Amended IN Assembly May 01, 2017 Amended IN Assembly April 17, 2017 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 Sections 12980 and 12981 of, and to add Article 3 (commencing with Section 12989.50) to Chapter 7 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to mobilehomes, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Mark Stone. Mobilehome Residents and Senior Protection Act.The California Fair Employment and Housing Act establishes the Department of Fair Employment and Housing, under the direction of an executive officer to, among other things, receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful under the act. The act establishes procedures for the prevention and elimination of discrimination in housing made unlawful under its provisions, including authorizing any person claiming to be aggrieved by an alleged violation of specified provisions to file a verified complaint in writing with the department. The act requires the department to investigate an alleged violation and, in the case of failure to eliminate a violation that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, requires the director to file a civil action in the name of the department on behalf of that person. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. That law, among other things, 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, requires the management to meet and consult with homeowners, either individually, collectively, or with representatives of a group of homeowners, on specified matters within 30 days of a written request to do so, and prohibits management from terminating or refusing to renew tenancy within a park, except for specified reasons and upon giving written notice to the homeowner.This bill would extend the application of the above-described enforcement procedures for the prevention and elimination of discrimination in housing under the California Fair Employment and Housing Act to apply to the prevention and elimination of actions made unlawful under the Mobilehome Residency Law against homeowners or residents of mobilehomes, as provided. The bill would also authorize the department to investigate potential violations of the Mobilehome Residency Law that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.The bill would require the department 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 this bill would establish in the State Treasury. The bill would continuously appropriate the moneys in the fund to the department for costs of administering this bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act.(b) It is the intent of the Legislature in enacting this act to protect and safeguard the most vulnerable mobilehome homeowners and residents by affording them the enforcement and hearing procedures for housing discrimination, available under Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, for the enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).SEC. 2. Section 12980 of the Government Code is amended to read:12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.SEC. 3. Section 12981 of the Government Code is amended to read:12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.SEC. 4. Article 3 (commencing with Section 12989.50) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read: Article 3. Mobilehome Residents and Senior Protection12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint. 12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. 12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
Amended IN Assembly May 01, 2017 Amended IN Assembly April 17, 2017 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 Sections 12980 and 12981 of, and to add Article 3 (commencing with Section 12989.50) to Chapter 7 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to mobilehomes, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Mark Stone. Mobilehome Residents and Senior Protection Act.The California Fair Employment and Housing Act establishes the Department of Fair Employment and Housing, under the direction of an executive officer to, among other things, receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful under the act. The act establishes procedures for the prevention and elimination of discrimination in housing made unlawful under its provisions, including authorizing any person claiming to be aggrieved by an alleged violation of specified provisions to file a verified complaint in writing with the department. The act requires the department to investigate an alleged violation and, in the case of failure to eliminate a violation that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, requires the director to file a civil action in the name of the department on behalf of that person. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. That law, among other things, 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, requires the management to meet and consult with homeowners, either individually, collectively, or with representatives of a group of homeowners, on specified matters within 30 days of a written request to do so, and prohibits management from terminating or refusing to renew tenancy within a park, except for specified reasons and upon giving written notice to the homeowner.This bill would extend the application of the above-described enforcement procedures for the prevention and elimination of discrimination in housing under the California Fair Employment and Housing Act to apply to the prevention and elimination of actions made unlawful under the Mobilehome Residency Law against homeowners or residents of mobilehomes, as provided. The bill would also authorize the department to investigate potential violations of the Mobilehome Residency Law that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.The bill would require the department 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 this bill would establish in the State Treasury. The bill would continuously appropriate the moneys in the fund to the department for costs of administering this bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 01, 2017 Amended IN Assembly April 17, 2017 Amended IN Assembly March 30, 2017
Amended IN Assembly May 01, 2017
Amended IN Assembly April 17, 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 Sections 12980 and 12981 of, and to add Article 3 (commencing with Section 12989.50) to Chapter 7 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to mobilehomes, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1269, as amended, Mark Stone. Mobilehome Residents and Senior Protection Act.
