Los Angeles Municipal Code Art. 5.7 Prohibition of Discrimination in Mobilehome Parks Against Owners Of…

BASED ON THE AGE OF THEIR MOBILEHOMES

(Art. 5.7, Chapter IV, Added by Ord, No. 158,897, Eff. 6/8/84.)

Section

The purpose of the article is to prohibit arbitrary discrimination against older mobilehomes.

The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in Section 12.03 of this Code, if defined therein.

A. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome does not include a recreational vehicle, as defined in Section 799.24 of the Civil Code or a commercial coach as defined in Section 18218 of the Health and Safety Code.

B. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or offered for rent, to accommodate mobilehomes used for human habitation.

C. Mobilehome Park Operator. The owner of a mobilehome park or an agent or representative authorized to act on the owners behalf in connection with matters relating to a tenancy in the park.

D. Services. Services connected with the use or occupancy of a mobilehome site including but not limited to, utilities, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, parking and any other benefits, privileges or facilities.

A mobilehome park operator shall not do or attempt to do any of the following:

A. Refuse to rent or lease a mobilehome site, refuse to negotiate for the rental or lease of a mobilehome site, evict from a mobilehome site or otherwise deny to or withhold a mobilehome site from any mobilehome owner on the basis of the age of the mobilehome.

B. Rent or lease a mobilehome site on less favorable terms, conditions or privileges, or discriminate in the provision of services to any mobilehome owner on the basis of the age of the mobilehome.

C. Represent to any mobilehome owner that a mobilehome site is not available for inspection, rental or lease when such mobilehome site is, in fact, available on the basis of the age of the mobilehome.

D. Make, print, publish, or cause to be made, printed, or published any notice, statement, sign advertisement, application, or contract with regard to a mobilehome site that indicates any preference, limitation, or discrimination with respect to the age of the mobilehome.

EXCEPTIONS:

(1) Notwithstanding the above prohibitions, in the event of the sale of a mobilehome in the park to a third party, and in order to upgrade the quality of the park, the mobilehome park operator may require the

removal of the mobilehome from the park where:

(a) The mobilehome is less than 10 feet wide.

(b) The mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more and the mobilehome does not comply with the health and

safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.

(c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15,1971, and is less than 20 feet wide and the mobilehome does not comply with the

construction and safety standards under Sections 18550,18552 and 18605 of the Health and Safety Code, and the regulations established thereunder.

(d) The mobilehome is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to

the public, exclusive of its age. The mobilehome park operator shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The mobilehome park operator shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.

(2) The mobilehome park operator may refuse to rent or lease a mobilehome site for a mobilehome entering the park after the effective date of this section if:

(a) The mobilehome is less than 10 feet wide.

(b) The mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971 and is 20 feet wide or more and the mobilehome does not comply with the health and safety standards provided in Sections 18550,18552 and 18605 of the Health and Safety Code, and the regulations established thereunder.

(c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15,1971, and is less than 20 feet wide and the mobilehome does not comply with the

construction and safety standards under Sections 18550,18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.

(d) The mobilehome is in a significantly rundown condition or is in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The mobilehome park operator shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The mobilehome park

operator shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.

A. Any mobilehome park operator who violates the provisions of this article shall be subject to injunctive relief and shall be liable for actual damages, if any, with regard to each and every such violation and such additional amount as may be determined by a jury, or the court sitting without a jury, up to three times the amount of actual damages or three times an amount equal to one month’s rent of the rental unit involved, whichever is greater, as well as reasonable attorneys’ fees and costs of litigation.

B. Notwithstanding Section 11.00(m) of this Code, violations of any of the provisions of this article shall not constitute a misdemeanor or infraction.