Publications

PARKWATCHTM August-September 2017

Parent Charged with Felony Murder: 3 Year Old Drowns in Pool: Still, FHAA Prohibits Supervision Rules

PARKWATCHTM July - August, 2017

Protecting Seniors from Elder Abuse: Move-Out Orders - How We Can Help?

- The MRL's Absence of Protection for Seniors Can be Supplemented with Management Help from the Elder Abuse and Dependent Adult Civil Protection Act, Domestic Violence Prevention Act

- The Scope of the Mushrooming Epidemic:

For Every elder abuse case, there are 24 unreported cases.

- Observations of Concerns Amid a Mushrooming Epidemic: A Desire to Help, The Reluctant Good Samaritan

- Warning Signs and Indicators of Caregiver Elder Abuse. Financial Elder Abuse

- Signs of Elder Abuse: Who are The Abusers?

- Immediate Actions NOW if Suspected Elder Abuse is Active and Ongoing

- Your Resident May Seek a Move-Out Order to Immediately Oust the Abuser

- Move-Out Order -NOW- under EADACPA

- Your Resident May Seek a DVPA Move-Out Order to Immediately Oust the Caregiver

- Kick-Out Order -NOW - under the DVPA

- Your Resident May Seek a Civil Harassment Restraining Order and Injunction

- What is "Elder Abuse"??

PARKWATCHTM June, 2017

As Predicted Here, L.A. County Rent Control Threat is Back?

- Duties of the Owner to Investors and Fiduciaries to Protect Market Position

- Educating Residents to the Benefits of Leasing for all Parties.

- Leasing Avoids Government Fees and Charges fo Rent Control Administration

PARKWATCHTM May, 2017

Delete Attorney's Fees Clauses? Only Park Owners Can Afford to Pay Them

Senate Judiciary Comittee, GSMOL, Reject Resident Protection Bill!

- GSMOL Dsicriminates against own homeowners--Wants Less

Protection than Apartment Tenants

PARKWATCHTM March, 2017

●Full Rent Increase Without Hearings or Court Orders; City Stuck with Illegal Law. Effort to Collaborate for Solutions Declined. Do They Take Pride in Maintaining a Contentious Relation with Owners?

● Why Vacancy Controls Should be Criminalized. California cities and counties continue to reduce affordable housing opportunity.

PARKWATCHTM January-February, 2017

Can Your Buyer Rely on "Opinions" About The Park?

- Duties of the Seller's and Agents of Mobilehome Parks

Defending (and Winning) a Class Action for Breach of Tenancy Duties and

Unfair Business Practices

- Summary Judgment Ends Case Even Before Class Certification

PARKWATCHTM, November, 2016

NEW LAWS FOR 2017

● OFFER THE 2017 MRL!

● UPDATED ANNUAL RESIDENT NOTICE

AMNESTY FOR THE UNREGISTERED

POSES QUESTIONS, CHALLENGES

AIR B&B: A PROBLEM FOR PARK

OWNERS? MAYBE NOT.

PARKWATCHTM, September-October, 2016

OVERTIME REGULATIONS: - OBAMA JOB-KILLER

(EFFECTIVE DEC. 1, 2016)

PARKWATCHTM, July-August, 2016

WHY PARK OWNERS SHOULD PAY FOR ARBITRATION

(INABILITY OF THE TENANT TO PAY MEANS YOU ARE BACK IN COURT, SAYS THE 9TH CIRCUIT)

● SLOPPY MANAGEMENT DUPED BY HIDDEN LEASE MODIFICATIONS

● RECOGNIZING HOSTILE HOUSING ENVIRONMENT CLAIMS UNDER FHA & CAL. FEHA

● 2016: NEW EMPLOYMENT LAW REGULATIONS.

PARKWATCHTM, June, 2016

POOLS AND SUMMER

● U.S. v. Plaza Prohibits Parental Supervision, Access, Hours, Rules for Kids

● Avoiding Liability Under The FHAA

PARKWATCHTM, April, 2016 (VOL II)

AB2351 dead!

● Lease attack over, For Now!

● So what do I do?

