Bill Text: CA SB869 | 2021-2022 | Regular Session | Amended

California Senate Bill 869 (Prior Session Legislation)

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

Bill Title: Housing: mobilehome parks: recreational vehicle parks: manager training.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 662, Statutes of 2022. [SB869 Detail]

Download: California-2021-SB869-Amended.html

Amended IN Senate March 28, 2022

Amended IN Senate February 22, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 869

Introduced by Senator Leyva
(Coauthor: Senator Dodd)

January 24, 2022

An act to add Part 2.3.1 (commencing with Section 18876) to Division 13 of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

SB 869, as amended, Leyva. Housing: mobilehome parks: recreational vehicle parks: manager training.

Existing law, the Mobilehome Residency Law, governs the terms and conditions of mobilehome park tenancies, including rental agreements between homeowners and the management of the mobilehome park and park rules and regulations. Existing law, the Mobilehome Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks. Existing law, the Recreational Vehicle Park Occupancy Law, governs the terms and conditions of recreational vehicle park tenancies.

This bill would require the Department of Housing and Community Development, by ~~January 1,~~ May 1, 2024, 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 or recreational vehicle park to receive appropriate training of at least 18 hours during the initial year and an unspecified number of hours of followup training each year thereafter on rules and regulations for the park, among other matters.

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 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 and Recreational Vehicle 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, as described. 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, and would set forth billing and payment procedures.

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 park is out of compliance with these requirements, to impose a civil penalty in an unspecified amount 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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, mobilehome parks and recreational 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 and Recreational Vehicle Park Occupancy Law.

(b) It is the intent of the Legislature in enacting this act to ensure that the management of mobilehome parks and recreational vehicle parks have the knowledge, proficiency, and skills needed to carry out the duties of their jobs.

SEC. 2.

Part 2.3.1 (commencing with Section 18876) is added to Division 13 of the Health and Safety Code, to read:

PART 2.3.1. Mobilehome and Recreational Vehicle Park Manager Training

18876.

For purposes of this part, all of the following definitions apply:

(a) “Department” means the Department of Housing and Community Development.

(b) “Homeowner” means a homeowner, as defined in Section 798.9 of the Civil Code, an occupant, as defined in Section 799.28 of the Civil Code, or a tenant, as defined in Section 799.32 of the Civil Code.

(d) “Program” means the Mobilehome Residency Law Protection Program established pursuant to Part 2.2 (commencing with Section 18800).

18876.1.

(a) By ~~January 1,~~ May 1, 2024, 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 or a recreational vehicle 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,~~ May 1, 2025, 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. The training shall be undertaken by department staff and contracted persons who have experience and knowledge in connection with the subject matters described in subdivision (e).

(e) The training described in this section shall focus upon and include, at minimum, all of the following applicable subject areas:

(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) The provisions of the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20)) of Title 2 of Part 2 of Division 2 of the Civil Code.

(3) Rights and responsibilities of homeowners and management.

(4) Management’s response to homeowner complaints.

(5) Addressing emergencies and emergency preparedness and procedures.

(6) Communication with homeowners.

(7) Mobilehome Parks and Installations regulations, contained in Chapter 2 of Division 1 of Title 25 of the California Code of Regulations.

(8) Mobilehome title and registration.

(9) Applicable Vehicle Code provisions, as referenced in the Mobilehome Residency Law.

(10) Any changes or updates to the Mobilehome Residency Law and Recreational Vehicle Park Occupancy Law from the prior year.

(f) 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.

(g) 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.

(h) The Mobilehome and Recreational Vehicle 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, including, but not limited to, payment of any costs required to provide staff or resources to establish and implement the training described in 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. Any fees applicable to park management shall be billed to and collected at the same time the park is billed for and pays fees for their permit to operate.

(i) The management of a mobilehome park or recreational vehicle park shall post a copy of the certificate issued by the department pursuant to this section in a conspicuous location onsite. In the case of a mobilehome park, the certificate shall be located 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 in the amount of ____ ($____) and suspend the management’s permit to operate the 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) or Part 2.3 (commencing with 18860), as applicable.

(j) 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).