HomeMy WebLinkAbout09/22/1986 Item 1 - Consideration of recommendations by the Mobilehome Rent Review BoardF ----I
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Conalderation of recommendations by the Robllehome Rent i Based ,��� Review Board
CAO MHVOAMN:
Review and concur with recommendations of
and pate to Print leer 8.4nta to the Kf bllehONe Parkthe a Rent S aant nti Review Regvlettoev. ;Chapter 5.44 gGOgC]
The Coancll has directed the Nobilehoma Rent Review Board
adalnlatcative And procedural provtalona of the wo611ehome Rent
Prevent atlon Ordinance. (chapter 5.44O PLOP to 1'evlew the
Prevent the Council with a complete ) The board had In tended is
bualnene Prevented completion Dockage of resoeeendatlone, Chuaash, Creakaide and Silver Clt cha work including rent but other
forward a partial list y ob'lehome parks. The Boarddecidedfrom
of Pour Items for Councll'e review,
Two ssltr '*sues not addreeaed et this time rill ba considered b
Board et a later dote. They are: 1.) TAe concept of -safe harbor"
(allowing Parke to be Y the
30ne term leases exempt If a certain percentage of residents are on
from t and 2.) �vecancy Qecontrot" {stamp qng recant recommendationaoo) TAe Board will contluct D0 11co haarin¢a and
*Oaten
n tAena sue for Countil'a consideration. forward
Pod a Dertod of nearly two years non, the Board has held
and Band J ated over amendments to the existing trainanc e. In 0
i 984 and Januar , bInp hearings
Increasingy ardor the sherd recommended and the Council roves[ of
the Board membership mablp from three to five. The approved
approved ¢ recommendation mmentling the rra le:arzce to delete certain
restrictions on eligibility for board mem °Yertl also
Eerehip.
The Couicll he being °eked So approve four ertiltlonal amendments to the
artll^once. Those amentlment* ere:
1. add the term 'In we t n in Section 5.44.070, G . The card Celt by
Adding this language, c ar ty Por both the owner end the
Occurred. toThiecommendation ass a unan LoOw Owner
and
Occurred at resident sea
relating to this ben tterarfng 9arch a, 1955. There wan not the board and
opposition
u- Define the term "long-tera leanea^ eta testa with a term
one Year and Include in Sactlon 5.44. 030, B.. Mobile Prom rent nebll p:a [lop If ri greater than
Park roslden[a Alen long term leases,rka
Presently. exempt
Presently, the ordinance language define, A 'more than a mooch -to -month'
tenancy as a long term lease. The board votetl unan Lou*lY at its
of November 20. 1995, to define a tang term lease an
Year' tlurntlon. There was IS[t!e disc uaalon on this matter and than ng
nc teeter than a
Opposition. ¢
r-
'r=1WISOBISPO
COUBCll Agenda Report
Amendments to MObllehose
Bent Stabilization Ordinance
Page 2
3. Modify the - lUNRIlcation fee Section 5.44.Ovp
1985. thnal e Board voted vane tmouely to modf( B'. During February of
nolglttery, the application fee for revt¢wihe aDpllcente' fee.
no matter wkat the size of the park 4r the number reor a nt In
The Board as $300;
agreed tryst n tee of $IBS plus f1.00 °Daces ln:Olved.
appropriate. Thu Board felt that asall p°} space could ba more
COPI to and the receaeaded a Da rka were Raving to pay more per
size of the park. There atlea mna it and easel tlally Dage d on the
was on gore leant tlIs usnion on tAln flex wLtR r
Opposition to the sad itica[lon of the owner's applicant I fee.
Buying the discussions an the application fee, much of the focus wee
centered an the charge for a •recant applicatl on'. Orlglneily, the
regulation dtd not directly address aDpllcatlona try Bernal. T<thbony by
Park residents.
eta stated that 1[ mould not be financially feasible for Host
Identical. o ants by .residents , board members and staff concerned a fee
Identical to the[ f the owner's (3300. 00) and no to Hal merlon had been
akin.
