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Intimidation / Harassment & Retaliation J a n u a r y / F e b r u a r y, 2 0 1 2 VOL. 2 • ISSUE 1 $2.50 Newsstand $1.00 Subscription ($6.00/Year)
Published by Wodley Printing Exclusively for Owners of Mobile/Manufactured Homes in California We Advocate to protect your rights, your lifestyle and your investment
January/February, 2012 Vol. 2 • Issue 1
An Important Note: Please Support MHMag! Most of you have now received three free issues of Mobilehome Magazine. My vision was to publish a free magazine for all mobile/manufactured home owners living in California, supported solely by advertising. Unfortunately in these difficult times, everyone is careful with their money, including advertisers. I now realise I can not do Mobilehome Magazine alone. I must ask for your help and support. But why not? After all this is not my magazine, it is published for you! I understand not everyone may need it; not everyone has issues where they live. That’s terrific! But many, many across the state and the country do have issues and live difficult lives as a consequence. Just ask yourself who has cared enough to reach out to you to help? I’d venture to say the answer is “no one.” So now I ask for your support. Please subscribe to Mobilehome Magazine. The yearly subscription is very reasonable, just $6.00 per year. That’s only $1.00 per issue. Application on page 22. Here are a few facts about the magazine. 6,000 copies are being printed, of that amount about 5,500
are being mailed. (By the way, you will notice COMO-CAL is not the publisher for this 3rd issue. In fact Wodley Printing purchased the rights to the magazine.) With your support, great things can and will happen. Mobilehome owners will feel more connected, more informed, and less isolated. Communities will feel more like communities. After all we are really in the “same boat!” So what if you don’t have $6.00 today. Not a problem! Just subscribe when you are comfortable, but please subscribe! What if only a few subscribe? Well I’d hate to see MHMag not continue, but I can’t afford to underwrite a loss each month. I hope you understand. I don’t work and my wife only works part time. My savings are gone, but I still have so much to share! Let’s do this together! Please help “share the burden.” Your support will also help others - it will enable MHMag to reach other communities. My sincere thanks,
Frank A. Wodley.
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January/February, 2012 Vol. 2 • Issue 1
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January/February, 2012 Vol. 2 • Issue 1
taBle oF contents An Important Note: Suport MHMag . . . . . . . . . . . . . . . . . . From the Editor - Intimidation & Harassment . . . . . . . . . . . . . . Park Manager Intimidation . . . . . . . . . . . . . . . . . . . . . . . COMO-CAL: The Latest . . . . . . . . . . . . . . . . . . . . . . . . . Tenants Together & Coalition for Economic Survival . . . . . . . . . . Retaliation (from All Parks Alliance for Change website) . . . . . . . . California Mobile Home Code Eviction Procedures . . . . . . . . . . Tips & Suggestions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Minutes with Utah Senator Karen Mayne on Issues We Face Today. The Los Angeles Mobile Home Park Task Force - The Inside Story . . . Enforce Your Rights - It’s Up To You . . . . . . . . . . . . . . . . . . . Washington State’s Dispute Resolution Program . . . . . . . . . . . . Business Directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oceanside - City to hold special election on rent control . . . . . . . Keep It Alive - Subscribe to Mobilehome Magazine . . . . . . . . . . Subscription Application . . . . . . . . . . . . . . . . . . . . . . . . Mobilehome Magazine - This & That . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
. . 2 . . 5 . . 6 . . 7 . . 7 . 8-9 . 10 . 11 12-13 14-15 16-17 . 18 . 19 . 21 . 22 . 22 . 23
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January/February, 2012 Vol. 2 • Issue 1
From the Editor
Intimidation & Harassment
H
appy new year and welcome back. This issue’s topics are intimidation, harassment, and retaliation. In fact one question in the COMO-CAL FAQ Handbook, is “What can residents do about park managers who intimidate and harass?”(see this issue, page 6). Why this question? Because the Senate Select Committee on Manufactured Housing in California (they wrote the FAQ Handbook) knows that mobilehome owners experience intimidation and harassment! It happens all the time! Related topics are unjustified evictions, rataliation, enforcement of the law, etc. On a personal note, I have lived in Chatsworth Mobilehome Park for more than 12 years. Even before I moved I was hassled about. Soon I was getting 7 day notices (a legal document) about weeds in my front yard, yet I don’t have a front yard. The notices kept coming. In 2002 I took over as President of the GSMOL Chapter in my park, and began my advocacy. One issue I had with the park was parking on the street. Residents, even elderly ladies, were not allowed to park on the street, even for a short time to Serving the Mobile/Manufactured Home load groceries or laundry into their homes. Yet, management Community in California parked on the street for hours at a time! Certainly a double Wodley Printing, P.O. Box 3774 standard. We had monthly meetings and I sent out a monthly Chatsworth, California 91313 bulletin. Half of the residents were members of GSMOL. I was 818-886-6479 a good Chapter President. advertising@mobilehomemagazine.org
Mobilehome Magazine
In 2004 the park manager took me to court to get a restraining order. In my opinion this was an attempt by the park owner to evict me so I could no longer speak out against unfair, or illegal practices. Fortunately the court didn’t grant the restraining order and I wasn’t evicted (this same procedure was successful in evicting advocates at least two other parks in California). Today I can say life in Chatsworth MHP is better, we have good management, a social committee and residents are much happier. So remember, you are vulnerable when you live on someone else’s land. You have a big investment to protect! Park owners know that, and often times try to take advantage. In a nutshell, this is what you should do to protect your rights and your investment: Organize, keep records, know your rights, join an advocacy group, and READ MOBILEHOME MAGAZINE! Now you can subscribe - see page 22. Only $6.00 per year (6 issues). Thanks for reading!
Frank A. Wodley,
Mobilehome Magazine is published every other month by Wodley Printing exclusively for owners of mobile/manufactured homes in California. MHMag is not responsible for content contained in advertising PUBLISHER AND EDITOR Frank A. Wodley
ADVERTISING SALES Rose Rosales Frank Wodley
DESIGN Greg Frazier
CONTRIBUTORS Sally Studer Chandra Spencer Michelle Smith
PROOF READER
Editor & Publisher
http://www.mobilehomemagazine.org/
Andree Denninger
Mobilehome Magazine
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January/February, 2012 Vol. 2 • Issue 1
Park Magager Intimidation so well protected, then how can park owners take advantage of us? The answer is simple. There is NO ENFORCEMENT. We have written about this many times. Today, enforcement only exists when you or I go to court, costing us thousands of dollars. The park owners know this. They know they have all the cards. The following is taken from COMO-CAL’s FAQ Handbook page 19:
PARK MANAGER INTIMIDATION Q. What can residents do about park managers who intimidate and harass?
