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ORDINANCE 1117 (1988 SERIES)
s
ADOPTED BY THE PEOPLE AT THE JUNE 7, 1988, SPECIAL
MUNICIPAL ELECTION.
MEASURE D - MOBILEHOME RENT REGULATIONS
REPLACED CHAPTER 5.44 OF THE MUNICIPAL CODE
ADOPTED BY RES. 6391 (1988 Series) on 2/2/88
0 1117
January 28, 1988
Chapter 5.44
MOBILE HOME PARK RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed.)
5.44.050 City Council -- Powers and duties.
5.44.060 Base space rent -- Determination -- Allowable
increases without hearing
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
5.44.080 Application for rent adjustment -- Conduct of
hearing.
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
5.44.100 Application for rent adjustment -- Hearing--
Determina-
tion.
5.44.110 Application for rent increase -- Hearing -- Appeal.
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
B. Mobile home tenants, forced by the lack of suitable
alternative housing, have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and
the substantial investment of mobile home owners in
such homes, this council finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional amenities, and other costs of
operation, and to receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part), 1982: prior code
4800)
5.44.020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home park, that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
E
i
provided, that this definition shall be limited to
capital improvements approved by more than fifty
percent of the tenants in the affected park.
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D. (Repealed)
D. "Mobile home tenant" or "tenant" means any person
entitled to occupy a mobile home within a mobile home
park pursuant to ownership of the mobile home or under
a rental or lease agreement with the owner of the
mobile home.
E. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility, or to
maintain existing improvements in a safe and usable
condition, or to repair damage resulting from fire,
earthquake or other casualty.
F. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit. Ord. 923 §1 (part), 1982: prior code §4801)
G. "Change of ownership" means the sale, rental
transfer, or exchange of a mobile home subject to the
provisions of this chapter excepting the transfer to
tenant's spouse by gift, bequest or devise.
H. "Hearing Officer" means the duly appointed
hearing officer selected from a panel of qualified
hearing officers. A hearing officer shall have no
financial interest in either a mobile home park or
a mobile home nor have been a resident of nor
reside in a mobile home park.
I. "Appellate Panel" means a panel of three qualified
hearing officers. A panelist shall have no financialinterestineitheramobilehomeparkoramobilehome
nor have been a resident of nor reside in a mobile home
park.
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J. "CPI" shall be the Consumer Price Index (1967 =100)
All Items, All Urban Consumers, *for the Los
Angeles/ Long Beach /Riverside standard metropolitan
statistical area published by the Bureau of Labor
Statistics, United States Department of Labor. If the
CPI is not hereafter published, then any substitute
index, or, if none, then the index most closely
resembling the CPI shall become the new CPI.
K. "Qualified Hearing Officer ". The City
Administrative Officer shall maintain a list of
available qualified hearing officers. Qualified
hearing officers shall be persons experienced in
financial and accounting methods with knowledge of
mediation process and rules of evidence.
5.44.030 Exemptions.
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which
provide for a tenancy of more than a year, but onlyforthedurationofsuchleaseorcontract. Upon the
expiration of or other termination of any such lease or
contract, this chapter shall immediately be applicable
to the tenancy. No rent increases other than that
allowed under the provisions of the lease, shall be
allowed during the duration of such a lease or
contract.
F. Spaces in a mobile home park
66.67% of said spaces are governed
initial term of more than one year.
G. Mobile home parks which sell
built or manufactured housing,
n
in which at least
by a lease with an
lots for factory -
or which provide
condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
Ord. 923 §1 (part), 1982: prior code §4802)
5.44.040 (Repealed)
5.44.050 City Council -- Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter;
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
C. To adopt, promulgate, amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent - - -- Allowable increases without
hearing.
A.' The "base space rent" for purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease, upon expiration of the lease
shall be no more than the rent charged in the last
month of said lease. In parks where there is an
exemption because 66.67% of the spaces are governed by
a lease with an initial term of no less than one year,
then the maximum monthly space rent shall be the space
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park.
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
5
CPI, or 9 %, whichever is less, calculated as follows:
1. The maximum monthly space rent may be increased at
a rate equal to 100 percent (100 %) of the CPI up to 5
percent (5 %) and 75 percent (75 %) of the CPI in excess
of 5 percent (5 %) calculated as follows:
a. The change in space rent shall be calculated
by dividing the ending CPI index by the beginning
CPI index.
b. If the resulting quotient is less than 1.05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
c. If the resulting quotient is greater than
1.05, then the difference between the resulting
product and 1.05 shall be multiplied by 75
percent. The resulting product shall be
multiplied by the space rent and that product
shall be added to the sum derived from 5.44.060
B.2 above. The sum shall be the new space rent.
d. The beginning CPI index shall be the index
for the month used as the ending index for the
last CPI adjustment.
e. The ending CPI index shall be the index for
the month twelve months after the beginning index.
2. Each month the City Administrative Officer shall
publish the percentage change of the CPI allowed under
this Section B for the 12 -month period immediately
preceding the month for which CPI information has been
most recently published.
3. It is the intention of this paragraph 5.44.060 B
to allow for automatic increases in space rent based
on changes in the cost of living as measured by the
CPI. The limitations on such increases are intended to
minimize the immediate impact drastic changes in the
CPI might have on residents. The limitations are not
intended to prevent ultimate adjustments to allow
owners to receive a fair return on their property.
C. The maximum monthly space rent of a tenant may beincreasedbytheownerwhenthereisachangeof
ownership affecting a mobile home. However, such
increase shall not exceed 10% of the then existing
space rent and may not be- relied upon any more often
0
than once in any 36 -month period as the basis to
increase rent. In the event of change of ownership
resulting from subletting of the mobilehome space as
may be allowed by State law, should such become State
law, then upon any such subletting then the space rent
may be increased up to 10% of the then - existing space
rent. In the event of change of ownership resulting
from vacation of the space, then the space rent may be
adjusted to fair market rent in the community.
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase by a reduction of general park
facilities and services. However, an owner may modify
the nature of park services if reasonable allowance is
provided to the tenant. For example, if the owner
elects to submeter water so that tenants pay for water
consumed by them, then tenants shall receive a
reasonable reduction from their base space rent. (Ord.
1079 §1, 1986; Ord. 1020 §1, 1984: Ord. 923 §1 (part),
1982: prior code §4805)
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities; new
government mandated services; garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by
twelve, less the percentage in the CPI index for the
twelve -month period. The quotient shall be allocated
to the space rent for each space in the park based on
the amount the space rent relates to total space rent
for the park. Notice of the increase shall be in
writing and shall be given as required by law no less
than 60 days prior to any such increase being
effective. The notice shall state the amount of the
rent increase, the new space rent, the amount of the
total increase in expenses and the nature of the
expense. A copy of the notice shall be given to the
City Administrative Officer. The City Administrative
Officer shall have the authority to resolve questions
regarding computation of the space rent increase based
on this section. There shall only be one such increase
in any twelve -month period.
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
A. Except for automatic
under Section 5.44.060,
with the City Clerk
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increases in base rent allowed
an owner or tenant may file
an application for a rent
adjustment ( "application "). The application shall
state the amount of the adjustment for each space
affected and the reasons for the adjustment.
1. An application shall be accompanied by the
payment of a fee as may be established from time
to time by the council.
2. An application filed by an owner shall be
accompanied by a statement stating that the tenant
for each space affected has been served either
personally or by mail with a notice describing the
application and the change in rent or services.
3. An application filed by a tenant shall be
accompanied with a statement stating that the
owner has been either personally or by mail served
with the application and with a statement
designating not more than three persons to act as
representatives for the spaces affected and
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the application and supporting the
application and established by a secret election.
4. A statement shall accompany the application
and shall notify the receiving party that he /she
has 30 days to file an objection and if one is not
filed within the time allowed, then the
application will be automatically granted.
B. An objection to the application may be filed with
the City Clerk within 30 days after the notice of
application has been served. The objection shall
identify the portions of the application objected to
and shall state the grounds of the objection.
1. A copy of an objection filed by an owner shalom
be mailed to each of the designated tenant
representatives.
2. A copy of an objection filed by a tenant shall
be mailed to the owner. The tenant's objection
shall designate not more than three persons to act
as representatives for the objecting tenants. The
objection must be accompanied by a statement
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the owners application and verifying
that they object to the application, established
by secret ballot election.
C. If no objection is filed to an application within
the time allowed, or if less than 51% of the tenants
support an objection to an application, then the
application will be automatically granted.
D. If an objection is filed within the time provided,
then the owner and the tenant representatives shall
meet and confer to negotiate in good faith an agreement
regarding the application. Either party may request a
mediator of their choice to assist in the negotiations,
but this is not required. If an agreement is reached
within 60 days, then the tenant representatives shall
notify all tenants affected by the agreement. The
tenants shall have 10 days to approve or disapprove of
the agreement. If tenants representing a majority ofthespacesaffectedfailtodisapproveof. the
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shallbenotifiedthatanagreementhasbeenreached. The
statements made in negotiations and any agreements
reached but not approved shall not be admissible in any
subsequent hearings regarding the'application.
E. If the owner and the tenant representatives fail to
reach an agreement within the time provided or if a
majority of the tenants disapprove of an agreement
reached, then the applicant shall within 10 days notifytheCityAdministrativeOfficerthatanagreementhas
not been reached. The City Administrative Officer
shall obtain a list of no less than five (5) qualified
hearing officers. Owners and tenants may each delete
one person from the list of qualified hearing officers
within seven (7) days and one of the remaining persons
shall be selected by the City Administrative Officer as
the hearing officer. Appointment of the hearingofficershallbecompletednolaterthantwenty -onedaysafterfilingofthenoticethatanagreementhas
not been reached.
F. The hearing officer shall set a hearing on the
application complying with the requirements of this
section no less than ten days and no more than thirtydaysafterhisappointment. The hearing officer
shall notify the owner and tenants, in writing, of the
time, place and date set for the hearing. No hearing
or any part hereof may be continued beyond thirty days
after the initial hearing date, without the applicant's
consent. If the hearing officer approves an
application as requested or as modified, the same shall
D
take effect as noticed by the owner or as the hearing
officer may otherwise direct. (Ord. 1077 §2, 1986;
Ord. 923 §1 (part), 1982: prior code §4806)
5.44.080 Application for rent adjustment -- Conduct of
hearing.
A. All review hearings conducted by the hearing
officer shall be conducted in accordance with the Ralph
M. Brown Act, at Section 54950 et seq. of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other person as may
be designated by the parties in presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the hearing officer may hear and
review such evidence as may be presented and make such
decisions as if all parties had been present.
D. Owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
1 (part), 1982: prior code §4807)
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
In evaluating the application the hearing officer may
consider, along with all other factors it considers
relevant, changes in costs to the owner attributable to
increases or decreases in master land and /or facilities
lease rent, utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee
costs, normal repair and maintenance, and other
considerations, including, but not limited to,
rehabilitation work, capital improvements, upgrading
and addition of amenities or services, net operating
income, and the level of rent necessary to permit a
just and reasonable return on the owner's property.
10
r
fi
Ord. 923 §1 (part), 1982: prior code § 4808)
A. In applying the foregoing factors, the hearing
officer shall utilize the maintenance of net operating
income (MNOI) formula. Under the MNOI allowable gross
rents are calculated as follows: All operating
expenses for the twelve -month period ending December
31, 1981 are subtracted from all operating expenses for
the twelve -month period immediately preceding the date
of the application for which expense data is available.
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve -month period reasonably close to December 31,
1981 may be substituted. The difference shall be added
to gross annual rent based on rental rates in effect on
March 15, 1982. The sum shall be the allowable gross
annual space rent. The allowable gross space rent
shall be fairly apportioned between all spaces in the
park. The space rent determined under the MNOI formula
shall be adjusted as follows:
1. There shall be an adjustment to allow for
inflation calculated as follows. The net
operating income (NOI) for the base period shall
be calculated by subtracting the park's operating
expenses for the twelve -month period ending
December 31, 1982, from the park's annual gross
space rent based on the space rent in effect on
March 15, 1982. The CPI index for the month most
recently available prior to filing the application
shall be divided by the CPI index for March, 1982.
