Amended IN Senate August 17, 2018 Amended IN Senate June 18, 2018 Amended IN Assembly April 26, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3066Introduced by Assembly Member Mark Stone(Coauthors: Assembly Members Gonzalez Fletcher, Limn, and Quirk)February 16, 2018 An act to add and repeal Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code, relating to mobilehomes.LEGISLATIVE COUNSEL'S DIGESTAB 3066, as amended, Mark Stone. Mobilehome Residency Law Protection Act.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 enact the Mobilehome Residency Law Protection Act. Beginning July 1, 2020, the bill would establish the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development, pursuant to which the bill would require the department to provide assistance in resolving and coordinating the resolution of complaints from homeowners relating to the Mobilehome Residency Law, as provided. The bill would require the department to refer matters within its jurisdiction to its Division of Codes and Standards and authorize it to refer matters not within its jurisdiction to the appropriate enforcement agency. The bill would require the department to select complaints for evaluation under the program, as provided. The bill would require the department to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation to one of those nonprofit legal services providers for possible enforcement action, as provided. The bill would require management to provide specified information to the department within 15 days of a request for that information and require the imposition of a noncompliance fine of $250 for each failure to comply.Beginning January 1, 2019, the bill would require the department to assess upon upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law and collect an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park. The bill would authorize management to pass this fee on to the homeowners within the mobilehome park. The bill would require that all moneys collected pursuant to its provisions be deposited into the Mobilehome Dispute Resolution Fund, which this bill would establish, and make those moneys available, upon appropriation by the Legislature, for purposes of implementing the Mobilehome Residency Law Protection Act, as provided.The bill, on January 1, 2023, would require the department to submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The bill would require that the data collected include specified information. The bill would also require the department to additionally report certain information to a task force convened pursuant to specified law to provide input to the department on the conduct and operation of a certain mobilehome park maintenance inspection program.The bill would repeal the Mobilehome Residency Law Protection Act as of January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 2.2 (commencing with Section 18800) is added to Division 13 of the Health and Safety Code, to read:PART 2.2. Mobilehome Residency Law Protection Program18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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). 18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
Amended IN Senate August 17, 2018 Amended IN Senate June 18, 2018 Amended IN Assembly April 26, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3066Introduced by Assembly Member Mark Stone(Coauthors: Assembly Members Gonzalez Fletcher, Limn, and Quirk)February 16, 2018 An act to add and repeal Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code, relating to mobilehomes.LEGISLATIVE COUNSEL'S DIGESTAB 3066, as amended, Mark Stone. Mobilehome Residency Law Protection Act.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 enact the Mobilehome Residency Law Protection Act. Beginning July 1, 2020, the bill would establish the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development, pursuant to which the bill would require the department to provide assistance in resolving and coordinating the resolution of complaints from homeowners relating to the Mobilehome Residency Law, as provided. The bill would require the department to refer matters within its jurisdiction to its Division of Codes and Standards and authorize it to refer matters not within its jurisdiction to the appropriate enforcement agency. The bill would require the department to select complaints for evaluation under the program, as provided. The bill would require the department to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation to one of those nonprofit legal services providers for possible enforcement action, as provided. The bill would require management to provide specified information to the department within 15 days of a request for that information and require the imposition of a noncompliance fine of $250 for each failure to comply.Beginning January 1, 2019, the bill would require the department to assess upon upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law and collect an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park. The bill would authorize management to pass this fee on to the homeowners within the mobilehome park. The bill would require that all moneys collected pursuant to its provisions be deposited into the Mobilehome Dispute Resolution Fund, which this bill would establish, and make those moneys available, upon appropriation by the Legislature, for purposes of implementing the Mobilehome Residency Law Protection Act, as provided.The bill, on January 1, 2023, would require the department to submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The bill would require that the data collected include specified information. The bill would also require the department to additionally report certain information to a task force convened pursuant to specified law to provide input to the department on the conduct and operation of a certain mobilehome park maintenance inspection program.The bill would repeal the Mobilehome Residency Law Protection Act as of January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 17, 2018 Amended IN Senate June 18, 2018 Amended IN Assembly April 26, 2018 Amended IN Assembly March 19, 2018
Amended IN Senate August 17, 2018
Amended IN Senate June 18, 2018
Amended IN Assembly April 26, 2018
Amended IN Assembly March 19, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3066
Introduced by Assembly Member Mark Stone(Coauthors: Assembly Members Gonzalez Fletcher, Limn, and Quirk)February 16, 2018
Introduced by Assembly Member Mark Stone(Coauthors: Assembly Members Gonzalez Fletcher, Limn, and Quirk)
February 16, 2018
An act to add and repeal Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3066, as amended, Mark Stone. Mobilehome Residency Law Protection Act.
