Chapter 2.72
MOBILE HOME RENT REVIEW COMMISSION

Sections:

2.72.010    Findings.

2.72.020    Definitions.

2.72.030    Establishment – Membership – Compensation.

2.72.040    Powers and duties.

2.72.050    Initiation of review and hearing process.

2.72.010 Findings.

There is presently within the city and the surrounding areas a shortage of spaces for the location of mobile homes. Because of the shortage, there is a low vacancy rate, and rents have been for several years, and are presently, rising rapidly and causing concern among a substantial number of Benicia residents. Because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative homesites for mobile home residents and the substantial investment of mobile homeowners in such homes, the city council finds and declares it necessary to protect the owners and occupiers of mobile homes from unreasonable rent increases while, at the same time, recognizing the need of the park owners to receive a “fair return” on their investment and rental increases sufficient to cover the increased cost of repairs, maintenance, insurance, upkeep and additional amenities. (Ord. 08-05 § 1; Ord. 78-17 N.S. § 1, 1978. Formerly 2.44.010).

2.72.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows:

A. “Board” means the mobile home rent review commission board established by BMC 2.72.030.

B. “Commissioners” means commissioners of the mobile home rent review commission.

C. “Mobile home park owner” or “owner” means the owner, lessor, operator or manager of a mobile home park within the purview of this chapter.

D. “Mobile home tenant” or “tenant” means any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease arrangement with the owner thereof and living within a mobile home park.

E. “Space 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, or for the transfer of a lease for park space, services and amenities, subletting and security deposits, but exclusive of any amounts paid for the use of the mobile home dwelling unit. (Ord. 08-05 § 1; Ord. 78-17 N.S. § 2, 1978. Formerly 2.44.020).

2.72.030 Establishment – Membership – Compensation.

A. There is created within the city a rent review commission, consisting of five members.

1. Two members shall be mobile home park tenants and shall be selected by the mayor from a list of no more than five applicants supplied through the mobile home tenants association.

2. Two members shall be mobile home park owners, operators, or managers and shall be selected by the mayor from a list of no more than five applicants supplied through the mobile home park owners and operators association.

3. The fifth member shall be nominated by the American Arbitration Association as an independent fifth party.

B. Commissioners shall not be compensated for their services on the commission but shall be entitled to receive the sum of $30.00 per person per hearing and a maximum of $60.00 per day when hearing complaints from the tenants of a park with respect to a rent adjustment by the park ownership as hereinafter provided. (Ord. 08-05 § 1; Ord. 04-3 § 1; Ord. 78-17 N.S. § 3, 1978. Formerly 2.44.030).

2.72.040 Powers and duties.

Within the limitations provided by law, the commission shall have the following powers:

A. To meet from time to time as requested by the city manager or upon the filing of a petition, and to utilize city offices and/or facilities as needed;

B. To receive, investigate, hold hearings on, and pass judgment upon the petitions of mobile home tenants as set forth in this chapter;

C. To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out their duties;

D. To adjust maximum rents either upward or downward upon completion of their hearings and investigations;

E. To render at least semiannually a comprehensive written report to the city council concerning their activities, rulings, actions, results or hearings and all other matters pertinent to this chapter which may be of interest to the council;

F. To adopt, promulgate, and amend and rescind administrative rules to effectuate the purposes and policies of the chapter;

G. To maintain and keep at City Hall rent review hearing files and dockets listing the time, date and place of hearings, the parties involved, the addresses involved and the final disposition of the petition. (Ord. 08-05 § 1; Ord. 78-17 N.S. § 4, 1978. Formerly 2.44.040).

2.72.050 Initiation of review and hearing process.

A. Upon the written petition of more than 50 percent of the tenants of any mobile home park who will be or have been within a 90-day period subject to a rental or service charge increase, or upon the written petition of a mobile home park owner who seeks commission approval of a rental increase no sooner than 10 days and no later than 30 days at a place and time to be set by the commission, to determine whether or not the rental or service charge increase is so great as to be unconscionable or an unreasonable increase. A reasonable continuance may be granted if stipulated to by both parties or at the commission’s discretion.

B. The cost of reviewing and hearing a petition shall not exceed $2,000. This cost shall be borne by the mobile home park owner in question who shall pay $450.00 at the time the petition is filed and additional sums from time to time as requested by the commission up to said maximum.

C. Upon receipt of the petition, the commission shall notify the park owner, operator and manager and the tenants of the mobile home park in writing of the petition and the date, time and place of the hearing.

D. All rent review hearings shall be open to the public.

E. All parties to a hearing may have assistance in presenting evidence, or in setting forth by argument their position, from an attorney or such other person as may be designated by said parties.

F. In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, the commission may hear and review such evidence as may be presented and make such decisions just as if both parties had been present.

G. The commission shall make a final decision no later than 10 days after the conclusion of its hearing on any petition. No rent adjustment shall be granted unless supported by the preponderance of evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the board’s decision and a copy of the findings upon which the decision is based.

H. Pursuant to the findings, the commission shall require the mobile home park owner to:

1. Reduce the rental or service charges to a rate to be determined by the commission;

2. Continue the rental or service charges as they existed under the former lease or rental arrangement; or

3. Increase the rental or service charges to a rate set by the commission or to the rate requested by the park owner.

I. Any rental or service charge increases which have been collected by a mobile home park owner pursuant to an increase which is the subject of a petition for hearing and which is later determined by the commission to have been excessive shall be either returned to the tenants or credited to future rental charges.

J. In evaluating the rent increase proposed or effected by the park owner, the commission shall consider increased costs to the owner attributable to increases in utility rates and property taxes, insurance, advertising, governmental assessments, cost of living increases attributable to incidental services, normal repair and maintenance, capital improvements, upgrading and addition of amenities or services as well as fair rate of return on investment and increased property values.

K. The conclusions and findings of the commission shall be final and there shall be no appeal rights to the city council. (Ord. 08-05 § 1; Ord. 78-17 N.S. § 5, 1978. Formerly 2.44.050).