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HomeMy WebLinkAboutSouth Peak Emails Copy3 From: Jason Dilday <jason@harmonycom.com> Sent: Thursday, October 16, 2025 10:08 AM To: Symens, Sadie <ssymens@slocity.org> Cc: Belghoul, Amel <ABelghou@slocity.org>; Zion, Sarah <SZion@slocity.org>; Matt Davies <matt@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City Attorney's Office Request for Reconsideration- Davies Dear Ms. Symens: This will respond to the City Attorney’s correspondence dated October 16, 2025, styled as a “Request for Reconsideration” of the Hearing OƯicer’s decision in Administrative Citation Appeal No. ADM00040264. The San Luis Obispo Municipal Code, as far as I can determine, contains no provision authorizing reconsideration of an administrative citation decision. Chapter 1.24 (Administrative Citations) expressly provides for (1) issuance of a citation, (2) a right to appeal, and (3) a final decision by an appointed Hearing OƯicer. Section 1.24.120(A) specifically states that “The hearing oƯicer’s decision shall be final.” The ordinance does not appear to permit any further administrative review, motion to reopen, or reconsideration after a written decision has been issued. If the City believes otherwise, please identify the specific section or authority of the Municipal Code that authorizes such a procedure. Absent such authority, the October 7, 2025 decision revoking the citation and dismissing the fine is final and binding within the City’s administrative process. Any further review would need to be pursued, if at all, under the judicial review procedure specified in SLOMC § 1.24.140 and Government Code § 53069.4, which provides the exclusive means to appeal an administrative citation decision to the Superior Court. The City’s “Request for Reconsideration” therefore appears to be procedurally unauthorized and should be disregarded. The appeal record is closed, and the matter is concluded. Thank you. Jason From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, October 16, 2025 9:00 AM To: Matt Davies <matt@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Cc: Belghoul, Amel <ABelghou@slocity.org> Subject: City Attorney's Office Request for Reconsideration- Davies Matt Davies, Please see the attached. This request is also being sent to you via first class mail. 4 Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 5 From:Zion, Sarah Sent:Thursday, October 16, 2025 9:00 AM To:matt@harmonycom.com; nancy@harmonycom.com; jason@harmonycom.com Cc:Belghoul, Amel Subject:City Attorney's Office Request for Reconsideration- Davies Attachments:20251016_Request for Reconsideration- City Attorney's Office_Davies.pdf Matt Davies, Please see the attached. This request is also being sent to you via first class mail. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org October 16, 2025 TO: Hearing Officer Alex Karlin FROM: Sadie Symens, Deputy City Attorney Re: City Attorney Request for Reconsideration of Decision in #ADM00040264 On October 7, 2025, you issued your written decision on administrative citation appeal #ADM00040264 (the “Decision.”) The City Attorney’s office herein requests reconsideration of your conclusion stated in Section 13(C) of said appeal, as further clarified below. This office further objects to the ex parte communication provided by Matt Davies on September 28, 2025, and raises this communication and an opportunity for the City to respond as an additional basis for seeking reconsideration. This Office argued that Appellant’s termination of the long-term lease removed Ms. Valentine’s mobilehome tenancy in Space A28 from the long-term lease exemption, since that exemption no longer applies “upon the expiration of or other termination of any such lease or contract,” at which point the MHPRSO “shall immediately be applicable to the tenancy.” Appellant does not dispute that Ms. Valentine’s lease was terminated, nor could they. However, your decision does not appear to address the application of the MHPRSO to the tenancy of Space A28 following Ms. Valentine’s eviction (“other termination of any such lease or contract.” SLOMC 5.44.030(E).) This Office therefore seeks clarification on your apparent finding that the terms of South Peak’s form lease for her tenancy, which Appellants admitted to have been terminated, govern over the terms of the City’s MHPRSO (“Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Decision, p. 6.) It is the City’s restated position that the long-term lease must be operable at the time of a proposed increase in order for it to fall within the scope of the MHPRSO exemption. Since both parties agree that the long-term lease was terminated, the continued tenancy of less than a year, which permitted by a settlement agreement after the termination, should not be held to be exempt from the rent increase provisions of the MHPRSO governing transfers of units remaining in place. Similarly, the terms of a terminated lease (i.e., section 5.2) cannot govern Ms. Valentine’s tenancy that was permitted after the termination, pursuant to the terms of a separate written settlement agreement permitting occupancy for a finite period of time less than one year. This argument, raised by this Office in its Brief, does not appear to have been addressed in your decision. Page 2 Additionally, on October 5, 2025, this Office was made aware that Matt Davies sent you an ex parte communication on Sunday, September 28, 2025 (one calendar day before you considered this matter), which was not sent to anyone at the City. Mr. Davies accused the City of, among other things, “cherry pick[ing] its own ordinance and twist[ing] meanings,” misstating facts surrounding Civil Code §798.17, and presenting “misrepresentations, half truths, and flat out lies related to state law.” The City, obviously, did not have an opportunity to respond to this communication. Although you have stated that you did not consider this communication in issuing your decision, the City raises this improper communication as further basis for reconsideration. 9 From:City of San Luis Obispo, CA <slocitywebmaster@enotify.visioninternet.com> Sent:Wednesday, October 15, 2025 3:01 PM To:Dietrick, Christine Subject:San Luis Obispo, CA rent stablization ordinance Message submitted from the <City of San Luis Obispo, CA> website. Site Visitor Name: Sherry Enns Site Visitor Email: We want to complain that Harmony Communities who represents the owners of South Peak Mobile Home Park here in SLO, is quoting our new land lease at space $1495.00 from $855 upon selling our mobile home. This land lease increase kills our sales and many others throughout the park. 10 From:City of San Luis Obispo, CA <slocitywebmaster@enotify.visioninternet.com> Sent:Wednesday, October 15, 2025 2:53 PM To:Amberg, Mark Subject:Rent stablelization Mobile Home Parks Message submitted from the <City of San Luis Obispo, CA> website. Site Visitor Name: Sherry Site Visitor Email: I request help from you to proceed in contacting Harmony Communities for imposing an illegal 45% increase in our land lease upon selling our unit @ space in South Peak Mobile Home Park in San Luis Obispo, CA. This kills all our sales. 19 From:Belghoul, Amel Sent:Tuesday, October 7, 2025 12:52 PM To:Jason Dilday; Matt Davies; nancy@harmonycom.com Cc:Zion, Sarah Subject:Notice of Decision- Davies Attachments:Fwd: SLO City Administrative Hearing; 20251007_Notice - Decision_Davies.pdf Matt Davies: Please see the attached. Additionally, enclosed is an email sent to the hearing officer on September 28, 2025, that is not included in the record. Thank you, Amel Belghoul Legal Assistant I City Attorney's Office E ABelghou@slocity.org T 805.781.7555 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. City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org October 7, 2025 Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Via First Class and Certified Mail Email: matt@harmonycom.com Re: NOTICE OF DECISION Appeal of Administrative Citation # ADM 00040264 APPEAL GRANTED, CITATION REVOKED (DISMISSED) To Village Properties LLC a CA LLC/Harmony Community: On or after September 29,2025, Hearing Officer Alex Karlin reviewed your administrative citation appeal, considered the evidence, and made the determination indicated above. The decision of the Hearing Officer is attached. The City’s Community Development Department will void the invoices and no further action is required on your part. Sincerely, Amel Belghoul Legal Assistant City Attorney’s Office Attachment: Hearing Decision on Administrative Citation Appeal 1 DECISION WITHOUT IN-PERSON HEARING ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of Village Properties LLC a CA LLC/Harmony Community 1. Citation number: 00040264 2. Location of charged violation: 145 South Street, San Luis Obispo, CA 93401 3. APN: 004-802-020 4. Date of charged violation: June 20, 2025 5. Name of charged Violator/Appellant: Village Properties LLC a CA LLC/Harmony Community 6. Representative of Appellant: Jason Dilday, Attorney 7. Description of charged violation a. SLO City Municipal Code section: 5.44.060(C) b. Description of charged violation: Base Space Rent – Determination Allowable Increases Without Hearing c. Fine Assessed: $100 8. Date of Hearing: The Appellant waived its right to a hearing. Therefore, this decision has been made on the record. 9. Name of Hearing Officer: Alex S. Karlin 10. PROCEDURAL POSTURE AS REFLECTED IN THE RECORD On May 30, 2025, Sadie Symens, Deputy City Attorney for the City of San Luis Obispo, CA sent a letter to the Appellant and Judy Tsai, attorney, notifying them that the City considered the Appellant’s “proposed increase in the space rent for space 28 at South Peak Mobile Home Park by 108% would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance.” (May 30 Letter). Ms. Symens said the Appellant was in violation of Section 5.44.060(C) of the San Luis Obispo Municipal Code (SLOMC 5.44.060(C)). On June 24, 2025, Rami Salem, Code Enforcement Officer & Safe Housing Coordinator for the City of San Luis Obispo, CA sent a Notice to Correct Code Violation(s)/Notice of Violation (June 24 NOV) to the Appellant stating that the Appellant was in violation of SLOMC 5.44.060(C) and asking the Appellant to correct the violation immediately. On June 26, 2025, the Appellant requested a Director’s review of the June 24 NOV. On July 10, 2025, John Mezzapesa, Interim Deputy Building Official for the City of San Luis Obispo, CA sent a Director’s Decision After Review of Notice to Correct/Notice of Violation to the Appellant’s representative, Matthew Davies. (July 10 Director’s Decision). The decision 2 analyzed and rejected the Appellant’s reasoning and arguments and instructed the Appellant to “take action to correct the code violation(s) immediately.” On July 23, 2025, the City of San Luis Obispo issued Citation 00040264 to the Appellant, citing it with violating SLOMC 5.44.060(C), ordering it to correct the violation immediately, and imposing a $100 fine. (Citation). The Citation alleged that the date of the violation was June 20, 2025. On July 29, 2025, the Appellant appealed the Citation (Appeal). The Appeal stated that there was no violation of SLOMC 5.44.060(C) and raised three primary arguments. First, that there had been a “change of ownership resulting from the vacation of the space” and therefore the rent increase was legal. Second, that the unit in space A28 “is an RV, not a mobile home” and therefore that the City’s Mobile Home Part Rent Stabilization Ordinance (specifically SLOMC 5.44.060(C)) is not applicable. Third, that “Ms. Valentines A28 tenancy was the product of a 20- year lease” and thus exempt from SLOMC 5.44.060(C) pursuant to SLOMC 5.44.030(E). On September 19, 2025, Mr. Jason Dilday, attorney, filed a brief herein on behalf of the Appellant. (Appellant’s Brief). The Appellant’s brief raised the same three arguments reflected in the Appeal and included six exhibits (A through F). On September 23, 2025, J. Christine Dietrick and Sadie Symens (City Attorney and Deputy City Attorney, respectively, for the City of San Luis Obispo, CA) filed a brief in support of the Citation (City’s Brief). The City’s Brief included two “Figures,” including a photo of Linda Valentines unit sitting in space A28, and one Attachment. [I note that, on September 28, 2025, Mr. Matt Davies sent an email to me on behalf of the Appellant and responding to the City’s Brief. (Davies Email). The Davies Email argued that the City’s Brief “it is full of falsehoods and half-truths,” raised entirely new arguments not previously reflected in the Appellant’s filings and not raised in the Appellant’s brief, and argued that “the city makes hearsay arguments that are not backed up by any documentation.” Inasmuch as the Davies Email was filed after the record in this proceeding was closed and shows no indication that it was ever cc’d or otherwise shared with the City Attorney’s Office (or indeed even shared with the Appellant’s own attorney), it is not part of the record in this case and will not be considered.] 11. FINDINGS OF FACT Based on the administrative record in this matter I find the relevant facts to be as follows: The Appellant owns and operates the South Peak Mobile Home Park (SPMHP), located at 145 South Street in San Luis Obispo. Appellant’s Brief P2. SPMHP is a mobile home park within the meaning of SLOMC 5.44.020(B). On July 13, 2023, the Appellant (or its predecessor) signed a “Long Term Rental Agreement” with Ms. Linda Valentine and Ms. Vanessa Valentine leasing Space A28 to them for 20 years. Appellant’s Exhibit A. (Hereinafter “20 Year Lease”). Both Valentines signed as “homeowner.” The 20 Year Lease sets Base Rent of $695 per month for the first year (section 1.3) and specifies that thereafter the rent will increase no less than 3.95%, nor more than 9% over prior year’s rent “if the term of the Agreement . . . is a 20 year term.” (section 5.1). The following statement is at the top of the first page of the 20 Year Lease “THIS LONG-TERM RENTAL 3 AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED.” Meanwhile, on July 10, 2023, Appellant or its predecessor) executed a “Home Purchase Agreement” with Linda Valentine selling her a “home” described cryptically as a “2018 Champion” serial number 1c912353j1324285. Appellant’s Exhibit C. The record includes a copy of a California Department of Moter Vehicles Registration Card for the same 2018 Champion, characterizing it as a “vehicle,” specifically as a “TRAILER.” Appellant’s Exhibit B. The DMV registration is valid from 2018 to 2019. There is no evidence as to whether it is currently registered as a “vehicle” with DMV. According to the City, it did a recent (undated) search of the website of the California Department of Housing and Community Development (HCD) which research showed the SPMHP as having 75 spaces for mobile homes and zero spaces for recreational vehicles (RVs). City Brief, Figure 1. The evidence also includes an undated photograph of “Linda Valentine’s mobile home parked in Space 28.” City Brief, Figure 2. The record reflects, that sometime in 2024 or 2025, a dispute apparently arose between the Appellant and the Valentines. The City’s Brief contains a long passage referencing this dispute. City’s Brief P 4-5. There seems to have been an “unlawful detainer stipulation, an eviction attempt, an “eviction settlement agreement,” a “termination of tenancy” and maybe another “stipulation agreement.” I am not able to sort it out. The record herein also includes a strange document titled “Information for Prospective Homeowners” that says that “if you are approved for tenancy” the monthly rent will be $1595 for “space A28.” City’s Brief, Attachment A. The City uses this figure as the basis for asserting that the Appellant is proposing a 108% increase in rent ($1,595 being 108% of the then current rent of $767.91). City’s Brief P 6. Attachment A contains a signature space for the Park Manager of SPMHP, but it is not signed. It is dated May 1, 2025. Suffice it to say, this case does not involve resolving any of those issues. The City maintains that these wranglings and documents amount to the termination of the 20 Year Lease and the creation of a new short-term lease. More on that anon. The evidence also includes a copy of a June 6, 2025, email from Evan Harris, a Staff Attorney with California Rural Legal Assistance Inc, to Melissa Lawley, Judy Tsai, and Jessica Lu regarding “South Peak v. Valentine.” Appellant’s Brief, Exhibit D. In it, Mr. Harris states “Ms. Valentine has officially vacated the unit, the unit is now unoccupied, and all of her belongings have been removed.” He goes on to assert “she retains ownership and access to the property.” Mr. Harris appears to be representing Ms. Valentine in South Peak v. Valentine. I infer that he is representing LINDA Valentine. See Appellant’s Brief P2. Thus, while the evidence shows that at some point Ms. Linda Valentine vacated the “unit” i.e., the 2018 Champion, there is no indication in the record that the 2018 Champion itself has ever been removed from Space A28. Finally, the administrative record reflects that Ms. Valentine is attempting to sell the 2018 Champion but does not indicate whether she has succeeded or whether there has been a “change of ownership.” 4 12. KEY PROVISIONS OF LAW The San Luis Obispo Mobile Park Rent Stabilization Ordinance at SLOMC 5.44.060(C) states, in pertinent part: The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting the 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 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.” Emphasis added. SLOMC 5.44.030(E) states, in pertinent part: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: (E) Tenancies covered by leases or contracts which provide for a tenancy of more than year, but only for the duration of such lease or contract.” 13. LEGAL ANALYSIS AND CONCLUSIONS The Appellant argues that SLOMC 5.44.060(C) does not apply to this case for three independent reasons. I will address each in turn. A. Whether the Unit on Space A28 is a “Mobile Home” The Appellant contends that the object sitting in space A28 (a “Champion 18”) is a recreational vehicle (RV) and not a “mobile home” and thus not subject to the rent control strictures of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance, SLOMC 5.44.060(C). Appellant correctly notes that the mobile home ordinance never defines the term “mobile home.” Further, the California DMV issued a vehicle registration for the Champion 18 in 2018-2019, describing it as a “vehicle – trailer.” The City argues that the Champion 18 is a mobile home, that the Appellant’s operation at 145 South Street is denominated and regulated as a mobile home park, that the Appellant has treated it as a mobile home, that it meets the purposes and intent of the City ordinance, and that the ordinance does not define or exclude RV’s from also being a mobile home. Further, the City argues that: “Mobilehome under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types . . 