Since that it", the Board ha° acted on an application made by a tenants'
a°eoclatfon. Agaln, although no formal n[att testa 1t Dan complete au 'Cell^ was taken by the Bppll,
fee at g30.00. An ➢Dra In [tCormanding a tenantscan
ape lcr time
contra tog as nn application by a ten°pt or ep 899oC1IIClan Cnn be as CLC
caeca to the owner's application , and although direct and Indirect
Cloy Can't ever be fully recovered, a fee of thla amount may
reviewrnge frivolous applications being submitted for staff and Bound
review.
4. Interpret the•Conaumer Price Index Presently, rents maY be In--- �re0��d language, Section 5. 44. 060, g.2..
8k of the currant roviding they
space rent or •three fmurtba e a Year p(seventy-L Iv, do not exceed
the Cast of living Increase (Bureau of Labor Statistics, US National l of
however, Price istl<x)•. Thee !e no US National Consumer Price index,
however, Mere Ia n US Cities
CPI Avernge•.
Staff has administratively Interpreted tho CPI measurement tool
statisticsgeographically. The nearest Reglonal Center of the Bureau of Labor
Includes
is oge Angeles. They compute a Southern California Cpl. which
lacludea Los Ange lea/Anepate/Long Beach areas. Differences In
between the US Cities CPI and the Southern fe"fettle CPI IV or tittle
between the androm percentages
occurred between the lccompdting'Ye&[CPIa YGTha Over the yenta. ° balance Rea
California Index for Other purposes. y has used the Southern
Sdi !IS OBISPO
NC1L AGENDA REPORT
��ell Agenda Report
rdiumu �t
Amendments to Nobllehowe Beat
page 3lzation Ordfnancc
Pogo 3
The Board had vote) unsas
quivaly Naroh 2T, 1980, to support the
the US
area es a suitable CPf computation. no pportcouncil map decide
the US Cities Average to he a earn eppraputate gauge of c.
A matter
considerable amount of testimony "a presented to the Board on this
+attar. Significant resident opposition to the LA(Annhel.'Grog eethA
margin roe at they "tl Park owners felt that the dirt erenc Lung
w
marginal that they presented no strong position. -re so
ALTERNATIVES
The Council Can accept the
amend
recoendations of the Board and
end the Nobllehome Rent Sea 0lmm
staff to
llzation Regulations In tour areas.
2. no Council can choose not to accept the rate"endetlona of the Board
and staff to asend the NoDilehoAs Rent Stabilization Rego latlons In tour
areas.
3. The council can choose [o
Board or accept some or the re
Regulations commendations of the
Stabilization
the Pour amendments to the Nob}lehoee Rent
ion
each of
4. The council can continue action with direction to staff and the boarl.
PUBLIC PPUBLIC P—TION
Nubl
The received
ehoae Rene Review guard conducted many public hearings and
received hours of testimony regarding these amendments, evidence ease
Presented for [ha record and 0eabere of the public were encouraged s
partlelpa te. EC ch meeting was taped and minutes were taken. [P Council
Would like to e e any of these. they are on rile In the Aaslstant to the
City Adman at rear I efface.
C dFCIIRRPNCE
City Attorney'a office notes that the reca"endatieda o[ the Board are
within legal Ilelte.
FISCAL INPACT
There lm no fiscal impact an the Cit.' of San Luis Obispo.
STAFF RR� C�—rNVAVOR
Accept the reccemendatlons of the Board and pa as to print an 0 dlnance
.� "ending the four areas of the Regulations.
ORDINANCE No. (1986 SERIES(
Es
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAH
LUIS OBISPO AMDIUMG CERTAIN PROVISIONS OF THE MOBILE
RENT STABILIZATION REGULATIONS (CHAPTER 5.44 OF THE S
OBISPO MUNICIPAL CODE).
