The Mobilehome Parks Act and Title 25

Learn what the Mobilehome Parks Act and Title 25 contain in the following course of study. Become a Title 25 Master.

Manufactured home owners who live in leased-space parks take on a dual role as home owner and park tenant. They rely upon private individuals or corporations that own most parks to build and maintain park facilities. Park owners deliver services in parks essential to a living environment including utility services, street maintenance, and general park upkeep.

The Mobilehome Parks Act, first adopted in 1967, mandates that park owners provide healthy and safe living environments. The Act addresses the design, construction, occupation, use, and maintenance of manufactured home parks. Its sets physical standards for parks and manufactured home spaces.

The California Department of Housing and Community Development (HCD) enforces the provisions of the Mobilehome Parks Act. HCD adopted regulations to implement the ACT. These regulations are recorded as Title 25 of the California Code of Regulations.

Begining in 1976, the U.S. Government adopts manufactured housing construction standards. The standards serve as building codes for manufactured homes. The Federal Department of Housing and Urban Development (HUD) approves state administrative agencies (SAA) that implement the federal law. HCD is the SAA for California.

Responsible Agencies

Can local governments adopt building regulations for manufactured home park construction? Yes/No/Maybe

The correct answer is no. While local governments generally regulate the development of land and building construction, the California legislature decided that manufactured home parks should come under state jurisdiction. The Mobilehome Parks Act sets physical standards for parks and manufactured home spaces. The California Department of Housing and Community Development (HCD) enforces the Act.

Does HCD issue operating permits for manufactured home parks? Yes/No/Maybe.

The correct answer is yes. HCD in fact issues permits to:

• Construct or modify a park;
• Build or alter park buildings;
• Create or change manufactured home spaces;
• Install a manufactured home on a space;
• Modify manufactured homes; and
• Operate a park.

Can cities or counties enforce state manufactured home regulations? Yes/No/Maybe

The correct answer is maybe. HCD may delegate enforcement duties to cities or counties.  Local governments must promise that qualified personnel will enforce State laws and codes among other requirements. HCD certifies local governments that conduct the building codes program. Local parks are notified when inspection responsibility is transferred to a local government.

Can cities and counties adopt zoning regulations for manufactured home parks? Yes/No/Maybe.

The correct answer is Yes. While the Mobilehome Parks Act preempts certain local government regulations, it allows cities and counties to adopt some ordinances or local laws that apply to manufactured homes. Jurisdictions can adopt zoning ordinances that assign manufactured home parks to specific zones or require special use permits. Cities and counties can adopt regulations that apply to the exterior of parks such as perimeter walls, street frontage, signs, access, and vehicle parking. When parks require that utility facilities be located outside parks, cities and counties can regulate the construction of such installations. Local governments can require permits for installation of manufactured homes and accessory structures on individual lots outside of parks.

“Mobilehome Parks and Installations.”  Title 25, Article 2, of the Code of Regulations. Section 1004.
“Mobilehome Parks Act.” Division 13, Part 2.1. of the Health and Safety Code. Section 18300
Copyright - Carl Eric Leivo, Ph.D.
Images courtesy of Stuart Miles and stockimages at freedigitalphotos.com

HCD Inspections

How does HCD operate its inspection program? 

HCD inspectors work from their homes and cover several counties. Inspectors receive reports of those that filed permit applications in the northern California or Southern California HCD office. Contractors generally call for inspections. If HCD personnel do not receive inspection calls, permit forms sit in files. Contractors call for inspections for roughly half of all permit applications


Does HCD regularly inspect manufactured home parks?

HCD and local agencies conduct a park maintenance inspection program. The objective was to inspect all parks at least once every several years. Funds were not sufficient and the program focused on inspecting parks with reported problems. It became a squeaky wheel program. With limited resources, HCD seldom pursues violation repairs.

What if a homeowner refuses to correct health and safety violations on their space?