No, what do you have a duty to do?

PARKWATCHTM, March, 2016

DOWDALL OFFICES SQUASH TENANT CLASS ACTION FOR MRL VIOLATIONS AND UNFAIR BUSINESS PRACTICES. SUMMARY JUDGMENT ENDS CASE EVEN BEFORE CLASS CERTIFICATION.

● Evictions are expensive. When they backfire, stopping further damage is critical. Lessons learned from an owner that got it right without lengthy delay. Dowdall stops tenant class action on motion for summary judgment without park records to show pass-through calculations, explanations or justifications.

PROPERTY MANAGEMENT BEATS LIABILITY RAP FOR MURDERED TENANTS.

● Rent controls predicted to increase tenant-on-tenant crime and violence. Evictions against dangerous tenants expected to decrease.

● Evictions are expensive and many times uncertain. One contested eviction can sap the income from a space for a year or more. Under rent controls, there is no immediate and automatic reimbursement for eviction costs. A new case suggests that if the tenant will be likely to retaliate against witnesses anyway, the eviction may not be in the best interest of the landlord or other tenants. If there is no duty to evict, do we wait to see if the risk materializes into harm? If so, do we then demand the insurance company to defend and settle the claims? It is likely that raising the insurance limits is more economical that fighting with violent tenants who pay rent.

IT IS PREDICTED THAT RENT CONTROL WILL RESULT IN MORE EXPOSURE TO VIOLENCE AND HARM. DANGEROUS TENANTS WHO PAY RENT WILL BE ABLE TO STAY BECAUSE IT IS EVEN ARGUABLY MORE DANGEROUS, EXPENSIVE, AND UNCERTAIN TO PURSUE EVICTION. It is time to re-evaluate the realities for park owners under rent controls.

● Cash-strapped owners are not reimbursed with pass-throughs for the cost for the efforts;

● Witness retaliation for eviction makes harm even more likely;

● Deferring eviction avoids more certain injurious witness retaliation;

● It is less expensive to pay an insurance deductible than to wage an eviction and deal with collateral retaliation for 2 months before court filings;

● Unlike other landlords, mhp owners have needless delays, unavoidable unreimbursed expenses and WMA legislative efforts to speed up termination are actively opposed despite dozens of examples of good tenants being victimized.

TENANT LAWYERS MAKE A "MESS" OF A CLASS ACTION AGAINST TATUM-KAPLAN; TENANTS FAIL TO DRAFT COGNIZABLE CLAIMS AGAINST T-K PARKS.

● This is an unusual ground-breaking theory of a case, aimed at all parks in an owner's portfolio. But class action judicial tolerance for tomfoolery only goes so far, and went out of bounds in this case decided in the court of appeal in San Diego. Even the tenant's lawyers said the suit was a "mess."

● Case dismissed.

PARKWATCHTM, JANUARY, 2016

Santa Clarita Rent Control Board Rejects Housing Director and Dismisses Tenant Appeal!

  • Santa Clarita Rent Control Tenant Appeal Rejected, Allowing Rent Increase To Stand
  • Arbitration Corner, California Courts Reprimanded Again for "Non-Sensical" (per 9th Circuit) Arguments
  • Vetting Additional Occupants in the Household

PARKWATCHTM, DECEMBER 2015

HOW TO WIN A RENT CONTROL WAR: 2016 IS HERE! THE YEAR OF THE RENT CONTROL BATTLE?

  • Why Are We Here. . . ?
  • What Do We Know Won't . . . ?
  • Save the frail elderly from Tenant proponents
  • What Do They Want . . . ?
  • What Is Rent Stabilization. . . ?
  • Remain Passive and . . .
  • Preventive Measures - Generally.
  • Know the Issue!!
  • Alternatives to Rent Control
  • Perceptions of Adverse Consequences . . .
  • Proponents of Rent Control as Prevaricators
  • Your Official Policy.
  • Direct Subsidies ...
  • Discussing Rent Control at . . .
  • At the Council . . .
  • Hands off the Tenant Sex Offenders . . .
  • Tips for Hiring Professional Consultants
  • What to Do When Rent Control Is Already in Place
  • City of Richmond. Escaping into the Light
  • Bottom Line: the Courts Just Do Not Care. So,
  • Pro Active planning before the "Call to Arms."

