Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1269Introduced by Assembly Member Mark StoneFebruary 17, 2017 An act to amend Section 798.16 of add Article 8.5 (commencing with Section 798.90) to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Mark Stone. Mobilehome Residency Law.Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions. Existing law requires the management of a mobilehome park to return an executed copy of the rental agreement to the homeowner within 15 business days after the management has received the rental agreement signed by the homeowner.The Mobilehome Parks Act requires the Department of Housing and Community Development to enact and enforce rules and regulations to protect public health and safety in mobilehome parks. The act requires the department to enter and inspect the parks, as specified, to issue permits, and to send notices regarding violations of the act or the regulations, as specified. Any person who willfully violates the act, building standards related thereto, or rules or regulations adopted by the department pursuant to the act is guilty of a misdemeanor punishable by a fine not exceeding $400 or imprisonment not exceeding 30 days, or both.This bill would require the Department of Fair Employment and Housing to, among other things, perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations of the Mobilehome Residency Law, and imposition of fines or other specified penalties. The bill would authorize an aggrieved resident of a mobilehome park to file a complaint with the department alleging a violation of the Mobilehome Residency Law and would establish procedures for handling this complaint. The bill would authorize this department to adopt any regulations to administer these complaint provisions. The bill would require the Department of Housing and Community Development to annually assess upon the management of a mobilehome park subject to the Mobilehome Residency Law a registration fee of $5 for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this bill. The bill would authorize management to pass this fee on to the owner of each mobilehome.The bill would require all fees and fines collected pursuant to this bill to be deposited in the Mobilehome Residency Law Protection Fund, which would be established in the State Treasury, and made available, upon appropriation, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this bill.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to provide homeowners and residents with a cost-effective, time-efficient process to resolve disputes regarding alleged violations of the Mobilehome Residency Law.SEC. 2. Article 8.5 (commencing with Section 798.90) is added to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, to read: Article 8.5. Mobilehome Owner and Resident Protection798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.SECTION 1.Section 798.16 of the Civil Code is amended to read:798.16.(a)The rental agreement may include other provisions permitted by law, but is not required to include specific language contained in state or local laws that are not a part of this chapter.(b)Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner.
Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1269Introduced by Assembly Member Mark StoneFebruary 17, 2017 An act to amend Section 798.16 of add Article 8.5 (commencing with Section 798.90) to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Mark Stone. Mobilehome Residency Law.Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions. Existing law requires the management of a mobilehome park to return an executed copy of the rental agreement to the homeowner within 15 business days after the management has received the rental agreement signed by the homeowner.The Mobilehome Parks Act requires the Department of Housing and Community Development to enact and enforce rules and regulations to protect public health and safety in mobilehome parks. The act requires the department to enter and inspect the parks, as specified, to issue permits, and to send notices regarding violations of the act or the regulations, as specified. Any person who willfully violates the act, building standards related thereto, or rules or regulations adopted by the department pursuant to the act is guilty of a misdemeanor punishable by a fine not exceeding $400 or imprisonment not exceeding 30 days, or both.This bill would require the Department of Fair Employment and Housing to, among other things, perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations of the Mobilehome Residency Law, and imposition of fines or other specified penalties. The bill would authorize an aggrieved resident of a mobilehome park to file a complaint with the department alleging a violation of the Mobilehome Residency Law and would establish procedures for handling this complaint. The bill would authorize this department to adopt any regulations to administer these complaint provisions. The bill would require the Department of Housing and Community Development to annually assess upon the management of a mobilehome park subject to the Mobilehome Residency Law a registration fee of $5 for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this bill. The bill would authorize management to pass this fee on to the owner of each mobilehome.The bill would require all fees and fines collected pursuant to this bill to be deposited in the Mobilehome Residency Law Protection Fund, which would be established in the State Treasury, and made available, upon appropriation, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this bill.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 30, 2017
Amended IN Assembly March 30, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1269
Introduced by Assembly Member Mark StoneFebruary 17, 2017
Introduced by Assembly Member Mark Stone
February 17, 2017
An act to amend Section 798.16 of add Article 8.5 (commencing with Section 798.90) to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1269, as amended, Mark Stone. Mobilehome Residency Law.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions. Existing law requires the management of a mobilehome park to return an executed copy of the rental agreement to the homeowner within 15 business days after the management has received the rental agreement signed by the homeowner.The Mobilehome Parks Act requires the Department of Housing and Community Development to enact and enforce rules and regulations to protect public health and safety in mobilehome parks. The act requires the department to enter and inspect the parks, as specified, to issue permits, and to send notices regarding violations of the act or the regulations, as specified. Any person who willfully violates the act, building standards related thereto, or rules or regulations adopted by the department pursuant to the act is guilty of a misdemeanor punishable by a fine not exceeding $400 or imprisonment not exceeding 30 days, or both.This bill would require the Department of Fair Employment and Housing to, among other things, perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations of the Mobilehome Residency Law, and imposition of fines or other specified penalties. The bill would authorize an aggrieved resident of a mobilehome park to file a complaint with the department alleging a violation of the Mobilehome Residency Law and would establish procedures for handling this complaint. The bill would authorize this department to adopt any regulations to administer these complaint provisions. The bill would require the Department of Housing and Community Development to annually assess upon the management of a mobilehome park subject to the Mobilehome Residency Law a registration fee of $5 for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this bill. The bill would authorize management to pass this fee on to the owner of each mobilehome.The bill would require all fees and fines collected pursuant to this bill to be deposited in the Mobilehome Residency Law Protection Fund, which would be established in the State Treasury, and made available, upon appropriation, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this bill.This bill would make nonsubstantive changes to these provisions.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions. Existing law requires the management of a mobilehome park to return an executed copy of the rental agreement to the homeowner within 15 business days after the management has received the rental agreement signed by the homeowner.
