BILL NUMBER: AB 1205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 22, 2013
An act to add Section 798.31.5 to, and to add Article 8.5
(commencing with Section 798.90) to Chapter 2.5 of Title 2 of Part 2
of Division 2 of, the Civil Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1205, as amended, Wieckowski. Mobilehome residency:
state dispute resolution program. Residency Law:
mediation program.
The Mobilehome Residency Law governs the terms and conditions of
residency in mobilehome parks , and 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 property .
This bill would 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 specified
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 $250 late fee, as provided .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.31.5 is added to the
Civil Code , to read:
798.31.5. (a) There is hereby established in the State Treasury
the Mobilehome Residency Law Mediation Fund, into which funds
collected by the Department of Housing and Community Development
pursuant to this section shall be deposited, including fines and
registration fees from sources to fund the mobilehome dispute
resolution program. Expenditures from the account may be used only
for the costs associated with administering the Mobilehome Residency
Law mediation program.
(b) Each mobilehome community landlord shall pay to the department
an annual registration assessment of ____ dollars ($____) for each
mobilehome that is subject to the Mobilehome Residency Law within a
mobilehome community. Mobilehome community landlords may charge a
maximum of ____ dollars ($____) of this assessment to tenants. The
registration assessment for each mobilehome shall be deposited to
fund the costs associated with the Mobilehome Residency Law Mediation
Act, including costs incurred by the department.
(c) Initial registrations of mobilehome communities shall be filed
with the department before November 1, 2014, or within three months
of the availability of mobilehome lots for rent within the community.
The mobilehome community is subject to a delinquency fee of two
hundred fifty dollars ($250) for late initial registrations.
(d) Thirty days after sending late fee notices to a noncomplying
landlord, the department may refer the past due account to a
collection agency. If there is no response from a noncomplying
landlord after 60 days in collections, the department may file an
action to enforce payment of unpaid registration assessments and late
fees in the superior court in the county in which the mobilehome
community is located. If the department prevails, the mobilehome
community landlord shall pay the department's costs, including
reasonable attorney's fees, for the enforcement proceedings.
(e) Registration is effective on the date determined by the
department, and the department shall issue a registration number to
each registered mobilehome community. The department shall provide an
expiration date, assigned by the department, to each mobilehome
community that registers.
SEC. 2. Article 8.5 (commencing with Section
798.90) is added to Chapter 2.5 of Title 2 of Part 2 of
Division 2 of the Civil Code , to read:
Article 8.5. Mobilehome Residency Law Mediation Act
798.90. This article shall be known and may be cited as the
"Mobilehome Residency Law Mediation Act."
SECTION 1. (a) It is the intent of the
Legislature to enact legislation to provide an equitable, cost
effective, and more efficient way for mobilehome tenants and
mobilehome community landlords to resolve disputes.
(b) The Legislature finds and declares that the unique
circumstances of owning a home within a manufactured housing
community require special protections. Once occupancy has commenced,
the difficulty and expense in moving and relocating a manufactured
home can affect the operation of market forces and lead to an
inequity in the bargaining positions of the parties. Having a
low-cost system for resolving disputes protects homeowners and
ensures that both parties' interests are protected.
(c) It is the intent of the Legislature to authorize a state
agency or official to establish a mobilehome residency dispute
resolution program, and to do all of the following:
(1) Produce and distribute educational materials regarding the
Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798)
of Title 2 of Part 2 of Division 2 of the Civil Code) and the
mobilehome residency dispute resolution program created by this act.
(2) Administer the mobilehome residency dispute resolution program
by taking complaints, conducting investigations, making
determinations, assessing fines and other penalties, and
participating in administrative dispute resolutions, when necessary.
(3) Collect and annually report upon data related to disputes and
violations, and make recommendations on improving mobilehome
residency dispute resolution.