Report 2019-111 All Recommendation Responses

Report 2019-111: Mobile Home Park Inspections: The Department of Housing and Community Development Must Improve Its Inspection Processes to Better Protect Park Residents (Release Date: July 2020)

Recommendation #1 To: Housing and Community Development, Department of

To reduce the risk of unidentified health and safety violations, HCD should by January 2021 use its existing authority to develop written policies and procedures for selecting parks for its park inspections that consider for all parks the number and severity of recent complaints as well as the length of time since HCD conducted any type of park visit.

60-Day Agency Response

Selection criteria developed and published in 2019 Annual MPM Taskforce Document, and 2020 Jan-June Report. Criteria: 1. No MPM inspection in last 7 years; 2. Verified health and safety complaints; 3. no permits issued last 12 months. Staff Memo 2020-04 issued August 24, 2020 memorialize selection criteria.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #2 To: Housing and Community Development, Department of

To reduce health and safety risks in parks, HCD should by September 2020 develop written guidance that specifies what constitutes a field monitoring visit, how inspectors should choose parks for field monitoring, and how inspectors will document these visits.

60-Day Agency Response

Staff Memo 2020-05 issued August 24, 2020 identifies field monitoring selection method and CASAS database reporting requirement.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #3 To: Housing and Community Development, Department of

To reduce health and safety risks in parks, HCD should by September 2020 document facility IDs and dates for all inspections and field monitoring visits in CASAS so that staff can readily determine the length of time since each park's last inspection or field monitoring visit and the type of inspection or visit that HCD conducted.

Recommendation #4 To: Housing and Community Development, Department of

To improve consistency in inspections, HCD should by July 2021 develop and implement procedures to specify the factors that inspectors should consider when deciding whether to cite common types of violations.

60-Day Agency Response

Draft staff memo in development to address common violations. HCD to use HUD guidelines as model for procedures.

  • Estimated Completion Date: July 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #5 To: Housing and Community Development, Department of

To improve consistency in inspections, HCD should by July 2021 develop and implement procedures to implement and begin providing periodic refresher training to its inspectors to reinforce inspection policies.

60-Day Agency Response

HCD to develop DR training program and training refresh to reinforce inspection policies.

  • Estimated Completion Date: July 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #6 To: Housing and Community Development, Department of

To improve consistency in inspections, HCD should by July 2021 develop and implement procedures to require a secondary review of a selection of inspection reports to ensure that staff members follow key legal and HCD policy requirements. These procedures should specify how often secondary reviewers will review reports, how many reports they will review, what to look for during these reviews, and how to document the secondary review.

60-Day Agency Response

Draft staff memo in development to address secondary review expectations and procedures.

  • Estimated Completion Date: July 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #7 To: Housing and Community Development, Department of

To ensure that park owners and residents have sufficient information to understand HCD's inspection process, HCD should by September 2020 establish procedures for promptly mailing notices to park owners and residents and consistently document when it mails notices.

Recommendation #8 To: Housing and Community Development, Department of

To ensure that park owners and residents have sufficient information to understand HCD's inspection process, HCD should by September 2020 establish a process to document its reviews of compliance with time frames for mailing required notices.

Recommendation #9 To: Housing and Community Development, Department of

To ensure that park owners and residents have sufficient information to understand HCD's inspection process, HCD should by September 2020 establish procedures to ensure that it invites residents to all live preinspection conferences it conducts.

Recommendation #10 To: Housing and Community Development, Department of

To ensure that complaints alleging potential health and safety violations are inspected in a timely manner, HCD should by September 2020 begin periodically monitoring its compliance with time requirements for conducting complaint inspections.

Recommendation #11 To: Housing and Community Development, Department of

To demonstrate that it is making reasonable efforts to consult with complainants before inspectors perform complaint inspections, HCD should by January 2021 develop procedures to require inspectors to document a reasonable number of attempts to contact complainants before conducting the inspection of the complaint.

60-Day Agency Response

HCD to develop procedures and release staff memo on reasonable efforts to consult complainants prior to complaint inspections.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #12 To: Housing and Community Development, Department of

To demonstrate that it is making reasonable efforts to inform complainants of the results, HCD should by January 2021 develop procedures to require staff to notify complainants in writing of the results of the inspection and document the notification.

