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SAN MARCOS — The San Marcos City Council enacted a 45-day moratorium this week to prevent mobile home park owners from altering age requirements at senior-only parks, protecting senior housing in the city.
City leaders adopted the ordinance on Tuesday night in response to a situation at Lakeview Mobile Estates, one of 12 senior mobile home parks in the city. The park rents to those 55 and older.
In July, park owners distributed a notice to residents with updated rules and regulations, stating that ownership reserves the right to change the park to an all-ages park at any time.
According to the City Attorney’s Office, this raised...
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Under the California Mobilehome Residency Law (MRL), senior parks are defined as those where at least 80% of the residents are 55 and older. In an October letter to the city, Dowdall Law stated that mobile home park owners have authority over the MRL after the U.S. Supreme Court ended 40 years of precedent set in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. earlier this year. The court’s June 2024 decision in Loper Bright Enterprises v. Raimondo states that courts are no longer required to defer to a federal agency’s interpretation of ambiguously written law and restores the right to the court to interpret these laws independently.
OK, this attorney is smarter than most. He’s exactly correct to attack the California law itself that is potentially no longer valid after the Chevron ruling by the Supreme Court. That needs to be fully litigated before any defense of the park owner is warranted.
I’m hoping that MHI and others are going to litigate everything from the HUD installation standards to OSHA, the CFPB and every other rule and regulation that were crammed down the throats of park owners in violation of the new Supreme Court ruling. One MHA insider told me that it may take at least a decade for all these key regulations to be shot down after all appeals are exhausted. Need to start that process now.

