HomeMy WebLinkAbout22- Ordinance 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.90.050.E. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 NOTICE TO THE CITY OF LONG TERM LEASES ENTERED INTO BY MOBILE HOME
OWNERS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Subsection E of Section 8. 90.050 of the San
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Bernardino Municipal Code is hereby amended to read as follows:
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"E. Before any rental agreement or lease agreement in
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excess of 12 months is executed by an existing or
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prospective tenant the landlord must ( 1 ) offer the
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tenant the option of a rental agreement for a term of
12 12 months or less, (2 ) provide the tenant with a copy
13 of the Mobile Home Park Rent Stabilization Ordinance,
14 and (3 ) inform the tenant both orally and in writing
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that if the tenant signs a lease agreement or rental
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agreement with a term in excess of 12 months, the
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lease agreement or rental agreement may not be subject
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to the terms and protections of the Mobile Home Park
19 Rent Stabilization Ordinance. Within forty-eight (48 )
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hours of the execution of a lease agreement or rental
21 agreement with a term in excess of 12 months, the
22 landlord shall notify the Director in writing of
23 execution of said agreement, including the name,
24 address and telephone number of the tenant. "
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28 a2�
DAB/js [Leases.Ord] 1 December 22. 1993
i
j AN ORDINANCE. . .AMENDING SECTION 8.90.050.E. OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO NOTICE TO THE CITY OF LONG
2 TERM LEASES ENTERED INTO BY MOBILE HOME OWNERS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
5
Bernardino at a meeting thereof, held on the
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day of 1994, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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NEGRETE
9
CURLIN
10
HERNANDEZ
11
OBERHELMAN
12
DEVLIN
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
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The foregoing Ordinance is hereby approved this day
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of 1994.
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21 Tom Minor, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
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26 By: ,. 7'
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DAB/js [Leases.Ord) 2 December 22, 1993
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WESTERN MOBILEHOME ASSOCIATION
Representing California Mobilehome Park Owners and Operators �inje21r944' 3
January 19, 1994
Honorable Tom Minor, Mayor
City of San Bernardino
300 North D Street
San Bernardino, CA 92402
Re: Proposed Mobilehome Rent Control Ordinance Amendment
Dear Mayor Minor:
It has come to the attention of San Bernardino Mobilehome Parkowners that the
Common Council has already had a first reading on an ordinance amendment without
notifying them of a change in an ordinance that affects them. This lack of
courtesy, however, is the least of our concerns.
It is my understanding that the amendment would require owners and managgers to
notify new move-ins of the rent control ordinance within 48 hours. Parkowners
have been consistent in their opposition to further government intrusion into
their business affairs, and this ordinance amendment is another example.
Mobilehome parkowners are required by the Mobilehome Residency Law to offer
residents rental agreements that range from month-to-month to leases of thirteen
months or more. Parkowners believe that State Law is a stringent regulation that
needs no further restriction by local government.
The amendment, in effect, would perpetuate rent control on ever space and force
parkowners into the rent control's jurisdiction. Long term lyease agreements
which would exempt the space from rent control, would be threatened. The rental
agreement, a contract between parkowner and homeowner, would be unduly influenced
by government policy -- interference beyond the intent of the ordinance. The
ordinance was originally adopted to protect existing homeowners who have an
investment in their homes and parks, not future tenants who have made NO
investment in a San Bernardino mobilehome park.
The permanent -perpetuation of rent control on a mobilehome space would continue
to limit the fpair rate of return on that space -- and a case could be made for
a government regulatory taking of that property. The San Bernardino Common
Council should refrain from running headlong into overregulating an industry
already battered in San Bernardino's political arena.
We would ask you and members of the Common Council to oppose this unnecessary
amendment.
Thank you.
Sincerely yours,
re
Cla re Regio presentative
cc: Members, Common Council , City of San Bernardino
San Bernardino Mobilehome Parkowners
John Bovee WMA Asst Executive Director
Vickie Talley, MHET Executive Director
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REG OVAL OFFICE: 21464 Marston Court • Moreno Valley, CA 92557 • (909) 684-1 173 FAX: (909) 684-1 173 (call first)