12980.
This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6 of this part, and, commencing on and after July 1, 2020, for the prevention and elimination of actions made unlawful under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) against homeowners and residents, as defined in Sections 798.9 and 798.11 of the Civil Code, respectively, of mobilehomes.(a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7, or, commencing on and after July 1, 2020, a homeowner or resident, as defined in Section 12989.50, claiming to be aggrieved by an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department. With respect to the filing of a complaint
pursuant to this subdivision, the following shall apply:
(1) The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainant’s right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainant’s request.
(2) (A) On and after July 1, 2020, for complaints based upon an alleged violation of the Mobilehome
Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), an aggrieved homeowner or resident shall first file a complaint with the department prior to pursuing judicial relief under other applicable laws, unless the aggrieved homeowner or resident believes in good faith that the claim requires immediate judicial relief so as to protect a tenancy interest or property right, in which case the aggrieved homeowner or resident may first pursue judicial relief under other applicable laws without filing a complaint with the department. If judicial relief is pursued to protect a tenancy interest or property right, the aggrieved homeowner or resident shall notify the department that a civil action has been filed with the court by providing the department with either a copy of the complaint filed with the court, along with the reason for immediate
judicial relief, or a form developed by the department for this purpose. The failure of a homeowner or resident to file a complaint based upon an alleged violation of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) shall not prevent the homeowner or resident from pursuing any and all available remedies, including judicial relief, under the law.
(B) On and after July 1, 2020, notwithstanding subparagraph (A), after a complaint is filed with the department and no less than 30 days have elapsed from this filing date, an aggrieved homeowner or resident who is unsatisfied with the department’s investigation
of the complaint or enforcement of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) pursuant to this section may pursue immediate judicial relief under other applicable laws without a final action by the department regarding the complaint. The aggrieved homeowner or resident shall also notify the department that a civil action has been filed with the court by providing the department with either a copy of the complaint filed or a form developed by the department for this purpose.
(b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination, or violations of the Mobilehome Residency Law (Chapter 2.5
(commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) that are subject to enforcement actions under this article.
No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated.
(c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where this article provides greater rights and remedies to an aggrieved person, or mobilehome homeowner or resident, than Article 1
(commencing with Section 12960), this article shall prevail.
(d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law.
(e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint.
(f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so or if the investigation would cause the department to exceed the funds available within the Mobilehome Residency Law Protection Fund in a given year. If the
investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the department’s reasons for not doing so.
(g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following:
(1) The names of any witnesses and the dates of any contacts with those witnesses.
(2) A summary of the dates of any correspondence or other contacts with the aggrieved persons, or mobilehome homeowners or residents, or the respondent.
(3) A summary of witness statements.
(4) Answers to interrogatories.
(5) A summary description of other pertinent records.
A final investigative report may be amended if additional evidence is later discovered.
(h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person, or mobilehome homeowner or resident, claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person, or mobilehome homeowner or resident, claiming to be aggrieved may bring a
civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person, or mobilehome homeowner or resident, claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if the person does not desire to file a civil action. The superior court shall have jurisdiction of these actions, and the aggrieved person, or mobilehome homeowner or resident, may file in this court. The action may be brought in any county in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the
action may be brought within the county of the defendant’s residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorney’s fees.
(i) All agreements reached in settlement of any housing discrimination or mobilehome residency complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act.
(j) All agreements reached in settlement of any housing discrimination
or mobilehome residency complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department.
(k) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.