Background Let’s make this simple. Mobilehome parks have been around 40-50 years. In the beginning, most were terrific places to live, with a sense of community. Residents would gather for various functions and had pride in their community. Managers even promoted resident advocacy groups. Well, this is NOT the case today. Many parks are called “concentration camps” and are run using Gestapo tactics by unscrupulous park owners (UPO’s), often large corporations only interested in their “bottom line.” Many break the law, almost daily. Harassment, intimidation, and retaliation are common place. These parks foster an image of following the law and respecting residents; yet nothing is further from the truth. We keep hearing California has more laws to protect us than any other state. So something must be wrong with this picture. If we are Page 6
A. This is one of the most difficult issues to resolve and there are no easy answers. Recent legislation to initiate a mandatory educational training program for park managers (AB 1469; 2006) was vetoed by the Governor. There are no qualifications to be a mobilehome park manager. Many are good managers, but some are unprofessional and arbitrary in dealing with residents. The Mobilehome Residency Law (MRL) gives residents certain rights, but when difficult issues have to be resolved, residents need to form homeowners’ organizations or affiliate with mobilehome groups that advocate for mobilehome owners interests and work as a group in dealing with the park management. The best defense is a good offense, but don’t confront the manager in a belligerent or overly argumentative fashion to make matters worse. If the manager won’t let residents use the clubhouse for meetings, get organized and Mobilehome Magazine
use one of the residents’ homes or meet at a nearby restaurant, community center or meeting place outside the park. Keep a journal or document as evidence of all manager violations. Consult an attorney, victims’ rights groups, local fair housing organization or the state Department of Fair Employment and Housing (DFEH) about your rights, as well and those of others in the park, relating to possible violations of protected classes (discrimination), elder abuse laws, unfair business practices, or the MRL. If you prevail against the management in court, you can ask the court for attorney’s fees. If you can prove willful management violations of the MRL you can obtain up to a $2,000 penalty for each violation. Talk to the local newspaper or TV news about doing a story. Have an attorney send a letter to the park owner about the manager’s behavior and request a meeting with the owner or another representative of the owner, other than the manager. Ask the owner to consider that the manager be replaced before he/she becomes a liability to the park owner.
Recap:● Form a homeowners group, keep record of evidence, and contact local or state fair housing commission for assistance. This issue of Mobilehome Magazine is devoted to two important subjects: Retaliation & Enforcement of the laws. Why? Because these subjects are the real keys to a better life in parks today. So what is the solution? The solution starts with you! It will take each of you to do your share.
January/February, 2012 Vol. 2 • Issue 1
COMO-CAL - The Latest Let me explain the situation with COMO-CAL: COMO-CAL was officially closed as of December 29, 2011. The Board of Directors met more than six times during the last couple months of 2011 and ultimately found no practical way to keep COMO-CAL up and running. No one volunteered during the nomination period in November, so the Board sent out a letter on December 5, 2011 “suspending all operations.” There has been much confusion about a letter which was distributed mid-December claiming “COMO‐CAL is Still Working for You.” I must say I am at fault. In my haste to see COMO-CAL continue, I acted without Board knowledge or approval and assisted in the distribution of this letter. I also started the transfer of COMO-CAL documents and property. I was wrong and I have been reprimanded by the Board (rightly so). I truly regret my mistake. I appreciate the time and effort given by the Board to straighten out this situation.
The Directors believe the decision to close COMO-CAL was correct. We are proud of our past accomplishments. And, the Board would like to enjoy their lives without the stress of running COMO-CAL and watching over me. The Board of Directors thank the many who have called or e-mailed their support and appreciation for seven years of hard work. COMO-CAL touched thousands of lives and was truly a labor of love. As many of you read in the last VOICE, I will continue my advocacy through Mobilehome Magazine. I believe that I can reach many more people, and keep more people connected and informed by publishing this magazine. Please support my efforts to advocate for your rights. Keep Mobilehome Magazine Alive - Subscribe! My sincere thanks,
Frank A. Wodley.
Tenants Together & Coalition for Economic Survival Tenants Together and the Coalition for Economic Survival are “sister” groups, the former located in San Francisco and the latter in Los Angeles. They advocate for mobilehome owners as well as apartment tenants. We have supported their efforts now for several years.
Tenants Together
The following is taken directly from their website: http://tenantstogether.org “Tenants Together is a nonprofit organization dedicated to defending and advancing the rights of California tenants to safe, decent and affordable housing. As California’s only statewide renters’ rights organization, Tenants Together works to improve the lives of California’s tenants through education, organizing and advocacy. Tenants Together seeks to galvanize a statewide movement for renters’ rights.” If you have a computer and want to know what’s happening in California, TT has a list of articles under NEWS (1653), Press Releases (51), and TT Press Releases (36). Their website also has other useful information. We encourage you to take a look.
Coalition
for
Economic Survival
Here in Los Angeles, the counterpart organization to Tenants Together is the Coalition for Economic Survival (CES). Their Director Larry Gross does wonderful work! The following is taken directly from their website: http://www.cesinaction.org/. “The Coalition for Economic Survival is a multi-racial, multi-culture grass-roots community-based organization that has been dedicated to organizing low and moderate income people to win economic and social justice throughout the greater Los Angeles area since 1973.” CES also advocates, in part, for mobilehome owners simply because apartment tenants and mobilehome owners often face similar issues. The L.A. RSO affects both groups. Contact Information Tenants Together (TT)
Coalition for Economic Survival (CES) 514 Shatto Place Suite 270 Los Angeles, Ca.90020 Phone: (213)252-4411
Mobilehome Magazine
995 Market Street, Suite 1202 San Francisco, CA 94103 Phone 415.495.8100
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January/February, 2012 Vol. 2 • Issue 1
Retaliation Retaliation is a strategy used by powerful institutions to prevent homeowners from organizing and/or asserting their rights. It is a two-pronged strategy involving both active and assumed retaliation. “Active retaliation” is carried out in the form of specific actions that punish leaders and their base for their efforts to pursue change. An effective and far more insidious form of retaliation is “assumed retaliation,” meaning that people automatically assume that organizing or asserting ones rights will lead to retaliation, even in the absence of specific past examples. Assumed retaliation operates so that powerful institutions rarely have to use active retaliation. The very existence of assumed retaliation prevents people from organizing and standing up for their rights due to a perceived sense of powerlessness and internalized fears.
