BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          SB 1106 (Leyva)
          Version: February 17, 2016
          Hearing Date: April 19, 2016
          Fiscal: Yes
          Urgency: No
          TH   


                                        SUBJECT
                                           
                                  Mobilehome Parks

                                      DESCRIPTION  

          Existing law, the Mobilehome Parks Act, provides that any person  
          who willfully violates the act, related building standards, or  
          other related rules and regulations adopted by the Department of  
          Housing and Community Development, is guilty of a misdemeanor,  
          subject to suspension or revocation of permits issued under the  
          act, and liable for a civil penalty for each violation or for  
          each day of a continuing violation.

          This bill authorizes the Director of Housing and Community  
          Development, or a local enforcement agency that has assumed  
          jurisdiction, to issue citations that assess civil penalties to  
          any owner or operator of a mobilehome park, or a registered  
          owner of a manufactured home, mobilehome, or recreational  
          vehicle, or other responsible party, when he or she has  
          permitted the continuation of a violation for at least 30 days  
          after the expiration of a notice to correct the violation or  
          violations from the enforcement agency.

                                      BACKGROUND  

          The Mobilehome Parks Act, Health and Safety Code Section 18200  
          et seq., authorizes the Department of Housing and Community  
          Development (HCD) to regulate mobilehome parks to assure the  
          protection of the health, safety, and general welfare of all  
          mobilehome park residents.  The act "clearly expresses that it  
          is California state policy to ensure that mobilehome parks are  








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          operated to assure the health, safety, general welfare, and  
          decent living environment of the residents, as well as protect  
          the investment value of mobilehomes."  (County of Santa Cruz v.  
          Waterhouse (2005) 127 Cal.App.4th 1483, 1489 [citations and  
          internal quotation marks omitted].)  The act's goal of  
          "promoting the health and safety of mobilehome residents [is]  
          implemented through the HCD's establishment of standards for  
          [the] construction, maintenance, occupancy, use, and design of  
          [mobilehome] parks," (Id.) and these standards are codified in  
          Title 25 of the California Code of Regulations.

          The Mobilehome Parks Act gives local jurisdictions the option to  
          assume enforcement authority within their jurisdiction by  
          executing an agreement with HCD.  Currently, HCD exercises  
          enforcement authority over approximately 4,200 mobilehome parks,  
          and local agencies - about 70 in total - enforce the act and its  
          regulations in just over 1,000 parks.  HCD reports that during  
          compliance investigations carried out in 2015, the "accumulation  
          of rubbish or combustible material" was the most frequent  
          violation noted for park residents, and "exposed live electrical  
          parts" was among the top three violations noted for park owners  
          or operators.  In total, 15,900 violations were found during  
          inspections undertaken in 2015, and as of January of this year,  
          approximately 8,040 violations remained uncorrected.

          The act provides that willful violations of its provisions  
          constitute a misdemeanor, punishable by either or both a fine of  
          $400 or 30 days imprisonment.  The act also provides that  
          enforcement agencies may collect a civil penalty of $500 for  
          willful violations through a proceeding in civil court.  (See  
          Health & Saf. Code Sec. 18700.)

          This bill would additionally authorize an enforcement agency to  
          assess a civil penalty, payable to the enforcement agency, of up  
          to $500 for continuing violations of the act or its implementing  
          regulations, provided they remain uncorrected for a minimum of  
          30 days.  This bill provides that any person assessed a civil  
          penalty may petition the enforcement agency to dismiss or modify  
          the citation giving rise to the penalty, and participate in an  
          informal hearing on the merits of the petition within 30 days of  
          filing.

          This bill was approved by the Senate Committee on Transportation  
          and Housing on April 12, 2016, by a vote of 11-0.








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                                CHANGES TO EXISTING LAW
           
           Existing law  , the Mobilehome Parks Act (MPA), authorizes the  
          Department of Housing and Community Development (HCD) to develop  
          specific requirements relating to the construction, maintenance,  
          occupancy, use, and design of mobilehome parks.  (Health & Saf.  
          Code Sec. 18200 et seq.)

