Amended in Assembly April 8, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1205

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 Law: mediation program.

The Mobilehome Residency Law begin insert (MRL) end insert 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 begin delete create end delete begin insert enact end insert the Mobilehome Residency Law Mediation Act begin delete and end delete begin insert within the MRL to establish a mediation program for alleged violations of the MRL, including investigation of alleged violations of the MRL and determination and notice of violations, to be administered by an unspecified department. The bill end insert would establish the Mobilehome Residency Law Mediation Fund, for funds collected by the Department of Housing and Community Development pursuant to the begin delete act. This end delete begin insert bill. The end insert bill would impose a unspecified monetary assessment on begin delete landlords for each mobilehome within the community and a $250 late fee, as provided end delete begin insert owners of mobilehome parks, and would authorize an owner to impose an unspecified portion of that assessment on homeowners end insert .

Vote: majority. Appropriation: no. Fiscal committee: 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 begin delete deposited, including
fines and registration fees from sources to fund the mobilehome
dispute resolution program. end delete begin insert deposited. end insert Expenditures from the
account may be used only for the costs associated with
administering the begin delete Mobilehome Residency Law end delete mediation program
begin insert under this chapter end insert .

(b) Each begin delete mobilehome community landlord shall pay to the
department end delete begin insert owner of a mobilehome park shall submit along with
the annual operating permit fee submitted pursuant to Section
18502 of the Health and Safety Code end insert an annual registration
assessment of ____ dollars ($____) for each mobilehome that is
subject to begin delete the Mobilehome Residency Law end delete begin insert this chapter end insert within a
mobilehome begin delete community. Mobilehome community landlords may
charge a end delete begin insert park. An owner may assess homeowners a end insert maximum of
____ dollars ($____) of this begin delete assessment to tenants. end delete begin insert assessment. end insert
The registration assessment for each mobilehome shall be deposited
to fund the costs associated with the Mobilehome Residency Law
Mediation Act begin insert (Article 8.5 (commencing with Section 798.90)) end insert ,
including costs incurred by the department.

begin delete

(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.

end delete

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.”

begin insert

begin insert 798.91. end insert   

As used in this article, “department” means ____.

end insert begin insert

begin insert 798.92. end insert   

(a) Any person claiming to be aggrieved by an alleged
violation of this chapter may file a complaint with the department,
setting forth the alleged violation and the parties involved.

(b) Upon receiving a complaint, the department shall commence
an investigation to ascertain the factual and legal basis for the
complaint.

(c) If the department determines that there is probable cause
to believe the allegations are true and that those allegations, if
proven, are a violation of this chapter, the department shall
proceed pursuant to Section 798.93.

(d) If the department determines there is insufficient cause to
proceed, it shall inform the complainant in writing of its
determination.

end insert begin insert

begin insert 798.93. end insert   

(a) If the department has determined that probable
cause exists to establish a violation of this chapter, the department
shall contact the party or parties involved and attempt a
reconciliation or settlement of the dispute.

(b) Any party contacted by the department shall cooperate with
the department’s investigation, at a minimum, by responding to
requests for information, which may include providing access to
papers or other documents, and by providing access to the
manufactured housing community relevant to the investigation.

(c) If, after an investigation, the department determines that an
agreement cannot be negotiated between the parties, the
department shall make a written determination as to whether a
violation of this chapter has occurred.

(d) If the department finds by a written determination that a
violation of this chapter has occurred, the department shall deliver
by certified mail a written notice of violation to the respondent
who committed the violation. The notice of violation shall specify
the violation, the corrective action required, and the time within
which the corrective action is to be taken. The department shall
deliver to the complainant a copy of the notice of violation by
certified mail.

(e) If the department finds by a written determination that a
violation has not occurred, the department shall deliver by certified
mail a written notice of nonviolation to both the complainant and
the respondent.

end insert