Note: Prior history: prior code §§ 12100—12110
and Ords. 690, 697, 715, 730, 737, 780, 798, 823, 839, 843 and 921.
It is the purpose of this chapter to facilitate the establishment
of fair and reasonable rents within mobile home parks within the city.
Furthermore, it is the intent of this chapter to maintain the character
and quality of the city's mobile home parks, providing park owners
reasonable rent increases and park residents the security of rent
review.
(Ord. 952 § 1, 2002)
For the purposes of this chapter, the following words, terms
and phrases shall be defined as follows:
means any addition or betterment made to a mobile home park
which consists of more than mere repairs or replacements of existing
facilities or improvements and which has a useful life of five or
more years.
means a vehicle as defined in the Mobile Home Residency Law
as per Civil Code Section 798.3.
shall mean any area of land within the city where two or
more mobile home spaces are rented, or held out for rent, to accommodate
mobile homes used for human habitation.
means the site within a mobile home park intended, designed
or used for the location or accommodation of a mobile home and any
accessory structures or appurtenances attached thereto or used in
conjunction therewith.
means the owner or operator of a mobile home park or an agent
or representative authorized to act on the owner's or operator's behalf
in connection with the maintenance or operation of such park.
means any renovation or repair work completed on or in a
mobile home park which was performed in order to comply with the direction
or order of a public agency, or to repair damage resulting from fire,
earthquake or other casualty.
means the consideration paid for the use or occupancy of
a mobile home space.
means the city manager or his or her designee.
means the right to use or occupy a mobile home space.
means a person who has a tenancy in a mobile home park and
includes a "Homeowner" as defined in the Mobile Home Residency Law
as per Civil Code Section 798.9. "Affected tenants" shall mean those
tenants for whom a rent increase is requested.
(Ord. 952 § 1, 2002)
In addition to the specific duties described elsewhere in this
chapter, the rent arbitration administrator shall:
A.
Make
any recommendation he or she deems appropriate to the city council
regarding the implementation of this chapter;
B.
Adopt,
subject to city council approval, procedures and guidelines for the
implementation of this chapter;
(Ord. 952 § 1, 2002)
Rents agreed to under a written agreement in existence on June
1, 1984, may be collected until the expiration of the lease agreement.
(Ord. 952 § 1, 2002)
A.
The
initial base rent per month for each space shall be the rent in effect
for that space on June 1, 1983, subject to the following adjustments:
1.
An
increase of no more than seven percent per annum between June 1, 1983,
and the effective date of the ordinance codified in this chapter;
2.
Increases
equal to a proportionate share of an increase in a city special tax,
benefit assessment, or service charge, and including, but not limited
to, paramedic fees and lighting and landscaping assessment districts
between June 1, 1982, and the effective date of the ordinance codified
in this chapter.
B.
Any
mobile home space that has a rent of one hundred fifty dollars or
less at the effective date of the ordinance codified in this chapter
shall not be subject to this section. The base rent for these spaces
shall be the rent charged at the effective date of the ordinance codified
in this chapter.
(Ord. 952 § 1, 2002)
A.
Any
mobile home park which provides a rental agreement meeting the criteria
set forth in this section shall be exempt from the provisions of this
chapter for the duration of such agreement.
B.
The exemption provided in subsection A of this section shall be in addition to any exemption provided by California state law, and shall be effective only if the space rental agreement meets the following criteria:
1.
The
agreement must establish a space rent schedule for a minimum of two
years from the effective date of the agreement.
2.
The
agreement need not be a formal lease or follow any prescribed format
but the space rent schedule must be binding upon both the owner and
residents for its duration. The agreement may contain such provisions
as may be agreed upon by the parties to it.
3.
The
agreement must be voluntarily consented to by sixty-seven percent
of the mobile home rental spaces within the park. This consent shall
be evidenced by the signature of at least one adult tenant from each
space, constituting the sixty-seven percent, on lease agreements or
on such form as may be required by the RAA. The consent form shall
be circulated or provided for signature only in accordance with such
rules and regulations as may be established by the RAA.
C.
This exemption shall terminate upon the expiration of the space rental agreement unless such agreement is renewed or extended by mutual agreement of the owner and sixty-seven percent of the residents. Any such renewal or extension of such agreement must meet the criteria set forth in subsection B of this section. Upon termination of the exemption, the mobile home park shall comply with this chapter. The rent last charged under the lease agreement shall be the base rent.
