SB 915

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 03, 2020
  • Passed Senate Jun 25, 2020
  • Passed Assembly Aug 31, 2020
  • Governor

Mobilehome parks: emergency relief: coronavirus (COVID-19).

Abstract

Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Under existing law, the management of a mobilehome park may not terminate or refuse to renew a tenancy, except pursuant to certain procedures, and upon giving written notice to the homeowner of not less than 60 days. This law, among other things, defines "management" to mean the owner of a mobilehome park or an agent or representative authorized to act on the owner's behalf in connection with matters relating to a tenancy in the park. Existing law defines a "resident" as a homeowner or other person who lawfully occupies a mobilehome. This bill would prohibit the management of a mobilehome park from terminating or attempting to terminate the tenancy of a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, on the grounds of failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or failure to pay rent, utility charges, or reasonable incidental service charges during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, unless necessary to protect the public health and safety. The bill would also prohibit, during this timeframe, the management of a mobilehome park from issuing certain notices relating to rent increases, termination of tenancy, or refusal to renew tenancy. The bill would also prohibit a court from issuing a summons on a complaint for unlawful detainer within this timeframe for failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or failure to pay rent, utility charges, or reasonable incidental service charges, unless the court finds the action necessary to protect public health and safety. Existing law prohibits the management of a mobilehome park from terminating a tenancy unless for one of specified reasons, including, but not limited to, failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified, and failure to pay rent, utility charges, or reasonable incidental service charges for at least 5 days from the due date. Existing law requires, after the 5 days of failure to pay rent, utility charges, or reasonable incidental service charges elapses, the management of the mobilehome park to provide the homeowner with a 3-day notice to pay or vacate the tenancy, as prescribed. Under existing law, an act or omission of the homeowner or resident does not constitute a failure to comply with a reasonable rule or regulation of the park that is part of the rental agreement unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within 7 days, except as specified. This bill would require a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, to have 7 days from the date they receive a notice of a failure to comply with a reasonable rule or regulation of the park described above to notify the management in writing of their need to have additional time to comply with the notice. The bill, with exceptions, would require management that receives the described notice to grant the homeowner or resident the additional time requested to comply with the rule or regulation, but in no event more than one year. The bill would require a notice of a failure to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified, issued during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, to contain specified language describing these provisions, printed in at least 12-point boldface type at the top of the notice. This bill would authorize a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, to notify management in writing at any time prior to the expiration of a 3-day notice demanding payment of past due rent, utilities, or reasonable incidental charges that they need additional time to make the payment due to hardship from the coronavirus (COVID-19) pandemic. The bill would require management that received the above-described notice to grant the homeowner or resident one year from the expiration of the 3-day notice to make the payment, unless a different amount of time is mutually agreed upon by the homeowner or resident and the management. The bill would also require a notice for failure to pay rent, utility charges, or reasonable incidental service charges issued during the declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the termination thereof, to contain specified language describing these provisions, in at least 12-point boldface type at the top of the notice. Existing law authorizes the management of a mobilehome park to file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. If a homeowner or resident who provides written notice to the management of the mobilehome park that the homeowner or resident is impacted by the coronavirus (COVID-19) pandemic, as specified, this bill would prohibit the management from seeking to enforce such an order or imposing rent increases or other charges in addition to what is included in the resident's base rent while the homeowner or resident is in compliance with the terms of a specified payment recovery plan. The bill would authorize a homeowner or resident who is prevented by management from exercising the rights provided here to bring a civil action and would authorize a court to order injunctive relief and other relief the court deems proper, as specified. The bill would require management to itemize on the homeowner's or resident's rental invoice any payments made and due under the repayment plan. The bill would also require management to apply any government funds received to offset rent, utilities, or other charges left unpaid due to the coronavirus (COVID-19) pandemic as a credit against the outstanding balances of homeowners and residents impacted by the coronavirus (COVID-19) pandemic equally on a per person basis. The bill would also require a specified payment recovery period to be extended through the end of the 2021 calendar year if the homeowner or resident demonstrates that they have continued to suffer economic hardship due to the coronavirus (COVID-19) pandemic.

Bill Sponsors (2)

Votes


Actions


Sep 01, 2020

Senate

Ordered to inactive file.

Aug 31, 2020

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

Read third time. Passed. (Ayes 44. Noes 15. Page 5454.) Ordered to the Senate.

Aug 24, 2020

Assembly

Ordered to third reading.

Assembly

Read third time and amended.

Assembly

Amendments by Assembly Member Kiley tabled on motion by Assembly Member Calderon. (Ayes 54. Noes 17. Page 5169.)

Aug 03, 2020

Assembly

Read second time. Ordered to third reading.

Jul 30, 2020

Assembly

From committee: Do pass. (Ayes 6. Noes 1.) (July 29).

Jul 28, 2020

Assembly

July 28 hearing postponed by committee.

Jul 27, 2020

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

  • Reading-1
  • Referral-Committee
  • Amendment-Passage
  • Reading-2
  • Committee-Passage
Com. on H. & C.D.

Jun 29, 2020

Assembly

Referred to Com. on H. & C.D.

  • Referral-Committee
Com. on H. & C.D.

Jun 25, 2020

Senate

Read third time. Passed. (Ayes 29. Noes 11. Page 3864.) Ordered to the Assembly.

Assembly

In Assembly. Read first time. Held at Desk.

Jun 22, 2020

Senate

Read second time. Ordered to third reading.

Jun 18, 2020

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3767.) (June 18).

Jun 11, 2020

Senate

Set for hearing June 18.

Jun 09, 2020

Senate

June 9 hearing: Placed on APPR. suspense file.

Jun 03, 2020

Senate

Set for hearing June 9.

May 29, 2020

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Reading-1
  • Referral-Committee
  • Amendment-Passage
  • Reading-2
Com. on APPR.

May 28, 2020

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 3583.) (May 22).

May 13, 2020

Senate

Set for hearing May 22.

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Reading-1
  • Referral-Committee
  • Amendment-Passage
  • Reading-2
  • Committee-Passage
Com. on JUD.

May 11, 2020

Senate

Withdrawn from committee.

Senate

Re-referred to Coms. on JUD. and APPR.

  • Referral-Committee
Coms. on JUD. and APPR.

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Apr 15, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

  • Reading-1
  • Referral-Committee
  • Amendment-Passage
  • Reading-2
  • Committee-Passage
Com. on HOUSING.

Mar 18, 2020

Senate

March 31 hearing postponed by committee.

Mar 12, 2020

Senate

Set for hearing March 31.

Mar 05, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

  • Reading-1
  • Referral-Committee
  • Amendment-Passage
  • Reading-2
  • Committee-Passage
Com. on HOUSING.

Feb 12, 2020

Senate

Referred to Com. on HOUSING.

  • Referral-Committee
Com. on HOUSING.

Feb 04, 2020

Senate

From printer. May be acted upon on or after March 5.

Feb 03, 2020

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB915 HTML
02/03/20 - Introduced PDF
03/05/20 - Amended Senate PDF
04/15/20 - Amended Senate PDF
05/13/20 - Amended Senate PDF
05/29/20 - Amended Senate PDF
06/18/20 - Amended Senate PDF
07/27/20 - Amended Assembly PDF
08/24/20 - Amended Assembly PDF

Related Documents

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Sources

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