This chapter may be cited as the "Mobilehome and Recreational Vehicle Park Lease Ordinance of the City of Santa Barbara."
(Ord. 4285, 1984)
A. 
The City Council finds and determines that there is a critical shortage of low and moderate income housing within the City and on the south coast of Santa Barbara County.
B. 
The City Council further finds and determines that mobilehome parks and recreational vehicle parks (also known as trailer parks) are a significant part of the remaining supply of low and moderate income housing in the City, and are frequently occupied by residents on a permanent basis. Many of the residents of these facilities are senior citizens on fixed incomes or other persons with limited economic means.
C. 
The City Council further finds and determines that rent increases in mobilehome and recreational vehicle parks represent a significant threat to the continued ability of park residents to afford to maintain residency in such parks. The economic impact of unaffordable rent increases on park residents is much more severe than rent increases on other tenants inasmuch as many park residents own their mobilehomes, recreational vehicles or trailers and, if forced to move because of rent increases, must bear the additional and substantial burden of paying to move those vehicles or mobilehomes to another site. There are very few places on the south coast of Santa Barbara County to which such mobilehomes or vehicles can be moved.
D. 
The purpose of this chapter is therefore to regulate the rent charged for mobilehome and recreational vehicle spaces used on a permanent basis to prevent severe and inordinate rent increases, to protect certain persons of limited economic means from the disruption and expense of relocation and to provide increased certainty to park residents of their ability to maintain their current status while at the same time providing park owners with a fair return on their investment and the continuing ability to maintain their parks.
(Ord. 4285, 1984)
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning.
Capital Improvement.
Any addition or betterment made to a mobilehome or recreational vehicle park which consists of more than a mere repair or replacement of an existing facility or improvement and which has a useful life of five or more years.
Consumer Price Index.
The Urban Wage Earners and Clerical Workers Index, Los Angeles-Long Beach-Anaheim average, all items, as published by the United States Bureau of Labor Statistics, or such other index as may be approved by resolution of the City Council.
Department.
The Community Development Department of the City of Santa Barbara.
Mobilehome.
As defined in Chapter 28.04 or Section 30.300.130 of this code.
Mobilehome Park.
As defined in Chapter 28.04 or Section 30.300.130 of this code.
Mobilehome Park Space.
As defined in Chapter 28.04 or Section 30.300.130 of this code.
Mobilehome Resident.
A person who rents a space in a mobilehome park.
Park Owner.
The owner or operator of a mobilehome or recreational vehicle park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of the park.
Recreational Vehicle.
As defined in Chapter 28.04 or Section 30.300.180 of this code.
Recreational Vehicle Park.
As defined in Chapter 28.04 or Section 30.300.180 of this code.
Recreational Vehicle Resident.
A person who rents a space in a recreational vehicle park.
Recreational Vehicle Space.
As defined in Chapter 28.04 or Section 30.300.180 of this code.
Rehabilitation Work.
Any renovation or repair work completed on or in a mobilehome or recreational vehicle park which was performed in order to comply with an order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty.
Rent.
The consideration, including any bonus, benefits or gratuity, demanded or received by a park owner for or in connection with the use or occupancy of a space, including, but not limited to, monies demanded or paid for the following: meals where required by the park owner as a condition of the tenancy, parking, furnishings, other housing services of any kind, subletting, or security deposits. (Housing services are defined as those services connected with the use or occupancy of a space including, but not limited to, utilities (light, heat, water and telephone), utility connections, ordinary repairs or replacement and maintenance, including painting. This term shall also include the provision of laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, storage facilities and any other benefits, privileges or facilities.)
Resident.
A mobilehome resident and a recreational vehicle resident.
Space.
A mobilehome park space and a recreational vehicle park space.
Tenancy.
The right of a resident to use or occupy a space.
(Ord. 4285, 1984; Ord. 5459, 2008; Ord. 5798, 2017)
This chapter shall apply as of its effective date to all tenancies in mobilehome and recreational vehicle parks located in the City of Santa Barbara, except:
A. 
Tenancies used primarily for commercial purposes.
B. 
Tenancies in parks of four spaces or fewer, where one space is occupied by the park owner.
C. 
Tenancies in parks placed in operation after the effective date of this chapter; provided, however, that such exemption shall continue in effect for only four years after such creation.
D. 
Tenancies in spaces which a government agency owns, manages or operates.
E. 
Tenancies which both the park owner and the resident do not expect to exceed 30 days.