5 which are used for human habitation if . . . the trailer or other recreational vehicle occupies a mobile home site for nine or more continuous months. Although the unit does not appear to meet the definition of an RV under Health and Safety Code 18010, even if it did, it would still be considered a mobile home since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease.” City’s Brief P3. For reasons set forth by the City, I conclude that the unit that is sitting in Space A28 in the South Peak Mobile Home Park is a “mobile home” and is subject to the letter and spirit of SLOMC 5.44.060(C). The 20 Year Lease specifies that the Valentines are “Homeowners,” and uses the terminology of “home,” “homeowner,” “housing,” and “mobile home” throughout. The Valentines signed the lease as “homeowners.” Even the Home Purchase Agreement refers to the unit (Champion 2018) as a “home.” The name of the Appellant’s operation at 145 South Street is “South Peak Mobile Home Park” It is regulated by the City as a mobile home park. The photograph submitted by the City (City’s Brief, Figure 2), shows that the unit is firmly planted on space A28. And, even if the unit is in some sense movable (i.e., “mobile”) that does not mean that it cannot be both a mobile home and an RV. And even if it is an RV, given that the unit has occupied Space A28 for nine or more continuous months, it is a mobile home for purposes of State law and SLOMC 5.44.060(C). B. Whether there has been a “change of ownership resulting from vacation of the space” Appellant next argues that since Ms. Valentine no longer lives in the mobile home, space A28, there has been a “change of ownership resulting in a vacation of the space” pursuant to the fourth sentence of SLOMC 5.44.060(C), entitling the landlord to increase the rent to fair market value. For reasons set forth by the City, I reject the Appellant’s argument. The plain language of the ordinance refers to a “vacation of the space.” Here, the “space” is space A28, a piece of real estate. The 20 Year Lease speaks in terms of “space.” The entire scheme of SPMHP is that the Appellant owns the land and leases the land to the homeowner/tenant who places a mobile home on the space or RE lot designated by the Appellant. Vacating the mobile home does not constitute vacating the space. Appellant contends that the foregoing construction “would render the provision meaningless, as a ‘new unit . . . owned by a new owner’ means there would never be a ‘change of ownership resulting from a vacation.’” I disagree. The Appellant disregards the fact that this portion of SLOMC 5.44.060(C) could reasonably apply to the situation in which a mobile home is removed from a space, i.e., vacates the space, and a new mobile home with a new owner moves into the space. Meanwhile, the Appellant’s interpretation could lead to the absurd conclusion that whenever the homeowner walks out her front door, there has been a “vacation” that renders her subject to a FMV rent increase. C. Whether the Long-Term Lease Exemption applies The Appellant’s third primary argument is that SLOMC 5.44.030(E) expressly exempts “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but 6 only for the duration of such lease or contract.” Appellant says the 20 Year Lease “qualifies unequivocally” under this exemption. The lease term is for 20 years. The lease begins with a prominent, boldface, all capital letters assertion that “THIS LONG-TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44.” The City counters by arguing that the circumstances surrounding the apparent legal disputes between Ms. Valentine and the Appellant mean, that somewhere in the melee, the 20 Year Lease was terminated and that, because the Appellant had permitted Ms. Valentine to continue to occupy the mobile home for a temporary and short time before evacuating, her lease had been converted to a short term one to which SLOMC 5.44.030(E) is not applicable. Indeed, the City says that on August 20, 2025 (long after the legal disputation of the lease began and after June 20, 2025, the date of the alleged violation) the Appellant served a notice of “termination of tenancy” on Ms. Valentine. City’s Brief P5. This notice, the City contends, dissolved the long- term lease and started a new short-term lease. This document came among many others during the squabbles. On this basis, the City argues that SLOMC 5.44.030(E) is not applicable, that SLOMC 5.44.060(C) governs, and that the Appellant is prohibited from raising the rent to FMV.. The Appellant counters that its proposed rental increase upon change of ownership of the mobile home is authorized by the 20 Year Lease and falls within the scope of SLOMC 5.44.030(E). Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Appellant adds that section 21.1. of the lease mandates assignment of the lease upon the sale of the mobile home. Thus, Appellant argues that the sale of the mobile home by Ms. Valentine did not create a new lease or tenancy, because the 20 Year Lease is mandatorily assigned to the new tenant. The City’s final argument is that the exemption for long term leases under SLOMC 544.030(E) “was a requirement under state law [cites omitted] and that as of January 1, 2025, state law no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinances.” City’s Brief P5. For reasons set forth by the Appellant, I conclude that the exemption set forth in SLOMC 5.44.030(E) applies here. Ms. Valentine signed a long term lease and long term leases are explicitly exempt from the rent control ordinance. I decline to conclude that some sort of de facto short-term lease, subject to the strictures of the City’s ordinance, arose out of the ashes of the Appellant-Valentine dispute and thus vitiated the terms of the 20 Year Lease. The fact that the City enacted the SLOMC 5.44.030(E) exemption because it was imposed by state law, and that the state law now no longer requires this exemption, does not change my analysis. (It would seem that, given the change in state law effective January 1, 2025, the City could now amend its ordinance and eliminate SLOMC 5.44.030(E)). 14. RULING Based on the evidence, statements, and briefs provided by all parties, the Administrative Citation is Revoked. No fine is due. Signed by: Hearing Officer Alex S. Karlin on October 6, 2025. PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On October 7, 2025, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL DECISION to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Email: matt@harmonycom.com [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] By Certified United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I completed and attached to the envelope the additional form required for this type of delivery. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 7, 2025, at San Luis Obispo, California. _____________________________ Amel Belghoul 1 From: Sent:Sunday, October 5, 2025 5:54 PM To:Zion, Sarah Subject:Fwd: SLO City Administrative Hearing Attachments:2024 MRL.pdf Follow Up Flag:Follow up Flag Status:Flagged Please share this with the attorney's for both sides of the case involving Citation 00040264. Technically, it is not part of the record, but it is an ex parte contact that they should be aware of. Thanks Alex ---------- Forwarded message --------- From: Matt Davies <matt@harmonycom.com> Date: Sun, Sep 28, 2025 at 1:08 PM Subject: SLO City Administrative Hearing To: Dear Mr. Karlin, I am writing regarding the South Peak MHP hearing you are presiding over. I read the city’s brief. It is full of falsehoods and half truths. I am offering this reply since the filing from the city brought up new facts and claims that were not previously addressed in their violation notice or prior communications, and we have not been given a chance to rebut them. I want to point out the code sections and their omissions, in order to make sure you are able to review the sections in question, in their entirety. H&S 18010 and 18009.3 provide the definitions for recreational vehicles and park trailer recreational vehicles (park models). Park models are a type of recreational vehicle. H&S 18007 and 18008 provide the definitions for both mobile and manufactured homes. There is no grey area. The city attempts to muddle definitions and what is actually on the lot. CA Civil Code (CCC) 798.3 – The city provided the truncated definition to attempt to bolster their claims. They conveniently left off the remainder of the definition in their brief “(b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.” 2 The state health and safety code gives the definitions for RV’s, not the MRL. The MRL merely grants certain rights to RV’s who have resided in the park for more than 9 months. RV’s don’t magically transfigure into mobile homes after 9 months. The first sentence of section 798.3(b) confirms this: ““Mobilehome,” for purposes of this chapter, other than Section 798.73.” It should also be reiterated that the city’s ordinance predates subsection (b) of 798.3 so cannot incorporate it. Section 798.73 – They conveniently did not cite this full section. Please review 798.73(a). When read in conjunction with the 798.3, it is clear that RV’s can be forced to be removed upon resale because it is an RV, not a mobilehome. Rather than take it from me, I am pasting an FAQ from California HCD. I am also attaching the underlying document which can be found on pdf page 94. #64 Can the resident be forced to move their park-model out of the park after they sell it? Even though it may look like a small home, a park model is not a mobilehome. It is a “park trailer,” as defined in the Health and Safety Code, which is essentially a type of recreational vehicle that has 400 square feet or less of floor space. A number of mobilehome parks in California accommodate both mobilehomes or manufactured homes, as well as recreational vehicles, but provisions of the MRL that require parks to allow homeowners to resell their homes in place in the park only apply if the home is a mobilehome or a manufactured home. Recap: ● A park-model is not a mobilehome, therefore the resident may be forced to move a park-model out of the park when it is sold. It is important to understand that Linda Valentine has no rights under the MRL to be able to sell the RV in place. If we are not able to raise the rent to a reasonable rental level that multiple other residents pay, then it is in our interest to have her remove her RV from the park. This does also upset the apple cart in relation to 20-25 other tenants who own park models. We will simply adjust our practices to force removal on resale. The goal for us is to be able to charge a fair market rent while allowing RV’s to stay on turnover. Civil code 798.17 – The city misstates the facts surrounding this law. For over 30 years, 798.17 provided a statewide exemption from rent control when a lease had a term longer than one year. This statewide exemption was removed 1/1/25 and authority given back to the cities to regulate. Please see SLO ordinance 5.44.030 Exemptions sub (E). The ordinance explicitly exempts leases longer than 1 year. 798.17 is irrelevant. We provided you a copy of the lease agreement. It is clear as day that it is longer than 1 year and has a mandatory assignment clause as well as resetting to a fair market rent on tenant turnover. SLO muni code 5.44.060 (C) - The city cherry picks its own ordinance and twists meanings. It is impossible to reconcile the paragraph with their explanation. If there can only be a “vacation” if the mobile home is removed and a new one comes in, how can there be a change in ownership? It’s an impossibility. Why would an ordinance spend a paragraph 3 talking about something happening that is impossible? The answer is that the city is wrong today in its strained interpretation. When drafting the ordinance, the city recognized that under certain circumstances, the Mobilehome can stay and rent can be increased by more than 10%. This is the case here, the space has been vacated, and the rent is being reset to a fair market rent on change of ownership. Lastly, I have reviewed the entire administrative record and all underlying documents. The city makes hearsay arguments that are not backed up by any documentation.. They reference multiple documents that are not a part of the record: 1. Termination of tenancy 2. Eviction filings 3. Settlement agreement Since the city has not provided anything along these lines to back up their assertions, they should be deemed hearsay and given no weight. We should not be forced to address them and they should be ignored. Further, the city’s brief should be looked at skeptically based on their misrepresentations, half truths, and flat out lies related to state law. Thank you for your time Mr. Karlin. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: ( Main: (209) 932-8747 Matt@HarmonyCom.com 1479-S with Other Selected Laws Governing Mobilehome and RV Park Residency & Frequently Asked Questions 2024CaliforniaMobilehomeResidency Law compliments of California State Senate Select Committee on Manufactured Home Communities mobilehomes.senate.ca.gov compliments of Richard D. Roth, Chair INTRODUCTION Most of the provisions of the California Mobilehome Residency Law (MRL) were enacted piecemeal over a number of years and eventually codified under Chapter 2.5 of the Civil Code in 1978. Since 1978, a number of sections have been amended and others added to the Code. The MRL is divided into nine Articles, by subject, as indicated in the accompanying Table of Contents. The Mobilehome Residency Law, like provisions of conventional landlord-tenant law, are enforced by the courts; that is, the disputing parties must enforce the MRL against one another in a court of law. The State Department of Housing and Community Development (HCD) does not have authority to enforce these Civil Code provisions. For example, a park owner must utilize an unlawful detainer procedure in a court to evict a homeowner for non -payment of rent or failure to abide by reasonable park rules. By the same token, a manufactured homeowner must bring legal action, in court, to enforce a notice or other MRL requirement, or obtain an injunction, if the management will not otherwise abide by the MRL. Other selected laws not part of the MRL but related to park residency are included in this handbook. These include the Recreational Vehicle Park Occupancy Law, first enacted in 1979, which governs tenancies in RV parks. The RV Park Occupancy Law was substantially revised in 1992, dividing it into seven Articles. Also enclosed are relevant laws on mobilehome resale disclosure, park emergency preparedness plans, mobilehome park polling places, registration and titles, and traffic enforcement in mobilehome parks. NOTE: Mobilehome Residency Law Protection Program (MRLPP). Beginning July 1, 2021, any mobilehome or manufactured homeowner living in a mobilehome park under a rental agreement may submit a complaint for an alleged violation of the Mobilehome Residency Law. Any mobilehome or manufactured homeowner residing in a permitted mobilehome park is eligible to submit a complaint. Complaints must be submitted to HCD. HCD provides assistance to help resolve and coordinate resolution of the most severe alleged violations of the Mobilehome Residency Law. For questions regarding the MRLPP please call (800) 952 -8356, email MRLComplaint@hcd.ca.gov or visit www.hcd.ca.gov. A copy of the MRLPP complaint is located at the end of this publication. For the 2024 edition, Assembly Bill 604 (CIV 798.40) clarifies the scope of AB 1061 (Lee, Chapter 625, Statutes of 2021) to explicitly include residents of all mobilehome parks in each of the protections within the statute. These protections include capping each residents’ water service charges to only their proportional share based on monthly usage plus a reasonable administrative fee, eliminating arbitrary and unfair water “service” charges and fees. AB 1280 (CIV 1103.2) revises the Natural Hazard Disclosure Statement that must be provided by a property seller to a potential buyer to include more specific disclosures regarding whether the property falls within current local, or state, high and very high fire hazard severity zones. