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AB-2291 Mobilehomes.(2023-2024)



Current Version: 04/25/24 - Amended Assembly

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AB2291:v97#DOCUMENT

Amended  IN  Assembly  April 25, 2024
Amended  IN  Assembly  March 04, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2291

Introduced by Assembly Member Alanis

February 12, 2024

An act to amend Sections 18803 and 18804 Section 18803 of the Health and Safety Code, relating to mobilehomes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2291, as amended, Alanis. Mobilehomes.
Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to assist in taking and resolving complaints from homeowners relating to the Mobilehome Residency Law. Existing law requires the department, in administering the program, to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation, and which are not resolved, to these nonprofit legal service providers for possible enforcement action, as specified.
This bill would require a nonprofit legal services provider contracted with the department to provide the department, in its role as the contract manager overseeing the performance of nonprofit legal services contracts, with full access to information regarding the status of each case and the services provided to complainants. The bill would prohibit laws relating to the attorney-client privilege or attorney work product doctrine that protect the confidentiality of communications or records from preventing disclosure, as provided. To the extent any information disclosed to the department includes confidential information subject to the attorney-client privilege or work product protection, the bill would prohibit any described disclosure from constituting a waiver of that privilege or protection. The bill would prohibit the department from disclosing any confidential information received, as specified, to anyone outside of the department. The bill would require the department to conduct regular surveys of complainants referred to a nonprofit legal services provider, as specified. The bill would require the department to monitor updates from a nonprofit legal services provider to detect any inappropriate denial of services and would require the department to respond immediately to correct any denials.

Beginning January 1, 2019, and each subsequent year thereafter, existing law requires the department to assess upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park, to be paid at the time of payment of the annual operating fee imposed under the Mobilehome Parks Act. Existing law establishes the Mobilehome Dispute Resolution Fund for the receipt of moneys received pursuant to these provisions, and makes the fund available upon appropriation by the Legislature.

This bill would instead authorize the department to collect from the management of a mobilehome park the annual registration fee of $10, as described above, in the event that the department and the Department of Finance agree that the fund can cover only 6 months of expenditures.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18803 of the Health and Safety Code is amended to read:

18803.
 (a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802, and which are not resolved pursuant to subdivision (g) of Section 18802, to those nonprofit legal services providers for possible enforcement action.
(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:
(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.
(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.
(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.
(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.
(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.
(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.
(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.

(f)(1)A nonprofit legal services provider contracted with the department pursuant to this section shall provide the department, in its role as the contract manager overseeing the performance of nonprofit legal services contracts, with full access to information regarding the status of each case and the services provided to complainants.

(2)Laws relating to the attorney-client privilege or attorney work product doctrine that protect the confidentiality of communications or records shall not prevent disclosure pursuant to this subdivision.

(3)To the extent any information disclosed to the department includes confidential information subject to the attorney-client privilege or work product protection, disclosure pursuant to this subdivision shall not constitute a waiver of that privilege or protection.

(4)The department shall not disclose any confidential information received pursuant to this subdivision to anyone outside of the department.

(g)

(f) The department shall conduct regular surveys of complainants referred to a nonprofit legal services provider to determine whether the nonprofit legal services provider is in regular communication with the complainants and whether complainants have any concerns about the services provided by the nonprofit legal services provider.

(h)

(g) The department shall monitor updates from a nonprofit legal services provider to detect any inappropriate denial of services and shall respond immediately to correct any denials.

(i)

(h) This section shall become operative on July 1, 2020.

SEC. 2.Section 18804 of the Health and Safety Code is amended to read:
18804.

(a)There is hereby established in the State Treasury the Mobilehome Dispute Resolution Fund. The fund shall receive all moneys derived pursuant to this part. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of implementing this part.

(b)(1)The department may collect from the management of a mobilehome park subject to the Mobilehome Residency Law an annual registration fee of ten dollars ($10) for each permitted mobilehome lot within the mobilehome park in the event that the department and Department of Finance agree that the fund can cover only six months of expenditures.

(2)The department shall collect the registration fee pursuant to this paragraph at the same time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code).

(3)The Legislature finds and declares that the purpose of the fee imposed by this section is to cover the costs of the department incident to the investigation of mobilehome parks for purposes of enforcing the Mobilehome Residency Law.

(c)Notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, within 90 days from payment of the registration fee to the department, management may pass on all or a portion of the amount of the annual registration fee assessed under this section to the homeowners within the mobilehome park and may collect the amount or portion thereof from the homeowner with the rent payment and other charges due, except that management shall not aggregate or include the fee in the rent nor shall the amount exceed ten dollars ($10) per mobilehome space annually. The annual registration fee shall appear as a separate line item in the bill and shall be accompanied by a clear written description of the purpose of the charge to homeowners, along with contact information for the department.

SEC. 3.

The Legislature finds and declares that Section 1 of this act, which amends Section 18803 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act restricts public access to the personal information retained by the Department of Housing and Community Development to maintain trust and confidentiality in attorney-client interactions.