60-Day Agency Response

HCD to develop procedures and release staff memo on written notice requirements and documentation of complaint results.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #13 To: Housing and Community Development, Department of

To demonstrate that it is making reasonable efforts to notify complainants of options available if their allegations are not health and safety violations or fall outside HCD jurisdiction, HCD should by January 2021 develop procedures to verify that inspectors include information about complainants' right to pursue private civil or other action when applicable.

60-Day Agency Response

HCD to develop procedures and release staff memo to instruct inspectors to provide additional information to complainants on potential resources and rights.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #14 To: Housing and Community Development, Department of

To ensure that HCD promptly communicates all required information to park owners and residents, HCD should by September 2020 review and revise the notices it issues to ensure that they comply with statutory requirements, such as providing information regarding the right to appeal inspectors' decisions and a list of local agencies that offer home rehabilitation or repair programs.

Recommendation #15 To: Housing and Community Development, Department of

To ensure that HCD promptly communicates all required information to park owners and residents, HCD should by September 2020 establish a process to review notifications annually for compliance with any changes in its inspection procedures.

60-Day Agency Response

Staff Memo 2020-09 issued August 24, 2020 outlines process to annually review MPM letters and notification of for compliance with statuary and regulatory requirements.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #16 To: Housing and Community Development, Department of

To ensure that HCD appropriately uses the revenue from fees it collects for the parks program activities only for the fees' intended purposes, HCD should by September 2020 require staff, including inspectors, in the codes and standards division to charge hours that accurately reflect the work they perform.

60-Day Agency Response

Staff Memo 2020-10 issued August 24, 2020 rescinds prior timesheet guidance, directs actual time associated with each inspection to be included in the appropriate service location and details activities to be reported into CASAS.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #17 To: Housing and Community Development, Department of

To ensure that HCD appropriately tracks the time inspectors spend on each program activity, HCD should by September 2020 rescind the time reporting guidance in the August 2015 memorandum and issue new guidance in accordance with HCD policy. It should then require managers to verify the accuracy of inspector timesheets.

Recommendation #18 To: Housing and Community Development, Department of

To ensure that HCD is able to determine its anticipated workload needs, HCD should by September 2020 establish procedures that ensure that staff accurately record each inspector's time spent on program activities in CASAS.

60-Day Agency Response

Staff Memo 2020-11 issued August 24, 2020, details activities, including administrative time, that should be reported to appropriate staff for data entry in CASAS.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #19 To: Housing and Community Development, Department of

To prevent misuse of state time and state vehicles by inspectors, HCD should by September 2020 establish a formal process to routinely monitor vehicle usage, including specifics on how and when managers should review inspectors' GPS data, such as information on location and mileage use, to ensure that inspectors use state vehicles and state time only for their official duties.

60-Day Agency Response

Staff Memo 2020-12 issued August 24, 2020 outlines the process HCD will use to monitor the use of state-owned vehicles including requiring a signed vehicle use form no less often than biennially and establishes expectations for reviewing and responding to GPS reports.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #20 To: Housing and Community Development, Department of

To ensure that it is aware of any potential conflicts of interest that its inspectors may have, HCD should by September 2020 develop procedures to review the annual and assuming-position Form 700s of all inspectors with reportable financial interests to identify potential conflicts of interest.

60-Day Agency Response

The HCD Legal Affairs Division (LAD) is working on flow chart depicting Form 700 process. First Notice letters regarding form 700 filing non-compliance (relating to missing annual statements and/or leaving office statements) were mailed/emailed to non-compliant individuals on or about August 13, 2020. Second notice letters will be mailed out in 60 days per Fair Political Practice Commission guidelines. Failure to respond to second notice will result in referral to the FPPC. Emails/letters relating to individuals who have failed to file assuming office statements/annual statements will be sent once new form 700 staff member is hired.

