HomeMy WebLinkAbout08/21/1984 Item 2 - Amendment to Mobilehome Park Rent Stabilization Ordinancec.ir ttf
8-21-89
REPORT
Anne M. Russell, Assistant City Attorney
Amendment to Mobilehome Park Rent Stabilization Ordinance
CAD FECOWENOATUN;
Give final passage to Ordinance No.1020 establishing adjusted
base space rent upon expiration of leases.
fn mid-1982, the Council adopted the Mobilehome Park
Rent Stabilization Ordinance. These regulations
established limitations on the amount of rent that
may be charged for a mobilehome space and provide
several mechanisms by which rent may be raised. The
provisions were originally to expire ("sunset") after
three (3) years. Recently, the Council eliminated the
expiration provision and made the ordinance permanent. °ut
an issue arose regarding interpretation of the Ordinance
provisions establishing the base space rent.
The existing provisions establish the base space rent
as 'the monthly space rent charged as of March 15, 1982"
(Section 5.44,060(a)). Spaces under a long term lease,
defined as one greater than a month -to -month tenancy, are
exempt from the entire Ordinance. However, the Ordinance
does not address what the appropriate space rent should be
when a lease expires.
At the July 17, 1984 Council meeting, several possible
soluti�^ W-I
id. At the August 7, 1984 Council
meei•dxnance was introduced and passed
toOsed Ord r r e, the •new• space
cer- ieh reFietwhat the space
a lease '.a other words, the
space on maar n 15, 1982, plus any
ratic CPI and those granted pursuant
to i2. .:..:3st._ry r`ovisione.)applicable to the non -lease spaces
at 4e }ark, would become she new or adjusted base apace rent.
eiLT'aRNATIVEa:
A. Give final passage as recommended.
S. Amend or fail to pass Ordinance.
Give final passage to Ordinance No. 1020 establishing adjusted
base space rent upon expiration of leases.
omaw= NO. 1020(1984 Series)
W IT OBORR89 by the Council of the City of San Luis Obispo as
follows:
6R1'ION 1. Section 5.44.060 of the San Luis Obispo Mmicipal Code is
amended to read as followst
5.aa.060 Base Space pent - Oeterminatiah - Allowable increases
A. The "base space rent" for psposes of this captar stall be the
monthly space rent charged as of March 15, 1982. The maxiaan monthly
spate rent for any space urdec a lease, upon expiration of the lease,
shall be no more than the base space rent on March 15, 1982 plus any
increases otherwise allowed pursuant to the provisions of this Chapter
B. rrcspt as otherwise provided in this Chapter, the maxim monthly
space rent may be increased no acre than on a year by the lesser of the
ho following amounts:
1. Eight percent of the then existing space rent:
2. m increase over the than existing space rent equal to
Nree-EourUhe (seventy-five percent) of the cost of living increase
(Bureau of Labor Statistics, U. S. National Consumer price Index) for the
preceding toalve-month period.
C. Calculation of the the -year limitation on rental increases as
provided in this section shall be from the data the last increase beraane
effective at the park.
0 1020 yc-Z
Otditwrse M. 1020(1934 Series)
D. No owner shall either (1) dmard, adept or retain a rent of or
from a tenant in euess of the maximum rent permitted by thda chapter, or
(2) effect a prohibited rent increase by a reduction of general park
facilities and services.
SECUM 2. This ordinaree, together vitt. the ayes and noes, stall be
published once in ull, at least three (3) days prior to its final passage
in the Telegramwfribwne. a newspaper published and circulated in said
City, and the same shall go into effect at the expiration of thirty (3)
days after its said final passage.
IIlI1dJGIK'tD AtiD PASS@ TO PRW by the 07=il of the City of San Luis
Obispo at a meeting bald on the ith day of Argust 1984, on notion
of Cameilman Griffin seconded by Mayor Billig and on the
following roll call toter
AYES: Camnei1 an Griffin, Mayor Sillig, Councibrarbeca DMW, Gain
and Settle
NOES: hone
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CITY
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