The resulting quotient shall be multiplied by the
base period NOI. This shall be the adjusted NOI.
The operating expenses for the twelve -month period
immediately preceding the date of the application
for which information is available shall be added
to the adjusted NOI. The sum shall be the
inflation adjusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adjusted for inflation.
2. In calculating MNOI there shall be an
adjustment to the gross space rent in effect on
March 15, 1982, if the hearing officer determines
that the gross space rent in effect on that date
did not allow the owner to receive a just and
reasonable return on his property.
3. If the hearing officer concludes that the MNOI
formula, and the adjustments thereto, does not
provide a just and reasonable return to the owner,
11
then the hearing officer may apply any reasonable
formula, including a return on investment, a
return on fair market value, or return on equity,
to determine a space rent which will allow the
owner to receive a fair and reasonable return on
his property.
B. The hearing officer shall not consider income
arising from spaces leased in the park pursuant to
5.44.030(E) of this chapter. Likewise, the hearing
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44.100 Application for rent adjustment-- Hearing --
Determination.
A. The hearing officer shall make a final decision no
later than twenty days after the conclusion of its
hearing. The hearing officer's decision shall be based
on the preponderance of the evidence submitted at the
hearing. The decision shall be based on findings. All
parties to the hearing shall be advised by mail of the
hearing officer's decision and findings.
B. Pursuant to its findings, the hearing officer may:
1. Permit the requested adjustment to become
effective, in whole or in part; or
2. Deny the requested adjustment; or
3. Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the hearing officer shall be final
unless, within fifteen days after mailing of the
decision and findings the owner or any affected tenant
appeals the decision. (Ord. 923 §1 (part), 1982; prior
code §4809)
D. The hearing officer's charges shall be paid by the
City.
5.44.110 Application for rent adjustment -- Appeal -- Hearing.
A. Any appeal from a decision of the hearing officer
shall be filed with the City Clerk. The appellant
shall also mail a copy of the appeal to the responding
party. The appeal shall state the grounds on which it
is based. An appeal filed by a tenant shall be
accompanied by a statement containing the names and
12
addresses of the tenants supporting the appeal. The
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
B. Upon filing of a valid appeal, the City
Administrative Officer shall obtain a list of no less
than seven (7) qualified hearing officers. The
hearing officer who previously acted shall not qualify.
Owners and tenant representatives may each delete one
person from the list of qualified hearing officers
within seven days, and three of the remaining persons
shall be selected by the City Administrative Officer as
the Appellate Panel. Appointment of the Appellate
Panel shall be completed no later than twenty -one (21)
days after filing the appeal.
C. At the time set for consideration of the appeal the
Appellate Panel shall review and consider the record of
the hearing officer's hearing as well as the decision
and finding of the hearing officer. After review and
consideration the Appellate Panel may either (1)
determine that a further hearing shall be held, or (2)
ratify and adopt the decision and findings of the
hearing officer. If a further hearing is conducted,
the Appellate Panel may upon conclusion of that hearing
and in no event more than thirty days thereafter,
modify or reverse the decision of the hearing officer,
only if the Appellate Panel finds that there has been
an abuse of discretion or that there is no substantial
evidence to support the hearing officer's decision.
Ord. 923 §1 (part) , 1982: prior code §4810) The
Appellate Panel's decision shall be final and no appeal
may be taken to Council.
D. If the party filing the appeal is unsuccessful,
then that party shall pay the Appellate Panel's
charges. If the responding party is unsuccessful, then
both parties and the City shall share equally in
payment of the Appellate Panel's charges..
13
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
A tenant may refuse to pay any increase in rent not
made in conformity with this chapter. Such refusal to
pay shall be a defense in any action brought to recover
possession of a mobile home space or to collect the
rent increase. (Ord. 923 §1 (part), 1982: prior code
4811)
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a mobile home space, the court
may consider as grounds for denial any violation of any
provision of this chapter. Further, the determination
that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 923 §1 (part), 1982:
prior code §4812)
5.44.140 Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part), 1982: prior code
4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Council.
5.44.142 Severability
If any portion of this Chapter is found to be invalid,
then that shall in no way affect the validity of the
remaining portions of this Chapter.
ord \mobile.rin (01/28/88)
14
ORDINANCE NO. 1 14 6 (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 5.44.040 (MOBILE HOME PARK OWNER EXEMPTIONS
UNDER 5.44.030(F)) AND, AMENDING SUBSECTION
5.44.060(B) (NOTICE RE PERCENTAGE CHANGE OF CPI)
OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Section 5.44.040 of the San Luis Obispo Municipal Code
is hereby amended to read as follows:
A. Any mobile home park owner claiming an exemption under Section
5.44.030(F) shall comply with the following requirements and procedures:
1) File with the City Clerk a statement setting forth the basic
facts upon which the claim for exemption rests such as total number
of spaces, number on long -term leases, identity of spaces on
long -term leases, expiration date for each long -term lease and any
other information determined necessary by the City Administrative
Officer to evaluate the claim.
2) The statement shall include a listing, by space number and
name, of each tenant not on a long -term lease and who would be
affected by the claim of exemption. In addition, the owner shall
provide proof of service that all tenants have been notified of the
claim of exemption and of the fact that a tenant may file an
objection within thirty days.
3)' The statements required to be filed above shall be confidential
and not public records unless and until a Hearing Officer determines
otherwise as necessary to conduct a hearing as set forth in
subsections (D) or (F) below.
1146
Ordinance No. 1146 (1989 Series)
Page Two
B. An objection to the claim of exemption may be filed with the
City Clerk within 30 days after the notice of claim has been served. The
objection shall state the grounds of the objection. The only acceptable
grounds for objection is that the owner in fact does not have 2/3 of the
spaces in the park on long -term leases.
C. If an acceptable and timely objection is received the owner and
the tenant(s) filing the objection shall meet and confer to negotiate in
good faith and attempt to reach an agreement. If no agreement is reached
within thirty days of the date of filing of the objection, the owner shall
within ten days notify the City Administrative Officer that an agreement
or resolution to the objection has not been reached. The City
Administrative Officer shall proceed to select a hearing officer as set
forth in Section 5.44.070(B)(2)(E).
D. The hearing officer shall set and conduct a hearing as set
forth in subsection 5.44.070(B)(2)(E) and (G). The hearing officer shall
determine if the claim of exemption is valid taking into account all
relevant evidence, facts and circumstances necessary to come to a
decision.
E. The hearing officer's charges shall be paid by the City.
F. An appeal may be taken from a decision of the hearing officer
as set forth in Section 5.44.110, including the obligation for the costs
of the appellate panel as set forth in subsection (D) thereof.
SECTION 2. Subsection 5.44.060(B)(2) is hereby amended to read as
follows:
2. At least every two months the City Administrative Officer shall
Ordinance No. 1 14 6 (1989 Series)
Page Three
publish by means of an advertisement, or similar notice, in the
newspaper the percentage change of the CPI allowed under this
Section B for the 12 month period immediately preceding the month
for which CPI information has been most recently published by the
appropriate federal agency.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the 18th
day of April ,
1989,
on motion of Councilmember Settle ,
seconded by
Councilmember
Rappa and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
Mayor Ron Dunin
ATTEST:
Deputy CITY CLERK Becki Austin
Ordinance No. 1146 (1989 Series)
Page Four
City Adm nistrative Officer
APPROVED:
City Adm'nistrative Officer
Acting CSth Attorhey
Finance Director
a
u '
Ordinance No. 1 146 ( 1989 Series)
FINALLY PASSED this 2nd day of Ma
19 89 on motion of Councilmember Settle , seconded by
Councilmember Rappa , and on the following roll call
vote:
AYES: Councilmembers, Settle, Rappa and Mayor Dunin
NOES: None
ABSENT: Vice Mayor Pinard and Councilmember Reiss
Mayor Ron Dunin
ATTEST:
n'
a
e
t
r
ORDINANCE NO. 1167 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060(C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE, ELIMINATING CERTAIN
RESTRICTIONS ON MOBILE HOME RENTAL ADJUSTMENTS
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
C. The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and wilfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobilehome
to the owner, his agent or representative.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 15th day of May, 1990
0 1167
ORDINANCE NO. 1167 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060(C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE, ELIMINATING CERTAIN
RESTRICTIONS ON MOBILE HOME RENTAL ADJUSTMENTS
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
C. The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and wilfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobilehome
to the owner, his agent or representative.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 15th day of May, 1990
0 1167
Ordinance No. 1167 (1990 Series)
Page Two
on motion of Councilman Roalman , seconded by
Councilwoman Pinard , and on the following roll call
vote:
AYES: Councilmembers Roalman, Pinard,:.Rappa and Reiss
NOES: None
ABSENT: Mayor Dunin
ayor Ron Dunin
ATT ST:
u
Cit Nclerk Pam oges
APPROVED:
City Adm nistrative Officer
Community lopment Director
9
Ordinance No. 1167
FINALLY PASSED this 6th day of June
19 90 on motion of Councilman Roalman , seconded by
Councilwoman Pinard
vote:
and on the following roll call
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
yor Ron Dunin
ATTEST:
City lerk Pam Vo s
ORDINANCE NO. 1173 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060 (C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE CONCERNING THE
ESTABLISHMENT OF FAIR MARKET RENT UPON THE
CHANGE OF OWNERSHIP OF A MOBILE HOME
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and willfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobile home
to the owner, his agent, or representative.
The owner shall use normal and prudent
business practices in establishing the new
fair market rent amount for each space. The
N
City Council recognizes that the ad hoc
establishment of a fair market rent amount for
any given space whenever there is a change of
ownership affecting a mobile home thereon can
lead to favoritism, discrimination, evasion of
0 1173
the rent stabilization ordinance, and
substantial economic uncertainty for both
buyers and sellers of mobil homes. Therefore,
the owners of each mobile home park shall
once, and not more than once at the beginning
of each calendar year, post for each space in
the park the new fair market rent amount which
will be established upon the change of
ownership during that calendar year for the
mobile home situated upon any given space.
The park owner shall provide said list to the
City Clerk, and shall post a copy of said list
in the office of the mobile home park. No
rent shall be imposed or collected in excess
of the provisions of said list.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the
City of San Luis Obispo at its meeting held on the 19th day of
June
It
1990, on motion of Councilman Roalman _,seconded
by Councilwoman Rappa , and on the following roll call
vote:
AYES: Councilmembers Roalman, Rappa, and Reiss
NOES: None
ABSENT • Councilwoman Pinard and Mayor Dunin
Mayor Ron Dunin
ATTEST: ('
City Cler Pam Voge
APPROVED:
City Administrative Officer
Ordinance No 1173
FINALLY PASSED this 3rd
19 90 on motion of Councilman Reiss
Councilwoman Pinard
vote:
AYES:
NOES:
ABSENT:
1
day of July
seconded by
and on the following roll call
Councilmembers Reiss, Pinard, Rappa, and Roalman
None
Mayor Dunin
f
Mayor Ron Dunin
ATTEST:
City Cl k Pam Vog
r
ORDINANCE NO. 1268 (1994 Series)
An Ordinance of the Council of the City of San Luis
Obispo Amending Chapter 5.44.060(E) of the San
Luis Obispo Municipal Code Relating to
Automatic Adjustments to Rent in Mobile Home Parks
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44.060(E) of the San Luis Obispo
Municipal Code is amended to read as follows:
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities, new
government- mandated services, garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by twelve,
less the percentage in the CPI index for the twelve -month
period. The quotient shall be allocated to the space
rent for each space in the park based on the amount the
space rent relates to total space rent for the park.
