Friday, February 15, 2019

Your Rights Bytes #1 - Stored Belongings


Question:  Does the park manager have the right to tell me to remove my belongings that are stored on my space?
 
Background
A woman called me to ask what her rights were for storing her family heirlooms around and under the crawl space of her home.  She said that since she always paid her rent on time, that she should be able to use her lot and home as it suited her.  I told her that her “right” to store, stack or pile her possessions in clear violation of Title 25, puts the rest of the park in danger of fire.  She hung up disappointed in my answer.
 
One day I received a call from a park resident who was upset because the park manager told him to either store his collection of household items inside his home, or remove the pile from the park.  He couldn’t understand why the park manager was being so harsh.  He explained to me that his “collection” consisted of items for a garage sale.  Shortly after I talked to him, I received a phone call from a person who must have been the collector’s neighbor, but this neighbor had no sympathy for the collector. She explained to me that the collector conducted a perpetual garage sale on his space, and that the assorted stuff around his home was for sale at all times.  At the very least, the collector’s “merchandise” was causing a headache for his neighbors.
 
Months later, I was with government officials on a walking tour of various mobilehome parks in an economically depressed area.  The subject of this tour was health and safety, of which the code violations in this particular park were acute.  Our small group of officials stopped to listen to the concerns of a few bold residents who approached us to plead for enforcement of a cleaner park.  They complained of rats that darted from home to home, nested under piles of trash, and gnawed on electrical wires. As I was listening to the small crowd of residents, I noticed through the corner of my eye a resident who was sitting in a folding chair amongst piles of used food containers and open, bulging trash bags.  He got up from his chair, flicked a lit cigarette butt on to his matchstick-dry lawn, and walked inside his home.  I thought, “This is why we have Title 25.”
 
Answer:  The park manager has an obligation to keep the park safe from fire. According to California Code of Regulations, Title 25 (health and safety requirements for mobilehome parks), Article 2, Section 1120, “Occupants shall keep the lot area and the area under, around, or on their unit and accessory buildings or structures free from an accumulation of refuse, rubbish, paper, leaves, brush or other combustible material,” and that park operators “...shall ensure that a collection system is provided and maintained, with covered containers, for the safe disposal of rubbish.”
--Stephanie Reid, formerly on staff with the Senate Select Committee for Manufactured Homes and Communities
NEW BLOG POSTS

Starting this month (February 2019), we will be posting "Your Rights Bytes" articles written by our experts in the Golden State Manufactured-home Owners Education Fund. 

Our first article will be from Stephanie Reid, who was on staff at the Senate Select Committee for Manufactured Homes and Communities. 

A new article will be published every week.

Anne Anderson
Ed Fund Academy Webmaster

Sunday, October 21, 2018

Governor Brown signed AB 3066, the Mobilehome Residency Law Protection Act!!  What does this do?  It provides an enforcement system for the MRL!   Manufactured-home owners will be able to submit complaints regarding violations of the MRL by their management or park owner.   More information about this will be posted on the GSMOL website, but the bottom line for MH owners is that we will need to learn more about what park problems are violations of the MRL.   You can begin here at the Ed Fund Academy by reading through the MRL course!   Another good source of information is the MRL FAQ published by the Senate Select Committee on Manufactured Homes.  You can find this as part of the MRL Handbook online at https://mobilehomes.senate.ca.gov/sites/mobilehomes.senate.ca.gov/files/2018_mobilehome_residency_law_handbook.pdf

Anne Anderson
Ed Fund Academy Webmaster

Saturday, December 26, 2015

Mobilehome Residency Law

Learn what the Mobilehome Residency Law (MRL) contains. Become a MRL Master. Manufactured home owners who live in leased-space parks take on a dual role as home owner and park tenant. In addition, private individuals or corporations own most parks, not the residents. The United State Court of Appeals for the 9th Circuit stated: “Because the owner of the mobile home cannot readily move it to get a lower rent, the owner of the land has the owner of the mobile home over a barrel.” (Guggenheim v. Goleta, Dec. 2010)

This complex housing situation has few if any other parallels. Manufacturers and dealerships, park owners and managers abused household that purchase manufactured homes. As a result of abuses, the Golden State Manufactured-home Owners League (GSMOL) championed laws and California legislators adopted laws to partially protect the rights of home owners. These laws became consolidated in the MRL, generally California Civil Code Sections 798 and 799.

Park residents must enforce the MRL by standing up for their rights. They may ultimately need to go through the civil coursts. To succeed, they must know the contents of the MRL.

Copyright – Carl Eric Leivo, PH.D.
Image courtesy of stockimages at freedigitalphotos.net

Mobilehome Parks Act and Title 25

Learn what the Mobilehome Parks Act and Title 25 contain. Become a Title 25 Master.

Manufactured home owners who live in leased-space parks take on a dual role as home owner and park tenant. They rely upon private individuals or corporations that own most parks to build and maintain park facilities. Park owners deliver services in parks essential to a living environment including utility services, street maintenance, and general park upkeep.

The Mobilehome Parks Act, first adopted in 1967, mandates that park owners provide healthy and safe living environments. The Act addresses the design, construction, occupation, use, and maintenance of manufactured home parks. It sets physical standards for parks and manufactured home spaces.

The California Department of Housing and Community Development (HCD) enforces the provisions of the Mobilehome Parks Act. HCD adopted regulations to implement the Act. These regulations are recorded as Title 25 of the California Code of Regulations.

Starting in 1976, the U.S. Government adopted manufactured housing construction standards. The standards serve a building codes for manufactured homes. The Federal Department of Housing and Urban Development (HUD) approves state administrative agencies (SAA) that implement federal law. HCD is the SAA for California.

Copyright – Carl Eric Leivo, PH.D.
First image courtesy of stockimages at freedigitalphotos.net.

Sunday, December 20, 2015

Space Rent Stabilization

The evolution of mobilehome living from the post-World War II days of “trailers" to current day manufactured housing has seen many changes.  With manufactured housing and mobilehomes now being "immobile", prefabricated homes, and mobilehome park ownership now a lucrative business; homeowners have encountered an increasing need for some kind of local government protection to safeguard their interests. Of all issues faced by mobilehome owners, none is more important than the question of how much space rent a homeowner will be required to pay.



Source: The GSMOL Mobilehome Rent Stabilization Ordinance Handbook, Second Edition: Guidelines for Drafting and Enacting a Mobilehome Rent Stabilization Ordinance.

Prepared by: Bruce Stanton, Esq. Corporate Counsel


Image courtesy of stockimages at freedigitalphotos.net