"Capital improvements"
means those new improvements which directly and primarily benefit and serve the existing mobile home park tenants by materially adding to the value of the mobile home park, appreciably prolonging its useful life or adapting it to new uses, and which are required to be amortized over the useful life of the improvements pursuant to the provisions of the Internal Revenue Code and the regulations issued pursuant thereto. "Capital improvements costs" shall mean all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement.
"Capital replacement"
means the substitution, replacement or reconstruction of a piece of equipment, machinery, streets, sidewalks, utility lines, landscaping, structures or part thereof of a value of five thousand dollars or more which materially benefits and adds value to the mobile home park. "Capital replacement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital replacement and shall include debt service costs, if any, incurred as a direct result of the capital replacement.
"City manager"
means the city manager of the city or the city manager's designee.
"Debt service costs"
means the periodic payment or payments due under any security or financing device which is applicable to the mobile home park including any fees, commissions, or other charges incurred in obtaining such financing.
"Designated representative"
means a person appointed in writing by an owner, a tenant, or a group of tenants and authorized to represent the interests of, negotiate on behalf of, and bind the appointing party.
"Filing"
means actual receipt of the item being filed by the person designated in this chapter to receive the item, or by his or her designee.
"Maintenance and operation costs"
means all expenses, exclusive of costs of debt service, costs of capital improvements, and costs of capital replacement, incurred in the operation and maintenance of the mobile home park, including but not limited to: real estate taxes, business taxes and fees (including fees payable by landlords under this chapter), insurance, sewer service charges, utilities, janitorial services, professional property management fees, pool maintenance, exterior building and ground maintenance, supplies, equipment, refuse removal, and security services or systems.
"Mobile home tenant" or "tenant"
means any person legally occupying a mobile home dwelling unit pursuant to the ownership thereof and a rental or lease agreement with the owner thereof.
"Rent"
means the consideration, including any bonus, benefits or gratuity, demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, including services and amenities, but exclusive of any amounts paid for the use of the mobile home dwelling unit.
"Rent increase"
means any additional rent demanded of or paid by a tenant for a rental space and related amenities, including any reduction or elimination of amenities without a corresponding reduction in the moneys demanded or paid for rent.
"Rental space"
means a space or lot rented in a mobile home park or offered for rent in the city for the purpose of occupancy by a mobile home with all services connected with the use or occupancy thereof.
"Services"
means those facilities which enhance the use of the rental lot or space, including, but not limited to, repairs, replacement, maintenance, painting, heat, hot and cold water, utilities, security devices, laundry facilities and privileges, janitorial service, refuse removal, telephone service, and meeting, recreational, and other facilities in common areas of the mobile home park in which the spaces or lots are located.
(Ord. 1381 § 3(part), 1989; Ord. 1484 §§ 2, 3, 1992)
The provisions of this chapter shall not apply to any mobile home park which contains fewer than ten spaces.
(Ord. 1381 § 3(part), 1989)
A. 
Except as provided in subsection B of this section, any rent increase other than on turnover, proposed to take effect on or after July 1, 1987, shall be subject to this chapter.
B. 
The following rent increases shall be exempt from review under this chapter:
1. 
Any rent increase, including increases as described in subdivisions 2 and 3 of this subsection, taken together with any increase which took effect in the twelve month period immediately preceding the date the increase is proposed to take effect which is equal to or less than the rent charged on the date twelve months prior to the date the increase is to take effect, multiplied by a factor equal to seventy-five percent (75%) of CPI rounded off to the nearest dollar. "CPI" shall mean the percentage change in the consumer price index for California, All Urban Consumers, San Francisco-Oakland-San Jose Areas, as published by Bureau of Labor Statistics, San Francisco, over the most recent twelve-month period for which figures are available through the month before the month preceding the date notice of the rent increase is given. The most recently published CPI figure available at the time the rent increase notice is given shall be used for the calculation. The city will supply to each park owner/representative the published CPI figure to be used in any rent increase. Each park owner/ representative shall post such document in a conspicuous place in the park office or office area, where it can easily be seen by the park tenants.