Automatic adjustments to rent authorized by this
paragraph E shall not be included in "base space rent"
for the purpose of determining CPI increases pursuant to
Section 5.44.060(B), but shall be considered as
additional rent. Notice of the increase shall be in
writing and shall be given as required by law no less
than sixty days prior to any such increase being
effective. The notice shall state the amount of the rent
increase, the new space rent, the amount of the total
increase in expenses and the nature of the expense. A
copy of the notice shall be given to the city
administrative officer. The city administrative officer
shall have the authority to resolve questions regarding
computation of the space rent increase based on this
section. There shall only be one such increase in any
twelve -month period.
SECTION 2. This ordinance, together with the names of
council members voting for and against, shall be published once in
full, at least three days prior to its final passage, in the
Telegram Tribune, a newspaper published and circulated in this
City. `The ordinance shall go into effect at the expiration of 30
days after its final passage.
Exhibit A
Ordinance No.
Page Two
1268 (1994 Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 19th day of July
1994, on motion of Vice Mayor Settle , seconded by
Council Member Rappa , and on the following roll call vote:
Aes• Vice Mayor Settle, Council Members Rappa and Roalman, and Mayor Pinard
I
Noes: None
Absent•Council Member Romeroo
Mayor ag Pinard
ClerIU, ..
j /
l
Ordinance No. 1268 (1994 Series)
FINALLY PASSED this 16th day of August , 1994, on motion
of Vice Mayor Settle ,seconded by
Council Member Roalman , and on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Rappa and Roalman, and Mayor. Pinard
NOES: None
ABSENT: Council Member Romero
Mayor PeglPinard
ATTEST:
t
i WCIerk Diane &adwell
I
k
s
fil
d
r
ORDINANCE NO. 1279 (1995 Series)
An Ordinance of the Council of the City of San Luis
Obispo Deleting Chapter 5.44.060(E) of the San
Luis Obispo Municipal Code Relating to
Automatic Adjustments to Rent in Mobile Home Parks
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44.060(E) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
E. Space rent may be automatically adjusted based on
increases or decreases in expenses for common area
utilities, new government- mandated services, garbage
service and cable television, where applicable, excluding
capital improvements or ongoing maintenance costs. The
space rent may be adjusted by dividing the total increase
or decrease in any such expenses incurred during a
twelve -month period by twelve, less the percentage in the
CPI index for the twelve -month period. The quotient
shall be allocated to the space rent for each space in
the park based on the amount the space rent relates to
total space rent for the park. Automatic adjustments to
rent authorized by this paragraph E shall not be included
in "base space rent" for the purpose of determining CPI
increases pursuant to Section 5.44.060(B), but shall be
considered as additional rent. Notice of the increase,
or decrease, shall be in writing and shall be given as
required by law no less than ninety days prior to any
such increase or decrease being effective. The notice
shall state the amount of the rent increase or decrease,
the new space rent, the amount of the total increase or
decrease in expenses and the nature of the expense. A
copy of the notice shall be given to the city
administrative officer. The city administrative officer
shall have the authority to resolve questions regarding
computation of the space rent increase or decrease based
on this section. There shall only be one such increase
or decrease in any twelve -month period.
SECTION 2. This ordinance, together with the names of
council members voting for and against, shall be published once in
full, at least three days* prior to its final passage, in the
Telegram Tribune, a newspaper published and circulated in this
City. The ordinance shall go into effect at the expiration of 30
days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 21st day of march
1
ti, 1 '7 Q
Ordinance No
Page Two
1279 (1995 Series)
1995, on motion of
Council I=:ember Roa]man
Council I'erber Smith
seconded by
and on the following roll call vote:
Ayes: Council Ilembers Srtith, Roalrian, Williars and I'ayor Settle
Noe s: none
Absent: Vice I'ayor Romero
Mayor Allen Settle
ATTEST:
DT dpL K
Clerk, Dia&Z Gladwell
FA5
Ordinance No. 1279 (1995 Series)
V
FINALLY PASSED this 4th day of April , 1995,
on motion of Council Member Smith , seconded by
Council Member Williams , and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, and Mayor Settle
NOES: None
ABSENT: Vice Mayor Romero
Ae I
Mayor Allen K. Settle
ATTEST:
0
Name Street City state Zip Service Address
Mobile Home Park MISSION PARK-SLO LLC 3480 S HIGUERA ST STE 130 SAN LUIS OBISPO CA 934017392 546 HIGUERA
Mobile Home Park VILLAGE PROPERTIES LLC 145 SOUTH ST SAN LUIS OBISPO CA 934015050 145 SOUTH
Mobile Home Park MATHEWS TRAILER PARK 3825 VALLEY BLVD WILLIAM G WILSON WALNUT CA 917891518 274 HIGUERA
Mobile Home Park OCEANAIRE MOBILE PARK 350 MEADOW GATE RD C/O BRENDA FENDERSON MEADOW VISTA CA 957229302 1121 ORCUTT
Mobile Home Park COLONIAL MANOR MOBILE 1760 ALRITA ST C/O DONALD SMEE SAN LUIS OBISPO CA 934014604 1255 ORCUTT
Mobile Home Park VALLE VISTA TRAILER PARK 2482 SEA HORSE LN GRETCHEN MORENO LOS OSOS CA 934024211 333 ELKS
Mobile Home Park ADAMS SCOTT 1380 BROAD ST STE 1 CALIFORNIA WEST SAN LUIS OBISPO CA 934013910 2994 HIGUERA S
Mobile Home Park HIDDEN HILLS MOBILODGE 1355 GROVE CT SAINT HELENA CA 945741146 650 TANK FARM
Mobile Home Park ELL-CAP 97-LAGUNA LAKE PO BOX 2440 C/O FACILITY IQ-MS 1440 SPOKANE WA 992102440 1801 PREFUMO CANYON
Mobile Home Park CHUMASH VILLAGE 3057 S HIGUERA ST SAN LUIS OBISPO CA 934016625 3057 HIGUERA S
Mobile Home Park ELL-CAP 97-LAGUNA LAKE PO BOX 2440 C/O FACILITY IQ-MS 1440 SPOKANE WA 992102440 1355 FAIRWAY
Mobile Home Park RANCHO SAN LUIS MOBILE PK 3395 S HIGUERA ST SPC 10 SAN LUIS OBISPO CA 934016933 3395 HIGUERA S
Mobile Home Park SILVER CITY MOBILE HME PK 22880 SAVI RANCH PKWY YORBA LINDA CA 928874610 3860 HIGUERA S
Mobile Home Park CREEKSIDE COMMUNITY 3960 S HIGUERA ST EDWIN J EVANS SAN LUIS OBISPO CA 934017461 3960 HIGUERA S
Mobile Home Park THE JANET S VAN ADELSBERG FAMILY TRUST PO BOX 11427 SANTA ANA CA 927111427 3500 BULLOCK
** Not all of these parks may qualify for rent stabilization. Parks that have been "condominiumized", where the underlying parcel is now privately owned, are not subject to rent stablilzation statutes.
1
From:Wilbanks, Megan
Sent:Thursday, March 25, 2021 12:36 PM
To:Fox, Sheryl
Subject:RE: Publication of the CPI
Hi Sheryl,
I publish those notices in The New Times every two months. The affidavits can be found in Laserfiche here:
CityClerk\Clerk Records - Oaths of Office, Ethics Training, Mobile Park Rent, Records Mgmt, Contracts\Mobile Park
Rent Stabilization CPI
From: Fox, Sheryl <shfox@slocity.org>
Sent: Thursday, March 25, 2021 12:18 PM
To: Wilbanks, Megan <mwilbanks@slocity.org>
Subject: Publication of the CPI
Hi Megan,
I am looking for some information for a memo that I am preparing for the city attorney regarding mobile home rent
stabilization. I spoke with Teresa P. and she indicated that you are the person responsible for publishing the CPI. Will
you tell me where and how often you are doing this? Thanks so much.
Sheryl Fox
Legal Assistant
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E shfox@slocity.org
T 805.781.7139
slocity.org
Stay connected with the City by signing up for e-notifications
For updates on COVID-19 and how to access City services during COVID, visit slocity.org/covid19
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
1
From:Bell, Kyle
Sent:Tuesday, March 30, 2021 3:46 PM
To:Fox, Sheryl
Cc:Cohen, Rachel
Subject:RE: mobile home question
Hey Sheryl,
Rachel Cohen has recently worked on a Mobile Home conversion site, I am CC’ing her on this email to see if she has
any insight into your questions.
Kyle Bell
CDD Associate Planner
T 805.781.7524
From: Fox, Sheryl <shfox@slocity.org>
Sent: Tuesday, March 30, 2021 1:34 PM
To: Bell, Kyle <KBell@slocity.org>
Subject: mobile home question
Hi Kyle,
This may not be in your purview at all, but because mobile home rent conversion is a hot topic right now, I am hoping
you may have some background information or be able to direct me to where I might find it. I am trying to determine
which of the 16 parks in the city are subject to rent stabilization. I know that Chumash Village is not because it has
been converted to condominium lots. Also I believe one of the projects was converted to affordable housing (modular
units). I have searched thru Laserfiche and online and I can’t seem to come up with a definitive answer. Any help you
may be able to provide will be appreciated.
Sheryl Fox
Legal Assistant
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E shfox@slocity.org
T 805.781.7139
slocity.org
Stay connected with the City by signing up for e-notifications
For updates on COVID-19 and how to access City services during COVID, visit slocity.org/covid19
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
2
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
1
From:Fox, Sheryl
Sent:Wednesday, October 6, 2021 5:00 PM
To:ridingblues@gmail.com
Subject:Rent Stabilization Information
Attachments:Code 5.44.060, Base space rent—Determination—Allowable increases without hearing.pdf; 5. CPI
for May 2021.pdf; 3. CPI for March 2021.pdf; 1. CPI for January 2021.pdf
Good afternoon Mr. Davis,
Please find the attached. Please feel free to contact me if I can be of further assistance.
Sheryl Fox
Legal Assistant
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E shfox@slocity.org
T 805.781.7139
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
1010 Marsh St., San Luis Obispo, CA 93401
805) 546.8208 . FAX (805) 546.8641
PROOF OF PUBLICATION
2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the Nero Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed cop),
set in type nor smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
The following dates, to -wit:
Mha, k1
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Ca4'fornia, this day
off ,I a 2021.
Patricia Horton, New Times Legals
Proof of Publication of
0 CONSUMER INDEX
The San Luis Obispo Municipal Code Chapter 5."
entitled "Mobile Home Park Rent Stabilization'
requiresthat the monthy Consumer Price Index (CPI) percentage (%
I be published as a basis for establishing rentincreases. The monthly space rent in mobile home parks
may not be Increased more than once each year basedontheCPI % change, or 9%, whichever is less. The
CPI monthly data for Los Angeles, Long Beach and Anaheim
is used for San Luis Obispo. January
2021 PERCENT
CHANGE Year
Ending 1-Month Ending Decemblu
January Januan, 2020
2021 2021 1.
5 o.9 0.2 For
further information regarding the CPI %, please contact
the CPI Hotline at (415) 625-2270. Teresa
Purrington City
Clerk City
of San Luis Obispo March
11, 2021 Mm,,
Y Penm,V. NTMG Td INWG Nm IfP:00"f P"k
1010 Marsh St., San Luis Obispo, CA 93401
805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
l
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
I S of
I '
2021.
F y
Patricia Horton, New Times Legals
Proof of Publication of
0 CONSUMER INDEX
The San Luis Obispo Municipal Code Chapter 5.44
entitled "Mobile Home Park Rent Stabilization"
requires that the monthly Consumer Price Index (CPI)
percentage I%I be published as a basis for establishing
rent increases. The monthly space rent in mobile home
parks may not be increased more than once each year
based on the CPI % change, or 9%, whichever is less.
The CPI monthly data for Los Angeles, Long Beach and
Anaheim is used for San Luis Obispo.
