"Commission"
means the Manufactured Home Fair Practices Commission established
by this chapter.
"Consumer price index"
means the San Diego Consumer Price Index-Urban Consumers,
(CPI-U) published by the U.S. Bureau of Labor Statistics. The CPI-U
base period shall be 1982-84 = 100.
Manufactured home.
For the purposes of this chapter, the term "manufactured
home" shall be synonymous with the term "mobile home."
"Manufactured home owner"
means any person entitled to occupy a manufactured home as
the owner thereof. Also referred to herein as a "home owner."
"Manufactured home park"
means an area of land where two or more manufactured home
sites are rented, or held out for rent to the public by the same person
or entity, to accommodate manufactured homes used for human habitation.
Also referred to herein as a "park."
"Manufactured home park owner"
means the owner, lessor, operator or designated agent thereof
of a manufactured home park. Also referred to in this chapter as a
"park owner."
"Rental agreement"
means a contractual agreement between the manufactured home
park owner and a manufactured home owner pertaining to leasing a space
for the manufactured home within a manufactured home park and establishing
the terms and conditions of such tenancy including month to month
tenancy agreements.
"Space"
means the area or site in a manufactured home park, within
the legal lot lines designated for the location of a manufactured
home.
"Space rent"
means the consideration, including any bonus, benefits or
gratuities, demanded or received for and in connection with the use
or occupancy of a manufactured home space within a manufactured home
park or the transfer of a rental agreement of such a manufactured
home space. Consideration shall include the right of occupants of
the manufactured home on the space covered by the rental agreement
to use all facilities, services and amenities accruing to the residents
of the park for which a separate fee authorized by the Mobile Home
Residency Law (California
Civil Code Section 798 et seq.) is not charged.
Nothing in this chapter shall be construed to prevent a park owner
from establishing such fees as may be authorized by the Mobile Home
Residency Law. "Space rent" shall not include utility
charges for utility services, including gas, electricity, water, trash
and/or sewer service, provided to an individual manufactured home
residence (as opposed to the park in general) where such charges are
billed to such a residence separately from the space rent and such
charges are limited to the actual value of the utility services provided
to the individual residence. Charges can only be made for services
actually rendered.
"Vacancy."
A vacancy in a manufactured home park is a site that is not
occupied by a manufactured home. Vacancy does not include any space
not available for rental by the public for placement of a mobile home.
(Ord. 555 § 3, 2019)
For the initial permissive adjustment, its optional NOI adjustment,
and annual permissive adjustments, the base year period shall be the
12 months preceding December 31, 1989. For annual NOI adjustments
thereafter, the base year period shall be the 12 months ending December
31, 1993.
(Ord. 555 § 3, 2019)
For purposes of this chapter, the net operating income (NOI)
of a manufactured home park shall equal gross income (GI) less operating
expenses (OE).
(Ord. 555 § 3, 2019)
For purposes of this chapter, the gross income (GI) of a manufactured
home park shall equal the following:
A. Gross
space rents, computed as gross space rental income of all spaces in
the park at 100% occupancy; plus
B. Other
income generated as a result of the operation of the park, including,
but not limited to, laundry and recreational vehicle storage; including
rents collected from park owned manufactured homes; plus
C. Revenue
received by the park owner from the sale of the gas and electricity
to park residents where such utilities are billed individually to
the park residents by the park owner, which revenue shall equal the
total cost of the utilities to the residents minus the amount paid
by the park owner for such utilities to the utility provider; minus
D. Uncollected
space rents due to vacancy and bad debts to the extent that the same
are beyond the park owner's control. Uncollected space rents
in excess of three percent of gross space rents shall be presumed
to be unreasonable unless established otherwise and shall not be included
in computing gross income.
(Ord. 555 § 3, 2019)