Under the Mobilehome Residency Law, park managers have legal tools to push home owners to fix health and safety violations on spaces. HCD inspections can be used as evidence to support park manager actions.

What teeth does HCD have to help enforce Title 25?

Park operators must accept responsibility for general health and safety violations in parks. HCD’s most effective tool is pulling a park’s permit to operate until the owner fixes a violation. If a park owner does not have an annual operating permit, they cannot collect space rents.

Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of alexisdc at freedigitalphotos.net.

Park Permits

Individuals that want to create, enlarge, or alter manufactured home parks must obtain permits from the Department of Housing and Community Development (HCD) or local enforcement agencies. Permit applications should be filed for construction projects in parks. Some park projects may require that owners certify compliance with the California Environmental Quality Act.

Prior to submitting applications, park developers must obtain approvals from various agencies. For example, the California Coastal Commission considers park owner proposals to sell spaces to residents. Permit applications may require written sign-offs from the local planning agency, health department, fire department, public works department, and other public agencies. Park owners may need to contact the local agency responsible for flood control. Utility companies may need to approve construction projects. State and federal agencies should be consulted.

Park owners must obtain annual permits from HCD to operate manufactured home parks. Park operators may not collect space rents unless they obtain an annual operating permit. HCD collects annual permit fees of $140 plus $7 per space and a state fee that increases in steps according to the number of spaces in the park. HCD also charges park owners an annual maintenance program fee of $4 per space (see Park Maintenance Inspection Program).

"Mobilehome Parks and Installations." Title 25, Article 2, Sections 1006.5, 1008, 1020.6, and 1032.
Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of franky242 at freedigitalphotos.net.

Manufactured Home Permits

Must contractors obtain a permit before installed a manufactured home? Yes/No/Maybe

The correct answer is yes. Contractors must obtain permits from the Department of Housing and Community Development (HCD) or local enforcement agencies to install manufactured homes on spaces in parks. Park managers must approve installation of manufactured homes. Permit applications include proof of home ownership, plot plans, lot lines, setbacks, utility connections, foundation system plans, installation instructions from the manufacturer, and permit fees. Installers should explain how homes will be installed on piers and footings or permanent foundations.

Do home owners need to obtain park management approval before they obtain a construction permit? Yes/No/Maybe

The correct answer is maybe. Manufactured home owners must obtain permits from HCD or local enforcement agencies for many construction projects. In some cases agency personnel also review project plans. (see Figure) Home owners may need approval from park managers to obtain permits. Projects that need management approval include work on utility service lines and connections and projects that might disturb utility lines. Permits for accessory structures need park management approval. Enforcement agencies require management sign-offs for grading and fill permits.

Do home owners need to obtain a permit for a minor repair in their home? Yes/No/Maybe

The correct answer is no. Types of home owner projects that typically do not require permits include:

• Minor maintenance and repair;
• Replacement of existing utility meters;
• Reinstalling portable gear;
• Installation of a storage cabinet on a lot;
• Constructing a stairway with a landing no greater than twelve square feet;
• Mounting window or door awnings;
• Installing removable insect screening;
• Constructing a retaining wall of less than four feet in height;
• Building a patio; and
• Installing fences not over six feet high.

Do home owners obtain permit applications from their park manager? Yes/No/Maybe.

The correct answer is no. Home owners may obtain information about permit requirements from the HCD Northern Field Operations office (phone number: 916-255-2501) or Southern Field Operations office (phone number: 951-782-4420). Individuals can download the permit application (form 415) on the HCD website at www.hcd.ca.gov. Generally, contractors apply for HCD permits. HCD or local governments charge permit, plan check, and inspection fees. The amount of these fees varies depending upon the type of repair or replacement project. HCD or enforcement agency personnel calculate permit fees based upon the information submitted in permit applications.

“Mobilehome Parks and Installations.” Title 25, Article 2, Sections 1018, 1020,

and 1032.

Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of Stuart Miles at freedigitalphotos.net.

