HomeMy WebLinkAboutS02-Economic Development Agency
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~ITY OF SAN BERN.bINO - REQUEST '-R COUNCIL ACTION
F.: Gerald Butler, Director Subject: Ordinance of the City of San Bernardino
amending Chapter 8.90 of the San Bernardino
Dept: Mobile Home Rent Board Municipal Code relating to Moible Home Rent
stabilization.
Date: February 13, 1991
Synopsis of Previous Council action:
NONE
Recommended motion:
~ Waive further reading of ordinance and layover for final adoption.
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Signa ure
Contact person:
Gerald Butler
Phone:
ext. 5157
Supporting data attached:
YES
Ward:
ALL
FUNDING REQUIREMENTS:
Amount:
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Source: (Acct. No.)
(Acct. Description)
Finance:
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Council Notes:
75-0262
Agenda I tem No
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S T A F F R E P 0 R T
Councilman Jess Flores in an attempt to meet the expressed
needs of his constituents appeared in front of the Mobile
Home Rent Board at their meeting on January 8, 1991. He
requested that the Board review the memorandum that he had
submitted to the City Attorney requesting a change in city
Ordinance 8.90.050 Section B. namely "Subject to the
provisions of Civil Code section 798.17, if the Mobile Home
is sold and is to remain on site, the landlord may increase
the rental rate to the new tenant by up to 10% of the current
allowable rent."
The Rent Board at their January 8, 1991 meeting accepted
Councilman Flores request and after a lengthy discussion
tabled the Vacancy Control Item to the next meeting, with the
understanding that there would be meetings prior to the next
Board Meeting to attempt to obtain the input of all concerned
parties.
The Mobile Home Rent Board in their meeting of February 12,
1991 after lengthy deliberation and input approved by a vote
of three to one (with the Chairman abstaining for the reason
that his vote was not necessary to recommend for
consideration and adoption by the Mayor and Common Council)
the ordinance change as submitted by the City Attorney's
office.
The Mobile Home Rent Board also requests a change in the
ordinance as found in section 8.90.060 of the San Bernardino
Municipal Code. This change is recommended so that the
ordinance will be consistent with new state law that took
effect January 1, 1991.
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME
3 RENT STABILIZATION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Subsection L of Section 8.90.040 of the San
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Bernardino Municipal Code is hereby amended to read as follows:
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"L. 'Space Rent' means the considerat:ion, including any
bonuses, benef:its, or gratuit:ies demanded or rece:ived for
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and in connection w:ith the use or occupancy of a mob:ile
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home space within a mobile home park, or for housing
serv:ices prov:ided and security deposits, but exclusive of
any amounts paid for the use of the mob:ile home as a
dwelling unit. The use or occupancy of a mobile home space
shall include the exercise of all rights and priv:ileges and
the use of facilit:ies, services and amen:it:ies accru:ing to
the residents thereof.
'Space Rent' shall not include any
separately billed ut:il:ity fees and charges for natural gas
or liquid propane gas, electricity, water, cable
television, garbage or refuse service, and sewer service."
SECTION 2.
Subsect:ion B of Section 8.90.050 of the San
Bernardino Municipal Code is hereby amended to read as follows:
"B. Vacancies.
1. If the mobile home space is VOluntarily vacated
by the tenant other than by sale of the mobile
home, or vacated pursuant to Californ:ia Civ:il
Code Section 798.56, the landlord may increase
the rental rate to any amount as provided :in
DAB/ses/Mobihom2.ord
February 13, 1991
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Subsection A of this Section 8.90.050.
Subject to the provisions of Civil Code Section
798.17, if the mobile home is sold and is to
remain on site, the landlord may increase the
rental rate to the new tenant by up to 10% of the
current allowable rent.
Upon the re-renting of a rental unit which has
not been voluntarily vacated by the previous
tenant, the base rent and the base rent month
shall remain unchanged, and the maximum rent
which may be charged shall be the same as if the
vacancy had not occurred.
A vacancy is voluntary if the tenant voluntarily
and without coercion by the landlord vacates the
rental unit or, if the tenant dies and there is
no surviving cohabitant.
All other vacancies are involuntary.
