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:
"Capital improvement"
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.
"Mobile home"
means a vehicle as defined in the Mobile Home Residency Law as per Civil Code Section 798.3.
"Mobile home park"
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.
"Mobile home space"
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.
"Owner"
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.
"Rehabilitation work"
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.
"Rent"
means the consideration paid for the use or occupancy of a mobile home space.
"Rent arbitration administrator (RAA)"
means the city manager or his or her designee.
"Tenancy"
means the right to use or occupy a mobile home space.
"Tenant"
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;
C. 
Select an arbitrator for any proceeding under Section 9.16.090 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.
C. 
No owner shall demand or accept or retain rent for any space exceeding the base rent unless an increase has been authorized under Sections 9.16.070, 9.16.080 or 9.16.090, or a vacancy increase has been authorized under Section 9.16.100 or the space is exempt under Section 9.16.060.
(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:
1. 
Constitute a violation of the La Verne Municipal Code; and
2. 
Constitute prima facie evidence that it was not voluntarily entered into or consented to by the tenant(s) or prospective tenant(s).
(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
3. 
After developing a renegotiated agreement, the owner or affected tenants fail to ratify it within fifteen days.
When mediation fails, an application may be submitted by the owner for arbitration pursuant to Section 9.16.090 of this chapter.
(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:
1. 
The last day of the month within which the arbitrator makes his or her final determination disapproving a rent increase; or
2. 
The effective date of a rent increase which is approved by a final determination of the arbitrator.
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)