2. 
Following an in-place sale turnover of a rental space, the park owner may:
a. 
Maintain the rent at its then current rate; or
b. 
Increase the rent to an amount that is not more than ten percent above the average rent for all comparable spaces in the park that are not subject to a lease in excess of twelve months. The amount of such increase shall be established annually and shall be posted at the park office where it can be easily seen by the park tenants not less than sixty days prior to the anniversary date. Such increase shall take effect on the anniversary date and may not be increased until the successive anniversary date. No increase in rent shall be allowed when a mobile home is removed from its space for the purpose of installing another mobile home in its place by the same tenant nor shall any increase be allowed when a surviving spouse inherits an interest in a mobile home. For the purpose of this subsection b, "comparable space" shall mean a mobile home space or lot similar in size to another mobile home space or lot within the mobile home park and an "in-place sale turnover" means the transfer, sale or conveyance of a mobile home that will remain in the same mobile home space after such transfer, sale or conveyance.
The limitations on rent increases imposed by this subsection shall not apply when a mobile home is removed from a space and another tenant occupies that space with another mobile home.
3. 
Rent increases in any mobile home park consistent with a written lease agreement entered into by the owner and the lessees of more than fifty percent of the rental spaces located in the park. The lease agreement shall specify the rent to be charged each space and shall be for a single specified term. The lease agreement must be executed by the owner and the individual lessees of the mobile home spaces. This exemption shall apply during the term of the agreement.
(Ord. 1381 § 3(part), 1989; Ord. 1404 § 1, 1989; Ord. 1484 § 4, 1992; Ord. 1669, Repealed and Replaced, 06/28/2002)
Ninety days prior to any increase in rents, the owner shall provide each tenant with written notice setting the amount of the proposed increase, the then current rent and whether or not in the owner's opinion such increase is exempt from review under the provisions of this chapter. A copy of the notice, together with a detail as to which spaces within the park will be affected, shall be provided to the city manager at the same time.
(Ord. 1381 § 3(part), 1989; Ord. 1669, Amended, 06/28/2002)
A. 
Each park owner/representative shall establish an anniversary date for all space increases, and such yearly increases, if any, except as specified in this section, shall be enacted only on the anniversary date of that park. The increases allowed by the terms of this chapter shall be applied equally on such annual basis to all spaces subject to an increase as provided in this section.
B. 
Any tenant of any park who has become a tenant within the three months preceding the anniversary date for an anticipated rent increase, shall be excluded from such rent increase, as may occur on the anniversary date of the park until such time as three months shall have elapsed, at which time any rent increase imposed against them shall not exceed the amount imposed against all other spaces in the park.
C. 
In calculating the amount of increase allowed, the park owner/representative shall use the average rent per space subject to the terms of this chapter. This figure shall be determined by dividing the number of spaces subject to the terms of this chapter into the total gross rent receipts received from those spaces. The CPI increase shall then be applied to that average space rent, to determine the actual dollar increase.
D. 
The calculations showing the amount of anticipated increase and how the increase was determined shall both be posted in the office or office area where it can easily be seen by the park tenants and a copy forwarded to the city manager's office.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 5, 1992)
Any tenants who will be or have been subjected to a proposed rental or service charge increase, not exempted by the provisions of Section 2.36.030, may, by filing a petition within thirty (30) days of the date of notice, signed by tenants representing more than fifty percent of the spaces subject to the rent increase, with the Vacaville city manager, initiate a rent review hearing process.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 6(part), 1992)
A petition for rent review must be filed with the city manager on the form prescribed by the city. The petition shall include the name(s), address(es), and telephone number(s) of the authorized tenant representative(s). The petition shall contain the following certification: "I certify under penalty of perjury that the foregoing is true and correct." The petition shall be dated and subscribed by the petitioners and the place of execution shall be specified.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 6(part), 1992)
A. 