BE IT ORDAINED by the Council of the City of San Luis Obispo as
foi lows:
SECTION 1. SubSOCtlon 5.44.030 IE) of the San Luis Ohio Po Municipal
Code is hereby Amended to read as follows:
'E. Tenancies Covered by leaves or contracts which provide for Creater
than a year's tenancy, but only for the duration of such lease or
Contract' Upon the expiration Of or other termination of any such
lease or contract. thD chapter shall loadletely he applicable to the
tenancy';
9EMON 2. Subsection 5.44.060 (B-2) of the San Luis Obispo Mu nlclpai
Code is hereby amended to read as follows:
'2. An lncreaae over the then existing space rent equal to three -fourths
(seventy-five percent) of the Cost of living increase (Bureau of Labor
StatlatlC1. U.S. National Consumer Price Index. Los Angeles/Anahelm/Long
Cents) for the proceeding twelve month period.
SECTION 3. Subsection 5.44.070 IS and C) are hereby amended to reed
as follows:
J
a
0
nrdl.:ance
No.
41968
5 rlew(
S. M application for a rant increase pursunat to this section shall he
accompanied by the payment or a fee of one hundred and twenty-five
dollars plus one dollar per space for carer end fifty dollars for
tenant applications. The aPVllcatiun aRail opacity, as applicable. the
address of the mobile home park, the space number or nusbers for which
rent is requested to be Increased, the amount of the requested rent
10... $me or services or rcCilltles reduction or too "as. the proposed
effective date of ouch Increase, reduction or charge and the fects
supporting the application. The applicant shall produce at the request
Of the board any records, receipts, reports or other notes enn that
the board say does necessary for the board to sake a determination
whether to approve the application.
C. The owner shall serve each affected tenant. In writing, either
J
personally or by ra11, with notice of the rent Increase or change In
services ar facilltlam requested and with notice that application for
approve of sass is baing filed with the board. Proof of ouch service
shall be filed with the board concurrent with the filing of the
application. Copies of the application shell be available free of '
charge to any effected tenants requesting same at the business office
1n the affected park.
3ECi ION e. This Ordinance, together with the ayes and noes. shall be
published once in full. a, least three (3) days prior to its final passage
In the Telegrew-Tribune, a newspaper published and circulated In said
C ley, and the same shall :o Into effect at the expiration of thrtty (301
4y. after Its said final panauc.
Y
111"OOOC® ABO PA89BO Ta Min by the Caned of the City of Bno hula
M2epu at a eeetln held w Che 22ad day of 9apteeber, l988, on Milan
of seconded by and on the
folioelae roll pit vote:
AYBBi
=15:
AB90ff:
XBYcr Ron Wnin
AT T:
city Clerk Pesele Votes
n � !
City Adeleietn tive OE a
city At
Aaelncsot to the City Adaiaieerative officer
[-
( 6
A
LEGISLATIVE GRAFTS
1.
5.44.070
Application for rant increase--Fee--Contents—Notion of request —
Hearing.
C.
The caner shall serve each affected tenant, in writing, either
personally; ar by Mail, with notice of the rent increase or change
I n services or facilities requested and with notice of application
for approval
of saes is being filed with the board concurrent with
the filing
of the applicetion. Copies of the apPliw tion shall be
available free of charge to any affected tenants requesting sane at
the business office In the affected park.
5-44.030
Exemptions i
E.
Tenancies covered by losses or contracts which provide for sera -then
e-oenth-tm-ninth greater than s Yesrls tenant, but only for the dura-
tion of said contract. Upon the expiration of or other termination of
any such lease or contract, this chapter shall Iwe lately be appli-
cable to the tenancy.
3.
5.44.070
Applicoil on for rent increase--Fee--Contents--Notice of request --
Hearing.
B.
An application for a rent Increase pursuant to this section shall
M eceampaniad is the payment of a fee of three-hundred-deftarst
one hundred and [went -five dollars lus one dollar r s ace for
owner and 1 t dol ors for tenant a i cat ons. The spill
cation
snail $pail y, as app icable, the adtlrms o the mobilehose park,
the space number or numbers for which rent is requested to be in.
crossed, the mmunt of the requested rent increase or service or
facilities reduction or charge and the facts supporting the appli-
cation. The applicant shall produce at the request of the board
any records, receipts, reports or other documents that the board
may deem necessary for the board to make a determination « ather
to approve the application.
4.