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 2024 California Mobilehome Residency Law i ARTICLE 1 - GENERAL TABLE OF CONTENTS PAGE Civil Code §798 Title and Application 1 Civil Code §798.1 Application of Definitions 1 Civil Code §798.2 Definition of Management 1 Civil Code §798.3 Definition of Mobilehome 1 Civil Code §798.4 Definition of Mobilehome Park 1 Civil Code §798.6 Definition of Park 1 Civil Code §798.7 Definition of New Construction 1 Civil Code §798.8 Definition of Rental Agreement 2 Civil Code §798.9 Definition of Homeowner 2 Civil Code §798.10 Definition of Change of Use 2 Civil Code §798.11 Definition of Resident 2 Civil Code §798.12 Definition of Tenancy 2 Civil Code §798.13 State Owned Parks - Employees 2 Civil Code §798.14 Delivery of Notice 2 ARTICLE 2 - RENTAL AGREEMENT Civil Code §798.15 In-Writing and Required Contents 2 Civil Code §798.16 Inclusion of Other Provisions 4 Civil Code §798.17 Rental Agreements Exempt from Rent Control 4 Civil Code §798.18 Length of Agreement; Comparable Monthly Terms 5 Civil Code §798.19 No Waiver of Chapter 2.5 Rights 5 Civil Code §798.19.5 Park Owner Right of First Refusal to Purchase Home 5 Civil Code §798.20 No Private Club Discrimination 6 Civil Code §798.21 Not Principal Residence - Rent Control Exempt 6 Civil Code §798.22 Recreational Vehicles in Parks – Designated Areas 7 ARTICLE 3 - RULES AND REGULATIONS Civil Code §798.23 Application to Park Owners and Employees 7 Civil Code §798.23.5 Subleasing 7 Civil Code §798.24 Posting of Common Area Facility Hours 8 Civil Code §798.25 Amendments to Rules and Regulations – Notice 8 Civil Code §798.25.5 Void and Unenforceable Rules or Regulations 9 Civil Code §798.26 Management Entry into Mobilehomes 9 Civil Code §798.27 Notice of Zoning or Use Permit and Duration of Lease 10 Civil Code §798.28 Disclosure of Park Owner’s Name 10 Civil Code §798.28.5 Vehicle Removal from Park 10 Civil Code §798.29 Notice of Mobilehome Ombudsman 10 Civil Code §798.29.6 Installation of Accommodations for the Disabled 10 ARTICLE 3.5 - FEES AND CHARGES Civil Code §798.30 Notice of Rent Increase 11 Civil Code §798.30.5 Rent Restrictions between Two Incorporated Cities 11 Civil Code §798.31 Authorized Fees Charged 13 Civil Code §798.32 Fees Charged for Unlisted Services Without Notice 13 Civil Code §798.33 Pets 13 Civil Code §798.34 Guest and Live-In Care Providers 13 Civil Code §798.35 Members of Immediate Family - No Fees 14 Civil Code §798.36 Enforcement of Park Rules 14 Civil Code §798.37 Entry, Hookup, Landscaping and Maintenance Charges 15 Civil Code §798.37.5 Trees and Driveways 15 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 2024 California Mobilehome Residency Law ii Civil Code §798.38 No Lien/Security Interest Except by Mutual Agreement 15 Civil Code §798.39 Security Deposits 15 Civil Code §798.39.5 Fines and Forfeitures Not Chargeable 16 ARTICLE 4 - UTILITIES Civil Code §798.40 Utility Service Billing; Rate Schedule 16 Civil Code §798.41 Utilities Separately Billed - Reduced from Rent 17 Civil Code §798.42 Notice of Utility Interruption 18 Civil Code §798.43 Disclosure of Common Area Utility Charges 18 Civil Code §798.43.1 California Alternate Rates for Energy Program (CARE) 18 Civil Code §798.44 Liquefied Petroleum Gas Sales 19 ARTICLE 4.5 - RENT CONTROL Civil Code §798.45 New Construction Exempt 19 Civil Code §798.49 Government Fees and Assessments That Are Exempt 19 ARTICLE 5 - HOMEOWNER COMMUNICATIONS AND MEETINGS Civil Code §798.50 Legislative Intent 20 Civil Code §798.51 Right to Assemble, Meet, Canvass, Petition, Invite Speakers 20 Civil Code §798.52 Injunctive Action to Enforce Rights 20 ARTICLE 5.5 - HOMEOWNERS MEETINGS WITH MANAGEMENT Civil Code §798.53 Management Meetings with Residents 21 ARTICLE 6 - TERMINATION OF TENANCY Civil Code §798.55 Legislative Intent; Termination for Cause; 60-Day Notice 21 Civil Code §798.56 Seven Authorized Reasons for Termination of Tenancy 21 Civil Code §798.56a Notice Requirement of Legal Owner/Junior Lienholder 23 Civil Code §798.57 Statement of Reasons in Notice 25 Civil Code §798.58 No Termination to Make Space for Park Owner’s Buyer 25 Civil Code §798.59 60-Day Notice by Resident of Termination 25 Civil Code §798.60 Application of Other Unlawful Detainer Laws 25 Civil Code §798.61 Civil Code §798.62 Abandoned Mobilehomes – Procedures 25 Building After a Wild Fire or Natural Disaster 28 ARTICLE 7 - TRANSFER OF MOBILEHOME OR MOBILEHOME PARK Civil Code §798.70 “For Sale” Signs 28 Civil Code §798.71 Management Showing or Listing – Prohibitions 29 Civil Code §798.72 No Transfer or Selling Fee 29 Civil Code §798.73 Removal of Mobilehome Upon Sale to Third Party 30 Civil Code §798.73.5 Home Upgrades on Resale 30 Civil Code §798.74 Management Approval of Buyer; Credit Rating Refund 31 Civil Code §798.74.4 Mobilehome Resale Disclosure to New Buyer 32 Civil Code §798.74.5 Rent Disclosure to Prospective Homeowners 32 Civil Code §798.75 Rental Agreement Required for Park Occupancy 33 Civil Code §798.75.5 Mobilehome Park Disclosure Form 33 Civil Code §798.76 Senior-Only Restrictions 35 Civil Code §798.77 No Waiver of Rights 35 Civil Code §798.78 Rights of Heir or Joint Tenant of Owner 35 Civil Code §798.79 Repossession of Mobilehome; Sale to Third Party 35 Civil Code §798.80 Sale of Park – Notice by Management 36 Civil Code §798.81 Listing or Sales – Prohibitions 36 Civil Code §798.82 School Impact Fee Disclosure 36 Civil Code §798.83 Homeowner Repair of the Space 37 2024 California Mobilehome Residency Law iii ARTICLE 8 – ACTIONS, PROCEEDINGS, AND PENALTIES Civil Code §798.84 Notice of Lawsuit for Failure to Maintain 37 Civil Code §798.85 Attorney’s Fees and Costs 37 Civil Code §798.86 Management Penalty for Willful Violation 37 Civil Code §798.87 Public Nuisances and Abatement 37 Civil Code §798.88 Injunction for Violation of Park Rules 38 ARTICLE 9 – SUBDIVISIONS, COOPERATIVES, CONDOMINIUMS AND RESIDENT-OWNED PARKS Civil Code §799 Definitions 38 Civil Code §799.1 Rights Governed 38 Civil Code §799.1.5 Advertising Sale of Home; “For Sale” Signs 39 Civil Code §799.2 Listing or Showing of Home by Park Management 39 Civil Code §799.2.5 Management Entry into Home 39 Civil Code §799.3 Removal of Mobilehome upon Third Party Sale 39 Civil Code §799.4 Withholding Prior Approval of Purchaser 39 Civil Code §799.5 Senior Only Restrictions 40 Civil Code §799.6 No Waiver of Rights 40 Civil Code §799.7 Notice of Utility Interruption 40 Civil Code §799.8 School Impact Fee Disclosure 40 Civil Code §799.9 Caregivers Living with Homeowners 40 Civil Code §799.10 Political Campaign Signs 41 Civil Code §799.11 Installation of Accommodations for the Disabled 41 OTHER SELECTED PROVISIONS OF LAW RELATING TO MOBILEHOMES MANUFACTURED HOME & MOBILEHOME RESALE DISCLOSURE Civil Code §1102 Disclosure on Mobilehome Resales 42 Civil Code §1102.1 Disclosure Clarification 42 Civil Code §1102.2 When Disclosure not Applicable 43 Civil Code §1102.3a Mobilehome Sales Subject to Disclosure 43 Civil Code §1102.6d Mobilehome Transfer Disclosure Form 43 Civil Code §1102.6e Notice of Transfer Fee 48 Civil Code §1102.9 Disclosure Amendments 48 DISCLOSURE OF NATURAL HAZARDS UPON OF RESIDENTIAL PROPERTY Civil Code §1103 Application of Disclosure 48 Civil Code §1103.1 Exclusions 49 Civil Code §1103.2 Natural Hazard Disclosure Form 52 Civil Code §1103.3 Delivery to Buyer 52 Civil Code §1103.4 Liability for Errors 52 Civil Code §1103.5 Relief from Duty to Disclose 54 Civil Code §1103.7 Good Faith 54 Civil Code §1103.8 Other Disclosures 54 Civil Code §1103.9 Amendments to Disclosure 55 Civil Code §1103.10 Personal Delivery or Mail 55 Civil Code §1103.11 Those Who Are Not Agents 55 Civil Code §1103.12 Agent’s Responsibilities 55 Civil Code §1103.13 No Transaction Invalidated 55 Civil Code §1103.14 Listing Agent Defined 55 AGENTS’ MOBILEHOME RESALE DISCLOSURE Health & Safety Code §18025 Agents Subject to §18046 55 2024 California Mobilehome Residency Law iv Health & Safety Code §18046 LOT LINES Agent’s Duty of Disclosure 56 Health & Safety Code §18610.5 Mobilehome and Special Occupancy Parks Lot Lines 56 OCCUPANCY PROHIBITIONS Health & Safety Code §18550 Unlawful Occupancy 57 Health & Safety Code §18550.1 Unlawful Occupancy: HCD Notice 57 PARK EMERGENCY PREPAREDNESS AND PROCEDURES Health & Safety Code §18603 Emergency Preparedness Plans 57 POLLING PLACE Elections Code §12285 Mobilehome Park as Polling Place 58 REGISTRATION AND TITLE Health & Safety Code §18080.4 Registration Card in Every Mobilehome 58 Health & Safety Code §18092.7 Tax Clearance Certificate 58 Health & Safety Code §18107 Notice of Transfer and Release of Liability 58 Health & Safety Code §18108 Renewals and Replacements 58 Health & Safety Code §18116.1 Lien/Unpaid Fees 59 Health & Safety Code §18122.5 Penalties 60 Vehicle Code §5903 Abandonment and Sale: Notice and Application 60 TRAFFIC Vehicle Code §21107.9 Speed Enforcement Agreements 60 ARTICLE 1 – DEFINITIONS Civil Code §799.20 Title of Chapter 61 Civil Code §799.21 Application of Definitions 61 Civil Code §799.22 Definition of Defaulting Occupant 61 Civil Code §799.23 Definition of Defaulting Resident 61 Civil Code §799.24 Definition of Defaulting Tenant 61 Civil Code §799.25 Definition of Guest 61 Civil Code §799.26 Definition of Management 61 Civil Code §799.27 Definition of Occupancy 61 Civil Code §799.28 Definition of Occupant 61 Civil Code §799.29 Definition of RV 61 Civil Code §799.30 Definition of RV Park 62 Civil Code §799.31 Definition of Resident 62 Civil Code §799.32 Definition of Tenant 62 ARTICLE 2 - GENERAL PROVISIONS Civil Code §799.40 Cumulative Rights 62 Civil Code §799.41 Not Applicable to Mobilehomes 62 Civil Code §799.42 No Waiver of Rights 62 Civil Code §799.43 Registration Agreement 62 Civil Code §799.44 Rules and Regulations 62 Civil Code §799.45 Rental Agreement Optional 62 Civil Code §799.46 Sign Requirement/Reasons for RV Removal 62 RECREATIONAL VEHICLE PARK OCCUPANCY LAW 2024 California Mobilehome Residency Law v ARTICLE 3 - DEFAULTING OCCUPANTS Civil Code §799.55 72-Hour Notice 63 Civil Code §799.56 Service of 72-Hour Notice 63 Civil Code §799.57 Notice of RV Removal 63 Civil Code §799.58 RV Removal/Notice to Sheriff 63 Civil Code §799.59 Reasonable Care in RV Removal 63 ARTICLE 4 - DEFAULTING TENANTS Civil Code §799.65 Five Days to Pay Due Rent/Three-Day Noticeto Vacate 63 Civil Code §799.66 Thirty Days’ Notice of Termination 64 Civil Code §799.67 Eviction Procedures 64 ARTICLE 5 - DEFAULTING RESIDENTS ARTICLE 6 - LIENS FOR RV’S & ABANDONED POSSESSIONS Civil Code §799.75 Upon Default/Civil Code Procedure 65 ARTICLE 7 - ACTIONS AND PROCEEDINGS Civil Code §799.78 Civil Code §799.78 65 Civil Code §799.79 $500 Damages/Willful Violations by Management 65 APPENDIX Frequently Asked Questions 66 Community Resources 88 INDEX 106 Civil Code §799.70 Terminating of Tenancy/Notice 64 Civil Code §799.71 Eviction Procedures 64 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 1 CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE ARTICLE 1 - GENERAL 798 TITLE AND APPLICATION This Chapter shall be known and may be cited as the “Mobilehome Residency Law.” (Amended by Stats. 1992, Chap. 958 (SB 1655, Craven), eff. 9/28/1992) 798.1 APPLICATION OF DEFINITIONS Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter. (Amended by Stats. 1978, Chap. 1031 (SB 2119, Mills), eff. 1/1/1979) 798.2 DEFINITION OF MANAGEMENT “Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park. (Added by Stats. 1978, Chap. 1031 (SB 2119, Mills), eff. 1/1/1979) 798.3 DEFINITION OF MOBILEHOME (a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. (b) “Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20). (Amended by Stats. 2005, Chap. 595 (SB 253, Torlakson), eff. 1/1/2006) 798.4 DEFINITION OF MOBILEHOME PARK “Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. (Added by Stats. 1978, Chap. 1031 (SB 2119, Mills), eff. 1/1/1979) 798.6 DEFINITION OF PARK “Park” is a manufactured housing community as defined in Section 18210.7 of the Health & Safety Code, or a mobilehome park. (Amended by Stats. 2007, Chap. 596 (AB 382, Saldana), eff. 1/1/2008) 798.7 DEFINITION OF NEW CONSTRUCTION “New Construction” means any newly constructed spaces initially held out for rent after January 1, 1990. A mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code. (b) “New mobilehome park construction” means all spac es contained in a newly constructed mobilehome park for which a permit to operate is first issued by the enforcement agency on or after Jauary 1, 2023. (Added Amended by Stats. 1989 2022, Chap. 412 666 (SB 1241, Leonard SB 940, Laird), eff. 1/1/1990 2023) 2023 MOBILEHOME RESIDENCY LAW 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 2 798.8 DEFINITION OF RENTAL AGREEMENT “Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.9 DEFINITION OF HOMEOWNER “Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.10 DEFINITION OF CHANGE OF USE “Change of use” means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. (Amended by Stats. 1980, Chap. 137 (AB 760, Ellis), eff. 1/1/1982) 798.11 DEFINITION OF RESIDENT “Resident” is a homeowner or other person who lawfully occupies a mobilehome. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.12 DEFINITION OF TENANCY “Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.13 STATE OWNED PARKS - EMPLOYEES (a) This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome owned or occupied by an employee of the state. (b) Notwithstanding subdivision (a), a state employer shall provide the occupant of a privately owned mobilehome that is situated in an employee housing area owned, operated, or maintained by the state, and that is occupied by a state employee by agreement with his or her state employer and subject to the terms and conditions of that state employment, with a minimum of 60-days’ notice prior to terminating the tenancy for any reason. (Added by Stats. 2000, Chap. 471 (AB 2008, Committee on Housing), eff. 1/1/2001) 798.14 DELIVERY OF NOTICE (a) Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United States mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park. (b) All notices required by this chapter to be delivered prior to February 1 of each year may be combined in one notice that contains all the information required by sections under which the notices are given. (Amended by Stats. 2012, Chap. 478 (AB 2150, Atkins), eff. 1/1/2013) ARTICLE 2 - RENTAL AGREEMENT 798.15 IN-WRITING AND REQUIRED CONTENTS The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following: (a) The term of the tenancy and the rent therefor. (b) The rules and regulations of the park. (c) A copy of the text of this chapter shall be provided as an exhibit and shall be i ncorporated into the rental agreement by reference. Management shall do one of the following prior to February 1 of each year, if a significant change was made in this chapter by legislation enacted in the prior year: (1) Provide all homeowners with a copy of this chapter. (2) Provide written notice to all homeowners that there has been a change to this chapter and that they mayobtain 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 3 one copy of this chapter from management at no charge. Management must provide a copy within a reasonable time, not to exceed seven days, upon request. (d) A provision specifying that (1) it is the responsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition and (2) with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, the management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. For purposes of this subdivision, a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay. (e) A description of the physical improvements to be provided the homeowner during his or her tenancy. (f) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for thoseservices. (g) A provision stating that management may charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the homeowner fails to maintain the land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent. (h) All other provisions governing the tenancy. (i) A copy of the following notice. Management shall also, prior to February 1 of each year, provide a copy of the following notice to all homeowners: IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF THE FOLLOWING: The Mobilehome Residency Law (MRL), found in Section 798 et seq. of the Civil Code, establishes the rights and responsibilities of homeowners and park management. The MRL is deemed a part of the terms of any park rental agreement or lease. This notice is intended to provide you with a general awareness of selected parts of the MRL and other important laws. It does not serve as a legal explanation or interpretation. For authoritative information, you must read and understand the laws. These laws change from time to time. In any year in which the law has changed, you may obtain one copy of the full text of the law from management at no charge. This notice is required by Civil Code Section 798.15(i) and the information provided may not be current. Homeowners and park management have certain rights and responsibilities under the MRL. These include, but are not limited to: (1) Management must give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase. (Civil Code Section 798.30) (2) No rental or sales agreement may contain a provision by which a purchaser or a homeowner waives any ofhis or her rights under the MRL. (Civil Code Sections 798.19, 798.77) (3) Management may not terminate or refuse to renew a homeowner’s tenancy except for one or more of the authorized reasons set forth in the MRL. (Civil Code Sections 798.55, 798.56) Homeowners must pay rent, utility charges, and reasonable incidental service charges in a timely manner. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) (4) Homeowners, residents, and their guests must comply with the rental agreement or lease, including the reasonable rules and regulations of the park and all applicable local ordinances and state laws and regulations relating to mobilehomes. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) (5) Homeowners have a right to peacefully assemble and freely communicate with respect to mobilehome living and for social or educational purposes. Homeowners have a right to meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Homeowners may not be charged a cleaning deposit in order to use the park clubhouse for meetings of resident organizations or for other lawful purposes, such as to hear from political candidates, so long as a homeowner of the park is hosting the meeting and all park residents are allowed to attend. Homeowners may not be required to obtain liabi lity insurance in order to use common facilities unless alcohol is served. (Civil Code Sections 798.50, 798.51) (6) If a home complies with certain standards, the homeowner is entitled to sell it in place in the park. If you sell your home, you are required to provide a manufactured home and mobilehome transfer disclosure statement to the buyer prior to sale. (Civil Code Section 1102.6d) When a home is sold, the owner is required to transfer the title to the buyer. The sale of the home is not complete until you receive the title from the seller. It is the responsibility of 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 4 the buyer to also file paperwork with the Department of Housing and Community Development to register the home in his or her name. (Civil Code Sections 798.70-798.74) (7) Management has the right to enter the space upon which a mobilehome is situated for maintenance of utilities, trees, and driveways; for inspection and maintenance of the space in accordance with the rules and regulations of the park when the homeowner or resident fails to maintain the space; and for protection and maintenance of the mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment of his or her home. (Civil Code Section 798.26) (8) A homeowner may not make any improvements or alterations to his or her space or home without following the rules and regulations of the park and all applicable local ordinances and state laws and regulations, which may include obtaining a permit to construct, and, if required by park rules or the rental agreement, without prior written approval of management. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) (9) In California, mobilehome owners must pay annual property tax to the county tax c ollector or an annual fee in lieu of taxes to the Department of Housing and Community Development (HCD). If you are unsure which to pay, contact HCD. Failure to pay taxes or in lieu fees can have serious consequences, including losing your home at a tax sale. (10) For more information on registration, titling, and taxes, contact: the Department of Housing and Community Development www.hcd.ca.gov (800) 952-8356; your County Tax Collector; or call your local county government. (Amended by Stats. 2016, Chap. 396 (AB 587, Chau), eff. 1/1/2017) 798.16 INCLUSION OF OTHER PROVISIONS (a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter. (b) Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner. (Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005) 798.17 RENTAL AGREEMENTS EXEMPT FROM RENT CONTROL; RIGHT TO INSPECT (a) (1) Except as provided in subdivisions (i), (j), and (k), rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any. (2) In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant forrent. (b) Rental agreements subject to this section shall meet all of the following criteria: (1) The rental agreement shall be in excess of 12 months’ duration. (2) The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner. (3) The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement. (4) The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement tomanagement. (5) The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. (c) If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement orrescinds 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 5 a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement. (d) Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section. (e) With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof. (f) At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner. (g) No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner. (h) This section does not apply to or supersede other provisions of this part or other state law. (i) This section shall not apply to any rental agreement entered into on or after January 1, 2021. (j) This section shall not apply to any rental agreement entered into from February 13, 2020, to December 31, 2020, inclusive. (k) This section shall remain in effect until January 1, 2025, and as of that date is repealed. As of January 1, 2025, any exemption pursuant to this section shall expire. (l) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats, 2021 Chap. 35 (AB 2782, Stone), eff.2021) 798.18 LENGTH OF AGREEMENT; COMPARABLE MONTHLY TERMS (a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management. (b) No agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the rental agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month basis. (c) No rental agreement for a term of 12 months or less shall include any provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement beyond the initial term for a term longer than 12 months at the sole option of either the management or the homeowner. (Amended by Stats. 1992, Chap. 289 (SB 1454, Craven), eff. 1/1/1993) 798.19 NO WAIVER OF CHAPTER 2.5 RIGHTS No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy and void. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.19.5 PARK OWNER RIGHT OF FIRST REFUSAL TO PURCHASE HOME A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to management the right of first refusal to purchase a homeowner’s mobilehome that is in the 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 6 park and offered for sale to a third party pursuant to Article 7 (commencing with Section 798.70). This section does not preclude a separate agreement for separate consideration granting the park owner or management a right of first refusal to purchase the homeowner’s mobilehome that is in the park and offered for sale. (Added by Stats. 2005, Chap. 35 (SB 237, Migden), eff. 1/1/2006) 798.20 NO PRIVATE CLUB DISCRIMINATION (a) Membership in any private club or organization that is a condition for tenancy in a park sh all not be denied on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of th e Government Code. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of this code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended by Stats. 2006, Chap. 578 (AB 2800, Laird), eff. 1/1/2007) 798.21 NON-PRINCIPAL RESIDENCE - RENT CONTROL EXEMPT (a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent. (b) Nothing in this section is intended to require any homeowner to disclose information concerning his or her personal finances. Nothing in this section shall be construed to authorize management to gain access to any records which would otherwise be confidential or privileged. (c) For purposes of this section, a mobilehome shall be deemed to be the principal residence of the homeowner, unless a review of state or county records demonstrates that the homeowner is receiving a homeowner’s exemption for another property or mobilehome in this state, or unless a review of public records reasonably demonstrates that the principal residence of the homeowner is out of state. (d) Before modifying the rent or other terms of tenancy as a result of a review of records, as described in subdivision (c), the management shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with a copy of the documents upon which management relied. (e) The homeowner shall have 90 days from the date the notice described in subdivision (d) is mailed to review and respond to the notice. Management may not modify the rent or other terms of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to information provided by the homeowner. Management may not modify the rent or other terms of tenancy if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents. However, nothing in this subdivision shall be construed to authorize the homeowner to change the homeowner’s exemption status of the other property or mobilehome owned by the homeowner. (f) This section does not apply under any of the following conditions: (1) The homeowner is unable to rent or lease the mobilehome because the owner or management of the mobilehome park in which the mobilehome is located does not permit, or the rental agreement limitsor prohibits, the assignment of the mobilehome or the subletting of the park space. (2) The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with S ection 10130) of Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain exempt pursuant to this subdivision. (3) The legal owner has taken possession or ownership, or both, of the mobilehome from registered owner through either a surrender of ownership interest by the registered owner or a foreclosure proceeding. (Amended by Stats. 2003, Chap. 132 (AB 1173, Haynes), eff. 1/1/2004) 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 7 798.22 RECREATIONAL VEHICLES IN PARKS – DESIGNATED AREAS (a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area. (b) Any new mobilehome park that is developed after January 1, 1982, is not subject to the provisions of this section until 75 percent of the spaces have been rented for the first time. (Amended by Stats. 1993, Chap. 666 (AB 503, Rainey), eff. 1/1/1994) ARTICLE 3 - RULES AND REGULATIONS 798.23 APPLICATION TO PARK OWNERS AND EMPLOYEES (a) Management shall be subject to, and comply with, all park rules and regulations to the same extent as residents and their guests. (b) Subdivision (a) of this section does not apply to either of the following: (1) Any rule or regulation that governs the age of any resident or guest. (2) Acts of management that are undertaken to fulfill management’s maintenance, management, and business operation responsibilities. (c) (1) Notwithstanding subdivision (b) and subject to paragraph (2), management shall be subject to, and comply with, all ru les and regulations that prohibit a homeowner from renting or subleasing the homeowner’s mobilehome or mobilehome space. (2) (A) If a rule or regulation has been enacted that prohibits either renting or subleasing by a homeowner, management shall not directly rent a mobilehome except as follows: (i) Management may directly rent up to two mobilehomes within the park for the purpose of housing onsite employees. (ii) For every 200 mobilehomes in a park, the management may directly rent one more mobilehome within the park, in addition to the mobilehomes authorized for direct rental pursuant to clause (i), for the purpose of housing onsite employees. (B) For purposes of this paragraph, “the purpose of housing onsite employees” includes directly renting a mobilehome to a person who is not an onsite employee to avoid a vacancy during times when the mobilehome is authorized for direct rental pursuant to subparagraph (A) and not needed for housing onsite employees. (d) Notwithstanding subdivision (c), management may continue to directly rent a mobilehome to a tenant if both of the following apply: (1) The tenancy was initially established by a rental agreement executed before January 1, 2022. (2) A tenant listed on the rental agreement described in paragraph (1) continues to occupy the mobilehome. (e) (1) A park shall be exempt from the provisions of subdivision (c) if either of the following apply: (A) The park is owned and operated by an organization that qualifies as an exempt organization under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and the property has been granted an exemption from property taxation pursuant to Section 214 of the Revenue and Taxation Code. (B) The park is owned by a government agency or an entity controlled by a government a gency, and has an affordability covenant in place. (2) The exemption contained in paragraph (1) applies only to those mobilehomes or mobilehome sites within a park that are restricted for use as affordable housing pursuant to either a written regulatory ag reement or the policy or practice of the exempt organization or government agency. (Amended by Stats. 2021, Ch. 706, Sec. 1. (AB 861) Effective January 1, 2022.) 798.23.5 SUBLEASING (a) (1) Management shall permit a homeowner to rent his or her home that serv es as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section. (2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician. (b) The following provisions shall apply to a rental or sublease pursuant to this section: (1) The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term. (2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may charge a prospective sublessee a credit screening fee for the 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 8 actual cost of any personal reference check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the management or h is or her agent requires that personal reference check or consumer credit report. (3) The renter or sublessee shall comply with all rules and regulations of the park. The failure of a renter or sublessee to comply with the rules and regulations of the park may result in the termination of the homeowner’s tenancy in the mobilehome park, in accordance with Section 798.56. A homeowner’s tenancy may not be terminated under this paragraph if the homeowner completes an action for unlawful detainer or executes a judgment for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the homeowner receiving notice of termination of tenancy. (4) The homeowner shall remain liable for the mobilehome park rent and other park charges. (5) The management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space. (6) Notwithstanding subdivision (a) of Section 798.39, if a security deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months’ rent in addi tion to the first month’s rent. Management may retain this security deposit for the duration of the term of the rental orsublease. (7) The homeowner shall keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representative. (c) A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any. (Added by Stats. 2002, Chap. 672 (SB 1410, Chesbro), eff. 1/1/2003) 798.24 POSTING OF COMMON AREA FACILITY HOURS Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility. (Amended by Stats. 2001, Chap. 83 (AB 1202, Harman), eff. 1/1/2002) 798.25 AMENDMENTS TO RULES AND REGULATIONS – NOTICE (a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules and regulations, the management shall meet and consult with the homeowners in the park, their representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting . The notice shall set forth the proposed amendment to the park’s rules and regulations and shall state the date, time, and location of the meeting. (b) Except as provided in subdivision (d), following the meeting and consultation with the homeowners, the noti ced amendment to the park’s rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowner’s consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of not less than 60 days. (c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the park’s rules and regulations under subdivision (b) or (d) shall constitute compliance with this section where the written notice is given before the inception of the tenancy. (d) When the management proposes an amendment to the park's rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park’s rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner's consent upon written notice of not less than 60 days. For purposes of this subdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the park's rules and regulations. (e) Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable. (Amended by Stats. 2005, Chap. 22 (SB 1108, Committee on Judiciary), eff. 1/1/2006) The following intent language appears in Section 2 of SB 351 (Chap. 323, Stat. 1999) but not in this code: “The Legislature finds and declares that this act is intended to prohibit park owners from amending park rules and regulations to impose new fees on park residents. The act is not intended to limit the provisions of Article 4 (commencing with Section 798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code) with respect to the imposition of fees.” 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 9 798.25.5 VOID AND UNENFORCEABLE RULES OR REGULATIONS Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and (c) by its terms purports to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any dispute between the management and homeowners shall be void and unenforceable. (Added by Stats. 1993, Chap. 889 (AB 1012, Bornstein), eff. 1/1/1994) 798.26 MANAGEMENT ENTRY INTO MOBILEHOMES (a) Except as provided in subdivision (b), the ownership or management of a park have no right of entry to a mobilehome or enclosed accessory structure without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premises, and protection of the mobilehome park at any reasonable time, but not in a manner or at a ti me which would interfere with the resident’s quiet enjoyment. (b) The ownership or management of a park may enter a mobilehome or enclosed accessory structure without the prior written consent of the resident in case of an emergency or when the resident has ab andoned the mobilehome or accessory structure. (Amended by Stats. 2008, Chap. 115 (SB 1234, Correa), eff. 1/1/20 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 10 798.27 NOTICE OF ZONING OR USE PERMIT AND DURATION OF LEASE (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) The nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobilehome park, or any portion thereof, in which the management is alessee. (b) If a change occurs concerning the zoning or use permit under which the park operates or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of that change. Notification regarding the change of use of the park, or any portion thereof, shall be governed by subdivision (g) of Section 798.56. A prospective homeowner shall be notified prior to the inception of the tenancy. (Amended by Stats. 1991, Chap. 190 (AB 600, Chacon), eff. 1/1/1992) 798.28 DISCLOSURE OF MOBILEHOME PARK OWNER’S NAME The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the request of a homeowner. (Amended by Stats. 20171991, Chap. 62 (AB 294, Gipson), eff. 1/1/2018) 798.28.5 VEHICLE REMOVAL FROM PARK (a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than a mobilehome that is parked in the park when there is displayed a sign at each entrance to the park as provided in paragraph (1) of subdivision (a) of Section 22658 of the Vehicle Code. (b) (1) Management may not cause the removal of a vehicle from a homeowner's or resident's driveway or a homeowner's or resident's designated parking space except if management has first posted on the windshield of the vehicle a notice stating management's intent to remove the vehicle in seven days and stating the specific park rule that the vehicle has violated that justifies its removal. After the expiration of seven days following the posting of the notice, management may remove a vehicle that remains in violation of a rule for which notice has been posted upon the vehicle. If a vehicle rule violation is corrected within seven days after the rule violation notice is posted on the vehicle, the vehicle may not be rem oved. If a vehicle upon which a rule violation notice has been posted is removed from the park by a homeowner or resident and subsequently is returned to the park still in violation of the rule stated in the notice, management is not required to post any a dditional notice on the vehicle, and the vehicle may be removed after the expiration of the seven-day period following the original notice posting (2) If a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from his or her driveway or designated parking space, the requirements of paragraph (1) do not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code. (Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005) 798.29 NOTICE OF MOBILEHOME ASSISTANCE CENTER The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 957, Sec. 1. (SB 1078) Effective January 1, 2019.) 798.29.6 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive a nd shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodations for the disabled. (Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009) 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 11 ARTICLE 3.5 - FEES AND CHARGES 798.30 NOTICE OF RENT INCREASE The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase. (Amended by Stats. 