March 2021
PERCENTCHANGE
Year Ending 1-Month Ending
Fabruar, March March
2021 2021 2021
1.0 2.2 0.5
For further information regarding the CPI %, please
contact the CPI Hotline at (415) 626-2270.
Teresa Punington
City Clerk
City of San Luis Obispo
May 13, 2021
1m &P,n 1/.NTYG A4m /NT GU4m/BUS1NrSS1NWu N.,,WnWfdNb
1010 Marsh St., San Luis Obispo, CA 93401
805) 546-8208 . FAX (805) 546.8641
PROOF OF PUBLICATION
2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1.993, Case number CV72789: that
notice of which the annexed is a printed copy
set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, ro-wit:
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, qalifiornia, this day
15 of 2021.
s Gti
Patricia Horton, New Times Legals
Proof of Publication of
ANK CONSUMER INDEX
The San Luis Obispo Municipal Code Chapter 5.44entitled "Mobile Home Park Rent Stabilization" requires that the monthly Consumer Price Index (CP0
percentage (%) be published as a basis for establishingrentincreases. The monthly space rent in mobile home
parks may not be increased more than once each yearbasedontheCPI % change, or 9%, whichever is less. The CPI monthly data for Los Angeles, Lang Beach and
Anaheim is used for San Luis Obispo,
May 2021
PERCENT CHANGE
year Ending 1•Morndn Ending
AD111 malt mat(
2021 2021 2021
3.6 3.9 0.6
For further information regarding the CPI %, please
contact the CPI Hotline at (415) 625,2270.
Teresa Purrington
City Clerk
City of San Luis Obispo
1,-, & Penm,V. NTMG M—INTNIG CV—/MJ'SINFSSRUN.a Nor—M—C d Nb
4
5.44.060 Base space rent—Determination—Allowable increases without
hearing.
A. The “base space rent” for purposes of this chapter shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to this chapter. The maximum monthly space rent for any
space under a lease, upon expiration of the lease, shall be no more than the rent charged in the last month of said
lease. In parks where there is an exemption because 66.67 percent of the spaces are governed by a lease with an
initial term of no less than one year, then the maximum monthly space rent shall be the space rent designated in
leases for comparable spaces. A schedule of current rents in the park shall be posted in a conspicuous place in the
park.
B. Except as otherwise provided in this chapter, the maximum monthly space rent may be increased no more
than once a year based on the percentage change in the CPI, or nine percent, whichever is less, calculated as
follows:
1. The maximum monthly space rent may be increased at a rate equal to one hundred percent of the CPI up
to five percent and seventy-five percent of the CPI in excess of five percent calculated as follows:
a. The change in space rent shall be calculated by dividing the ending CPI index by the beginning CPI
index.
b. If the resulting quotient is less than 1.05, then it shall be multiplied by the space rent. The resulting
product shall be the new space rent.
c. If the resulting quotient is greater than 1.05, then the difference between the resulting product and
1.05 shall be multiplied by seventy-five percent. The resulting product shall be multiplied by the space
rent and that product shall be added to the sum derived from Section 5.44.060(B)(1)(b) above. The sum
shall be the new space rent.
d. The beginning CPI index shall be the index for the month used as the ending index for the last CPI
adjustment.
e. The ending CPI index shall be the index for the month twelve months after the beginning index.
2. At least every two months the city administrative officer shall publish, by means of an advertisement or
similar notice in the newspaper, the percentage change of the CPI allowed under this subsection B for the
twelve-month period immediately preceding the month for which CPI information has been most recently
published by the appropriate federal agency.
3. It is the intention of this subsection B to allow for automatic increases in space rent based on changes in
the cost of living as measured by the CPI. The limitations on such increases are intended to minimize the
immediate impact drastic changes in the CPI might have on residents. The limitations are not intended to
prevent ultimate adjustments to allow owners to receive a fair return on their property.
5.44.060 Base space rent—Determination—Allowable increases without hearing | San Luis Obispo Municipal
Code
Page 1 of
3
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
C. The maximum monthly space rent of a tenant may be increased by the owner when there is a change of
ownership affecting a mobile home. However, such increase shall not exceed ten percent of the then existing
space rent and may not be relied upon any more often than once in any thirty-six-month period as the basis to
increase rent. In the event of change of ownership resulting from subletting of the mobile home space as may be
allowed by state law, should such become state law, then upon any such subletting the space rent may be
increased up to ten percent of the then existing space rent. In the event of change of ownership resulting from
vacation of the space, then the space rent may be adjusted to fair market rent in the community. Nothing in this
paragraph shall preclude an adjustment as may otherwise be provided for in this chapter.
D. No owner shall either (1) demand, accept or retain a rent of or from a tenant in excess of the maximum rent
permitted by this chapter, or (2) effect a prohibited rent increase by a reduction of general park facilities and
services. However, an owner may modify the nature of park services if reasonable allowance is provided to the
tenant. For example, if the owner elects to submeter water so that tenants pay for water consumed by them, then
tenants shall receive a reasonable reduction from their base space rent.
E. Space rent may be automatically adjusted based on increases or decreases in expenses for common area
utilities, new government-mandated services, garbage service and cable television, where applicable, excluding
capital improvements or ongoing maintenance costs. The space rent may be adjusted by dividing the total
increase or decrease in any such expenses incurred during a twelve-month period by twelve, less the percentage
in the CPI index for the twelve-month period. The quotient shall be allocated to the space rent for each space in
the park based on the amount the space rent relates to total space rent for the park. Automatic adjustments to
rent authorized by this paragraph E shall not be included in “base space rent” for the purpose of determining CPI
increases pursuant to Section 5.44.060(B), but shall be considered as additional rent. Notice of the increase, or
decrease, shall be in writing and shall be given as required by law no less than ninety days prior to any such
increase or decrease being effective. The notice shall state the amount of the rent increase or decrease, the new
space rent, the amount of the total increase or decrease in expenses and the nature of the expense. A copy of the
notice shall be given to the city administrative officer. The city administrative officer shall have the authority to
resolve questions regarding computation of the space rent increase or decrease based on this section. There shall
only be one such increase or decrease in any twelve-month period. (Ord. 1279 § 1, 1995; Ord. 1268 § 1, 1994; Ord.
1226 § 2, 1992; Ord. 1173 § 1, 1990; Ord. 1167 § 1, 1990; Ord. 1146 § 2, 1989: Ord. 1117 (part), 1988)
5.44.060 Base space rent—Determination—Allowable increases without hearing | San Luis Obispo Municipal
Code
Page 2 of
3
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
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Code Publishing Company
5.44.060 Base space rent—Determination—Allowable increases without hearing | San Luis Obispo Municipal
Code
Page 3 of
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The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
1
From:Fox, Sheryl
Sent:Wednesday, October 20, 2021 2:15 PM
To:
Subject:RE: Rent Stabilization Information
Attachments:1268.pdf; 1279.pdf; 1173.pdf; 1226.pdf; 1167.pdf; 1146.pdf; 1117.pdf
Good Afternoon Mr. Davis,
Please find the attached per your request.
From: Fox, Sheryl
Sent: Wednesday, October 6, 2021 5:00 PM
To: ridingblues@gmail.com
Subject: Rent Stabilization Information
Good afternoon Mr. Davis,
Please find the attached. Please feel free to contact me if I can be of further assistance.
Sheryl Fox
Legal Assistant
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E shfox@slocity.org
T 805.781.7139
slocity.org
Stay connected with the City by signing up for e-notifications
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0
ORDINANCE 1117 (1988 SERIES)
s
ADOPTED BY THE PEOPLE AT THE JUNE 7, 1988, SPECIAL
MUNICIPAL ELECTION.
MEASURE D - MOBILEHOME RENT REGULATIONS
REPLACED CHAPTER 5.44 OF THE MUNICIPAL CODE
ADOPTED BY RES. 6391 (1988 Series) on 2/2/88
0 1117
January 28, 1988
Chapter 5.44
MOBILE HOME PARK RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed.)
5.44.050 City Council -- Powers and duties.
5.44.060 Base space rent -- Determination -- Allowable
increases without hearing
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
5.44.080 Application for rent adjustment -- Conduct of
hearing.
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
5.44.100 Application for rent adjustment -- Hearing--
Determina-
tion.
5.44.110 Application for rent increase -- Hearing -- Appeal.
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
B. Mobile home tenants, forced by the lack of suitable
alternative housing, have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and
the substantial investment of mobile home owners in
such homes, this council finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional amenities, and other costs of
operation, and to receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part), 1982: prior code
4800)
5.44.020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home park, that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
E
i
provided, that this definition shall be limited to
capital improvements approved by more than fifty
percent of the tenants in the affected park.
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D. (Repealed)
D. "Mobile home tenant" or "tenant" means any person
entitled to occupy a mobile home within a mobile home
park pursuant to ownership of the mobile home or under
a rental or lease agreement with the owner of the
mobile home.
E. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility, or to
maintain existing improvements in a safe and usable
condition, or to repair damage resulting from fire,
earthquake or other casualty.
F. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit. Ord. 923 §1 (part), 1982: prior code §4801)
G. "Change of ownership" means the sale, rental
transfer, or exchange of a mobile home subject to the
provisions of this chapter excepting the transfer to
tenant's spouse by gift, bequest or devise.
H. "Hearing Officer" means the duly appointed
hearing officer selected from a panel of qualified
hearing officers. A hearing officer shall have no
financial interest in either a mobile home park or
a mobile home nor have been a resident of nor
reside in a mobile home park.
I. "Appellate Panel" means a panel of three qualified
hearing officers. A panelist shall have no financialinterestineitheramobilehomeparkoramobilehome
nor have been a resident of nor reside in a mobile home
park.
3
J. "CPI" shall be the Consumer Price Index (1967 =100)
All Items, All Urban Consumers, *for the Los
Angeles/ Long Beach /Riverside standard metropolitan
statistical area published by the Bureau of Labor
Statistics, United States Department of Labor. If the
CPI is not hereafter published, then any substitute
index, or, if none, then the index most closely
resembling the CPI shall become the new CPI.
K. "Qualified Hearing Officer ". The City
Administrative Officer shall maintain a list of
available qualified hearing officers. Qualified
hearing officers shall be persons experienced in
financial and accounting methods with knowledge of
mediation process and rules of evidence.
5.44.030 Exemptions.
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which
provide for a tenancy of more than a year, but onlyforthedurationofsuchleaseorcontract. Upon the
expiration of or other termination of any such lease or
contract, this chapter shall immediately be applicable
to the tenancy. No rent increases other than that
allowed under the provisions of the lease, shall be
allowed during the duration of such a lease or
contract.
F. Spaces in a mobile home park
66.67% of said spaces are governed
initial term of more than one year.
G. Mobile home parks which sell
built or manufactured housing,
n
in which at least
by a lease with an
lots for factory -
or which provide
condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
Ord. 923 §1 (part), 1982: prior code §4802)
5.44.040 (Repealed)
5.44.050 City Council -- Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter;
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
C. To adopt, promulgate, amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent - - -- Allowable increases without
hearing.
A.' The "base space rent" for purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease, upon expiration of the lease
shall be no more than the rent charged in the last
month of said lease. In parks where there is an
exemption because 66.67% of the spaces are governed by
a lease with an initial term of no less than one year,
then the maximum monthly space rent shall be the space
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park.
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
5
CPI, or 9 %, whichever is less, calculated as follows:
1. The maximum monthly space rent may be increased at
a rate equal to 100 percent (100 %) of the CPI up to 5
percent (5 %) and 75 percent (75 %) of the CPI in excess
of 5 percent (5 %) calculated as follows:
a. The change in space rent shall be calculated
by dividing the ending CPI index by the beginning
CPI index.
b. If the resulting quotient is less than 1.05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
c. If the resulting quotient is greater than
1.05, then the difference between the resulting
product and 1.05 shall be multiplied by 75
percent. The resulting product shall be
multiplied by the space rent and that product
shall be added to the sum derived from 5.44.060
B.2 above. The sum shall be the new space rent.
d. The beginning CPI index shall be the index
for the month used as the ending index for the
last CPI adjustment.
e. The ending CPI index shall be the index for
the month twelve months after the beginning index.
