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AB-2002 Mobilehome parks: enforcement: violations.(2021-2022)

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Date Published: 06/20/2022 02:00 PM
AB2002:v96#DOCUMENT

Amended  IN  Senate  June 20, 2022
Amended  IN  Assembly  May 02, 2022
Amended  IN  Assembly  April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2002

Introduced by Assembly Member Villapudua
(Coauthor: Assembly Member Seyarto)

February 14, 2022

An act to amend Sections Section 18420 and 18511 of the Health and Safety Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 2002, as amended, Villapudua. Mobilehome parks: enforcement: violations.

(1)Existing

Existing law, the Mobilehome Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks. Existing law provides for the enforcement of the act by the Department of Housing and Community Development and by every city, county, or city and county, collectively known as enforcement agencies. Existing law requires an enforcement agency, after conducting an inspection and determining that a violation exists, to issue a notice to correct the violation to the registered owner or occupant, as specified. Existing law requires the department to develop a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes may be eligible, and requires that list to be provided to a registered owner or occupant who receives a notice of violation.
This bill would require the department, subject to appropriation by the Legislature for those purposes, to provide grants or other funding mechanisms to registered owners or occupants of mobilehomes or manufactured homes who are unable to afford the repair of their homes as required by the enforcement agency. The bill would establish the Mobilehome Repair Grant Fund in the State Treasury, to be available to the department upon appropriation by the Legislature, for the purposes specified above.

(2)Existing law makes it unlawful for any person to operate a mobilehome park without a permit issued by an enforcement agency. Existing law requires an enforcement agency to issue and serve upon a permitholder a notice setting forth the provisions of the act that have been violated and notify the permitholder that, unless the provisions are complied with within 30 days, the permit is subject to suspension.

This bill would prohibit an enforcement agency from suspending a permitholder’s permit for the failure of a registered owner of a manufactured home or mobilehome, the failure of an owner of a recreational vehicle or a factory-built house, or the failure of a resident to correct a violation for which notice has been given, as specified, unless failure to suspend the permit would result in an imminent danger to health and safety. The bill would require the enforcement agency to determine whether a violation would result in an imminent danger to health and safety and would require the enforcement agency, if it so finds, to identify the violation that presents the danger.

(3) The bill would make legislative findings and declarations relating to manufactured housing.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The bill would make legislative findings and declarations relating to manufactured housing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) California has a severe housing crisis.
(2) California recently broke the $800,000 median home price mark for the first time in history, showing the need for California families to have the support of the State of California to assist them remaining in their homes and keeping mobilehome parks open.
(3) Manufactured housing provides an excellent option for affordable home ownership for many Californians, offering housing far below traditional home costs.
(4) Many of California’s manufactured housing residents are seniors or retirees living in senior-only parks and families seeking an affordable community environment in which to live.
(5) Manufactured housing residents own their homes and rent the land on which their home resides. Rents paid by manufactured housing residents cover park amenities, park common areas, and maintenance of in-park infrastructure, such as roads and fences, excluding utility services, such as gas, water and electric. Residents are responsible for making other payments similar to other homeowners, and these payments include mortgages and taxes, as well as payments for repairs and maintenance to ensure upkeep of their homes.
(6) Many manufactured housing residents cannot afford to make needed repairs to their homes, especially repairs for health and safety violations that are cited by the statewide or local enforcement agencies. Therefore, those residents may face eviction as a result of noncompliance with the repair orders delivered to them by the enforcement agencies.
(b) Therefore, it is the intent of the Legislature to enact legislation to ensure manufactured housing residents can afford to make the necessary repairs to both imminent and nonimminent health and safety violations in order to remain in a safe and secure home.

SEC. 2.

 Section 18420 of the Health and Safety Code is amended to read:

