Calif. Civil Code §798.44.1 and §799.12
Effective date: January 1, 2025
Bill text: SB 1190
Why this matters: Mobilehome park owners have a captive clientele in the owners and tenants of mobilehomes in space within the park. This often results in rules triggering fees and rent adjustments for activities such as installing and using solar energy systems. This legislation prohibits interference, as laid out below.
Clear skies for individual solar in mobilehome parks
California’s legislature promotes solar energy by empowering owners and tenants of mobilehomes to freely install and use solar energy systems without any type of interference from the owner or manager of the mobilehome park. [Calif. Civil Code §798.44.1]
Provisions in rental or lease agreements with owners or tenants in a mobilehome park restricting a solar energy system within the mobilehome park are void – unenforceable. [CC §798.44.1(a)]
An owner or manager who improperly intervenes in a tenant or owner’s installation or maintenance of a solar energy system in their space is liable to the owner or tenant for actual money losses incurred and a civil penalty not to exceed $2,000. [CC §799.12(f)]
The prohibited conduct of a park owner or manager includes:
- charging additional fees
- requiring a specific contractor, system or product or
- claiming or receiving rebates, credits, or commissions in connection with a solar energy system [CC §798.44.1(b)]
However, the mobilehome parks may enforce reasonable restrictions on the installation and maintenance of solar energy systems when the restrictions:
- meet health and safety standards as required by local and state authorities and
- do not:
- significantly increase cost
- decrease performance, or
- prevent alternative systems [CC §798.44.1(c)]
As a limited exception, the restrictions do not apply to a master-meter park when the master-meter customer is the park owner or manager who bills occupants of spaces for utilities and passes through the cost at the same rate the master-meter customer is charged. [CC §798.44.1(e)]
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