5.44.060
Base space rent --Bete rmination--Allowable Increases.
An 'acres$* aver the then existing space rent equal to three -
fourths (seventy'flve percent) of the cost of living Increase
(Bureau of Labor Statistics, U.S. National COnsaeer Price Index;
Los Mileles/Maheim/Lon Beach) for the preceding twelve month
parlod.
R
' s.ao.l7o—s.4a.olo
assignadon, prostitution, or obscene or harmful
matter. nor shall the uses of such language be
interpreted to kgnhs those types of businesses
which from time In time have been regarded
"per se" Mora! public nuisaosss (Ord. 925 § I
tpart). 1982: prior code § 4815)
5.40.170 Applicability ofprovisions to
Adult theaters and adult
bookstores.
With respect toadult theaters am! adultbook-
atnra applying for a licestst and permit under
the terms of this chapter the council shall make
no determination on such application without
first considering a report of the city attorney
cnnanning the appropriateness of applying the
standards set out in thuelupnc Ifsoadvised by
the city atMmry that any or all standards set out
in this chapter may not properly be a,plied to
theaduit books o m or adult thmitarapplication,
thecouncil shall Trotapplysuch standards, fOrd.
967 § L 1993: prior code § 4816)
Chapter 5.44
MOBILE HOME PARK
RENT STABILIZATION
Sections:
5.44.010
Purpose and intent.
5A4420
Definitions.
5.44.030
Exemptions.
5,44.040
Mobile home rent review
board —Established —
Membership —Terms.
5.44.050
Mobile home rent review
bosrd—Pbwers and dudes.
5.d4.060
Base spa" rmt—
Dete mutation —Allowable
increases.
5.44.070
Application for rent increase —
Fee —Contents —Notice of
rvquest—Hearing.
5.44.080
Application for rent increase—
Conduel of hearing.
Qm.t«.oww. ran
134
a
5.44.D90
Applicationforrestincrease—
Evalustion—Relevant factors.
5.44.100
Application For rent increase—
Hearing—Determidtfoa.
5.44.110
Application for rent Incrnae—
Hearing—Appeal.
5.44.120
Rent increases not made in
conformity with provisions—
TmmCs right to refwe to pay.
5.44.130
Actions brought to recover
posession of mobile home
space —Retaliatory eviction
grounds for denial.
5A4.140
Owner to provide tenants with
copy of this chapter.
5A4.010 Purpose and latent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the
location of mobile homes. Becauseofthis short.
age, them is a very low vacancy rate. and rents
have been for several yesm and art presently,
rising rapidly andcausingconcemamongasub�
stantiai number of San Luis Obispo residents.
B. Mobile home tenants, forced by the lack
of suiubleaimmative housing, have had to Day
the rent increases and thereby suficr a further
reduction in their standard of living.
C. Because of the high cost and imprac-
usability of moving mobile homes, the potential
for damage resulting therefrom, the require.
menu misting to the installation of mobile
homes, including permits, landscaping and site
preparation, the lack of alternative homesi= for
mobile home residents, and the substantial
investment of mobile home owners in such
homm this council finds and dec arms it neca.
nary to protect the owners and occupiers of
mobilehomes fmm unreasonable reptincteasa,
while at the same time recognizing the need of
park owners to raccive a suitable profit on their
0 5.44,020-5A4.030
r�
J��
property with metal income sufficient to cover
increases; in corta of repaic maintenance, insur.
ance, utilities, employee services, additional
amenities, and other torts of opmtion, and to
receive a fair mum on their property.
D. This council finds that the present low
vacancy rate and frequent heat inmeasesare par-
ticularly hard upon and unfair to residents of
mobile home parks within the dry. Large num.
bet of than maidersts am senior citizens and
others on rued incomm who installed their
mobile homes in the city when the present infla.
tionary rent incases could not reasonably have
been foreseen.
E. Howevee this council recognizes that a
rent stabilization ordinance must be fair and
equitable for all martin Rod must provide appto•
priam incentives for mobile home park operators
to cautious their parks profitably, as well as to
attract additional iavearors for am parks (Ord.