When a
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rental unit which has been involuntarily vacated
is re-rented, the landlord shall, not more than
ten (10) days after such re-renting, give notice
to the new tenant of the base rent and the base
rent date of the previous tenant and that said
base rent and base rent date are applicable to
the new tenant."
Section 8.90.060 of the San Bernardino
26 Municipal Code is hereby amended to read as follows:
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SECTION 3.
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DABjsesjMobihom2.ord
February 13, 1991
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"B. If a mobile home park provides in the rent, without
separate charge, utilities or similar services (including,
but not limited to, natural gas, electricity, water, sewer,
trash, and cable television) and converts to separate
charge for such service by separate metering, separate
charge or other lawful means of transferring to the tenant
the obligation for payment for such services, the cost
savings shall be passed through to tenants by a rent
reduction equal to the actual cost to the park of such
transferred utility or similar service (less common area
usage) based on costs for the twelve (12) month period
prior to notice to the tenants of the change.
Provided
compliance with this section occurs, provisions for
mediation and/or hearing shall not apply. It is the intent
of this Section for those rental agreements entered into on
or after January 1, 1991, to be consistent with the
provisions of Civil Code Section 798.41 as adopted by
Chapter 1013, Section 2 of the Statutes of 1990."
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DAB/ses/Mobihom2.ord
February 13, 1991
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME
RENT STABILIZATION.
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1991, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
8
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
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BY:~J
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DAB/SeS/Mobihom2.ord
February 13, 1991
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HART, KING & COLDREN
A PROFESSIONAL LAW CORPORATION
200 E. SANDPOINTE. FOURTH FLOOR
P. O. BOX 2507
SANfA ANA. CALIFORNIA 92707.0507
TEL: (714) 432-8700 FAX: (714) 546-7457
MlCHAELJ. SCHROEDER. p.e.-
OF COUNSEL
ROBERT S. COLDREN
GARY IL KING
WILLIAM R. HART
GREGORY B. BEAM
CANDICE L CAMPBEU.
LAWRENCE W. HORWlI"Z
JOHN H. PEN1'ECOBJ'
C. WILUAM DAHLIN
LORI A. OONAHUE
GREGORY Eo GRANTHAM
1lIOMAS R. MARVIN
JANICE L. MERRnL
IlOBERT P. FOX
JAMES M. TJlUSH
RACHEUE E. MENAKER
SAM M. M1JKIEI..lA.
MARK v. ASDQURIAN
MARK A. WUEBBEN
BARBARA J. OmBLE
STEVEN K. UNKON
-(AlIoJD::lDbcru.-iiBat)
February 15, 1991
Honorable Mayor
Members of the City Council
of the City of San Bernardino
Re: Mobilehome Park Rent Control
Ladies and Gentlemen:
This office represents the San Bernardino Mobilehome Park
Owner's Association. This Association is comprised of a number of
owners of mobilehome parks located in the city of San Bernardino.
It is our understanding that the Mobilehome Park Rent Review
Board has recently submitted to the city Council, a recommendation
first proposed by councilman Flores concerning vacancy control.
In summary, the Rent Review Board is requesting that the City
Council adopt a ten (10%) percent vacancy control provision. This
provision would limit the rent increases upon "turnover" to ten
(10%) percent.
Attached is the following documentation:
1. section 3C of the Yucaipa Rent Control Ordinance;
2. Section 1.03B of the Colton Rent Control Ordinance;
3. section 5.48.120 of the Redlands Rent control Ordinance;
4. Section 8.1 of the El Monte Rent Control Ordinance;
5. Documentation concerning a recent settlement with the
City of Montclair.
As you should note, each of the provisions set forth above
provides for full vacancy decontrol.
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February 15, 1991
Page 2
For example, my firm was actively involved in the drafting of
the Colton Rent Control Ordinance. Initially, this Ordinance
provided for a form of vacancy control similar to that currently
being proposed in the City of San Bernardino. We brought the case
of Hall v. the citv of Santa Barbara to the attention of the city
Council of the City of Colton. In summary, the Hall case provides
that full vacancy decontrol is legally required. It is my
understanding that based upon our presentation regarding this case,
the city of Colton revised the Ordinance to reflect full vacancy
decontrol.