2. Each month the City Administrative Officer shall
publish the percentage change of the CPI allowed under
this Section B for the 12 -month period immediately
preceding the month for which CPI information has been
most recently published.
3. It is the intention of this paragraph 5.44.060 B
to allow for automatic increases in space rent based
on changes in the cost of living as measured by the
CPI. The limitations on such increases are intended to
minimize the immediate impact drastic changes in the
CPI might have on residents. The limitations are not
intended to prevent ultimate adjustments to allow
owners to receive a fair return on their property.
C. The maximum monthly space rent of a tenant may beincreasedbytheownerwhenthereisachangeof
ownership affecting a mobile home. However, such
increase shall not exceed 10% of the then existing
space rent and may not be- relied upon any more often
0
than once in any 36 -month period as the basis to
increase rent. In the event of change of ownership
resulting from subletting of the mobilehome space as
may be allowed by State law, should such become State
law, then upon any such subletting then the space rent
may be increased up to 10% of the then - existing space
rent. In the event of change of ownership resulting
from vacation of the space, then the space rent may be
adjusted to fair market rent in the community.
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase by a reduction of general park
facilities and services. However, an owner may modify
the nature of park services if reasonable allowance is
provided to the tenant. For example, if the owner
elects to submeter water so that tenants pay for water
consumed by them, then tenants shall receive a
reasonable reduction from their base space rent. (Ord.
1079 §1, 1986; Ord. 1020 §1, 1984: Ord. 923 §1 (part),
1982: prior code §4805)
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities; new
government mandated services; garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by
twelve, less the percentage in the CPI index for the
twelve -month period. The quotient shall be allocated
to the space rent for each space in the park based on
the amount the space rent relates to total space rent
for the park. Notice of the increase shall be in
writing and shall be given as required by law no less
than 60 days prior to any such increase being
effective. The notice shall state the amount of the
rent increase, the new space rent, the amount of the
total increase in expenses and the nature of the
expense. A copy of the notice shall be given to the
City Administrative Officer. The City Administrative
Officer shall have the authority to resolve questions
regarding computation of the space rent increase based
on this section. There shall only be one such increase
in any twelve -month period.
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
A. Except for automatic
under Section 5.44.060,
with the City Clerk
7
increases in base rent allowed
an owner or tenant may file
an application for a rent
adjustment ( "application "). The application shall
state the amount of the adjustment for each space
affected and the reasons for the adjustment.
1. An application shall be accompanied by the
payment of a fee as may be established from time
to time by the council.
2. An application filed by an owner shall be
accompanied by a statement stating that the tenant
for each space affected has been served either
personally or by mail with a notice describing the
application and the change in rent or services.
3. An application filed by a tenant shall be
accompanied with a statement stating that the
owner has been either personally or by mail served
with the application and with a statement
designating not more than three persons to act as
representatives for the spaces affected and
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the application and supporting the
application and established by a secret election.
4. A statement shall accompany the application
and shall notify the receiving party that he /she
has 30 days to file an objection and if one is not
filed within the time allowed, then the
application will be automatically granted.
B. An objection to the application may be filed with
the City Clerk within 30 days after the notice of
application has been served. The objection shall
identify the portions of the application objected to
and shall state the grounds of the objection.
1. A copy of an objection filed by an owner shalom
be mailed to each of the designated tenant
representatives.
2. A copy of an objection filed by a tenant shall
be mailed to the owner. The tenant's objection
shall designate not more than three persons to act
as representatives for the objecting tenants. The
objection must be accompanied by a statement
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the owners application and verifying
that they object to the application, established
by secret ballot election.
C. If no objection is filed to an application within
the time allowed, or if less than 51% of the tenants
support an objection to an application, then the
application will be automatically granted.
D. If an objection is filed within the time provided,
then the owner and the tenant representatives shall
meet and confer to negotiate in good faith an agreement
regarding the application. Either party may request a
mediator of their choice to assist in the negotiations,
but this is not required. If an agreement is reached
within 60 days, then the tenant representatives shall
notify all tenants affected by the agreement. The
tenants shall have 10 days to approve or disapprove of
the agreement. If tenants representing a majority ofthespacesaffectedfailtodisapproveof. the
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shallbenotifiedthatanagreementhasbeenreached. The
statements made in negotiations and any agreements
reached but not approved shall not be admissible in any
subsequent hearings regarding the'application.
E. If the owner and the tenant representatives fail to
reach an agreement within the time provided or if a
majority of the tenants disapprove of an agreement
reached, then the applicant shall within 10 days notifytheCityAdministrativeOfficerthatanagreementhas
not been reached. The City Administrative Officer
shall obtain a list of no less than five (5) qualified
hearing officers. Owners and tenants may each delete
one person from the list of qualified hearing officers
within seven (7) days and one of the remaining persons
shall be selected by the City Administrative Officer as
the hearing officer. Appointment of the hearingofficershallbecompletednolaterthantwenty -onedaysafterfilingofthenoticethatanagreementhas
not been reached.
F. The hearing officer shall set a hearing on the
application complying with the requirements of this
section no less than ten days and no more than thirtydaysafterhisappointment. The hearing officer
shall notify the owner and tenants, in writing, of the
time, place and date set for the hearing. No hearing
or any part hereof may be continued beyond thirty days
after the initial hearing date, without the applicant's
consent. If the hearing officer approves an
application as requested or as modified, the same shall
D
take effect as noticed by the owner or as the hearing
officer may otherwise direct. (Ord. 1077 §2, 1986;
Ord. 923 §1 (part), 1982: prior code §4806)
5.44.080 Application for rent adjustment -- Conduct of
hearing.
A. All review hearings conducted by the hearing
officer shall be conducted in accordance with the Ralph
M. Brown Act, at Section 54950 et seq. of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other person as may
be designated by the parties in presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the hearing officer may hear and
review such evidence as may be presented and make such
decisions as if all parties had been present.
D. Owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
1 (part), 1982: prior code §4807)
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
In evaluating the application the hearing officer may
consider, along with all other factors it considers
relevant, changes in costs to the owner attributable to
increases or decreases in master land and /or facilities
lease rent, utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee
costs, normal repair and maintenance, and other
considerations, including, but not limited to,
rehabilitation work, capital improvements, upgrading
and addition of amenities or services, net operating
income, and the level of rent necessary to permit a
just and reasonable return on the owner's property.
10
r
fi
Ord. 923 §1 (part), 1982: prior code § 4808)
A. In applying the foregoing factors, the hearing
officer shall utilize the maintenance of net operating
income (MNOI) formula. Under the MNOI allowable gross
rents are calculated as follows: All operating
expenses for the twelve -month period ending December
31, 1981 are subtracted from all operating expenses for
the twelve -month period immediately preceding the date
of the application for which expense data is available.
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve -month period reasonably close to December 31,
1981 may be substituted. The difference shall be added
to gross annual rent based on rental rates in effect on
March 15, 1982. The sum shall be the allowable gross
annual space rent. The allowable gross space rent
shall be fairly apportioned between all spaces in the
park. The space rent determined under the MNOI formula
shall be adjusted as follows:
1. There shall be an adjustment to allow for
inflation calculated as follows. The net
operating income (NOI) for the base period shall
be calculated by subtracting the park's operating
expenses for the twelve -month period ending
December 31, 1982, from the park's annual gross
space rent based on the space rent in effect on
March 15, 1982. The CPI index for the month most
recently available prior to filing the application
shall be divided by the CPI index for March, 1982.
The resulting quotient shall be multiplied by the
base period NOI. This shall be the adjusted NOI.
The operating expenses for the twelve -month period
immediately preceding the date of the application
for which information is available shall be added
to the adjusted NOI. The sum shall be the
inflation adjusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adjusted for inflation.
2. In calculating MNOI there shall be an
adjustment to the gross space rent in effect on
March 15, 1982, if the hearing officer determines
that the gross space rent in effect on that date
did not allow the owner to receive a just and
reasonable return on his property.
3. If the hearing officer concludes that the MNOI
formula, and the adjustments thereto, does not
provide a just and reasonable return to the owner,
11
then the hearing officer may apply any reasonable
formula, including a return on investment, a
return on fair market value, or return on equity,
to determine a space rent which will allow the
owner to receive a fair and reasonable return on
his property.
B. The hearing officer shall not consider income
arising from spaces leased in the park pursuant to
5.44.030(E) of this chapter. Likewise, the hearing
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44.100 Application for rent adjustment-- Hearing --
Determination.
A. The hearing officer shall make a final decision no
later than twenty days after the conclusion of its
hearing. The hearing officer's decision shall be based
on the preponderance of the evidence submitted at the
hearing. The decision shall be based on findings. All
parties to the hearing shall be advised by mail of the
hearing officer's decision and findings.
B. Pursuant to its findings, the hearing officer may:
1. Permit the requested adjustment to become
effective, in whole or in part; or
2. Deny the requested adjustment; or
3. Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the hearing officer shall be final
unless, within fifteen days after mailing of the
decision and findings the owner or any affected tenant
appeals the decision. (Ord. 923 §1 (part), 1982; prior
code §4809)
D. The hearing officer's charges shall be paid by the
City.
5.44.110 Application for rent adjustment -- Appeal -- Hearing.
A. Any appeal from a decision of the hearing officer
shall be filed with the City Clerk. The appellant
shall also mail a copy of the appeal to the responding
party. The appeal shall state the grounds on which it
is based. An appeal filed by a tenant shall be
accompanied by a statement containing the names and
12
addresses of the tenants supporting the appeal. The
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
B. Upon filing of a valid appeal, the City
Administrative Officer shall obtain a list of no less
than seven (7) qualified hearing officers. The
hearing officer who previously acted shall not qualify.
Owners and tenant representatives may each delete one
person from the list of qualified hearing officers
within seven days, and three of the remaining persons
shall be selected by the City Administrative Officer as
the Appellate Panel. Appointment of the Appellate
Panel shall be completed no later than twenty -one (21)
days after filing the appeal.
C. At the time set for consideration of the appeal the
Appellate Panel shall review and consider the record of
the hearing officer's hearing as well as the decision
and finding of the hearing officer. After review and
consideration the Appellate Panel may either (1)
determine that a further hearing shall be held, or (2)
ratify and adopt the decision and findings of the
hearing officer. If a further hearing is conducted,
the Appellate Panel may upon conclusion of that hearing
and in no event more than thirty days thereafter,
modify or reverse the decision of the hearing officer,
only if the Appellate Panel finds that there has been
an abuse of discretion or that there is no substantial
evidence to support the hearing officer's decision.
Ord. 923 §1 (part) , 1982: prior code §4810) The
Appellate Panel's decision shall be final and no appeal
may be taken to Council.
D. If the party filing the appeal is unsuccessful,
then that party shall pay the Appellate Panel's
charges. If the responding party is unsuccessful, then
both parties and the City shall share equally in
payment of the Appellate Panel's charges..
13
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
A tenant may refuse to pay any increase in rent not
made in conformity with this chapter. Such refusal to
pay shall be a defense in any action brought to recover
possession of a mobile home space or to collect the
rent increase. (Ord. 923 §1 (part), 1982: prior code
4811)
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a mobile home space, the court
may consider as grounds for denial any violation of any
provision of this chapter. Further, the determination
that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 923 §1 (part), 1982:
prior code §4812)
5.44.140 Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part), 1982: prior code
4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Council.
