BILL NUMBER: AB 1205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2013
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 Law:
mediation program.
The Mobilehome Residency Law (MRL) 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 create enact the
Mobilehome Residency Law Mediation Act and
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 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. The
bill would impose a unspecified monetary assessment on
landlords for each mobilehome within the community and a $250 late
fee, as provided owners of mobilehome parks, and would
authorize an owner to impose an unspecified portion of
that assessment on homeowners .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.31.5 is added to the Civil Code, to read:
798.31.5. (a) There is hereby established in the State Treasury
the Mobilehome Residency Law Mediation Fund, into which funds
collected by the Department of Housing and Community Development
pursuant to this section shall be deposited, including fines
and registration fees from sources to fund the mobilehome dispute
resolution program. deposited. Expenditures from
the account may be used only for the costs associated with
administering the Mobilehome Residency Law
mediation program under this chapter .
(b) Each mobilehome community landlord shall pay to the
department owner of a mobilehome park shall submit
along with the annual operating permit fee submitted pursuant to
Section 18502 of the Health and Safety Code an annual
registration assessment of ____ dollars ($____) for each mobilehome
that is subject to the Mobilehome Residency Law
this chapter within a mobilehome community.
Mobilehome community landlords may charge a park. An
owner may assess homeowners a maximum of ____ dollars ($____)
of this assessment to tenants. assessment.
The registration assessment for each mobilehome shall be
deposited to fund the costs associated with the Mobilehome Residency
Law Mediation Act (Article 8.5 (commencing with Section 798.90))
, 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."
798.91. As used in this article, "department" means ____.
798.92. (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.
798.93. (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.