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	Berger Kahn Files Supreme Court Brief in Case Challenging Broad Interpretation of "Willful" Acts Under the Mobilehome Residency Law Berger Kahn filed an amicus brief on California Mobilehome Parkowners Alliance's behalf, urging the California Supreme Court to reverse Cacho v. Boudreau. The case involves the interpretation of "willfulness" under the Mobilehome Residency Law that regulates the day-to-day relationships between mobilehome park owners and their tenants. "The standard of willfulness urged by Respondents and adopted by the Fourth District Court of Appeal would subject virtually any violation of the law, no matter how innocent or in good faith, to statutory penalties. It would lead to an increase in frivolous lawsuits, to deteriorating relationships between park owners and tenants, and inevitably to a decrease in the availability of affordable housing," said Arthur Grebow, author of the brief. The plaintiff in Cacho is a mobilehome park owner. At issue in this case is whether mobilehome park owners in a rent control jurisdiction may require its tenants to pay, in addition to rent, a share of the park's property tax bill. After consulting with the City Attorney's Office on whether the "pass-through" was permissible and getting written assurances that it was, the park owner was ultimately judged to be wrong. The Fourth Appellate District ruled that such a pass-through violated the Mobilehome Residency Law, which limits the type of fees that can be charged in rent control jurisdictions and upheld statutory penalties of $23,000 – more than twice the amount of compensatory damages - against the park owner who was assessed the penalty for a willful violation of the MRL. CMPA is the second largest statewide association of park owners, dealers and service and industry representatives, and has been representing the manufactured housing industry for more than 17 years. Berger Kahn has more than 40 years of combined experience in manufactured housing community law, helping owners, managers and management companies solve their business and real estate problems. Back
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