Bill Text: CA AB635 | 2025-2026 | Regular Session | Amended
Bill Title: Mobilehome Residency Law Protection Program: Attorney General.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Engrossed) 2026-08-13 - Read second time. Ordered to third reading. [AB635 Detail]
Download: California-2025-AB635-Amended.html
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Amended
IN
Senate
August 03, 2026 |
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Amended
IN
Senate
June 15, 2026 |
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Amended
IN
Assembly
April 10, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 635
| Introduced by Assembly Member Ahrens (Principal coauthor: Assembly Member Krell) (Principal coauthor: Senator Umberg) (Coauthors: Assembly Members Harabedian and Kalra) |
February 13, 2025 |
An act to amend Sections 18802, 18804, 18805, and 18806 of, to amend and repeal Section 18803 of, and to add Section 18803.1 to, the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 635, as amended, Ahrens.
Mobilehome Residency Law Protection Program: Attorney General.
Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. The law deems the substantial failure of the management of a mobilehome park, as defined, to provide and maintain physical improvements in the common facilities in good working order and condition, and the substantial violation of a mobilehome park rule, to be a public nuisance that may be remedied only by a civil action or abatement, as specified. The law authorizes a civil action for purposes of that provision to be brought by, among others, the Attorney General.
Existing law establishes within the Department of Housing and Community Development the Mobilehome Residency Law Protection Program, which authorizes additional enforcement measures for violations of the Mobilehome Residency Law. Existing law requires the department
to refer any alleged violations of law or regulations within the department’s jurisdiction to the Division of Codes and Standards within the department, and to refer any alleged violations of law or regulations that are not within the jurisdiction of the department, as specified, to the appropriate enforcement agency.
This bill would require the department to additionally refer alleged violations of the Mobilehome Residency Law, certain laws relating to the conversion or closure of a mobilehome park, and related local government ordinances to a nonprofit legal services provider within 5 days of receipt.
Existing law authorizes the department to refer alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency.
This
bill would authorize the department to also refer alleged violations of a local ordinance to the appropriate enforcement agency.
Existing law requires the department to contract with one or more qualified and experienced nonprofit legal services providers for purposes of the Mobilehome Residency Law Protection Program and to refer complaints to those providers for possible enforcement action. Existing law establishes minimum requirements for nonprofit legal services providers that may contract with the department for these purposes.
This bill would instead require the department to develop a grant process to distribute funds to those nonprofit legal services providers and to refer program complaints to those providers for possible enforcement action. The bill would require that grant process to be fully developed and operational for program complaints by July 1, 2029. The bill would require nonprofit legal services
providers, in order to receive a grant, to meet the same requirements applicable to a provider contracting with the department under existing law. The bill would specify that these provisions do not interfere with or replace any existing contracts or commitments between the department and any legal services provider entered into before the grant program is operational.
Existing law creates the Mobilehome Dispute Resolution Fund, as specified, and requires moneys in the fund to be available, upon appropriation by the Legislature, for purposes of implementing the program.
This bill would require moneys in the fund to be made available to the department or to the Attorney General, upon appropriation by the Legislature, for purposes of implementing the program. The bill would require the Attorney General to use funds appropriated to it as necessary to perform duties related to enforcing the alleged violations described
above.
Existing law requires the department to submit an annual report to the Governor and the Legislature outlining, among other things, the amount of registration fees collected and the amount expended on the program.
This bill would additionally require the department to include the amount expended by the Attorney General, as specified, and the number of complaint allegations referred to the Attorney General, as specified, in the annual report.
Existing law repeals the above-described provisions relating to the Mobilehome Residency Law Protection Program on January 1, 2027.
This bill would extend that repeal date to June 30, 2033.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18802 of the Health and Safety Code is amended to read:18802.
(a) The Mobilehome Residency Law Protection Program is hereby established within the department.(b) Except as provided in subdivision (c), the department shall provide assistance in taking complaints, and helping to coordinate the resolution of those complaints, made by and on behalf of homeowners relating to the Mobilehome Residency Law.
(c) The department 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 rental agreements, but may provide information on these issues to the complaining party,
management, or other responsible party.
(d) (1) The department shall refer any alleged violations of law or regulations within the department’s jurisdiction to the Division of Codes and Standards within the department.
(2) The department shall refer any alleged violations of the Mobilehome Residency Law, Section 65863.7 of the Government Code, or related local ordinances, including rent stabilization ordinances, to a nonprofit legal services provider pursuant to Section 18803 or 18803.1, as applicable, within five days of receipt.
(3) The department may refer any alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, violations of a local
ordinance, rent disputes, criminal activity, or alleged discrimination, to the
appropriate enforcement agency.
(4) The department may make multiple referrals in accordance with this subdivision, and the department shall avoid duplication of effort in any complaints that are referred more than once.
(e) (1) Upon receipt of a complaint, the department shall send the complaining party a letter confirming receipt If the department refers the complaint to a nonprofit legal services provider pursuant to paragraph (2) of subdivision (d), or to the appropriate enforcement agency, pursuant to paragraph (3) of subdivision (d), the letter shall communicate that referral.