Park Maintenance Inspection Program

The Legislature included a park maintenance inspection program in the Mobilehome Parks Act. The Act includes the goal of inspecting at least five percent of parks each year. HCD or local enforcement agencies conduct the inspections. Park operators pay an annual four dollar fee per space to HCD or enforcement agencies to pay for the program. Managers may bill half the fee to residents on their next monthly bill. The program continues in effect until January 1, 2019.

California Senate and Assembly committees held hearings on the program in 2006. Roughly ninety counties and cities contracted with HCD and handled inspections within their communities. From 1991 to 1999, HCD and local government contractors conducted one full inspection of every manufactured home park in California. Inspectors checked park facilities and the exteriors of manufactured homes. Since that period, HCD and local agencies reported that the four dollar fee did not provide enough funding for inspections of all parks. Inspectors focused on parks with major health and safety problems.

Inspectors logged both park and manufactured home code violations. They issued tens of thousands of citations. The types of violations in parks and homes varied considerably (see Figure 1 and Figure 2).

Figure 1, Most Common Park Violations as a Percent of 39,000 Total Park Owner Violations, 2006

Figure 2, Most Common Manufactured Home Violations as a Percent of 45,000 Total Resident Violations, 2006.

At least thirty days prior to inspection visits, inspectors notify residents and the park operators. HCD or local agencies may hold public education meetings. Inspectors may allow representatives of residents and park operators to escort them on their park tours.

HCD convenes an inspection program task force every six months. The task force includes representatives of manufactured home owners, park operators, government inspectors, and legislative representatives. Members of the task force make recommendations regarding program fees, the number of inspections, the numbers and types of violations, the law, and administrative changes.

"Mobilehome Parks Act." Section 18400.1, 18400.3 and 18502
 Dunn, Joseph L. Senator, Assembly Member Gene Mullin, and Assemblywoman Sally J. Lieber. January 25, 2006. “Mobilehome Park Maintenance Inspection Program – Extend or Die."
Copyright - Carl Eric Leivo Ph.D.
Image courtesy of pupunkkop at freedigitalphotos.net. 

Violations of the Act

What would be considered a violation of the Mobilehome Parks Act?

The Legislature identifies various hazards as violations of the Act. Structures that endanger life, limb, health, property, safety, or the welfare of park residents or the public are considered hazards. Such hazards may be found within parks, permanent buildings in parks, manufactured homes, accessory structures, and building components. Park owners and manufactured home owners may be cited for violating the Act.

Who determines if there is a violation?

Department of Housing and Community Development (HCD) or local enforcement agency inspectors may conclude that permanent buildings, manufactured homes, and accessory structures amount to violations of the Act. 

What would be a hazard within a manufactured home?

Inspectors may encounter health, structural, electrical, plumbing, mechanical, and other factors that create hazards. Health hazards include:

• Faulty toilets, sinks, bathtubs, or showers;
• Absence of working kitchens;
• Lack of hot and cold running water;
• Dampness in rooms;
• Insect, vermin, or rodent infestations;
• General disrepair;
• No connection to a sewage disposal system; and
• Inadequate garbage storage and removal.

What structural problems could be considered a health and safety hazard?

Structural hazards include poor foundations and damaged flooring. Walls that split, lean, or buckle and roofs that sag and split signal hazardous structures. The lack of minimum natural light and ventilation creates another hazard. Electrical hazards include wiring that has not been maintained in a safe condition. Unsafe plumbing may have cross-connections and siphon fluid between sanitary drainage and potable water systems. Faulty mechanical equipment include heaters that may cause fires and explosions. Failed roofs, walls, windows, foundations, and floors may not protect households from the weather. The buildup of weeds, garbage, offal, rat haunts, stagnant water, flammable materials, and similar matter can constitute fire, health or safety hazards.

"Mobilehome Parks and Installations." Title 25, Article 10, Sections 1600, 1605, 1606, and 1608.

Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of the photoholic at freedigitalphotos.net