Retaliation is Real Park landlords have a variety of tools at their disposal to carry out other forms of retaliation, such as eviction, rent increases, denial of services, discriminatory enforcement of park rules, harassment, and damage to reputation.
Retaliation is an Excuse for People not to get Involved The assumption that getting involved will lead to retaliation prevents many people from getting involved. Yet for every example of real retaliation there are many, many more examples where residents organize and retaliation is either not used or ineffective. We need to be more sympathetic towards people who fear retaliation out of a feeling of powerlessness or vulnerability, but we also want to challenge their assumptions and embolden them to become leaders rather than victims. If you are involved in organizing your community for Mobile Justice, then you are taking a risk. You need to let people know that if they want to see change, then they have to assume some of the risk as well.
Why Does Retaliation Exist Retaliation is a tool that park landlords, government agencies and others use to maintain control and to retain power. Many see retaliation as an act of power, but it really isn’t. Retaliation would not be necessary if community organizing had no potential for success. Retaliation happens because instituPage 8
tional power fears this success. Therefore retaliation is not a demonstration of power, but rather an act of fear and powerlessness. They are scared of you! Although retaliation comes from a place of powerlessness, it is also a strategy that has proven to be successful. Retaliation works. That is why is it so important that we understand how to confront it.
How to Overcome Retaliation Many states already have laws that make retaliation illegal. When looking at the laws in your state, pay close attention to how those laws are enforced and what loopholes, if any, may exist.
Educate Residents About Their Rights Once you have done the analysis, educate your base about these rights and your commitment to ensure they are protected. This will often decrease a lot of people’s fear about retaliation. If No Protections Exist, Change the Law
Conduct a Risk Assessment for Your Organizing Campaign People worry a lot about the risks of becoming involved but rarely thing of the risks of not becoming involved. In a group setting, ask people to come up with a list of the risks of getting involved, after educating them about the law! Then ask them to come up with a list of what will happen if no one gets involved (park closings, rent increases, unfair rules, bad laws, etc.). If you are choosing issues that people care about, the risks of doing nothing are often greater than the risks of doing something.
Strength in Numbers By acting as a group, it is more difficult for institutions to retaliate against you. The old saying, “united we stand, divided we fall,” holds true when it comes to retaliation. The stronger the base, the broader the network of support will be in response to any real retaliation.
Be Public Retaliators are like cockroaches; they scatter and run when you turn on the lights. The more outspoken and public you are in your work, the less isolated you are and the more people will sympathize with your cause. It also creates an opportu-
Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
nity to hold institutions accountable on a higher lever for retaliation, compared with fighting it out in the darkness.
the time to be vocal and aggressive like never before. Put a stop to retaliation now!
act ProFessionally
Editors Note: This article is taken from the “Community Organizing Manual” produced by All Parks Alliance for Change. The entire manual will soon be available online for download at:
Don’t provide park landlords with easy excuses to retaliate against you by not paying rent or disobeying reasonable park rules. Make sure that you are credible in what you do and say, thus maintaining the moral high ground. People sympathize with community leaders, but not with public nuisances. Whenever possible, try to appeal to your target’s self-interest rather than demonizing them right off the bat. Angering a target should be a deliberate and strategic decision, not an accident. Remember there is nothing wrong with making someone angry as long as it is strategic. But recognize that with that anger comes a heightened risk of retaliation.
http://www.allparksallianceforchange.org/ We recommend anyone truly interested in organizing and helping mobilehome owners get a copy. It is a terrific guide!
resPond to acts oF retaliation aggressively
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Acts of retaliation have the potential to obliterate your campaign. People will look to your organization to see what your response will be, as they weigh their decision to stay involved. Now is
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January/February, 2012 Vol. 2 • Issue 1
California Mobile Home Code Eviction Procedures Eviction Hearing
By Tiffany Garden, eHow Contributor
Mobile home eviction in California is regulated. The legal definition of a mobile home eviction refers to a mobile home owner who is being evicted from a rented lot in a mobile home park. Someone renting the mobile home itself is considered a normal residential tenant, and is governed by a different set of laws. In California mobile home eviction is governed under the Mobilehome Residency Law. The eviction process for mobile home owners in California is identical to residential tenants, but the reasons for eviction are more stringent.