The filing of a petition for rent review shall be accompanied by a cash deposit in an amount set by resolution of the city council. Upon receipt of the petition and filing fee from the tenants, the city manager shall provide the park owner with a copy of the petition and shall require from the park owner a cash deposit in the same amount. All or part of said cash deposits shall be used to pay for the arbitration services established hereunder. The cost of the arbitration services shall be divided equally between the tenants and the park owner.
B. 
If the park owner fails to remit the cash deposit within ten working days from the date of the city manager's notice, that portion of the requested and noticed rental increase which exceeds the amount exempted under Section 2.36.030 shall not be allowed.
C. 
The filing fees required by this section may be adjusted by city council resolution from time to time to reflect cost increases.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 6(part), 1992)
Upon filing of a timely and completed petition for rent review, that portion of the requested and noticed rental increase (and only that portion) which exceeds the amount exempted under Section 2.36.030 shall not take effect unless and until such time as the arbitrator allows such increase or portion thereof pursuant to the provisions of this chapter. That portion equal to the amount exempted under Section 2.36.030 shall be allowed to take effect as noticed.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 6(part), 1992)
A. 
Upon receipt of a timely and completed request for arbitration, the city manager shall refer the petition to arbitration.
B. 
An arbitrator shall be appointed in the following manner:
Either interested party may submit to the city manager a list of nominees. The nominees shall be experienced professional arbitrators with particular expertise in rental dispute mediation or with experience or training showing the capabilities to deal with the issues found in the rental dispute. The lists of nominees shall include the resumes of each detailing their qualifications. To be eligible for nomination, the arbitrator shall not own an interest in a mobile home park, shall not be a tenant of a mobile home park, and shall not be an employee, officer, member or otherwise affiliated with any group or organization which has or is viewed by a significant number of owners or tenants as having taken advocacy positions in rent control matters. The city manager shall review the lists, conduct such investigation and/or interviews as he or she deems necessary, and consult with both parties in an attempt to select an arbitrator acceptable to both. In the event of disagreement by either or both of the parties, the city manager's selection shall be final.
C. 
The arbitrator shall conduct a hearing with the parties, and/or their designated representatives. During this hearing process, the concerns of each party shall be discussed and the arbitrator shall indicate the amount and nature of further information he or she will need from any party in order to reach a determination. All written information submitted shall be certified in the same manner as set forth in Section 2.36.070. Copies of any information submitted to the arbitrator shall be provided to the other party. Each party shall comply with the arbitrator's request for information within the time specified by the arbitrator. Failure by a party to submit the requested information shall not prevent the arbitrator from proceeding with the hearing.
D. 
If, during the arbitration process, the parties agree to a specific rental increase or to a settlement of the dispute in question, the arbitrator shall prepare a memorandum of agreement so specifying the amount of such increase and/or the terms of settlement. The memorandum of agreement shall be executed by the owner and the tenants or their designated representative(s). The memorandum of agreement shall be final and binding upon the parties and shall not be subject to arbitration or further appeal under this chapter.
(Ord. 1772, Amended 10/24/2006; Ord. 1381 § 3(part), 1989; Ord. 1484 §§ 8(part), 9, 1992)
If a memorandum of agreement is not executed by the parties in accordance with Section 2.36.100(D), the arbitrator shall render his or her decision. In the case of a rent increase dispute, the arbitrator shall determine the amount of allowable rental increase, if any, in accordance with the standards of Section 2.36.050, if applicable, and Section 2.36.130, and the increase, if any, shall be effective as of the date for which it was originally noticed.
