Utilities
Cal. CIV § 798.44.2
California Statutes
(
a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable. (b)
(1) Subject to paragraph (2), management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following: (
A) Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system. (
B) Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product. (
C) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system. (
D) Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems. (2) Paragraph (1) shall not apply if management establishes any of the following: (
A) The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law. (
B) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted. (
C) The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority. (
c) For purposes of this section, “cooling system” may include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law. (
d) The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section.