AMENDED IN SENATE MAY 24, 2024

AMENDED IN ASSEMBLY APRIL 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

95

CHAPTER 23

Statutes of 2024

[ Approved by Governor June 26, 2024. Filed with Secretary of State June 26, 2024. ]

Introduced by Assembly Member Joe Patterson

February 9, 2023

An act to amend Section 798.42 of the Civil Code, relating to mobilehome parks.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions that regulate tenancies in mobilehome parks. That law requires management to post written notice on the mobilehomes of all affected homeowners and residents of a mobilehome park of an interruption in utility service at least 72 hours in advance, as specified.

This bill would authorize management, upon voluntary, written consent, as defined, of the homeowner or resident, to provide that notice through electronic communication, as defined.

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

SECTION 1.

Section 798.42 of the Civil Code is amended to read:

798.42.

(a) The management shall provide 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.

(b) (1) Upon voluntary, written consent of a homeowner or resident, the management may provide notice under this section by electronic communication in a form of electronic communication to which the homeowner or resident consents.

(2) For each homeowner or resident not provided notice by electronic communication, the management shall post written notice on the mobilehome of the affected homeowner or resident.

(c) For purposes of this section, the following definitions apply:

(1) “Electronic communication” means email, text, or automated telephone call.

(2) “Emergency” 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.

(3) “Voluntary, written consent” means written consent obtained separately from, and not contained in, any lease or rental agreement. Voluntary consent may be revoked by the homeowner or resident in writing at any time.