I believe every mobilehome owner should be aware that the Department of Housing and Community Development (HCD) is the California Government Agency responsible for the administration and enforcement of the Mobilehome Parks Act, which contains the standards and requirements for construction and maintenance of a mobilehome park. Provisions required and approved for a park owner to obtain a Conditional Use Permit (CUP) to build a mobilehome park. The Provisions are for the construction, use, maintenance and occupancy of mobilehome parks, mobilehome lots, permanent buildings, and accessory buildings and structures, #1000. These standards and requirements of the (CUP) must be provided before a park owner’s Permit to Operate is issued #1010. For an annual renewal of the park owner’s Permit to Operate the park must be maintained, “In accordance with the provision of the California Health and Safety Code”. It is unlawful to construct additional buildings or lots, alter buildings, lots, or other installations, in an existing park #18500 (c).
A few of the important standards and requirements to be provided as per the CUP are; excavating and grading #1054, the park area should so be graded that there will be no depressions in which surface water will accumulate #1610, lot identification #1104, mobilehome shall not exceed 75% of the lot area #1110, utility installations required to be provided to the lots #1328, Electrical #1130, Fuel Gas #1200, Plumbing #1240, An alternate permit is required if any changes are made in the CUP #1018. Whenever construction work is in violation of the provisions of the CUP the enforcement agency may order the work stopped by written notice on the person doing the work #1046.
These standards and requirements of the CUP are the terms and conditions of a homeowner’s contract to place his or her home investment in the park. After park approval is given for the installation of a mobilehome #1032 (d), and the home is installed, the agency issues a Statement of Installation Acceptance (Certificate of Occupancy). Then I believe it takes approval of both parties to agree to any changes. The Legislature has deemed that these standards and requirements of construction, use, maintenance, and occupancy should guarantee mobilehome park residents maximum protection of their investment #18251.
It is the statutory duty of HCD Administrators to see there is maintenance compliance with the Health and Safety Codes. The maintenance responsibility of the utility installations #1604 and the maintenance compliance for permanent buildings #1636, HCD has been given the right to issue penalties or suspend or revoke the park owner’s Permit to Operate.
I believe, the problem has been that when mobilehome owners contracted to place their home investments in the park they were not aware of these codes or have the financial resources to get a court opinion. This is why I believe it is so important for a mobilehome owner to know the standards and requirements of these codes.
Other Codes and facts that might be good to consider are; MRL 798.19. No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive of this chapter. Any such waiver shall be deemed contrary to public policy and void. MRL 798.16 The rental agreement need not include specific language contained in state laws.
H & S Code #18015 Applicability. The Act applies to all parts of the State and supercedes any ordinances enacted by any city or county which conflict with its provisions.
In March 1993, the California Court of Appeal upheld a Superior Court Case which again confirmed the fundamental concept that an illegal act cannot be enforced by a court of law.
Constitution of the State of California, Article I, Declaration of Rights, Sec. 3. The people have the right to instruct their representatives, petition government for redress of grievances.
Webster’s definition. Provide- To supply for use- To furnish. Tenancy- The period of a tenant’s occupancy or possession.
Article by Donna Matthews. Donna can be contacted through Mobilehome Magazine.