HomeMy WebLinkAboutMC-802U
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MC-802
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050
RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT
STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Subsection D of Section 8.90.040 of the San
7 Bernardino Municipal code is hereby amended to read as follows:
8 "D. ' Tenant' means any person entitled to
9 or proposing to occupy sllch mobile home
10 unit or space pursuant to an oral or
11 written lease with the owner thereof, or
12 pursuant to some other rental agreement
13 with the owner, lessor, operator or manager
14 thereof. "
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SECTION 2.
Subsection E of Section 8.90.050 of the San
16 Bernardino Municipal Code is hereby renumbered as Subsection F.
17 SECTION 3. Subsection E is hereby added to Section 8.90.050
18 of the San Bernardino Municipal Code to read as follows:
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"E. Before any rental agreement or lease agreement in
excess of 12 months is executed by an existing or
prospective tenant the landlord must (1) offer the
tenant the option of a rental agreement for a term of
12 months or less, (2) provide the tenant with a copy
of the Mobile Home Park Rent Stabilization Ordinance,
and (3) inform the tenant both orally and in writing
that if the tenant signs a lease agreement or rental
agreement with a term in excess of 12 months, the lease
agreement or rental agreement may not be subject to the
DABjsesjMobiHom3.ord
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July 3, 1991
MC-802
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terms and protections of the Mobile Home Park Rent
Stabilization Ordinance."
SECTION 4. URGENCY. The Mayor and Common Council do hereby
find that pursuant to an unintended provision in SB 2009 (Chapter
1046 of the Statutes of 1990), some mobile home park owners were
requiring that prospective tenants execute long term leases in
order to move into the parks, thus taking such spaces out of the
protection of the City I s Mobile Home Park Rent Stabilization
Ordinance (San Bernardino Municipal Code Chapter 8.90), and
severely limiting the housing options available to these
prospective tenants. By the passage of SB 132 (Chapter 24 of the
Statutes of 1991) the legislature eliminated this unintended
provision and allowed local jurisdictions to extend the protection
of their Mobile Home Rent Control Ordinances to these prospective
tenants as well. The Mayor and Common Council do hereby find that
it is in the best interests of the citizens of the City of San
Bernardino to assist those who are seeking housing in mobile home
parks to have every option available under the law. The Mayor and
Common Council do further find that many such tenants and
prospective tenants are elderly andlor on fixed means and need the
opportunity to protect their incomes. In order to protect the
public health, safety and welfare it is necessary that this
ordinance take effect immediately to insure that prospective
mobile home park tenants are not unnecessarily required to sign
long term leases without the full benefit of choice that the law
allows.
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DAB/ses/MobiHom3.ord
July 3, 1991
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.
MC-802
, .
1 AN ORDINANCE. . . RELATING TO LONG TERM LEASES UNDER THE MOBILE
HOME PARK RENT STABILIZATION ORDINANCE.
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I HEREBY CERTIFY that the foregoing ordinance was duly
Bernardino at a
regular
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the 15th
July
day of
1991, by the following vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
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x
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()~ ~~
cii'y-'<.flerk
July
The foregoing ordinance is he~eby appro~
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of
, 1991.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
DAB/ses/MobiHom3.ord
this
16th day
/I..
/%
, w. R. HCYlcomb,/~ayor
City of San Bernardino
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July 3, 1991