(Ord. 4285, 1984)
A lease shall include, at a minimum, the following provisions:
A. 
Term; termination. No term shall be specified. The lease may be terminated only for one of the following reasons:
1. 
Failure of the resident to comply with a local ordinance or state law or regulation relating to mobilehomes or recreational vehicles within a reasonable time after the resident received a notice of noncompliance from the appropriate governmental agency.
2. 
Conduct by the resident, upon the park premises, which constitutes a substantial annoyance to other residents.
3. 
Failure of the resident to comply with a lease provision or reasonable rule or regulation of the park. No act or omission of the resident shall constitute such a failure to comply unless and until the park owner has given the resident written notice of the alleged violation and the resident has failed to adhere to the lease provision or rule or regulation within seven days.
4. 
Nonpayment of rent, utility charges, or reasonable incidental service charges.
5. 
Condemnation of the park.
6. 
Change of use of the park, provided that the provisions of subsection (g) of Section 798.56 of the California Civil Code and any applicable local ordinances are followed.
7. 
Cessation of occupancy by the tenant with 60 days prior notice to the park owner, or waiver of such notice by the park owner.
B. 
Notice. Notice of termination must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure at least 60 days prior to the termination date of the tenancy. Said notice shall state the date the lease terminates, the reason for the termination or refusal to renew, and the specific facts upon which the park owner is relying.
C. 
Rent increases. A provision placing the following restrictions on a park owner's ability to increase the rent most recently and lawfully charged:
1. 
Rent for a space shall not be increased more frequently than once per year and all increases within any particular park shall occur at the same time each year.
2. 
Except as provided in paragraph 3 of this subsection, a rent increase may not exceed the greater of (i) three-quarters of the percentage increase in the Consumers Price Index since the date of the last rent increase, or (ii) three percent times the number of complete months since the date of the last rent increase divided by 12.
3. 
A rent increase in excess of that allowed under paragraph 2 of this subsection shall be allowed only to the extent it is approved by the resident or an arbitrator acting pursuant to the provisions of subsection D of this section.
D. 
Arbitration. A provision establishing an arbitration mechanism for resolving disputes over (i) rent increase under paragraph 3 of subsection C of this section, and (ii) any other issues which the parties agree to subject to arbitration. At a minimum, this provision shall specify as follows:
1. 
An impartial arbitrator shall be authorized to make final and binding decisions on disputed matters.
2. 
Arbitration shall be as expeditious as feasible and, whenever possible, should not exceed 60 days from the date the arbitrator is selected to the date of the arbitrator's decision.
3. 
In the case of rent increase disputes:
a. 
The Department shall select a qualified arbitrator and shall prepare a contract to be executed by the arbitrator and park owner; and
b. 
The costs of the arbitrator shall be (i) paid by the park owner, and (ii) considered a reasonable operating expense within the meaning of paragraph d.ix of this paragraph 3 if the arbitrator approves the requested increase or any portion thereof; and
c. 
The arbitrator shall be authorized to examine all financial data relating to the park which is relevant to the dispute, and receive testimony (oral and written) from any affected resident of the park, the park owner or their representatives at a meeting open to all park residents affected by the proposed increase; and
d. 
The arbitrator shall approve such rent increase, if any at all, as is determined to be fair, just and reasonable within five days of the close of the arbitration hearing. The arbitrator's decision shall be mailed by the Department to the park owner and the affected residents or their designated representatives. In reaching that determination, the arbitrator shall consider the following factors, in addition to any other factors he or she considers relevant:
i. 
Changes in the Consumer Price Index.
ii. 
The Voluntary Pay and Price Standards promulgated by the President of the United States or any other lawfully established state or federal government wage and price guidelines.
iii. 
The rent lawfully charged for comparable spaces in the County of Santa Barbara.
iv. 
The length of time since the last rent increase for the space or spaces specified in the rent increase proposal and the length of time necessary to receive consideration by the arbitrator.
v. 
Any proposed capital improvements or rehabilitation work related to the space or spaces specified in the rent increase application, and the cost thereof, including such items as materials, labor, construction interest, permit fees and other items as the arbitrator deems appropriate.
vi. 
Changes in property taxes or other taxes related to the subject park.
vii. 
Changes in the rent paid by the park owner for the lease of the land on which the subject park is located.
viii. 
Changes in the utility charges for the subject park paid by the park owner and the extent, if any, of reimbursement from the residents.
ix. 
