2009 California Civil Code - Section 798-798.14 :: Article 1. General

CIVIL CODE
SECTION 798-798.14

798.  This chapter shall be known and may be cited as the
"Mobilehome Residency Law."

798.1.  Unless the provisions or context otherwise requires, the
following definitions shall govern the construction of this chapter.

798.2.  "Management" means the owner of a mobilehome park or an
agent or representative authorized to act on his behalf in connection
with matters relating to a tenancy in the park.

798.3.  (a) "Mobilehome" is a structure designed for human
habitation and for being moved on a street or highway under permit
pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a
manufactured home, as defined in Section 18007 of the Health and
Safety Code, and a mobilehome, as defined in Section 18008 of the
Health and Safety Code, but, except as provided in subdivision (b),
does not include a recreational vehicle, as defined in Section 799.29
of this code and Section 18010 of the Health and Safety Code or a
commercial coach as defined in Section 18001.8 of the Health and
Safety Code.
   (b) "Mobilehome," for purposes of this chapter, other than Section
798.73, also includes trailers and other recreational vehicles of
all types defined in Section 18010 of the Health and Safety Code,
other than motor homes, truck campers, and camping trailers, which
are used for human habitation if the occupancy criteria of either
paragraph (1) or (2), as follows, are met:
   (1) The trailer or other recreational vehicle occupies a
mobilehome site in the park, on November 15, 1992, under a rental
agreement with a term of one month or longer, and the trailer or
other recreational vehicle occupied a mobilehome site in the park
prior to January 1, 1991.
   (2) The trailer or other recreational vehicle occupies a
mobilehome site in the park for nine or more continuous months
commencing on or after November 15, 1992.
   "Mobilehome" does not include a trailer or other recreational
vehicle located in a recreational vehicle park subject to Chapter 2.6
(commencing with Section 799.20).

798.4.  "Mobilehome park" is an area of land where two or more
mobilehome sites are rented, or held out for rent, to accommodate
mobilehomes used for human habitation.

798.6.  "Park" is a manufactured housing community as defined in
Section 18210.7 of the Health and Safety Code, or a mobilehome park.

798.7.  "New Construction" means any newly constructed spaces
initially held out for rent after January 1, 1990.

798.8.  "Rental agreement" is an agreement between the management
and the homeowner establishing the terms and conditions of a park
tenancy. A lease is a rental agreement.

798.9.  "Homeowner" is a person who has a tenancy in a mobilehome
park under a rental agreement.

798.10.  "Change of use" means a use of the park for a purpose other
than the rental, or the holding out for rent, of two or more
mobilehome sites to accommodate mobilehomes used for human
habitation, and does not mean the adoption, amendment, or repeal of a
park rule or regulation. A change of use may affect an entire park
or any portion thereof. "Change of use" includes, but is not limited
to, a change of the park or any portion thereof to a condominium,
stock cooperative, planned unit development, or any form of ownership
wherein spaces within the park are to be sold.

798.11.  "Resident" is a homeowner or other person who lawfully
occupies a mobilehome.

798.12.  "Tenancy" is the right of a homeowner to the use of a site
within a mobilehome park on which to locate, maintain, and occupy a
mobilehome, site improvements, and accessory structures for human
habitation, including the use of the services and facilities of the
park.

798.13.  (a) This chapter does not apply to any area owned,
operated, or maintained by the state for the purpose of providing
employee housing or space for a mobilehome owned or occupied by an
employee of the state.
   (b) Notwithstanding subdivision (a), a state employer shall
provide the occupant of a privately owned mobilehome that is situated
in an employee housing area owned, operated, or maintained by the
state, and that is occupied by a state employee by agreement with his
or her state employer and subject to the terms and conditions of
that state employment, with a minimum of 60-days' notice prior to
terminating the tenancy for any reason.

798.14.  Unless otherwise provided, all notices required by this
chapter shall be either delivered personally to the homeowner or
deposited in the United States mail, postage prepaid, addressed to
the homeowner at his or her site within the mobilehome park.


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