If the tenant does not leave the mobile home lot within the 60-day period, the park landlord fills out forms SUM-130, UD-100, and CM-010 with the court clerk at the California civil court governing the lot’s jurisdiction. The hearing date is set at this time, and is scheduled within 15 days of the court filing. The landlord hires a process server to serve the summons to the tenant, informing him of the impending court date. The landlord and tenant are expected to appear at the hearing. If the tenant does not show up, the Written Notice California landlord is awarded default judgment The eviction process for a mobile home owner and right of possession to the mobile home lot. starts off by the park landlord serving him with a written notice. This notice must be posted on the Eviction property and give the eviction reason and the date The landlord files form EJ-130 and files it that the mobile home owner is to leave the lot. with the court clerk. A copy is provided to the There are only a few specific reasons that a California landlord can evict a mobile home owner from sheriff’s office. This form gives the sheriff a Writ of the park, due to the difficulties and expenses in Execution to remove the mobile home owner and relocating a mobile home. The written notice is a home from the lot. The landlord cannot restrict termination of the tenancy agreement, and gives the services such as utilities to the mobile home tenant a 60-day time period to leave the park before owner prior to receiving the Writ. Once the writ the landlord can file for an eviction order in court. is filed and executed, however, the landlord can The first and most common eviction reason shut off the utilities and any other services associis non-payment of lot rent or any lot fees. Tenants ated with that lot. The sheriff removes the tenant can also be evicted for causing a “substantial from the home, and makes arrangements for the annoyance” in the park, not following park rules mobile home to be removed from the lot. and regulations, not following local mobile home Read more: California Mobile Home Code ordinances, or illegal activity on the mobile home Eviction Procedures | eHow.com http://www. lot. Two eviction reasons that are out of the tenant’s control are condemnation of the mobile home park ehow.com/list_6643181_california-home-codeeor change of land use. viction-procedures.html#ixzz0xWZC3vrm
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January/February, 2012 Vol. 2 • Issue 1
Tips and Suggestions • Put everything in writing to management. • Do not sign long term rental agreements or leases. Anything over 12 months voids rent control. • Know the Mobilehome Residency Law. It has taken years to legislate these laws and they were written to protect you. • When you receive a 7 day notice, be sure that management is enforcing the rules and regulations fairly, i.e. if others are violating the same R&R, they too must be given a 7 day notice. • Maintain your property. This helps keep the value of your mobilehome, and motivates your neighbors to also maintain their properties. • Know that you rent is late after the 5th day it is due. If you have not paid during this grace period, the park can give you a 3 day notice to pay or
quit. If you do not pay in this 3 day period, the park can take action to evict you. You have no defense! • When the park introduces new Rules and Regulations, the park must hold a meeting with all park residents invited. If there are rules or regulations you are not happy with, you must make the park aware. • Organize. There is strength in numbers. • Believe there is hope to combat some of the injustices we see daily in our parks. Support Mobilehome Magazine • Subscribe to Mobilehome Magazine. Fill out the enclosed application and send it in. Subscription is just $6.00/year. • Relax and know you are not alone. Call us anytime at 818-886-6479. We are happy to help.
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January/February, 2012 Vol. 2 • Issue 1
15 Minutes with Utah Senator Karen Mayne on Issues We Face Today Preface: One of the highlights of the Mobile Home Owners of America (MHOA) conference in 2010 (see photo) was a presentation by Utah Senator Karen Mayne. MHMag believes Senator Mayne has many pearls of wisdom to share and hope you enjoy, share and learn from it.
MHOA CONVENTION 2010 “Good morning. My name is Karen Mayne. I’m a west-side girl. And you know what all that means: we’re kind of tough, and we’re brave and we’re gutsy. And that’s the way we need to be with your institution, because you always have a battle and I’m here to talk about your battle. You know, when I think about the situation you’re in, I think of DIRT. I was going to bring DIRT today, but I thought why make you all messy. But really, what the issue is with you all is dirt and home. They own the dirt and you own the home, and that’s going to be the battle until it’s not the battle. And cooperation, partnership and respect is the only way that makes it work. We have some big companies that own some of my big communities (mobilehome parks) and it’s a battle all the time and we’re up for the battle and we know the battle. They are strong, they are big and they have a lot of money, and they have a lot of lawyers, but that’s ok. We know what our responsibilitiy is, we know what we have to do. I think the issue is who does what. And it’s particular to each one of your communities because I’m sure some are small, some are big, some are adequate, some aren’t. And that’s always going to be the challenge. I will share the story. About two weeks ago I was in Majestic Oaks. They are starting up their association again. I was pleased to come. Usually when they start things up again, they have had one before and Page 12
you know people get lack a dazy, but when there is a problem, up it bubbles. And I wish it wasn’t like that. I wish it was always going, always steady, always involved because that shows strength. That shows strength. I visited with them and we talked about how we can make this committee productive and make it reasonable and make it active. It’s always about the same things…And all these things are local. And you have the same things. (Tip) O’Neal once said “Everything is local.” And it is. Everything is local. If it affects me, I’m at the meeting. If it’s a problem for me, I’m at the meeting. Hopefully, maybe, that culture can change. Ok, it’s my problem today, but I’m at the meeting because it’s your problem now. I’m at the meeting because my problem was solved but I’m here so that I can help you with yours. And I hope that happens with you. When I spoke to this gathering, and there was like 40 people. It was a good meeting. What I liked was there were different ages. Different places in life that people were Some were young, some were middle, some were retired. That’s a good mix. That makes a good community. We talked about their issues. This is what should happen. I went to the Mayor. And I said Mayor we have another problem. He said let’s talk about it, it’s private property, but let’s see if we can do something. That’s the key. That elected official, that Mayor, and that Senator working together with that association to push, to push, let me help you to do this, let me give you the tools to do this. And that’s what will make you successful in anything you do. The more push, the better you will be, because they don’t like to be pushed. They don’t like people telling them anything because it is their dirt. It’s your home, it is not a house. It’s a mobilehome. We were just speaking about some of our communities in the southern part of Utah, the answer is there, they have communities where they are buying the dirt and the home. It’s all over. Once you have that dirt, then you are secure, you’re safe and I hope those things translate all through the United
Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
States. That opportunity is there as it saves time.
have to address mass.
I walked Monte Vista because I’m up for re-election. I walked home to home to home. And what I saw were widows, I saw younger families, I saw fixed income people, I saw all kinds. I saw that they wanted to be there because it was clean. I saw that they wanted to be there because it was easy to take care of. I saw things, it was a simpler life for them. I saw all these things. But do you know what I saw, I saw me. Every home I went into I saw me. I saw me the widow, I saw me the fixed income. I saw me easy to maintain. I saw me a safe and clean environment. I saw me. I have an intern that walks with me because you know politicians, if we walk alone you may never see us again. So I turned to my intern. And when I walked out of the last house, I said to my intern, this is me, this is me, every home that I visited I could be there, I could live there and if my circumstances are that I need to be there, I could be there, I want to be there. So where ever we are in life, these communities offer everything and they offer what many people want.
You need to be strong, and you need to be active, because if you are not, then things fall apart. The demands that you’ve asked for today, that might take a few months, they will think well they have lost interest in that, we won’t be bothered with that, but if you are active, and if you’re moving, if you are talking with your neighbors, and all those things, good things will happen.
