Question:
“My park is enforcing a new parking policy. While most of us are abiding by the new rules, some residents seem to believe it doesn’t apply to them. Can the park enforce rules on some residents and not others?”
-Christina R. (57), resident, Irvine, CA
Answer:
No. While park managers typically have the authority to establish and enforce rules within the community, they must do so in a manner that complies with federal, state, and local laws, including fair housing laws.
Under the Fair Housing Act, it is illegal to discriminate against individuals based on race, color, religion, sex, national origin, familial status, or disability. This means that mobile home park managers cannot enforce rules in a way that discriminates against residents based on these protected characteristics.
The MRL provides that the park rules and regulations have to be “reasonable.” This means that rules have to have some rational basis in fact under the circumstances, as well as apply evenly to everyone residing in the park.
Park owners and their employees are required to abide by park rules to the same extent as residents have to, except rules regarding age limits or acts of the park owner or park employee undertaken to fulfill park maintenance, management or operational responsibilities.
Overview:
- Park rules shall be applied evenly to everyone residing in the park.
