The purpose of this chapter is to establish a mandatory meet-and-confer
process between tenants and owners of mobilehome parks with respect
to certain proposed rent increases.
(Code 1980, § 8.10.010; Ord. No. 148, § 1, 1981)
Within 30 days after an owner of a mobilehome park has given notice to the tenants thereof of a proposed rent increase which exceeds the consumer price index as outlined in section 8.10.050, the tenants may petition the city to call a mandatory meet-and-confer session between the mobilehome park owner and a committee representing the tenants for the purpose of discussing the proposed rent increase and the reasons therefor.
(Code 1980, § 8.10.020; Ord. No. 148, § 1, 1981; Ord. No. 870 (Recodification), 2014)
Any petition filed pursuant to this chapter shall contain all
of the following information:
A.
The
name and address of the mobilehome park;
B.
The
name and address of the owners of the mobilehome park;
C.
The
number of spaces in the mobilehome park;
D.
The
number of spaces which were vacant on the date the notice of rent
increase was given;
E.
A statement
of the existing rent schedule and the proposed rent schedule;
F.
A statement
of the rent schedule in effect as of 12 months prior to the date on
which the proposed rent increase would be effective;
G.
A brief
statement of the reasons why petitioners believe the proposed rent
increase is not justified and a request for a meet-and-confer session
with the mobilehome park owner;
H.
The
signatures of and identification of the mobilehome space occupied
by each tenant signing the same;
I.
The
name of a tenants' committee of not more than five persons, designating
one person as chairperson;
(Code 1980, § 8.10.030; Ord. No. 148, § 1, 1981; Ord. No. 870 (Recodification), 2014)
A.
Any
petition filed pursuant to this chapter shall be filed in the office
of the city clerk.
B.
No petition
tendered for filing pursuant to this chapter shall be filed unless
the filing fee therefor, in an amount established by resolution of
the city council, is first paid.
(Code 1980, § 8.10.040; Ord. No. 148, § 1, 1981)
Within three working days after receiving a petition filed pursuant
to this chapter, the city clerk will review the same to determine
whether a meet-and-confer session shall be required. A meet-and-confer
session shall be required only if:
A.
The
petition contains the signatures of tenants representing more than
50 percent of the occupied mobilehome spaces in the mobilehome park;
C.
The
proposed rent increase when added to all rent increases which were
effective during the 12 months immediately preceding the effective
date of the proposed rent increase computes to be a sum greater than
75 percent of the percentage by which the Los Angeles-Long Beach-Anaheim
Area Consumer Price Index for Urban Wage Earners and Clerical Workers,
as reported by the United States Bureau of Labor Statistics, has increased
in the 12 months immediately preceding the date of the most recently
published CPI information.
D.
If the
city clerk determines that a petition complies with the requirements
of this section, the city clerk shall select a date, time and place
for a meet-and-confer session between the tenants' committee and the
mobilehome park owner. Whenever possible, the date selected shall
be at least ten days prior to the effective date of the proposed rent
increase. The city clerk shall, by certified mail, give notice of
the meeting to the chairperson of the tenants' committee and the mobilehome
park owner.
(Code 1980, § 8.10.050; Ord. No. 148, § 1, 1981; Ord. No. 870 (Recodification), 2014)
At the mandatory meet-and-confer session, the tenants' committee and the mobilehome park owner, or a duly authorized representative, shall meet for the purpose of exchanging information, opinions and proposals with respect to the proposed rent increase. The mobilehome park owner shall be prepared to give an explanation of the necessity for a rent increase in excess of the consumer price index percentage described in section 8.10.050(C) and the mobilehome park owner shall also be prepared to inform the tenants as to the nature of any substantial improvements proposed for the mobilehome park during the next year, together with the information that would substantiate the proposed increase. The parties shall endeavor to reach agreement on matters within the scope of discussion.
(Code 1980, § 8.10.060; Ord. No. 148, § 1, 1981)
If agreement on the amount of the proposed rent increase cannot
be reached between the tenants' committee and the mobilehome park
owner, either party may appeal to the West End Mediation Board, located
in Ontario, California, for further mediation and conciliation. Notice
of such appeal must be filed with the city clerk not more than five
days after termination of the mandatory meet-and-confer session. A
notice of appeal will not be received for filing unless it is accompanied
by payment of one-half of the fee established by resolution of the
city council, which fee shall be in an amount appropriate to compensate
the West End Mediation Board for the mediation services to be rendered.
The responding party shall pay the other one-half of the fee within
ten days.
(Code 1980, § 8.10.070; Ord. No. 148, § 1, 1981; Ord. No. 870 (Recodification), 2014)
Mediation by the West End Mediation Board shall be conducted
in accordance with standards of the Federal Mediation and Conciliation
Service. The West End Mediation Board shall prepare a summary of facts
concerning the proposed rent increase in the event the mobilehome
park owner and the tenants' committee cannot reach mutual agreement
upon a proposed rent increase. Such summary of facts presented by
the West End Mediation Board shall be advisory.
(Code 1980, § 8.10.080; Ord. No. 148, § 1, 1981)
The summary of facts concerning the proposed rent increase prepared
by the West End Mediation Board shall be the final administrative
action upon any petition filed pursuant to this chapter with no provisions
for further appeal. Such findings and recommendations shall be public
records and may be certified by the secretary of the West End Mediation
Board, if any, or by the city clerk.
(Code 1980, § 8.10.090; Ord. No. 148, § 1, 1981)
Nothing in this chapter shall be deemed to preclude any mobilehome
park tenant or mobilehome park owner from seeking and obtaining any
appropriate judicial relief.
(Code 1980, § 8.10.100; Ord. No. 148, § 1, 1981)
A.
If the
tenants' committee fails to attend a scheduled meet-and-confer session
or a scheduled mediation session before the West End Mediation Board,
the city clerk shall order the petition dismissed and no further proceedings
shall be had thereon.
B.
If the
mobilehome park owner, or an authorized representative, fails to attend
a scheduled meet-and-confer session or a scheduled mediation session
before the West End Mediation Board, then the proposed rent increase
shall not become effective until such time as the mobilehome park
owner, or an authorized representative, has in fact attended a rescheduled
meet-and-confer session or a rescheduled mediation session before
the West End Mediation Board, as the case may be.
(Code 1980, § 8.10.110; Ord. No. 148, § 1, 1981)
A.
Rescheduling
of meet-and-confer sessions shall be done by the city clerk. Rescheduling
of mediation sessions before the West End Mediation Board shall be
done by the secretary of the West End Mediation Board. Any such rescheduled
session shall be held within 14 calendar days of the date originally
set therefor.
B.
A meet-and-confer
session may be continued by written stipulation of the tenants' committee
and the mobilehome park owner or his or her authorized representative
and such stipulation shall be filed with the city clerk. A hearing
on any appeal to the West End Mediation Board may be continued in
accordance with the rules established by the West End Mediation Board.
(Code 1980, § 8.10.120; Ord. No. 148, § 1, 1981; Ord. No. 870 (Recodification), 2014)