I was thinking about things to share with you today. I wanted to talk about some stories. I wanted to share some guidelines through the years of taking care of my communities and going through the battles. We live close together, and you’ve got to be good neighbors, you have fights, you have problems, you have managers on you and things like that… It’s a close community which makes you a netted community, which is a good thing. But it makes you have work together, because that’s the only way that it will work.. Always be organized. Always. If they can pick you off, you’re dead. If you are organized all the time, they can’t do anything to you because you are strong together. If you are together you are strong, if you are divided you will fail. And that’s what I’m telling you. Because collectively you are a mass. Always, always be organized. And always attend those meetings. The companies where you own the home, they can count. When you have your meetings, if you have five people, they say “there are only five people, they don’t care, they are not involved I won’t cut down that tree or whatever.” But if you attend the meetings, if you are there, if you are active, if you are responsive, they will be responsive to you. You know how that is. If the meeting is well attended, then you are on equal ground, you’re equal with them, you will get more out of them, there is give and take because they
Another thing that I would suggest, always elect capable people, always take those people that work. Have you ever gone to a meeting and one guy you’ve never seen before blows, and you never see him again. Or he comes and they elect him, and then he’s gone. That’s not who you need. You need stability, every meeting, reasonable, reasonable. What can we reasonably do, responsible because you are dealing with really high powered companies and they know how they work. So people that are steady, people that are reasonable, people that are there, people who work, people that are respected in the community, that’s who you need. So if there’s a problem, people can go to John, lets work this out - glad to do it.... Be reasonable and be responsible. You know there’s a song – “united we stand, divided we fall.” And if that isn’t a trueism, I don’t know what is. And it doesn’t matter what it is. It can be a family, it can be a neighborhood, it can be a state or a nation or whatever. Collectively when we come together we are strong. There are four people sitting here., if I can divide you in the middle, I’ve won As long as those four people, there is four and only one of me, as long as those four people stand together, I have to deal with them. But the minute I come in and I put a wedge between them, I win. I win. So don’t let that happen in your groups, don’t let that wedge come! Be brave, be brave, be determined. Because I’ll tell you, I’m tough, I’m scary, but that’s ok. Because I’ve learned in life that if you believe what you do and if you’re right in your mind,they respect you and if they don’t respect you, they win again. Even if you’re wrong. If they respect that you have the courage and the ability to say “ I thnk this is right they will respect that because people respect strength, they respect courage, they respect bravery, This is what I leave you with today. Welcome to Utah, we have a beautiful state and have a good time. Remember what I’ve said. Remember this little blond Senator, gramma, and remember what I’ve said.. Thank you very much.”
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January/February, 2012 Vol. 2 • Issue 1
Los Angeles Mobile Home Park Task Force I’m sure most of you do not know there is a Task Force for mobilehome parks here in Los Angeles. I write about the Task Force because you need to be aware - after all it is your voice at the LAHD, the agency that oversees your rent control. I personally sat on the Task Force for three years. At first look you would think a Task Force is a good thing, but looks can be deceiving. Let’s start with basics:
Definition of Terms LAHD = Los Angeles Housing Department RSO = Rent Stabilization Ordinance RAC = Rent Adjustment Commission MHPTF = Mobile Home Park Task Force History Los Angeles has had a Rent Stabilization Ordinance (RSO) since 1979. The Los Angeles Housing Department’s Rent Adjustment Commission oversees it. So where does the task force come into the equation? According to the Los Angeles Housing Department (LAHD) Mobilehome Park Reference Guide, “the Mobile Home Park Task Force (MHPTF) is an advisory group established by the Rent Adjustment Commission (RAC) in order to provide a forum which allows full discussion of issues (that exist) in mobilehome parks. The members of the MHPTF are mobilehome owners, mobilehome park owners, and industry representatives who meet to discuss and resolve issues and provide advice and recommendations to the Rent Adjustment Commission.” The Task Force was formed around 1990 and has met on and off for the last 21 years.
The Mobilehome Park Reference Guide? The LAHD publishes a useful document called the Mobilehome Park Reference Guide. You can see it online at: http://lahd.lacity.org/lahdinternet/ RentStabilization/MobileHomeParks/tabid/243/ language/en-US/Default.aspx The Guide, although very outdated (last update was August 2008), does have some useful information about Los Angeles rent control (RSO), pass throughs, Page 14
reasons for evictions, the MHPTF, advocacy organizations, government referral and resource information, complaint information, etc. The current Guide lists 56 parks (about 6,000 spaces). I’d suggest every mobilehome owner in Los Angeles get a copy. Call the MHPTF Coordinator Rosa Benavides at 213-8088837. She can send you a copy.
Who Will Represent YOU on the MHPTF? The last meeting on October 26, 2011 lists ten members: Don Brown, Stan Cerveny, Clint Lau, Anthony Sansone, Marion Steveson, David Evans, Valerie Montoya, Bill Schweinfurth, Rick Strauss, and Dan Fischer. Those in BOLD are owners of mobile homes and have served as your representatives for a number of years, some perhaps 20 years. Who may serve as your representative? In fact, any mobilehome owner who volunteers usually becomes a member (in spite of the fact that many may be pro-management). For years, your representatives have been just that - mobilehome owners that have volunteered for whatever reason. They have not represented any group of mobilehome owners, nor have they made much effort to disseminate information gleaned from meetings. They certainly HAVE NOT represented the 6,000+ mobilehome owners in the City of Los Angeles. They attend meetings to ask questions important to them or perhaps their park. And they usually do not communicate with residents in other parks.
Park Owner’s Reps on the MHPTF So what about the other side, namely park owners and their representatives? What about their representatives on the task force? Most of the time three high level WMA members attend task force meetings: Clint Lau (past president), David Evans (Southern Regional Rep) and Bill Schweinfurth (Vedder Community Management). These three actively REPRESENT park owners through out the state of California, not just here in Los Angeles. The WMA is also very active in Sacramento, working hard to get legislation favorable to park owners, while trying to defeat legislation that would help you and I. All three are paid by park owners to promote and protect the interests of park owners.
What Is The WMA? The following information was taken from the
Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
LAMHPTF: The Inside Story: by Frank A. Wodley WMA website at http://www.wma.org/about/wma.cfm Western Manufactured Housing Communities Association (WMA) is a nonprofit organization created in 1945 for the exclusive purpose of promoting and protecting the interests of owners, operators and developers of manufactured home communities in California. WMA assists its members in the operations of successful manufactured home communities in today’s complex business and regulatory environment.
Who are WMA’s members? WMA is a statewide trade association whose members are largely mobilehome park owners who, collectively own, operate and control over 175,000 mobilehome spaces in California. WMA has over 1700 member parks located in all 58 counties of California. Community owners, operators, and developers of manufactured home communities in California, as well as suppliers of industry goods and services maintain membership in WMA. Our members are committed to the success of the manufactured housing industry.
