Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984) (5c)
Parent Document: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction: California (state)
Effective Date: 1984-11-15
Original Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ ↗

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(5c) In contrast to the broad concern with equality of treatment expressed in the Unruh Civil Rights Act and its case law application, the Mobilehome Parks Act and the Mobilehome Residency Law were enacted in the late 1970's in order to deal with the specific and critical problem of housing in California. These statutory provisions represented a legislative effort to develop a statewide housing plan to accommodate an expected population in California of 24.4 million people by 1985 and to address the critical shortage of shelter faced by Californians when these statutes were enacted. (Note, Marina Point, Ltd. v. Wolfson: A Victory For Children In *19 Rental Housing Implications For Further Expansion Of The Unruh Civil Rights Act (1983) 13 Golden Gate L.Rev. 697, 699-701.) As part of its comprehensive plan, the Legislature centralized in state government the power to regulate and enforce standards in the development and operation of mobilehome parks by enacting the Mobilehome Parks Act. (Health & Saf. Code, §§ 18200-18700; see Gregory v. City of San Juan Capistrano, supra, 142 Cal. App.3d 72, 85.) Furthermore, the Legislature attempted to encourage, by making mobilehomes subject to the real property tax, the establishment of mobilehome parks through the issuance of use permits by local government. (Analysis of Assembly Bill No. 2915 by Assembly Committee on Housing and Community Development, p. 1.) In addition, as we noted in part I, that body sought to enhance the availability of financing for the purchase of mobilehomes. Finally, with the enactment of the Mobilehome Residency Law, the Legislature evidenced its fundamental purpose to enhance the security and stability of mobilehome tenants. To accomplish this goal the law substantially restricted the landlord's right to evict a mobilehome-park tenant. (See fns. 10 and 12, ante, and accompanying text; Gregory v. City of San Juan Capistrano, supra, at pp. 81-82.) As the Court of Appeal observed, the Mobilehome Residency Law was enacted "to make it very clear that mobile home tenancies are different from the ordinary tenancy and that landlord-tenant relations involving mobile homes are to be treated differently...." (Palmer v. Agee, supra, 87 Cal. App.3d at p. 384.) Indeed, except for the ban on discrimination contained in Civil Code section 798.20,[24] which prohibits racial, religious, sex, national origin, ancestral or marital status discrimination where membership in a private club or organization is a condition for tenancy in a mobilehome park, neither the Mobilehome Residency Law nor the Mobilehome Parks Act contains any provision designed to protect the personal right to equality of access to shelter which, as we have previously observed, is a subject governed by the Unruh Civil Rights Act.

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