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HomeMy WebLinkAboutS07-Community Development CI. f OF SAN BERNARD~"~O - REQU'-$)T FOR COUNCIL A~ -liON F,om: Kenneth J. Henderson, Director Subject: RENT ST ABILlZA nON -- COLLECTION AND ANALYSIS OF DATA Dept: Community Development Date: September Z, 1987 Ifl/O ( Synopsis of Previous Council action: The Mayor and Common Council has previously discussed the issue of rent stabilization, established a Citizens Mobile Home Park Fact-Finding Committee and adopted Ordinance Number 3805 establishing a moratorium on rents to be charged to mobile home park tenants residing in the City. Recommended motion: That the Mayor and Common Council authorize and direct staff to prepare and issue a Request for Proposals (RFP) for the purpose of retaining a consultant to survey the economic statns of eacq tenant of every mobile home park located within 'the corporate boundaries of the City. Further, that the Mayor and Common Council authorize and direct the development of a memorandum of understanding between and among City, mobile home park tenants, and mobile home park owners, whereby owners agree to voluntarily maintain rents at rates in effect as of June 30, 1987 until said survey is completed, properly analyzed and ready to be considered by the Mayor and Common Council. Contect penon: Kenneth J. Henderson Phone: 5065 Supporting dete attached: Staff Report Ward: 1.3and5 FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Note.: n.a2l2 Agenda Item No, ,S,7 . CIT\.... OF SAN BERNARDIO - REQUEQ FOR COUNCIL AC1 .DN STAFF REPORT On August 25, 1987, the Mobile Home Park Ad Hoc Committee, comprised of Councilmembers Flores (Chairman), Pope-Ludlam and Minor, met to discuss issues related to the imposition of a rent moratorium and/or rent control ordinance for mobile home parks within the corporate boundaries of the City. Committee members. staff and a representative from Western Mobile Home Association also heard a presentation from a County Board of Supervisors representative that focused on space rental assistance, outreach. senior shared housing and a communications team. After discussion. the Committee agreed to recommend to the Mayor and Common Council that a Request for Proposals (RFP) be developed and issued by staff for the purpose of determining the scope of the problem (that is those mobile home park tenants placed in an economically disadvantageous position by increased rents). This would be accomplished by retaining a consultant to survey the economic status, among other things, of each mobile home park tenant in each mobile home park located within the corporate boundaries of the city. The Committee further recommended that as a show of good faith a memorandum of understanding (MOU) be entered into between the city, tenants and park owners that would roll back rents to those in effect as of June 30, 1987 for the time it takes to complete and analyze the study. The MOU would have to address those parks or spaces governed by long-term lease agreements with annual (anniversary) increases included in such agreements. The Committee chairman stipulated that if a MOU could not be developed and executed in a timely manner, he would be prepared to recommend to the Mayor and Common Council that a rent moratorium be implemented immediately. Traditionally, rent moratorium/control ordinances require im- plicitly or explicitly mediation and enforcement functions. Indeed, some draft ordinances identify the Community Development Department as the administering entity of a rent stabilization program with responsibility for providing staff support to a Rent Review Board, including numerous responsibilities relating to the acceptance and processing of rent increase applications. There are also enforcement issues which must be addressed in the event a mobile home park owner does not comply with a provision(s) of the rent moratorium/control ordinance. Both mediation throuqh a Rent Review Board and enforcement require staffinq. resources and a budqet sufficient enouqh to effectivelv carrv out the responsi bilities the Council is contemplatinq. In other jurisdictions where rent moratorium/control ordinances are in effect, the general or CDBG funds are not the sources of revenue identified to support such an operation. Additionally, I believe the City must resist the temptation to use the Building and Safety Department as the enforcement arm of a rent control program by stepping up health and safety related inspections. It is important that rent control and health and safety items be addressed as separate issues and not combined, resulting in the Building and Safety Department becoming the de facto enforcement arm of a rent control program. 75.0264 r~ ~efore the Mayor and Comm~ouncil can i~lligently consider whether a rent moratorium/control ordinance is necessary and proper. I believe we must first obtain information collected by a disinterested third party to determine the scope of the problem. without hard data. the Mayor and Common Council is placed in the position of determining through public testimony whether hardship cases presented by tenants and owners supports or obviates the need for a rent moratorium/rent ordinance, a difficult and unscientific proposition as best. Enacting such a measure prematurely could hurt significantly park owners and financially assist unnecessarily tenants who are able to afford market rents. It is for the above and other reasons that I recommend adoption of the form motion. Development KJH/lab/0462 9/2/87