Changes in reasonable operating and maintenance expenses, including interest and other expenses relating to the acquisition of the land and improvements of the park.
x. 
The need for repairs caused by circumstances other than ordinary wear and tear.
xi. 
A change in the amount and quality of services provided by the park owner to the affected residents.
e. 
The arbitrator shall not consider changes in operating or other expenses caused by the park owner's refinancing of the park occurring after the date of adoption of this chapter, except where the refinancing is both reasonable and necessary to make capital improvements to the park or is the result of prior financial commitments specific to the park becoming due.
f. 
The arbitrator may provide that an increase in rent or a portion of an increase in rent granted by the arbitrator be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest and a reasonable profit.
E. 
No assignment. A provision stating that the lease is not assignable to a successor of the tenant in the absence of mutual consent of the parties.
(Ord. 4285, 1984)
A. 
Mandatory provisions. The park owner shall offer each resident a lease which contains each of the provisions specified in Section 26.08.040, and which complies with Section 26.08.060, except to the extent that the parties have voluntarily agreed to modify or waive any such provision. The parties shall bargain in good faith to reach agreement on the language used to express the mandatory provisions, and shall submit any dispute which remains after such bargaining to arbitration as set forth in subsection C of this section. These provisions shall be identified in the lease as "mandatory provisions."
B. 
Optional provisions. The lease may contain any additional provisions to which the parties agree. Either party may propose inclusion of optional provisions. The parties shall bargain in good faith with respect to the inclusion of any such optional provisions and shall submit any dispute which remains after such bargaining to arbitration as set forth in subsection C below. The arbitrator may impose on the parties any optional provisions which the arbitrator finds will render the lease reasonable, equitable and consistent with other leases commonly used in similar facilities. These provisions shall be identified in the lease as "optional provisions."
C. 
Arbitration. Any disputes arising between a park owner and resident under this section shall be deemed submitted to arbitration upon the expiration of 60 days after commencement of negotiations. Either party may request arbitration. The arbitrator shall be selected as set forth in Section 26.08.040.D. The costs of the arbitrator shall be paid by the park owner. One half of such costs shall be considered a reasonable operating expense under Section 26.08.040.D.3.d.ix. The arbitrator shall render a decision within 30 days, and the decision shall be final and binding upon the parties. The arbitrator's decision shall be supported by substantial evidence and applicable law.
D. 
Judicial review. A park owner or resident may seek judicial review of any arbitrator's decision under this chapter. The award may be vacated upon judicial review if it is not supported by substantial evidence or based on applicable law. Arbitration or litigation shall be conducted at a location acceptable to all parties. If the parties cannot agree, the arbitration or litigation shall be conducted in the City of Santa Barbara.
(Ord. 4285, 1984; Ord. 6028 § 2, 2021)
If a space is voluntarily vacated by all the existing tenants as a result of a transfer of legal ownership of the mobilehome or recreational vehicle, and it is not removed from the space, then the rent may be increased by no more than 10%. A park owner may increase space rent in any amount when a mobilehome is abandoned in-place, as defined in Civil Code Section 798.61.
(Ord. 4285, 1984; Ord. 4592, 1989; Ord. 6028 § 3, 2021)
Within 30 days of the adoption of this chapter, and upon the renting of each park space thereafter, a park owner shall give each resident a written statement advising the resident of the existence of this chapter. The park owner shall also maintain a current copy of the ordinance available for review at the manager's premises or other convenient location within the park.
(Ord. 4285, 1984)
A. 
Rent increases. A park owner may not collect rent in excess of the rent most recently and lawfully charged for a park space until: (1) a lease is executed by both parties with respect to that space; or (2) a resident fails to execute a lease in a form approved by the arbitrator within 30 days of the arbitrator's decision, which failure shall constitute a waiver by the resident of his or her rights under this chapter.
B. 
Damages. Any person who demands, accepts or retains any payment of rent in violation of the provisions of this chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could lawfully be demanded, accepted or retained together with reasonable attorneys' fees and costs as determined by the Court.
C. 
Court order. Either party or the City Attorney may bring an action in the Superior Court compelling the other party or the arbitrator to comply with the terms of this chapter.
D. 
City enforcement. The City Attorney is authorized to enforce this chapter through administrative, civil, or criminal action. The City Attorney is further authorized to bring actions for injunctive relief on behalf of the City.
(Ord. 4285, 1984; Ord. 6028 § 4, 2021)