PARKWATCHTM, NOVEMBER 2015

  • $640 RENT INCREASES: Jump the Bandwagon or Too Late?
  • Rent Control Challenges-Senior Parks the Cause
  • Pre-Rent Control: A Fleeting, Precious Opportunity
  • Failing to Try for Market Rents: Management Malfeasance?
  • Honoring HUD's "adult supervision" bar, while appeasing mandated rules of the State of California

PARKWATCHTM, OCTOBER 2015

  • What You Need to Know for 2016
  • NEW LAWS if You Missed Reno
  • Black October: Cal. Dem's and Housing Tax Credits
  • Around the Campfire: Reasons for Cautious Optimism

PARKWATCHTM, AUGUST-SEPT 2015 (General MHP Audience)

  • SCREENING: Should You Care?
  • Criminal Background Checks and Discrimination?

PARKWATCHTM, JULY 2015 (Vol. II)

  • "Tea and Sympathy:" Unsuspecting Seniors Need to Beware of Con Artist Caregivers
    • (California Prevents the Unscrupulous from Weaseling in to Take Over an Elder's Estate)

PARKWATCHTM, JULY 2015 (General MHP Audience)

  • Improper Charges, Fees Management Should Not Charge?
  • Fees and Charges: the Rules We must Follow

Pools and Summer, Again: U.S. v Plaza Estates

  • A Reminder: Federal Requirements:
  • The FHA
  • Samples of Illegal Rules
  • Rules Which Treat Kids Differently Constitute Illegal Discrimination
  • Parental Responsibilities Under California Law
  • What can management do?

PARKWATCHTM, JUNE 2015 (General MHP Audience)

  • Time to Delete Attorney's Fees Clauses? Yes.

PARKWATCHTM, MARCH, 2015 (General MHP Audience)

  • Exit from the Older Rent-Controlled Park: Re-Couping the Damage
    • Sell?
      • Convert?Subdivide?Peer-to-Peer sale?Sell to Re-Develop?

PARKWATCHTM, FEBRUARY, 2015 (General MHP Audience)

  • Workers Entitled to On-Call Time, Says Supreme Court in Surprise Decision (Profound Implications for Many in the Workplace)

PARKWATCHTM, January, 2015, Part I (General MHP Audience)

  • Oceanside Hearing Officer Rejects City Expert James Gibson and Rent-Setting Based on "Depreciated Net Book Assets"

PARKWATCHTM, December, 2014, Part II

  • 2015: Time to Review Annual Notices and Disclosures to All Residents
    • What You Need to Know for 2015

PARKWATCHTM, December 2014

  • Say Good-Bye To Rent Controls: No More Courts, Books Or Tenant's Dirty Looks.

PARKWATCHTM, November 2014

  • The risk of a court challenge has mushroomed, due to a new case which upholds a $66,000 claim for administrative record preparation. In some areas, a large record could result in similar exposure.
  • Let's focus on rent control. What are your options? Are there are other alternatives? Yes! This guide is an A-Z Checklist / Outline of issues/ideas to cover in any rent control scenario, from threat to reality.

PARKWATCHTM, July 2014

  • So You Want to Allow Voting in the Clubhouse. Great! Let's Be Sure Your Facility Complies with ADA Requirements

PARKWATCHTM, June 2014

  • How to Settle Disputes For Less Than the Amount Due,
  • How to Avoid Traps for the Unwary in Receiving Partial Payments
  • Illegal Charges You Cannot Impose

PARKWATCHTM, May 2014

  • Classification of Additional Occupants
  • HUD, DFEH Exalt Rights of White Senior Residents over Minorities and Minority Families in the West (Huntington Beach, Oceanside, Yucaipa, Hemet) without Regard to Required Facilities and Services in California law. East Coast Offers Full FHA Protections.

