VII. Consumer Protection
Chapter 9.80
MOBILEHOME PARK SPACE RENT PROTECTION*
Sections:
Article I. General Provisions
9.80.010 Findings and purpose.
9.80.020 Definitions for Article I.
9.80.030 Mobilehome park rental review board.
9.80.035 Rental increase applications.
9.80.040 Base rent.
9.80.045 Automatic annual rental increases.
9.80.050 Permitted rental increases required to maintain net operating income.
9.80.060 Rebutting base year net operating income fair return presumption.
9.80.065 Pre-approved temporary rental increases for specified capital improvements.
9.80.070 Full and partial vacancy decontrol – Establishment of new base rent.
9.80.080 Fees.
9.80.090 Permissible reasons for terminating or refusing to renew a tenancy.
9.80.100 Refusal of tenant to pay illegal rent.
9.80.120 Remedies.
Article II. Administration Fees
9.80.130 Definitions for Article II.
9.80.140 Registration – Required.
9.80.150 Fees.
9.80.160 Late payment – Fee.
*Prior legislation: Ords. 92-19 and 92-23.
Article I. General Provisions
9.80.010 Findings and purpose.
The city council has recognized and finds that:
A. The state of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between tenants of mobilehome parks and other dwelling units, and the council likewise has recognized that tenants of mobilehome parks, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned. The physical removal and relocation of a mobilehome from a rented or leased space within a mobilehome park can be accomplished only at substantial cost and inconvenience with the concurrent ability to find another location, and, in many instances, the removal requires a separation of the mobilehome unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobilehome. As a result of the absence of vacant spaces and park restrictions on accepting mobilehomes that are not new, it is virtually impossible for mobilehome owners to move their mobilehomes from one park to another park within the city.
B. The city council finds and declares that the existing mobilehome parks in the city are the only lands designated for mobilehome parks by the 1985-2005 Sonoma General Plan and no new sites for mobilehome parks are anticipated; that the average value of a mobilehome ($47,527) is less than 20 percent of the average value of a home in Sonoma, making mobilehomes an important source of affordable housing for the community; that 30 percent of the households below the poverty level in the city are aged 65 and over; that the median age of mobilehome park residents is 76 years; that 54 percent of mobilehome residents are single-person households, most (64 percent) headed by females; and that based on five years of experience in administering a very low-income senior rental development and reviewing the applications of prospective tenants, the incomes of the predominant residents of mobilehomes (i.e., senior citizens) is likely to fall into the very low (50 percent or less of the county median income) category (a gross annual income of $15,350 or less) as determined by the U.S. Government Department of Housing and Urban Development.
C. Studies and hearings have shown that there is presently within the city and surrounding areas a shortage of spaces for the location of mobilehomes, resulting in a low vacancy rate. Space rent increases at the time of sale or other transfer of a mobilehome within a park have been shown to be as great as a 50 percent increase over the pretransfer rent. In some mobilehome parks, rent increases in the past decade have been substantially in excess of the increases in the Consumer Price Index.
D. Rapidly rising and large incremental increases in space rent have resulted in an atypical market depression in the resale value of mobilehomes within the city.
E. Because of the shortage and potential for rapidly rising rates, regulation is necessary to assure that economic hardship to a substantial number of mobilehome park tenants in the city, many of whom are senior citizens on low fixed incomes, does not occur.
F. Pursuant to studies and hearings conducted by the city council and city staff, the city council has determined it necessary and in the public interest to establish a mechanism to assist in the resolution of disputes that may arise from time to time between tenants and management of mobilehome parks regarding the rates charged for the rental or lease of space.
G. Therefore, the city council does accordingly find and declare that it is necessary to establish a means to provide protection to mobilehome park tenants from unreasonable rent increases, while at the same time recognizing the need of mobilehome park management to receive a fair return and to receive rent increases sufficient to cover increased cost of repairs, maintenance, service, insurance, upkeep, and other amenities.
