MRL Protection Act will establish a New Enforcement System to go into effect July 1 2020
Currently, if you believe a violation of the Mobilehome Residency law has occurred, enforcement is limited to the court system, i.e. via either local small claims or superior courts; the latter often requiring that a lawyer be hired by the homeowner.
Beginning July 1, 2020 the Mobilehome Residency Law Protection Act will be established as a new enforcement system to be administered by HCD (Housing and Community Development) for violations of the Mobilehome Residency Law. HCD shall provide assistance in taking and helping to resolve and coordinate the resolution of those complaints.
All complaints shall be reviewed, with the most egregious being referred by HCD to local nonprofit legal aid offices for enforcement at no cost to the homeowner.
If multiple complaints are received involving the same park manager/owner they will be consolidated to a single investigation. HCD will provide you with a letter confirming receipt of each filed complaint which references the provisions of the Mobilehome Residency Law that pertain to the complaint.
In evaluating a complaint HCD may request that the park owner furnish a copy of any relevant documents within 15 days, and can fine a park owner who fails to comply $250.00 for each such failure.
If HCD selects a complaint for enforcement, both the homeowner and the park owner will be notified and given 25 days to negotiate and resolve the matter before it is referred to a local legal provider for enforcement. Any alleged health and safety or Title 25 violations shall continue to be handled by HCD as is currently the case.
Recap:
- The court system is the only current way to enforce violations of the Mobilehome Residency Law, while HCD handles Title 25 Health and Safety violations.
- Starting July 1, 2020 the Mobilehome Residency Law Protection Act shall enable HCD to receive and evaluate complaints re: MRL violations for possible local law office enforcement. Multiple complaints it will be condensed into a single investigation.
- There is no cost to the homeowner if legal action is taken by local legal enforcement.
- HCD shall review all complaints and send the complainant a confirming receipt referencing the applicable MRL provision(s).
- Only the most egregious complaints shall be referred by HCD for legal enforcement.
- Selected complaints first require a 25-day period for informal resolution by the parties.
See resource guide on page 83 for local resources.