Pursuant to the Mobile Home Residency Law, the provisions of this chapter shall not apply to the following:
(A) Rental agreements in excess of 12 months duration, entered into before February 13, 2020 for the personal and actual residence of the tenant which meet all of the criteria in Cal. Civil Code § 798.17(b), as the same may be amended from time to time (Cal. Civil Code, § 798.17). However, agreements entered into on or after February 13, 2020, including agreement or contract renewals, even when they meet these requirements, do not qualify for this exemption. Upon expiration of or other termination of an exempt rental agreement pursuant to this division, this chapter shall apply unless another exemption applies. Not withstanding the above, the above-described exemption shall end for all rental agreements regardless of when signed, as of the date upon which the exemption contained in Cal. Civil Code § 798.17 is repealed.
(B) Any newly constructed spaces or new mobile home park construction as defined in Cal. Civil Code § 798.7, and which are exempt as provided in Cal. Civil Code § 798.45.
(C) Mobile homes not being used as a person's primary residence that are not being leased to another person (Cal. Civil Code § 798.21). Mobile homes not being used as a person's primary residence that the tenant is otherwise permitted to lease or rent to another person, or which are not being actively held available for sale by the tenant, as set forth in Cal. Civil Code § 798.21.
(D) Any other provisions of the Mobile Home Residency Law or other applicable law addressing exemptions, as applicable.
(E) Any space rent increase or other action to which this chapter would otherwise apply, whereby two-thirds of all mobile home tenants affected by a space rent increase or other action give their approval in writing as evidenced by the signature of one tenant for each space or in an election called to consider the matter with each space casting one vote. These actions include, but are not limited to, capital improvement projects. The mobile home park owner shall supply satisfactory proof of such approval to the Director for verification prior to the date where such space rent increase shall become effective.
(Ord. 2023-366, passed 3-1-2023)