1993, Chap. 448 (AB 870, Umberg), eff. 1/1/1994) 798.30.5. RENT RESTRICTIONS FOR MOBILEHOME PARKS LOCATED BETWEEN TWO INCORPORATED CITIES. (a) (1) Subject to subdivision (b), management shall not, over the course of any 12 -month period, increase the gross rental rate for a tenancy in a qualified mobilehome park more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase. (2) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase. (b) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to subdivision (a), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section. (c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowner’s interest where otherwise prohibited. (d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 798.30. (e) This section shall not apply to a tenancy for any of the following: (1) A mobilehome space restricted by deed, regulatory restriction co ntained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that pro vides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution. (3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a). (4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799. (f) (1) (A) This section shall apply to all rent increases occurring on or after Februar y 18, 2021. (B) This section shall become operative January 1, 2022. (2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between February 18, 2021, and January 1, 2022, both of the following sha ll apply: (A) The applicable rent on January 1, 2022, shall be the rent as of February 18, 2021, plus the maximum permissible increase under subdivision (a). (B) Management shall not be liable to a homeowner for any corresponding rent overpayment. (3) Management subject to subdivision (a) who increased the rental rate for a tenancy on or after February 18, 2021, but prior to January 1, 2022, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of February 18, 2021, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a). 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 12 (g) Any waiver of the rights under this section shall be void as contrary to public policy. (h) For the purposes of this section: (1) “Consumer Price Index for All Urban Consumers for All Items” means the following: (A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows: (i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange. (ii) The CPI-U for the Riverside-San Bernardo-Ontario metropolitan area covering the Counties of Riverside and San Bernardino. (iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego. (iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, and San Mateo. (v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive. (B) If the United States Bureau of Labor Statistics does not publish a CPI -U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations. (C) On or after January 1, 2022, if the United States Bureau of Labor Statistics publishes a CPI -U index for one or more metropolitan areas not listed in subparagraph (A), that CPI -U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12 -month change in that CPI- U, as described in subparagraph (B) of paragraph (3), is first published. (2) “Management” means the management, as defined in Section 798.2, of a qualified mobilehome park. (3) (A) “Percentage change in the cost of living” means the percentage change in the applicable Consumer Price Index for All Urban Consumers for All Items, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph. (B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of t hat calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that cal endar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (4) “Qualified mobilehome park” means a mobilehome park, as defined in Section 798.4, that is located withi n and governed by the jurisdictions of two or more incorporated cities. (i) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximu m amount that may be charged for rent. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (a), this section shall apply. (2) Nothing in this section alters the application of Sections 798.17, 798.45, or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent. (3) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases. (j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2021, Ch. 125, Sec. 2. (AB 978) Effective January 1, 2022. Repealed as of January 1, 2030, by its own provisions.) 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 13 798.31 AUTHORIZED FEES CHARGED A homeowner shall not be charged a fee for other than rent, utilities, and in cidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. (Amended by Stats. 1984, Chap. 624 (SB 1487, Ellis), eff. 1/1/1985) 798.32 FEES CHARGED FOR UNLISTED SERVICES WITHOUT NOTICE (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge. (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 1992, Chap. 338 (SB 1365, Leslie), eff. 1/1/1993) 798.33 PETS (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. This section may not be construed to affect any other rights provided by law to a homeowner to keep a pet within the park. (b) A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in thepark. (c) For purposes of this section, “pet” means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner. (Amended by Stats. 2000, Chap. 551 (AB 860, Thomson), eff. 1/1/2001) 798.34 GUESTS AND LIVE-IN CARE PROVIDERS (a) A homeowner shall not be charged a fee for a guest who does not stay with the homeowner for morethan a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management. (b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of their mobilehome with one other person, to be designated as the homeowner’s companion, may do so, and management shall not impose a fee for that person. For purposes of this subdivision, a homeowner may only designate one person as at a time as companion and shall not designate more than three companions in a total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions. (c) A homeowner may share their mobilehome with any person over 18 years of age if that person is providing live -in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live- in caregiver but may require written confirmation from a licensed health care professional of the homeowner’s need for the care or supervision, if the need is not readily apparent or already known to management. (d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may s hare their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, “senior homeowner” means a homeowner who is 55 years of age or older. (e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner. (f) A violation of the mobilehome park rules and regulations by a guest, companion, live -in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 14 and regulations by the homeowner and subject to subdivision (d) of Section 798.56. (g) Nothing in this section shall be interpreted to create a duty on the part of management to manage, supervise, or provide care for a homeowner’s guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that person’s stay in the mobilehome park. (Amended by Stats. 2019, Chap. 504 (SB 274, Dodd), eff. 1/1/2020) 798.35 MEMBERS OF IMMEDIATE FAMILY - NO FEES A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” shall be limited to the homeowner, his or her spouse, their parents, their children, and their grandchildren under 18 years of age. (Amended by Stats. 1995, Chap. 24 (AB 283, Cortese), eff. 1/1/1996) 798.36 ENFORCEMENT OF PARK RULES (a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by management for the maintenance or cleanup, as described in subdivi sion (b), of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent. (b) (1) If management determines, in good faith, that the removal of a homeowner’s or resident’s personal property from the land and premises upon which the mobilehome is situated is necessary to bring the premises into compliance with the reasonable rules and regulations of the park or the provisions of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) or Title 25 of the California Code of Regulations, management may remove the property to a reasonably secure storage facility. Management shall provide written notice of at least 14 days of its intent to remove the personal property, including a description of the property to be removed. The notice shall include the rule, regulation, or code justifying the removal and shall provide an estimate of the charges to be imposed by management. The property to be removed shall not include the mobilehome or its appurtenances or accessory structures. (2) The homeowner or resident shall be responsible for reimbursing to management the actual, reasonable costs, if any, of removing and storing the property. These costs incurred by management in correcting the rules violation associated with the removal and storage of the property, are deemed reasonable incidental service charges and may be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of the removal and storage fees, as described in paragraph (3), is personally served on the homeowner. (3) Within seven days from the date the property is removed to a storage area, management shall provide the homeowner or resident a written notice that includes an inventory of the property removed, the location where the property may be claimed, and notice that the cost of removal and storage shall be paid by the resident or homeowner. If, within 60 days, the homeowner or resident does not claim the property, the property shall be deemed to be abandoned, and management may dispose of the property in any manner. The homeowner’s or resident’s liability for storage charges shall not exceed 60 days. If the homeo wner or resident claims the property, but has not reimbursed management for storage costs, management may bill those costs in a monthly statement which shall constitute notice of nonpayment, and the costs shall become the obligation of the homeowner or resident. If a resident or homeowner communicates in writing his or her intent to abandon the property before 60 days has expired, management may dispose of the property immediately and no further storage charges shall accrue. (4) If management elects to dispose of the property by way of sale or auction, and the funds received from the sale or auction exceed the amount owed to management, management shall refund the difference to the homeowner or resident within 15 days from the date of management’s receipt of the funds from the sale or auction. The refund shall be delivered to the homeowner or resident by first -class mail postage prepaid to his or her address in the park, or by personal delivery, and shall include an accounting specifying the costs of removal and storage of the property incurred by management in correcting the rules violation and the amount of proceeds realized from any sale or auction. If a sale or auction of the property yields less than the costs incurred by management, the homeowner or resident shall be responsible for the difference, and this amount shall be deemed a reasonable incidental service charge and may be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of the removal and storage fees, as described in p aragraph (3), is personally served on the homeowner. If management elects to proceed under this section, it may not also terminate the tenancy pursuant to subdivision (d) of Section 798.56 based upon the specific violations relied upon to proceed under this section. In any proceeding under this section, management shall bear the burden of proof that 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 15 enforcement was undertaken in a nondiscriminatory, nonselective fashion. (Amended by Stats. 2005, Chap. 24 (SB 125, Dutton), eff. 1/1/2006) 798.37 ENTRY, HOOKUP, LANDSCAPING AND MAINTENANCE CHARGES A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific site upon which the mobilehome is located and not incurred as a portion of the development of the mobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations. The management may not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping, remodeling, or maintenance from any person, company, or corporation. (Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005) 798.37.5 TREES AND DRIVEWAYS (a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) in order to determine whether a violation of that act exists. (b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. (c) Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible fo r the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section. (d) No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management. (e) This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001. (f) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001. (g) Any mobilehome park rule or regulation shall be in compliance with this section. (Amended by Stats. 2014, Chap. 298 (AB 2753, Committee on Housing), eff. 1/1/2015) 798.38 NO LIEN/SECURITY INTEREST EXCEPT BY MUTUAL AGREEMENT The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a mobilehome located in the park unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent. (Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010) 798.39 SECURITY DEPOSITS (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is ch arged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy. (b) As to all security deposits collected on or after January 1, 1989, after the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the collection of the security deposit by management, or upon resale of the mobilehome, whichever occurs earlier, management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 16 12-consecutive-month-period of the prompt payment or the date of the resale of the mobilehome. (c) As to all security deposits collected prior to January 1, 1989, upon the extension or renewal of the rental agreement or lease between the homeowner and the management, and upon the receipt of a written request from the homeowner, if the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for the 12-consecutive-month period preceding the receipt of the written request, the management shall refund to the homeowner the amount of the security deposit within 60 days. (d) As to all security deposits collected prior to January 1, 1989, and not disbursed pursuant to subdivision (c), in the event that the mobilehome park is sold or transferred to any other party or entity, the selling park owner shall deposit in escrow an amount equal to all security deposits that the park owner holds. The seller’s escrow instructions shall direct that, upon close of escrow, the security deposits therein that were held by the selling park owner (including the period in escrow) for 12 months or more, shall be disbursed to the persons who paid the deposits to the selling park owner and promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable service charges for the 12-month period preceding the close of escrow. (e) Any and all security deposits in escrow that were held by the selling park owner that are not required to be disbursed pursuant to subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring park owner, who shall have the same obligations of the park’s management and ownership specified in this section with respect to security deposits. The disbursal may be made in escrow by a debit against the selling park owner and a credit to the successors in interest to the selling park owner. (f) The management shall not be required to place any security deposit collected i n an interest-bearing account orto provide a homeowner with any interest on the security deposit collected. (g) Nothing in this section shall affect the validity of title to real property transferred in violation of this section. (Amended by Stats. 2001, Chap 151 (AB 210, Corbett), eff. 1/1/2002) 798.39.5 FINES AND FORFIETURES NOT CHARGEABLE (a) (1) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law or any enforcement agency against the management for a violation of this chapter or Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code, including any attorney’s fees and costs incurred by the management in connection therewith. (2) This section shall not apply to violations for which the registered owner of the mobilehome is initially responsible pursuant to subdivision (b) of Section 18420 of the Health and Safety Code. (b) A court shall consider the remoteness in time of the assessment or award against the management of any fine, forfeiture, penalty, money damages, or fee in determining whether the homeowner has met the burden of proof that the fee or increase in rent is in violation of this section. (c) Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money damages awarded against the management for a violation of this chapter shall be void. (Amended by Stats. 