The following words and phrases, as used in this Chapter, shall
have the same definitions and meanings as defined by Sections 798
through 798.12 of the California
Civil Code of the State of California:
management; mobilehome; mobilehome park; park; tenant; and resident.
In addition, for the purposes of this Chapter, the following words
are defined as follows:
"Board"
means the Mobilehome Rent Stabilization Board established
by this Chapter.
"Rent"
means consideration, including any bonus, benefit or gratuity
demanded of or received in connection with the use and occupancy of
any habitable building or land, or for the transfer of a lease for
occupancy.
"Space"
means a lot upon which a mobilehome is placed for which rent
is charged.
"Vacancy"
shall mean a mobilehome pad which is available for rent and
unoccupied.
(Prior code § 1901)
This Chapter shall apply, as of the effective date of the ordinance
codified in this Chapter, to all mobilehome tenancies in mobilehome
parks located in the City of Lompoc except:
A. Tenancies
which were used primarily for commercial purposes as of January 1,
1983;
B. Tenancies
in mobilehome parks of four spaces or fewer, where one of the spaces
is occupied by the owner;
C. Tenancies
in mobilehome parks, the construction of which began after the effective
date of Ord. No. 1187(83); provided, however, that such exemption
shall continue in effect for only five years from the date a certificate
of occupancy is issued;
D. Tenancies
the rental of which is subsidized by any government agency, a Federal
or State law or regulations pertaining thereto specifically exempt
such spaces from rent regulation.
(Prior code § 1902)
A. The
City Council shall serve as, and provide the duties and functions
of, the Mobilehome Rent Stabilization Board. While carrying out the
duties of this Chapter, the City Council will not be considered acting
in the capacity of a separate board.
B. General
Functions. The Mobilehome Rent Stabilization Board shall hear requests
for increases, as hereinafter provided, concerning rents in mobilehome
parks located in the City. The Board is empowered to set and adjust
maximum rents for mobilehome park tenancies in accordance with this
Chapter. The Board may adopt such rules and regulations as it may
deem necessary to carry out its functions.
C. Meetings.
The Board shall fulfill its duties pursuant to this Chapter as part
of its regular, regular adjourned or special City Council meetings.
D. Officers.
The officers of the Board shall be the officers of the City Council.
E. Secretary/Advisors.
The City Manager shall appoint one or more appropriate staff members
to serve as secretary and advisors for the City Council when conducting
Board business.
(Prior code § 1903; Ord. 1585(12) § 1; Ord.
1644(18) § 2)
Subject to the exception in Subsections B and C of this Section,
the base rental rate from which rent increases shall be measured for
purposes of this Chapter shall be as follows:
A. Said
base shall be the rental rate for each space in effect on October
6, 1986. It is the intent of this Section that the base rental rate
shall be that in effect at the time that the City received the 1986
vacancy report from the Federal Home Loan Bank of San Francisco for
1986, (i.e., the base rent measured from the November 1, 1983 rents,
plus such increases as may have been made since the time that Ordinance
No. 1187(83) has been in effect), and that increases after the effective
date of the ordinance codified in this Chapter shall be calculated
based upon that amount.
B. The
base rental rate for spaces for which a valid lease existed on November
1, 1983, shall be the final month's rental rate under such lease,
plus such increases as may have been made since the time that Ordinance
No. 1187(83) has been in effect.
C. Notwithstanding
the limitation of rent increases to once each 365 days, at the time
that a mobilehome changes ownership, the base rent may be increased
by an adjustment of up to fifteen percent. Thereafter, any increases
shall be subject to the provisions of this Chapter. The adjustment
allowed by this Subsection shall not apply to a change in ownership
due to the involuntary eviction of a tenant or a change in ownership
due to the death of a tenant wherein the deceased tenant's spouse,
parents, or children take over the occupancy, and provided further
that increases pursuant to this Subsection shall not occur more than
once per calendar year, regardless of the number of times ownership
changes during the calendar year.
(Prior code § 1904)
At the time that a prospective purchaser of a mobilehome is
provided with a proposed lease or rental agreement, or at any time
thereafter a mobilehome owner is provided with a proposed lease or
rental agreement for any reason, the park owner or manager shall also
provide the prospective purchaser/tenant, or owner, with a notice
setting out the current space rent being paid by the seller or owner
and the date of the next anticipated increase. In addition, the prospective
purchaser/tenant or owner shall be provided with a notice in bold
type, capital letters or pica type, in substantially the form of the
following:
WARNING - Read This Carefully Before Signing Any Lease
or Rental Agreement
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State law (California Civil Code Section 798.17) provides that
rental agreements in excess of 12 months duration are exempt from
local rent control. The City of Lompoc has adopted a Mobilehome Rent
Control Ordinance and, therefore, if you sign a lease or rental agreement
with a term in excess of 12 months, you will not be covered by the
City's rent control protections. The City has also adopted a
law that a prospective purchaser of a mobilehome may not be required
to sign a lease or rental agreement with a term in excess of 12 months
and cannot be denied tenancy in the park because the buyer will not
sign such a lease or rental agreement.
