Today's Law As Amended


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AB-1205 Mobilehome Residency Law: mediation program.(2013-2014)



As Amends the Law Today


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. Expenditures from the account may be used only for the costs associated with administering the mediation program under this chapter.
(b) Each 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 ($____) for each mobilehome that is subject to this chapter within a mobilehome park. An owner may assess homeowners a maximum of ____ dollars ($____) of this 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.

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.