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ORDINANCE NO.
MC-827
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION
8.90.050.B.2 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN
MOBILE HOME PARKS AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Subsection 8.90.050.B.2 is hereby added to the
San Bernardino Municipal Code to read as follows:
"2. Subject to the provisions of Civil Code !;798.l7,
if the mobile home is sold and is to remain on site,
the landlord may only increase the rental rate to the
new owner by the amount which would have been allowed
pursuant to this chapter if the mobile home had not
been sold."
SECTION 2. URGENCY. The Mayor and Common Council do hereby
15 find that due to the federal court decisions of Hall v Santa
16 Barbara (1986) 833 F2d 1270, and Azul Pacifico, Inc. v City of Los
17 Angeles (1991) 948 F 2d 575, the City did in February of this year
18 repeal the vacancy control protection for its citizens in
20 significant damages should the current lawsuit filed by park
19 Mobilehome Parks in order to protect the City from possibly
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owners against the City result in an adverse decision.
It was
22 understood that this issue was under review by the United States
23 Supreme Court in Yee v Escondido and if the decision were
24 favorable the vacancy control protection would be reinstituted as
25 soon as possible. On April 1, 1992 the Supreme Court issued its
26 opinion in Yee rejecting the "physical taking" theory espoused in
27 Hall and Azul Pacifico and upholding Escondido's ordinance. The
28 Mayor and Common Council do hereby find that it is in the best
DAB/ses/Rate.ord
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April 2. 1992
MC-827
1 interests of the citizens of the City of San Bernardino to assist
2 those who are seeking to sell their mobilehomes and those who are
3 seeking to buy such homes to have the same fair rental protection
4 as is afforded to those who remain in their mobilehomes without
5 sale. The Mayor and Common Council do further find that many such
6 tenants (both buyers and sellers) are elderly and/or on fixed
7 means and need the opportunity to protect their incomes. To delay
8 the implementation of this ordinance would be to allow
9 unnecessary, unjustified and possibly financially devastating
10 rental increases while the Supreme Court has determined that
11 mobilehome rental protection is legal. In order to protect the
12 public health, safety and welfare it is necessary that this
13 ordinance take effect immediately to insure that prospective
14 sellers and buyers of mobilehomes be protected in the value of
15 their investments and that the rents charged be maintained at a
16 fair and equitable level.
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April 2, 1992
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Me-827
.
AN ORDINANCE... ADDING SUBSECTION 8.90.050. B. 2 TO THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO THE ALLOWED RENTAL RATE
INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS AND
DECLARING THE URGENCY THEREOF.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 6th
day of
April
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
C~~~
ABSENT
of April
The foregoing ordinance is hereby approv' -this~-day
, 1992.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
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April 2, 1992