H. The city council further finds and declares that the adoption of this chapter will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of this chapter involves no deviation from the general plan and no change in the present use of any property within the city. (Ord. 98-6 § 1, 1998).
9.80.020 Definitions for Article I.
For the purposes of this article, the following words, terms and phrases shall be defined as follows:
A. "Board" means the mobilehome park rental review board of the city.
B. "Capital improvement" means the installation of new improvements and facilities and the replacement of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs. There are two distinct types of capital improvements: necessary capital improvements and upgrade capital improvements. The city council shall from time to time adopt a resolution establishing criteria to be used to differentiate between capital improvements and ordinary maintenance and/or repairs.
1. Necessary Capital Improvement. A necessary capital improvement shall be a capital improvement required to maintain the common facilities and areas of the park in a decent, safe and sanitary condition or maintain the existing level of park amenities and services.
2. Upgrade Capital Improvement. An upgrade capital improvement is an expenditure for capital improvements to add facilities or increase amenities or services.
C. "Clerk" means the clerk of the city of Sonoma mobilehome space rent stabilization program, who shall be the city manager or his or her designee.
D. "Consumer Price Index" and "CPI" means the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose area published by the U.S. Bureau of Labor Statistics.
E. "Gross income" means the sum of the following:
1. Gross space rents, computed as gross space rental income received from all park spaces at 100 percent occupancy; plus
2. Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered, however, in no event shall the income from submetered gas, electricity or water be included in gross income. The differential between the cost of submetered utilities to the park owner and the cost of such utilities to tenants shall be accounted for and utilized solely for the purpose of the operation, maintenance and repair, including the costs of necessary capital improvements of the submetered utility system or as otherwise permitted by the California Public Utilities Commission. No capital improvement temporary rent increase shall be permitted for the purpose of making capital improvements to the submetered utility system;
3. Reduced by the rental value of spaces vacant throughout the income year up to three percent of the total number of spaces in the park.
F. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 36790 of the Vehicle Code as defined or the definition as amended from time to time in Section 798 of the California Civil Code.
G. "Mobilehome park" means any area of land within the city where five or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
H. "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.
I. "Net operating income" shall mean the gross income less the operating expenses of the park.
1. Operating Expenses.
a. "Operating expenses" means:
i. Real property taxes and assessments;
ii. Utility costs other than those excluded in subsection (I)(1)(b) of this section;
iii. Management expenses including the compensation of administrative personnel, including the value of any mobilehome space offered as part of compensation for such services, reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be the same percentage of gross income in the base year and the current year unless there has been an increase or decrease in management services, in which case the change in allowed expenses shall be proportionate to the change in management services;
iv. Normal repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning, and repair of equipment and facilities;
v. Owner-performed labor in operating or maintaining the park. In addition to the management expenses listed above, where the park owner performs managerial or maintenance services which are uncompensated, the owner may include the reasonable value of said services. The reasonable value of said services shall be determined by the board after presentation of evidence by the parties of the prevailing wage for similar services in the county. No credit for such services shall be authorized unless a park owner documents the hours utilized in performing such services and the nature of the services provided;
vi. Operating supplies, such as janitorial supplies, gardening supplies, and stationery;
vii. Insurance premiums prorated over the life of the policy;
viii. Other taxes, fees and permits.
b. Operating expenses shall not include the following:
i. Debt service expenses;
ii. Depreciation;
iii. Any expense for which the park owner is reimbursed;
iv. Attorneys’ fees and costs incurred in proceedings before the board, or in connection with legal proceedings challenging the decision of the board, or the validity or applicability of this chapter;
v. Capital improvements;
vi. The cost for the resident’s submetered gas, electricity and water.
c. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the board finds any such expense to be unreasonable, the board shall adjust the expense to reflect the normal industry or other comparable standard. If an operating expense:
i. Is not representative; or
ii. In the case of base year expenses, is not a reasonable representation of average expenditures for that item in the years preceding and following the base year; or
iii. In the case of current year expenses, is not a reasonable projection of future expenditures for that item, then said expense shall be averaged with expense levels for other years or amortized or adjusted by the CPI in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses.