923 § I (part), 1982. prior code § 4800)
5A,U)20 Definitions.
For the purpose oflhis chapter. certain words
and phrases used herein are defined as follows:
A. "Capital improvements" means those
improvementsthat 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 improve.
menu in accordance with the internal Revenue
Code and regulations issued pursuant thereto;
provided, that this definition shall be limited to
capital improvements either approved by mom
than fifty percent of the tenants in the affected
parkorcummucted to complywith tbediremion
of public agency.
B. "Mobile home park" means an area of
land which rents spaces for mobile home dwell.
Ingumts.
C. "Mobile home park owner" or "owner"
mom the owner, lessor. corruptor man tgerofa
mobile home park.
D. "Mobile home park rent review board' or
"board" means the mobile home park rent
135
review board established in Section 5.44.040.
E. "Mobile home tenant' or"tmaat"mesas
any person entitled to occupy a mobile home
within a mobile home park pursuant to owner.
shipofthe mob0ehomeorumleramntalorlease
agreement with the owner ofth mobile home.
E "Rehabilitation work" means any renova-
tion 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 to
repairdarnage resulting from fim, earthquake or
othercasualty.
G. "Space rent" means the consideration,
including any seertritydeposim bonuses, benefits
or gratuities, demanded or received in connec.
don with the use and occupancy of �inobile
home space in a mobile home park, or forhous-
ing services provided, but exclusive of any
amount paid forthe use ofa mobile homedwell.
ing unit (Ord. 923 § I (part), 198E prior code §
4901)
5.04930 Exemptions.
The provisions of this chapter shall not apply
to the following tenanciesin mobile home parks:
A. Mobile home park spaces rented for non.
residential uses:
B. Mobile home parks managed or operated
by the United States Government, the state of
California, or she county of San Luis Obispo;
C Tenancies which do not exceed an occ t-
mum, oftwenty days and which do not comem-
plate an occupancy of mom 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 more thin a month -to -month
tenancy, but only for the duration ofsuch lease or
contract. Upon the expiration ofor other fermi.
nation ofany such lose or contract this chapter
shall immediately be applicable m the tenancy;
F. Mobile home parks which sell lots for fac-
tory -built or manufactured housing, or which
provide condominium ownership of such lots,
l 7
M
3
3.44.040-5.44.060 0
even iron at mom homes in the development
ate rented or leased ouL (Opt. 923 § I (pan).
1982 prior Code § 4902)
5+W.040 Mobile boom mat review boud—
Ela2bnabed—Mambership—
Temi.
A. Them is established a mobile home rent
review board tansiuing of three members who,
along with their alternates shall be appointed by
and serve as the rlea-cam of the mural.
B. The council shall appoint three regular
members and two altercate members to serve in
the absrnm of regular members The city clerk
Shan x3eei by lot the alUmte member to so
Serve in the absence of ooe regular member.
C. The board members and the alternates
shell be Panama who am not connected with the
rill estate or rental housing industry for their
Persons] gain. None ofthe members oraltmutes
shall be t U of or have ary fiwnaai interns,
(m defined by state law) in any mobile home or
mobile home park. The members and aitttnatts
Shall file a declaration to this effect with the aty
Berk in a form approved by the city attorney.
D. Boars membersand altemamna)u6 not be
compensated for their services as such, but may
receive relmburmmentsazpmvided bythecoun.
cn for traveling and other eapeuea incurred
while On official duty.
E. The terms of hoard members and alter.
notes Shan be two years Terms of the Ent three
membersand altamatesahail expire on3uae 30,
1984, irrmpective of the date of appoinemenL
Terms dolt expire thernner on June 30th of
even numbered Years. (Opt. 923 § I (pent, 1982:
prior code § 4803)
5.44" Mobile dame rent review board —
Powers and duties.
