Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 Jeff Matthews-- Here is the operative law Mobile Residency LawCalifornia Civil Code Div. 2 Part 2Chapter 2.5Section 799.11799.11 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED 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, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled. (Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009) Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 Believe you me, as a lawyer, I can assure you we lawyers hear, "I need a free lawyer" a heck of a lot more than you will ever hear, "I need a free welder." Further to this point, does your trade have an organized body which requires you to report how much of your time you give away? Ours does. Does yours regularly consider passing rules to make you work a certain amount for free? Ours does. So far, it hasn't happened. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 But, there is more. The lease agreement says that no construction of any kind is permitted "without written approval of the management in advance." So, I submitted the construction form as required, and they won't approve it. Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 Jeff Matthews-- Here is the operative law Mobile Residency Law California Civil Code Div. 2 Part 2 Chapter 2.5 Section 799.11 799.11 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED 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, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled. (Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009) I was right. As suspected, the landlord's permission is not necessary... unless you failed to post some other part of the law which requires it. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 Jeff Matthews-- Here is the operative law Mobile Residency Law California Civil Code Div. 2 Part 2 Chapter 2.5 Section 799.11 799.11 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED 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, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled. (Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009) I was right. As suspected, the landlord's permission is not necessary... unless you failed to post some other part of the law which requires it. Did you see my comment about the lease agreement? Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 (edited) But, there is more. The lease agreement says that no construction of any kind is permitted "without written approval of the management in advance." So, I submitted the construction form as required, and they won't approve it. I see. This is my take, and I would be willing to wager I am right: The landowner, by law, cannot deny the accommodations in issue. The accommodations need only comply with the code and be permitted, it a permit is required for such types of things. Therefore, no provision in a lease can alter this rule. Therefore, you cannot be held in breach of your lease for constructing accommodations which the law says the landlord cannot prohibit. This is my take. Proceed at your own risk or get additional opinions if you want. Edited August 24, 2015 by Jeff Matthews 4 Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 (edited) How would I know which supercedes? My lease agreement requiring permission, or the law as stated? Ok answered already... Edited August 24, 2015 by jo56steph74 Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 But, there is more. The lease agreement says that no construction of any kind is permitted "without written approval of the management in advance." So, I submitted the construction form as required, and they won't approve it. I see. This is my take, and I would be willing to wager I am right: The landowner, by law, cannot deny the accommodations in issue. The accommodations need only comply with the code and be permitted, it a permit is required for such types of things. Therefore, no provision in a lease can alter this rule. Therefore, you cannot be held in breach of your lease for constructing accommodations which the law says the landlord cannot prohibit. This is my take. Proceed at your own risk or get additional opinions if you want. Well, that's certainly a hopeful opinion AFAIC. The risks are that the guys gets some sort of order for me to tear down my $2000 ramp, at which time I am forced into the "get a lawyer and spend $10K mode." I wanted to avoid that risk. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 What bothered me is there I could find no law enforcement agency which could simply tell this guy he MUST comply. Everything is on the bet. the risk never goes away for the guy with no lawyer. See? Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 BTW - - you just gave away some expensive free lawyer advice! LOL! 2 Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 How would I know which supercedes? My lease agreement requiring permission, or the law as stated? Let's break it down. If a provision allows a landlord discretion to give approval, then, it is permissive. Usually, there is some kind of standard associated with it, such as: Landlord's discretion shall be absolute. Landlord's permission shall not be unreasonably withheld. Landlord shall exercise its discretion in good faith. Things like that. In each of those cases, there is discretion. That's why you have to ask. Here, on the other hand, there is no discretion. Right? The landlord cannot deny. That's what the law says. If the landlord does not have discretion, then, there is no reason to seek permission. LL: Your Honor, Tenant breached the lease by failing to get my permission to build the ramp. Tenant: His permission was not needed. The law says he cannot prohibit me from building the ramp. Judge: LL, do you agree that's what the law says? LL: It does. Judge: Then, what's the point of getting your permission? What would it change? You'd have to give it, wouldn't you? 2 Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 BTW - - you just gave away some expensive free lawyer advice! LOL! It happens more than you think... 2 Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 What bothered me is there I could find no law enforcement agency which could simply tell this guy he MUST comply. Everything is on the bet. the risk never goes away for the guy with no lawyer. See? Yes, this happens all the time. You do take your chances. Moreover, as a Tenant, you must realize you have limited rights. He does not have to renew the lease upon expiration. If you pi$$ him off, then, ultimately, he can make you go. In addition, you must construct the accommodations in compliance with any codes and permitting requirements. If you don't, you are in breach. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 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. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 In addition, you must construct the accommodations in compliance with any codes and permitting requirements. If you don't, you are in breach. I already have the city building inspector coming tomorrow to explain the permits to me. Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 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. 1 Quote Link to comment Share on other sites More sharing options...
BigStewMan Posted August 24, 2015 Share Posted August 24, 2015 (edited) Seems to me, like you state that others have said, you are in the right. A quick look at the Fair Housing Act shows: Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices …..For purposes of this subsection, discrimination includes-- (4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)©(iii). (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. B. a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 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. Most Counties should have a Fair Housing Council…I would suggest talking to them, they may be able to recommend resources. Keep us posted, i’m interested in how this works out. Best Wishes. Steve Edited August 24, 2015 by BigStewMan Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 Ideally..... I imagined in my mind's eye that the "Mobile Residency Law" had some enforcement agency behind it, and one simply pointed to the infraction, and the enforcing agency wrote a nasty to the owner, and all was good. I think many people assume laws work that way. But millions of laws have no direct enforcement. Everyone here in my area would say to me stuff like, "Just call the city!" or "Just tell the state office of corporations!" stuff like that. Everyone assumes there is a path of agency enforcement. Quote Link to comment Share on other sites More sharing options...
Jim Naseum Posted August 24, 2015 Author Share Posted August 24, 2015 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). Quote Link to comment Share on other sites More sharing options...
Jeff Matthews Posted August 24, 2015 Share Posted August 24, 2015 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. Quote Link to comment Share on other sites More sharing options...
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