J. "Owner" means the owner or operator of a mobilehome 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 such park.
K. "Rehabilitation work" means any renovation or repair work completed on or in a mobilehome 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.
L. "Rent" means the consideration paid for the use or occupancy of a mobilehome space.
M. "Rent stabilization administration fee" means the fee established from time to time by resolution of the city council in accordance with the provisions of Article II of this chapter.
N. "Rental increase" means any increase in rent charged by an owner to a tenant, including but not limited to lease offers, lease renewal offers, and increase in monthly rents.
O. "Tenancy" means the right of a tenant to use or occupy a mobilehome park space.
P. "Tenant" means a person who has a tenancy in a mobilehome park or who has purchased or is in the process of purchasing or otherwise acquiring a mobilehome that will remain at a particular mobilehome park. (Ord. 98-6 § 1, 1998).
9.80.030 Mobilehome park rental review board.
A. There is established in the city a mobilehome park rental review board, whose members shall be known as board members, to administer this chapter as provided in this section.
B. The board shall consist of seven members, each appointed by the city council, to serve at the council’s pleasure. Five members of the board shall be voting members. No voting member of the board shall be a mobilehome park tenant or lessee. The two remaining members shall be nonvoting members who shall serve in an advisory capacity. One nonvoting member shall be nominated by the mobilehome park owners and the other nonvoting member shall be nominated by the mobilehome park residents. The council shall appoint from those nominated the representative who the council determines is most qualified. Residence in the city shall be a prequalification requirement for appointment to the board. Notwithstanding this residence requirement, in the event that the council is unable to appoint qualified individuals who meet the residency requirement, the council may select board members from applicants-at-large, including those residing outside the city.
C. Voting board members shall serve terms of two years. The council may also appoint an alternate member who may vote upon any question in the absence of any regular member.
D. The board shall establish the time of any hearings or meetings held pursuant to this chapter and such hearings or meetings shall be held in the council chambers, or other designated place, as often as the board determines to be necessary to discharge its duties under this chapter.
E. Three voting members shall constitute a quorum for the purpose of conducting a hearing or meeting. Decisions of the board shall be made by a majority vote of the members present.
F. The duties and responsibilities of the board shall include the hearing of rental increase applications and the determination either to approve or disapprove a rental increase in the manner provided for in this chapter. (Ord. 98-6 § 1, 1998).
9.80.035 Rental increase applications.
Whenever in this chapter an owner is required to file an application to seek approval of a rental increase, the application shall be filed, and processed, as follows:
A. An owner may file with the clerk a rental increase application for one or more mobilehome spaces. Rental increases made pursuant to SMC 9.80.050 or 9.80.060 shall not be made more than once in any 12-month period per space. On or following the date on which the owner files a rental increase application with the clerk, the owner may then provide all affected tenants with the 90-day notice of proposed rent increase as provided by the state Mobilehome Residency Law.
B. An application for a rental increase pursuant to this section shall be filed upon a form prescribed by the clerk and shall be accompanied by the payment of a fee which will be determined by the city council from time to time by resolution. Said application shall specify the address of the mobilehome park, the space number or numbers for which rent is requested to be increased, the amount of the requested rental increase for each specific space identified by its space number and the facts supporting the requested increase. The applicant shall produce, at the request of the clerk, any records, receipts, reports, or other documents that the department may deem necessary for the board to make a determination whether to approve a rental increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the clerk.
C. The clerk shall determine within 30 days after receipt of a rental increase application whether said application is complete. If the clerk determines that said application is not complete, it shall notify the applicant in writing as to what additional information is required.
D. Upon receipt of a rental increase application, the clerk shall mail a notice to the affected tenants at the mobilehome spaces designated in the application, informing them of the receipt of such application, the amount of the requested rental increase, a brief summary of the owner’s justification for the request, any supporting documents which may be inspected at the City Hall, the tenant’s right to submit written statements, photographs or other documents relating to the application within 30 days after the date the notice is mailed, and the address where such statements or documents may be mailed or delivered. (Ord. 98-6 § 1, 1998).