           Existing law  provides that the MPA applies to all parts of the  
          state and supersedes any local ordinance, as specified.  (Health  
          & Saf. Code Sec. 18300 (a).)

           Existing law  provides that upon 30 days' written notice from the  
          governing body to HCD, any city, county, or city and county may  
          assume the responsibility for the enforcement of the MPA and its  
          implementing regulations, as specified.  (Health & Saf. Code  
          Sec. 18300 (b).)

           Existing law  authorizes officers or agents of the applicable  
          enforcement agency to enter and inspect all parks, wherever  
          situated, and inspect all accommodations, equipment, or  
          paraphernalia used in connection therewith, including the right  
          to examine any registers of occupants maintained therein in  
          order to secure the enforcement of the MPA and the regulations  
          adopted pursuant to the MPA.  (Health & Saf. Code Sec. 18400  
          (b).)

           Existing law  states that if, upon inspection, the applicable  
          enforcement agency determines that a mobilehome park is in  
          violation of any provision of the MPA, or any rule or regulation  
          adopted pursuant thereto, the enforcement agency shall promptly  
          issue a notice to correct the violation to the owner or operator  
          of the mobilehome park and to the responsible person, as  
          specified.  The owner or operator of the mobilehome park shall  
          be responsible for the correction of any violations for which a  
          notice of violation has been given.  (Health & Saf. Code Sec.  
          18420 (a).)

           Existing law  states that if, upon inspection, the applicable  
          enforcement agency determines that a manufactured home,  
          mobilehome, an accessory building or structure, or lot is in  
          violation of specified provisions of the MPA, or any rule or  
          regulation adopted pursuant thereto, the enforcement agency  
          shall promptly issue a notice to correct the violation to the  
          registered owner of the manufactured home or mobilehome, with a  







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          copy to the occupant thereof, if different from the registered  
          owner.  The registered owner of the manufactured home or  
          mobilehome shall be responsible for the correction of any  
          violations for which a notice of violation has been given.   
          (Health & Saf. Code Sec. 18420 (b).)

           Existing law  provides that service of the notice of violation  
          shall be effected either personally or by first-class mail.   
          Each notice of violation shall be in writing and shall describe  
          with particularity the nature of the violation in as clear  
          language as the technicality of the violation will allow the  
          average layperson to understand what is being cited, including a  
          reference to the statutory provisions or regulation alleged to  
          have been violated, as well as any penalty provided by law for  
          failure to make timely correction.  For violations other than  
          imminent threats to health and safety, as specified, the notice  
          of violation shall allow 60 days from the postmarked date of the  
          notice or date of personal delivery for the elimination of the  
          condition constituting the alleged violation.  (Health & Saf.  
          Code Sec. 18420 (c).)

           Existing law  provides that if the owner or operator of the  
          mobilehome park or the registered owner of the manufactured home  
          or mobilehome disputes a determination by the enforcement agency  
          regarding the alleged violation, the alleged failure to correct  
          the violation in the required timeframe, or the reasonableness  
          of the deadline for correction specified by the notice of  
          violation, the owner or operator of the mobilehome park or the  
          registered owner of the manufactured home or mobilehome may  
          request an informal conference with the enforcement agency.  The  
          informal conference, and any subsequent hearings or appeals of  
          the decision of the enforcement agency, shall be conducted in  
          accordance with procedures prescribed by HCD.  (Health & Saf.  
          Code Sec. 18421.)

           Existing law  provides that any person who willfully violates the  
          MPA or any rules or regulations adopted by HCD pursuant to the  
          MPA is guilty of a misdemeanor, punishable by a fine not  
          exceeding $400 or by imprisonment not exceeding 30 days, or by  
          both such fine and imprisonment.  (Health & Saf. Code Sec.  
          18700.)

