SECTIONS 798.45-798.49 - California Statutes

CIVIL CODE

SECTION 798.45-798.49

798.45. Notwithstanding Section 798.17, "new construction" as
defined in Section 798.7, shall be exempt from any ordinance, rule,
regulation, or initiative measure adopted by any city, county, or
city and county, which establishes a maximum amount that a landlord
may charge a tenant for rent.

798.49. (a) Except as provided in subdivision (d), the local agency
of any city, including a charter city, county, or city and county,
which administers an ordinance, rule, regulation, or initiative
measure that establishes a maximum amount that management may charge
a tenant for rent shall permit the management to separately charge a
homeowner for any of the following:
(1) The amount of any fee, assessment or other charge first
imposed by a city, including a charter city, a county, a city and
county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
(2) The amount of any increase on or after January 1, 1995, in an
existing fee, assessment or other charge imposed by any governmental
entity upon the space rented by the homeowner.
(3) The amount of any fee, assessment or other charge upon the
space first imposed or increased on or after January 1, 1993,
pursuant to any state or locally mandated program relating to housing
contained in the Health and Safety Code.
(b) If management has charged the homeowner for a fee, assessment,
or other charge specified in subdivision (a) that was increased or
first imposed on or after January 1, 1993, and the fee, assessment,
or other charge is decreased or eliminated thereafter, the charge to
the homeowner shall be decreased or eliminated accordingly.
(c) The amount of the fee, assessment or other charges authorized
by subdivision (a) shall be separately stated on any billing to the
homeowner. Any change in the amount of the fee, assessment, or other
charges that are separately billed pursuant to subdivision (a) shall
be considered when determining any rental adjustment under the local
ordinance.
(d) This section shall not apply to any of the following:
(1) Those fees, assessments, or charges imposed pursuant to the
Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of
Division 13 of the Health and Safety Code), unless specifically
authorized by Section 18502 of the Health and Safety Code.
(2) Those costs that are imposed on management by a court pursuant
to Section 798.42.
(3) Any fee or other exaction imposed upon management for the
specific purpose of defraying the cost of administration of any
ordinance, rule, regulation, or initiative measure that establishes a
maximum amount that management may charge a tenant for rent.
(4) Any tax imposed upon the property by a city, including a
charter city, county, or city and county.
(e) Those fees and charges specified in subdivision (a) shall be
separately stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated
on the initial notice and each subsequent billing to the homeowner
while the fee or charge is billed to the homeowner.