2012, Chap. 477 (AB 1938, Williams), eff. 1/1/2013) ARTICLE 4 – UTILITIES 798.40 UTILITY SERVICE BILLING; RATE SCHEDULE (a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her meter. The management shall post, in a conspicuous place, the specific curren t residential utility rate schedule as published by the serving utility or the Internet Web site address of the specific current residential utility rate schedule. If the management elects to post the Internet Web site address where the schedule may be accessed, the management shall also: (1) provide a copy of the specific current residential utility rate schedule, upon request, at no cost; and (2) state in the posting that a homeowner may request a copy of the rate schedule from management. (b) If a third-party billing agent or company prepares utility billing for the park, the management shall disclose on each resident's billing, the name, address, and telephone number of the billing agent or company. (c) Whenever management elects to separately bill water service to a homeowner as a utility service pursuant to Section 798.41, and to provide submetered water service to homeowners as a master -meter customer of the water purveyor, as a part of the regular bill for water service, management shall only bill a homeowner for the following water service: (1) A charge for volumetric usage, which may be calculated in any of the following ways: 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 17 (A) The amount shall be calculated by first determining the proportion of the homeowner’s usage, as shown by the submeter, to the total usage as shown by the water purveyor’s billing. The dollar amount billed to the homeowner for usage shall be in that same proportion to the dollar amount for usage shown by the water purveyor’s billing. (B) If the water purveyor charges for volumetric usage based on a tiered rate schedule, management may calculate the charge for a homeowner’s volumetric usage as described in subparagraph (A) or management may instead divide each tier’s volume evenly among the number of mobilehome spaces, and the rate applicable to each block shall be applied to the consumption recorded for each mobilehome space. (C) If the water purveyor charges the property rates on a per-mobilehome space per-mobilehome-space basis, the homeowners may be charged at those exact per-mobilehome space per-mobilehome-space rates. (D) In no event shall the charge for volumetric usage under this paragraph include in its calculation water used by or for any common area facility in the park, or water used by any other person or entity, other than the homeowner being billed. (2) Any recurring fixed charge, however that charge may be designated, for water service billed to the property by the water purveyors that, at management’s discretion, shall be calculated by either of the following: (A) The homeowner’s proportion of the total fixed charges charged to management for the park’s water use. The homeowner’s proportion shall be based on the percentage of the homeowner’s volumetric water use in relation to the total volumetric water use of the entire park, as shown on management’s water bill during that period. (B) Dividing the total fixed charges charged to the park equally among the total number of spaces at the park. (3) A billing, administrative, or other fee representing the combined total of management’s and the billing agent’s costs, which shall be the lesser of an amount not to exceed four dollars and seventy -five cents ($4.75), as adjusted pursuant to this paragraph, or 25 percent of the amount billed pursuant to paragraph (1). Beginnin g January 1, 2022, the maximum fee authorized by this paragraph may be adjusted each calendar year by management, no higher than a commensurate increase in the Consumer Price Index based on a California fiscal year average for the previous fiscal year, for all urban consumers, as determined by the Department of Finance. (d) For the purposes of this section, the following definitions apply: (1) “Billing agent” means a person or entity that contracts to provide submetering services to management, including billing. (2) “Submeter” means a device that measures water consumption of an individual mobilehome space within a park, and that is owned and operated by management. (3) “Water service” includes any charges, whether presented for payment on local water pu rveyor bills, tax bills, or bills from other entities, related to water treatment, distribution, or usage, including, but not limited to, water, sewer, stormwater, and flood control. (4) “Water purveyor” means a water purveyor as defined in Section 512 of the Water Code. (e) Nothing in this section shall be construed to prevent management from recovering its costs to install, maintain, or improve i ts internal water delivery system, as may otherwise be allowed in any rental agreement or local regulation. (f) The provisions of subdivision (c) shall apply to all management that elects to separately bill water service to a homeowner a s a utility service pursuant to Section 798.41, and to provide submetered water service to homeowners as a master -meter customer of the water purveyor, as a part of the regular bill for water service, including where the water purveyor or the mobilehome park is subject to the jurisdiction, control, or regulation of the Public Utilities Commission. (Amended by Stats. 2023, ch. 625 807, Sec 1. (AB 1061 AB 604, Lee) Effective January 1, 2024) 798.41 UTILITIES SEPARATELY BILLED - REDUCED FROM RENT (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect to bill a homeowner separately for utility service fees and charges assessed by the utility for services provided to or for spaces in the park. Any separately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local rent control pr ovision is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction shall be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service. Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service. (b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed on or after that date. (c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 18 charges specified in subdivision (a). (d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specifie d period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 1992, Chap. 338 (SB 1365, Leslie), eff. 1/1/1993) 798.42 NOTICE OF UTILITY INTERRUPTION The management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours’ written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, or replacement of facilities of utility systems over which the management has control within the park, provided that the interruption is not due to an emergency. The management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. “Emergency,” for purposes of this section, means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the management’s regular or planned maintenance, repair, or replacement of utility facilities. (Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010) 798.43 DISCLOSURE OF COMMON AREA UTILITY CHARGES (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or el ectric utility service, management shall disclose to the homeowner any condition by which a gas, water, or electric meter on the homeowner’s site measures gas, water, or electric service for common area facilities or equipment, including lighting, provided that management has knowledge of the condition. Management shall disclose this information prior to the inception of the tenancy or upon discovery and shall complete either of the following: (1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner’s meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991. (2) Discontinue using the meter on the homeowner’s site for the utility service to the common area facilities and equipment. (b) On or after January 1, 1994, if the electric meter on the homeowner’s site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner’s site, management shall be required to comply with subdivision (a). (Amended by Stats. 1993, Chap. 147 (AB 1140, Epple), eff. 1/1/1994) 798.43.1 CALIFORNIA ALTERNATE RATES FOR ENERGY PROGRAM (CARE) (a) The management of a master-meter park shall give written notice to homeowners and residents on or before February 1 of each year in their utility billing statements about assistance to low -income persons for utility costs available under the California Alternate Rates for Energy (CARE) program, established pursuant to Section 739.1 of the Public Utilities Code. The notice shall include CARE information available to master-meter customers from their serving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills for qualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE information and applications. The park shall also post the notice in a conspicuous place in the clubhouse, or if there is no clubhouse, in a conspicuous public place in the park. (b) The management of a master-meter park may accept and help process CARE program applications from homeowners and residents in the park, fill in the necessary account or other park information required by the serving utility to process the applications, and send the applications to the serving utility. The management shall not deny a homeowner or resident who chooses to submit a CARE application to the utility himself or herself any park information, including a utility account number, the serving utility requires to process a homeowner or resident CARE program application. (c) The management of a master-meter park shall pass through the full amount of the CARE program discount in monthly utility billings to homeowners and residents who have qualified for the CARE rate schedule, as defined in the serving utility’s applicable rate schedule. The management shall notice the discount on the billing statement of any homeowner or resident who has qualified for the CARE rate schedule as either the itemized amount of the discount or a notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gas 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 19 bill, or both the electric and gas bills. (d) ‘‘Master-meter park’’ as used in this section means ‘‘master-meter customer’’ as used in Section 739.5 of the Public Utilities Code. (Amended by Stats. 2001, Chap. 437 (SB 920, Dunn), eff. 1/1/2002) 798.44 LIQUEFIED PETROLEUM GAS SALES (a) The management of a park that does not permit mobilehome owners or park residents to purchase liquefied petroleum gas for use in the mobilehome park from someone other than the mobilehome park management shall not sell liquefied petroleum gas to mobilehome owners and residents within the park at a cost which exceeds 110 percent of the actual price paid by the management of the park for liquefied petroleum gas. (b) The management of a park shall post in a visible location the actual price paid by management for liquefied petroleum gas sold pursuant to subdivision (a). (c) This section shall apply only to mobilehome parks regulated under the Mobilehome Residency Law. This section shall not apply to recreational vehicle parks, as defined in Section 18215 of the Health and Safety Code, which exclusively serve recreational vehicles, as defined in Section 18010 of the Health and Safety Code. (d) Nothing in this section is intended to abrogate any rights a mobilehome park owner may have under Section 798.31 of the Civil Code. (e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall apply to a mobilehome park where requirements of federal, state, or local law or regulation, including, but not limited to, requirements for setbacks between mobilehomes, prohibit homeowners or residents from installing their own liquefied petroleum gas supply tanks, notwithstanding that the management of the mobilehome park permits mobilehome owners and park residents to buy their own liquefied petroleum gas. (Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010) ARTICLE 4.5 - RENT CONTROL 798.45 NEW CONSTRUCTION EXEMPT Notwithstanding Section 798.17, “new construction” as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which that establishes a maximum amount that a landlord may charge a tenant for rent, for a period of 15 years from the date upon which the space is initially held out for rent, as defined in subdivision (a) of Section 798.7. (b) Notwithstanding Section 798.17, “new mobilehome park construction,” as defined in subdivision (b) of Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and count y, that establishes a maximum amount that a landlord may charge a tenant for rent for a period of 15 years from the date upon which 50 percent of the spaces in the new mobilehome park are initially held out for rent measured from the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code. (Amended by Stats. 2022, Chap. 666 (SB 940, Laird), eff. 1/1/ 2023) 798.49 GOVERNMENT FEES AND ASSESSMENTS THAT ARE EXEMPT (a) Except as provided in subdivision (d), the local agency of any city, including a charter city, county, or city and county, which administers an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent shall permit the management to separately charge a homeowner for any of the following: (1) The amount of any fee, assessment or other charge first imposed by a city, including a charter city, a county, or a city and county, the state, or the federal government on or after January 1, 1995, upon the space rented by the homeowner. (2) The amount of any increase on or after January 1, 1995, in an existing fee, assessment or other charge imposed by any governmental entity upon the space rented by the homeowner. (3) The amount of any fee, assessment or other charge upon the space first imposed or increased on or after January 1, 1993, pursuant to any state or locally mandated program relating to housing contained in the Health and Safety Code. (b) If management has charged the homeowner for a fee, assessment, or other charge specified in subdivision (a) that was increased or first imposed on or after January 1, 1993, and the fee, assessment, or other charge is decreased or eliminated thereafter, the charge to the homeowner shall be decreased or eliminated accordingly. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 20 (c) The amount of the fee, assessment or other charges authorized by subdivision (a) shall be separately stated on any billing to the homeowner. Any change in the amount of the fee, assessment, or other charges that are separately billed pursuant to subdivision (a) shall be considered when determining any rental adjustment under the local ordinance. (d) This section shall not apply to any of the following: (1) Those fees, assessments, or charges imposed pursuant to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), unless specifically authorized by Section 18502 of the Health and Safety Code. (2) Those costs that are imposed on management by a court pursuant to Section 798.42. (3) Any fee or other exaction imposed upon management for the specific purpose of defraying the cost of administration of any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent. (4) Any tax imposed upon the property by a city, including a charter city, county, or city and county. (e) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 1994, Chap. 340 (SB 1510, Lewis), eff. 1/1/1995) ARTICLE 5 - HOMEOWNER COMMUNICATIONS AND MEETINGS 798.50 LEGISLATIVE INTENT It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome parks have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living or for social or educational purposes. (Added by Stats. 1989, Chap. 198 (SB 175, Craven), eff. 1/1/1990) 798.51 RIGHT TO ASSEMBLE, MEET, CANVASS, PETITION & INVITE SPEAKERS (a) No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in the park to do any of the following: (1) Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome within the park. (2) Invite public officials, candidates for public office, or representatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public interest, in accordance with Section 798.50. (3) Canvass and petition homeowners and residents for noncommercial purposes relating to mobilehome living, election to public office, or the initiative, referendum, or recall processes, at reasonable hours and in a reasonable manner, including the distribution or circulation of information. (b) A homeowner or resident may not be charged a cleaning deposit in order to use the park recreation hall or clubhouse for meetings of resident organizations for any of the purposes stated in Section 798.50 and this section, whether or not guests or visitors from outside the park are invited to attend the meeting, if a homeowner or resident of the park is hosting the meeting and all homeowners or residents of the park are allowed to attend. (c) A homeowner or resident may not be required to obtain liability insurance in order to use common area facilities for the purposes specified in this section and Section 798.50. However, if alcoholic beverages are to be served at any meeting or private function, a liability insurance binder may be required by the park ownership or management. The ownership or management of a mobilehome park may prohibit the consumption of alcoholic beverages in the park common area facilities if the terms of the rental agreement or the rules and regulations of the park prohibit it. (d) A homeowner, organization, or group of homeowners using a recreation hall or clubhouse pursuant to this section shall be required to adhere to any limitations or restrictions regarding vehicle parking or maximum occupancy for the clubhouse or recreation hall. (e) A homeowner or resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisdiction where the mobilehome park is located imposes a more restrictive period of time for the display of such a sign. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 21 (Amended by Stats. 2003, Chap. 249 (SB 116, Dunn), eff. 1/1/2004) The following intent language appears in Section 4 of SB 116 (Chapter 249) but not in this code: “It is the intent of the Legislature that enactment of this bill not affect any other form of political expression by a homeowner or resident of a mobilehome park where that expression is not associated with an election or political campaign.” 798.52 INJUNCTIVE ACTION TO ENFORCE RIGHTS Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any rule, regulation, or other policy which unreasonably deprives a homeowner or resident of those rights. (Added by Stats. 1989, Chap. 198 (SB 175, Craven), eff. 1/1/1990) ARTICLE 5.5 - HOMEOWNERS MEETINGS WITH MANAGEMENT 798.53 MANAGEMENT MEETINGS WITH RESIDENTS (a) (1) The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of a group of homeowners who have signed a request to be so represented on the following matters: (A) Resident concerns regarding interpretation, or enforcement or lack thereof, existing park rules that are not subject to Section 798.25. (B) Standards for maintenance of trees, driveways, or physical improvements in the park. (C) Addition, alteration, or deletion of service, equipment, or physical improvements in the park. (D) Rental agreements offered to existing residents pursuant to Section 798.17 or 798.18. (E) Resident concerns regarding utility billing or utility charges. (F) Common area facility hours and availability. (2) The meeting may be conducted either in person or virtually using telephone, audio-video, or other audio-only conferencing. (A) Management shall offer in -person and telephone options. If management allows audio-video conferencing options, management shall provide a list of audio-video conferencing options upon request of the homeowner or homeowners. (B) Management shall comply with the method of meeting requested by the homeowner or homeowners requesting the meeting provided the method was offered by management pursuant to subparagraph (A). (b) A collective meeting with a group of homeowners shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or more before the meeting. (c) If an individual homeowner or group of homeowners consents to be represented at a meeting, management shall meet with either the designated representative on their behalf, or with both the homeowners and the designated representative, as the homeowners may choose in the written request. If requested by an individual homeowner or group of homeowners, a designated representative may participate in a meeting in person, by telephone, or virtually if management allows audio-video conferencing options pursuant to paragraph (2) of subdivision (a). (d) Management shall permit the attendance of language interpreters at any meeting pursuant to this section. Interpreters may or may not be the homeowner’s designated representative. (Amended by Stats. 