PARKWATCHTM, April 2014

PARKWATCHTM, February 2014

  • BPCAs - A Tenant Sledgehammer
  • Why Class Action is So Dangerous
  • Should I be Concerned?
  • Audit All Documents, Practices

PARKWATCHTM, January 2014

  • FTM Suits Can be Predicted by Residents' Psychological Attitude
  • Park Conditions? -May Not Matter-
  • Take this test to Measure Your Risk in 2014

Indicators for Property Rights Optimism in the Legislature, for 2014, WMA Reporter, 2013

PARKWATCHTM, November 2013

PARKWATCHTM, October 2013

In this Issue:

  • Right to Sue Tenant for Libel Upheld;
  • Carson Rent Controls Prevail Again;
  • Elder Care--Caregivers Cannot Receive Bequests

PARK WATCH, Vol. II, September, 2013 (Special Bulletin)

  • Governor Brown Signs SB 5410 into law.

PARKWATCHTM, September, 2013:

(1031 Exchanges, Obamacare Notice Due October 1, 2013, Government Takes Over Property Management in LA, Lessons from the Eviction Court Trenches, Employers Liable for Employee Yogurt Runs)


Your Courtesy Copy of PARK WATCHTM, with Our Compliments

In this Issue:
  • Exchanging Parks On Ground Leases Fails
  • October 1st Deadline Looms For Notice To Employees
  • Creeping Government Control Over Rent Collection
  • Real Life Eviction Lessons And Strategies
  • Employer Liable For Employee's Personal Yogurt Run.

Coming Events:

WMA Convention
Reno: October 14-15, 2013.

Owner Legal Seminar
(Benefitting WMA & MHET)
Yorba Linda, October 30

PARKWATCH, August, 2013:

  • Exchanging Parks on Ground Leases Fails
  • October 1st Deadline Looms for Notice to Employees
  • Creeping Government Control Over Rent Collection
  • Real Life Eviction Lessons and Strategies
  • Employer Liable for Employee's Personal Yogurt Run

PARKWATCH, August, 2013:

  • Supreme Court Stomps Out Consumer Class Actions:
  • Time for Owners to End FTM Risks By Including FAA Arbitration in Residency Documents

PARK WATCH, July, 2013 Special Bulletin: Attorney General Opinion Re: Park-owned Home Rentals.

PARK WATCH, July, 2013:

  • July 2013 CASp Disclosure Not Applicable to Mobilehome Parks
  • $118,458 to Prevailing Defendants Against ADA Claim
  • Terry R. Dowdall Receives Freedom Fighter Award from CMPA in Las Vegas

PARK WATCH, June, 2013 - HUD Explains the Federal View of Service Animals and Pets. Service Animals No Longer Subject to Breed, Size Limitations

PARK WATCH, May, 2013 - Are Conversions a "Bona Fide" Exit Strategy? - Yes, if Not to Avoid Rent Controls, According to the Residents!

PARK WATCH, January-February, 2013

  • Resident Bailouts
  • Dealing with Lenders
  • New HUD Regs, eff. 2/15/13 ("disparate effects")
  • Tenants Can Stay Free!

PARK WATCH, December 2012

California's "Split Roll Initiative" and Tax Pass-Throughs: Bullet-Proofing Your Rent Revenue Against the Blue Tide - How a Park Owner May Bullet-Proof Property Tax Pass-throughs, even under Rent Controls, Against Future Challenges from Sacramento's Veto-Proof Political Power, Without A Fight

  • Split Roll Initiative: New Trouble for Park Owners And What to Do About It
  • 2013, Summary of New Laws and Sample Notices
  • Kasey C. Phillips, Esq. Joins Dowdall Law Offices, A.P.C

Important Notice To All Manufactured Home/Mobilehome Owners (Required Notice Of Rights And Duties Per California Law, To Be Given Each Year)

PARK WATCH, November-December 2012

  • Eviction Procedures for Defaulting Mobilehome Tenants
  • Death Knell for Subdivision Proposals in Coastal Mobilehome Parks?
  • Screening: Criminal Background Checks, Fair Housing and Discrimination

PARK WATCH, October 2012

  • New California Pool Sign Regulations Violate Federal Fair Housing Act
  • Rule Amendments and How To Implement Them Sample Notices
  • State Revamps Housing Complaint Procedure: Courts, Gov't Attorney's Fees OK
  • Myopic Act to Ban Arbitration Curbed due to Preemption

Annual Notice Requirement, for Service on homeowners every year by February 1st. Three versions for your information:

  1. Normal Size for All Communities
  2. Large Print for Older Persons Communities.
  3. Two Notices per page, to economize on use of paper.