(Ord. 1381 § 3(part), 1989; Ord. 1484 §§ 8(part), 11, 1992)
The determination of the arbitrator shall be delivered to the city manager and the parties in writing, together with the written findings of fact supporting such determination within 15 working days of the hearing provided in Section 2.36.100. The failure to deliver the determination within that time period shall not invalidate the determination. The arbitrator's determination may be reasonably conditioned in any manner necessary to effectuate the purpose of this chapter. The determination of the arbitrator shall be final unless a party to the arbitration timely files an action for review by a court of competent jurisdiction as may be permitted by law. Should an action not be timely filed, the determination of the arbitrator shall be final.
(Ord. 1381 § 3(part), 1989; Ord. 1484 §§ 8(part), 12, 1992; Ord. 1795, Amended, 02/26/2008)
Arbitrators shall determine whether rent increases are reasonable under the circumstances, taking into consideration that the purpose of this chapter is to permit owners a fair and reasonable return on their investment, while protecting tenants from arbitrary, capricious or unreasonable rent increases in light of the mobile home housing market conditions in the surrounding areas and appropriate provisions of the city's general plan. The arbitrator's determination shall be made with reference to the following standards:
A. 
Increases Deemed Reasonable. Where the amount of the proposed rental increase consists only of passing through one or more of the following:
1. 
Costs of capital improvements approved by a majority of the occupied spaces within the park;
2. 
Costs of capital replacement in excess of five thousand dollars approved by a majority of the occupied spaces within the park.
Any improvements or replacements regardless of the amount, when such improvements or replacements have been ordered by a court of competent jurisdiction, any city, county or state agency, or are of an emergency nature and required to preserve the health and safety of the tenants.
Costs of capital improvements, if any, must be averaged on a per space basis, and amortized over a period not less than sixty months, and are to be treated as an assessment to be paid off over not less than sixty months, and excluded from the rent amount on which calculations of future rent increases are based.
Costs of capital replacements, if any, must be averaged on a per space basis, and amortized over a period not less than thirty-six months, and are to be treated as an assessment to be paid off over not less than thirty-six months, and excluded from the rent amount on which calculations of future rent increases are based.
Costs of capital improvements or capital replacements may be passed through only if related to capital improvement or capital replacement work completed during the twelve months preceding the date notice of the rent increase is given and not to any work in progress at the time notice of any rent increase is given.
B. 
Standards Applicable to Rent Increases Which Exceed the Foregoing.
1. 
In order to assure to owners a fair and reasonable return, the arbitrator shall, when the amount of any rent increase or portion thereof exceeds any of the foregoing standards under subsection A of this section, determine what is reasonable under the circumstances, taking into account all relevant factors, which may include the following:
a. 
Debt service costs due to refinancing, subject to paragraph (c) (ii) of this subdivision;
b. 
Debt service costs due to sale, subject to paragraph (c) (iii) of this subdivision;
c. 
The rental history of the mobile home park, including:
i. 
The presence or absence of past increases;
ii. 
The frequency of past rent increases and the amounts;
iii. 
The owner's response to any tax-reduction measure;
iv. 
The occupancy rate of the mobile home park in comparison to comparable units in the same general area;
d. 
The physical condition of the mobile home park, including the quantity and quality of maintenance and repairs performed during the last twelve months;
e. 
Any increases or reduction in services during the twelve months prior to the effective date of the proposed rent increase;
f. 
Other financial information which the owner is willing to provide;
g. 
Existing market value of rents for spaces in communities with housing costs comparable to Vacaville;
h. 
Cost to replace the park.
2. 
In the case of a refinancing (other than a refinancing for capital improvements or capital replacement), the debt service costs of which are included as a capital improvement cost under Section 2.36.010(A) and (B), a rent increase to cover the increased costs of debt service shall not be allowed unless not allowing the increase would place a demonstrable financial burden on the continued operation of the mobile home park. If the proposed rent increase for debt service meets this criteria, the mediator or arbitrator may allow all or part of the requested increase, taking into account the following factors:
a. 
The purpose of the refinancing;
b. 
The arms length nature of the transaction;
c. 
