Legal Question in Real Estate Law in California
I'm in California. Is is legal for a manufactured home park owner to charge less rent to buyers that purchase only the parks' properties - while buyers purchasing homes from homeowners in the park would have increased space rent, beyond what the homeowner pays..?
This is inhibiting the sale of my home. Buyers want the low rent. They can't get it if they buy my place...
Thank you for any information you can provide.
1 Answer from Attorneys
This is actually a more complex question than it might appear on the surface. Park owners, absent rent control, are entitled to charge rent at levels they deem appropriate. That being said, there has been some litigation in the past about park-owned manufactured home dealerships trying to exclude other realtors and dealers from selling in their parks. It did not specifically involve this issue - preferential rents to certain buyers - but I think an argument could be made that doing so is pushing others out. The problem I see with this is if the homes the park owner is selling are homes he/she owns, and not homes that he or she has listed through a dealership they own. In that case, they can probably argue that they are just providing an incentive, and if you wanted to, you could discount your home by some amount and subsidize the buyers rent. I don't believe that there is any case law that is directly on point with this question. You might contact the Ombudsman at Housing and Community Development to get their input. The notice should be posted in the park office with the Ombudman's office phone number, or you can look on HCD's website www.hcd.ca.gov.
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