Cal. Civ. Code § 398.6

(a) All rent, fees, service charges and assessments payable to the community owner and
utility charges for water, sewer, trash, Internet, cable, electricity and fuel charges
payable to the owner and notice of any other utility charges for which the lessee
may be responsible shall be fully disclosed in writing to a prospective manufactured
home lessee prior to the manufactured home community owner or operator's acceptance
of any initial deposit, fee or rent and prior to execution of the manufactured home
space lease. For current manufactured home residents, the manufactured home community
owner or operator shall fully disclose all rent, fees, service charges and assessments
payable to the community owner and utility charges for water, sewer, trash, cable,
electricity and fuel charges payable to others in writing prior to the execution of
a mandatory lease of at least one month in duration.
(b) The manufactured home community owner may require that the prospective lessee or current
lessee sign a receipt indicating receipt of a copy of the required disclosure and
the manufactured home community rules and regulations so long as these documents are
clearly identified in the receipt itself. The receipt shall indicate nothing more
than that the documents identified in the receipt have been received by the lessee.
(c) Failure to disclose such rent, fees, service charges and assessments shall render
them void and unenforceable in the courts of the Commonwealth. Increases in such rent,
fees, service charges and assessments payable to the owner shall be unenforceable
until 30 days after notice thereof has been posted in the public portion of the community
office or other conspicuous and readily accessible place in the manufactured home
community and mailed to the manufactured home lessee. However, rent shall not be increased
during the term of the lease.
(d) The written disclosure shall contain a cover sheet with the following statement in
12-point, sans-serif type, except the term "five days" in the final paragraph of the
notice shall appear in 16-point, sans-serif, bold type.
This document contains important information regarding your legal rights and your
financial obligations in leasing or renewing or signing a new lease for a manufactured
home space. Make sure that you read the entire document and seek legal advice if you
have any questions regarding the information stated in this document.
The statements contained in this disclosure are only summary in nature. A prospective
lessee should refer to all references, including all lease or rental agreement documents
as well as any rules and regulations that have been established for the manufactured
home community. Oral representations should not be relied on as correctly stating
the representations of the manufactured home community owner or operator. Instead,
you should refer to the lease or rental agreement and required disclosure documents
for correct representations. You should also refer to the act of November 24, 1976
(P.L.1176, No.261), known as the Manufactured Home Community Rights Act, to become
familiar with your obligations and rights as a manufactured home resident.
You have five calendar days from the date you received this documentation to cancel
your agreement in writing to the manufactured home community owner or operator.
(e) All new leases, lease extensions and lease renewals, which are for more than a 60-day
period, shall contain the following full disclosures:
(1) The manner in which utility and other services, including, but not limited to, sewage
and waste disposal, cable television, water supply and storm drainage, will be provided,
and the entity providing them. The services and the lot rental amount or user fees
charged by the manufactured home community owner for the services provided by the
manufactured home community owner shall also be disclosed.
(2) An explanation of the manner in which the manufactured home space rental amount will
be increased, including, but not limited to, notification to the manufactured home
lessee at least 60 days in advance of the increase.
(3) Disclosure of any factors that may affect the lot rental amount, including, but not
limited to these factors:
(i) Water rates.
(ii) Sewer rates.
(iii) Waste disposal rates.
(iv) Maintenance costs, including costs of deferred maintenance.
(v) Management costs.
(vi) Property taxes.
(vii) Major repairs or improvements.
(viii) Any other fees, costs, assessments or service charges that the manufactured home lessee
is required to pay or that the manufactured home owner or operator intends to charge
during the terms of the lease or rental agreement.
(4) Disclosure of the manner in which the pass-through charges will be assessed.
(5) A report of the utility fees charged for the manufactured home space paid to the community
owner by a prior lessee during the previous 12 months.
(6) Disclosure of all service charges currently charged for services offered which the
manufactured home lessee may elect to incur and the manner in which the fees will
be increased.
(7) Any manufactured home community rules and regulations that have been established and
an explanation of the manner in which the rules and regulations will be set, changed
or promulgated.
(8) The rent history of the manufactured home space for the three full calendar years
immediately preceding the prospective initial rental agreement date. This information
shall be for basic manufactured home space rental only and does not apply to other
fees such as late charges and guest fees. Additionally, the calculation of rent history
shall be posted in the public portion of the manufactured home community's rental
office or other conspicuous and readily accessible place and in the same place as
any rules and regulations that have been established for the manufactured home community
are posted.
(9) Citations or other documents from Federal, State or local governmental agencies which
require the manufactured home community owner to take corrective action, including
citations from the Department of Environmental Protection regarding water and sewage.
Such information shall also be posted within the community in the same place as manufactured
home community rules and regulations are displayed until the corrective action has
been completed.
(6 amended Oct. 19, 2010, P.L.546, No.80)
Compiler's Note: Section 5 of Act 80 of 2010, which amended section 6, provided that Act 80 shall apply
to:
(1) New sales and leases of manufactured home community spaces entered into after the
effective date of section 5.
(2) Extensions and renewals of leases of manufactured home community spaces entered into
after effective date of section 5.