9.80.040 Base rent.
Except as provided in this chapter, an owner shall not demand, accept, or retain rent for a mobilehome space exceeding the rent in effect for said space on January 1, 1992. If a previously rented mobilehome space was not rented on January 1, 1992, the owner shall not demand, accept, or retain rent for said space exceeding the rent in effect during the last month the space was rented prior to January 1, 1992. If a mobilehome space is rented for the first time after January 1, 1992, the owner shall not demand, accept, or retain rent for said spaces exceeding the rent first charged for the space. (Ord. 98-6 § 1, 1998).
9.80.045 Automatic annual rental increases.
Once every 12 months, an owner shall be permitted an automatic rental increase for each space in a percentage amount equal to 80 percent of the percent change in the Consumer Price Index (CPI) between the CPI index in effect in the month the increase is calculated and that published 12 months prior, so that if the CPI in effect at the time of the calculation is the December index, the calculation will be based on the current December index and that published in the prior December; in no instance shall the rental increase permitted pursuant to this section result in a rental increase of greater than five percent per 12-month period over that in effect prior to the rental increase permitted pursuant to this section. (Ord. 98-6 § 1, 1998).
9.80.050 Permitted rental increases required to maintain net operating income.
An owner shall be permitted to obtain a rental increase necessary to maintain net operating income pursuant to the following process. It is presumed that the net operating income for the base year provided the owner with a fair and reasonable return; this presumption is subject to rebuttal in accordance with the provisions of SMC 9.80.060.
A. A copy of each rental increase application made pursuant to this section shall be provided to each member of the board after such application is determined to be complete. The board shall hold a hearing on said application within 45 days after such determination is made except as provided in subsection F of this section. Notice of the time, date and place of the hearing shall be mailed to the applicant and the affected tenants at the mobilehome spaces designated in the application at least 10 days prior to the hearing.
B. At the hearing, the applicant and the affected tenants may offer any testimony that is relevant to the requested rental 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 with the department prior to the hearing. Good cause shall include but not be limited to a request to produce such documents or other evidence made by the board at the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection F of this section, within 15 days after the close of the hearing the board shall make its determination, pursuant to the standards established by subsection C of this section, approving or disapproving a rental increase for the mobilehome space or spaces specified in the rental increase application.
C. The board shall approve such rental increase it determines necessary to maintain the net operating income (NOI) of the affected spaces. To determine a rental increase necessary to maintain net operating income, the board shall determine the base year net operating income and the net operating income for the 12-month period ending the month prior to the date of the rental increase application (current NOI). The board shall determine the percentage change in the CPI between the base year and the month prior to the date of the application ("CPI change"); the base year net operating income shall be multiplied by 80 percent of the CPI change; the amount derived from this calculation shall be added to the base year net operating income to arrive at the adjusted base year net operating income. The current NOI shall be subtracted from the adjusted base year net operating income; if the result is a positive number, this amount shall be divided by the number resulting from multiplying the number of spaces in the park times 12, and the resulting amount shall be approved as the monthly rental increase required to maintain net operating income of the park.
D. Notice of the board’s determination shall be mailed to the applicant and all affected tenants at the mobilehome spaces designated in the application.
E. In the event that the board is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by this chapter the board may approve such interim rental increase for the mobilehome space or spaces specified in said application which clearly appears to be warranted when the factors set forth in subsection C of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the department by the affected tenants, and any other facts known to the board. An approved interim rental increase shall expire on either (1) the last day of the month within which the board makes its final determination disapproving a rental increase, or (2) the effective date of a rental increase which is approved by a final determination of the board.
F. The time within which the board may conduct a hearing as provided in subsection A of this section or make its determination as provided in subsection B of this section may be extended by the board for a period of time not to exceed 30 days if the board approves an interim rental increase pursuant to subsection E of this section.