Also attached is a recent addendum to the Montclair Rent
Control Ordinance. As you may be aware, my firm has been involved
in litigation involving hundreds of thousands of dollars in
attorney's fees regarding the issue of vacancy decontrol. As a
result of this litigation, our clients have settled with the city
of Montclair and agreed to the attached language.
I suggest that you consider this matter with various city
attorneys in the area. Hopefully, you will come to the conclusion
which the cities set forth above has come to: vacancy decontrol is
required by applicable California law.
Very truly yours,
HART, KING & COLDREN
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Lawrence W. Horwitz
LWH:ca
Enclosures
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YUCAIPA AMENDING THE MUNICIPAL CODE AND
ADDING CHAPTER ____ PERTAINING TO THE
STABILIZATION OF RENTS FOR SPACES IN
MOBILEHOME pARKS TO THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Purpose and Findinas.
A. findinas. co~plaints concerning excessive rents
by tenants of mobi1ehome parks led the city council to conduct a
study of the situation in the mobilehome parks in the city. As a
result of that study, staff investigation and testimony at public
hearings held by the City, the city found an extremely low
vacancy rate and a pattern of excessive rent increases beginning
as early as 1983, when rent control was first sought fro~ the
county Board of supervisors for the Yucaipa area. Excessive rent
was an issue in the 1986 incorporation campaign, which resulted
in the filing of a petition with the Local Agency Formation
cOllllllission ("LAFCO") on December 18, 1986 and again in the 1989
incorporation petition filed with LAFCO on March 2, 1989, which
resulted in the incorporation of the city on November 27, 1989.
The 43 mobilehome parks in the City contain approximatelY
spaces and provide approximately % of the dwelling units
in the City. Mobileho~e owners, unlike apartment tenants or
residents of other rental stock, are in the unique position of
having made a substantial investment to purchase a mobilehome for
which they must rent a space in a mobilehome park. They have
also made investments in maintaining and improving those homes,
as well as landscaping and exterior improvements to the mobile-
homes and the rental spaces on which they are located. Alterna-
tive sites for the relocation of mobilehomes are difficult to
find due to the shortage of vacant spaces, the restrictions on
the age, size, or style of mobilehomes permitted in many parkS,
and requirements related to the installation of mobilehomes,
including permits, landscaping and site preparation. Addition-
ally, the cost of moving a mobilehome is substantial and the risk
of damage in moving is significant. ThUS, moving a mobilehome is
not a feasible option if rent becomes excessive. The result of
these conditions is the creation of a captive market of mObi1e-
home owners and tenants. Their immobility and the shortage of
spaces, in turn, creates an imbalance in the bargaining relation-
ship between park owners and mobilehome park tenants. Because
mobilehomes are often owned by senior citizens, persons on fixed
incomes, and persons of low and moderate income, excessive rent
increases fall upon these individualS with particular harshness.
901205 I... 0500276 (7)
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H. Rent shall
occupancy of a mobilehome
housing services.
I. Rent Administrator shall mean the person desig-
nated by the city Administrator to administer the provisions of
this Ordinance.
mean the consideration paid for use or
space and the provision of related
J. Residency shall mean the right or entitlement of a
mobilehome owner to use, occupy and place a mobilehome on a ren-
tal space in a mobilehome park and to related housing services.
K. Resident shall mean an owner of a mObilehome whO
has a residency.
L. prospective Resident shall mean a prospective pur-
chaser of a mobilehome in a mObilehome park who has applied for
park residency.
M. Vacancy shall mean the existence of a space on
which no mobilehome is located or a transfer of ownership of a
mobilehome which remains in a park, provided however that
transfer of ownership shall not include transfers to a spouse,
parent, child, trustee, conservator, heir, joint tenant or
personal representative of a homeowner's estate who gains
ownership of a mobilehome through the death of a homeowner.
section 3. Exemotions. The rent regulation provisions
in sections 4, 7, 8 and 9 of this Ordinance shall not apply to:
A. Newly constructed mobilehome spaces first held out
for rent on or after January 1, 1990.
