California Health and Safety Code 18803 – (a) In administering the program, the department shall contract …
(a) In administering the program, the department shall contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation pursuant to subdivision (f) of Section 18802, and which are not resolved pursuant to subdivision (g) of Section 18802, to those nonprofit legal services providers for possible enforcement action.
(b) The department shall only contract with a nonprofit legal services provider that meets all of the following requirements:
Terms Used In California Health and Safety Code 18803
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Housing and Community Development. See California Health and Safety Code 18801
- Mobilehome Residency Law: means the Mobilehome Residency Law (Chapter 2. See California Health and Safety Code 18801
- Program: means the Mobilehome Residency Law Protection Program established pursuant to this part. See California Health and Safety Code 18801
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(1) The nonprofit legal services provider has experience in handling complaints, disputes, or matters arising from the provisions of the Mobilehome Residency Law or matters related to general landlord-tenant law.
(2) The nonprofit legal services provider has experience in representing individuals in dispute resolution processes, state court proceedings, and appeals.
(3) The nonprofit legal services provider has sufficient staff and financial ability to provide for legal services to homeowners.
(c) A nonprofit legal services provider contracted with pursuant to this section shall maintain adequate legal malpractice insurance and shall agree to indemnify and hold harmless the state from any claims arising from the legal services provided pursuant to this part.
(d) (1) A nonprofit legal services provider contracted with pursuant to this section shall have the sole authority to determine which referred complaints will be addressed or pursued, based on the resources provided to it pursuant to the contract with the department.
(2) The nonprofit legal services provider shall inform the department of any complaints not handled due to a shortage of resources.
(e) A nonprofit legal services provider contracted with pursuant to this section shall not charge any fees to a homeowner for any services performed in connection with a complaint referred to it by the department.
(f) This section shall become operative on July 1, 2020.
(Added by Stats. 2018, Ch. 774, Sec. 3. (AB 3066) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions. Repealed as of January 1, 2027, pursuant to Section 18806.)