(Ord. 952 § 1, 2002)
A.
Nothing
in this chapter shall operate to restrict the right of a tenant or
prospective tenant and the owner of a mobile home park to enter into
an agreement in accordance with California Civil Code Section 798.17.
The tenant or prospective tenant shall have the option to reject the
offered rental agreement and accept a rental agreement for a term
of twelve 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 twelve
months or that provides that it shall be exempt from local rent control
as a condition of the tenancy. A tenant or prospective tenant who
is offered a lease or rental agreement with a term in excess of twelve
months shall have the option to reject the offered agreement and instead
accept a rental agreement for a term of twelve months or less.
B.
Prior
to entering into any rental agreement with a tenant or prospective
tenant, the owner shall disclose to the tenant or prospective tenant
in writing all of the information set forth in Civil Code Section
798.17(f).
C.
A lease
or rental agreement in excess of twelve months that does not contain
the language required under Civil Code Section 798.17(f) shall:
(Ord. 952 § 1, 2002)
A.
No proposed
rent increase shall take effect until approved by the RAA.
B.
Within
thirty days of receipt of a complete rent increase notification (including
all supporting material), the RAA shall review it and shall certify
the increase and notify the owner if the RAA finds that:
1.
There
have been no rent increases for the subject spaces for the past twelve
months; and
2.
There have been no decreases in services provided the tenants except in compliance with Section 9.16.110 of this chapter; and
3.
The
proposed rent increase is no greater than:
a.
The lesser of seven percent of the rent in effect at the time of
application, or the increase in the latest available United States
Department of Labor Statistics' Consumer Price Index (CPI-U) for the
Los Angeles-Riverside-Orange County Statistical Area for the twelve-month
period ending not less than one hundred ten and not more than one
hundred forty days prior to the proposed effective date of the increase,
b.
Any increase covering only the proportionate share of:
i.
An increase specified in a land lease in existence on June 1, 1983,
and/or
ii.
An increase in a government-imposed special tax, benefit assessment,
or service charge, excluding water, sewer and trash and including,
but not limited to, paramedic fees and lighting and landscaping assessment
districts, and/or
iii.
Any capital improvement fee or service charge made in connection
with Miramar Filtration Plant and related improvements.
C.
After approval of a rent increase under this section, there shall be no further rent increases of any kind for the subject spaces for twelve months, except a vacancy increase as permitted under Section 9.16.100.
D.
After
approval of any rent increase hereunder, it shall be the owner's responsibility
to provide notice of rent increase together with a copy of the city's
notice certifying the increase, to all affected tenants in accordance
with Code of Civil Procedure Sections 798.14 and 798.30.
(Ord. 952 § 1, 2002; Ord. 1082 § 1, 2018)
In the event a proposed rent increase does not meet the criteria set forth in Section 9.16.070, a park owner may file a request for mediation with the RAA for one or more spaces by a park mediation committee. An owner shall be limited to one application per park per year under this section.
A.
An application
for a rent increase pursuant to this section shall be filed upon a
form prescribed by the RAA. The application shall specify the address
and numbers of all spaces for which rent is requested to be increased.
All applications shall be made under penalty of perjury and supporting
documents shall be certified or verified by the RAA.
B.
Upon
receipt of the application, the RAA shall mail a notice to the affected
tenants at the mobile home spaces designated in the application. The
notice shall include the amount of the requested rent increase and
a brief summary of the owner's justification for the request.
C.
Upon
notification of the proposed increase, a park mediation committee
shall be established for the purposes of meeting and conferring on
the rental increase, endeavoring to reach a mutual understanding of
one another's viewpoint, and negotiating an agreement in conjunction
therewith.
The park committee shall be composed of two members or representatives
of the park owner and two members elected by secret ballot of the
affected tenants of the proposed rent increase. The fifth member of
the park committee shall be a mediator appointed by the unanimous
vote of the other four members. In the event the members appointed
by the park owner and elected by the tenants cannot agree on the fifth
member within ten days after their appointment, they shall request,
in writing, that the RAA appoint a fifth member. Any fees payable
to the mediator, whether he/she is appointed by the park mediation
committee or the RAA, shall be borne equally by the park owner and
the affected tenants.
D.