           Existing law  provides that any person who willfully violates the  
          MPA or any rules or regulations adopted by HCD pursuant to the  
          MPA shall be liable for a civil penalty of $500 for each  







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          violation or for each day of a continuing violation.  The  
          enforcement agency shall institute or maintain an action in the  
          appropriate court to collect any civil penalty arising under  
          this section.  (Health & Saf. Code Sec. 18700.)

           This bill  states that in addition to other remedies, the  
          Director of HCD (Director), or an employee authorized by a local  
          enforcement agency, may issue a citation that assesses a civil  
          penalty to any owner or operator, or both, of a mobilehome park  
          or registered owner of a manufactured home, mobilehome, or  
          recreational vehicle, or other responsible party who violates  
          the MPA or regulations adopted pursuant to the MPA, if the owner  
          or operator, or both, or registered owner of a manufactured  
          home, mobilehome, or recreational vehicle, or other responsible  
          party has permitted the continuation of a violation for at least  
          30 days after the expiration of a notice to correct the  
          violation or violations from the enforcement agency.

           This bill  specifies that each citation and related civil penalty  
          assessment shall be issued no later than seven months after  
          issuance of the notice to correct that provides the basis of the  
          citation, and that these penalties shall be in addition to other  
          penalties, as specified.

           This bill specifies that the amount of a civil penalty assessed  
          shall be $100 for each violation that the enforcement agency  
          determines is a hazard constituting an unreasonable risk to  
          life, health, or safety, but shall be increased to $250 for each  
          subsequent violation of the same prohibition for which a  
          citation for the subsequent violation is issued within one year  
          of the citation for the previous violation.

           This bill  specifies that the amount of a civil penalty assessed  
          shall be $200 for each violation that the enforcement agency  
          determines is an imminent hazard representing an immediate risk  
          to life, health, and safety and requiring immediate correction,  
          but shall be increased to $500 for each subsequent violation of  
          the same prohibition for which a citation for the subsequent  
          violation is issued within one year of the citation for the  
          previous violation.

           This bill  specifies that the civil penalties assessed shall be  
          payable to the enforcement agency, notwithstanding any other  
          provision of law, and that payment of the civil penalty shall be  
          remitted to the enforcement agency within 45 days of the  







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          issuance of the citation.

           This bill  specifies that any person or entity served a citation  
          pursuant to this section may petition the Director or the  
          authorized representative of the local enforcement agency, where  
          applicable, to dismiss or modify the citation.  The petition  
          shall be a written request briefly stating the grounds for the  
          request, and must be received by HCD or the local enforcement  
          agency within 30 days of the date of issuance of the citation.   
          Upon receipt of a timely and complying petition, the enforcement  
          agency shall suspend enforcement of the citation and set a time  
          and place for an informal hearing, as specified.

           This bill  specifies that the enforcement agency shall notify the  
          petitioner in writing of its decision and the reasons therefor  
          within 30 days following conclusion of the informal hearing.

           This bill  provides that a mobilehome park owner or operator, or  
          the registered owner of a manufactured home, mobilehome,  
          recreational vehicle, or other responsible party, who both  
          receives a citation with civil penalties issued by an  
          enforcement agency other than HCD, and receives a final, formal  
          order from the enforcement agency following an informal hearing  
          on a submitted petition, shall be entitled to petition HCD to  
          review and investigate, as necessary, the enforcement activities  
          of the local enforcement agency.  This bill specifies procedures  
          for petitioners to follow when seeking such review from HCD.

           This bill  states that if HCD finds that the notice of violation,  
          citation, written determination, or final, formal order issued  
          by the local enforcement agency reflects non-enforcement of the  
          law, HCD shall initiate corrective action including, but not be  
          limited to, cancellation of the civil citation.

           This bill  specifies that informal hearings held pursuant to the  
          above provisions shall not be subject to the administrative  
          adjudication provisions of Chapter 4.5 (commencing with Section  
          11400) of Part 1 of Division 3 of Title 2 of the Government  
          Code.
          
