Loading...
HomeMy WebLinkAbout30-Economic Development Agency ~ ., . C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: January 27, 1992 RE: Mobile Home Rent Control - Vacancy Control When considering whether to repeal the provision of the City's Mobile Home Rent Control ordinance relating to the restriction on increasing rents on a mobile home space sold to a new tenant, the Council asked that our office determine what the City of Rialto is doing in this area. We therefore contacted Mr. Robert A. Owen, the City Attorney for the City of Rialto. He informed us that as yet the City of Rial to has not done anything but he is drafting a proposal. The proposal would provide that when the park owner receives a notice of intent to vacate a tenancy pursuant to Civil Code S798.59, or if he finds out through any other means that the mobile home owner is planning to sell his mobile home, then the park owner can apply for a rental increase. Mr. Owen contends that such a process would establish an administrative remedy and the failure to exhaust such remedy would be cause for a court not granting the judicial relief. We believe the Rialto City Attorney is in error. The federal cases coming out of the Ninth Circuit Court of Appeal have held that a vacancy control provision is an actual physical occupation of the park owner's property by the City (Hall v. Santa Barbara (1986) 833 F2d 1270, 1275-1279) "When the alleged taking occurs as a result of a physical occupation of the property, the landowner need not exhaust administrative remedies before suing in federal court: 'where there has been a physical invasion, the taking occurs at once, and nothing the City can do or say after that point will change that fact.' Hall, 833 F2d at 1282 n. 28." (Azul Pacifico, Inc. v. City of Los Angeles (1991) 948 F2d 575, 579). The Azul Pacifico court concluded that the taking occurred when the ordinance was passed and not when the mobile homes were sold (at 584). As quoted above, the court concluded: " . and nothing the City can do or say after that point will change that fact." (Hall, 833 F2d at 1282, n. 28, quoted in Azul Pacifico, 948 F2d at 579) DAB/jS/MHRC.Mem , tf!>iJ .. ., . .. Should the City change the ordinance it would change what . , would otherw1se be a permanent taking into a less costly temporary one (See Azul Pacifico, Inc. v. City of Los Angeles (1991) 948 F2d 575), but attaching an administrative process to the ordinance does not seem to be sufficient. The proposal by Rialto to have an administrative hearing for a rent increase is similar to San Bernardino's hardship rent increase procedure, just somewhat earlier in time. We don't see the Court ould note any legal difference. , , DAB/jS/MHRC.Mem tit tit 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 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 Bernardino Municipal code is hereby amended to read as follows: "D. 'Tenant' means any person entitled to or proposing to occupy such mobile home unit or space pursuant to an oral or wri tten lease Hi th the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof." SECTION 2. Subsection E of Section 8.90.050 of the San Bernardino Municipal Code is hereby renumbered as Subsection F. SECTION 3. Subsection E is hereby added to Section 8.90.050 of the San Bernardino Municipal Code to read as follows: "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 DAB/ses/MobiHom3.ord 1 July 3, 1991 MC-802 _ tit 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'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 tit 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 -. AN ORDINANCE. . . RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE. 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 15th July , 1991, by the following vote, to wit: The foregoing ordinance is hereby appro~;this July ,1991. /1 /7;~/.2r/ . / ./ /;:;::- L',' ,/ /2----" W. R. Hoacomb y.Mayor City of San Bernardino day of Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER of Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~ DAB/ses/MobiHom3.ord AYES ABSTAIN NAYS x x x x x x x CifJ~ ~ 16th day 3 July 3, 1991 . . 1 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS . THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Subsection 8.90.050.B.2 of the San Bernardino 7 Municipal Code is hereby repealed. 8 I I I 9 I I I 10 I I I 11 III 12 I I I 13 I I I 14 I I I 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 III 21 I I I 22 III 23 III 24 I I I 25 III 26 III 27 I I I 28 III DAB/js/Increase.Ord 1 3I"J . . 