From: Donna Matthews
40815 Laredo Trail
Cherry Valley, CA 92223
To: GSMOL Board of Directors
6101Ball Road, Suite 202
Cypress, CA 90630
RE: Mobilehome Law Enforcement.
Dear President and Members:
For over 25 years I served in some official capacity as an advocate for GSMOL, trying to help members protect their home investments, seeing that the mobilehome laws were enforced by the governmental enforcement agencies.
What did I run across? Being sent to a different department or agencies, received nice letters but no help, had lawsuits and hearing where statements were made and not documented as the truth, by the officials, mobilehome laws never considered, wrong decisions made, told to see a lawyer (knowing that a mobilehome home owner did not have the finances to go to court), or was just ignored.
The mobilehome laws are there, the enforcement agencies officers take an oath of office to do their statutory duty to see that they are enforced, it is not the homeowner’s responsibility to see they are enforced. So I decided to take a different approach.
As GSMOL has given me legal support in the past, I wanted to let you know that I am using my California Constitution right to petition government for redress of grievances, Article I, Sec.3. I have petitioned: the Director of the Department of Housing and Community Development (HCD), as it is; unlawful for anyone to do any of the following things unless he or she has a valid permit, #18500. I was installed without the proper grading permit or installation permit, causing years of living in unhealthy standing water problems, and no penalties were given or the permit to operate revoked. I petitioned the Executive officer of the Public Utilities Commission, C.C. Article III Sec.3.5 An Administrative agency has no power to declare a statute unenforceable. My water fee contract was broken, and I was charged a monthly service charge, that increased over the years, when the law called for water to be provided, and the fee was $15.00 a month. I petitioned the Executive officer of the Appellate Division, the California, because the Court of Appeal confirmed the fundamental concept that, an illegal act cannot be enforced by law. I lost my home investment over a $73,80 weekly trash bill from a company that never picked up any of my trash, and the law required trash bins be provided. ( After, I sued the trash company and was refunded the money I had to pay for trash pick-up during the trial)
I believe my documents show that these governmental officials have not faithfully done their statutory duty enforcing the mobilehome laws pertaining to their oaths of office, causing senior abuse. That, felony false park statements were accepted without agency verification, therefore bad decisions were given. My hope is that by petitioning, and the facts are known, that in the future it might help other mobilehome owners. As I have stated many times over the years, the law are there enforcement is what is needed.
If I only knew then what I know now, I maybe could have been more help to members. Over the years all we heard were problems with leases, long term leases, month to month leases, GSMOL members had to sign leases, etc. When mobilehome owners are not under leases, they have a park tenancy under a rental agreement, MRL 798,9. The rental agreement establishes the terms and conditions of tenancy, MRL 798.8 (and a lease is a rental agreement). The terms and conditions of tenancy are the standards and requirements required to be provided and maintained for the park owner’s Permit to Operate ( and cannot change without obtaining a valid permit and revoked if violated). Or can a rental agreement contain a provision by which the homeowner waives his or her rights, under any of these MH laws. Any such waiver shall be deemed contrary to public policy and void, MRL 798.19, and tenancy has no expiration date, a tenancy shall be terminated by management for only one or more of the 5 reasons.
It is the park owner who decided what he would provide and maintain for his rental mobilehome park permit and annual renewal, and he who set the rent to cover his expenses. And the operating park expense inflation figure is 46% in the annual CPI figures. The homeowners contract to place their investment in the park and receive the required written rental agreement MRL 798.15, with all provisions of tenancy.(h). Contract Law (1) [4} (b) Uniform Commercial Code. A “contract” is the total legal obligation resulting from that agreement. I believe any fees not listed in the rental agreement might be considered unconscionable.
The homeowner’s home investments more that triple the fair market value of the park owners investment, so the Legislators enacted H&S Code #18250 Conditions and Rights of Residents, and #18251 Standards and requirements, that protect the homeowners investments. Therefore, I believe, if the governmental agency officers were doing their statutory duty and enforcing all the mobilehome laws there would be no problems with mobilehome parks being a good deal for California’s low and moderate housing.
The laws are there, lets see that they are enforced.