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 enact the Mobilehome Residency Law Protection Act. Beginning July 1, 2020, the bill would establish the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development, pursuant to which the bill would require the department to provide assistance in resolving and coordinating the resolution of complaints from homeowners relating to the Mobilehome Residency Law, as provided. The bill would require the department to refer matters within its jurisdiction to its Division of Codes and Standards and authorize it to refer matters not within its jurisdiction to the appropriate enforcement agency. The bill would require the department to select complaints for evaluation under the program, as provided. The bill would require the department to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation to one of those nonprofit legal services providers for possible enforcement action, as provided. The bill would require management to provide specified information to the department within 15 days of a request for that information and require the imposition of a noncompliance fine of $250 for each failure to comply.Beginning January 1, 2019, the bill would require the department to assess upon upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law and collect an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park. The bill would authorize management to pass this fee on to the homeowners within the mobilehome park. The bill would require that all moneys collected pursuant to its provisions be deposited into the Mobilehome Dispute Resolution Fund, which this bill would establish, and make those moneys available, upon appropriation by the Legislature, for purposes of implementing the Mobilehome Residency Law Protection Act, as provided.The bill, on January 1, 2023, would require the department to submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The bill would require that the data collected include specified information. The bill would also require the department to additionally report certain information to a task force convened pursuant to specified law to provide input to the department on the conduct and operation of a certain mobilehome park maintenance inspection program.The bill would repeal the Mobilehome Residency Law Protection Act as of January 1, 2024.
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 enact the Mobilehome Residency Law Protection Act. Beginning July 1, 2020, the bill would establish the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development, pursuant to which the bill would require the department to provide assistance in resolving and coordinating the resolution of complaints from homeowners relating to the Mobilehome Residency Law, as provided. The bill would require the department to refer matters within its jurisdiction to its Division of Codes and Standards and authorize it to refer matters not within its jurisdiction to the appropriate enforcement agency. The bill would require the department to select complaints for evaluation under the program, as provided. The bill would require the department to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation to one of those nonprofit legal services providers for possible enforcement action, as provided. The bill would require management to provide specified information to the department within 15 days of a request for that information and require the imposition of a noncompliance fine of $250 for each failure to comply.
Beginning January 1, 2019, the bill would require the department to assess upon upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law and collect an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park. The bill would authorize management to pass this fee on to the homeowners within the mobilehome park. The bill would require that all moneys collected pursuant to its provisions be deposited into the Mobilehome Dispute Resolution Fund, which this bill would establish, and make those moneys available, upon appropriation by the Legislature, for purposes of implementing the Mobilehome Residency Law Protection Act, as provided.
The bill, on January 1, 2023, would require the department to submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The bill would require that the data collected include specified information. The bill would also require the department to additionally report certain information to a task force convened pursuant to specified law to provide input to the department on the conduct and operation of a certain mobilehome park maintenance inspection program.
The bill would repeal the Mobilehome Residency Law Protection Act as of January 1, 2024.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Part 2.2 (commencing with Section 18800) is added to Division 13 of the Health and Safety Code, to read:PART 2.2. Mobilehome Residency Law Protection Program18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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). 18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Part 2.2 (commencing with Section 18800) is added to Division 13 of the Health and Safety Code, to read:PART 2.2. Mobilehome Residency Law Protection Program18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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). 18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
SECTION 1. Part 2.2 (commencing with Section 18800) is added to Division 13 of the Health and Safety Code, to read:
### SECTION 1.
PART 2.2. Mobilehome Residency Law Protection Program18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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). 18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
PART 2.2. Mobilehome Residency Law Protection Program18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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). 18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
PART 2.2. Mobilehome Residency Law Protection Program
PART 2.2. Mobilehome Residency Law Protection Program
18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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).