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 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO. MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1992, by the fOllowing vote, to wit: day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~~ DAB/js/Increase.Ord 2 .. ~-, o C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Dennis A. Barlow, Sr. Asst. City Attorney January 27, 1992 DATE: RE: Mobile Home Rent Control - Vacancy Control When considering whether to repeal the provision of the City's Mobile Home Rent Control ordinance relating to the restriction on increasing rents on a mobile home space sold to a new tenant, the Council asked that our office determine what the City of Rialto is doing in this area. We. therefore contacted Mr. Robert A. Owen, the City Attorney for the City of Rialto. He informed us that as yet the City of Rial to has not done anything but he is drafting a proposal. The proposal would provide that when the park owner receives a notice of intent to vacate a tenancy pursuant to Civil Code ~798.59, or if he finds out through any other means that the mobile home owner is planning to sell his mobile home, then the park owner can apply for a rental increase. Mr. Owen contends that such a process would establish an administrative remedy and the failure to exhaust such remedy would be cause for a court not granting the judicial relief. We believe the Rialto City Attorney is in error. The federal cases coming out of the Ninth Circuit Court of Appeal have held that a vacancy control provision is an actual physical occupation of the park owner's property by the City (Hall v. Santa Barbara (1986) 833 F2d 1270, 1275-1279) " "When the alleged taking occ~rs as a result of a physical occupation of the propert~ the landowner need not exhaust administrative reme ies before suing in federal court: 'where there has be a physical invasion, the taking occurs at once, and nqthing the City can do or say after that point will chang~ that fact.' Hall, 833 F2d at 1282 n. 28." (Azul Paci:fico, Inc. v. City of Los Angeles (1991) 948 F2d 575, 579). The Azul Pacifico court concluded that the taking occurred when the ordinance was passed and not when the mobile homes were sold (at 584). As quoted above, the court concluded: ". . . and nothing the City can do or say after that point will change that fact." (Hall, 833 F2d at 1282, n. 28, quoted in Azul pacifico, 948 F2d at 579) DAB/jS/MHRC.Mem .. tf3{) . ~ C] o Should the City change the ordinance, it would change what would otherwise be a permanent taking into a less costly temporary one (See Azul Pacifico, Inc. v. City of Los Angeles (1991) 948 F2d 575), but attaching an administrative process to the ordinance does not seem to be sufficient. The proposal by Rialto to have an administrative hearing for a rent increase is similar to San Bernardino's hardship rent increase procedure, just somewhat earlier in time. We don't see that the COU~Uld note any legal difference. ~LOW '4.1~ J , , DAB/jS/MHRC.Mem 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 ('~ c:> ORDINANCE NO. MC-802 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 Bernardino Municipal code is hereby amended to read as follows: "D. 'Tenant' means any person entitled to or proposing to occupy sllch mobile home unit or space pursuant to an oral or wri tten lease ~1i th the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof." SECTION 2. Subsection E of Section 8.90.050 of the San Bernardino Municipal Code is hereby renumbered as Subsection F. SECTION 3. Subsection E is hereby added to Section 8.90.050 of the San Bernardino Municipal Code to read as follows: "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 Horne 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 DAB/ses/MobiHom3.ord 1 JUly 3, 1991 MC-802 C'...) o 1 terms and protections of the Mobile Home Park Rent 2 stabilization Ordinance." 3 SECTION 4. URGENCY. The Mayor and Common Council do hereby 4 find that pursuant to an unintended provision in SB 2009 (Chapter 5 1046 of the Statutes of 1990), some mobile home park owners were 6 requiring that prospective tenants execute long term leases in 7 order to move into the parks, thus taking such spaces out of the 8 protection of the City I s Mobile Home Park Rent Stabilization 9 Ordinance ( San Bernardino Municipal Code Chapter 8.90) , and 10 severely limiting the housing options available to these 11 prospective tenants. By the passage of SB 132 (Chapter 24 of the 12 Statutes of 1991) the legislature eliminated this unintended 13 provision and allowed local jurisdictions to extend the protection 14 of their Mobile Home Rent Control Ordinances to these prospective 15 tenants as well. The Mayor and Common Council do hereby find that 16 it is in the best interests of the citizens of the City of San 17 Bernardino to assist those who are seeking housing in mobile home 18 parks to have every option available under the law. The Mayor and 19 Common Council do further find that many such tenants and 20 prospective tenants are elderly andlor on fixed means and need the 21 opportunity to protect their incomes. In order to protect the 22 public health, safety and welfare it is necessary that this 23 ordinance take effect immediately to insure that prospective 24 mobile home park tenants are not unnecessarily required to sign 25 long term leases without the full benefit of choice that the law 26 allows. 27 III 28 III DAB/ses/MobiHom3.ord 2 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 " c AN ORDl:NANCE. . . RELATl:NG TO LONG TERM LEASES UNDER THE MOBl:LE HOME PARK RENT STABl:Ll:ZATl:ON ORDl:NANCE. 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 15th July , 1991, by the following vote, to wit: The foregoing ordinance is hereby appro~;thiS July , 1991. /'7//' .' ~///r/ / . w: R./Hoac':~YOr City of San Bernardino day of Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER of Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY.J~ DAB/ses/MobiHom3.ord AYES NAYS ABSTAIN x x x x x x x ciff~ ~ 16th day 3 July 3, 1991