What’s Wrong With This Picture? Obviously there is a considerable imbalance between representation for mobilehome owners and representation for park owners. Park owners use highly paid representatives that are very knowledgeable about mobilehome issues. They attend all meetings and are a strong, unified group. This is their job! And they do it well. On the other hand, Los Angeles mobilehome owners are, in fact, not represented at all. Their “representatives” are novice mobilehome owners who might have some interest, but are not trained or paid, and are certainly not professional. Some in fact favor park owners, i.e. they work for the other side! Most are well meaning and have given their time, but ultimately they have only allowed an “illegitimate” group to appear legitimate. Both the LAHD and park owners would have us believe there is equal and fair representation and the Task Force serves interests of park owners and mobilehome owners alike. Nothing could be further from the truth. Neither the LAHD or Rent Adjustment Commission seem concerned whether or not there is good representation by mobilehome owners, just as long as some representation. It is not surprising that the LAHD has no proce
dures, policies, minutes or records and promotes a Guide which we feel is again highly biased toward park owners. REMEMBER, this is only one issue with the MHPTF.
Other Issues with the MHPTF The LAHD does not even have an accurate mailing list for the 6000+ spaces covered by the RSO, i.e. they can’t effectively communicate with those they serve. And although they claim the Guide is terrific, very few if any of these residents see or even know it exists. I served on the MHPTF for approximately three years. During that time I studied the Guide and found some serious flaws. The Guide states “MHPTF is an advisory group to provide a specific forum which allows for (full) discussion of issues in mobilehome parks.” The word “full” was eliminated for the 2008 edition. Why? Because I complained that “full” discussion simply doesn’t happen. I made numerous suggestions for agenda items, yet seldom were they discussed. In other words, the “leadership” picks and chooses what issues they discuss. For additional informationHousing Department website at http://lahd.lacity.org. The direct line to the MHPTF Coordinator Rosa Benavides, is 213-808-8837. I recently talked with her and Rosa suggested anyone having questions about or agenda items for the Task Force call or email her. Her email address is rosa.benavides@ lacity.org.The new MHPTF leader is Susan Gosden. She can be reached also through Rosa.
Editor’s Note I suggest you take an interest in your local government. Go to a Task Force meeting. Every other one is held in Van Nuys. Call Rosa for times and places. Change will not happen without the involvement of mobilehome owners who are dedicated to serving others. If you are having issues in your park, contact Rosa at 213-808-8837, or Mobilehome Magazine at 818-886-6479. If you need attorney help, contact Chandra Spencer at 213-631-8331.
Mobilehome Magazine
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January/February, 2012 Vol. 2 • Issue 1
Enforce Your Rights…It’s Up To You! As I travel throughout California meeting with mobilehome residents, the issue of “enforcement of the laws” is almost always discussed. Homeowners want to know how they can ensure that a park owner follows the law. They want to know what can be done if the Mobilehome Residency Law (MRL) is violated, or if they are suffering from unfair treatment not found in any specific law. Usually, they will ask me something like: “Who is going to protect me?” or “Who will enforce the laws for me?” Expecting an easy answer that gets them off the hook, they may not always like my response. But it is important that I communicate reality to them. And so my answer usually ends with the sentence: “It’s up to YOU!”
is occurring, he or she should contact the local City Manager or City Attorney to determine if the local government can or will enforce the law. This is always preferable, since the public officials whose salary we are paying can do the work, and the resident can be spared the cost of hiring his or her own attorney. But most laws do not work this way. Few violations of the MRL, other than certain nuisance actions, will be enforced by local or state governments. MRL violations are civil disputes which need to be handled by the civil courts. Many times this requires the representation of an attorney, or intervention by a mediation service. In these cases, the burden of enforcement is clearly on the residents.
For the last 30 years, many laws have been passed at the state and local level which protect mobilehome residents. Mobilehome resident organizations annually wage battles in Sacramento to pass new laws that are needed and to fight against laws that would damage the interests of residents. Passing protective laws is certainly an important part of providing protection to residents. In many cases it is an important first step towards righting an injustice.
So what does enforcement look like? What does the resident have to do? The following are some simple steps to remember as you contemplate how to enforce your legal rights.
But once the law is passed, who enforces it? If a park owner violates a law, who typically is responsible for seeing to it that justice is done? And who needs to be watching carefully to see that laws are not violated? The answer to each of these questions is the same: It’s YOU! The plain truth is that laws do not enforce themselves. The most detailed and perfect statute can be drafted, carried and passed through the houses of legislature. But until someone stands up to demand its enforcement, it is only a deterrent. Sometimes just having a deterrent in place is enough to discourage violation of the law. But often times it is the person who the law is designed to protect who must stand up, “blow the whistle” and simply say: “Enough is Enough!” Only when a resident decides to take a stand and do something about it will justice truly be accomplished in most cases. There are some laws which can be enforced by government authorities. Most local rent ordinances, for example, state that a park owner who violates the law could be guilty of a misdemeanor. If a resident believes that a violation Page 16
1. KNOW YOUR RIGHTS. There is no substitute for this. Every mobilehome resident should have a copy of the MRL, which is distributed by most park owners annually. You can go on line to download a copy of the complete MRL for free at: www.sen.ca.gov/mobilehome. You can write to the Senate Publications Office in Sacramento to purchase a copy for $5.25.The MRL no longer requires a park owner to distribute a copy to all residents each year where a “significant change” of the MRL provisions is made by the legislature. But any resident can go to the park office and request a copy. Also find out whether your local city of County has ordinances relating to rent control, park conversion or condominium conversion. Read these laws and try to understand them. Ask questions of your neighbors or the organizations of which you are a part if you do not. You can’t know if your rights are being violated until you first know what your rights are! 2. BE VIGILANT. Once you know the laws, you need to watch carefully to ensure that no violations are occurring. This requires one to pay attention. Read the notices that you receive. Review your rent notices carefully. If something seems like it isn’t right, the chances are it may not be. It may be necessary to watch out for your friends and neighbors living in the park who
Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
don’t know how to be vigilant, or cannot understand their rights due to age, infirmity or language barriers. 3. ORGANIZE AND UNITE. A common reaction from residents faced with a violation of their rights is to shrink from the task because they are afraid of how the park owner might retaliate against them. Left alone to fend for themselves, they often feel inadequate, intimidated and afraid of the consequences. And they might be unable to afford an attorney or the costs of enforcing their rights on their own. But if they unite with others, the possibilities might be endless. If 20 residents unite, each one has the power and finances of 20. If 100 residents unite, they combine awesome financial power and influence. This can occur in various ways. Join a state-wide organization to become educated and help support state-wide causes, such as the defeat of Proposition 98 in June. Join your local park association. And band together when necessary to fight unfair rules, unauthorized rent increases or pass throughs, or to oppose park conversions. In each case, residents send a powerful message to park owners that they speak with one voice, and cannot be individually intimidated into silence. 4. DO NOT BE INTIMIDATED. Fear of retaliation has prevented many residents from standing up for their rights. I can never guarantee that a resident will not be on the receiving end of harassment or intimidation. Notices to pull weeds or paint the mailbox might come more regularly. The park might be watching for each and every violation of the rules, no matter how small. This kind of conduct comes with the territory in many cases, and residents should be on their guard. But it should be remembered that the park can NEVER evict anyone without just cause. No one should abandon their rights due to threats or intimidation which has no basis. Such conduct by management could result in violations of the MRL that would entitle the resident to recover civil penalties for “willful violations”. If the park owner thinks that a resident can be easily intimidated, they are more inclined to try and do so. But if a resident makes it clear that he or she will not back down from the enforcement of their rights, no matter what it takes, the harassment may stops. And a resolution to the problem becomes far more likely.