The California Fair Employment and Housing Act establishes the Department of Fair Employment and Housing, under the direction of an executive officer to, among other things, receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful under the act. The act establishes procedures for the prevention and elimination of discrimination in housing made unlawful under its provisions, including authorizing any person claiming to be aggrieved by an alleged violation of specified provisions to file a verified complaint in writing with the department. The act requires the department to investigate an alleged violation and, in the case of failure to eliminate a violation that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, requires the director to file a civil action in the name of the department on behalf of that person. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. That law, among other things, 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, requires the management to meet and consult with homeowners, either individually, collectively, or with representatives of a group of homeowners, on specified matters within 30 days of a written request to do so, and prohibits management from terminating or refusing to renew tenancy within a park, except for specified reasons and upon giving written notice to the homeowner.This bill would extend the application of the above-described enforcement procedures for the prevention and elimination of discrimination in housing under the California Fair Employment and Housing Act to apply to the prevention and elimination of actions made unlawful under the Mobilehome Residency Law against homeowners or residents of mobilehomes, as provided. The bill would also authorize the department to investigate potential violations of the Mobilehome Residency Law that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.The bill would require the department 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 this bill would establish in the State Treasury. The bill would continuously appropriate the moneys in the fund to the department for costs of administering this bill.
The California Fair Employment and Housing Act establishes the Department of Fair Employment and Housing, under the direction of an executive officer to, among other things, receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful under the act. The act establishes procedures for the prevention and elimination of discrimination in housing made unlawful under its provisions, including authorizing any person claiming to be aggrieved by an alleged violation of specified provisions to file a verified complaint in writing with the department. The act requires the department to investigate an alleged violation and, in the case of failure to eliminate a violation that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, requires the director to file a civil action in the name of the department on behalf of that person.
The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. That law, among other things, 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, requires the management to meet and consult with homeowners, either individually, collectively, or with representatives of a group of homeowners, on specified matters within 30 days of a written request to do so, and prohibits management from terminating or refusing to renew tenancy within a park, except for specified reasons and upon giving written notice to the homeowner.
This bill would extend the application of the above-described enforcement procedures for the prevention and elimination of discrimination in housing under the California Fair Employment and Housing Act to apply to the prevention and elimination of actions made unlawful under the Mobilehome Residency Law against homeowners or residents of mobilehomes, as provided. The bill would also authorize the department to investigate potential violations of the Mobilehome Residency Law that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.
The bill would require the department 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 this bill would establish in the State Treasury. The bill would continuously appropriate the moneys in the fund to the department for costs of administering this bill.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act.(b) It is the intent of the Legislature in enacting this act to protect and safeguard the most vulnerable mobilehome homeowners and residents by affording them the enforcement and hearing procedures for housing discrimination, available under Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, for the enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).SEC. 2. Section 12980 of the Government Code is amended to read:12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.SEC. 3. Section 12981 of the Government Code is amended to read:12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.SEC. 4. Article 3 (commencing with Section 12989.50) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read: Article 3. Mobilehome Residents and Senior Protection12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint. 12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. 12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) This act shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act.(b) It is the intent of the Legislature in enacting this act to protect and safeguard the most vulnerable mobilehome homeowners and residents by affording them the enforcement and hearing procedures for housing discrimination, available under Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, for the enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
SECTION 1. (a) This act shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act.(b) It is the intent of the Legislature in enacting this act to protect and safeguard the most vulnerable mobilehome homeowners and residents by affording them the enforcement and hearing procedures for housing discrimination, available under Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, for the enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
SECTION 1. (a) This act shall be known, and may be cited, as the Mobilehome Residents and Senior Protection Act.
### SECTION 1.
(b) It is the intent of the Legislature in enacting this act to protect and safeguard the most vulnerable mobilehome homeowners and residents by affording them the enforcement and hearing procedures for housing discrimination, available under Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, for the enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
SEC. 2. Section 12980 of the Government Code is amended to read:12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
SEC. 2. Section 12980 of the Government Code is amended to read:
### SEC. 2.
12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:(1) The names of any witnesses and the dates of any contacts with those witnesses.(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.(3) A summary of witness statements.(4) Answers to interrogatories.(5) A summary description of other pertinent records.A final investigative report may be amended if additional evidence is later discovered.(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.
