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

Current through Register 2024 Notice Reg. No. 28, July 12, 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.