Mobilehome Up For Sale Protected By Rent Control, Even If Not Principal Residence.

Damages awarded against a mobilehome park were measured by the difference between the rent charged and the rent permitted by a city ordinance.  Civil Code §798.21 provides that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner.  One homeowner, whose mobilehome was not her principal residence, was given notice her rent would be raised from $610 to $910 per month.  The homeowner promptly placed her mobilehome on the market, paid the increased rent under protest and brought this action.  The trial court ordered the park to pay damages measured by the difference between the controlled rent and the amount paid.  Because a person who has their mobilehome for sale is exempt under §798.21, the Court of Appeal affirmed the damages award.  Freeman v. Vista de Santa Barbara Associates (Cal. App. Second Dist., Div. 6; July 10, 2012) 207 Cal.App.4th 791.