Don't Violate the Mobilehome Residency Law and Get Sued for Failing to Give Notice!
Caveat: WMA sells these notices at less than your cost of copying.

Understanding the FHAA and the ADA, a Simple User's Guide for the Mobilehome Park Owner(Reprint of July, August WMA Reporter Feature Articles)

PARKWATCH, August-September, 2012

  • ADA and FHA, A simple guide to Compliance
  • Title 25, When are Permits Required
  • Sample Rule
  • Permit Requirements
  • New CO Regulations
  • Pit Bulls Adjudged "Inherently Dangerous

PARKWATCH, June, 2012

  • N.Y. Court Awards Free Rent Indefinitely!
  • Mendocino County Rejects Rent Controls
  • CFPB on the Move; Regs Available
  • Gov. Brown Embarrassed by Charlie Rose; Cali. Worst State for Business, Again
  • Revisiting Loan Guarantors
  • Sex Offender Disclosure Protected
  • HUD Awards 4.3M to Sue You
  • U.S. v Plaza legacy Continues
  • No Liability for Trivial Defects!

PARKWATCH, April-May, 2012

  • U.S.S.C. Refuses to Hear N.Y. Rent Control Challenge
  • Disabled Tenants Lie; Marijuana Not a Reasonable Accommodation per Federal Law
  • A Proposed Marijuana Rule and Regulation
  • Is Your Manager a George Zimmerman Waiting to Happen ("SYG" Laws)
  • Fiscal Impacts of Rent Control
  • Sargent Shriver Civil Counsel Act - Why You Might Delete Attorney's Fees Clauses
  • Employer Meal and Rest Break Obligations
  • More Fair Housing Regulators on the Way
  • C.F.P.B. to A.B.A.: "No More Attorney-Client Privilege"
  • Tenant Can't Cancel Notice to Quit
  • Parents Sue Park: No Smoke Detector - Killed Infant

PARKWATCHTM, March 2012

  • High Court Unanimously Slaps Down EPA Brutality Against Property Owner
    (Relief for persecuted property owners)
  • Chelu Travieso
    (1950-2012)
  • A "Loan Workout Plan" Is Not an Agreement to "Modify" a Loan
    (Working with tenants in hard times)
  • Crawford v. BNSF Railway Company: Workplace Policy Trumps Sex Harassment Claim
    (Real protection in employment policy manuals)
  • Santa Monica Rent Board Errs in Rent Reduction Order
    (Change in sauna services--from 1 hour switch to 25 minutes, not service reduction)
  • Consumer Financial Protection Bureau Enforcement Activity to Launch - "Non-Banks" Included
    (CFPB is coming to your town soon)
  • If You Have an Arbitration Clause, Pay the Fees
    (Trickery denounced by court)
  • Ninth Circuit Preempts Cal. Arbitration Law
    (harbinger re nullification of MRL arbitration restrictions on Supremacy Clause grounds)
  • Using Volunteers: What Policies Do You Have in Place?
    (Risks of using volunteers for park owners)
  • HCD Agency Annuls Development Fee for Mobilehome Installation
    (HCD slaps a city with revocation of enforcement authority)

PARKWATCH Mobilehome Lenders Subject to New Federal Anti-Money Laundering Regulations - Effective April 16, 2012

PARKWATCH Risk Tolerance -New Strategies in 2012

WMA Reporter December 2011

Tyler R. Dowdall, Esq., New Law re: Credit Card User RightsTerry Dowdall presentation

PARK WATCH: August-September, 2011: S.A.F.E. Act: A 12 Step Program for Compliance