(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or a homeowner or resident, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department.
The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainants right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainants request.
(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.
No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.
(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail.
(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.
(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.
(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the departments reasons for not doing so.
(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:
(1) The names of any witnesses and the dates of any contacts with those witnesses.
(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.
(3) A summary of witness statements.
(4) Answers to interrogatories.
(5) A summary description of other pertinent records.
A final investigative report may be amended if additional evidence is later discovered.
(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if he or she does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendants residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorneys fees.
(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.
(j) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
SEC. 3. Section 12981 of the Government Code is amended to read:12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
SEC. 3. Section 12981 of the Government Code is amended to read:
### SEC. 3.
12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7, or a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that is subject to this article, that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department on behalf of the aggrieved person, or mobilehome homeowner or resident, as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Section 12965, the provisions of this article shall prevail. Prior to filing a civil action, the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. A civil action alleging an unfair housing practice or violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall be issued within 100 days after the filing of a complaint unless it is impracticable to do so. The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person, or mobilehome homeowner or resident, would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person, or mobilehome homeowner or resident, may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.
(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.
(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.
(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
SEC. 4. Article 3 (commencing with Section 12989.50) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read: Article 3. Mobilehome Residents and Senior Protection12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint. 12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. 12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
SEC. 4. Article 3 (commencing with Section 12989.50) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:
### SEC. 4.
Article 3. Mobilehome Residents and Senior Protection12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint. 12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. 12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
Article 3. Mobilehome Residents and Senior Protection12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint. 12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. 12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
Article 3. Mobilehome Residents and Senior Protection
Article 3. Mobilehome Residents and Senior Protection
12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.
12989.50. As used in this article, and for the sole purpose of investigation or pursuit of conciliation or remedy arising from a complaint alleging a violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the following definitions shall apply:
(a) Management has the same meaning as specified in Section 798.2 of the Civil Code.
(b) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.
(c) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.
(d) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.
(e) Resident has the same meaning as specified in Section 798.11 of the Civil Code.
12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.
12989.52. The department shall produce written materials for homeowners and residents summarizing the purpose of the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session) and including information on how to file a complaint with the department and a toll-free telephone number and Internet Web site address that a resident can use to seek additional information and communicate complaints.
12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.(b) The alleged violation.(c) The outcome for each complaint.
12989.54. The department shall collect and make available on a publicly searchable Internet database, at a minimum, the following information:
(a) The number of violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) filed with the department.
(b) The alleged violation.
(c) The outcome for each complaint.
12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.
12989.56. The department may in its sole discretion investigate potential violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint.
12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
12989.58. The department may promulgate any necessary procedural rules to administer complaints alleging violations of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.
12989.60. (a) There is hereby established in the State Treasury the Mobilehome Residency Law Protection Fund. All moneys received by the department as a result of administering and enforcing the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session), other than those due to a homeowner or resident, shall be deposited in the Mobilehome Residency Law Protection Fund and, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of administering the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).
(b) (1) The department shall annually assess upon management a registration fee of five dollars ($5) for each mobilehome that is subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) within a mobilehome park for the purpose of enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), as provided pursuant to the Mobilehome Residents and Senior Protection Act (Assembly Bill 1269 of the 201718 Regular Session).
(2) Management may pass on all or a portion of the amount of the registration fee assessed under this subdivision to the homeowners and residents within the mobilehome park, except that management shall not pass on the fee in the form of an increase in rent. Management shall provide a written description of the purpose of the charge to homeowners and residents.
(c) The department may file a civil action to enforce payment of the registration fee assessed pursuant to subdivision (b) in the superior court for the county in which the relevant mobilehome park is located. If the department prevails in an action filed pursuant to this subdivision, the court shall award costs, including reasonable attorneys fees, for the enforcement proceeding, to the department. Notwithstanding Section 12907, costs and attorneys fees awarded pursuant to this section shall be deposited in the Mobilehome Residency Law Protection Fund.