The Law is Mostly for the Rich, Right?

[BigStewMan]

Moving is a pain in the “you know what” but, that may be an option that you have to put on the table.

[Jim Naseum]

The person giving you all this hassle…is he the park manager?  He may be  jerk; but, i’ll bet the owners are more sensitive to cases of discrimination--which this is.

 

Both. Naturally, I worked with the mgr first. He proved useless and uncooperative, so I went direct to the owners and have only been dealing with the owners for the last 2 weeks. As an aside, Mr. Mgr. refused to give me the owner information and insisted it was not his duty to do so, even after I presented him with this in writing:

 

Mobile Residency Law
California Civil Code Div. 2 Part 2
Chapter 2.5
Section
798.28. Disclosure of mobilehome park owner The management of a mobilehome park shall disclose, in writing, the name, business address, and business telephone number of the mobilehome park owner upon the request of a homeowner. (Added by Ch. 505, Stats. of 1981, eff. 1/1/82) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 62, Stats. of 1991, eff. 1/1/92)  

 

After I gave a written request, and cited this law, he still refused. So, I went to the city and county public records and got the information. The owners then tried to tell me the managers weren't allowed to give out the info. I presented him with the same law citation, and he said, "Well, I'll give you the contacts." Which was already moot, because I had it all. 

 

Then, he waited a week, and sent me a letter saying he needed my mom's written authorization for me to speak to them on her behalf (ramp is for mom). I them furnished my durable power of attorney as agent for my mom. He then wrote and told me my mother would have to appear in the managers office so they could verify her disability. I called the office and asked if they were doctors, or licensed medical pros. Of course they said no. So, I informed the owner she would not be submitting her for their examination since they had no medical bona fides, but that I would provide doctors statement of her disability. And on and on it has gone. 

[Jim Naseum]

 

 

 

Understood. The bad news is that your discussion takes place in court, which means I'm out many thousands of dollars just to be right.

 

Not necessarily.  I can't speak for your state, but here in Texas, residential eviction proceedings are brought in the Justice of the Peace courts.  This is the equivalent of "Judge Judy."  The rules are relaxed, and technicalities are not used as much, since it is understood that many litigants will appear without counsel.  As long as you are willing to learn and do, you can usually do a fair job of handling this kind of stuff on your own.

 

You're a font of useful information Mr. Matthews! LOL - - -thanks (sincerely). 

 

 

You're welcome.  Just remember, as I said, LL doesn't have to renew the lease if he doesn't want to do so.  If you spend $2k to build a ramp and your lease is up for renewal in 2 months, that entire investment could go down the drain.  Also, when LL knows you sunk a lot of money into something, they can bump your rents on renewal.  You have an investment in it.  You can be put into the Catch-22 of leaving it all behind or paying a higher rent.

 

Lease is for 35 years. 

[BigStewMan]

pardon me if you already mentioned this; but, what is their objection?

[Jeff Matthews]

Why must mom (or you or any occupant, for that matter) have to be disabled?

 

The law you posted states:

 

"The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located..."

 

I did not see anything which said that this law applies only to residences with an occupant who is disabled.

 

For example, what if my disabled friend likes to come visit?  Does this law say I can build a ramp so he can get in?  You didn't post anything that said I could not.  However, it is possible that some other provision you did not cite requires an occupant to have a disability requiring the accommodation.

Edited August 24, 2015 by Jeff Matthews

[BigStewMan]

I make my disabled friends bring a doctor’s note before they visit me … just in case.

[Jim Naseum]

Why must mom (or you or any occupant, for that matter) have to be disabled?

 

The law you posted states:

 

"The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located..."

 

I did not see anything which said that this law applies only to residences with an occupant who is disabled.

 

For example, what if my disabled friend likes to come visit?  Does this law say I can build a ramp so he can get in?  You didn't post anything that said I could not.  However, it is possible that some other provision you did not cite requires an occupant to have a disability requiring the accommodation.

No. I have the entire Mobile Residency Law and there is no other requirements about disability.

[Jim Naseum]

Bigstew, they don't like the aesthetics of disability ramps.

[BigStewMan]

Bigstew, they don't like the aesthetics of disability ramps.

i would have a struggle liking these people.  i’m sure the disabled person would much rather be in perfect health and be able to use steps.

total apparent lack of compassion.

curious, if a disabled person falls entering their home because the landlord wouldn’t allow a ramp -- is there a valid lawsuit?  I’m guessing yes, since there is a law allowing for the ramp.

Edited August 24, 2015 by BigStewMan

[tigerwoodKhorns]

None of the following is legal advice and you should seek legal counsel licensed in your state.

 

 

There are tons of consumer protection statutes for mobile home parks.  A very highly regulated area of real property law.  The law is definately not written for the rich in this area.  You need to contact the correct adminstrative agency.

 

I googled California Mobile Home Law and found this:

 

http://www.hcd.ca.gov/codes/occupational-licensing/resources.html

 

You need to conact them. 

