AB 768

AB768:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 768

An act to amend Section 798.21 of the Civil Code, relating to mobilehome parks.

LEGISLATIVE COUNSEL'S DIGEST

AB 768, as amended, Ávila Farías. Mobilehome parks: rent protections: local rent control.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property.

Existing law exempts the rental of certain mobilehome spaces by a homeowner, if the mobilehome space is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, that establishes a maximum amount that the landlord may charge a tenant for rent, as specified.

This bill would, instead, apply that exemption to the rental of a mobilehome space that is not occupied as the actual residence of used as permanent housing, as defined, by the homeowner or a tenant for a period of at least 30 consecutive days, an approved tenant, except as specified.

Existing law provides that, for purposes of the above provisions, a mobilehome is deemed to be the principal residence of the homeowner unless a review of state or county records demonstrate otherwise, as specified, and establishes procedures for the modification of rent or other terms of tenancy as a result of that review, as specified. specified. Existing law provides that before modifying the rent or other terms of tenancy as a result of learning that the mobilehome space is not the principal residence of the homeowner through the above-described review, the management, as defined, shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with a copy of the documents upon which management relied. Existing law prohibits management from modifying the rent or other terms of tenancy as described above if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents, as specified.

This bill would, instead, provide that before modifying the rent or other terms of tenancy as a result of learning that the mobilehome space is not occupied used as permanent housing as described above, the management shall notify the homeowner, as specified. specified, and shall provide the homeowner with an explanation of its determination and a copy of the documents upon which management relied in making its determination. The bill would, instead, prohibit management from modifying the rent or other terms of tenancy as described above if the homeowner provides a statement refuting management’s claim that the mobilehome is not being used as permanent housing as described above. The bill would, in that regard, create a rebuttable presumption in favor of the homeowner’s statement.

Existing law makes certain rental agreements exempt from the above provisions.

This bill would limit those exemptions to mobilehomes that are actively held available for sale, as specified.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 798.21 of the Civil Code is amended to read:

798.21.

(a) If a mobilehome space within a mobilehome park is not occupied as the actual residence of the homeowner or a tenant for a period of at least 30 consecutive days, used as permanent housing by the homeowner or a tenant approved pursuant to Section 798.23.5, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent.

(b) Nothing in this section is intended to require a homeowner to disclose information concerning the homeowner’s personal finances. Nothing in this section shall be construed to authorize management to gain access to any records which would otherwise be confidential or privileged.

(c) Before modifying the rent or other terms of tenancy as a result of learning that the mobilehome space is not occupied as the actual residence of the homeowner or a tenant for a period of at least 30 consecutive days, used as permanent housing as described in subdivision (a), the management shall notify the homeowner, in writing, of the proposed changes and shall provide the homeowner with an explanation of its determination and a copy of the documents upon which management relied. relied in making its determination.

(d) (1)The homeowner shall have 90 days from the date the notice described in subdivision (c) is mailed to review and respond to the notice. Management may not modify the rent or other terms of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to information provided by the homeowner. Management

(2) Management may not modify the rent or other terms of tenancy if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents. provides a statement refuting management’s claim that the mobilehome space is not being used as permanent housing as described in subdivision (a). There shall be a rebuttable presumption in favor of the homeowner’s statement and the burden shall be upon the management to show that the space is not being used as permanent housing.

(e) This section shall not apply if the mobilehome any of the following are true:

(1) The homeowner is unable to rent or lease the mobilehome because the owner or management of the mobilehome park in which the mobilehome is located does not permit, or the rental agreement limits or prohibits, the assignment of the mobilehome or the subletting of the mobilehome space.

(2) The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain exempt pursuant to this subdivision.

(3) The legal owner has taken possession or ownership, or both, of the mobilehome from a registered owner through either a surrender of ownership interest by the registered owner or a foreclosure proceeding.(f) For purposes of this section, “permanent housing” means a residence where there is clear evidence or intent for the occupancy to be indefinite or for an enduring, continuous period of time. “Permanent housing” does not include a seasonal vacation home or a short-term rental.