                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author:







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            The Department of Housing and Community Development (HCD) and  
            certain local governments enforce the state's health and  
            safety requirements of the "Mobilehome Parks Act" (MPA) laws  
            and regulations in the 4,500 mobilehome parks with about  
            400,000 spaces throughout the state.  Enforcement includes  
            issuing both park owners and resident homeowners notices of  
            violation for defects in their parks or homes, respectively.   
            Except for imminent hazards, they generally have 30 days to  
            correct the violations.

            Most violations by park owners include dangerously deficient  
            electrical, gas and plumbing systems.  Violations by park  
            residents are mostly accumulations of combustible materials,  
            and electrical cords in lieu of permanent wiring.  The same  
            code violations sometimes linger for years in mobilehome parks  
            because there is no monetary penalty for uncorrected  
            violations.

            Many park owners and residents do not make the repairs,  
            despite repeated "notices" and follow-up inspections, and  
            HCD's authority to obtain compliance is limited by statute.   
            Under current law, noncompliance with an order to repair a  
            serious health and safety defect can only be enforced by  
            expensive civil or criminal court proceedings by local or  
            state public prosecutors, which makes enforcement of serious  
            violations virtually impossible, given other prosecutorial  
            priorities.  The only other options are, for resident  
            violations, to mandate park evictions lawsuits, and, for park  
            violations, to suspend the park's permit to operate and its  
            right to collect rent.  Both options have serious consequences  
            without necessarily resulting in repairs.

            SB 1106 would add to HCD's existing citation authority to  
            allow it, and local governments enforcing the MPA, to issue  
            citations after 30 days have elapsed without repair to an  
            unreasonable or imminent health and safety violation by a park  
            owner or homeowner in a mobilehome park.  The initial  
            citations for an "unreasonable" violation, such as a  
            mobilehome park-wide brownout, would be $100, with subsequent  
            violations within one year being $250.  Similarly, initial  
            citations for an "imminent" hazard, such as running sewage  
            under a mobilehome or trailer unit, would be $200, with  
            subsequent violations within one year being $500.   
            Additionally, simple administrative appeal rights are  







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            provided, including allowing HCD to keep the costs to the  
            state and petitioners reasonable by utilizing in-house  
            informal appeals rather than the Office of Administrative  
            Hearings judges.  The enforcement agency issuing the citation  
            would retain the penalties, thus self-funding the enforcement  
            process.

           2.Incentivizing compliance
           
          As noted in the Background, above, HCD reports that several  
          thousand mobilehome park owners and residents are, and remain,  
          out of compliance with the Mobilehome Parks Act (MPA) and its  
          implementing regulations.  Many of the regulatory violations  
          identified by HCD present significant risks to park residents  
          and guests, including the presence of exposed live electrical  
          equipment and the accumulation of combustible material near  
          residences.  The City of Montclair, writing in support, offers a  
          similar view:
            The City of Montclair has several mobile home and trailer  
            parks, many of which are in need of significant enforcement of  
            health and safety regulations.  However, despite repeated  
            "notices" and follow-up inspections, [HCD's] authority to  
            obtain compliance is limited by statute.  Under current law,  
            noncompliance with an order to repair a serious health and  
            safety defect can only be enforced by expensive civil or  
            criminal court proceedings by local or state public  
            prosecutors, which makes enforcement of serious violations  
            virtually impossible, given other prosecutorial priorities and  
            limited court resources.  Some of these parks -- developed  
            prior to 1960 -- are in need of serious enforcement that will  
            compel owners and residents to maintain their dwellings, which  
            in turn promote healthier and safer environments in the city.

          This bill would incentivize compliance with the MPA and its  
          implementing regulations by authorizing HCD and local  
          enforcement jurisdictions to assess civil penalties ranging from  
          $100 to $500 for violations that remain uncorrected more than 30  
          days after the designated deadline given by an enforcement  
          agency to correct a violation.