B. Any space while that space is subject to a lease
which exempts that space from rent regulation pursuant to the
california Mobilehome Residency Law, civil code section 79B, gt
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c. The rent first charged for a space upon a vacancy,
provided that the rent thereafter charged for that space shall be
subject to the rent regulations of this ordinance.
A. The base rent for each space shall be the rent in
effect on J~riuary 1, 1989 plus any increases imposed between that
date and the effective date of this Ordinance which do not exceed
66.67% of the increase in the Cpr between that date and the
effective date of this ordinance. .
section 4. Maximum permitted Rent.
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901205 \em 0500276 (7)
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tained in this chapter of this code excepting
Se . ns 5.44.100 and 5.44.110. (Prior c ~
2347.
Chapter 5.48
RENT STABILIZATION FOR
MOBILEHOME PARKS
\
Sections:
5.48.010
5.48.020
5.48.030
5.48.040
5.48.050
5.48.060
5.48.070
5.48.080
5.48.090
5.48.100
5.48.110
5.48.120
5.48.130
5.48.140
5.48.160
Purpose and intent.
Definitions.
Exemptions.
Mobilehome Rent Review
Board-Establishment.
Mobilehome Rent Review
Board-Powers and duties.
Legality of space rent increases.
Determination of base rent and
formula rent adjustment.
Application for discretionary
rent increase.
Arbitration.
Mediation.
Application for discretionary
rent decrease.
Vacancies and subleases.
Retaliatory eviction.
Repeal or amendment.
Council review of chapter
provisions.
RedIands
MUetF,:t>~t;; ~;o~~ ," ~, : . "
_.=""~......_ ~."' J. '9..~
.1 "5.44.240
5.48.010 Purpose and intent.
On December 15, 1981, the City Council of the
City ofRedlands determined that a serious short-
age of mobilehome rental space had created a
virtual monopoly in the rental of mobilehome
park spaces within the City and declared it neces-
sary to protect the owners and occupiers of
mobilehomes from unreasonable rent increases
while recognizing the need for mobilehome park
owners to receive ajusi and reasonable return on
their property. Accordingly, Ordinance 1783 was
adopted providing for mobilehome park sta-
bilization within the City. The City Council of
the City ofRedlands finds that a serious shortage
of mobilehome park rental space continues, and
that the purpose and intent of Ordinance 1783
continues to require a procedure for stabilizing
mobilehome park rent increases. (Ord. 1857 ~ I
(part), 1985: prior code ~ 37400)
5.48.020 Definitions.
As used in this chapter:
A. "Arbitrator" means a professional
arbitrator by virtue ofhis or her training or expe-
rience or combination of such training and expe-
rience.
B. "Discretionary rent decrease" means a
rent decrease granted pursuant to Section
5.48.110 of this chapter.
C. "Discretionary rent increase" means a rent
increase granted pursuant to Sections 5.48.080
and 5.48.090 of this chapter.
D. "Formula rent adjustment" means a rent
adjustment granted pursuant to Section
5.48.070B of this chapter.
E. "Mobilehome" means a structure
designed for human habitation as defined in Cal-
ifornia Civil Code Section 798.3. Structures
defined in California Civil Code Section 799.24
are not mobilehomes.
F. "Mobilehome park" means an area ofland
where two or more mobilehome spaces are
rented or held out for rent to accommodate
mobilehomes used as human habitation.
G. "Mobilehome park owner" or "owner"
means the owner, lessor, operator or m.n.ger of
a mobilehome park in the City.
H. "Mobilehome Park Rent Review Board"
means the Mobilehome Park Rent Review Board
established by this chapter (sometimes herein
called "Board").
115
(RcdIaDds 4-90)
',dO
.)
D. When an application or a discretionary
rent decrease is received by the City, the Board
shall call a meeting for the purpose of mediation
to resolve the conflict of alleged reduction of
services and/or facilities use or maintenance.
The meeting of mediation shall be held no
sooner than ten days nor later than thirty days of
the date of application and the owners and the
applicant shall be notified of the time and place
of the meeting. Nothing in this chapter will pre-
vent the meeting from being scheduled in an
appropriate location on the premises of the
affected park.
