MRL Article 4 - Utilities
798.40 UTILITY SERVICE BILLING; RATE SCHEDULE
(a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for eachbilling period the cost of the charges for the period shall be separately stated along with the opening and closingreadings for his or her meter. The management shall post, in a conspicuous place, the specific current residentialutility rate schedule as published by the serving utility or the Internet Web site address of the specific currentresidential utility rate schedule. If the management elects to post the Internet Web site address where the schedulemay be accessed, the management shall also: (1) provide a copy of the specific current residential utility rateschedule, upon request, at no cost; and (2) state in the posting that a homeowner may request a copy of the rateschedule from management.
(b) If a third-party billing agent or company prepares utility billing for the park, the management shall disclose on eachresident's billing, the name, address, and telephone number of the billing agent or company.
(Amended by Stats. 2013, Chap. 201 (SB 196, Cannella), eff. 1/1/2014)
798.41 UTILITIES SEPARATELY BILLED - REDUCED FROM RENT
(a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provideotherwise, the park management may elect to bill a homeowner separately for utility service fees and chargesassessed by the utility for services provided to or for spaces in the park. Any separately billed utility fees and chargesshall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not bedeemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted orenforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenantfor rent, provided that at the time of the initial separate billing of any utility fees and charges the rent chargeableunder the rental agreement or the base rent chargeable under the terms of a local rent control provision issimultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reductionshall be equal to the average amount charged to the park management for that utility service for that space duringthe 12 months immediately preceding notice of the commencement of the separate billing for that utility service.
Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television,garbage or refuse service, and sewer service.
(b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed onor after that date.
(c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees andcharges specified in subdivision (a).
(d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billingto the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expirationdate shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge isbilled to the homeowner.
(Amended by Stats. 1992, Chap. 338 (SB 1365, Leslie), eff. 1/1/1993)
798.42 NOTICE OF UTILITY INTERRUPTION
The management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least72 hours’ written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, orreplacement of facilities of utility systems over which the management has control within the park, provided that theinterruption is not due to an emergency. The management shall be liable only for actual damages sustained by ahomeowner or resident for violation of this section.
“Emergency,” for purposes of this section, means the interruption of utility service resulting from an accident or act ofnature, or cessation of service caused by other than the management’s regular or planned maintenance, repair, orreplacement of utility facilities.
(Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010)
798.43 DISCLOSURE OF COMMON AREA UTILITY CHARGES
(a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electricutility service, management shall disclose to the homeowner any condition by which a gas, water, or electric meter onthe homeowner’s site measures gas, water, or electric service for common area facilities or equipment, includinglighting, provided that management has knowledge of the condition.
Management shall disclose this information prior to the inception of the tenancy or upon discovery and shallcomplete either of the following:
(1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner’s meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991.
(2) Discontinue using the meter on the homeowner’s site for the utility service to the common area facilities and equipment.
(b) On or after January 1, 1994, if the electric meter on the homeowner’s site measures electricity for lighting mandatedby Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner’s site,management shall be required to comply with subdivision (a).
(Amended by Stats. 1993, Chap. 147 (AB 1140, Epple), eff. 1/1/1994)
798.43.1 CALIFORNIA ALTERNATE RATES FOR ENERGY PROGRAM (CARE)
(a) The management of a master-meter park shall give written notice to homeowners and residents on or beforeFebruary 1 of each year in their utility billing statements about assistance to low-income persons for utility costsavailable under the California Alternate Rates for Energy (CARE) program, established pursuant to Section 739.1 of thePublic Utilities Code. The notice shall include CARE information available to master-meter customers from theirserving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills forqualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE informationand applications. The park shall also post the notice in a conspicuous place in the clubhouse, or if there is noclubhouse, in a conspicuous public place in the park.
(b) The management of a master-meter park may accept and help process CARE program applications from homeownersand residents in the park, fill in the necessary account or other park information required by the serving utility toprocess the applications, and send the applications to the serving utility. The management shall not deny ahomeowner or resident who chooses to submit a CARE application to the utility himself or herself any parkinformation, including a utility account number, the serving utility requires to process a homeowner or resident CAREprogram application.
(c) The management of a master-meter park shall pass through the full amount of the CARE program discount in monthlyutility billings to homeowners and residents who have qualified for the CARE rate schedule, as defined in the servingutility’s applicable rate schedule. The management shall notice the discount on the billing statement of anyhomeowner or resident who has qualified for the CARE rate schedule as either the itemized amount of the discount ora notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gasbill, or both the electric and gas bills.
(d) ‘‘Master-meter park’’ as used in this section means ‘‘master-meter customer’’ as used in Section 739.5 of the PublicUtilities Code.
(Amended by Stats. 2001, Chap. 437 (SB 920, Dunn), eff. 1/1/2002)
798.44 LIQUEFIED PETROLEUM GAS SALES
(a) The management of a park that does not permit mobilehome owners or park residents to purchase liquefiedpetroleum gas for use in the mobilehome park from someone other than the mobilehome park management shall notsell liquefied petroleum gas to mobilehome owners and residents within the park at a cost which exceeds 110 percentof the actual price paid by the management of the park for liquefied petroleum gas.
(b) The management of a park shall post in a visible location the actual price paid by management for liquefied petroleumgas sold pursuant to subdivision (a).
(c) This section shall apply only to mobilehome parks regulated under the Mobilehome Residency Law. This section shallnot apply to recreational vehicle parks, as defined in Section 18215 of the Health and Safety Code, which exclusivelyserve recreational vehicles, as defined in Section 18010 of the Health and Safety Code.
(d) Nothing in this section is intended to abrogate any rights a mobilehome park owner may have under Section 798.31 ofthe Civil Code.
(e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall applyto a mobilehome park where requirements of federal, state, or local law or regulation, including, but not limited to,requirements for setbacks between mobilehomes, prohibit homeowners or residents from installing their ownliquefied petroleum gas supply tanks, notwithstanding that the management of the mobilehome park permitsmobilehome owners and park residents to buy their own liquefied petroleum gas.
(Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010)