2009 California Civil Code - Section 798.40-798.44 :: Article 4. Utilities

SECTION 798.40-798.44

798.40.  (a) Where the management provides both master-meter and
submeter service of utilities to a homeowner, for each billing period
the cost of the charges for the period shall be separately stated
along with the opening and closing readings for his or her meter. The
management shall post in a conspicuous place, the prevailing
residential utilities rate schedule as published by the serving
   (b) If a third-party billing agent or company prepares utility
billing for the park, the management shall disclose on each resident'
s billing, the name, address, and telephone number of the billing
agent or company.

798.41.  (a) Where a rental agreement, including a rental agreement
specified in Section 798.17, does not specifically provide otherwise,
the park management may elect to bill a homeowner separately for
utility service fees and charges assessed by the utility for services
provided to or for spaces in the park. Any separately billed utility
fees and charges shall not be deemed to be included in the rent
charged for those spaces under the rental agreement, and shall not be
deemed to be rent or a rent increase for purposes of any ordinance,
rule, regulation, or initiative measure adopted or enforced by any
local governmental entity which establishes a maximum amount that a
landlord may charge a tenant for rent, provided that at the time of
the initial separate billing of any utility fees and charges the rent
chargeable under the rental agreement or the base rent chargeable
under the terms of a local rent control provision is simultaneously
reduced by an amount equal to the fees and charges separately billed.
The amount of this reduction shall be equal to the average amount
charged to the park management for that utility service for that
space during the 12 months immediately preceding notice of the
commencement of the separate billing for that utility service.
   Utility services to which this section applies are natural gas or
liquid propane gas, electricity, water, cable television, garbage or
refuse service, and sewer service.
   (b) This section does not apply to rental agreements entered into
prior to January 1, 1991, until extended or renewed on or after that
   (c) Nothing in this section shall require rental agreements to
provide for separate billing to homeowners of fees and charges
specified in subdivision (a).
   (d) Those fees and charges specified in subdivision (a) shall be
separately stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated
on the initial notice and each subsequent billing to the homeowner
while the fee or charge is billed to the homeowner.

798.42.  The management shall provide, by posting notice on the
mobilehomes of all affected homeowners and residents, at least 72
hours' written advance notice of an interruption in utility service
of more than two hours for the maintenance, repair, or replacement of
facilities of utility systems over which the management has control
within the park, provided that the interruption is not due to an
emergency. The management shall be liable only for actual damages
sustained by a homeowner or resident for violation of this section.
   "Emergency," for purposes of this section, means the interruption
of utility service resulting from an accident or act of nature, or
cessation of service caused by other than the management's regular or
planned maintenance, repair, or replacement of utility facilities.

798.43.  (a) Except as provided in subdivision (b), whenever a
homeowner is responsible for payment of gas, water, or electric
utility service, management shall disclose to the homeowner any
condition by which a gas, water, or electric meter on the homeowner's
site measures gas, water, or electric service for common area
facilities or equipment, including lighting, provided that management
has knowledge of the condition.
   Management shall disclose this information prior to the inception
of the tenancy or upon discovery and shall complete either of the
   (1) Enter into a mutual written agreement with the homeowner for
compensation by management for the cost of the portion of the service
measured by the homeowner's meter for the common area facilities or
equipment to the extent that this cost accrues on or after January 1,
   (2) Discontinue using the meter on the homeowner's site for the
utility service to the common area facilities and equipment.
   (b) On and after January 1, 1994, if the electric meter on the
homeowner's site measures electricity for lighting mandated by
Section 18602 of the Health and Safety Code and this lighting
provides lighting for the homeowner's site, management shall be
required to comply with subdivision (a).

798.43.1.  (a) The management of a master-meter park shall give
written notice to homeowners and residents on or before February 1 of
each year in their utility billing statements about assistance to
low-income persons for utility costs available under the California
Alternate Rates for Energy (CARE) program, established pursuant to
Section 739.1 of the Public Utilities Code. The notice shall include
CARE information available to master-meter customers from their
serving utility, to include, at a minimum: (1) the fact that CARE
offers a discount on monthly gas or electric bills for qualifying
low-income residents; and (2) the telephone number of the serving
utility which provides CARE information and applications. The park
shall also post the notice in a conspicuous place in the clubhouse,
or if there is no clubhouse, in a conspicuous public place in the
   (b) The management of a master-meter park may accept and help
process CARE program applications from homeowners and residents in
the park, fill in the necessary account or other park information
required by the serving utility to process the applications, and send
the applications to the serving utility. The management shall not
deny a homeowner or resident who chooses to submit a CARE application
to the utility himself or herself any park information, including a
utility account number, the serving utility requires to process a
homeowner or resident CARE program application.
   (c) The management of a master-meter park shall pass through the
full amount of the CARE program discount in monthly utility billings
to homeowners and residents who have qualified for the CARE rate
schedule, as defined in the serving utility's applicable rate
schedule. The management shall notice the discount on the billing
statement of any homeowner or resident who has qualified for the CARE
rate schedule as either the itemized amount of the discount or a
notation on the statement that the homeowner or resident is receiving
the CARE discount on the electric bill, the gas bill, or both the
electric and gas bills.
   (d) "Master-meter park" as used in this section means
"master-meter customer" as used in Section 739.5 of the Public
Utilities Code.

798.44.  (a) The management of a park that does not permit
mobilehome owners or park residents to purchase liquefied petroleum
gas for use in the mobilehome park from someone other than the
mobilehome park management shall not sell liquefied petroleum gas to
mobilehome owners and residents within the park at a cost which
exceeds 110 percent of the actual price paid by the management of the
park for liquefied petroleum gas.
   (b) The management of a park shall post in a visible location the
actual price paid by management for liquefied petroleum gas sold
pursuant to subdivision (a).
   (c) This section shall apply only to mobilehome parks regulated
under the Mobilehome Residency Law. This section shall not apply to
recreational vehicle parks, as defined in Section 18215 of the Health
and Safety Code, which exclusively serve recreational vehicles, as
defined in Section 18010 of the Health and Safety Code.
   (d) Nothing in this section is intended to abrogate any rights a
mobilehome park owner may have under Section 798.31 of the Civil
   (e) In addition to a mobilehome park described in subdivision (a),
the requirements of subdivisions (a) and (b) shall apply to a
mobilehome park where requirements of federal, state, or local law or
regulation, including, but not limited to, requirements for setbacks
between mobilehomes, prohibit homeowners or residents from
installing their own liquefied petroleum gas supply tanks,
notwithstanding that the management of the mobilehome park permits
mobilehome owners and park residents to buy their own liquefied
petroleum gas.

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