  • Estimated Completion Date: September 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #21 To: Housing and Community Development, Department of

To ensure that it is aware of any potential conflicts of interest that its inspectors may have, HCD should by September 2020 develop procedures to ensure that staff promptly notify the Form 700 filing officer of all inspectors hired or leaving HCD employment.

60-Day Agency Response

HCD to draft procedures to ensure Form 700 filing officer is notified upon employment or separation of inspectors. HR responsibility upon separation of employee. HR notifies Form 700 coordinator (Compliance Specialist in Legal Affairs Division) of hiring or separation. The Form 700 coordinator is on an email that is sent out to many departments, including IT, when an employee joins the department or separates. Form 700 coordinator contacts employee or former employee to file either leaving office statement or assuming office statement. Form 700 coordinator continues to monitor filings on SouthTec to determine if statements have been filed. If they have not, second notices will be generated pursuant to FPPC guidelines. If they still have not filed these statements, Form 700 Coordinator will report non-filers to FPPC.

  • Estimated Completion Date: September 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #22 To: Housing and Community Development, Department of

To ensure that it is aware of any potential conflicts of interest that inspectors may have involving real property, HCD should by January 2021 amend its conflict-of-interest code to require inspectors to disclose financial interests in real property.

60-Day Agency Response

HR and Legal Affairs Division (LAD) are working on a new statement of incompatible activities. LAD has requested and received copies of statement of incompatible activities from other agencies and is currently reviewing those drafts and working on a revision version. Draft revision will be circulated on or before September 18.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #23 To: Housing and Community Development, Department of

To ensure that it complies with state law regarding reporting requirements for Form 700s, by August 2020 HCD should notify inspectors with missing Form 700s of their responsibility to file and the potential penalties that may be assessed if they fail to do so. HCD should notify the Fair Political Practices Commission about any inspectors who do not submit the forms as required after notification was sent as well as those who should have submitted Form 700s but who cannot be located as of August 2020.

Recommendation #24 To: Housing and Community Development, Department of

To demonstrate that it appropriately addresses all complaints alleging inspector misconduct, HCD should by September 2020 establish policies to document all complaints against inspectors and the steps it takes to address those complaints.

60-Day Agency Response

Staff Memo 2020-13 issued August 24, 2020 outlines the complaint process against DR I/DR II (non-peace officer). It memorializes the compliant process steps and form in which complaints should be documented.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #25 To: Housing and Community Development, Department of

To demonstrate that it appropriately addresses all complaints alleging inspector misconduct, HCD should by September 2020 refer all complaints against inspectors alleging misconduct to its equal employment opportunity officer or other individual specified in policy.

60-Day Agency Response

Staff Memo 2020-13 issued August 24, 2020 outlines the complaint process against DR I/DR II (non-peace officer). It memorializes the compliant process steps and form in which complaints should be documented.

  • Completion Date: August 2020
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Fully Implemented


Recommendation #26 To: Housing and Community Development, Department of

To ensure that HCD evaluates LEA oversight of mobile home parks effectively, by January 2021 HCD should continue its efforts to finalize its policies and procedures for evaluating LEAs and ensure that staff members follow its procedures for handling complaints it forwards to those LEAs.

60-Day Agency Response

LEA monitoring procedures approved. Procedures include evaluation selection process, ranking of LEAs for evaluation, distribution of evaluations between Area Offices, and evaluation process. HCD to issue staff memo and provide training to inform program staff of new process.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #27 To: Housing and Community Development, Department of

To ensure that HCD evaluates LEA oversight of mobile home parks effectively, by January 2021 HCD should develop a formalized schedule to evaluate an adequate number of LEAs each year. HCD could establish a risk-based approach for selecting LEAs to evaluate.

60-Day Agency Response

HCD to develop LEA Monitoring schedule.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


Recommendation #28 To: Housing and Community Development, Department of

To ensure that HCD evaluates LEA oversight of mobile home parks effectively, by January 2021 HCD should develop formal training for its inspectors in the use of its inspection checklist when conducting LEA evaluations.

60-Day Agency Response

HCD to develop LEA Monitoring training program.

  • Estimated Completion Date: January 2021
  • Response Date: September 2020

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2019-111

Agency responses received are posted verbatim.