The following document is a declaration of the basic rights of the mobile park homeowner/tenant. This declaration is necessary because, in general, mobilehome park rules and regulations do not properly address the rights and protections to which homeowners/tenants are entitled under the Constitution of the United States of America and the California Civil Code Provisions, Mobilehome Residency Law.
The position of the park mobile homeowner is unique, for though he/she is the owner and occupier of his/her private dwelling, he/she is also a tenant, renting land space, and by virtue of that, he/she is dependent on the good faith and the goodwill of the park owners and managers and is directly dependent on the park owner to provide the necessary services and park maintenance. Therefore it is essential for the wellbeing and protection of park residents that their rights should be defined, recognized, and respected.
It is particularly imperative that the rights of senior residents in mobile home parks be respected. Senior park residents may be especially vulnerable to improper, abusive language, intimidation or coercion and often are reluctant to protest against such intimidation or infringements of their rights. Therefore it is the responsibility of all citizens to be aware of actions which may verge on, or possibly constitute elder abuse. The following are declared to be the entitled rights of all mobile homeowners and particularly the rights of senior residents.
BILL OF RIGHTS
- Park homeowners/residents shall be recognized as having the right to file complaints with the park owners/management and to report any violations of the homeowners/residents rights.
- Homeowners/residents shall not be subjected to intimidation or threats of retaliation in any form, or suggestion of eviction because of filing a complaint.
- Homeowners/residents shall be recognized as having the right and/or the responsibility to file complaints on behalf of another park resident, if so delegated to convey such complaint.
- The homeowner/resident has the right to expect the park owner/management to refrain from entering the homeowners’ premises without due cause. (California Civil Code 798.26.) The ownership or management shall have the right of entry- when the resident or homeowner fails to so maintain the premises-, but not in a manner or at a time which would interfere with the resident’s quiet enjoyment.
- California Civil Code 798.51 (d). A homeowner or resident may not be charged a cleaning deposit in order to use the park recreation hall.
- Homeowners/residents have the right to be notified of a call to meeting and to assemble within park facilities, and without interference, for the purpose of discussing their grievances and having their grievances addressed. (California Civil Code, 798.50 and 798.51 (a).
- Homeowners/residents, upon request, have the right to the name[s], business address[s], and business telephone number[s] of the mobile park owner[s] upon the request of the homeowner. (California Civil Code, 798. 28).
- Homeowners/tenants have the right to request the mobilehome park owners/managers to abide by the stated current Park Rules and Regulations.