The
park committee shall establish procedures for the conduct of its affairs
not otherwise in conflict with the provisions of this chapter, including,
but not limited to, the number of affirmative votes it may require
to take or effect any action.
E.
If the
park committee negotiates a proposed agreement, the owner shall accept
or reject it within five days. If accepted, written notice of the
proposed agreement shall be given to all of the affected tenants of
the park and the owner. Within ten days of such notice, the affected
tenants shall take a secret ballot, with one vote per space.
F.
If at
least sixty-seven percent of the affected mobile home spaces voting
concur with the agreement, then it shall be deemed approved. If less
than sixty-seven percent of the affected mobile home spaces voting
concur with the agreement, or the owner rejects the agreement, then
it shall be deemed disapproved.
G.
If the agreement is rejected as provided under subsection E or F of this section, the park committee shall meet within ten days after such rejection for the purpose of renegotiating another proposed agreement. If such a proposed agreement is renegotiated and accepted by the owner, written notice thereof by the park committee shall be given and a secret ballot by the affected tenants shall be taken in accordance with the provisions of subsection F of this section.
H.
All
applications submitted under this section are considered denied if:
1.
The
park committee fails to negotiate a proposed agreement relating to
a rental increase within thirty days after the appointment of the
fifth member; or
2.
The
park committee fails to renegotiate a proposed agreement relating
to a rental increase within thirty days after the agreement is rejected;
or
(Ord. 952 § 1, 2002)
A.
If a proposed rent increase application is denied pursuant to Section 9.16.070, or a mediated settlement per Section 9.16.080 cannot be reached, an owner may file with the RAA a rent increase application for one or more mobile home spaces for arbitration. An owner shall be limited to one application for arbitration within any twelve-month period.
B.
An application
for a rent increase pursuant to this section shall be filed upon a
form prescribed by the RAA and shall be accompanied by the payment
of a fee of ten dollars per space for which an application for a rent
increase is made. Such fee may be reviewed and adjusted by resolution
of the city council. The owner may charge half of the fee to the tenants
of the affected spaces in the form of a one-time pass-through. Any
surplus of the fee, which exceeds the arbitrator's fee, shall be refunded
at the end of the arbitration. Any arbitration costs, which exceed
the initial deposit fee, shall be borne by the owner. If the owner
is successful, one-half of the excess fee may be passed through to
the tenants by the owner. The application shall specify the address
of the mobile home park, the space number or numbers for which rent
is requested to be increased, the amount of the requested rent increase,
and the facts supporting the requested increase.
C.
The
applicant shall produce, at the request of the arbitrator, any records,
receipts, or other documents that the arbitrator may deem necessary.
The application shall be made under penalty of perjury and supporting
documents shall be certified or verified as requested by the arbitrator.
D.
The
arbitrator shall determine within sixty days after receipt of a rent
increase application whether the application is complete. If the arbitrator
determines that an application is not complete, the arbitrator shall
notify the applicant in writing as to what additional information
is required.
E.
Upon
receipt of a rent increase application, the RAA shall mail a notice
to the affected tenants at the mobile home spaces designated in the
application. The notice shall include the amount of the requested
rent increase, a brief summary of the owner's justification for the
request, notice that any supporting documents may be inspected at
City Hall, notice of the tenant's right to submit written statements,
photographs or documents relating to the application within thirty
days after the date the notice is mailed, and the address where such
statements, photographs or documents may be mailed or delivered. All
written statements submitted by the tenants for consideration by the
arbitrator shall be signed and submitted under penalty of perjury.
The arbitrator shall hold a hearing on the application within sixty
days after such application is determined to be complete. Notice of
the time, date and place of the hearing shall be sent to the applicant
and the affected tenants at the mobile home spaces designated in the
application at least ten days prior to the hearing.
F.
At the hearing, the applicant and the affected tenants may offer any testimony that is deemed relevant by the arbitrator to the requested rent increases. The applicant shall produce any records, receipts or other documents that the arbitrator may deem necessary to approve a rent increase. The applicant and affected tenants may offer documents, written declarations, or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Within fifteen days after the close of the hearing, the arbitrator shall make his/her determination, pursuant to the standards established by subsection G of this section, approving or disapproving a rent increase for the mobile home space or spaces specified in the rent increase application.
G.
The
arbitrator shall approve such rent increase as he or she determines
to be just, fair and reasonable. The arbitrator shall consider, but
not be limited to, the following factors in making such determinations:
1.