5. GET QUALIFIED HELP. If the resident determines that the City Attorney or local government will not be involved, and the resident or group of residents cannot handle the matter on their own, professional help should immediately be sought. Look for an attorney in your area who has expertise in mobilehome law. Get proper advice about the available options. If litigation is required, hiring an attorney is a must. 6. STAY COMMITTED. Often the enforcement of rights takes time. This requires the residents to stay engaged for the long haul. The park owner’s strategy might be to wear down the will and incentive of the residents. Don’t let that occur! Once you start the process, keep at it. Invest your time, your talents and, where necessary, your money. After all, you are protecting your home, and your way of life. Otherwise, all that you have previously put into the process could be lost. 7. SUPPORT THE PASSAGE OF STATE AND LOCAL LAWS. It is critical that each mobilehome resident join the effort to pass good laws and defeat bad ones. Stay tuned to what is happening both in Sacramento and your own town. Join as many organizations as you can, so that you will be well informed about how to help pass needed legislation. And once those laws pass, read them so that you will know your rights (this takes us back to Step 1). Any resident can do all of these things if they are willing. If each does his or her part, mobilehome owners can be a mighty force to be reckoned with. Remember, it all starts with YOU. YOU have the power. YOU just need to be willing to use it! ABOUT THE AUTHOR: MR. STANTON HAS BEEN A PRATICING ATTORNEY SINCE 1982, AND HAS BEEN REPRESENTING MOBILEHOME RESIDENTS AND HOMEOWNERS ASSOCIATIONS AS A SPECIALTY FOR OVER 20 YEARS. HIS PRACTICE IS LOCATED IN SAN JOSE, AND HE IS CURRENTLY THE CORPORATE COUNSEL FOR GOLDEN STATE MANUFACTURED HOME OWNERS (GSMOL) Editors Note: We first published this article, written by Bruce Stanton exclusively for CoMO-CAL, in the March 2008 Voice. We thank Mr. Stanton for his assistance. We publish it here because it deals with the topics of this issue Intimidation/Enforcement...
Mobilehome Magazine
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January/February, 2012 Vol. 2 • Issue 1
Washington State’s Dispute Resolution Program What is the Manufactured Housing Dispute Resolution Program (MHDRP)? Owners of manufactured and mobile homes who rent a space for their home in a park or community have important rights and responsibilities under the state Manufactured/Mobile Home Landlord Tenant Act (MHLTA), RCW 59.20. Landlords have rights and responsibilities under the law, too.
of Licensing and pay $10 per year per pad that is rented to a person who owns their home. Landlords may charge each homeowner a maximum of $5 per year of this assessment. The fee is then used to fund MHDRP and cover DOL’s registration and licensing costs. If you have a computer, their link to MHDRP is http://www.atg.wa.gov/MHDR.aspx.
How did MHDRP start?
Outcomes
The 2007 WA State Legislature recognized that there are factors unique to the relationship between a manufactured/mobile home tenant and their landlord. The difficulty and expense of moving and relocating a manufactured/mobile home creates unique challenges. The Legislature found that many tenants who experienced violations of the manufactured/mobile home landlord-tenant act (MHLTA) were often left without protections or access to legal remedies. In response, the State Legislature passed into law RCW 59.30. This law authorizes the Attorney General’s Office to administer the Manufactured Housing Dispute Resolution Program and enforce the Manufactured/Mobile Home Landlord-Tenant Act. It also authorizes the Department of Licensing to register manufactured/mobile home communities and collect registration fees.
The Washington State Program began in 2007. There are now four annual reports and 16 quarterly reports detailing the outcomes of complaints made both by residents and landlords.
Mission
o 151 closed complaints resulted in agreements to comply with RCW 59.20 during negotiations (75%);
The Manufactured Housing Dispute Resolution Program enforces the Manufactured/Mobile Home Landlord Tenant Act, educates stakeholders, and fosters relationships between manufactured/mobile home community land owners and homeowners. We facilitate communication among parties in an effort to resolve disputes and avoid evictions.
Vision We seek to foster a safe and sustainable manufactured/mobile home community industry in Washington State through excellence in service, respected regulatory leadership, and effective membership in stakeholder organizations.
What are the Licensing Requirements and how is this program funded? By law, landlords are required to register each pad in their community or park with the Department Page 18
Go to: http://www.atg.wa.gov/MHDR/StatsAndCaseOutcomes.aspx for further information.