Within the limitations provided by law, the
board shalll"i" thefalk wingpowen andduda
A. To mat from time to time as required by
the Council and to utilize the city a Bite, facilities
and personnel as needed;
136
C
B. TO receive, investigate, hold hearings on,
andtaa upon the issues ralatingto mobilchome
Park rent stabilization asset forth in thischaptec
ar to any dmopeon in, or charges for. services or
facilities;
C To make or conduct such independent
hearings or investigations as may be appropriate
to obtain such information on is necemry to
Clmyoul iadutie;
D. To reader following every teat review
heuingaw:i t reponmthecouncilmmeming
its activities, holdings, actions4 results of hear-
i ngs and aIi other matters Pmincn t to Nis chap-
ter which MY be of interest to the council;
F. To adopt, promulgate, amend and rcand
administtativc rule; as it dams appropriate to
cffeCtuam the purposes and policies of this chap.
ter. (Opt. 923 § I (tart), 1932, Pr{orcode § 4804)
5.a.060 Ban 'Pam rent—Determbu lon— , -j4a(d .
Allowable lneecaes. mi.QY.K"r^
A. The "bxsespare rent"for purpi as orthis
chapter.shol be the monthly some rent charged
u ofMamh 15. 190Z ,
B. Exceptuotherwisepmviddinthis che,
ter the maximum monthly space rent may be
ineressnt no more than once a year by the lesser
of the two following amounts:
i. Eight percent of the then existing space
rent;
2. An increase over the then existing space
mat equal to throe-fourths(aeventy-five pea tiro)
of the cost of living increase (Bureau of labor
Statistics, U.S. National Caasumar Price Index)
for the Pmceding twelve-month periled
C Calculation of the onoyaar limitation an
metal incaeasa at provided in this section shall
be from the date the Iut increase became a&c-
tivc at the park.
D. No owner shall either(1) demand, accept
or retain a mat oforrmma monatinexcessofthe
maximum rent permitted by this Chapter, or (2)
effect a prohibited rent i nerease by a reduction of
general park facilities and services. (Ord. 923 § I
(part), 1982: prior code § 4805)
A/V
I
U
SM.070 Appligtloa for rent increase—
Fae—Contents—Noti" of
«peat—Ncarb g.
A. An ownerwhohasbeco scquircd to mate
expenditures or has incurred coma of such
amounts that he will be unable to make a just
and reasonable mum on his property given the
maximum increase permitted by Section
5.44.060. may file with the board an application
for a scat irraease for one or mom spare or
application to reduce, or charge for, certain sm-
vices or facilitim in either event referred to
hereinafter as "application"or "application for
rent inrnsse."
B. An application for a sent increase pur.
suant to this section shall beaccompanled by the
payment of a fm of thrt hundred doilam The
application shall specify, as applicable, the
address of the mobile home park, the spare
number or or numbers for which rent is
requested to be increased, the amount of the
requested rent increase or service or fecllitia
Mductionorcharges, thepmposedeffemivedate
of such increase. reduction or charge and the
face supporting the application. The applicant
shall produce at the request of the board any
records. receipts, reports or other documents
that the board maydmm necessary forthe board
to makeademinination whVi erto approvmhe
application.
C. The owner shall serve each affccred ten-
ant. either personally. or by mail, with notice of
the rent increase or change in services orfaciB-
ties requested and with notice that applicwion
for approval of same is being Sled with the
board. Proof of such sevim shall be filed with
the board mncurrtnt with the filing ofthespoil.
catian. Copies of the application shell be avail-
able free of charge to any affected tenants
requesting same at the business office in the
affected park.
D. The board shall set a hewingon theappii.
mition complying with the repuirerecnu of this
section no less than ten days and no more than
thirty days after receipt of the applimson and
proof of servim. The board shall notify the
ownerand tenants. in writing, orthe time, place
137
0 5.44.070-5.44.090
and date set for the hearing. No hearing or any
port thcroof may be continued beyond thirty
days after the initial hearing date, without the
owner'sconsent. ifthe board approves an appli-
cation as miumted or as modified, the same
shall take effatas noticed bytheowna ns weire
board mayotherwisedirecr. (Ord.923 § 1(part),
1982: prior code § 4806)
5.44.080 APplicationforrentimavase—
Conduct of hearing.