Changes
in the latest available Consumer Price Index for All Urban Consumers
for the Los Angeles-Riverside-Orange County Statistical Area, published
by the United States Bureau of Labor Statistics for the twelve-month
period ending not less than one hundred ten and not more than one
hundred forty days prior to the proposed effective date of the increase;
2.
The
rent lawfully charged for comparable mobile home spaces in the city;
3.
The
history and pattern of all prior rent increases of the park, and any
prior arbitration proceedings;
4.
The
completion of any capital improvements or rehabilitation work related
to the mobile home space or spaces specified in the rent increase
application, or in the common areas of the park, and the cost thereof,
including such items of cost, including materials, labor, construction,
interest, permit fees, and such other items as the arbitrator deems
appropriate;
5.
Changes
in property taxes and other taxes related to the subject mobile home
park;
6.
Changes
in the rent paid by the applicant for the lease of the land on which
the subject mobile home park is located to the extent that such increases
were scheduled in a land lease entered into, and recorded with the
county recorder, prior to June 1, 2017;
7.
Changes
in the utility charges for the subject mobile home park paid by the
applicant and the extent, if any, of reimbursement from the tenants;
8.
Changes
in reasonable operating and maintenance expenses;
9.
The
amount and quality of services provided by the applicant to the affected
tenant;
10.
The need for rehabilitation work;
11.
Tenant comments regarding the proposed increase.
H.
The
arbitrator shall not consider the following factors in rent arbitration
hearings:
1.
Any
expense for which the owner is reimbursed;
2.
Attorneys
fees and costs incurred in proceedings under this chapter unless the
proceedings have been made unduly expensive as a result of requests
for information by the city which deliberately flout existing law,
or if the landlord would suffer confiscation if such costs are not
recoverable.
I.
The
arbitrator may provide that an increase in rent or a portion of an
increase in rent granted be limited to the length of time necessary
to allow the park owner to reasonably amortize the cost of a capital
improvement, including interest. Such increase granted as a result
of the capital improvement shall not continue beyond the time necessary
for reasonable amortization of the cost of such improvement.
J.
If the
arbitrator finds that owner has refused to accept a reasonable settlement
offer during the pendency of rent increase proceedings, the arbitrator
may award the tenants their costs and reasonable attorney fees incurred
in opposing the application from the time of the offer. To the extent
such costs and fees have been paid, they may be awarded to the persons
who advanced them or to the tenants' association; otherwise, they
shall be awarded directly to the attorneys representing the tenants.
K.
Notice
of the arbitrator's determination shall be mailed to the applicant
and all affected tenants at the mobile home spaces designated in the
application. Notwithstanding anything contained in this chapter to
the contrary, the arbitration proceedings shall be conducted as an
administrative proceeding providing administrative due process to
the parties. The determination of the arbitrator shall be subject
to review in the Superior Court of Los Angeles County pursuant to
California Code of Civil Procedure Section 1094.5 as a final administrative
determination, within the time constraints established pursuant to
Code of Civil Procedure Section 1094.6.
L.
If the arbitrator is unable to act and make his/her final determination on a completed rent increase application within seventy-five calendar days after the application is deemed complete by the RAA, the arbitrator may approve such interim rent increase for the mobile home space or spaces specified in the application as clearly appears warranted when the factors set forth in subsection G of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the arbitrator by the affected tenants, and any other facts known to the arbitrator. An approved interim rent increase shall expire on either:
M.
The time within which the arbitrator may conduct a hearing or make his or her determination may be extended twice by the arbitrator for periods of time not to exceed sixty days each if the arbitrator considers and, if grounds exist, grants an interim rent increase pursuant to subsection L of this section.
(Ord. 952 § 1, 2002; Ord. 1082 § 2, 2018)
A.
When
a tenancy in a mobile home park is terminated, expires, or is assigned,
transferred or otherwise conveyed, or when the ownership of a mobile
home is transferred, the park owner may adjust the monthly rent by
the greater of thirty-four dollars per month or seven percent of the
rent in effect at the time of the transfer. Such an increase is referred
to as a vacancy increase. The mobile home park owner shall notify
the RAA in writing of any adjustment in rent under this section within
thirty days of such adjustment;
A change in ownership shall not include any of the following:
1.
