SB 427

Current law provides specific requirements relating to the rental of homes or sites in mobile or manufactured home communities. These requirements apply to “residents” (persons who rent a site in a mobile or manufactured home community and reside in a home on the site) and to “occupants” (persons who rent a home in a mobile or manufactured home community or who occupy a home on a rented site within the community).

This bill changes the definitions of “resident” and “occupant,” thereby changing the persons to whom the existing requirements relating to rental of mobile and manufactured homes apply. Under the bill, “resident” is defined as a person who rents a site in a mobile or manufactured home community and who owns the home that is located on the site, regardless of whether the person resides there. “Occupant” is defined as a person other than a resident who resides in a mobile or manufactured home in a community with the home’s owner (the resident) with the consent of the community’s operator.

The bill also provides that the requirements relating to rental of mobile and manufactured homes do not apply to a person who resides in a mobile or manufactured home without the home’s owner. Under the bill, a person who is not a resident or occupant who rents a mobile home or manufactured home from a resident or from the community’s operator is subject to current law governing landlords and tenants.

In addition, the bill requires the owner or operator of a mobile or manufactured home community to provide at least 90 days’ written notice to all known residents and occupants before permanently retiring the community or a site within the community from the rental housing market. The bill also provides that, if a resident or occupant fails to sign and return a lease or lease renewal, the community operator may elect to hold the resident or occupant on a month-to-month lease.

Under current law, the tenancy of a resident or occupant may be terminated only for specific reasons. Under current law, such a tenancy may be terminated based on a resident’s or occupant’s refusal to sign a lease; under the bill, a tenancy may also be terminated for failing to submit a signed lease to the community’s operator. Under current law, a tenancy may be terminated for a material misrepresentation in the application for tenancy; under the bill a tenancy may also be terminated for failure to meet any nondiscriminatory application criteria. In addition, the bill provides that a tenancy may be terminated for violating a community rule prohibiting any resident from owning more than one home in the community.

Finally, the bill changes the definition of “community.” Under current law, a “community” is defined as a tract of land with at least three plots upon which mobile homes or manufactured homes are located in exchange for rent or other fees. Under the bill, “community” is defined as any plot with at least three occupied mobile homes or manufactured homes, with an exception for certain farms.