This chapter may be cited as the "Mobilehome and Recreational
Vehicle Park Lease Ordinance of the City of Santa Barbara."
(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.
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.
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)