Preempted Ordinance Provisions In the Manufactured Housing Industry

Examples of Preempted Ordinance Provisions In the Manufactured Housing Industry

The following italicized sentences are examples of local ordinances that have been brought to HCD’s attention and that area preempted by state laws and regulations.

“If there has been no Title 25 inspection within 3 years, one must be obtained”.

H&SC sections 18605 and 18610 provide that HCD’s rules govern park maintenance and operation. No express or implied exception exists in H&SC section 18300 permitting local governments to impose inspection requirements related to park maintenance.

“The Park owner shall provide a list of all Title 25 deficiencies found on inspection and evidence that all deficiencies have been corrected.”

Pursuant to H&SC sections 18605 and 18610, HCD’s rules govern park maintenance and operation. Pursuant to the preemptive restrictions in H&SC section 18300, no express or implied exception exists permitting local governments to impose enforcement requirements related to park maintenance. In addition, the MPA does not require correction of all deficiencies:

• The MPA expressly permits extended periods for repairs to achieve correction of deficiencies. H&SC section 18420, subdivision (c)(4), permits the enforcement agency to defer repair requirements as long as there is a “valid reason why a violation has not been corrected, including, but not limited to, weather conditions, illness, availability of repair persons, or availability of financial resources....”

• The MPA permits an inspector to not cite a violation of the MPA if it is not an imminent hazard. (subdivision (d) of H&SC section 18420)

“Written documentation from HCD shall be obtained demonstrating that the park complies with all applicable Title 25 requirements.”

The MPA governs performance of inspections and issuance of reports of violations or corrections and does not require HCD or an LEA to perform inspections to ensure compliance with “all applicable” Title 25 requirements.

A “complaint inspection” involves resolution of a specific complaint.

A “park maintenance inspection” involves identification and resolution of only hazards which are either an immediate risk to life, health, and safety, requiring immediate correction; or those constituting unreasonable risks to life, health or safety, requiring correction with 60 days (H&SC §18400.3). No other violations of Title 25 are recorded.

“Proof of remediation of any Title 25 violations shall be confirmed in writing by the California Department of Housing and Community Development.”

In addition to the obvious issue that a local government cannot require HCD to perform any duties related to parks, HCD does not have enforcement responsibility for many of the state’s parks and therefore has no information regarding any identified violations or proposed or completed remedies in those parks subject to LEA enforcement. 

In order to make for easier reading and better understanding of these very complex subjects we are breaking this series down into three Parts. Look for Part 2 of "Examples of Preempted Ordinance Provisions In the Manufactured Housing Industry" in our next post.