§ 798.39.5. — 798.39.5. (Amended by Stats. 2012, Ch. 477, Sec. 2.)

California § 798.39.5.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 2.: DIVISION 2. PROPERTY
• Title: 2.
• Part 2.: TITLE 2. ESTATES IN REAL PROPERTY
• Ch. 2.5.: CHAPTER 2.5. Mobilehome Residency Law
• Art. 3.5.: ARTICLE 3.5. Fees and Charges

Text

(a)
(1)
The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law or an enforcement agency against the management for a violation of this chapter or Part 2.1 (commencing with Section 18200) of Division 13 of the
Health and Safety Code, including any attorney’s fees and costs incurred by the management in connection therewith.
(2)
This section shall not apply to violations for which the registered owner of the mobilehome is initially responsible pursuant to subdivision (b) of Section 18420 of the Health and Safety Code.
(b)
A court shall consider the remoteness in time of the assessment or award against the management of any fine, forfeiture, penalty, money damages, or fee in determining whether the homeowner has met the burden of proof that the fee or increase in rent is in violation of this section.
(c)
Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money damages awarded against the
management for a violation of this chapter shall be void.

Legislative History

Amended by Stats. 2012, Ch. 477, Sec. 2. (AB 1938) Effective January 1, 2013.