Bill Text: CA SB915 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobilehome parks: emergency relief: coronavirus (COVID-19).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file. [SB915 Detail]
Download: California-2019-SB915-Amended.html
Bill Title: Mobilehome parks: emergency relief: coronavirus (COVID-19).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file. [SB915 Detail]
Download: California-2019-SB915-Amended.html
|
Amended
IN
Senate
March 05, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 915
| Introduced by Senator Leyva (Principal coauthor: Senator Dodd) |
February 03, 2020 |
An act to add Section 18805.5 to the Health and Safety Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
SB 915, as amended, Leyva.
Mobilehome parks: manager training.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. This law, among other things, requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions.
Exisng
Existing law, the Mobilehome Parks Act, requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks
to ensure enforcement of the act and implementing regulations. A violation of these provisions is a crime.
Existing law, the Mobilehome Residency Law Protection Act, beginning July 1, 2020, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development. This law requires the department to provide assistance in resolving and coordinating the resolution of complaints from homeowners relating to mobilehome parks.
This bill would require the Department of Housing and Community Development, by January 1, 2022, to adopt regulations to require each person employed or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park to receive appropriate training, consisting of at least 18 hours per
during the initial
year, and ____ hours of training in every subsequent year, on among other topics, mobilehome rules and regulations and responding to complaints.
This bill would require the department to offer the training in an online format, would authorize the training to be offered in other formats, and would authorize the department to consult with the Department of Consumer Affairs in offering the training. The bill would also require the department to develop a system for performing up-to-date background checks of each person subject to these provisions and would authorize the department to consult with the Department of Consumer Affairs in developing this system. The bill would require the department, upon a person’s satisfactory completion of the training and the examination, and upon meeting the other requirements, to issue the person a certificate of
completion, and would establish a process for renewing the certificate.
This bill would establish the Mobilehome Park Training Fund within the State Treasury to receive all moneys derived under the bill’s provisions and moneys in the fund would be available, upon appropriation by the Legislature, to the Department of Housing and Community Development, for the purpose of carrying out these provisions. The bill would also authorize the department to establish, by regulation, a fee-based structure, not to exceed the department’s reasonable costs in administering these provisions.
This bill would require the management of each mobilehome park to post a copy of the certificate issued to it by the department in a conspicuous location onsite, as specified. The bill would authorize the department, if management of a mobilehome park is out of compliance with these requirements, to
impose a civil penalty and suspend the management’s permit to operate, upon first providing adequate notice and an opportunity to be heard in accordance with certain procedural requirements of the Mobilehome Parks Act. By extending the application of a crime, the bill would impose a state-mandated local program.
The bill would exempt real estate licensees from its provisions.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares that the quality of services provided to homeowners within manufactured homes and mobilehome parks by onsite management depends upon the adequate training of management, particularly with respect to addressing common complaints from homeowners relating to the Mobilehome Residency Law.(b) It is the intent of the Legislature in enacting this act to ensure that the management of mobilehome parks have the knowledge, proficiency, and skills needed to carry out the duties of their jobs.
SEC. 2.
Section 18805.5 is added to the Health and Safety Code, to read:18805.5.
(a) By January 1, 2022, the department shall adopt regulations to require each person employed as or acting under contract as an onsite manager or assistant manager, or otherwise acting in an onsite or offsite managerial capacity or role, on behalf of a mobilehome park to receive appropriate training, consistent with this section.(b) This training shall consist of at least 18 hours per year, during the initial year, including completion of an annual end-of-year online examination.
examination, which shall occur within one year of the person’s hiring date or by January 1, 2023, whichever occurs later. Each year thereafter the training shall consist of at least ____ hours of followup training coursework, followed by an online examination. The training coursework may utilize various methods of instruction, including, but not limited to, lectures, instructional videos, and online courses.
(c) In developing the training, the department shall review the complaints it has received since beginning the program on July 1, 2020, and shall determine which types of complaints are most prevalent among parks throughout the state. Based on the findings of its review, the department shall develop the content for the training and the examination process.
(d) The department shall offer the training in an online format and may offer the training in other formats, as appropriate. The department may consult with the Department of Consumer Affairs in offering the training.
(e) The training described in this section shall focus upon and include, at minimum, all of the following:
(1) The provisions 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), including, but not limited to, the “Rental Agreement” (Article 2 (commencing with Section 798.15)), “Rules and Regulations” (Article 3 (commencing with Section 798.23)), “Fees and Charges” (Article 3.5 (commencing with Section 798.30)), “Utilities” (Article 4 (commencing with Section 798.40)), “Homeowner
Communications and Meetings” (Article 5 (commencing with Section 798.50)), “Termination of Tenancy” (Article 6 (commencing with Section 798.55)), and “Transfer of Mobilehome or Mobilehome Park” (Article 7 (commencing with Section 798.70)).
(2) Rights and responsibilities of homeowners and management.
(3) Management’s response to homeowner complaints.
(4) Addressing emergencies and emergency preparedness and procedures.
(5) Communication with homeowners.
(6) Mobilehome Parks and Installations regulations, contained in Chapter 2 of Division 1 of Title 25 of the California Code of Regulations.
(7) Mobilehome title and registration.
(8) Applicable Vehicle Code provisions.
(9) Any changes or updates to the Mobilehome Residency Law from the prior year shall be included in the yearly training requirements.
(f) The department shall develop a system for performing up-to-date background checks of each person subject to this section. The department may consult with the Department of Consumer Affairs in developing this system.
(g) Upon a person’s satisfactory completion of the training and the examination, and upon
meeting the other requirements of this section, the department shall issue the person a certificate, effective for one year. To renew a certificate, the certificate holder shall, on or before the certificate’s expiration date, apply for renewal on a form provided by the department and submit documentation of the required training.
(h) The department shall give written notice to a certificate holder 90 days in advance of the renewal date, informing the certificate holder, in general terms, of the provisions of this section.
(i) The Mobilehome Park Training Fund is hereby established in the State Treasury. The fund shall receive all moneys derived pursuant to this section. Moneys in the fund shall be available, upon appropriation by the Legislature, to the department for expenditure
in carrying out the provisions of this section. The department shall establish, by regulation, a fee-based structure to cover the department’s costs. The fees shall not exceed the reasonable costs to the department in administering this section. None of the fees described in this subdivision shall be reimbursable to park management by homeowners.
(j) The management of a mobilehome park shall post a copy of the certificate issued by the department pursuant to this section in a conspicuous location onsite, near the sign required by Section 18253.5. If the management is out of compliance with the requirements of this section, the department shall have the authority to impose a civil penalty and suspend the management’s permit to operate the mobilehome park,
upon first providing adequate notice to management and an opportunity to be heard prior to suspension, in accordance with the provisions of Part 2.1 (commencing with Section 18200).
(k) The requirements of this section shall not apply to a person who is licensed under the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code).