Transfers
to a conservator of the person and/or of the estate of the tenant;
2.
Transfers
which take effect upon the death of a spouse and/or co-tenant (from
the inception of the tenancy);
3.
Transfers
to a spouse, or former spouse, in connection with a property settlement
agreement or decree of dissolution of marriage or legal separation;
or
4.
The
creation, transfer or termination solely between spouses, of any co-owner's
interest.
B.
In the
event the maximum monthly rent allowed on a mobile home space following
a vacancy increase is less than three hundred eighty dollars at the
time the vacancy increase is allowed, a park owner may increase the
monthly rent for such a space to three hundred eighty dollars.
C.
After
approval of a rent increase under this section, there shall be no
further rent increases of any kind, for the subject space, for twelve
months.
D.
A tenant
who contemplates transferring a tenancy in a mobile home park or ownership
of a mobile home may request in writing a statement from the park
owner setting forth the amount of the adjusted base rent to be charged
to the new tenant or owner. The park owner shall provide the written
statement requested within ten days.
(Ord. 952 § 1, 2002)
A.
No mobile
home park owner shall reduce or eliminate any service to any mobile
home space so long as this chapter is in effect, unless and until
a proportionate share of the cost savings resulting from such reduction
or elimination is passed on to the resident in the form of a decrease
in space rent. If a mobile home park owner who provides utility services
reduces or eliminates such service by separate metering or other lawful
means of transferring to the resident the obligation for payment for
such services, the cost savings shall be deemed to be the cost of
such transferred utility service for the twelve months prior to the
installation and use of the submetering system.
B.
For
the purposes of this section in determining cost savings to be passed
on to the resident in the form of decreased rent, the cost of installation
of separate utility meters, or similar costs to the mobile home park
owner to shift the obligation for payment of utility costs to the
resident, shall not be considered. Nothing stated in this section
shall be construed to prohibit or prevent the consideration or inclusion
of such costs within an application to the board for arbitration.
(Ord. 952 § 1, 2002)
A.
In the
event that a mobile home park owner is assessed financial surcharges
for excess water consumption pursuant to the water conservation ordinance
of the city, the park owner is entitled to partially pass through
those surcharges to tenants in the form of a temporary rent surcharge.
This surcharge shall not constitute a rent increase for purposes of
this chapter.
B.
A mobile
home park owner shall be entitled to pass through surcharges for excess
water consumption to tenants as follows:
1.
For
mobile home parks that are not separately submetered, the mobile home
park owner shall be entitled to pass through seventy-five percent
of the assessed surcharges. Such pass-through charges shall be divided
and assessed equally, on a per-space basis, to all tenants in the
mobile home park.
2.
For
mobile home parks that are separately submetered, mobile home park
owners may apportion surcharges for excess water consumption to tenants
based upon actual water consumption meter readings.
a.
Tenants who fail to reduce water consumption in the amounts specified
by the city's water conservation ordinance based upon precise meter
readings may be assessed corresponding pass-through charges according
to the rates established in the city's water conservation ordinance.
In no case shall a mobile home park owner pass through surcharges
to tenants at rates which exceed the surcharge rates specified in
the water conservation ordinance.
b.
As a "lifeline" provisions, tenants shall be entitled to a basic water allocation without incurring surcharges. Notwithstanding the provisions of subsection (B)(2)(a) of this section, residents of a mobile home who consume three thousand or less gallons of water in a one-month billing period shall be exempt from pass-through surcharges for failure to reduce water consumption.
C.
In the
event that tenants receive pass-through surcharges for excess water
consumption, tenants shall be provided with access to water consumption
records in possession of the city and the owner of the mobile home
park upon request.
D.
A mobile
home park owner shall not close, or make unavailable existing, on-premises
coin-operated laundry facilities during the duration of the city water
conservation ordinance.
E.
Appeals.
As a water customer of the city, a mobile home park owner may appeal
the imposition of surcharges under the appeal procedure contained
in the water conservation ordinance. Mobile home park owners and tenants
may also address concerns regarding the pass-throughs of California
drought surcharges to the city's rent arbitration administrator.
(Ord. 952 § 1, 2002)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
The city council declares that it would have passed the ordinance
codified in this chapter and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more of the sections,
subsections, sentences, clauses or phrases hereof be declared invalid
or unconstitutional.
(Ord. 952 § 1, 2002)
