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

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AB1205:v97#DOCUMENT

Amended  IN  Assembly  April 08, 2013
Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 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 (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   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.