California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 3.5 - Mobilehome Residency Law Protection Program
Section 4902 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
This chapter is governed by the following definitions, as well as the definitions set forth in the Mobilehome Residency Law Protection Act (Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code).
(a) Complaint: A written communication transmitted to the department regarding a Mobilehome Residency Law issue or alleged violation related to a homeowner's residency in a mobilehome park.
(b) Complainant: Mobilehome or manufactured home owner, or the designee acting on behalf of the homeowner, who files a complaint regarding an alleged issue or violation 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) with the department as set forth in this chapter.
(c) Complaint form: The form identified by subsection (c) of Section 4904.
(d) Department: California Department of Housing and Community Development.
(e) Designee: A person submitting or handling a complaint on behalf of a homeowner. The designee must provide the required information and documents outlined in Section 4904, subsection (c)(3)(A).
(f) Department communication: A written communication from the department to a complainant, park management, or their respective representative related to the MRLPP.
(g) Electronic communication: A transmission of written or graphical material by electronic mail, facsimile, or similar electronic means. This definition does not include telephonic, video conferencing, or similar communications.
(h) Electronic file: Electronic media content that contains letters, information, and other documents relevant to the complaint allegation(s), which can be uploaded to the department's electronic storage system by a complainant or park management. The uploaded media content may be accessed only by the person(s) creating the electronic file, department staff, or the nonprofit legal services program handling the complaint.
(i) Homeowner: has the same meaning as "homeowner" as defined in Section 798.9 of the Civil Code.
(j) Mobilehome Assistance Center: A program in the department's Division of Codes and Standards established pursuant to Article 9 (commencing with Section 18150) of Part 2 of Division 13 of the Health and Safety Code.
(k) MRLPP: An abbreviation for the Mobilehome Residency Law Protection Program, established by Section 18802 of the Health and Safety Code.
(l) Nonprofit legal services provider: A nonprofit law practice incorporated and operated in California, with the primary purpose and function of providing legal services without charge to indigent persons, that has contracted with the department pursuant to section 18803 of the Health and Safety Code. This can include a nonprofit law practice eligible to receive funding from the Interest on Lawyers Trust Accounts (IOLTA) pursuant to sections 6213 and 6214 of the California Business and Professions Code.
(m) Park management: has the same definition as "management" at subdivision (c) of Section 18801 of the Health and Safety Code.
1. New section filed 6-25-2020 as an emergency; operative 6-25-2020 (Register 2020, No. 26). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 4-23-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-22-2021 as an emergency; operative 4-22-2021 (Register 2021, No. 17). Expiration date of emergency action extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 11-19-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2021 order, including amendment of subsection (i), transmitted to OAL 3-24-2021 and filed 5-6-2021; amendments operative 5-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19).
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18800, 18801, 18802, 18803, 18804, 18805 and 18806, Health and Safety Code.