PARK WATCH: July, 2011: How Can We Keep People Like This Out of Your Park? Applicant Screening Trends and Issues

WMA POSITION ON ANDRADE ARBITRATION CASE (July, 2011) Court of Appeal, Sixth Appellate District, Santa Clara County

AT&T Mobility v. Concepcion: Supreme Court Holds California Cannot Require Class Proceedings to Be Available in Arbitration

Fountain Valley Estates Acquired by Affiliate of Kort and Scott for $33,375,000.00

Arbitration and Reference Clauses Doomed to Trial Judge Discretion, Rules California Supreme Court

Governor Brown: a Cause for Alarm for Park Owners, Avoiding Disability Claims, Subdivision Approval Overturned, FTM Strikes Again

UPDATE on Red Flags Rule. Clarification Act signed December 18, 2010, Effective January 1, 2011. May Relieve Duty of a Written Plan for Many Owners!

CMPA Retains DLO to Seek De-Publication of Erroneous Dicta in Colony Cove Appellate Ruling

16 Ways To Lose an Eviction; Red Flags Rule Compliance Procedure to be Implemented By December 31, 2010.

To Subdivide or Not to Subdivide; 2011 MRL Does Not Require Distribution; 1 Page Lease Extensions

PARK WATCH: July, 2010: Reprieve From S.A.F.E. Act; Fire Hydrants; Emergency Preparedness Manual Deadline Nears

PARK WATCH, JUNE 2010 (United States v. Plaza Mobile Estates: FHAA Age Regulations; Parental Responsibility Trumps Owner Rules)

Why Vacancy Controls are Irrational, Punitive, and Deprive the Needy of Any Benefits of Rent Controls

Court of Appeal Rejects Carson Subdivision Bid

Park Residents Hit with $370,000 in Litigation Costs

Court of Appeal Strikes Down Rejection of Subdivision Application -- Again

Emergency Preparedness and Evacuation Plans Required in California Parks

Anti-Competitive Business Practices: You Cannot Choose Residents' Dealers

Hoffman v. Smithwoods RV Park:

Incoming Mobilehome Standards: Park Owner May Require New Standards from an Heir without Amending Rules

Failure to Maintain Lawsuits: Community Organizers Defeated in Pursuit of Illicit Gain

HCD ANNUAL FEES HIKES: OR WHY THE BUCK STOPS HERE

HCD MEMORANDUM ANNOUNCEMENT (October, 2009): 2009 Legislative Change to the Mobilehome Park Permit to Operate and Per Lot Fees

Emergency Plans for Mobilehome Parks, (approved by the Standardized Emergency Management System Advisory Board on November 21, 1997, as per SB 23, eff. January 1, 2010. Prior to September 1, 2010, all parks must adopt and post notice at the clubhouse (otherwise a conspicuous location), an emergency preparedness plan that may include either this 1997 plan adopted by the Cal. O.E.S. or any subsequent version, or an equivalent park plan).

WMA New Laws for 2010: Seminar Slide Presentation

AB 566 Vetoed! But, it does not end here...

The Letter Every Park Owner Wants

DLO Strikes Down San Mateo Rent Control Law

City of Colton Loses Preemption Battle over Rent Law

Sonoma County Subdivision Regs Struck Down

The Risks of Suing Landlords

$100 Rent Increase and Vacancy Decontrol Negotiated Under Rent Controls

Immigration and Residency Status - A New Protected Class

Injunctions for Dangerous Conduct - Occasionally the Right Remedy?

Long-term Leases - What Tenants Do Not Hear When They Listen

Lease Pass-Throughs - The Early Case No One Remembers

HEADS-UP! Tenant Solicitation Underway in California for FCRA Class Actions

HCD Acquires Jurisdiction Over Spills in Mobilehome Parks

Lingle v. Chevron - Don't 'Banc' on the 9th Circuit

Berger v. Escondido - Vacancy Decontrol, The "End Game"

No End to the Efforts to Over-regulate the Manufactured Housing Industry

Park Watch, April, 1999, Dowdall Sues San Marcos, Wins

San Marcos Rocked By Court Judgment Reversing Decision To Deny Rent Increase