2022, Chap. 648 (AB 2031, Lee), eff. 1/1/2022) ARTICLE 6 - TERMINATION OF TENANCY 798.55 LEGISLATIVE INTENT; TERMINATION FOR CAUSE; 60-DAY NOTICE (a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provid ed with the unique protection from actual or constructive eviction afforded by the provisions of this chapter. (b) (1) The management may not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to sell or remove, at the homeowner’s election, the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the n otice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each junior lienholder, as 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 22 defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. The copy may be sent by regular mail or by certified or registered mail with return receipt requested, at the option of the management. (2) The homeowner shall pay past due rent and utilities upon the sale of a mobilehome pursuant to paragraph (1). (c) If the homeowner has not paid the rent due within three days after notice to the homeowner, and if the first notice was not sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Copies of the notice shall be addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code. (d) If management obtains a court judgment against a homeowner or resident, the cost incurred by management in obtaining a title search for the purpose of complying with the notice requirements of this section shall be recoverable as a cost of suit. (e) The resident of a mobilehome that remains in the mobilehome park after service of the notice to sell or remove the mobilehome shall continue to be subject to this chapter and the rules and regulations of the park, including rules regarding maintenance of the space. (f) No lawful act by the management to enforce this chapter or the rules and regulations of the park may be deemed or construed to waive or otherwise affect the notice to remove the mobilehome. (Amended by Stats. 2005, Chap. 24 (SB 125, Dutton), eff. 1/1/2006) The following intent language appears in Section 4 of AB 682 (Chap. 561, Stat. 2003) but not in this code: “This act is not intended to affect park management’s existing rights and remedies to recover unpaid rent, utility charges, or reasonable incidental charges, and may not be construed to provide for an exclusive remedy.” 798.56 SEVEN AUTHORIZED REASONS FOR TERMINATION OF TENANCY A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency. (b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents. (c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome. (2) However the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome. (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto. No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation. Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. (e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three- day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 23 provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank: “Warning: This notice is the [insert number] three -day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56(e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.” (2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health & Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment. (4) Cure of a default of rent, utility charges, or reasonable incidenta l service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period. (5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as spe cified in paragraph (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner. (6) When a copy of the 60 days’ notice described in paragraph (5) is sent to the legal owner, each junio r lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist: (A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period. (B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than thehomeowner, has not previously cured a default of the homeowner during the preceding 12-month period. (C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer. If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded. (f) Condemnation of the park. (g) Change of use of the park or any portion thereof, provided: (1) The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park. (2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy. (B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 24 homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs. (5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. (h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section. (i) For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome. (j) This section shall become operative on February 1, 2025. (Amended (as amended by Stats. 2020, Ch. 37, Sec. 4) by Stats. 2021, Ch. 360, Sec. 2. (AB 1584) Effective January 1, 2022. Repealed as of February 1, 2025, by its own provisions. See later operative version amended by Sec. 3 of Stats. 2021, Ch. 360.) 798.56 NOTICE REQUIREMENT OF LEGAL OWNER/JUNIOR LIENHOLDER (a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following: (1) Its offer to sell the obligation secured by the mobilehome to the management for the amoun t specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice. (2) Its intention to foreclose on its security interest in the mobilehome. (3) Its request that management pursue termination of tenancy against the hom eowner and its offer to reimburse management for the reasonable attorney’s fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorney’s fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowner’s tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorney’s fees and costs or (B) the date the mobilehome is resold. (b) A legal owner, if any, or junior lienholder, if any, may sell the mobileho me within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met: (1) The legal owner, if any, or junior lienholder, if any, notifies management in writing o f the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilitie s and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold. (2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so thatthe mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier. (3) The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. (c) For purposes of subdivision (b), the “homeowner’s responsibilities and liabilities” means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 25 premises pursuant to existing park rules and regulations. (d) If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy. (e) (1) Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing an d Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome. (2) (A) Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of management’s intent to apply to have the mobilehome designated for disposal after a warehous e lien sale. The written notice shall be sent to the county tax collector no less than 30 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid. (B) (i) In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 30 days after the date of sale to enforce the lien against the mobilehome. (ii) After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws. (C) (i) Within 30 days of the date of the disposal of the mobilehome, the manageme nt shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process: (I) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved. (II) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal. (III) The name, address, and license number of the person or entity removing the mobilehomefrom the mobilehome park. (ii) The information required pursuant to clause (i) shall be submitted under penalty of perjury. (D) For purposes of this paragraph, “dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome. (f) All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested. (g) Satisfaction, pursuant to this section, of the homeowner’s accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner. (Amended by Stats. 2016, Ch. 714, Sec. 2. (SB 944) Effective January 1, 2017.) 798.57 STATEMENT OF REASONS IN NOTICE 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 26 The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses, and circumstances concerning that reason. Neither reference to the section number or a subdivision thereof, nor a recital of the langu age of this article will constitute compliance with this section. (Enacted by Stats. 1978, Chap. 1031 (SB 2119, Mills), eff. 1/1/1979) 798.58 NO TERMINATION TO MAKE SPACE FOR PARK OWNER’S BUYER Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner’s site available for a person who purchased or proposes to purchase, or rents or proposes to rent, a mobilehome from the owner of the park or the owner’s agent. (Amended by Stats. 2002, Chap. 672 (SB 1410, Chesbro), eff. 1/1/2003) 798.59 60-DAY NOTICE BY RESIDENT OF TERMINATION A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983) 798.60 APPLICATION OF OTHER UNLAWFUL DETAINER LAWS The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure except as otherwise provided herein. (Amended by Stats. 1978, Chap. 1033 (SB 2120, Mills), eff. 1/1/1979) 798.61 ABANDONED MOBILEHOMES - PROCEDURES (a) (1) As used in this section, “abandoned mobilehome” means a mobilehome about which all of the following are true: (A) It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days. (B) It is unoccupied. (C) A reasonable person would believe it to be abandoned. (D) It is not permanently affixed to the land. (2) As used in this section: (A) “Mobilehome” shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code. (B) “Abandoned mobilehome” shall include a mobilehome that is uninhabitable because of its total or partial destruction which cannot be rehabilitated, if the mobilehome also satisfies the requirements ofparagraph (1). (C) “Dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome. (b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested. (c) (1) Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid. (2) To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following: (A) Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 27 (B) Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal. (C) Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail. (D) Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f). (d) (1) Hearing on the petition shall be given precedence over other matters on the court’s calendar. (2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tender s all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney’s fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome. (3) A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petitionbymail. (e) To sell an abandoned mobilehome, the management shall do all of the following: (1) (A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to thecourt. (B) During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located. (C) At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of CivilProcedure. (2) Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a pub lic sale of the abandoned mobilehome its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid. (3) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1). (4) The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health & Safety Code, in the abandoned mobilehome. (f) To dispose of an abandoned mobilehome, the management shall do all of thefollowing: (1) (A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court. (B) Within 10 days following a judgment of abandonment, the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 28 as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located. (C) (i) Within 30 days following a judgment of abandonment, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department. (ii) Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the management’s intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid. (D) At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the aband oned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development. (2) Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3). (3) (A) Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following: (i) Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation. (ii) (I) Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process: (ia) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved. (ib) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal. (ic) The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park. (II) The information required pursuant to subclause (I) shall be submitted under penalty of perjury. (B) Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation. (g) Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code. (Amended by Stats. 2015, Chap. 376 (AB 999, Daly), eff. 1/1/2016) 798.62 BUILDING AFTER A WILD FIRE OR NATURAL DISASTER (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following: (1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowner’s rental 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 29 agreement that was in existence at the time of the wildfire or other natural disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses. (2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement. (3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires. (4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowner’s former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means. (5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowner’s right to a renewed tenancy under this section is deemed forfeited. (6) Management shall process applications for renewed tenancy on a first-come-first-served basis. (7) The previous homeowner shall not transfer the right to a renewed tenancy. (b) For purposes of this section, “previous homeowner” means a homeowner with a valid tenancy in a mobilehome park at the time of a wildfire or other natural disaster. (Added by Chap. 504, Stats. of 2019 (SB 274, Dodd), eff. 1/1/2020) ARTICLE 7 - TRANSFER OF MOBILEHOME OR MOBILEHOME PARK 798.70 “FOR SALE” SIGNS (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (b) This section shall become operative on July 1, 2016. (Added by Chap. 288, Stats. of 2015 (SB 419, McGuire), eff. 7/1/2016) 798.71 MANAGEMENT SHOWING OR LISTING – PROHIBITIONS (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactu red home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 30 home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall become operative on July 1, 2016. (Added by Chap. 288, Stats. 2015 (SB 419; McGuire), eff. 7/1/2016) 798.72 NO TRANSFER OR SELLING FEE (a) The management shall not charge a homeowner, an heir, joint tenant, or personal rep resentative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested, in writing, by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person. (b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a mobilehome, a fee as a condition of approval for residency in a park unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdivision (b) of Section 798.74, for an interview of a prospective homeowner. (Amended by Stats. 1989, Chap. 745 (AB 1914, N.Waters), eff. 1/1/1990) 798.73 REMOVAL OF MOBILEHOME UPON SALE TO THIRD PARTY The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third party during the term of the homeowner’s rental agreement or in the 60 days following the initial notice required by paragraph (1) of subdivision (b) of Section 798.55. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where: (a) It is not a “mobilehome” within the meaning of Section 798.3. (b) It is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (d) It is in a significantly rundown condition or in disrepair, as determined by the general condition of th e mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. The management of the park may not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (e) The management shall not require a mobilehome to be removed from the park, pursuant to this section, unless the management has provided to the homeowner notice particularly specifying the condition that permits the removal of the mobilehome. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 31 (Amended by Stats. 2008, Chap. 179 (SB 1498, Committee on Judiciary), eff. 1/1/2009) The following intent language appears in Section 3 of AB 682 (Chap. 561, Stat. 2004) but not in this code: “This act is not intended to provide the purchaser of a mobilehome a right to a tenancy in a mobilehome park when the selling tenant has had his or her tenancy terminated pursuant to subdivision (f) or (g) of Section 798.56 of the Civil Code.” The following intent language appears in Section 4 of AB 682 (Chap. 561, Stat. 2004) but not in this code: “This act is not intended to affect park management’s existing rights and remedies to recover unpaid rent, utility charges, or reasonable incidental charges, and may not be construed to provide for an exclusive remedy.” 798.73.5 HOME UPGRADES ON RESALE (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions: (1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes. (3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (b) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state s tatutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (c) The provisions of this section enacted at the 1999–2000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of aresidency. (Added by Stats. 