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'87 AUG 14 P2 :~3
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE'HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
3 JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES
THEREFOR, AND DECLARING THE URGENCY THEREOF.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1. Puroose. Pending further study of the
7 development and adoption of measures to address the problems
8 created by the present housing and mobile home site shortage, it
9 is necessary, on an interim basis, to prohibit rental increases
10 on mobile home sites within the City of San Bernardino.
11 SECTION 2. Definition of Terms. Unless it is apparent
12 from the context that another meaning is intended, the followi,ng
13 words and terms when used herein shall have the meaning ascribed
14 to them by this Section.
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A. "Services": Services connected with the use or
16 occupancy of a mobile home site includin1' but not limited to,
17 repairs, replacement, maintenance, painting, light, heat, water,
18 refuse removal, sewage removal, furnishings, telephone, parking
19 and any other benefits, privileges or facilities.
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B. "Site": Any area or tract of land or portion of a
21 mobile home park designated or used for the occupancy of one
22 mobile home.
23 C. "Mobile Home Park": Any area or tract of land where
24 two or more mobile home sites are rented or leased or held out
25 for rent or lease to accommodate mobile homes used for human
26 habitation. The rental paid for any such mobile home shall be
27 deemed to include rental for the site it occupies.
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D. "Mobile Home Park Operator": An owner, lessor,
sublessor, including any persons, firm, corporation, partnership,
or other entity, entitled to receive rent for the use of any
mobile home site, or the agent, representative or successor of
any of the foregoing.
E. "Moratorium Period": The period of time beginning on
the effective date of this ordinance and continuing until
November 17, 1987, or until such time as the Mayor and Common
Council establish a procedure for the adjustment andlor
regulation of rents, whichever occurs first.
F. "Rent": The consideration, including any bonus,
benefits or gratuity demanded or received, for or in connection.
with the use or occupancy of a mobile home site or the transfer
of a lease for such a unit, including but not limited to monies
demanded or paid for parking, for furnishings, for services of
16 any kind, for subletting, or for security deposits for damage
17 andlor for cleaning.
18 G. "Mobile Home Site Rental Units": All mobile home sites
19 in the City of San Bernardino designed for rental use or actually
20 rented at any time on or after July 1, 1987, and all services,
21 privileges, furnishings and facilities supplied in connection
22 with the use or occupancy thereof, including garage and parking
23 facilities. The term shall not include:
24 (1) mobile home sites in nonprofit cooperatives
25 owned and controlled by a majority of the residents;
26 (2) mobile home sites which a government unit, agency
27 or authority owns, operates, or manages or which are specifically
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1 exempted from municipal rent regulation by state or federal law
2 or administrative regulation;
3 (3) mobile home sites located in a mobile home park
4 completed or newly constructed after the effective date of this
5 ordinance.
6 H. "Tenant": A tenant, sub~enant, lessee, sublessee or
7 any other person entitled to the use or occupancy of any mobile
8 home site rental unit.
9 I. "Average Per Unit Rehabilitation Cost": The cost of
10 rehabilitation to the mobile home park, or any portion thereof,
11 sufficient to bring the mobile home park into compliance with all
12 applicable City ordinances, divided by the total number of mobi~e
13 home sites in the mobile home park. The costs of rehabilitation
14 shall have been paid or incurred by the mobile home park operator
15 during the moratorium period or any exten3ion thereof, for
16 rehabilitation work done during the moratorium period or
17 extension thereof.
18 J. "Average Per Unit Capital Improvement Cost":
19 The cost of a capital improvement, divided by the number of
20 mobile home sites in the mobile home park. A "capital
21 improvement cost" shall be the costs for improvements to the
22 mobile home park or any building or structure located within the
23 mobile home park, which improvements have a useful life of five
24 (5) years or more, and which costs have been paid or incurred by
25 the mobile home operator during the moratorium period or any
26 extension thereof for the capital improvement work done during
27 the moratorium period or extension thereof. This term shall not
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1 include expenditures for the purchase of land, an existing
2 building, or an interest in an existing building for the purpose
3 of increasing the number of mobile home sites in the mobile home
4 park; nor does it include expenditures necessary to keep or
5 maintain that level of services provided to the mobile home site
6 rental unit at its applicable rollback date.
7 SECTION 3. Rental Increase Moratorium
8 A. Beginning on the effective date of this ordinance and
9 continuing until November 17, 1987, or until such time as the
10 Mayor and Common Council establish a procedure for the adjustment
11 and/or regulation of rents, whichever occurs first, rents shall
12 be at the levels and shall not otherwise be increased except as
13 provided in subparagraph B below.
14 B. During the moratorium period, the maximum rent for a
15 mobile home site rental unit in the City of San Bernardino shall
16 be the following:
17 (1) For a mobile home site rental unit which is
18 rented as of July 1, 1987, and continues to be rented thereafter
19 to one or more of the tenants occupying such rental on July 1,
20 1987;
21 The rent shall not exceed that in effect on July 1,
22 1987. The level of services provided to the rental unit on that
23 date shall not be reduced during the moratorium period. No
whether given before or after July 1, 1987,
increase the rent during the moratorium
24 notice to the tenant,
25 shall be effective to
26 period.
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(2) For a mobile home site rental unit which is not
rented as of July 1, 1987, but is subsequently rented and
continued to be rented to one or more of the same tenants;
The rent shall not exceed that in effect on the date
the mobile home site rental unit is first rented after July 1.
The level of services provided to the rental unit on the rental
date shall not be reduced during the moratorium period.
