Mobile Home Park Rent Stabilization Ordinance
The County has a rent control ordinance that applies to mobile home parks. It applies to residents who have a month-to-month space rent agreement rather than a long term lease. The county code is known as Title 25 - Mobilehome Rent Stabilization. Title 25 limits the yearly rent increase on a mobile home space to 60% of the cost-of-living index (i.e., to 60% of the Consumer Price Index, or "CPI").
A mobile home park owner can apply for a larger rent increase. But they must demonstrate that the cost of operating the mobile home park exceeds the amount that the park earns even with the rent increase. Any increase in government fees (i.e.,county, state and federal fees) can "pass-through" directly to the residents without approval from the County's Mobilehome Rent Review Board.
California Department of Housing and Community Development (HCD) oversees the construction and long-term maintenance (health and safety) of mobile home parks. Currently, the state HCD inspector is Joe Apresa (phone: 760-977-7494, email: [email protected]). Further questions may be referred to HCD District Representative Sergio Cercado (phone: 951-782-4420, email: [email protected]).
Frequently Asked Questions
The County rent control ordinance says that the space rent for new mobile home owners shall not be increased by more than 10% (see the County's Title 25 Section 25.06.011). However, state law overrides local ordinances. Again, some mobile home park managers will not offer new mobile home buyers a choice between a short-term lease (and rent control) or long-term lease.
Yes. State and local rent control laws apply to all mobile home parks. However, the rent control laws apply only to spaces with short-term (month-to-month) rental agreements. Rent control does not apply to spaces with long-term rental agreements (exceeding 12 months). See California Civil Code 798.17 et.seq., specifically 798.17(a). Note: Your local city or county must have its own rent control ordinance.
One time per year, the rent may be increased by 60% of the Consumer Price Index (CPI). For example, for the past 12-month period, the increase in CPI was 3.9%. Therefore, 3.9% X 60% = 2.34%. The space rent may be increased by 2.34%. For more information, refer to the County's Title 25 - Section 25.06.010(b).
a. Pursuant to California Civil Code 798.17 and 798.18:
- A homeowner with an expired or expiring lease or rental agreement shall be given a choice between a long-term lease or a short-term lease (such as a month-to-month lease with rent control).
- The homeowner shall have 30 days to review the offered lease agreement. The homeowner also has 72 hours to void the rental agreement if he/she signs it (798.17(b)(3), (b)(4) and (f)).
- If the homeowner refuses to sign the long-term lease then he/she must be offered a short-term lease with the same rental charges, terms and conditions as the long-term lease (798.17(c)).
- Any long-term rental agreement shall have a boldface notice on the front page indicating that it is exempt from the local rent control ordinance (798.17(a)(2)).
- No lease or rental agreement is allowed to have an automatic renewal clause (California Civil Code 798.17(g) and 798.18(c)).
Please be aware that neither the state Mobilehome Residency Law nor the County's Title 25 provide a mechanism for enforcement. Neither the state nor the county have the ability to impose a fine or a citation. A violation of the rent control laws is a civil matter, and the suffering party may use civil litigation to remove the violation. This applies whether there is a homeowner who does not pay the space rent or a park manager who overcharges for the mobile home space. The County encourages alternative methods to be considered before engaging in legal action.
Homeowners who feel that there has been a rent overcharge (in violation of the County's Title 25) can choose to pay the full rent amount "under protest," and continue working to resolve the matter outside of court.