A. Ali review hearings conducted by the
board shall becoaducted is aaoidanm with the
Ralph M. Brawn Act, wSection 54950aseq. of
the Califomia Government Code.
B. All interested parties to a hearing may
have assistance from an attorney or such other
person an; may be designated by the parties in
presenting evidence or in selling forth by argu-
menttheir position. Ali witnesses shall beswom
in and all testimony shall be under penalty of
perjury.
C. In the event that either the owns or the
Imant(s) should fail to appear at the hearing at
the specified time and place. the board maybm
and review such evidence as may be pr ac.:ed
and make such decisions as if all parties had
been present.
D. Applicant and affected tenants may offer
any testimony, documents, written declarations
or other relevant cvidenm.
E. Formal rules of evidence shall net apply.
F. Minutes shall be taken at all review hear-
ings, (Ord. 923 § I (part), 1932: prior code §
4807)
5.44.090 Application for not increara—
E.aluation—R<lenot factors.
In evaluating the application the board may
consider. along with all other factors it considers
relevant changes in costs to the aw :er attribut-
able to increases or decreases in master land
and/orfacilities lease rent, utility mm, property
razm insurance. advertising. variable mortgage
interest rates. employm costs. normal repair
and maintenance. and other considerations.
including, but not limited to. rehabilitation
ma iw.o t+o
/W
101
5A4.100-5.44.140
work, capital improvements, upgrading and
addition of amenities or services, net operating
income, and the level efrent necessary to permi t
a just and reasonable return on the owners
property.fOrd.92311(pa L 1982: priorcode§
4809)
5.N.100 Application for rent In<rease-
2fearWg—Determination.
A. The bond "I make a final decision no
laterthan twentydays after theconcluson ofits
hearing. The board's decision shall be based on
the preponderance ofthe evidence submitted at
the hearing. The decision shall be based on find-
ings. All parties to the hearing shall be advised
by mail of the bond's decision and findings
B. Pursuant to its hadinSL the board may:
1. Permit the requested rent increase to
become effective, in whole or in part: or
2. Deny the requested min increase, or
3. Permit or deny, in whole or in part.
requested reductions. of or charges for. facilities
or services.
C. Any decision of the board shall be final
unless, within fifteen days after mailing of the
derision and findings the owner or any armed
tenant appeals the decision m the council. (Ord.
923 § 1(pan). 1982: prior code § 4809)
SA4.II0 Application for rent ncrease—
ftearfng—Appeal.
A. Any appeal from a decision of board
shall be filed with the city clerk The date for
consideration of the appal shall be set by the
city clerk no less than ten days nor more than
thirtydays after the expiration date for filing of
an appeaL Notice of the date, time and nlace
shall be given by lhecity clerk to the owner and
III affected tenants.
R. At the time sn for consideration of the
appeal the council shall mviewand consider the
record ofthe board hearing and thedeeision and
Ending of the board. AOer review and consid-
eration the council may either (1) determine
that a further hewing shall be heW. to be con.
ducted before the council no later than the next
138
regular meeting, or ratify and adopt the dmi-
tied and findings of the board. Ifa further bear.
ing is conducted, the council may upon
conclusion of that hearin& and in no event
more than thirty days thereafter. modify or
reverse the decision of the board, and shall make
finding in support themor.(Ord. 92311(pan),
1982: prior code 4810)
SA4.120 Rent inveasea not nude is
conformity with provisions—
'Raaat's right to "fuse to pay.
A tenant may refuse m pay any increase in
rent not trade in conformity with this chapter.
Such refusal to pay shall be a defense in any
anion brought to recover possession ofa mobile
home space: or to collect the mat increase (Ord.
923 § 1(pan). 1982: prior code § 4811)
5.44.130 Actions brought to recover
possession of mobut home
space —Retaliatory eviction
grounds for denial.
Notwithstanding Section 5.44.120, in any
action brought to recover possession ofa 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 wasbrought in retaliation for the exercise
of any rightsronfimred by this chapter shall be
grounds for denial. (Ord. 923 § 1 (pan), 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 ofthis chapter.(Ord. 923§
I (part). 1982: prior code § 4313)
C
HA