1. (a) The department shall perform an initial review of all complaints submitted pursuant to Section 4904.

   1. (1) If the department determines, during its initial review of the complaint, that the complaint is incomplete or unclear, or that the allegations are not supported by sufficient facts, then the department shall return the complaint with a department communication that elicits the necessary clarifying information or corrections. The department communication shall require the complainant to submit the requested supplemental information within fifteen (15) business days of the postmark or electronic transmission date of the department communication.

      1. (A) If the complainant fails to timely submit the requested supplemental information, the department shall close the complaint and send a department communication explaining the reason(s) for closure, and advising that the complainant may reopen the closed complaint once sufficient facts have been developed to support the original allegations.
   2. (2) If the department determines that the complaint's allegations are not subject to the MRLPP, or that the alleged violations occurred more than eighteen (18) months prior to the department's receipt of the complaint, or that a continuing violation ended more than eighteen (18) months prior to the department's receipt of the complaint, the department shall reject the complaint and provide a department communication explaining the reasons for the rejection, along with a statement that other remedies under the Mobilehome Residency Law may still be available.

2. (b) After completion of the initial review, the department shall, depending on the nature of the alleged violation(s), do one or more of the following:

   1. (1) refer the complaint(s) regarding alleged violation(s) of the Mobile-home Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) directly to the Mobilehome Assistance Center for referral to the applicable enforcement agency;
   2. (2) refer the complaint(s) regarding alleged violation(s) of other Division of Codes and Standards programs, including, but not limited to, the Registration and Titling Program and the Occupational Licensing Program, directly to the Mobilehome Assistance Center for referral to the applicable Division of Codes and Standards program;
   3. (3) refer the complainant to the Department of Fair Employment and Housing if the complaint alleges housing discrimination;
   4. (4) refer the complainant to the local law enforcement agency having jurisdiction over the mobilehome park if the alleged violation involves criminal activity;
   5. (5) refer the complainant to the local agency having jurisdiction over the mobilehome park if the complainant's allegation involves a violation of any local government ordinance, including, but not limited to, a land use and zoning law or rent stabilization ordinance;
   6. (6) refer the complainant to the appropriate enforcement agency with jurisdiction for any other alleged violations of law or regulation; and

   7. (7) for all other complaints regarding the operation of or residency in a mobilehome park and for any complaints listed in paragraphs (1) through (6) that also involve allegations of particularly serious violations of Mobilehome Residency Law, retain the complaint for secondary review.

      (c)(1) When the complaint is referred to another entity by the department or retained pursuant to paragraph (7) of subsection (b), the department shall provide a department communication to the complainant identifying the nature of and basis for the referral or retention.

   8. (2) If the complaint is not referred or retained, the department shall close the complaint and provide the complainant with a department communication explaining why it was not retained or referred and additional information as appropriate.

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

History

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)(1)-(a)(1)(A) and (c)(2), 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).