 

http://www.hcd.ca.gov/contact.html

 

Explain the statute that you posted and that the owner is not in complaince.  These agencies typically have a method whereby you can file a complaint, cause an investigation, etc. very easily by filling out a form. 

 

Just scrolled down and found this.  Here is the Mobile Home Ombudsman number for complaints (found on that page):

 

Mobilehome Ombudsman (Complaints)  

(916) 323-9801
or toll free (800) 952-5275

Edited August 24, 2015 by tigerwoodKhorns

[Jim Naseum]

Hey thanks. I asked our local MH advocate about the ombudsman office, and he said they wouldn't be much help, as stated here on their web site:

Quote

The Ombudsman does not have enforcement authority for the Mobilehome Residency Law, except for a few sections involving Manufactured Home dealers and salespersons. Requests for assistance alleging violations of Mobilehome Residency Law may be referred to the park operator for voluntary compliance. If there is no response from the park operator within 30 days, these complaints will be closed with no further action.

End

I am going to run the "Matthews interpretation" by the legal aid lawyer tomorrow. It sounds awfully good to me.

I appreciate all the suggestions here! Ams will follow up on them in more detail Monday.

[wvu80]

Why is it that people have expectations that attorneys will take cases pro bono?

 

I don't know about all lawyers everywhere, but where I'm from I think lawyers are encouraged to take so many cases per year pro bono to practice in front of the court as part of their "civil duty."  It might be the bar association promoting pro bono work, I'm not really sure.

 

I work a lot with kids who end up in court in front of the judge, so maybe it's a wrong perception on my part.  The lawyers I work with are private practice, but court appointed and are paid by the state.  I have that expectation that some lawyers do pro bono work because I see it in real life. 

 

I also see lawyers who are very caring compassionate people.  That doesn't always make headline news, either.

[joessportster]

Tell the owners / manager when if your mother is injured on the property you intend to take all there denials of building facilities to assist her with her disability to an attorney and sue them (a lawyer will take that case on contingency)

 

I would think this  should give the owners / mgmt room for pause...............Sad really you have to deal with A-holes like this,

[Mighty Favog]

Tell the owners / manager when if your mother is injured on the property you intend to take all there denials of building facilities to assist her with her disability to an attorney and sue them (a lawyer will take that case on contingency)

 

I would think this  should give the owners / mgmt room for pause...............Sad really you have to deal with A-holes like this,

 

...and call me when you need a court reporter to take down their depositions.

[Mallette]

Tell the owners / manager when if your mother is injured on the property you intend to take all there denials of building facilities to assist her with her disability to an attorney and sue them (a lawyer will take that case on contingency)

 

THAT'S THE TICKET!  Between that, the clarity of the law, and your 35 year lease looks to me like you are in the drivers seat. 

 

Dave

[JJkizak]

It could be the landlord needs an "attitude adjustment".

JJK

[Jim Naseum]

 

Tell the owners / manager when if your mother is injured on the property you intend to take all there denials of building facilities to assist her with her disability to an attorney and sue them (a lawyer will take that case on contingency)

 

THAT'S THE TICKET!  Between that, the clarity of the law, and your 35 year lease looks to me like you are in the drivers seat. 

 

Dave

 

 

I wish. Actually, the rant point I was making in the beginning was that only the rich, or let's say only the money, is ever in the driver's seat regarding law. It's a dang shame. I just got off the phone with the local lawyer at legal aid, and I ran the idea past him that the owner had no say according to a direct reading of the law. He didn't agree. He felt that "accommodate" might be a very broad term giving them, as he put it, "lots of ways to accommodate your need, including telling you where you can build the ramp." I pressed him for the black letter interpretation of the law (as I cited up above), and he wouldn't commit that it meant anything. His answer? "That's why there are 373,000 registered lawyers in California." In other words, without a lawyer, nothing means anything, and everything is subject to opinion. 

 

I went and talked with the City Building Code manager and he said we needed NO permits to build the ramp. 

[Max2]

_{Does he own the residence or are you just leasing the site?}

[Mallette]

I just got off the phone with the local lawyer at legal aid, and I ran the idea past him that the owner had no say according to a direct reading of the law. He didn't agree. He felt that "accommodate" might be a very broad term giving them, as he put it, "lots of ways to accommodate your need, including telling you where you can build the ramp."

 

Guy sounds useless.  You still have two of three on your side...and in spite of this guys being unwilling to help I rather doubt your landlord can or will do anything.  However, you've got to make the decision.  As "where you can put it" seems like in front of the door would be reasonable. 

 

Dave

[Jim Naseum]

_{Does he own the residence or are you just leasing the site?}

 

 

It's a standard mobile home park where you purchase the "mobile home" per se for cash from previous owner, but then lease the space it sits on. it's a large park with about 400 sites. The actual owners are absentee. They live 800 miles away in San Fran. I communicate with them via FAX, as none of them will take my phone calls.