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Before you sign any lease, you should carefully consider whether
or not you want to be covered by the City's rent control protections.
In making this decision, you may want to review the City's rent
control ordinance (a copy may be obtained from the City Clerk's
Office), have an attorney review the provisions of the lease that
you are being asked to sign, or check with other sources such as representatives
of homeowner organizations like the Golden State Manufactured-home
Owners' League (GSMOL).
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Such notice shall also be provided to the purchaser/tenant,
by the person selling the mobilehome, or the agent representing the
seller or at any time the mobilehome owner is offered a lease or rental
agreement. No park owner or manager shall require that a prospective
purchaser/tenant or owner sign any renewal agreement or lease, unless
the foregoing notice and notice of current rent have been provided,
and the prospective purchaser/tenant or owner has been given an opportunity
to review said notices, and has signed a declaration so stating. Any
lease or rental agreement entered into in violation of this Section
shall be void.
(Prior code § 1904.1; Ord. 1615(15) § 1)
Rental rate adjustments shall not be allowed more frequently
than once every 365 days per mobilehome park. For purposes of this
Section, in 1987, the 365-day period shall be calculated from the
last increase in 1986, and not from the effective date of the ordinance
codified in this Chapter. Not later than 60 calendar days before an
increase in rent is to become effective, management shall provide
written notice thereof to all tenants to be affected by or subject
to such increase.
A. CPI
Adjustments. management may increase rent for a space over the base
rent level in an amount equal to 75 percent of the increase in the
Consumer Price Index for urban wage earners and clerical workers,
as reported by the U. S. Labor Bureau of Labor Statistics, for the
Los Angeles/Long Beach/Anaheim Metropolitan area, for the prior 12-month
period for which data is available, provided, however, that in the
event the Consumer Price Index increases by more than ten percent
in any given year, only 50 percent of the percentage increase in excess
of ten percent shall be allowed.
B. Other Increases. Notwithstanding Subsection
A of this Section, management may request increases in rent in an amount in excess of that allowed in Subsection
A above, which increase shall be submitted to the Mobilehome Rent Stabilization Board for its review and approval.
C. Within 14 business days of the Board's receipt of a request for an increase in accordance with Subsection
B of this Section, and the documentation required by Section
5.60.070(C), the Board shall send to the tenants, who are affected by the proposed increase, written notification of the receipt of the request and the time, date, and location of a hearing to be held before the Board. At the time of submittal of the rent increase request, management shall provide the City with the names and addresses of the tenants, and management shall reimburse the City for all actual costs incurred in providing such notice.
(Prior code § 1905)
Notwithstanding any of the foregoing, no provision of this Chapter
shall be applied so as to prohibit the Board from granting an individual
rent adjustment that is demonstrated necessary by mobilehome park
owner to provide the owner with a fair return on investment.
(Prior code § 1908)
On April 1st of each year, each mobilehome park within the City
of Lompoc coming under the terms of this Chapter, shall file a registration
statement setting forth the number of spaces in their park regulated
by this ordinance. The City Council may, by resolution, establish
an administrative fee to offset the costs to the City of the regulatory
activities provided pursuant to this Chapter.
(Prior code § 1909)
In the event the Board determines special analytical expertise
is necessary to obtain and evaluate data necessary to make a determination,
both parties shall agree on retention of such services and costs of
such services shall be shared equally by the parties.
(Prior code § 1910)
Nothing in this Chapter shall operate to restrict the right
of a tenant and management to enter into an agreement in accordance
with California
Civil Code 798.17. Pursuant to
Civil Code Section
798.17(c), the tenant shall have the option to reject the offered
rental agreement and accept a rental agreement for a term of 12 months
or less, including a month-to-month agreement. No owner may require,
directly or indirectly, that any tenant or prospective tenant sign
a lease or rental agreement with a term in excess of 12 months or
that provides that it shall be exempt from local rent control as a
condition of tenancy in the park, and no owner may deny a tenancy
to a prospective purchaser of a mobilehome in the park on the ground
that the prospective purchaser will not sign such a lease or rental
agreement.
(Prior code § 1911)
If management reduces or eliminates any service to a tenant
in effect on the date the ordinance codified in this Chapter becomes
effective, management shall reduce each tenant's rent by his
or her proportionate share of the cost savings due to such reduction
or elimination.
(Prior code § 1912)
This Chapter may be repealed in the event the vacancy factor
in mobilehome parks in the City of Lompoc rises to three and three-quarters
percent or more. Vacancy rates shall be determined based upon data
submitted on April 1st of each year by management. For purposes of
this Section, mobilehomes that are for sale shall not be considered
vacant. At such time that the vacancy rate reaches three and three-quarters
percent or more, that fact shall be immediately reported to the City
Council so that repeal of this Chapter may be considered.
(Prior code § 1913)