(2) A letter issued pursuant to this subdivision shall be in the same medium as the complaint to
which the letter is in response.
(f) In evaluating a complaint, the department may request a copy of the lease, park rules, or any other relevant written documents applicable to a complaint from management. Management shall provide the information requested pursuant to this paragraph within 15 business days from the postmark date or the electronic transmission of the request. The department shall establish a mechanism for management to provide the documents electronically. Failure to comply with this requirement shall result in a noncompliance citation of two hundred fifty dollars ($250) for each failure to comply. The department shall not provide the documents it receives pursuant to this paragraph to any person or entity other than the nonprofit legal services provider, an appropriate enforcement agency, or the complainant.
(g) The department may aggregate multiple complaints
of violations of law or regulations within the department’s jurisdiction into a single investigation. Multiple complaints may be aggregated within a single mobilehome park, or within multiple mobilehome parks where there is either:
(1) A common mobilehome park owner or mobilehome park owner entity, or common principals, partners, shareholders, members, or legal ownership amongst the multiple mobilehome parks.
(2) A common third-party or off-site management entity which manages the multiple mobilehome parks.
(h) Participation in the administrative procedures authorized by this part shall not be deemed to be grounds to authorize a delay in the prosecution of an unlawful detainer action. However, this section
shall not be construed as preventing a court from exercising any power to delay based upon any other grounds.
(i) This section shall become operative on July 1, 2020.
(j) (1) The department may adopt regulations as necessary or appropriate to implement this section.
(2) Until January 1, 2027, the adoption and readoption of regulations to implement this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action.
(3) Before submitting an emergency regulation to the office the department shall solicit and consider stakeholder comments in the design and implementation of the program in at least one 30-day public comment period. The department shall provide responses in writing to substantive written comments received during the comment period.
SEC. 2.
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) This section shall remain in effect only until June 30, 2029, and as of that date is
repealed.
SEC. 3.
Section 18803.1 is added to the Health and Safety Code, to read:18803.1.
(a) (1) In administering the program, the department shall develop a grant process to distribute funds to one or more qualified and experienced nonprofit legal services providers and refer any complaints pursuant to paragraph (2) of subdivision (d) of Section 18802, to those nonprofit legal services providers for possible enforcement action.(2) The department shall fully develop the grant process and the grant process shall be fully operational for all complaints by July 1, 2029. The department shall begin referring any alleged violations pursuant to subdivision (d) of Section 18802 by no later than July 1, 2030.
(b) A nonprofit legal services provider may only participate in the grant program described in subdivision (a) if it 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 and residents
of mobilehome parks.
(c) A nonprofit legal services provider that receives a grant 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 that receives a grant 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 grant approved by 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 that receives a grant pursuant to this section shall not do either of the following:
(1) Charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.
(2) Deny services based on income limits or other financial data of the complainant.
(f) (1) Nothing in this section shall be interpreted to interrupt, interfere with, or replace any existing contracts or commitments between the department and any nonprofit legal services provider entered into pursuant to Section 18803 as it read on or before June 30, 2029, unless otherwise agreed to by the parties.
(2) The department shall continue to contract with nonprofit legal services providers, or extend any existing contracts with legal services providers, until the grant process described in this section has been fully developed, so as to ensure no interruption or delay in the nonprofit legal services provided pursuant to Section 18803, as it read on or before June 30, 2029.
(3) The continuation of the department contracting A contract with a nonprofit legal services provider that is entered into or amended under Section 18803, as it read on or before June 30, 2029, shall be considered a legal services contract for purpose
of paragraph (4) of subdivision (c) of Section 10335.5 of the Public Contract Code only until and shall not be subject to Section 10353.5 of the Public Contract Code or Section 11042 of the Government Code if the contract was executed before June 30, 2029.
SEC. 4.
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 made available to the department, upon appropriation by the Legislature, for purposes of implementing this part.(b) (1) Beginning January 1, 2019, and each subsequent year thereafter, the department shall assess upon, and 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. The department shall collect the registration fee at the same
time as the annual operating permit fee imposed under the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)).
(2) 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. 5.
Section 18805 of the Health and Safety Code is amended to read:18805.
(a) The department shall include all of the following information in the annual report submitted pursuant to Section 50408:(1) The amount of registration fees collected pursuant to Section 18804 and the amount expended on the program.
(2) The total number of complaint allegations received, the total number of complaint allegations processed, and the total number of complaint allegations referred to a nonprofit legal services provider pursuant to paragraph (2) of subdivision (d) of Section 18802, or to the appropriate enforcement agency, pursuant to paragraph (3) of subdivision (d) of Section 18802.
(3) The type of complaint allegations received.
(4) To the extent possible, the outcome of each complaint received by the program.
(5) Activities completed by a nonprofit legal services provider contracted with or that receives a grant pursuant to the program.
(6) The most common complaint allegations.
(7) Recommendations for any statutory or administrative changes to the program.
(b) The department shall additionally report the information required pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) to the task force convened
pursuant to Section 18400.3.