E. At the mediation hearing, the Chairman of
the Board wiIl preside and the Board will hear
testimony relating to the conditions which are at
issue. If the owner pledges to restore an alleged
reduction of services, facilities use, or to perform
a disputed maintenance item, the mediation
meeting shall be continued for an appropriate
time period as approved by the Board, At the
date of the continued mediation meeting the
Board will again consider the issues and verify
resumption of services, facilities use, or mainte-
nance progress. The Board, after considering all
evidence shall either approve, reject or modify
the proposed discretionary rent decrease request
and shall base its decision upon the demon-
strated value of any verified reduction of serv-
ices, maintenance or availability of the park's
facilities. Any rent reduction or accumulation of
rent reductions approved in accordance with this
section shall also serve to reduce space rents as
subsequently adjusted by formula rent adjust-
ments, until removed by a discretionary rent
increase or as hereafter set forth.
E When and if a service, facilities use, or
maintenance item is restored to its previous lev-
els, the owner may, by written request, resume
the mediation hearing, and the Board will again
consider the issue not sooner than ten days nor
later than thirty days after the date of the request.
The owner and tenant representative shall be
advised in writing of the date and place of the
meeting. At the meeting the Board may consider
all evidence of the restoration of the services,
maintenance or facilities use and may approve,
deny or modify the owner's request.
G. An applicaton for a discretionary rent
decrease or a request for consideration for
resumption of serices shall be accompanied by a
six hundred dollar deposit as a processing fee to
defray the actual costs of conducting the hearing
(Redlancls 4-90)
.'
Y"hic~ will be held. The cost of the City's admin-
lstrauveexpenses shall be borne by the owner if
the Board approves any rent decreases for anv
space rent. However, if the Board denies a discre-
tionary rent decrease, the cost of the City's
administration shall be borne by the affected
tenants. Should the deposit not cover the City's
costs, the City shall be further reimbursed for
additional costs by, or excess deposit shall be
returned to, the owner or applicant as the case
may be.
, H. An owner and any tenant or tenant group
In .an affected park may voluntarily agree to
adjUst rents downward for any reason including
the decrease of services or facilities use. However,
the Board shall be notified within thirty daYS of
the agreement to provide a record of such
change. (Ord. 1857 ~ I (part), 1985: prior code ~
37410)
',-
5.48.120 Vacancies and subleases.
When a tenant of a mobilehome space in any
affected park vacates or subleases that space the
park owner shall be free to negotiate a new re~t to
be charged for that space without reference to the
restrictions set forth in this chapter; provided,
however, that the adjusted space rent shall then
be deemed the new base rent for that space which
thereafter may be adjusted only pursuant to the
procedure set forth in this chapter. (Ord. 2100 ~ I,
1989: Ord. 1991 ~ I, 1987: Ord. 1857 ~ I (part)
1985: prior code 937411) ,
5.48.130 Retaliatory eviction.
In ~y action brought to recover possession of
a mobilehome space the court may consider as
grounds for denial any violation of this chapter.
/'
.
.
ORDINANCE NO. 2258
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EL MONTE, CALIFORNIA,
AMENDING ORDINANCE NO. 2216
REGARDING MOBILEHOME PARK RENT
REVIEW PROCEDURES ESTABLISHING A
MOBILEHOME PARK RENT REVIEW
COMMISSIONER
WHEREAS, the city of El Monte, California, has previously
adopted its Ordinance No. 2216 to resolve and harmonize disputes
that may exist between residents and owners of mobilehome parks
which may arise from the failure of either party to recognize the
property rights of the other; and
WHEREAS, the city Council has considered certain information
regarding recommendations for technical amendments to Ordinance
No. 2216 for the purpose of further facilitating the review of
mobilehome parks rent increases, including the public hearing as
conducted on February 14, 1989; and
WHEREAS, it is appropriate at this time for the city council
to approve certain technical amendments to Ordinance No. 2216.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EL MONTE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
The city council hereby finds and determines that
substantially the same conditions exist today with respect to
mobilehome parks presently subject to the provisions of Ordinance
r
1
S'I.\TE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL MCNTE
)
)
)
55
I, Kathleen Kaplan
, City Clerk of the City of El Monte, California,
do hereby certify t~is to be a true and correct copy of Ordinance No. 2258
adopted by the El Monte City Council at its regular meeting on }~rch 14, 1989.
