Public Law Center

MHRC ZOOM Meeting with Public Law Center 3-24-25  

Notes by: Debbie Mastro  

Edited by: Penny Russell  

Public Law Center is an Orange County pro bono Law Firm for low-income  residents.  

1. They do not serve the Oceanside area and suggest we call local legal aid for  recommendations.  

2. AB2782 was discussed in detail and what it covers  

3. Homeowners should be familiar with their park’s Rules and Regulations,  the MRL, Title 25; CA Health & Safety Codes, ADA and Fair Housing Laws  4. Park owners need to give mobile homeowners a written notice of rent  increases 90 days before the date of increase (see MRL 798.30.) If not, the  increase is legally required to be delayed.  

5. If park owners increase the rent more than the allowable amount you can:   A. Pay the new amount under protest in writing or  

 B. Continue paying the prior amount and write a demand letter telling  the landlord the amount is unlawful.  

6. If the homeowner pays the new amount under protest and writes a  demand letter to the park, the homeowner could sue the park in small claims  court to get reimbursement for any over-payments in rent that resulted from  the unlawful rent increase.  

7. Termination of tenancy was discussed and what to do. A 60-day written  notice must be given Per MRL 798.55) before it can be terminated under  specific rules per the MRL.  

8. If a mobile homeowner prevails in a civil action against the park for  violation of the MRL the mobile homeowner may be awarded an amount not to  exceed $2000 for each willful violation of the MRL by the management in  addition to any other damages allowed by law.  

9. The park cannot retaliate against a resident who exercises a legal right, per  Civil Code 1942.5.  

10. Attorneys stated best practices are to pay your rent on time with check or  money order, not cash, write the purpose of payment on your check, and keep  all receipts.  

11. When communicating with the park management or owners, ALWAYS  PUT IT IN WRITING. Save all copies of communication.  

12. Read all notices and understand them or talk to an attorney if you decide  not to comply.  

13. Don't sign anything you do not understand.  

§798.37.5 Trees and Driveways

1. With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) in order to determine whether a violation of that act exists.
2. With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof.
3. Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section.
4. No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management.
5. This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001.
6. This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001.
7. Any mobilehome park rule or regulation shall be in compliance with this section.

Table of Contents

(Amended by Stats. 2014, Ch. 298, Sec. 1. (AB 2753, Committee on Housing and Community Development) Effective January 1, 2015.)

=====

The 16B inspection for Mission View West requires management to trim or remove some trees so the rent increase will be approved. Star Management is trying to shift the cost and responsibility to the homeowner.

According to the MRL, trees are the responsibility of management if the homeowner came after Jan. 1, 2001. If not, they are the responsibility belongs to the owner.

Star Management sent out two kinds of bills for the month of June, one paper and one online and they don't agree with each other.

The online bill was posted by the park manager and ignored some of the climate discounts.

According to the park manager at Mission View West the May discount will be given in July - not June as intended. The manager said they did not receive the discount until June, but somehow or another the company doing the paper bills got it and used it. It appears to me that management ignored the discounts.

When I paid my bill with the paper bill accounting, I paid in full, but according to the online bill, I still owe money for my climate discount.

This looks like a case of dishonesty to me.