Q.: I am a senior citizen who lives in a local mobilehome park. The park owner claims that, if I sell my mobilehome, he can require that it be removed from the park. I'm on a fixed income, and can't afford an attorney to advise me. Is there anyone who can possibly help me?
A.: Yes. Civil Code sections 798, et seq. are known as the "Mobilehome Residency Law," which governs the relationship between the ownership or management of a mobilehome park and the homeowners in the park. It also includes provisions that address the rights and duties of park ownership or management and a park homeowner who desires, during the term of his or her tenancy in the park, to sell his or her mobilehome to a third party.
The management may not require the removal of a mobilehome from the park in the event of its sale to a third party during the term of the homeowner's rental agreement or in the 60 days following the initial notice of termination required by Civil Code section 798.55(b)(1). However, in the event of a sale to a third party, the management may require that a mobilehome be removed from the park if one of the four conditions set forth in Civil Code section 798.73 exist.
To assist in coordinating and resolving complaints and problems within mobilehome parks, the legislature has created the position of mobilehome ombudsman. (Health & Safety Code section 18150). The ombudsman is a government official who can provide assistance in taking complaints and resolving and coordinating the resolution of complaints received from the public relating to mobilehomes, including problems of title and registration, installation, warranties, and financing and also problems relating to sales, inspections of homes and parks, and accessories and improvements. Note that the ombudsman is not empowered to provide assistance, such as arbitration, mediation, negotiation, or the provision of legal advice, in resolving or coordinating disputes involving rental agreements, leases, or rent disputes. (Health & Safety Code section 18151).
Pursuant to Civil Code section 798.29, the management of a mobilehome park is required to post a sign prepared by the California Department of Housing and Community Development stating the name, address, and telephone number of the ombudsman.
The ombudsman is required to refer all violations of law and regulations to the Division of Codes and Standards within the California Department of Housing and Community Development. (Health & Safety Code section 18151(d)).
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