The Mobilehome Parks Act requires the Department of Housing and Community Development to enact and enforce rules and regulations to protect public health and safety in mobilehome parks. The act requires the department to enter and inspect the parks, as specified, to issue permits, and to send notices regarding violations of the act or the regulations, as specified. Any person who willfully violates the act, building standards related thereto, or rules or regulations adopted by the department pursuant to the act is guilty of a misdemeanor punishable by a fine not exceeding $400 or imprisonment not exceeding 30 days, or both.
This bill would require the Department of Fair Employment and Housing to, among other things, perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations of the Mobilehome Residency Law, and imposition of fines or other specified penalties. The bill would authorize an aggrieved resident of a mobilehome park to file a complaint with the department alleging a violation of the Mobilehome Residency Law and would establish procedures for handling this complaint. The bill would authorize this department to adopt any regulations to administer these complaint provisions.
The bill would require the Department of Housing and Community Development to annually assess upon the management of a mobilehome park subject to the Mobilehome Residency Law a registration fee of $5 for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this bill. The bill would authorize management to pass this fee on to the owner of each mobilehome.
The bill would require all fees and fines collected pursuant to this bill to be deposited in the Mobilehome Residency Law Protection Fund, which would be established in the State Treasury, and made available, upon appropriation, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this bill.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to provide homeowners and residents with a cost-effective, time-efficient process to resolve disputes regarding alleged violations of the Mobilehome Residency Law.SEC. 2. Article 8.5 (commencing with Section 798.90) is added to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, to read: Article 8.5. Mobilehome Owner and Resident Protection798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.SECTION 1.Section 798.16 of the Civil Code is amended to read:798.16.(a)The rental agreement may include other provisions permitted by law, but is not required to include specific language contained in state or local laws that are not a part of this chapter.(b)Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to provide homeowners and residents with a cost-effective, time-efficient process to resolve disputes regarding alleged violations of the Mobilehome Residency Law.
SECTION 1. It is the intent of the Legislature to provide homeowners and residents with a cost-effective, time-efficient process to resolve disputes regarding alleged violations of the Mobilehome Residency Law.
SECTION 1. It is the intent of the Legislature to provide homeowners and residents with a cost-effective, time-efficient process to resolve disputes regarding alleged violations of the Mobilehome Residency Law.
### SECTION 1.
SEC. 2. Article 8.5 (commencing with Section 798.90) is added to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, to read: Article 8.5. Mobilehome Owner and Resident Protection798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.
SEC. 2. Article 8.5 (commencing with Section 798.90) is added to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, to read:
### SEC. 2.
Article 8.5. Mobilehome Owner and Resident Protection798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.
Article 8.5. Mobilehome Owner and Resident Protection798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.
Article 8.5. Mobilehome Owner and Resident Protection
Article 8.5. Mobilehome Owner and Resident Protection
798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.
798.90. This article shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act of 2017.
798.91. The Department of Fair Employment and Housing shall do all of the following:(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:(1) The number of violations of this chapter that were substantiated.(2) The nature and extent of the complaints received.(3) The alleged violation of this chapter.(4) The dispute outcomes for each complaint.
798.91. The Department of Fair Employment and Housing shall do all of the following:
(a) Produce written materials regarding this article, including a notice in a format which management can reasonably post in a mobilehome community that summarizes resident rights and responsibilities, including information on how to file a complaint with the Department of Fair Employment and Housing, and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints pursuant to the article.
(b) Perform dispute resolution activities, including investigations, negotiations, informal hearings determinations of violations, and imposition of fines or other penalties pursuant to Section 798.92.
