California Mobile Home Law and Landmark Cases

Various statutory and administrative provisions govern mobile homes and mobile home tenancies. 1. Mobilehome Parks Act: Statute and Regulations Mobile home park construction and operation is governed by the Mobilehome Parks Act (MPA), which is codified at Health & Safety Code section 18200 et seq. (County of Santa Cruz v. Waterhouse (2005) 127 Cal.App.4th 1483, 1489.) The HCD has promulgated regulations under the MPA, which are found in Title 25 of the California Code of Regulations (Title 25) at section 1000 et seq. One of the regulations addresses approval for new mobile home installation, stating in pertinent part: "Park operator approval is required with all applications for a permit to install a MH-unit, or to alter an MH-unit located in a park, if the alteration would affect the electrical, fuel gas or plumbing system of the park." (Cal. Code Regs., tit. 25, 1032, subd. (d).) Another regulation provides for minimum setbacks on lots in mobile home parks. (Id., 1330.) 2. Mobilehome Residency Law Mobile home tenancies in mobile home parks are governed by the Mobilehome Residency Law (MRL), codified at Civil Code section 798 et seq.( Unspecified statutory references are to the Civil Code) "Ordinarily, mobilehome park tenants own their homes but rent the spaces they occupy." (People ex rel. Kennedy v. Beaumont Investment, Ltd. (2003) 111 Cal.App.4th 102, 109.) "The protections afforded by the MRL reflect legislative recognition of the unique nature of mobilehome tenancies." (Ibid.) The MRL begins with general provisions (Article 1, 798-798.14). It then covers such topics as rental agreements (Article 2, 798.15 - 798.22), park rules and regulations (Article 3, 798.23 -- 798.29.5), and ownership transfers (Article 7, 798.70 - 798.83). Through these and its other provisions, the MRL "regulates relations between the owners and the residents of mobilehome parks." (Cacho v. Boudreau (2007) 40 Cal.4th 341, 345.)