SB 1052

Bill Subjects

Abstract

Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to assist in taking and resolving complaints from homeowners relating to the Mobilehome Residency Law. Existing law requires the department, in administering the program, to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation, and which are not resolved, to these nonprofit legal service providers for possible enforcement action, as specified. This bill would require a nonprofit legal services provider contracted with the department to provide the department, in its role as the contract manager overseeing the performance of nonprofit legal services contracts, with full access to information regarding the status of each case and the services provided to complainants. The bill would prohibit laws relating to the attorney-client privilege or attorney work product doctrine that protect the confidentiality of communications or records from preventing disclosure, as provided. To the extent any information disclosed to the department includes confidential information subject to the attorney-client privilege or work product protection, the bill would prohibit any described disclosure from constituting a waiver of that privilege or protection. The bill would prohibit the department from disclosing any confidential information received, as specified, to anyone outside of the department. The bill would require the department to conduct regular surveys of complainants referred to a nonprofit legal services provider, as specified. The bill would require the department to monitor updates from a nonprofit legal services provider to detect any inappropriate denial of services and would require the department to respond immediately to correct any denials. Beginning January 1, 2019, and each subsequent year thereafter, existing law requires the department to assess upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law, an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park, to be paid at the time of payment of the annual operating fee imposed under the Mobilehome Parks Act. Existing law establishes the Mobilehome Dispute Resolution Fund for receipt of the receipt of moneys received pursuant to these provisions, and makes the fund available upon appropriation by the Legislature. This bill would instead authorize the department to collect from the management of a mobilehome park the annual registration fee of $10, as described above, in the event that the department and the Department of Finance agree that the fund can cover only 6 months of expenditures. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.