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CITY OF SAN BERNODINO - REQUEST F::R COUNCIL ACTION
From: James F. Penman
Subject: A.~ ORDINA'\jCE OF THE CITY OF SAN BEmARDINO
REPEALING SUBSSCl'ICN 8.90.050.B.2. OF THE
SA.~ BERVlRDINO MUNICIl!'AL CODE RELllTING TO
l\LILWED RENTAL RATE INCREASES UPCN THE SALt
OF MJBILE HCMES IN A MJBILE HCMES PARKS.
Dept: City Attomey
Date: January 9, 1992
Synopsis of Previous Council action:
None.
Recommended motion:
That further reading of the ordinance be waived and it be laid over for
final adoption.
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Contact person:
f'e'nn; C! A 'R::loT1 rat!
Phone:
JQ.4-I;<E:;.5
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
(Acct. Description 1
Finance:
Council Notes:
75-0262
Agenda Item No
35
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CITY OF SAN BERNODINO - REQUEST FC::R COUNCIL ACTION
STAFF REPORT
Currently the City has a provision in its Mobile Home Rent
Control Ordinance that limits rent increases to no more than 10% in
situations where a mobile home located in a mobile home park is
sold to a new mobile home owner. There is a line of state court
cases that upholds such a provision on the basis that it is an
appropriate exercise of the City's police power. However there is
another line of federal court cases that concludes that such
provisions act as a taking of the mobile home park owner's
property, and such taking must be paid for by the public entity.
The issue is currently pending before the United states Supreme
Court and it is far from certain how the Court will decide. The
Ci ty has been sued by several park owners based on the federal
cases. In an attempt to limit the amount of damages that would
ul timately be paid to the plaintiffs in such case should the
Supreme Court disagree with the City's position, it is recommended
that the provision be repealed pending the decision of the United
States Supreme Court.
75.0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE
HOMES IN MOBILE HOME PARKS
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Subsection 8.90.050.B.2 of the San Bernardino
Municipal Code is hereby repealed.
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DAB/js/Increase.Ord
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE
HOMES IN MOBILE HOME PARKS
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/js/Increase.Ord
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