SB 869

Bill Subjects

Abstract

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. Existing law establishes a director of the department and authorizes them to perform all duties, exercise all powers, discharge all responsibility, and administer and enforce all laws, rules, and regulations under the jurisdiction of the department, among other duties. 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. Existing law, the Special Occupancy Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks. This bill would require the Department of Housing and Community Development, by May 1, 2025, to adopt regulations to require at least one person per mobilehome park or recreational vehicle park 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 training, as specified. The bill would require the training to be at least 6 hours, and no more than 8 hours, during the initial year and would require an online end-of-year examination to occur, as specified. The bill would require, every 2 years thereafter, a training of at least 2 hours, and no more than 4 hours, on rules and regulations for the park, among other matters. The bill would require the director of the department to permit a third-party provider to offer the training, as specified. Once permitted, the bill would require the director to review the training curriculum and materials of the permitted third-party provider every 2 years for compliance with the provisions of this bill. The bill would require the department to adopt regulations for the qualification and disqualification of third-party providers, as specified. The bill would require the department to adopt these regulations by May 1, 2025. This bill would require the department or approved third-party provider 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, residents, and management, among others, in developing 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 that would expire every 2 years, 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 require the department to provide written notice to management regarding its compliance, 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, as specified, 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. The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would exempt regulations of the department adopted pursuant to this chapter from the Administrative Procedure Act.