18420.
 (a) (1) If, upon inspection, the enforcement agency determines that a mobilehome park is in violation of any provision of this part, or any rule or regulation adopted pursuant thereto, the enforcement agency shall promptly, but not later than 10 days, excluding Saturday, Sunday, and holidays, after the enforcement agency completes the inspection and determines that the alleged violation exists, issue a notice to correct the violation to the owner or operator of the mobilehome park and to the responsible person, as defined in Section 18603.
(2) In the event of a violation that constitutes an imminent threat to health and safety, the notice of violation shall be issued immediately and served on the owner or operator of the mobilehome park and to the responsible person, as defined in Section 18603.
(3) 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 pursuant to this subdivision.
(b) (1) If, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of any provision of Chapter 4 (commencing with Section 18500), Chapter 5 (commencing with Section 18601), Chapter 6 (commencing with Section 18690), or any rule or regulation adopted pursuant thereto, the enforcement agency shall promptly, but not later than 10 days, excluding Saturday, Sunday, and holidays, after the enforcement agency completes the inspection and determines that the alleged violation exists, issue a notice to correct the violation to the registered owner of the manufactured home or mobilehome, with a copy to the occupant thereof, if different from the registered owner.
(2) In the event a violation is discovered that constitutes an imminent hazard representing an immediate risk to life, health, and safety and requiring immediate correction, the notice of violation shall be issued immediately and served upon the occupant, with a copy mailed to the registered owner of the manufactured home or mobilehome, if different from the occupant, to the owner or operator of the mobilehome park, and to the responsible person, as defined in Section 18603.
(3) 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 pursuant to this subdivision.
(4) The enforcement agency may issue a notice of violation in accordance with this chapter to the owner of a recreational vehicle, or of factory-built housing, which occupies a lot within a mobilehome park.
(c) (1) 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.
(2) (A) The department shall develop a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes residing in mobilehome parks may be eligible. The list shall be provided to registered owners or occupants who receive notices of violation and who reside in those jurisdictions that have rehabilitation or repair programs for which they may be eligible.
(B) Subject to appropriation by the Legislature, the department shall provide grants or other funding mechanisms to registered owners or occupants of manufactured homes and mobilehomes who are unable to afford the repair of their homes as required by the enforcement agency pursuant to subdivision (b). The Mobilehome Repair Grant Fund is hereby established in the State Treasury. Moneys in the fund shall be available to the department upon appropriation by the Legislature for the purposes specified in this subparagraph.
(3) For violations other than imminent threats to health and safety as provided in paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b), 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.
(4) If after the reinspection of a violation described in paragraph (3) of this subdivision, the enforcement agency determines that there is a valid reason why a violation has not been corrected, including, but not limited to, weather conditions, illness, availability of repair persons, or availability of financial resources, the enforcement agency may extend the time for correction, at its discretion, for 30 days or an additional reasonable period of time after the 60-day period.
(5) Upon a reinspection after the 60-day period of a violation described in paragraph (3) of this subdivision, if a second notice to correct a violation that is the responsibility of the registered owner of the manufactured home or mobilehome pursuant to paragraph (1) of subdivision (b) is issued to the registered owner of a manufactured home or mobilehome, with a copy to the occupant thereof, if different from the registered owner, a copy of the notice shall also be provided to the owner or operator of the mobilehome park, and to the responsible person, as defined in Section 18603. Upon a reinspection after the 60-day period of a violation described in paragraph (3) of this subdivision, if a second notice to correct a mobilehome park violation pursuant to paragraph (1) of subdivision (a) is issued to the owner or operator of the mobilehome park and to the responsible person, as defined in Section 18603, the enforcement agency shall post a copy of the violation in a conspicuous place in the mobilehome park common area, and the posted notice shall only be removed by the enforcement agency when the violation is corrected.
(6) All violations described in paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) shall be corrected within a reasonable time as determined by the enforcement agency. Notices of those violations shall state the time determined by the enforcement agency within which corrections must be made.
(d) Notwithstanding any other law, the enforcement agency may, at its sole discretion, determine not to issue a notice of violation pursuant to this chapter if the condition which violates this part or the regulations adopted pursuant thereto does not constitute an imminent hazard representing an immediate risk to life, health, and safety and requiring immediate correction. If the enforcement agency determines, pursuant to this subdivision, not to issue a notice of violation, the enforcement agency shall include in its inspection report a description of the condition which violates this part and its determination not to issue a notice of violation.

SEC. 3.Section 18511 of the Health and Safety Code is amended to read:
18511.

(a)(1)The enforcement agency shall issue and serve upon the permittee a notice setting forth in what respect the provisions of the permit or this code have been violated, even if the enforcement agency determines the permit is not subject to suspension pursuant to subdivision (b).

(2)Unless an exception to suspension, as described in subdivision (b), applies, the enforcement agency shall notify the permittee that, unless these provisions have been complied with within 30 days after the date of notice, the permit shall be subject to suspension.

(b)Unless failure to do so would result in imminent danger to health and safety, an enforcement agency shall not suspend a permittee’s permit for any of the following:

(1)The failure of a registered owner of a manufactured home or mobilehome to correct a violation for which notice has been given pursuant to subdivision (b) of Section 18420, provided that the permittee does not own the manufactured home or mobilehome for which notice of violation has been given.

(2)The failure of an owner of a recreational vehicle or a factory-built house occupying a lot within a mobilehome park to correct a violation for which notice has been given pursuant to paragraph (4) of subdivision (b) of Section 18420, provided that the permittee does not own the recreational vehicle or factory-built house occupying a lot for which notice of violation has been given.

(3)The failure of a resident, as defined in Section 798.11 of the Civil Code, to correct a violation for which notice has been given, provided that the permittee does not own the manufactured home or mobilehome for which notice of violation has been given.

(c)The enforcement agency shall determine whether a violation presents an imminent danger to health and safety. If the enforcement agency finds that a violation or violations of the provisions of the permit or this code present an imminent danger to health and safety, the enforcement agency shall identify each violation that does so.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.