(3) For a mobile home site rental unit voluntarily
vacated on or after July 1, 1987, and prior to the end of the
moratorium period:
If the vacancy was voluntary (i.e. not the result of
an eviction, whether for just cause or otherwise, or of mobil~.
home park operator's refusal to renew a periodic tenancy or lease
agreement), then the rent may be increased upon the re-rental of
the mobile home site rental unit. So lor.] as such unit continues
16 to be rented to one or more of the tenants first occupying the
17 mobile home site rental unit at the time of such re-rental, such
18 rent shall not exceed that in effect on the date the rental unit
19 is first re-rented, nor shall the level of services provided on
20 that re-rental date be reduced during the moratorium period.
21 (4) For mobile home site rental units vacated other
22 than voluntarily after July 1, 1987.
23 The rent for such mobile home site rental unit shall
24 not thereafter exceed the rent in effect immediately prior to
25 such involuntary vacation, unless the unit is subsequently
26 voluntarily vacated. The level of services provided prior to
27 such involuntary vacation shall not be reduced during the
28 moratorium period.
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1 (5) For a mobile home site rental unit which has
2 been found to be in violation of any then existing City
3 ord inance:
4 The rent shall not exceed that amount dictated by the
5 above subparagraphs (1) through (4), inclusively, plus the
6 average per unit rehabilitation cost amortized over not less than
i a thirty-six (36) month period, which costs have been incurred by
8 the mobile home park operator during the moratorium period for
9 rehabilitation work done during the moratorium period for the
10 sole purpose of bringing the sUbject property into compliance
11 with City ordinances.
12 (6) For a mobile home site rental unit with respect
13 to which capital improvement costs are incurred:
14 The rent shall not exceed the amount dictated by the
15 above subparagraphs (1) through (5), incl~sive, plus the average
16 per unit capital improvement cost amortized over a sixty (60)
17 month period.
18 C. Subparagraph (5) and subparagraph (6) of paragraph B
19 above shall not be applicable to any mobile home park unless the
20 mobile home park operator of such mobile home park has provided
21 the Community Development Department with written proof
22 satisfactory to that department that the cost of rehabilitation
23 work or capital improvement work was incurred during the
24 moratorium period and that the rehabilitation or capital
25 improvement work was completed during the moratorium period.
26 D. The Mobile Home Park Ad Hoc Committee is hereby
27 authorized to hear and decide the appeal of any action taken by
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1 any official of the City of San Bernardino pursuant to the
2 authority of this ordinance except the commencement of criminal
3 prosecution and to hear appeals related to the interpretation of
4 any provision hereof. An appeal of any decision of the Mobile
5 Home Park Ad Hoc Committee may thereafter be had to the Mayor and
6 Common Council in accordance with the provisions of Chapter 2.64
7 of the San Bernardino Municipal Code.
8
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SECTION 4. Violation of Ordinance.
(A) It shall be unlawful for any mobile home park operator
10 to demand, accept, receive or retain any payment of rent in
11 excess of the maximum lawful rents set forth in this ordinance.
12 Any person violating any of the provisions, or failing to comp1y
13 with any of the requirements of this ordinance, shall be guilty
14 of a misdemeanor. Any person convicted of a misdemeanor under
15 the provisions of this ordinance shall be punishable by a fine of
16 not more than One Thousand Dollars ($1,000) or by imprisonment in
17 the County Jail for a period of not more than six months, or by
18 both. Each violation of any provision of this ordinance, and
19 each day during which any such violation is committed, permitted,
20 or continued, shall constitute a separate offense.
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(B) The Community Development Department is hereby
22 authorized to commence actions for violations of the provisions
23 of this ordinance through the filing of long form complaints with
24 the office of the City Attorney.
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SECTION 5. Refusal of a Tenant to Pay a Rent Increase. ~
26 tenant may refuse to pay any increase in rent which is in
27 violation of this ordinance and such violation shall be a defense
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in any action brought to recover pOssession of a mobile home site
rental unit or to collect the illegally charged rent increase.
SECTION 6. Severability. If any provision or clause of
this ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the
provisions and clauses of this ordinance are declared to ~e
severable.
SECTION 7. Uraency. This ordinance is an urgency measure
13 necessary for the immediate preservation of the public peace,
14 health or safety and shall go into effect immediately upon its
15 adoption and approval. The facts constituting such urgency are:
16 A. In recent months there has been an increasing concern
17 on the part of public officials and residents of the City of San
18 Bernardino regarding exorbitant rent increases in mobile home
19 sites in this City.
20 B. There is a growing shortage of decent, safe, sanitary
21 mobile home sites resulting in a critically low vacancy iate,
22 rising exorbitant rents, and stringent conditions of site
23 occupancies exploiting this shortage; that this conditioq is
24 having a detrimental effect on the lives of a substantial number
25 of the San Bernardino residents who reside in mobile homes and is
26 endangering the health and welfare of such residents, 2specially
27 creating hardships on senior citizens, persons on fixed incomes,
28 and persons of low income.
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C. The cost of relocation of a mobile home is exorbitant,
amounting to thousands of dollars.
D. Many mobile home parks will not rent a mobile home site
unless the site will be occupied by a new mobile home.
E. The Mayor and Common Council continue to receive
reports of rent increases, particularly relating to mobile homes,
which may lead to the displacement of many mobile home tenants.
F. The Mayor and Common Council find that immediate action
is required to preserve the status quo by imposing a temporary
moratorium on rent increases for mobile home sites, pending
consideration of the feasibility and desirability of any further
measures.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
15 Bernardino at a moeting thereof, held on
16 the day of , 19B7, by the following
17 vote, to wit:
18 AYES:
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Council Members
NAYS:
ABSENT :
City Clerk
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The foregoing ordinance is hereby approved this day
, 1987.
Mayor of the City of San Bernardino
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Approved as to form
6 and legal content:
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8 ' , City
1/ Attorney
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