(c) Collect and make available on a publicly searchable Internet database, at a minimum, the following information:
(1) The number of violations of this chapter that were substantiated.
(2) The nature and extent of the complaints received.
(3) The alleged violation of this chapter.
(4) The dispute outcomes for each complaint.
798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.(b) Upon receiving a complaint, the department shall do all of the following:(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.
798.92. (a) An aggrieved resident may file a complaint with the Department of Fair Employment and Housing alleging a violation of this chapter.
(b) Upon receiving a complaint, the department shall do all of the following:
(1) Inform the complainant of any notification requirements under the chapter for resident or management violations and encourage the complainant to appropriately notify the respondent of the complaint.
(2) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under this chapter for resident or management violations, as applicable.
(3) Investigate the alleged violations at its discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.
(c) Complainants and respondents shall cooperate with the department in the course of an investigation. Failure to do so shall be deemed a violation of this article.
(d) If after an investigation the department determines that an agreement cannot be negotiated between the parties, the department shall make a written determination as to whether a violation of this chapter has occurred.
(e) If the department finds by a written determination that a violation of this chapter has occurred, the department shall deliver a written notice of violation to the respondent person or entity who committed the violation by certified mail. The notice of violation shall specify the violation, the corrective action required, the time within which the corrective action shall be taken, the penalties, including fines, and any actions that will result if corrective action is not taken within the specified time period, along with the process for contesting any determination, findings or penalties contained in notice of violation pursuant to an administrative hearing. The department shall also deliver to the complainant a copy of the notice of violation by certified mail.
(f) If the department finds by a written determination that a violation of this chapter has not occurred, the department shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation shall include the process for contesting the determination by way of an administrative hearing.
(g) Corrective action shall take place within 30 business days of the respondents receipt of a notice of violation, except as required otherwise by the department, unless the respondent has submitted a timely request for an administrative hearing. If a respondent fails to take corrective action within the required time period and the department has not received a timely request for an administrative hearing, the department may impose a fine of not more than two hundred fifty dollars ($250) per violation, per day, for each day that a violation remains uncorrected. If the respondent shows good faith effort has been made to comply with the corrective action requirements of the notice of violation and that the corrective action has not been completed because of mitigating factors beyond the respondents control, the department may delay the imposition of any fine or other penalty.
(h) The department may issue an order requiring the respondent, or respondents assignee or agent, to cease and desist an unlawful practice, or to take affirmative action, or both, that, in the judgment of the department, will carry out the purposes of this article.
(i) The department may, so as to ensure compliance from parties who have agreed to a settlement, require that the terms of the settlement be memorialized in a written agreement, a signed copy of which shall be furnished to the department, and may further require that the parties agree therein to enforcement by the department if one or both parties fail to comply with the terms of the settlement agreement.
(j) If the department imposes a fine, refund, or other penalty against a respondent, the respondent shall not seek or receive any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from any other homeowner or resident, whether in the form of a rent increase or any other mobilehome home park charge.
(k) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant shall be deposited into the Mobilehome Residency Law Protection Fund.
(l) This section does not limit the right of residents or management to take legal action against another party. Exhaustion of the administrative remedy provided in this article is required before taking legal action regarding any violations of this article. This section shall not apply to unlawful detainer actions initiated prior to the filing and service of an unlawful detainer court action. However, a tenant shall not be precluded from seeking separate relief under this article if the complaint claims the notice of termination violates this chapter prior to the filing and service of an unlawful detainer action.
798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.
798.93. The Department of Fair Employment and Housing may adopt any regulations to administer this article.
798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.
798.94. The Department of Fair Employment and Housing, its director, or individuals acting on behalf of the department or director shall be immune from any and all liability or suit, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except in the case of intentional or willful misconduct.
798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.
798.95. The Department of Fair Employment and Housing may in its sole discretion investigate potential violations of this chapter that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.
798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome. (b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.
798.96. (a) The Department of Housing and Community Development shall annually assess upon the management of a mobilehome park subject to this chapter a registration fee of five dollars ($5) for each mobilehome located within the mobilehome park for the purpose of providing the complaint resolution process described in this article. The management may pass this fee on to the owner of each mobilehome.
(b) All fees and fines collected pursuant to this article shall be deposited in the Mobilehome Residency Law Protection Fund, which is hereby established in the State Treasury. Funds within the Mobilehome Residency Law Protection Fund shall be made available, upon appropriation by the Legislature, to the Department of Housing and Community Development and the Department of Fair Employment and Housing for costs of administering this article.
(a)The rental agreement may include other provisions permitted by law, but is not required to include specific language contained in state or local laws that are not a part of this chapter.
(b)Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner.