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New California Laws That Could Affect Your Park

Establishes the Mobilehome Residency Law Protection Program (MRLP), beginning July 1, 2020, within the Department of Housing and Community Development (HCD) to help coordinate the resolution of complaints from homeowners relating to the Mobilehome Residency Law (MRL). Specifically, this bill:

AB 3066 (Mark Stone)

  • States the intent of the Legislature to enact the MRLP to protect and safeguard the most vulnerable mobilehome homeowners by affording them an additional avenue to enforce violations of the Mobilehome Residency Law (MRL).
  • Provides that HCD shall not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or regnal agreements but may provide information to the complaining party, management, or other responsible party.
  • Requires alleged violations of law or regulations to be referred to the department's Division of Codes and Standards.
  • Provides that HCD may refer any alleged violation of law not within its jurisdiction to the appropriate Requires alleged violations of law or regulations to be referred to the department's Division of Codes and Standards. enforcement agency.
  • Requires HCD after receiving a complaint, to provide a letter confirming receipt of the complaint and the provisions of the MRL that may relate to the complaint to the complainant. The letter shall also indicate if HCD is referring the complaint to an appropriate enforcement agency.
  • Requires HCD to select the most severe, deleterious, materially, and economically impacted alleged violations of the MRL for state evaluation.
  • Allows HCD to request various documents from park management when evaluating a complaint and authorizes a $250 penalty for failure to comply. Provides that HCD shall not provide the documents to any other entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.
  • Requires HCD to notify a complaining party and park owner if the complaint is referred to a nonprofit legal services provider. Gives the homeowner and park owner 25 days to resolve the complaint after which it will be referred to an appropriate enforcement agency or nonprofit legal services provider.
  • Allows HCD to aggregate multiple complaints into a single investigation if the complaints involve a common park owner or a common third-party or off-site management entity that manages multiple parks.
  • Provides that participation in the administrative procedures authorized by the MRLP is not grounds to authorize a delay in the prosecution of an unlawful detainer action. A court shall not be prevented from exercising any power to delay an unlawful detainer action based upon any other grounds.
  • Authorizes HCD to contract with one or more qualified and experienced nonprofit legal service providers and refer complaints that are not resolved for possible enforcement action.
  • Requires HCD to contract with a nonprofit legal service provider that meets all of the following requirements: a Requires HCD to notify a complaining party and park owner if the complaint is referred to a nonprofit legal services provider. Gives the homeowner and park owner 25 days to resolve the complaint after which it will be referred to an appropriate enforcement agency or nonprofit legal services provider.) Has experience handling complaints, disputes, or matters arising from the provisions of the MRL or matters related to general landlord-tenant law; b) Has experience representing individuals in dispute resolution processes, state court proceedings, and appeals; and c) Has sufficient staff and financial ability to provide legal services to homeowners.
  • Requires a nonprofit legal services provider to maintain adequate legal malpractice insurance and agrees to indemnify and hold the state harmless from any claims arising from the legal services provided.
  • Provides that a nonprofit legal services provider has sole authority to determine which referred complaints will be addressed or pursued based on the resources provided to it by HCD.
  • Requires the non-profit legal services provider to inform HCD of any complaints not handled due to a shortage of resources.
  • Prohibits a nonprofit legal services provider from charging a homeowner any fees for any services performed in connection with a complaint referred to it by HCD.
  • Authorizes a $10 fee per on all permitted lots in mobilehome parks to fund the MRLP program. HCD shall collect the fee at the same time it collects the annual operating permit fee imposed by the Mobilehome Park Act.
  • Requires HCD, on January 1, 2023, to submit a written report to the Legislature outlining data collected on the MRLP program. The report shall include: a) The amount of fees collected for and expended on the program; b) The total number of complaints received, processed, and referred to an enforcement agency or to a nonprofit legal services provider; c) The types of complaint allegations received; d) The outcome of each complaint received by the program; e) Activities completed by a nonprofit legal services provider; The most common complaint allegations; and g) Recommendations for any statutory or administrative changes to the program.
  • Sunsets the program on January 1, 2024.
  • Includes the following definitions: a) "Homeowner" means a person who has tenancy in a mobilehome park subject to a rental agreement. b) "Management" means an owner of a mobilehome park or his agent that is authorized to act on his or her behalf on matters of tenancy. c) "Mobilehome" means a structure designed for human habitation that may be moved on a street or highway under a permit and a manufactured home as defined in Health and Safety Code Section 18007. d) "Mobilehome park" means an area of land where two or more homes are rented out, or held out for rent, to accommodate mobilehomes for human habitation. e) "Rental agreement" means an agreement between the management and a homeowner establishing the terms and conditions of a park tenancy. This includes a rental agreement.

EXISTING LAW: Regulates, pursuant to the MRL, the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civil Code Section 798, et seq.) (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).

SB 142
Chaptered: 10/10/2019 Employees: lactation accommodation. Would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish remedies that include filing a complaint with the Labor Commissioner.

AB 51
Chaptered: 10/10/2019
Employment discrimination: enforcement. Would prohibit a person from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. The bill would also prohibit an employer from threatening, retaliating or discriminating against, or terminating any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.

AB 673
Chaptered: 10/10/2019
Failure to pay wages: penalties. Current law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, including a provision prohibiting wage differential on the basis of sex, as provided in specified provisions of the Labor Code. Current law requires the Labor Commissioner to recover that penalty as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. Current law requires that a specified percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund. This bill would also authorize the affected employee to bring an action to recover specified statutory penalties against the employer as part of a hearing held to recover unpaid wages.

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