5.44.142 Severability
If any portion of this Chapter is found to be invalid,
then that shall in no way affect the validity of the
remaining portions of this Chapter.
ord \mobile.rin (01/28/88)
14
ORDINANCE NO. 1 14 6 (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 5.44.040 (MOBILE HOME PARK OWNER EXEMPTIONS
UNDER 5.44.030(F)) AND, AMENDING SUBSECTION
5.44.060(B) (NOTICE RE PERCENTAGE CHANGE OF CPI)
OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Section 5.44.040 of the San Luis Obispo Municipal Code
is hereby amended to read as follows:
A. Any mobile home park owner claiming an exemption under Section
5.44.030(F) shall comply with the following requirements and procedures:
1) File with the City Clerk a statement setting forth the basic
facts upon which the claim for exemption rests such as total number
of spaces, number on long -term leases, identity of spaces on
long -term leases, expiration date for each long -term lease and any
other information determined necessary by the City Administrative
Officer to evaluate the claim.
2) The statement shall include a listing, by space number and
name, of each tenant not on a long -term lease and who would be
affected by the claim of exemption. In addition, the owner shall
provide proof of service that all tenants have been notified of the
claim of exemption and of the fact that a tenant may file an
objection within thirty days.
3)' The statements required to be filed above shall be confidential
and not public records unless and until a Hearing Officer determines
otherwise as necessary to conduct a hearing as set forth in
subsections (D) or (F) below.
1146
Ordinance No. 1146 (1989 Series)
Page Two
B. An objection to the claim of exemption may be filed with the
City Clerk within 30 days after the notice of claim has been served. The
objection shall state the grounds of the objection. The only acceptable
grounds for objection is that the owner in fact does not have 2/3 of the
spaces in the park on long -term leases.
C. If an acceptable and timely objection is received the owner and
the tenant(s) filing the objection shall meet and confer to negotiate in
good faith and attempt to reach an agreement. If no agreement is reached
within thirty days of the date of filing of the objection, the owner shall
within ten days notify the City Administrative Officer that an agreement
or resolution to the objection has not been reached. The City
Administrative Officer shall proceed to select a hearing officer as set
forth in Section 5.44.070(B)(2)(E).
D. The hearing officer shall set and conduct a hearing as set
forth in subsection 5.44.070(B)(2)(E) and (G). The hearing officer shall
determine if the claim of exemption is valid taking into account all
relevant evidence, facts and circumstances necessary to come to a
decision.
E. The hearing officer's charges shall be paid by the City.
F. An appeal may be taken from a decision of the hearing officer
as set forth in Section 5.44.110, including the obligation for the costs
of the appellate panel as set forth in subsection (D) thereof.
SECTION 2. Subsection 5.44.060(B)(2) is hereby amended to read as
follows:
2. At least every two months the City Administrative Officer shall
Ordinance No. 1 14 6 (1989 Series)
Page Three
publish by means of an advertisement, or similar notice, in the
newspaper the percentage change of the CPI allowed under this
Section B for the 12 month period immediately preceding the month
for which CPI information has been most recently published by the
appropriate federal agency.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the 18th
day of April ,
1989,
on motion of Councilmember Settle ,
seconded by
Councilmember
Rappa and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
Mayor Ron Dunin
ATTEST:
Deputy CITY CLERK Becki Austin
Ordinance No. 1146 (1989 Series)
Page Four
City Adm nistrative Officer
APPROVED:
City Adm'nistrative Officer
Acting CSth Attorhey
Finance Director
a
u '
Ordinance No. 1 146 ( 1989 Series)
FINALLY PASSED this 2nd day of Ma
19 89 on motion of Councilmember Settle , seconded by
Councilmember Rappa , and on the following roll call
vote:
AYES: Councilmembers, Settle, Rappa and Mayor Dunin
NOES: None
ABSENT: Vice Mayor Pinard and Councilmember Reiss
Mayor Ron Dunin
ATTEST:
n'
a
e
t
r
ORDINANCE NO. 1167 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060(C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE, ELIMINATING CERTAIN
RESTRICTIONS ON MOBILE HOME RENTAL ADJUSTMENTS
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
C. The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and wilfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobilehome
to the owner, his agent or representative.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 15th day of May, 1990
0 1167
ORDINANCE NO. 1167 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060(C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE, ELIMINATING CERTAIN
RESTRICTIONS ON MOBILE HOME RENTAL ADJUSTMENTS
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
C. The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and wilfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobilehome
to the owner, his agent or representative.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 15th day of May, 1990
0 1167
Ordinance No. 1167 (1990 Series)
Page Two
on motion of Councilman Roalman , seconded by
Councilwoman Pinard , and on the following roll call
vote:
AYES: Councilmembers Roalman, Pinard,:.Rappa and Reiss
NOES: None
ABSENT: Mayor Dunin
ayor Ron Dunin
ATT ST:
u
Cit Nclerk Pam oges
APPROVED:
City Adm nistrative Officer
Community lopment Director
9
Ordinance No. 1167
FINALLY PASSED this 6th day of June
19 90 on motion of Councilman Roalman , seconded by
Councilwoman Pinard
vote:
and on the following roll call
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
yor Ron Dunin
ATTEST:
City lerk Pam Vo s
ORDINANCE NO. 1173 (1990 Series)
AN ORDINANCE AMENDING SECTION 5.44.060 (C) OF THE
SAN LUIS OBISPO MUNICIPAL CODE CONCERNING THE
ESTABLISHMENT OF FAIR MARKET RENT UPON THE
CHANGE OF OWNERSHIP OF A MOBILE HOME
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1: Section 5.44.060(C) of the San Luis Obispo
Municipal Code is amended to read as follows:
The maximum monthly space rent of a tenant may
be increased by the owner when there is a
change of ownership affecting a mobile home.
Provided, however, it shall be unlawful and a
violation of this Chapter for an owner to
intentionally and willfully increase the
monthly space rent of a tenant above the fair
market rent in the community for the purpose
of forcing the tenant to sell his mobile home
to the owner, his agent, or representative.
The owner shall use normal and prudent
business practices in establishing the new
fair market rent amount for each space. The
N
City Council recognizes that the ad hoc
establishment of a fair market rent amount for
any given space whenever there is a change of
ownership affecting a mobile home thereon can
lead to favoritism, discrimination, evasion of
0 1173
the rent stabilization ordinance, and
substantial economic uncertainty for both
buyers and sellers of mobil homes. Therefore,
the owners of each mobile home park shall
once, and not more than once at the beginning
of each calendar year, post for each space in
the park the new fair market rent amount which
will be established upon the change of
ownership during that calendar year for the
mobile home situated upon any given space.
The park owner shall provide said list to the
City Clerk, and shall post a copy of said list
in the office of the mobile home park. No
rent shall be imposed or collected in excess
of the provisions of said list.
SECTION 2. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the
City of San Luis Obispo at its meeting held on the 19th day of
June
It
1990, on motion of Councilman Roalman _,seconded
by Councilwoman Rappa , and on the following roll call
vote:
AYES: Councilmembers Roalman, Rappa, and Reiss
NOES: None
ABSENT • Councilwoman Pinard and Mayor Dunin
Mayor Ron Dunin
ATTEST: ('
City Cler Pam Voge
APPROVED:
City Administrative Officer
Ordinance No 1173
FINALLY PASSED this 3rd
19 90 on motion of Councilman Reiss
Councilwoman Pinard
vote:
AYES:
NOES:
ABSENT:
1
day of July
seconded by
and on the following roll call
Councilmembers Reiss, Pinard, Rappa, and Roalman
None
Mayor Dunin
f
Mayor Ron Dunin
ATTEST:
City Cl k Pam Vog
r
ORDINANCE NO. 1226 (1992 Series)
An Ordinance of the Council of the City of San Luis
Obispo Amending Chapter 5.44 of the San Luis Obispo
Municipal Code and Section 5.44.060C Relating
to Space Rent Increases in Mobile Home Parks
Upon Change of Ownership
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44.010 of the San Luis Obispo Municipal
Code is amended to read as follows:
5.44.010 Purpose and intent.
A. There is presently within the city
and the surrounding areas a shortage of spaces
for the location of mobile homes. Because of
this shortage, there is a very low vacancy
rate, and rents have been for several years,
and are presently, rising rapidly and causing
concern among a substantial number of San Luis
Obispo residents.
B. Mobile home tenants, forced by the
lack of suitable alternative housing, have had
to pay the rent increases and thereby suffer a
further reduction in their standard of living.
C. Because of the high cost and
impracticability of moving mobile homes, the
potential for damage resulting therefrom, the
requirements relating to the installation of
mobile homes, including permits, landscaping
and site preparation, the lack of alternative
homesites for mobile home residents, and the
substantial investment of mobile home owners
in such homes, this council finds and declares
it necessary to protect the owners and
occupiers of mobile homes from unreasonable
rent increases, while at the same time
recognizing the need of park owners to receive
a suitable profit on their property with
rental income sufficient to cover increases in
costs of repair, maintenance, insurance,
utilities, employee services, additional
amenities, and other costs of operation, and
to receive a fair return on their property.
D. This council finds that the present
low vacancy rate and frequent increases are
particularly hard upon and unfair to residents
of mobile home parks within the city. Large
numbers of these residents are senior citizens
and others on fixed incomes who installed
their mobile homes in the city when the
Ordinance No. 1226 (1992 Series)
Page Two
present inflationary rent increases could not
reasonably have been foreseen.
E. Tenants in mobile home parks desiring
to sell their mobile homes may have difficulty
finding buyers because, upon a change of
ownership, the park owner is able to raise the
rent without regard to the city's mobile home
rent stabilization ordinance.
F. This council finds that it is in the
best interests of the citizens of the City of
San Luis Obispo to assist those who are
seeking to sell their mobilehomes and those
who are seeking to buy such homes to have the
same fair rental protection as is afforded to
those who remain in their mobilehomes without
sale. This Council finds that the vacancy
control provisions originally included in the
Mobile Home Rent Stabilization Ordinance when
it was approved by the voters was an effective
and beneficial provision for the people of San
Luis Obispo living in mobile home parks, and
should be reinstated. This council further
finds that provisions allowing annual rent
increases together with provisions allowing
rent increases upon a showing of necessity
protect the park owner's right to a fair
return on investment, thus eliminating the
need for rent increases above 10% upon change
of ownership.
G. However, this council recognizes that
a rent stabilization ordinance must be fair
and equitable for all parties and must provide
appropriate incentives for mobile home park
operators to continue their parks profitably,
as well as to attract additional investors for
new parks.
SECTION 2. Section 5.44.060C of the San Luis Obispo Municipal
Code is amended to read as follows:
C. The maximum monthly space rent of a
tenant may be increased by the owner when
there is a change of ownership affecting a
mobile home. However, such increase shall not
exceed ten percent of the then existing space
rent and may not be relied upon any more often
than once in any thirty -six month period as
the basis to increase rent. In the event of
change of ownership resulting from subletting
of the mobilehome space as may be allowed by
Ordinance No. 1226 (1992 Series)
Page Three
state law, should such become state law, then upon any
such subletting the space rent may be increased up to ten
percent of the then existing space rent. In the event of
change of ownership resulting from vacation of the space,
then the space rent may be adjusted to fair market rent
in the community. Nothing in this paragraph shall
preclude an adjustment as may otherwise be provided for
in this Chapter.
SECTION 3. This ordinance, together with the names of council
members voting for and against, shall be published once in full, at
least three days prior to its final passage, in the Telegram
Tribune, a newspaper published and circulated in this City. The
ordinance shall go into effect at the expiration of 30 days after
its final passage.
INTRODUCED AND PASSED TO PRINT by
San Luis Obispo at its meeting held on
1992, on motion of Council Member Roalman
Council Member Pinard , and on the
the Council of the City of
the 20th day of October
seconded by
following roll call vote:
AYES: Council:Members Roalman, Pinard, Rappa, and Reiss
NOES: None
ABSENT: Mayor Dunin
Mayor Ron Dunin
ATTEST:
Viane adwell
APPROVED:
City A#inistrative Officer
t
uttv,
Community Dev opment Director
Ordinance No. 1226 (1992 Series)
FINALLY PASSED this 10th
1992 on motion of Council Member Roalman
r
day of November
Council Member Rappa , and on the following roll call vote:
AYES: Council Members Roalman, Rappa, Pinard, and Reis-,.
