Amended IN Senate June 23, 2023 Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member AddisJanuary 26, 2023An act to amend Section Sections 18802, 18805, and 18806 of the Health and Safety Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Addis. Mobilehome Residency Law Protection Act.Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to resolve complaints from homeowners relating to the Mobilehome Residency Law. Under Existing law requires the department to refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards. Existing law requires the department to use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations, as specified.This bill would delete the requirement that the department select the most severe, deleterious, and materially and economically impactful alleged violations.Existing law required the department, on January 1, 2023, to submit a written report to the Legislature outlining data collected from the program and to make that report available on its internet website, that included, among other things, the amount of registration fees collected, 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.This bill would require the department to submit that written report to the Legislature and make it available on its internet website on January 1 of each year.Under existing law, the act Mobilehome Residency Law Protection Act is repealed on January 1, 2024.This bill would extend the above-described January 1, 2024, repeal date to January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO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. Section 18802 of the Health and Safety Code is amended to read: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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) This section shall become operative on July 1, 2020.SEC. 2. Section 18805 of the Health and Safety Code is amended to read:18805. (a) On January 1, 2023, 1 of each year, 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. internet website. 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.SECTION 1.SEC. 3. Section 18806 of the Health and Safety Code is amended to read:18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.
Amended IN Senate June 23, 2023 Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member AddisJanuary 26, 2023An act to amend Section Sections 18802, 18805, and 18806 of the Health and Safety Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Addis. Mobilehome Residency Law Protection Act.Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to resolve complaints from homeowners relating to the Mobilehome Residency Law. Under Existing law requires the department to refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards. Existing law requires the department to use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations, as specified.This bill would delete the requirement that the department select the most severe, deleterious, and materially and economically impactful alleged violations.Existing law required the department, on January 1, 2023, to submit a written report to the Legislature outlining data collected from the program and to make that report available on its internet website, that included, among other things, the amount of registration fees collected, 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.This bill would require the department to submit that written report to the Legislature and make it available on its internet website on January 1 of each year.Under existing law, the act Mobilehome Residency Law Protection Act is repealed on January 1, 2024.This bill would extend the above-described January 1, 2024, repeal date to January 1, 2027.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 23, 2023 Amended IN Assembly March 30, 2023
Amended IN Senate June 23, 2023
Amended IN Assembly March 30, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 318
Introduced by Assembly Member AddisJanuary 26, 2023
Introduced by Assembly Member Addis
January 26, 2023
An act to amend Section Sections 18802, 18805, and 18806 of the Health and Safety Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 318, as amended, Addis. Mobilehome Residency Law Protection Act.
Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to resolve complaints from homeowners relating to the Mobilehome Residency Law. Under Existing law requires the department to refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards. Existing law requires the department to use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations, as specified.This bill would delete the requirement that the department select the most severe, deleterious, and materially and economically impactful alleged violations.Existing law required the department, on January 1, 2023, to submit a written report to the Legislature outlining data collected from the program and to make that report available on its internet website, that included, among other things, the amount of registration fees collected, 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.This bill would require the department to submit that written report to the Legislature and make it available on its internet website on January 1 of each year.Under existing law, the act Mobilehome Residency Law Protection Act is repealed on January 1, 2024.This bill would extend the above-described January 1, 2024, repeal date to January 1, 2027.
Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to resolve complaints from homeowners relating to the Mobilehome Residency Law. Under Existing law requires the department to refer any alleged violations of law or regulations within the departments jurisdiction to the Division of Codes and Standards. Existing law requires the department to use good faith efforts to select the most severe, deleterious, and materially and economically impactful alleged violations, as specified.
This bill would delete the requirement that the department select the most severe, deleterious, and materially and economically impactful alleged violations.
Existing law required the department, on January 1, 2023, to submit a written report to the Legislature outlining data collected from the program and to make that report available on its internet website, that included, among other things, the amount of registration fees collected, 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.
This bill would require the department to submit that written report to the Legislature and make it available on its internet website on January 1 of each year.
Under existing law, the act Mobilehome Residency Law Protection Act is repealed on January 1, 2024.
This bill would extend the above-described January 1, 2024, repeal date to January 1, 2027.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 18802 of the Health and Safety Code is amended to read: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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) This section shall become operative on July 1, 2020.SEC. 2. Section 18805 of the Health and Safety Code is amended to read:18805. (a) On January 1, 2023, 1 of each year, 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. internet website. 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.SECTION 1.SEC. 3. Section 18806 of the Health and Safety Code is amended to read:18806. This part shall remain in effect only until January 1, 2027, 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. Section 18802 of the Health and Safety Code is amended to read: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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) This section shall become operative on July 1, 2020.
SECTION 1. Section 18802 of the Health and Safety Code is amended to read:
### SECTION 1.
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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) 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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) 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)(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.(j) 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)
(f) 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 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.
(g) If the department selects a complaint for referral to and evaluation by a nonprofit legal services provider pursuant to Section 18803, it shall send a notice to the complaining party and the management or mobilehome park owner. The notice shall advise the parties that they are required to negotiate the matter in good faith to resolve the matter in 25 days. If after 25 days either party responds to a department inquiry that the matter is not resolved, the department may refer the complaint to an appropriate enforcement agency or a nonprofit legal services provider. The department may combine this notice with the letter described in paragraph (e).
(h) The department may aggregate multiple complaints submitted to the program into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:
(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.
(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.
(i) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.
(j) This section shall become operative on July 1, 2020.
SEC. 2. Section 18805 of the Health and Safety Code is amended to read:18805. (a) On January 1, 2023, 1 of each year, 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. internet website. 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.
SEC. 2. Section 18805 of the Health and Safety Code is amended to read:
### SEC. 2.
18805. (a) On January 1, 2023, 1 of each year, 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. internet website. 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, 1 of each year, 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. internet website. 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, 1 of each year, 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. internet website. 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, 1 of each year, 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. internet website. 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.
SECTION 1.SEC. 3. Section 18806 of the Health and Safety Code is amended to read:18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.
SECTION 1.SEC. 3. Section 18806 of the Health and Safety Code is amended to read:
### SECTION 1.SEC. 3.
18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.
18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.
18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.
18806. This part shall remain in effect only until January 1, 2027, and as of that date is repealed.