Issue link: https://read.dmtmag.com/i/124916
COMMUNITY LAW Caregivers, Grandkids & Service Animals – The Truth Will Set You Free! BY JOHN PENTECOST A troubling case developed in a mobile home park in Watsonville, California, in which a granddaughter moved in with an elderly woman homeowner in a 55 + age community. It seemed like a kind gesture on the elderly woman's part. The granddaughter had had a rough youth and the woman could use the company. Shortly after she moved in, however, other residents began complaining about the granddaughter. One of the most serious complaints was that the granddaughter was using illegal substances and bringing gang members into the park. The grandmother seemed either unwilling or unable to restrain her granddaughter violating the park's rules. To make matters worse, the complaints only seemed to increase. Within a short time, the police forcibly arrested several individuals at the home. One man was arrested for drug possessions, parole violation and weapons violations after officers had to force their way into the grandmother's home. Another individual fled the park and led police on a wild car chase, which car chase resulted in the individual being arrested for possession of methamphetamines, heroin and identity theft materials. On still yet another occasion, the residents complained that the windows of the mobile home turned orange from the making of methamphetamines and that a small fire had broken out, burning the grandmother's carpet and furniture. These events, among others, caused residents to complain that they were living in constant fear of their safety. Initially, the complaining residents did not want to get involved – it was a park problem. However, this left the park with few options other than issue a Seven-Day Notice, which had no immediate MAY 2013 24 THE JOURNAL impact. Ultimately, the complaining residents were convinced to do the right thing and step forward to testify about the offending guest's conduct. This enabled the park management to issue a Sixty-Day Notice to Terminate the grandmother's tenancy in the park. (Unfortunately, a situation of "throwing the baby out with the bath water.") What had started out as a kind and loving gesture, led to the grandmother's eviction from the park, the loss of her mobile home and numerous safety problems for other residents in the park. Significantly, it has been our experience that this is not a standalone story and is becoming a serious trend. Whether it is out of a genuine need or genuine love, senior residents in 55+ communities have been allowing their "problem child" grandchildren to move in with them. Almost inevitably, these grandchildren cause disturbances in the communities, which often result in the eviction of the grandparents from the park. Should you see this trend appearing in your park, you need to begin concerted efforts to stop it, if appropriate. Sometimes, the offending grandchildren attempt to hide behind two "caregiver" provisions under the Mobile home Residency Law ("MRL"). In senior parks, Civil Code Sections 798.34 (c) and (d) allow a senior homeowner to share his or her mobile home with any person over 18 years of age if that person is providing caregiver services to the homeowner (798.34 (c)) or if the person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in support care, or supervision (sometimes referred to as the "reverse caregiver" law under 798.34 (d)). In other words, this caregiver or person does not have to comply with the park's age restrictions. Park management can address these "problem children" situations by pointing out that Section 798.34(c) and (d) only allows for such caregiver situations if there is a proper written treatment plan signed by the physician or surgeon of the homeowner or person to receive care. In any event, the "guest" – be it the caregiver or the person receiving care (if other than the homeowner) is still required to comply with the rules and regulations of the park. In addition, these sections only allow for one person. The park is within its right to require the homeowner to provide the appropriate treatment plan and ask questions. In addition, any caregiver or guest has to comply with the park's rules and regulations, and a violation constitutes a violation by the homeowner, which can result in the termination of the homeowner's tenancy. Park management should make it clear to the homeowner that their inability to control their unruly grandchildren or other guests/caregivers can result in them being evicted from the park! Issues with Pets Another troubling trend in parks concern "unruly pets." Pet problems can range from the traditional loud barking dog, which disturbs neighbors, to the occasional pot-bellied pig. The more serious issues involve dogs attacking other dogs or attacking and even biting park residents. They can also involve the massive accumulation of cats in a single home, resulting in pungent and disgusting odors from the buildup of feces and urine. "What can park management do?" 798.33(a) of the MRL allows a Park to prohibit homeowners from keeping more than one