AB 1205,
as amended, Wieckowski. Mobilehomebegin delete residency: state dispute resolution program.end deletebegin insert Residency Law: mediation program.end insert
The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parksbegin insert, end insertbegin insertand includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the propertyend insert.
This bill wouldbegin delete declare the intent of the Legislature to enact legislation that would provide an equitable, cost effective, and more efficient way for mobilehome tenants and mobilehome community landlords to resolve disputes, pursuant to a state mobilehome residency dispute resolution program, as specifiedend deletebegin insert
create the Mobilehome Residency Law Mediation Act and would establish the Mobilehome Residency Law Mediation Fund, for funds collected by the Department of Housing and Community Development pursuant to the act. This bill would impose a unspecified monetary assessment on landlords for each mobilehome within the community and a $250 late fee, as providedend insert.
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 798.31.5 is added to the end insertbegin insertCivil Codeend insertbegin insert, to
2read:end insert
(a) There is hereby established in the State Treasury
4the Mobilehome Residency Law Mediation Fund, into which funds
5collected by the Department of Housing and Community
6Development pursuant to this section shall be deposited, including
7fines and registration fees from sources to fund the mobilehome
8dispute resolution program. Expenditures from the account may
9be used only for the costs associated with administering the
10Mobilehome Residency Law mediation program.
11(b) Each mobilehome community landlord shall pay to the
12department an annual registration assessment of ____ dollars
13($____) for each mobilehome that is subject to the Mobilehome
14Residency Law within a mobilehome community. Mobilehome
15community landlords may charge a maximum of
____ dollars
16($____) of this assessment to tenants. The registration assessment
17for each mobilehome shall be deposited to fund the costs associated
18with the Mobilehome Residency Law Mediation Act, including
19costs incurred by the department.
20(c) Initial registrations of mobilehome communities shall be
21filed with the department before November 1, 2014, or within three
22months of the availability of mobilehome lots for rent within the
23community. The mobilehome community is subject to a delinquency
24fee of two hundred fifty dollars ($250) for late initial registrations.
25(d) Thirty days after sending late fee notices to a noncomplying
26landlord, the department may refer the past due account to a
27collection agency. If there is no response from a noncomplying
28landlord after 60 days in collections, the department may file an
29action to enforce payment of unpaid registration assessments and
30
late fees in the superior court in the county in which the
31mobilehome community is located. If the department prevails, the
32mobilehome community landlord shall pay the department’s costs,
33including reasonable attorney’s fees, for the enforcement
34proceedings.
P3 1(e) Registration is effective on the date determined by the
2department, and the department shall issue a registration number
3to each registered mobilehome community. The department shall
4provide an expiration date, assigned by the department, to each
5mobilehome community that registers.
begin insertArticle 8.5 (commencing with Section 798.90) is added
7to Chapter 2.5 of Title 2
of Part 2 of Division 2 of the end insertbegin insertCivil Codeend insertbegin insert,
8to read:end insert
9
This article shall be known and may be cited as the
13“Mobilehome Residency Law Mediation Act.”
(a) It is the intent of the Legislature to enact
15legislation to provide an equitable, cost effective, and more
16efficient way for mobilehome tenants and mobilehome community
17landlords to resolve disputes.
18(b) The Legislature finds and declares that the unique
19circumstances of owning a home within a manufactured housing
20community require special protections. Once occupancy has
21commenced, the difficulty and expense in moving and relocating
22a manufactured home can affect the operation of market forces
23and lead to an inequity in the bargaining positions of the parties.
24Having a low-cost system for resolving disputes protects
25homeowners and ensures that both parties’ interests are protected.
26(c) It is the intent of the Legislature to authorize a state agency
27or official to establish a mobilehome residency dispute resolution
28program, and to do all of the following:
29(1) Produce and distribute educational materials regarding the
30Mobilehome Residency Law (Chapter 2.5 (commencing with
31Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code)
32and the mobilehome residency dispute resolution program created
33by this act.
34(2) Administer the mobilehome residency dispute resolution
35program by taking complaints, conducting investigations, making
36determinations, assessing fines and other penalties, and
37participating in administrative dispute resolutions, when necessary.
38(3) Collect and annually report upon data related to disputes
39and violations,
and make recommendations on improving
40mobilehome residency dispute resolution.
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98