Zipp

On this appeal by defendants in an unlawful detainer action from a judgment, rendered after a trial to the court, we are asked to address issues of first impression arising out of the Mobilehome Residency Law (Civ. Code, § 798 et seq.), and the Mobilehome Parks Act (Health & Saf. Code, § 18200 et seq.). In particular, we are called upon to decide whether omission strictly to comply with the notice to "legal" and "registered" owner procedure established by section 798.55, subdivision (b) of the Civil Code defeats the landlord's right to maintain an unlawful detainer action under the Mobilehome Residency Law. We also resolve the issue whether the "adults only" restrictions of a mobilehome lease, incorporating the mobilehome park's written rules and regulations, may lawfully serve as a basis for a mobilehome tenant's eviction in light of certain provisions of the Mobilehome Residency Law, the Mobilehome Parks Act and the Unruh Civil Rights Act (Civ. Code, §§ 51, 53) as well as federal and state constitutional guarantees of equal protection, due process and privacy. (U.S. Const., Amend. XIV; Cal. Const., art. I, §§ 1, 7, and 13.)

For reasons which we shall…