~~e1A
Kathleen Kaplan. City C1erk
El Monte, California
--
~
.
.
I
regarding the resolution of any dispute
concerning the production of records unless
such written order is. waived by the parties.
SECTION 8.1 SPACE RENTAL RECALCULATION UPON BALE BY
RESIDENT-OWNER
Any increase in rent by a landlord upon the resale
of a mobilehome unit occupying a space in a park shall
not be subject to the provisions of this ordinance.
SECTION 8.2 PETITION IN EXTRAORDINARY CIRCUMSTANCES
(a) For the purpose of this Ordinance, the term
"extraordinary circumstances" shall be defined
as acts by a park owner which, by their
nature, either prevent the procurement by the
residents of the number of signatures required
on a petition pursuant to section 5 of this
Ordinance or otherwise constitute acts which
are likely to vex, harass, or annoy park
residents constitute an unfair business
practice or are otherwise calculated to
frustrate the efforts of park residents.
(b) Notwithstanding section 5 of this ordinance,
where residents of a park believe themselves
to be affected by extraordinary circumstances,
47
.
.
EXHIBIT "A"
ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR AMENDING CHAPTER 5 OF TITLE 19
OF THE MUNICIPAL CODE RELATING TO MOBILEHOME
PARK SPACE RENT REGULATION
THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES ORDAIN
AS FOLLOWS:
Subsection A of Section 5-19.10 is hereby amended to
read as follows:
"A. A park owner may charge an unregulated rent
increase when ownership or occupancy of a mobilehome in the park
is transferred or when a mobilehome is removed from the park,
provided that:
(1) Transfer of ownership or occupancy for purposes of
this Chapter shall not include transfers to the conservator,
guardian or trustee of a homeowner, transfers to a homeowner's
trust (provided that the beneficiaries entitled to ownership of
the mobilehome are members of the homeowner's immediate family),
transfers to a surviving spouse upon the death of the other
spouse, interspousal transfers, or a transfer to the parent(s) or
children of a homeowner.
(2) Removal of a mobilehome from a park for the pur-
poses of this Chapter shall not include removal of a mobilehome
910128 kla 0500131 (8)
r
.
E~IroT "~
.
by a homeOwner already residing in a park tor the purpose of
replacing a mobilehome with a new or different mobilehome.
(3) After the increase provided in paragraph (~) of
this subsection has been charged, the rent for that space shall
thereafter be subject to regulation under all the provisions of
Chapter 5 of Title 19 of the Municipal Code and no rent increases
may be charged, collected or retained except as provided in
sections 5-19.06, 5.19.07, 5.19.08. and 5-19.09. For the purpose
of the annual increase provided in section 5.19.06A, no such
increase may be charged until 12 months after the increase
permitted by this subsection.
(4) A homeowner wfio intends to put a mobilahome up for
sale may request a written statement trom the park owner specifY-
ing the rent which will be charged the new homeowner. The park
owner shall provide that statement to the homeowner within
15 days of said request, which shall be deemed received by the
park owner upon the date of personal delivery to the park manager
or owner or the third day after deposit in the U.S. mail,
certified or registered mail return receipt requested. The
statement from the park owner shall be deemed received by the
-
homeowner upon the date of personal delive~ to the homeowner or
upon the third day after deposit in the U.S. Mail, certitied or
registered mail .return receipt requested. The park owner shall
not impose any rent higher than that set forth in that statement
to a new homeowner for 120 days after the date it is provided to
-2-
91Q128 kl. 0500131 (al
r
.
"
.
.
.
EXHIBIT "A"
the homeowner. If the homeowner has not sold the mobilehome
before the commitment in that statement expires, the homeowner
shall have the right to obtain subsequent written statements
pursuant to this subsection.
PASSED, APPROVED and ADOPTED this
, 1990.
day of
MAYOR
ATTEST:
CITY CLERK
-3-
910128 kla 0500131 (8)