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Civ. Code, § 798.44.2 · Article 4. Utilities

Civ. Code, § 798.44.2

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable.

(b) (1) Subject to paragraph (2), management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following:

(A) Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system.

(B) Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product.

(C) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system.

(D) Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems.

(2) Paragraph (1) shall not apply if management establishes any of the following:

(A) The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law.

(B) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted.

(C) The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority.

(c) For purposes of this section, “cooling system” may include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law.

(d) The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section.

Notes and commentary — not statutory text

History

Added by Stats. 2025, Ch. 343, Sec. 1. (AB 806) Effective January 1, 2026.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=798.44.2.
Text hash
sha256 6f31393a179a747688d98bbd21dae6797153714656d662b8a976027e7678d9a1
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.