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HomeMy WebLinkAboutMC-802U 1 2 3 4 5 6 MC-802 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050 RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection D of Section 8.90.040 of the San 7 Bernardino Municipal code is hereby amended to read as follows: 8 "D. ' Tenant' means any person entitled to 9 or proposing to occupy sllch mobile home 10 unit or space pursuant to an oral or 11 written lease with the owner thereof, or 12 pursuant to some other rental agreement 13 with the owner, lessor, operator or manager 14 thereof. " 15 SECTION 2. Subsection E of Section 8.90.050 of the San 16 Bernardino Municipal Code is hereby renumbered as Subsection F. 17 SECTION 3. Subsection E is hereby added to Section 8.90.050 18 of the San Bernardino Municipal Code to read as follows: 19 20 21 22 23 24 25 26 27 28 "E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the tenant the option of a rental agreement for a term of 12 months or less, (2) provide the tenant with a copy of the Mobile Home Park Rent Stabilization Ordinance, and (3) inform the tenant both orally and in writing that if the tenant signs a lease agreement or rental agreement with a term in excess of 12 months, the lease agreement or rental agreement may not be subject to the DABjsesjMobiHom3.ord 1 July 3, 1991 MC-802 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 terms and protections of the Mobile Home Park Rent Stabilization Ordinance." SECTION 4. URGENCY. The Mayor and Common Council do hereby find that pursuant to an unintended provision in SB 2009 (Chapter 1046 of the Statutes of 1990), some mobile home park owners were requiring that prospective tenants execute long term leases in order to move into the parks, thus taking such spaces out of the protection of the City I s Mobile Home Park Rent Stabilization Ordinance (San Bernardino Municipal Code Chapter 8.90), and severely limiting the housing options available to these prospective tenants. By the passage of SB 132 (Chapter 24 of the Statutes of 1991) the legislature eliminated this unintended provision and allowed local jurisdictions to extend the protection of their Mobile Home Rent Control Ordinances to these prospective tenants as well. The Mayor and Common Council do hereby find that it is in the best interests of the citizens of the City of San Bernardino to assist those who are seeking housing in mobile home parks to have every option available under the law. The Mayor and Common Council do further find that many such tenants and prospective tenants are elderly andlor on fixed means and need the opportunity to protect their incomes. In order to protect the public health, safety and welfare it is necessary that this ordinance take effect immediately to insure that prospective mobile home park tenants are not unnecessarily required to sign long term leases without the full benefit of choice that the law allows. III III DAB/ses/MobiHom3.ord July 3, 1991 2 . MC-802 , . 1 AN ORDINANCE. . . RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing ordinance was duly Bernardino at a regular adopted by the Mayor and Common Council of the City of San meeting thereof, held on the 15th July day of 1991, by the following vote, to wit: Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN x x x x x x x -- ()~ ~~ cii'y-'<.flerk July The foregoing ordinance is he~eby appro~ / / I . ,/'7 ,./~--; of , 1991. Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~ DAB/ses/MobiHom3.ord this 16th day /I.. /% , w. R. HCYlcomb,/~ayor City of San Bernardino / /1 /' ---/ 3 July 3, 1991