G. The decision of the board rendered in accordance with this section shall be final and binding upon the owner and all affected tenants. The decision of the board shall be subject to the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 98-6 § 1, 1998).
9.80.060 Rebutting base year net operating income fair return presumption.
An owner shall be permitted to make an application to rebut the presumption that the base year net operating income provided the owner with a fair return on investment and the board may approve an increase in the base year rent if it is able to make the findings in either subsection A or B of this section:
A. The owner’s operating expenses during the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The board shall consider the following factors in making this finding:
1. Extraordinary amounts were expended for necessary maintenance and repair;
2. Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;
3. Other expenses were unreasonably high or low notwithstanding the application of prudent business practices.
B. The gross income during the base year was disproportionately low. In such instances, adjustments may be made in calculating gross income so that the base year gross income reflects the average gross income for substantially similar properties. The board shall consider the following factors in making this finding:
1. The gross income during the base year was lower than it might have been because some tenants were charged substantially lower rent than similarly situated spaces within the city and the neighboring communities, so long as the board takes into consideration the comparable facilities, services, amenities, and quality of the park whose space rents are being compared to those of the subject park;
2. The gross income during the base year was significantly lower than normal for other demonstrable reasons beyond the reasonable control of the park owner or due to other peculiar or exceptional circumstances.
C. Notwithstanding any other provision of this chapter the board shall have the authority to grant an increase necessary to meet constitutional fair return requirements.
D. For any space for which the maximum rent allowed for that space pursuant to this chapter is less than $300.00 per month, the annual calculation set forth in SMC 9.80.045 shall be made as if the rent in effect at the time of the calculation is $300.00 (the calculation base), so that if the rent in effect for a space is $250.00 per month, and the change in CPI for the year is two percent, the rent for that space may be increased under SMC 9.80.045 by $4.80 per month rather than $4.00 per month.
E. In evaluating the park owner’s request for an increase, the board shall have the right to determine the weight to give the information provided by the park owner, taking into account the failure of the park owner to voluntarily provide the board accounting and other business documentation available to the park owner, which would corroborate his or her representations to the board. (Ord. 98-6 § 1, 1998).
9.80.065 Pre-approved temporary rental increases for specified capital improvements.
A. An owner shall be permitted to obtain a temporary rental increase to obtain reimbursement for specified capital improvements pursuant to the provisions of this section.
B. The city council shall from time to time adopt an amortization schedule for typical capital improvements subject to the provisions of this section.
C. Prior to making a necessary capital improvement described in the adopted amortization schedule or a necessary capital improvement reasonably similar to the types of improvements described in the adopted amortization schedule, the park owner shall be permitted to seek approval of a temporary rental increase to reimburse the owner for the cost of the capital improvement. The clerk shall provide notice of the application to all affected tenants. The notice shall indicate the proposed capital improvement, the amortization schedule including interest for the capital improvement, and the resulting temporary rental increase proposed. Within 15 calendar days following the mailing date of such notice the clerk shall approve the proposed temporary rental increase; provided, that each of the following findings can be made:
1. That the capital improvement is warranted;
2. That the amortization period is consistent with the amortization schedule;
3. That the interest to be charged is comparable to interest that would be charged on a commercially available loan; and
4. That the rental increase has been fairly and evenly distributed to all affected tenants.
If the clerk makes a contrary determination, he or she shall deny the application, or approve it with conditions required to make the rental increase consistent with the provisions of this section. In the event that 50 percent plus one of the affected tenants receiving notice of the temporary rental increase protest the application in writing to the clerk within the 15-day notice period, the clerk shall schedule a public meeting of the board where all affected tenants may respond to the proposed capital improvement. At said meeting, it shall be the responsibility of the protestors to provide reasonable, quantifiable evidence as to why the temporary rental increase should not be approved or conditionally approved by the clerk pursuant to findings 1 through 4 of this subsection C. No such rental increase shall become effective until the first full month following the filing of a notice of completion of the capital improvement with the clerk. Any rental increase approved pursuant to the provisions of this section shall be itemized separately on any rental statement or billing provided to the affected tenant and shall terminate upon the conclusion of the approved amortization period.
