Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A complainant's complaint shall be submitted to the department by a homeowner, or the homeowner's designee, on the department's designated complaint form or, alternatively, by any informal written communication, including e-mail, letter, or transcribed phone complaint. Within 15 days of the receipt of the complaint, the department shall send the complainant an acknowledgment letter that confirms the department's receipt of the complaint. The acknowledgment letter shall also reference any potentially applicable provisions of the Mobilehome Residency Law, or advise the complainant if the complaint, in whole or in part, has been referred to an appropriate enforcement agency with jurisdiction, or both.
(1) If the complaint is not initially submitted on the department's designated complaint form or the same information is not submitted in a written communication, the department will include a copy of the designated complaint form in its acknowledgment letter, along with instructions on completing and submitting the complaint form. The returned complaint form or the same information requested therein will supplement the complainant's complaint.
(b) The department shall process all complaints if the complainant complies with all timeframes and requirements set forth in this chapter.
(c) The department's designated complaint form shall clearly and plainly request and provide that information which is necessary for processing, evaluating, and resolving the complaint.
(1) The complaint form shall request the following from the complainant:
(A) The complainant's name, address, e-mail address (if any), and telephone number;
(B) Proof of homeownership, which may be shown by any of the following:
1. a copy of the current registration card or title for the mobilehome or manufactured home;
2. the decal number of the mobilehome or manufactured home, which correlates the name(s) of the registered owner(s) with that of the complainant;
3. a mobilehome park rental agreement in the name of complainant or complainant's documented transfer for the space in the mobilehome park; or
4. other proof of ownership if the mobilehome or manufactured home is not registered to the complainant including, but not limited to, a formal or informal bill of sale, gift documentation, or proof of acquisition from a deceased prior owner.
(C) The name and address of the mobilehome park where the violation of the Mobilehome Residency Law has allegedly occurred;
(D) The name of any person in the mobilehome park with whom the complainant has discussed the complaint, including, if applicable, park management or its representatives;
(E) Other information the complainant believes is necessary or relevant, such as language preference; and
(F) A statement certifying that the information provided on the complaint form is true and correct to the best of the complainant's knowledge.
(2) The complaint form shall provide the following:
(A) Instructions that the complainant separately list each allegation and its supporting facts, and an explanation that legal references or citations from the Mobilehome Residency Law are not necessary;
(B) A statement that the department will make translation services available, in accordance with the law, for all activities required by this chapter;
(C) A statement that, to the extent feasible, the department has translated the complaint form into one or more languages other than English in accordance with the law; and
(D) A statement that the complainant has the right to reasonable accommodation for all activities required by this chapter, and instructions on obtaining a reasonable accommodation request form from the department.
(3) If a complaint form is being submitted by the complainant's designee, the designee shall submit the following information with the complaint form:
(A) The designee's name, address, e-mail address (if any), and telephone number, along with one of the following:
1. an acknowledgment signed by the complainant that the designee is authorized to submit the complaint on his or her behalf, and that the complainant may revoke such authorization at any time either by oral or written communication transmitted to the department; or
2. a copy of a legally binding instrument, such as a court order or power of attorney, authorizing the designee to act on the complainant's behalf.
(d) If the complaint alleges violations of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) or the Mobilehome Residency Law that potentially pose a serious threat to health and safety in the mobilehome park, then the department shall refer that complaint to the appropriate enforcement agency with jurisdiction.
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 subsections (a), (c)(2)(A) and NOTE, 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 18150, 18151, 18153 and 18802, Health and Safety Code.