          Importantly, the bill provides certain basic due process rights  
          to parties who receive such assessments.  Under existing law,  
          underlying notices of violation must be in writing and describe  
          with particularity the nature of the violation in as clear  
          language as the technicality of the violation will allow the  







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          average layperson to understand what is being cited, including a  
          reference to the statutory provisions or regulation alleged to  
          have been violated, as well as any penalty provided by law for  
          failure to make timely correction.  For violations other than  
          imminent threats to health and safety, a notice of violation  
          must allow 60 days from the postmarked date or date of delivery  
          for the elimination of the condition constituting the alleged  
          violation.  Individuals are provided with an opportunity to  
          contest alleged violations following HCD's informal conference  
          procedures, and can also challenge enforcement actions of local  
          jurisdictions through direct petitions to HCD.

          This bill would offer similar informal conference procedures for  
          individuals to use when contesting civil penalty assessments,  
          and would impose a timeline limiting when such penalties may be  
          assessed to within seven months of the underlying notice of  
          violation.  This bill would also provide a 30-day period in  
          which parties may cure alleged violations before a civil  
          assessment could issue, and would require enforcement of the  
          assessment to be suspended while being contested by an alleged  
          violator.  Just as with existing law, individuals would be able  
          to challenge assessments levied by local jurisdictions through a  
          direct petition to HCD.

           3.Impact to low-income communities
           
          Staff notes that while this bill may ultimately help incentivize  
          compliance with the Mobilehome Parks Act (MPA), the civil  
          assessments authorized by the bill would likely be levied  
          against lower income Californians who may not have the financial  
          means to easily absorb them.  It is unclear what percentage of  
          health and safety violations identified by HCD during its  
          compliance inspections result from deferred maintenance or  
          repairs not undertaken because of a lack of resources.  Should  
          these assessments be levied against mobilehome residents who  
          already lack the resources needed to maintain their properties  
          to the appropriate standard, the additional costs imposed by  
          this bill may actually increase noncompliance by diverting funds  
          away from needed repairs.  Given the impact these assessments  
          could have on lower income communities, the Committee may wish  
          to consider how to best ensure that these assessments do not  
          further impoverish financially vulnerable communities.

           4.Opposition concerns
           







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          The Western Manufactured Housing Communities Association (WMA),  
          writing in opposition, expresses concern that the management of  
          a mobilehome park may ultimately be held responsible for  
          correcting a resident's health and safety violations, or that it  
          may be held financially responsible for civil penalties  
          accumulated by a resident.  WMA also expresses concern over the  
          possibility that penalties may be assessed by an enforcement  
          agency while a park owner or operator's "permit to operate"  
          (PTO) the park is suspended.  They write, "[w]hen the PTO is  
          suspended the management cannot collect rent, which is a pretty  
          big hammer for the enforcement agency" and could "place the  
          community in double-jeopardy."


           Support  :  City of Montclair; Educational Community for  
          Homeowners

           Opposition  :  Western Manufactured Housing Communities  
          Association

                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  :  None Known

           Prior Legislation  :

          SB 244 (Vidak, Ch. 176, Stats. 2015) removed a sunset provision  
          implemented by AB 2272 (Wagner, Ch. 99, Stats. 2012), and  
          thereby indefinitely authorized the management of a mobilehome  
          park to file a petition for an order to enjoin violations of a  
          reasonable rule or regulation of the mobilehome park within the  
          limited jurisdiction of the superior court.

          AB 2272 (Wagner, Ch. 99, Stats. 2012) authorized, until January  
          1, 2016, the management of mobilehome parks to file petitions  
                                                                             for orders to enjoin violations of reasonable rules or  
          regulations of mobilehome parks within the limited jurisdiction  
          of the superior court.

          SB 459 (Lockyer, Ch. 270, Stats. 1991) authorized the management  
          of mobilehome parks to obtain injunctions for three years  
          against continuing or recurring violations of the reasonable  
          rules and regulations of the park.  This bill entitled the  







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          management to an injunction upon showing such a violation by  
          clear and convincing evidence, and authorized the court to grant  
          a temporary order restraining the violation for up to 15 days  
          pending a hearing on the injunction.

           Prior Vote  :  Senate Transportation and Housing Committee (Ayes  
          11, Noes 0)

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