18800. (a) This part shall be known, and may be cited, as the Mobilehome Residency Law Protection Act.
(b) It is the intent of the Legislature in enacting this part to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce 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).
18801. As used in this part, 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) Department means the Department of Housing and Community Development.(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.
18801. As used in this part, 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) Department means the Department of Housing and Community Development.
(b) Homeowner has the same meaning as specified in Section 798.9 of the Civil Code.
(c) Management has the same meaning as specified in Section 798.2 of the Civil Code.
(d) Mobilehome has the same meaning as specified in Section 798.3 of the Civil Code.
(e) Mobilehome park has the same meaning as specified in Section 798.4 of the Civil Code.
(f) Mobilehome Residency Law means the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
(g) Program means the Mobilehome Residency Law Protection Program established pursuant to this part.
(h) Rental agreement has the same meaning as specified in Section 798.8 of the Civil Code.
18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department. (2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.(g) The department may aggregate multiple complaints submitted to the program into a single investigation.(h) This section shall become operative on July 1, 2020.
18802. (a) The Mobilehome Residency Law Protection Program is hereby established within the department.
(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.
(c) The department shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party.
(d) (1) The department shall refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards within the department.
(2) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.
(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt and referencing those provisions of the Mobilehome Residency Law, if applicable, that may pertain to the complaint. If the department refers the complaint to an appropriate enforcement agency, pursuant to paragraph (2) of subdivision (d), the letter shall communicate that referral.
(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to which the letter is in response.
(f) (1) The department shall use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations of the Mobilehome Residency Law. The department shall select a sample of these complaints that satisfy geographic representation of the state for evaluation.
(2) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 days of the request. Failure to comply with this requirement shall result in a noncompliance fine of two hundred fifty dollars ($250) for each failure to comply.
(g) The department may aggregate multiple complaints submitted to the program into a single investigation.
(h) This section shall become operative on July 1, 2020.
18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.(f) This section shall become operative on July 1, 2020.
18803. (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802 to those nonprofit legal services providers for possible enforcement action.
(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:
(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.
(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.
(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.
(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.
(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.
(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.
(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.
(f) This section shall become operative on July 1, 2020.
18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.
18804. (a) There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.
(b) (1) Beginning January 1, 2019, and each subsequent year, year thereafter, the department shall assess upon upon, and collect from, management and collect of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within a the mobilehome park that is subject to the Mobilehome Residency Law. park. The department shall collect the registration fee at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part. (Part 2.1 (commencing with Section 18200)).
(2) The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.
(c) Management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof when rent is due, except that management shall not pass on the fee in the form of an increase in rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. Management shall provide a written description of the purpose of the charge to homeowners, along with contact information for the department, and any amount that is passed through to a homeowner pursuant to this subdivision shall be separately stated on any monthly or other periodic billing to the homeowner or resident.
18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.(3) The type of complaint allegations received.(4) To the extent possible, the outcome of each complaint received by the program.(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.(6) The most common complaint allegations.(7) Recommendations for any statutory or administrative changes to the program.(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.
18805. (a) On January 1, 2023, the department shall submit a written report to the Legislature outlining data collected from the program and make that report available on its Internet Web site. The data collected shall include, but not be limited to, all of the following:
(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.
(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to another enforcement agency or to a nonprofit legal services provider.
(3) The type of complaint allegations received.
(4) To the extent possible, the outcome of each complaint received by the program.
(5) Activities completed by a nonprofit legal services provider contracted with pursuant to the program.
(6) The most common complaint allegations.
(7) Recommendations for any statutory or administrative changes to the program.
(b) The report required to be submitted to the Legislature by this section shall be submitted in compliance with Section 9795 of the Government Code.
(c) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened pursuant to Section 18400.3.
18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.
18806. This part shall remain in effect only until January 1, 2024, and as of that date is repealed.