Mobilehome Residency Law Protection Program (MRLPP)
What is it exactly?
In 1978, Governor Brown signed the Mobilehome Residency Law or MRL into law. Forty years later, on September 26, 2018, the Governor completed the bookend to his legacy with his signature on AB 3066. It gives mobilehome homeowners, for the first time in California, a way to enforce the law of the MRL and stop egregious MRL abuses by predatory park owners.
Background
AB 3066, authored by Assemblyman Mark Stone, was a re-introduction of AB 1269 from last year, which was vetoed by Governor Brown. AB 3066 was introduced in June of 2018 reviving the efforts started by AB 1269 and GSMOL Members throughout the state. The continued and relentless response by GSMOL Members and their urgent call-to-action caused AB 3066 to pass through the State Assembly and Senate and earn a signature by the Governor. Now that AB 3066 is a law, it should be called The Mobilehome Residency Protection Program or MRLPP, which is congruent with the name used by HCD.
What GSMOL does for you?
GSMOL is the voice of over 1 millions manufactured home owners across the State of California in the Capitol, in the Courts, in Communities, and in Parks. We wouldn’t have been able to accomplish all we have without the support of our members: the Mobilehome Residency Law wouldn’t exist; ordinances that protect manufactured home resident’s wouldn’t have been adopted; and manufactured home friendly legislators wouldn’t have been elected.
Key Provisions of AB 3066
- It is a pilot program that will allow Department of Housing and Community Development (HCD) to collect and evaluate MRL complaints with the goal of preventing the most “severe, deleterious, materially and economically impactful alleged violations.” HCD does not litigate these cases but acts like a triage doctor who assesses and prioritizes the most serious injuries.
- HCD will then advise the park operator and homeowner that they are required to negotiate the matter in good faith to resolve the matter within 25 days.
- Allows HCD to request various documents from park management when evaluating a complaint and authorizes a $250 non-compliance penalty for each failure to comply within 15 business days.
- If after 25 days, the matter is not satisfactorily resolved, the department may then refer substantiated claims to its own Division of Codes and Standards or to contracted nonprofit Legal Service organizations, whichever is appropriate.
- Non-profit legal entities that contract with HCD must have experience handling complaints, disputes, or matters arising from the provisions of the MRL.GSMOL will actively participate in implementing AB 3066, which will involve outreach to mobilehome homeowners to educate them about the program.
- There is NO charge to the complaining homeowner: AB 3066 prohibits legal service providers from charging a homeowner any fees for any legal services performed in connection with a complaint referred to it by HCD.
- In order to fund this new authority and these duties, HCD will assess a $10 annual maintenance fee on park owners who will be allowed to pass this fee on to residents (i.e. less than 84¢ a month). This will NOT be part of your space rent and will be a clearly defined line item. Most of us agree that 84¢ a month is cheap insurance to pay for the protection (and which we hope we will never need!)
- This fee will be deposited into the newly created Mobilehome Dispute Resolution Fund under the administration of HCD and will be used to implement the Program.
- The Program needs to accumulate funding for about a year and a half before it can begin taking complaints, which will be July 1, 2020.
- AB 3066 gives HCD the ability to not spend more than what is collected.
- One year before the Program ends, on January 1, 2023, HCD is required to submit a written report to the Legislature outlining data collected on the program and make it available publicly on it website. The report shall include:
- The total number of complaints received, processed and referred
- The outcome of each complaint
- The types of complaint allegations received and the most common ones.
- The amount of fees collected for and expended on the program
- Recommendations for any statutory or administrative changes to the Program.
- In addition, HCD shall report on the Program activity at its semi-annual Mobilehome Park Inspection Program (MPM) meetings in Sacramento, which GSMOL regularly attends in February and August each year.
- The MRL Protection Act shall sunset on January 1, 2024, at which time the Legislature and HCD will assess its effectiveness. GSMOL intends to be actively involved in that assessment and make recommendations for future action that will continue to protect MH homeowners.
Examples of common violations of the Mobilehome Residency Law (MRL)
- -Attempted enforcement of unreasonable rules and regulations by management;
- -Unauthorized “charges” billed on rent statements;
- -Improper utility charges or lack of posting utility rates;
- -Unfair lease practices;
- -Unlawful or unauthorized evictions;
- -Interference with home re-sales;
- -Selective or inconsistent enforcement of park rules;
- -Denying use of common area facilities, such as the clubhouse;
- -Denying the right to communicate with other residents at meetings, by canvassing and distributing flyers;
- Denying the right to have guests, caretakers or a limited sublease
Frequently Asked Questions (FAQ) on AB 3066 or the MRLPP can be found on the GSMOL website, which begin to answer initial questions of the new Program.
You can view the MRL Handbook online at: https://mobilehomes.senate.ca.gov/publications
HCD has also published an information bulletin regarding AB 3066 on their website: Information Bulletin 2018-03 provides detail regarding the Mobilehome Residency Law Protection Act established by AB 3066 (Chapter 774, Statutes of 2018)
