Bill Text: CA SB915 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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Amended  IN  Senate  April 15, 2020

Amended  IN  Senate  March 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 915

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Introduced by Senator Leyva
(Principal coauthor: Senator Dodd)

February 03, 2020

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An act to add Section 18805.5 to the Health and Safety 798.63 to the Civil Code, relating to mobilehomes.

LEGISLATIVE COUNSEL'S DIGEST

SB 915, as amended, Leyva. Mobilehome parks: manager training. emergency relief: coronavirus (COVID-19).

Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Under existing law, the management of a mobilehome park may not terminate or refuse to renew a tenancy, except pursuant to certain procedures, and upon giving written notice to the homeowner of not less than 60 days. 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. defines “management” to mean the owner of a mobilehome park or an agent or representative authorized to act on the owner’s behalf in connection with matters relating to a tenancy in the park. Existing law defines a “resident” as a homeowner or other person who lawfully occupies a mobilehome.

This bill would prohibit the management of a mobilehome park from terminating or attempting to terminate the tenancy of a resident who is impacted by the coronavirus (COVID-19) pandemic during a declared state of emergency or local emergency related to the COVID-19 pandemic, and during a 120-day time period after the declared emergency order is lifted. The bill would also prohibit the management of a mobilehome park from issuing a 60-day notice of termination of tenancy during this timeframe.

This bill would provide that a resident impacted by the COVID-19 pandemic, as specified, shall have 15 days before the resident’s rent, utilities, and other park charges are due, or 7 days following receipt of a 7-day notice served upon the resident, to notify the management in writing of their need to have additional time to pay the rent, utilities, and other park charges, or to comply with any 7-day notice, due to hardship from COVID-19. The bill would require the management to grant a resident impacted by the COVID-19 pandemic a reasonable amount of additional time to make payments of overdue rent, utilities, or other park charges, or to comply with a 7-day notice served upon the resident. The bill would prohibit a resident’s tenancy from being terminated if the resident indicates their intent to pay the overdue rent, utilities, or other park charges, or to comply with the requirements of any 7-day notice served upon the resident during a reasonable timeframe and follows the procedures set forth in the bill.

The bill would prohibit the management of the mobilehome park from imposing rent increases or other charges on top of what is included in the resident’s base rent during the time the resident is making payments of the overdue rent or from seeking to enforce the requirements of a 7-day notice served upon the resident, as specified. The bill would authorize a resident who is prevented by management from exercising the rights provided for by the bill to bring a civil action and would authorize a court to order injunctive relief and other relief the court deems proper, as specified. The bill would require a payment plan entered into by the parties to be itemized on the resident’s rental invoice. The bill would also require any rent or other charges owed by a resident pursuant to these provisions to be forgiven, in total or on a prorated basis, if the management of the park receives government funding relief for the loss of rent or charges due to the COVID-19 pandemic. The bill would authorize the payment recovery period to continue through the end of the 2021 calendar year if the resident demonstrates that they have continued to suffer economic hardship due to the COVID-19 pandemic.

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 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: YESNO   Local Program: YESNO  

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Bill Text

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

SECTION 1.

 Section 798.63 is added to the Civil Code, to read:

798.63.

 (a) (1) The management shall not terminate or attempt to terminate the tenancy of a resident who is impacted by the coronavirus (COVID-19) pandemic, as described in subdivision (m), under this article during a declared state of emergency or local emergency related to the COVID-19 pandemic, and during a 120-day timeframe after the declared emergency order is lifted.

(2) The restriction set forth in paragraph (1) shall also preclude the management from issuing a 60-day notice of termination of tenancy during the timeframe set forth in paragraph (1).

(b) A resident who is impacted by the COVID-19 pandemic, as described in subdivision (m), shall have 15 days before the resident’s rent, utilities, and other park charges are due, or seven days following receipt of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56, to notify the management in writing of their need to have additional time to pay the rent, utilities, and other park charges, or to comply with any such seven-day notice, due to hardship from COVID-19.

(c) The management shall grant a resident impacted by the COVID-19 pandemic a reasonable amount of additional time to make payments of overdue rent, utilities, and other park charges, or to comply with the requirements of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56.

(d) A resident’s tenancy shall not be terminated under this article if the resident indicates their intent to pay the overdue rent, utilities, or other charges of the park, or to comply with the requirements of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56, during a reasonable timeframe and follows the procedures set forth in this section.

(e) The management shall not do any of the following with respect to a resident who is impacted by the COVID-19 pandemic pursuant to this section:

(1) Impose a rent increase upon the resident while the resident is in the process of making payments of overdue rent pursuant to this section.

(2) Impose additional service charges or other charges upon the resident on top of what is included in their base rent during the time in which the resident is making payments of the overdue rent.

(3) Seek to enforce the requirements of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56.

(f) Any resident who is prevented by management from exercising the rights provided for in this section may bring a civil action in a court of competent jurisdiction to enforce the resident’s rights. The court may order injunctive relief and any other relief the court deems proper, including, but not limited to, setting up a payment recovery plan for the resident with respect to overdue rent and allowing the resident to remain in their residence during the payment recovery period.

(g) A payment plan that is entered into by the parties shall be itemized on the resident’s rental invoice.

(h) Any rent or other charges owed by a resident pursuant to this section shall be forgiven, in total or on a prorated basis, if the management of the park receives government funding relief for the loss of rent or charges due to the COVID-19 pandemic.

(i) The payment recovery period may continue through the end of the 2021 calendar year if the resident demonstrates that they have continued to suffer economic hardship due to the COVID-19 pandemic.

(j) If a resident sells or transfer their mobilehome during the payment recovery period, the resident shall complete their payments to the management before the sale or transfer occurs.

(k) This section shall not supersede a local ordinance that provides more protection to residents who are subject to this article.

(l) For purposes of this section, “a state of emergency or local emergency” means an emergency declared by the Governor, a city, a county, or a city and county pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

(m) For purposes of this section, a resident shall be presumed to be impacted by the COVID-19 pandemic if the resident provides reasonable evidence of any of the following:

(1) The resident is unable to pay any part of the rent, utilities, or other charges of the park for which the resident is obligated, due to a job or income loss or reduction suffered as a proximate result of the COVID-19 pandemic.

(2) The resident is unable to comply with the requirements of any seven-day notice served by the park owner pursuant to subdivision (d) of Section 798.56 due to an inability to locate, obtain, hire, pay for, or arrange for any repairs, landscaping, lot maintenance or similar remediation to the resident’s home or space due to COVID-19-imposed restrictions.

(3) The resident is unable to comply with a seven-day notice served by the park owner pursuant to subdivision (d) of Section 798.56 due to an inability to relocate any person or persons residing in the resident’s mobilehome due to COVID-19-imposed restrictions.

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 during the initial year, including completion of an annual end-of-year online 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).

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.