D. A park owner shall be entitled to seek a temporary rent increase in order to make an upgrade capital improvement only if the park owner has:
1. Consulted with the park residents prior to initiating construction of the improvements regarding the nature and purpose of the improvements and the estimated cost of the improvements;
2. Obtained the prior written consent of at least one adult resident from each space of a majority of the mobilehome spaces to include the upgrade as a capital improvement eligible for amortization as a temporary rental increase. (That is, if the park has 50 spaces, the approval of one adult resident from each of 26 separate spaces would be required.) Evidence of such consent must be presented at the time of filing the application.
E. An increase in rent or a portion of an increase in rent granted by the board pursuant to this section as a result of the costs of capital improvements to the mobilehome park shall 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. In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster, or other event for which the park owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as capital improvements.
F. Nothing in this section shall prevent the park owner from making emergency capital improvements required as a result of a disaster or other unpredictable event; in such event, the park owner may make such limited and reasonable capital improvements required to protect the public health and safety and to limit further damage to the park, and to seek a capital improvement rental adjustment for such capital improvement pursuant to the provisions of this section. (Ord. 98-6 § 1, 1998).
9.80.070 Full and partial vacancy decontrol – Establishment of new base rent.
A. A mobilehome park owner shall be permitted to charge a new base rent for a mobilehome space whenever a coach-in-place sale or lawful space vacancy occurs.
B. For purposes of this chapter, a lawful space vacancy is defined as follows:
1. A vacancy occurring because of the termination of the tenancy of the affected mobilehome tenant in accordance with the Mobilehome Residency Law, California Civil Code Sections 798.55 through 798.60, as amended, excepting Section 798.59; or
2. A vacancy of the mobilehome space arising from the voluntary removal of a mobilehome from the mobilehome space by the affected mobilehome tenant. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shall not constitute a voluntary removal of the mobilehome.
C. For purposes of this chapter, a coach-in-place sale occurs when a mobilehome space occupancy changes as a result of the voluntary sale of the mobilehome and the voluntary termination of the mobilehome tenancy by the seller of the mobilehome.
D. When a new base rent is established following the vacancy of a mobilehome space pursuant to this section, the park owner shall give written notice to the new affected mobilehome tenant of the 12-month anniversary date for rental increases allowed in this section, and shall give written notice to such affected tenant that the space rent may be subject to stabilized rent increases pursuant to the provisions of this chapter.
E. No rental increase made pursuant to this section resulting from a coach-in-place sale shall be greater than 10 percent of the rent in effect prior to the increase unless the resulting rent is less than $350.00 per month, in which case the rent may be increased to $350.00 per month except that if the monthly rent in effect prior to vacancy is less than $300.00, the maximum increase in rent shall be $50.00 per month. No more than one rental increase per space shall be made under this section in any 12-month period. The $350.00 minimum rent established in this section shall be adjusted annually on the anniversary date of the effective date of the ordinance codified in this chapter which change shall equal a percentage equal to 80 percent of the change in the CPI between the date of the prior change in the minimum rent (or the effective date of the ordinance codified in this chapter as the case may be) and the date of the annual adjustment. (Ord. 98-6 § 1, 1998).
9.80.080 Fees.
A. The costs of administration of this chapter shall be borne by the city, subject to reimbursement of the city’s general fund by imposition of a rent stabilization administration fee chargeable against each mobilehome space in the city. The park owner who pays these fees may not pass through any of the fees assessed against a mobilehome space to the tenants.
B. The fees imposed by this section shall be paid annually. The time and manner of payment, delinquency status, and assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided by separate ordinance of the city council. The clerk shall recommend to the city from time to time the amount of such fee and the city council shall adopt such fee by resolution. (Ord. 98-6 § 1, 1998).