NOES: None
ABSENT: Mayor Dunin
ayor Ron Dunin
ATTEST:
FON'Ta'Waam".5, 17-
11,
1002"81, R. mmlw
Clerk Diane GaiMl
seconded by
1
Wy,
ORDINANCE NO. 1268 (1994 Series)
An Ordinance of the Council of the City of San Luis
Obispo Amending Chapter 5.44.060(E) of the San
Luis Obispo Municipal Code Relating to
Automatic Adjustments to Rent in Mobile Home Parks
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44.060(E) of the San Luis Obispo
Municipal Code is amended to read as follows:
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities, new
government- mandated services, garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by twelve,
less the percentage in the CPI index for the twelve -month
period. The quotient shall be allocated to the space
rent for each space in the park based on the amount the
space rent relates to total space rent for the park.
Automatic adjustments to rent authorized by this
paragraph E shall not be included in "base space rent"
for the purpose of determining CPI increases pursuant to
Section 5.44.060(B), but shall be considered as
additional rent. Notice of the increase shall be in
writing and shall be given as required by law no less
than sixty days prior to any such increase being
effective. The notice shall state the amount of the rent
increase, the new space rent, the amount of the total
increase in expenses and the nature of the expense. A
copy of the notice shall be given to the city
administrative officer. The city administrative officer
shall have the authority to resolve questions regarding
computation of the space rent increase based on this
section. There shall only be one such increase in any
twelve -month period.
SECTION 2. This ordinance, together with the names of
council members voting for and against, shall be published once in
full, at least three days prior to its final passage, in the
Telegram Tribune, a newspaper published and circulated in this
City. `The ordinance shall go into effect at the expiration of 30
days after its final passage.
Exhibit A
Ordinance No.
Page Two
1268 (1994 Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 19th day of July
1994, on motion of Vice Mayor Settle , seconded by
Council Member Rappa , and on the following roll call vote:
Aes• Vice Mayor Settle, Council Members Rappa and Roalman, and Mayor Pinard
I
Noes: None
Absent•Council Member Romeroo
Mayor ag Pinard
ClerIU, ..
j /
l
Ordinance No. 1268 (1994 Series)
FINALLY PASSED this 16th day of August , 1994, on motion
of Vice Mayor Settle ,seconded by
Council Member Roalman , and on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Rappa and Roalman, and Mayor. Pinard
NOES: None
ABSENT: Council Member Romero
Mayor PeglPinard
ATTEST:
t
i WCIerk Diane &adwell
I
k
s
fil
d
r
ORDINANCE NO. 1279 (1995 Series)
An Ordinance of the Council of the City of San Luis
Obispo Deleting Chapter 5.44.060(E) of the San
Luis Obispo Municipal Code Relating to
Automatic Adjustments to Rent in Mobile Home Parks
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44.060(E) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
E. Space rent may be automatically adjusted based on
increases or decreases in expenses for common area
utilities, new government- mandated services, garbage
service and cable television, where applicable, excluding
capital improvements or ongoing maintenance costs. The
space rent may be adjusted by dividing the total increase
or decrease in any such expenses incurred during a
twelve -month period by twelve, less the percentage in the
CPI index for the twelve -month period. The quotient
shall be allocated to the space rent for each space in
the park based on the amount the space rent relates to
total space rent for the park. Automatic adjustments to
rent authorized by this paragraph E shall not be included
in "base space rent" for the purpose of determining CPI
increases pursuant to Section 5.44.060(B), but shall be
considered as additional rent. Notice of the increase,
or decrease, shall be in writing and shall be given as
required by law no less than ninety days prior to any
such increase or decrease being effective. The notice
shall state the amount of the rent increase or decrease,
the new space rent, the amount of the total increase or
decrease in expenses and the nature of the expense. A
copy of the notice shall be given to the city
administrative officer. The city administrative officer
shall have the authority to resolve questions regarding
computation of the space rent increase or decrease based
on this section. There shall only be one such increase
or decrease in any twelve -month period.
SECTION 2. This ordinance, together with the names of
council members voting for and against, shall be published once in
full, at least three days* prior to its final passage, in the
Telegram Tribune, a newspaper published and circulated in this
City. The ordinance shall go into effect at the expiration of 30
days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 21st day of march
1
ti, 1 '7 Q
Ordinance No
Page Two
1279 (1995 Series)
1995, on motion of
Council I=:ember Roa]man
Council I'erber Smith
seconded by
and on the following roll call vote:
Ayes: Council Ilembers Srtith, Roalrian, Williars and I'ayor Settle
Noe s: none
Absent: Vice I'ayor Romero
Mayor Allen Settle
ATTEST:
DT dpL K
Clerk, Dia&Z Gladwell
FA5
Ordinance No. 1279 (1995 Series)
V
FINALLY PASSED this 4th day of April , 1995,
on motion of Council Member Smith , seconded by
Council Member Williams , and on the following roll call vote:
AYES: Council Members Smith, Williams, Roalman, and Mayor Settle
NOES: None
ABSENT: Vice Mayor Romero
Ae I
Mayor Allen K. Settle
ATTEST:
0
Park Total # of spaces # of park owned units # of renter occupied units # owner occupied units # of current vacancies Average space rent or range
of space rents
Chumash Village 543-4272 235 1 50 177 8 resident-owned; HOA $93/mo
Colonial Manor 543-4530 64 1 5 59 0 $230
Creekside 543-7113 215 6 0 215 0 $500-670
Hidden Hills 543-7750 35 21 21 14 0 $411-825
Laguna 543-5500 290 1 1 287 2 $440-600
Matthews 650-388-8508 26 15 9 11 6 $300-800
Mission 543-4333 33 13 13 10 10 $220-350
Oceanaire 543-5030 64 1 0 64 0 $300-600
Rancho San Luis 543-3993 102 1 0 96 6 $514-533
Shady Lane
Silver City 543-9439 297 1 0 297 0 $450
Valle Vista 528-7557 23 8 3 20 0 $294-550
Village 543-1056 76 n/a 55 18 5 $350
Willow Creek 544-4172 82
1
From:AR Wyatt <
Sent:Thursday, December 30, 2021 3:29 PM
To:Dietrick, Christine; Fox, Sheryl; Amberg, Mark; Rico, Christopher
Subject:Creekside MHP update with thanks
Attachments:20211230_143057.jpg
Follow Up Flag:Follow up
Flag Status:Completed
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
All: Thanks, on behalf of the approximately 400 Creekside residents, for your help enforcing the terms of the
City's mobile home rent stabilization ordinance, and a brief status update.
The good news, rent billing statements for January 2022, distributed today, seem in alignment with the
ordinance terms and billed amounts substantially less than originally proposed by Creekside park owners, EPI.
Indeed, charges are lower than expected with some unexplained reductions in "pass-thru" community utility
charges on statements, which I expect may have come about as a result of communications between your
office and EPI, though no one I have talked to has received any explanation for these unanticipated decreases.
One troubling component of EPI's current noticing, however, is a claim attached to the rent statements, that
residents must sign what EPI is calling a "RSO lease," an 8 page document that has changed rules and
regulations in it from previous rules and regulations, with no opportunity for resident input and vote. Letter to
me here attached, for reference. Changed terms affecting business activity allowances in homes and forced
removal of homes on sale, payment of attorneys fees, among others, could be detrimental to residents
interests.
Advice from a resident organization hired attorney, Bruce Stanton, is that no such lease must be signed and
indeed it is not in residents best interests to do so. I expect multiple residents may be contacting your office
about this matter in the coming days and weeks. (My apologies, we're not so well organized that it will be
possible to designate a sole point of contact, despite efforts, and I myself write as an individual resident only, at
this point.) Several of us will not be signing these "RSO leases," despite EPI suggestion that this is required, and
if some residents do sign, I believe this will be not because they feel it in their best interests, yet again under
false and intentionally misleading information presented from EPI--"You will need to sign a rental agreement
under the RSO." Not so, says Stanton...
We understand that attorneys often disagree, and that under the terms of the RSO, owners EPI can and may file
for increases. We expect some process ahead on both fronts, so we'll deal with that as it comes. Again,
appreciate your work, the solid City general plan language in place to protect lower income mobile park
residents in the few affordable homes available in the City, and with hopes for warm, joyous new years for all. -a
Anne R. Wyatt
(805) 296-0013
1
From:Fox, Sheryl
Sent:Friday, November 19, 2021 4:35 PM
To:AR Wyatt
Cc:Amberg, Mark; Rico, Christopher; Dietrick, Christine
Subject:RE: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Attachments:20211119_Letter to Creekside Parties_RSO.pdf
Good afternoon Ms. Wyatt,
Please find the attached.
From: AR Wyatt <
Sent: Thursday, November 18, 2021 10:52 AM
To: Dietrick, Christine <cdietric@slocity.org>
Cc: Fox, Sheryl <shfox@slocity.org>; Amberg, Mark <mamberg@slocity.org>; Rico, Christopher <crico@slocity.org>
Subject: Re: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Christine/All: Appreciate it. Will do. Thank you. -a
Anne R. Wyatt
(
On Thu, Nov 18, 2021 at 10:10 AM Dietrick, Christine <cdietric@slocity.org> wrote:
Anne, we have reviewed your information and some information submitted by the park owner and are in the process
of finalizing a communication to the owner advising of requirements for compliance with the City ordinance. That
should be finalized by early next week and we will include you on that communication. I am looping in Legal
Assistant Sheryl Fox and Attorney Mark Amberg who have been working on this matter primarily, as well as Legal
Assistant, Chris Rico who assists us all with scheduling and monitoring communications. Sheryl will be leaving us to
complete her law school courses and study for the bar next week, but I’m including her in this chain in case she has
anything to add prior to her departure. Please include Mark and Chris on all future communications on this matter.
Thank you and we will be in touch shortly.
Best,
Christine
Christine Dietrick
pronouns she/her/hers
City Attorney
2
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: AR Wyatt <
Sent: Thursday, November 18, 2021 9:53 AM
To: Dietrick, Christine <cdietric@slocity.org>
Subject: Re: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Christine, checking back in. Know you're very busy, but lots of questions from residents on preliminary take on process ahead,
particularly with uncertainty as to what rent payments will be starting January 1st for residents not signing leases. Resident
primary concern is rent calculation starting January 1, 2022 based on the RSO allowances for residents not signing leases and
who don't want to pay the "scheduled additional increase," which we believe are above and beyond increases allowed by RSO.
We are frustrated at the misleading language (we believe was purposefully used) in the lease proposals. However, that is
relatively minor. If some residents make it clear they want out of signed leases and are not being allowed to rescind, we'll
follow up on that as a secondary matter. Thank you. -a
Anne R. Wyatt
(
3
On Fri, Oct 29, 2021 at 1:30 PM Dietrick, Christine <cdietric@slocity.org> wrote:
Ms. Wyatt,
This will acknowledge receipt of your objection and the City will review the information you have provided for
compliance with the City’s ordinance. We will advise within the next two weeks whether we require any additional
information from you, other residents, or the park owner.
Thank you for contacting us.
Best,
Christine
Christine Dietrick
pronouns she/her/hers
City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY
US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
4
From: AR Wyatt <
Sent: Friday, October 29, 2021 12:18 PM
To: Purrington, Teresa <TPurring@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Cc: E-mail Council Website <emailcouncil@slocity.org>
Subject: Creekside Community Residents Letter of Objection to Proposed Rent Increases
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Dear City Clerk Purrington and Ms. Dietrick: It has not been clear from conversations with Ms. Fox in the City Attorney's office,
whether this Letter of Objection to Proposed Rent Increases is actually required by the City in order to limit January 1, 2022
rent increases to those spelled out in the City's Mobile Home Park Rent Stabilization Ordinance (RSO), Municipal Code 5.44 or
the process going forward.