Complaints Received and Closed 300 Complaints were received in FY2011 266 Complaints were closed in FY2011 from FY2010 and FY2011(some were complaints that originated in FY2010) 65 Complaints remained open at the conclusion of FY2011 Requests for Dispute Resolution/Complaints Disposition: 202 of the 266 closed complaints were resolved through facilitated negotiations:
o 44 closed complaints did not indicate a violation of RCW 59.20 for investigation (22%) o 7 (seven) closed complaints that were not resolved through negotiation were assigned to investigation (3%) 64 of the 266 closed complaints were not handled through the negotiation process: o 28 closed ‘complaints’ were not complaints but were inquiries/informational requests only, and either stated no complaint or otherwise did not relate to RCW 59.20 but submitted on complaint forms. Editor’s Note: I’ve been writing about the Wa. State Dispute Resolution Program now for three years. Isn’t it about time that the “powers” in Sacramento work to legislate a similar program in California? Would you support it? I sure would! We need enforcement! And the cost is $5.00/year/space.
Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
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Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
Oceanside: City to hold special election on rent control Note from Michelle Smith, MHMag contributor: “Here’s the latest on dismantling rent control in Oceanside...sadly it seems that many cities and towns along the coast are being targeted by developers to dismantle mobile home parks and replace them with high rise hotels, etc.” http://www.nctimes.com/mobile/article_78a1c0f4c60e-56c5-9fc4-ae271f179d68.html By RAY HUARD rhuard@nctimes.com | Posted: Wednesday, January 4, 2012 10:00 pm A divided Oceanside City Council agreed Wednesday to spend $93,000 for a special June election to decide whether to retain an ordinance that would phase out rent control in mobile-home parks. The vote was 3-2, with Mayor Jim Wood and Councilwoman Esther Sanchez voting no and Councilmen Jerry Kern, Gary Felien and Jack Feller voting to move ahead with the June ballot measure. The June vote on mobile-home rent control stemmed from a petition drive by mobile-home park residents to reinstate rent control in the city’s 18 mobile home parks. “It’s going to go to a vote of the people and it will settle the issue once and for all,” Kern said. Wood said phasing out rent control was “very mean spirited” and poorly timed because of the faltering economy. Sanchez said she preferred to repeal the decontrol ordinance rather than put it to a public vote. “Our rent control is fair. It provides a level field between two property owners,” Sanchez said. She said the two owners were those who own their mobile homes but rent the spaces on which they park and those who own the mobilehome parks. Failing repeal, Sanchez said, the issue should be put on the November election to save money. Assistant city clerk Holly Trobaugh said it would cost $45,000 to $56,000 to put it on the November election ballot instead of June as part of regular city elections. Putting it on the June ballot is pricier because there are now no city issues in the June election, making June a special election for the city. Oceanside has had rent control for mobilehome parks since 1984, but the council in a 3-2 May
vote adopted a rent decontrol ordinance championed by Kern. The ordinance retains rent control for people who already live in rent-controlled spaces, but removes it once they move or sell their homes. Kern said that of 481 cities in the state, 81 have rent-control ordinances and 67 of those have some form of decontrol. With petitions signed by 15,484 people, mobilehome residents forced the council to choose in August between repealing the decontrol ordinance or placing it on the ballot for a public vote. The council in a 3-2 vote chose to put the matter on the June ballot. The vote Wednesday reaffirmed that decision and appropriated money to pay for it. Trobaugh cautioned that $93,000 was an estimate from the county registrar of voters on the cost of putting the measure on the ballot. “It could be more, it could be less,” Trobaugh said. Several people urged the council to repeal the ordinance rather than put it on the ballot. “You guys have written a law that is going to cause people to become homeless,” said Polly Fukuhara. “You are throwing seniors and veterans and the working poor under the bus.” Without rent control, Fukuhara said mobilehome owners will be unable to sell their homes because no one will buy them if space rents can be raised without limit. Amy Epsten Magness, whose family owns Mission View Estates and other mobile-home parks, said the decontrol ordinance protects people now living in the mobile home parks. “All existing residents would continue to receive rent-control benefits for as long as they live in the parks,” Epsten said. She said voters should be allowed to decide whether to keep the decontrol ordinance. Editor’s Note: Are you confused? Do you even know what’s going on in Oceanside? Well it is about decontrol, i.e. if you lived in Oceanside and sold your home, there would be NO CAP on the rent the park could charge your buyer. And since the value of your home is linked to the amount of rent, that means that your home could essentially be worthless! Park owner Epsten really doesn’t care, as you can read!
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January/February, 2012 Vol. 2 • Issue 1
Keep It Alive! Subscribe to Mobilehome Magazine Now you can subscribe to Mobilehome Magazine. I ultimately want every mobilehome owner in California to receive the magazine, so we have kept the subscription fee affordable for all.
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Mobilehome Magazine
January/February, 2012 Vol. 2 • Issue 1
Mobilehome Magazine This & That Next Issue
Spanish?
Remember, this magazine is published for you. So why not let us know what you would like to read. When you call or subscribe, let us know your needs.
I’m sure there is a need to print part of this magazine in Spanish. Anyone willing to help out let me know. Call Frank @ 818-886-6479.
Expanding Into Southern California
What’s Happening In Your Park
We are actively working to get Mobilehome Magazine into your area, starting with Southern California (San Luis Obispo to Chula Vista). We have divided this area into thirteen zones (spaces). S-1 S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-11 S-12 S-13
San Luis Obispo Ventura High Desert L.A.North L.A. South L.A. East Anaheim Hunt. Beach River/San B. Hemet/Yuc Palm Spr. San Diego N. San Diego S.
8386 11409 9930 12767 13640 14616 13799 14786 13632 19937 10606 16643 19499
Let me know and I’ll put it into the Magazine. Call Frank @ 818-886-6479.
Classified Advertising Have something to sell? Next issue we will have a “Classified Advertising Section.” The rate for one issue is $6.00/line, 4 line minimum.
Business Directory Have a business, but we don’t show the category? That’s easy, we can add categories. Just let us know. We are offering one issue free - pay for 5, get 6. A savings of $16.00.
Next Issue Delivery Date
The total number of spaces in Southern California is just over 180,000.
Now On Twitter & Facebook
Now you can follow Mobilehome Magazine on Facebook and Twitter.
Next issue should reach you about April 1, 2012, but only if we get enough subscriptions...remember I’m shooting for 1,000 over the next two months - get your subscription in, don’t think the other guy will do it. If you appreciate MHMag, please support it.
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