9.80.090 Permissible reasons for terminating or refusing to renew a tenancy.
A tenancy which is not subject to the provisions of the Mobilehome Residency Law shall not be terminated nor shall its renewal be refused, except for one or more of the following reasons:
A. Failure of the tenant to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the tenant receives a notice of noncompliance from the appropriate governmental agency;
B. Conduct by the tenant, upon the mobilehome park premises, which constitutes a substantial annoyance to other tenants;
C. Failure of the tenant to comply with a reasonable rule or regulation of the mobilehome park. No act or omission of the tenant shall constitute such failure to comply unless and until the owner has given the tenant written notice of the alleged rule or regulation violation and the tenant has failed to adhere to the rule or regulation within seven days;
D. Nonpayment of rent, utility charges, or reasonable incidental service charges;
E. Condemnation of the mobilehome park;
F. Change of use of the mobilehome park; provided, that the provisions of subsection (f) of Section 798.56 of the California Civil Code are followed:
1. The owner gives the tenant written notice of the proposed change 12 months or more before the date of the proposed change,
2. The owner gives each proposed tenant whose tenancy will commence within 12 months of the proposed change written notice thereof prior to the inception of that person’s tenancy. Notice of termination or refusal to renew must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure or at least 60 days prior to the termination date of the tenancy. Said notice shall state the date the tenancy terminates, the reason for the termination or refusal to renew, and the specific facts upon which the owner is relying. (Ord. 98-6 § 1, 1998).
9.80.100 Refusal of tenant to pay illegal rent.
A tenant may refuse to pay any rent in excess of the maximum rent permitted by this chapter. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the illegal rent. (Ord. 98-6 § 1, 1998).
9.80.120 Remedies.
Any person who demands, accepts or retains any payment or 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 be lawfully demanded, accepted or retained together with reasonable attorney’s fees and costs as determined by the court. (Ord. 98-6 § 1, 1998).
Article II. Administration Fees
9.80.130 Definitions for Article II.
A. As used in this article, "owner" and "owner of a mobilehome park" mean any owner, lessor or sublessor of a mobilehome park in the city who receives or is entitled to receive rents for the use or occupancy of any mobilehome space thereof, and the representative, agent or successor of such owner, lessor or sublessor, and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits or deductions because of such ownership.
B. As used in this article, "mobilehome park," "mobilehome," and "mobilehome space" shall have the same meanings as set forth in SMC 9.80.020. (Ord. 98-6 § 1, 1998).
9.80.140 Registration – Required.
On or before May 31st of each year, each owner of a mobilehome park, as defined in SMC 9.80.130, in the city, as long as the city council may so authorize and/or allow, shall register with the city clerk of the city by providing, in writing, the name and address of each such mobilehome owner, and a statement of the number of mobilehome spaces including both occupied and unoccupied spaces and spaces subject to lease agreements, as described under Civil Code Section 798.17, contained in each such park, and a statement of the number of recreational vehicle spaces in the park. Reregistration and provision of this information must also be made upon change of ownership of the mobilehome park or an increase or a decrease in the number of spaces. (Ord. 98-6 § 1, 1998).
9.80.150 Fees.
A. On or before June 30th of each year, each owner of a mobilehome park, as defined in SMC 9.80.130, shall pay to the city clerk of the city a mobilehome park rent stabilization program administration fee in the sum of $24.00 per year for each "mobilehome space" as defined in SMC 9.80.020, including both occupied and unoccupied mobilehome spaces not subject to a rental agreement in full compliance with the requirements of Civil Code Section 798.17(a) and (b).
B. The city clerk of the city shall forward these funds to the city’s community development department to administer the mobilehome park rent stabilization ordinance enacted in Article I of this chapter. Further, the city clerk of the city shall issue to each mobilehome park owner a receipt for payment of the fees required to be paid in this article.
C. Any person owing money to the city under the provisions of this article shall be liable to an action brought in the name of the city for the recovery of such amount. (Ord. 98-6 § 1, 1998).
9.80.160 Late payment – Fee.
A service fee equal to one and one-half percent per month will be charged on all late payments of registration fees under this article. (Ord. 98-6 § 1, 1998).