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 4914 - Referral to Nonprofit Legal Services Provider

Universal Citation: 25 CA Code of Regs 4914

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) After review of all pertinent information related to the complaint and a determination that the complaint still meets the requirements of Section 4908, the department may refer the matter to a nonprofit legal services provider or to an appropriate enforcement agency with jurisdiction. The department shall provide a department communication to both the complainant and park management as to the nature of and basis for such referral.

(b) If the department retains the complaint, it shall provide a department communication to both the complainant and park management explaining the reasons for the complaint's retention. The bases for retention may include, but are not limited to, the department's intent to aggregate it with similar complaints pursuant to Section 4918; the need for further review to determine eligibility; or insufficient funding or temporary insufficient capacity of nonprofit legal services providers.

(c) If the department determines that the complaint should not be further processed by the MRLPP, the department shall provide a department communication to both the complainant and park management explaining the reasons for no further action by the department and shall provide referrals to alternative resources that may assist the complainant in pursuing remedies for the alleged violations.

(d)

(1) If the complaint is referred to a nonprofit legal services provider, the department shall provide that nonprofit legal services provider with access to the complaint form and all relevant documents.

(2) The nonprofit legal services provider shall contact the complainant and perform an intake interview to determine, at the discretion of the nonprofit legal services provider and consistent with the requirements of its contract with the department, whether the complainant is eligible for legal services pursuant to this chapter and the nonprofit legal services provider contract.

(3) The nonprofit legal services provider may decline the case if its contract is about to expire, there is insufficient funding, or as otherwise allowed by the department contract. If the nonprofit legal services provider does not accept the case, it shall provide a written communication to the complainant and the department explaining the reason(s) for not accepting the case.

(4) Upon accepting the case, the nonprofit legal services provider shall further interview the complainant, and thereafter, as appropriate, provide legal advice or other assistance, including, but not limited to, an additional referral, conferring with park management, and initiating judicial or administrative actions to resolve the complaint. If the nonprofit legal services provider determines at any point after the acceptance of the case that no further legal assistance or action is necessary or appropriate, it shall provide a written communication to the complainant and the department explaining its reasons for no further action, and it shall provide the complainant with referrals to alternative resources to assist the complainant in pursuing remedies for the alleged violations.

Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18803, Health and Safety Code.

Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18803, Health and Safety Code.

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