Given some uncertainty in the process of navigating City RSO and new 2020 state legislation, AB 2782, dictating limits on
rental increases even with signed mobile home park leases, on behalf of Creekside residents, please accept Letter of Objectio n
to Proposed Rent Increases, attached. This objection is being filed within 30 days of 90-day-notice-of-rent Adjustment, as
required. Hard copy notice has also been mailed to city clerk and owners, EPI, within the 30 days of notice of rent increase, per
ordinance.
History/Context: After 12 years on a long-term lease, a significant number of Creekside residents now opt not to sign a
proposed 3-year lease extensions dated 29 September, offered by Creekside property owners, EPI (example attached), and
instead opt to revert to the rent increase terms spelled out in the City's RSO. In general, residents are of the belief that the
rent increases called "scheduled additional increases" in the proposed lease extensions and in 90-day-notice-of-rent-
adjustments dated September 30 (example attached) are above and beyond CPI and pass-thru increases spelled out in the
ordinance and should not have to be paid and that signing the proposed lease extension is not in their best interests.
It is relevant to also note that the lease extension proposal (attached for reference) does include inaccurate information given
by EPI to all residents, suggesting falsely that residents must sign a lease. This misinformation would seem not in good faith,
given that the city's RSO clearly indicates that MHP residents are never obligated to sign any lease.This false information
would seem intended to pressure residents into signing a lease, clearly contrary to their rights, and also possibly contrary to
their best interests.
Given this, residents request a recalculation of rent increases for all residents to the ones proposed by Creekside owners,
EPI, in the 90-day-notice-of-rent-adjustment set to take effect January 1, 2022.
PROCESS GOING FORWARD: With lease expiration on December 31, 2021, residents are unclear as to how to proceed with
new (lower than proposed) rent calculations & payments per City RSO as of the day after current lease expiration, January 1,
2022.
5
There would seem several ways forward, and Creekside residents seek your direction per City process: For example, starting in
January, would each Creekside resident pay only what they interpret allowed by the City RSO? Would your office calculate
new January 1, 2022 rents with only allowed increases for each property and notice each household? Would you direct EPI to
recalculate and distribute revised notice of increase to residents prior to January 1st?
Thank you, in advance. On behalf of the Creekside Residents Association (CHA) lease committee, representing the interests of
217 households and approximately 400 city residents, we appreciate your assistance so as to fairly determine January 1, 2022
rents, and those going forward, with only increases as allowed per RSO.
Please let us know what further information you may need from CHA, individual Creekside residents or legal counsel in this
process.
Sincerely,
Anne R. Wyatt
(
1
From:Amberg, Mark
Sent:Monday, January 3, 2022 10:22 AM
To:AR Wyatt
Cc:Dietrick, Christine; Fox, Sheryl; Rico, Christopher
Subject:RE: Creekside MHP update with thanks
Follow Up Flag:Follow up
Flag Status:Completed
Dear Ms. Wyatt,
Thank you for providing this update. As indicated by your email, there is nothing for the City to take action on at this
point. We will note this information in our records and can respond if issues regarding compliance with the City’s rent
stabilization ordinance are addressed to the City in the future.
Sincere regards,
Mark Amberg
Temporary Assistant City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E mamberg@slocity.org
T 805.783.7837
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: AR Wyatt <
Sent: Thursday, December 30, 2021 3:29 PM
To: Dietrick, Christine <cdietric@slocity.org>; Fox, Sheryl <shfox@slocity.org>; Amberg, Mark <mamberg@slocity.org>; Rico,
Christopher <crico@slocity.org>
Subject: Creekside MHP update with thanks
2
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
All: Thanks, on behalf of the approximately 400 Creekside residents, for your help enforcing the terms of the City's mobile home
rent stabilization ordinance, and a brief status update.
The good news, rent billing statements for January 2022, distributed today, seem in alignment with the ordinance terms and
billed amounts substantially less than originally proposed by Creekside park owners, EPI. Indeed, charges are lower than
expected with some unexplained reductions in "pass-thru" community utility charges on statements, which I expect may have
come about as a result of communications between your office and EPI, though no one I have talked to has received any
explanation for these unanticipated decreases.
One troubling component of EPI's current noticing, however, is a claim attached to the rent statements, that residents must sign
what EPI is calling a "RSO lease," an 8 page document that has changed rules and regulations in it from previous rules and
regulations, with no opportunity for resident input and vote. Letter to me here attached, for reference. Changed terms affecting
business activity allowances in homes and forced removal of homes on sale, payment of attorneys fees, among others, could be
detrimental to residents interests.
Advice from a resident organization hired attorney, Bruce Stanton, is that no such lease must be signed and indeed it is not in
residents best interests to do so. I expect multiple residents may be contacting your office about this matter in the coming days
and weeks. (My apologies, we're not so well organized that it will be possible to designate a sole point of contact, despite
efforts, and I myself write as an individual resident only, at this point.) Several of us will not be signing these "RSO leases,"
despite EPI suggestion that this is required, and if some residents do sign, I believe this will be not because they feel it in their
best interests, yet again under false and intentionally misleading information presented from EPI--"You will need to sign a rental
agreement under the RSO." Not so, says Stanton...
We understand that attorneys often disagree, and that under the terms of the RSO, owners EPI can and may file for increases.
We expect some process ahead on both fronts, so we'll deal with that as it comes. Again, appreciate your work, the solid City
general plan language in place to protect lower income mobile park residents in the few affordable homes available in the City,
and with hopes for warm, joyous new years for all. -a
Anne R. Wyatt
(
1
From: White, Kelly <kwhite@slocity.org>
Sent: Wednesday, December 1, 2021 5:23 PM
To: Johnson, Derek <djohnson@slocity.org>
Cc: Amberg, Mark <mamberg@slocity.org>; Dietrick, Christine <cdietric@slocity.org>
Subject: FW: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Derek – Here is the letter sent to Creekside.
Kelly White
Legal Assistant/Paralegal
City Attorney's Office
E kwhite@slocity.org
From: Fox, Sheryl
Sent: Friday, November 19, 2021 4:35 PM
To: AR Wyatt <
Cc: Amberg, Mark <mamberg@slocity.org>; Rico, Christopher <crico@slocity.org>; Dietrick, Christine <cdietric@slocity.org>
Subject: RE: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Good afternoon Ms. Wyatt,
2
Please find the attached.
From: AR Wyatt <
Sent: Thursday, November 18, 2021 10:52 AM
To: Dietrick, Christine <cdietric@slocity.org>
Cc: Fox, Sheryl <shfox@slocity.org>; Amberg, Mark <mamberg@slocity.org>; Rico, Christopher <crico@slocity.org>
Subject: Re: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Christine/All: Appreciate it. Will do. Thank you. -a
Anne R. Wyatt
(
On Thu, Nov 18, 2021 at 10:10 AM Dietrick, Christine <cdietric@slocity.org> wrote:
Anne, we have reviewed your information and some information submitted by the park owner and are in the process
of finalizing a communication to the owner advising of requirements for compliance with the City ordinance. That
should be finalized by early next week and we will include you on that communication. I am looping in Legal
Assistant Sheryl Fox and Attorney Mark Amberg who have been working on this matter primarily, as well as Legal
Assistant, Chris Rico who assists us all with scheduling and monitoring communications. Sheryl will be leaving us to
complete her law school courses and study for the bar next week, but I’m including her in this chain in case she has
anything to add prior to her departure. Please include Mark and Chris on all future communications on this matter.
Thank you and we will be in touch shortly.
Best,
Christine
Christine Dietrick
pronouns she/her/hers
City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
3
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: AR Wyatt <
Sent: Thursday, November 18, 2021 9:53 AM
To: Dietrick, Christine <cdietric@slocity.org>
Subject: Re: Creekside Community Residents Letter of Objection to Proposed Rent Increases
Christine, checking back in. Know you're very busy, but lots of questions from residents on preliminary take on process ahead,
particularly with uncertainty as to what rent payments will be starting January 1st for residents not signing leases. Resident
primary concern is rent calculation starting January 1, 2022 based on the RSO allowances for residents not signing leases and
who don't want to pay the "scheduled additional increase," which we believe are above and beyond increases allowed by RSO.
We are frustrated at the misleading language (we believe was purposefully used) in the lease proposals. However, that is
relatively minor. If some residents make it clear they want out of signed leases and are not being allowed to rescind, we'll
follow up on that as a secondary matter. Thank you. -a
Anne R. Wyatt
(
On Fri, Oct 29, 2021 at 1:30 PM Dietrick, Christine <cdietric@slocity.org> wrote:
Ms. Wyatt,
This will acknowledge receipt of your objection and the City will review the information you have provided for
compliance with the City’s ordinance. We will advise within the next two weeks whether we require any additional
information from you, other residents, or the park owner.
Thank you for contacting us.
4
Best,
Christine
Christine Dietrick
pronouns she/her/hers
City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY
US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: AR Wyatt <
Sent: Friday, October 29, 2021 12:18 PM
To: Purrington, Teresa <TPurring@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Cc: E-mail Council Website <emailcouncil@slocity.org>
Subject: Creekside Community Residents Letter of Objection to Proposed Rent Increases
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
5
Dear City Clerk Purrington and Ms. Dietrick: It has not been clear from conversations with Ms. Fox in the City Attorney's office,
whether this Letter of Objection to Proposed Rent Increases is actually required by the City in order to limit January 1, 2022
rent increases to those spelled out in the City's Mobile Home Park Rent Stabilization Ordinance (RSO), Municipal Code 5.44 or
the process going forward.
Given some uncertainty in the process of navigating City RSO and new 2020 state legislation, AB 2782, dictating limits on
rental increases even with signed mobile home park leases, on behalf of Creekside residents, please accept Letter of Objectio n
to Proposed Rent Increases, attached. This objection is being filed within 30 days of 90-day-notice-of-rent Adjustment, as
required. Hard copy notice has also been mailed to city clerk and owners, EPI, within the 30 days of notice of rent increase, per
ordinance.
History/Context: After 12 years on a long-term lease, a significant number of Creekside residents now opt not to sign a
proposed 3-year lease extensions dated 29 September, offered by Creekside property owners, EPI (example attached), and
instead opt to revert to the rent increase terms spelled out in the City's RSO. In general, residents are of the belief that the
rent increases called "scheduled additional increases" in the proposed lease extensions and in 90-day-notice-of-rent-
adjustments dated September 30 (example attached) are above and beyond CPI and pass-thru increases spelled out in the
ordinance and should not have to be paid and that signing the proposed lease extension is not in their best interests.
It is relevant to also note that the lease extension proposal (attached for reference) does include inaccurate information given
by EPI to all residents, suggesting falsely that residents must sign a lease. This misinformation would seem not in good faith,
given that the city's RSO clearly indicates that MHP residents are never obligated to sign any lease.This false information
would seem intended to pressure residents into signing a lease, clearly contrary to their rights, and also possibly contrary to
their best interests.
Given this, residents request a recalculation of rent increases for all residents to the ones proposed by Creekside owners,
EPI, in the 90-day-notice-of-rent-adjustment set to take effect January 1, 2022.
PROCESS GOING FORWARD: With lease expiration on December 31, 2021, residents are unclear as to how to proceed with
new (lower than proposed) rent calculations & payments per City RSO as of the day after current lease expiration, January 1,
2022.
There would seem several ways forward, and Creekside residents seek your direction per City process: For example, starting in
January, would each Creekside resident pay only what they interpret allowed by the City RSO? Would your office calculate
new January 1, 2022 rents with only allowed increases for each property and notice each household? Would you direct EPI to
recalculate and distribute revised notice of increase to residents prior to January 1st?
6
Thank you, in advance. On behalf of the Creekside Residents Association (CHA) lease committee, representing the interests of
217 households and approximately 400 city residents, we appreciate your assistance so as to fairly determine January 1, 2022
rents, and those going forward, with only increases as allowed per RSO.
Please let us know what further information you may need from CHA, individual Creekside residents or legal counsel in this
process.
Sincerely,
Anne R. Wyatt
(