The owner's rate of return on the investment;
d. 
The frequency of past resales or refinances;
e. 
The extent to which prior rental increases have made provisions for appreciation of asset value; and
f. 
Any other factors the arbitrator deems relevant.
3. 
In the case of increased costs of debt service due to a sale, a rent increase shall not be allowed if, at the time the property was acquired the owner could reasonably have foreseen such increased expenses would not be covered by the rent schedule then in effect.
4. 
In determining an owner's fair and reasonable return, the arbitrator shall consider all relevant factors, such as the owner's investment in the mobile home park and the owner's net operating income; provided, that the determination may include a review of the replacement cost of the park.
In any determination of what constitutes a reasonable rent increase under the circumstances, the arbitrator shall consider and weigh evidence establishing the nature and extent of any violations by either the owner or tenants of the city building and housing codes. Any rent increase may be disallowed, reduced or made subject to reasonable conditions, depending on the severity of such violations.
(Ord. 1381 § 3 (part), 1989; Ord. 1484 §§ 8(part), 13, 14, 15, 16, 17, 1992)
During the term of operation of this chapter, no owner shall reduce or eliminate any service to any rental space unless a proportionate share of the cost savings, due to such reduction or elimination, is simultaneously passed on to the tenant in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed and permitted by this chapter.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 8(part), 1992)
A. 
If notice required by Section 2.36.040 is not provided, the tenant may withhold the rent increase until such notice is provided.
B. 
In any action for recovery of rent or for unlawful detainer based on nonpayment of rent, the tenant may defend the action on the ground that the amount of rent claimed is in excess of the rent allowed by this chapter.
C. 
Any tenant(s) believing that any of the provisions of this chapter are being violated, shall give written notice of such alleged violation(s) to the park owner/ representative and the park owner/representative shall respond in writing within thirty days, denying such allegations or agreeing to correct such violation(s) within the following thirty days. In the event that the park owner/ representative shall deny any or all of the allegations and refuse to take corrective action within the following thirty days, the tenant(s) shall have the right to have the matter arbitrated pursuant to Sections 2.36.100 through 2.36.120 of this chapter.
D. 
If the tenant(s) elects to have the matter arbitrated, the tenant(s) shall notify the city manager in writing within thirty days from the date of the park owner/representative's response or, if the park owner/ representative fails to respond, within thirty days from the date that such response was due, whichever is earlier. The notice shall specify the alleged violation(s) and shall be certified in the same manner as set forth in Section 2.36.070.
E. 
The tenant(s)' notice shall be accompanied by a cash deposit in an amount set by resolution of the city council. Upon receipt of the notice, the city manager shall provide the park owner with a copy of the notice and shall require from the park owner a cash deposit in the same amount. All or part of said cash deposits shall be used to pay for the arbitration services established hereunder. The filing fee required by this section may be adjusted by city council resolution from time to time to reflect cost increases.
F. 
If the arbitrator determines that the alleged violation(s) are true and rules in favor of the tenant(s), the arbitrator may, in his or her discretion, require the park owner to pay to the tenant(s) all or any portion of the filing fee submitted by the tenant(s) pursuant to subsection E of this section.
G. 
The filing fee required by this section may be adjusted by city council resolution from time to time to reflect cost increases.
H. 
Nothing in this section is intended to limit or preclude any other lawful defense, cause of action or claim of the tenant or park owner in a court of competent jurisdiction.
(Ord. 1381 § 3(part), 1989; Ord. 1484 §§ 8(part), 19, 20, 1992)
A. 
No owner shall in any way retaliate against any tenant for the tenant's assertion or exercise of any right under this chapter. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs. Such retaliation shall also be an available defense in an unlawful detainer action.
B. 
No tenant shall in any way retaliate against any owner for the owner's assertion or exercise of any right under this chapter. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs.
(Ord. 1381 § 3(part), 1989; Ord. 1484 § 8(part), 1992)