2000, Chap. 554 (AB 2239, Corbett), eff. 1/1/2001) 798.74 MANAGEMENT APPROVAL OF BUYER; CREDIT RATING REFUND (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. (b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. (2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1): (A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval. (B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. (c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply: (1) Management reasonably determines that, based upon the purchaser’s prior tenancies, they will not comply with the rules and regulations of the park. (2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park. (3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process. (d) In determining whether the prospective purchaser has the financial ability t o pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However management shall not require the prospective purchaser to submit any of the following: (1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b) (2) Copies of any personal income tax returns. (e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, the management shall notify the seller and the prospective purchaser , in writing, of either acceptance or rejection of the 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 32 application. During this 15-day period, the prospective purchaser shall comply with the management’s request, if any, for a personal interview. (2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, “additional financial information” includes, but is not limited to, the following: (i) Savings accounts. (ii) Certificates of deposit. (iii) Stock portfolios. (iv) Trust interests of which the purchaser is a beneficiary. (v) Real property. (vi) Similar financial assets that can be liquidated or sold. (B) If the prospective purchaser elects to provide additional financial and asset information specified in subparag raph (A), management shall consider the information together with the prospective purchaser’s gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park. (C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchaser’s ability to pay the rent, estimated utilities, and other charges of the park under this subdivision. (f) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited towa rd payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (g) Management may be held liable by the selling homeowner for any and all damages proximately caused by management’s failure to comply with this section. (h) For purposes of this section: (1) “Charges” means all charges authorized and imposed by management under Section 798.31. (2) “Consumer credit reporting agency” has the same meaning as defined in subdivision (d) of Section 1785.3. (3) “Credit score” has the same meaning as defined in subdivision (b) of Section 1785.15.1. (Added by Stat. 2019, Chap. 504 (SB 274,Dodd), eff. 1/1/2020) 798.74.4 MOBILEHOME RESALE DISCLOSURE TO NEW BUYER The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth in Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of the Civil Code. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in Section 1102.6d of the Civil Code. (Added by Stats. 2003, Chap. 249 (SB 116, Dunn), eff. 1/1/2004) 798.74.5 RENT DISCLOSURE TO PROSPECTIVE HOMEOWNERS (a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome park, if the management has been advised that the mobilehome occupying that space is for sale, the management shall give the prospective homeowner a separate document in at least 12-point type entitled ‘‘INFORMATION FOR PROSPECTIVE HOMEOWNERS,’’ which includes the following statements: “As a prospective homeowner you are being provided with certain information you should know prior to applying for tenancy in a mobilehome park. This is not meant to be a complete list of information. Owning a home in a mobilehome park incorporates the dual role of ‘‘homeowner’’ (the owner of the home) and park resident or tenant (also called a ‘‘homeowner’’ in the Mobilehome Residency Law). As a homeowner under the Mobilehome Residency Law, you will be responsible for paying the amount necessary to rent the space for your home, in addition to other fees and charges described below. You must also follow certain rules and regulations to reside in the park. If you are approved for tenancy, and your tenancy commences within the next 30 days, your beginning monthly 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 33 rent will be $ (must be completed by the management) for space number (must be completed by the management). Additional information regarding future rent or fee increases may also be provided. In addition to the monthly rent, you will be obligated to pay to the park the following additional fees and charges listed below. Other fees or charges may apply depending upon your specific requests. Metered utility charges are based on use. (Management shall describe the fee or charge and a good faith estimate of each fee or charge.) Some spaces are governed by an ordinance, rule, regulation, or initiative measure that limits or restricts rents in mobilehome parks. These laws are commonly known as “rent control.” Prospective purchasers who do not occupy the mobilehome as their principal residence may be subject to rent levels which are not governed by these laws. (Civil Code Section 798.21) Long-term leases specify rent increases during the term of the lease. By signing a rental agreement or lease for a term of more than one year, you may be removing your rental space from a local rent control ordinance during the term, or any extension, of the lease if a local rent control ordinance is in effect for the area in which the space is located. A fully executed lease or rental agreement, or a statement signed by the park’s management and by you stating that you and the management have agreed to the terms and conditions of a rental agreement, is required to complete the sale or escrow process of the home. You have no rights to tenancy without a properly executed lease or agreement or that statement. (Civil Code Section 798.75) If the management collects a fee or charge from you in order to obtain a financial report or credit rating, the full amount of the fee or charge will be either credited toward your first month’s rent or, if you are rejected for any reason, refunded to you. However, if you are approved by management, but, for whatever reason, you elect not to purchase the mobilehome, the management may retain the fee to defray its administrative costs. (Civil Code Section 798.74) We encourage you to request from management a copy of the lease or rental agreement, the park’s rules and regulations, and a copy of the Mobilehome Residency Law. Upon request, park management will provide you a copy of each document. We urge you to read these documents before making the decision that you want to become a mobilehome park resident. Dated: Signature of Park Manager: Acknowledge Receipt by Prospective Homeowner: (b) Management shall provide a prospective homeowner, upon his or her request, with a copy of the rules and regulations of the park and with a copy of this chapter. (Amended by Stats. 2012, Chap. 337 (AB 317, Calderon), eff. 10/1/2013) 798.75 RENTAL AGREEMENT REQUIRED FOR PARK OCCUPANCY (a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. (b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy. (c) In the event that an occupant of a mobilehome has no rights of ten ancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure. (d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions are present: (1) The occupant is the registered owner of the mobilehome. (2) The management has determined that the occupant has the financial ability to pay the rent and charges of the park, will comply with the rules and regulations of the park, based on the occupant’s prior tenancies, and will comply with this article. (3) The management failed or refused to offer the occupant a rental agreement. (Amended by Stats. 1990, Chap. 645 (SB 2340, Kopp), eff. 1/1/1991) 798.75.5 MOBILEHOME PARK DISCLOSURE FORM 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 34 (a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least three days prior to execution of a rental agreement or statement signed by the park management and the prospective homeowner that the parties have agreed to the term s and conditions of the rental agreement. The management shall update the information on the disclosure form annually, or, in the event of a material change in the condition of the mobilehome park, at the time of the material change in that condition. (b) The written disclosure form shall read as follows: (see next page) 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 35 Mobilehome Park Rental Agreement Disclosure Form THIS DISCLOSURE STATEMENT CONCERNS THE MOBILEHOME PARKKNOWN AS LOCATED AT (park name) (park address) IN THE CITY OF COUNTY , STATE OF CALIFORNIA. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE PARK AND PARK COMMON AREAS AS OF (date) IN COMPLIANCE WITH SECTION 798.75.5 OF THE CIVIL CODE. IT IS NOT A WARRANTY OF ANY KIND BY THE MOBILEHOME PARK OWNER OR PARK MANAGEMENT AND IS NOT A SUBSTITUTE FOR ANY INSPECTION BY THE PROSPECTIVE HOMEOWNER/LESSEE OF THE SPACE TO BE RENTED OR LEASED OR OF THE PARK, INCLUDING ALL COMMON AREAS REFERENCED IN THIS STATEMENT. THIS STATEMENT DOES NOT CREATE ANY NEW DUTY OR NEW LIABILITY ON THE PART OF THE MOBILEHOME PARK OWNER OR MOBILEHOME PARK MANAGEMENT OR AFFECT ANY DUTIES THAT MAY HAVE EXISTED PRIOR TO THE ENACTMENT OF SECTION 798.75.5 OF THE CIVIL CODE, OTHER THAN THE DUTY TO DISCLOSE THE INFORMATION REQUIRED BY THE STATEMENT. Are you (the mobilehome park owner/mobilehome park manager) aware of any of the following: A. Park or common area facilities? B. Does the park contain this facility? C. Is the facility in operation? D. Does the facility have any known substantial defects? E. Are there any uncorrected park citations or notices of abatement relating to the facilities issued by a public agency? F. Is there any substantial, uncorrected damage to the facility from fire, flood, earth- quake, or landslides? G. Are there any pending lawsuits by or against the park affecting the facilities or alleging defects in the facilities? H. Is there any encroachment, easement, non- conforming use, or violation of setback requirements regarding this park common area facility? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Clubhouse Walkways Streets, roads and access Electric utility system Water utility system Gas utility System Common area lighting system Septic or sewer system Playground RV storage Parking areas Swimming pool Spa pool Laundry Other common area facilities* *If there are other important park or common area facilities, please specify (attach additional sheets if necessary): If any item in C is checked “no”, or any item in D, E, F, G, or H is checked “yes”, please explain (attach additional sheets if necessary): The mobilehome park owner/park manager states that the information herein has been delivered to the prospective homeowner/lessee a minimum of three days prior to execution of a rental agreement and is true and correct to the best of the park owner/park manager’s knowledge as of the date signed by the park owner/manager. Park Owner/Manager: By: Date: print name signature 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 36 I/WE ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE PARK OWNER/MANAGER STATEMENT. Prospective Homeowner Lessee Date: _ Park Owner/Manager Title Prospective Homeowner Lessee Date: Park Owner/Manager Title (Added by Stats 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) 798.76 SENIOR ONLY RESTRICTIONS The management may require that a prospective purchaser comply with any rule or regu lation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the federal Fair Housing Act as amended by Public Law 104-76 and implementing regulations. (Amended by Stats. 1996, Chap. 61 (SB 1585, Craven), eff. 6/10/1996) 798.77 NO WAIVER OF RIGHTS No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be deemed contrary to public policy and shall be void and unenforceable. (Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984) 798.78 RIGHTS OF HEIR OR JOINT TENANT OF OWNER (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death shall have the right to sell the mobilehome to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises which have arisen after the death of the homeowner have been satisfied as they have accrued pursuant to the rental agreement in effect at the time of the death of the homeowner up until the date the mobilehome is resold. (b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner’s responsibilities and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park. (c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be replaced, the replacement mobilehome shall also meet current standards of the park as contained in the park’s most recent written requirements issued to prospective homeowners. (d) In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. (Amended by Stats. 1989, Chap. 745 (AB 1914, N.Waters), eff. 1/1/1990) 798.79 REPOSSESSION OF MOBILEHOME; SALE TO THIRD PARTY (a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the park to a third party in accordance with this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor as they ac crue through the date the mobilehome is resold. (b) In the event the legal owner or junior lienholder has received from the management a copy of the notice of termination of tenancy for nonpayment of rent or other charges, the foreclosing creditor’s right to s ell the (c) mobilehome within the park to a third party shall also be governed by Section 798.56a. (Amended by Stats. 1991, Chap. 190 (AB 600, Chacon), eff. 1/1/1992) 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 37 798.80 SALE OF PARK - NOTICE BY MANAGEMENT (a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, for the sale of the park, or offering to sell the park to any party, the owner shall provide written notice of his or her intention to sell the mobilehome park by first -class mail or by personal delivery to the president, secretary, and treasurer of any resident organizat ion formed by homeowners in the mobilehome park as a nonprofit corporation, pursuant to Section 23701v of the Revenue & Taxation Code, stock cooperative corporation, or other entity for purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park from the management of the mobilehome park. An offer to sell a park shall not be construed as an offer under this subdivision unless it is initiated by the park owner or agent. (b) An owner of a mobilehome park shall not be required to comply with subdivision (a) unless the following conditions are met: (1) The resident organization has first furnished the park owner or park manager a written notice of the name and address of the president, secretary, and treasurer of the resident organization to whom the notice of sale shall be given. (2) The resident organization has first notified the park owner or manager in writing that the park residents are interested in purchasing the park. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the park by the park owner, and the resident organization shall give subsequent notice once each year thereafter that the park residents are interested in purchasing the park. (3) The resident organization has furnished the park owner or park manager a written notice, within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given. (c) Nothing in this section affects the validity of title to real property transferred in violation of this section, although a violation shall subject the seller to civil action pursuant to Article 8 (commencing with Section 798.84) by homeowner residents of the park or resident organization. (d) Nothing in this section affects the ability of a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner. (e) Subdivision (a) does not apply to any of the following: (1) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. As used in this paragraph, “affiliate” means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure. (6) Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park. (7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain. (Amended by Stats. 1994, Chap. 219 (AB 1280, Craven), eff. 1/1/1995) 798.81 LISTING OR SALES - PROHIBITIONS The management 1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time o f his or her death, or the agent of any such person other than the management, 2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a mobilehome as a condition of approval of the buyer or prospective homeowner for residency in the park. (Amended by Stats. 1989, Chap. 745 (AB 1914, N.Waters), eff. 1/1/1990) 798.82 SCHOOL IMPACT FEE DISCLOSURE The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 38 system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code. (Added by Stats. 1994, Chap. 983 (SB 1461, Craven), eff. 1/1/1995) 798.83 HOMEOWNER REPAIR OF THE SPACE In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the park space or property owned by the management, excep t for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (Added by Stats. 1997, Chap. 367 (AB 672, Honda), eff.1/1/1998) ARTICLE 8 - ACTIONS, PROCEEDINGS, ANDPENALTIES 798.84 NOTICE OF LAWSUIT FOR FAILURE TO MAINTAIN (a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action. (b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park. (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of servi ces by a state or local agency. (e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice. (f) This section does not apply to actions for personal injury or wrongful death. (Added by stats. 1988, Chap. 1592 (AB 4012, Costa), eff. 1/1/1989) 798.85 ATTORNEY’S FEES AND COSTS In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reaso nable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the p arties otherwise agree in the settlement or compromise. (Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984) 798.86 MANAGEMENT PENALTY FOR WILLFUL VIOLATION (a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation of this chapter by the management. (b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce his or her rights under this chapter may be awarded either punitive damages pursuant to Section 3294 of the Civil Code or the statutory penalty provided by subdivision (a). (Amended by Stats. 2003, Chap. 98 (AB 693, Corbett), eff. 1/1/2004) 798.87 PUBLIC NUISANCES AND ABATEMENT (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding Section 3491, such a nuisance may only be remedied by a civil action or abatement. (b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement. 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 39 (c) A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of the people of the State of California, by any of the following: (1) The district attorney or the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located. (2) The city attorney or city prosecutor if the park is located within the jurisdiction of the city. (3) The Attorney General. (Amended by Stats. 2002, Chap. 141 (AB 2382, Corbett), eff. 1/1/2003) 798.88 INJUNCTION FOR VIOLATION OF PARK RULES (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of theviolation. (c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing the reon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. (d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear an d convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. (e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction. (f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. (g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. (Amended by Stats. 2015, Chap. 176 (SB 244, Vidak), eff. 1/1/2016) ARTICLE 9 - SUBDIVISIONS, COOPERATIVES, CONDOMINIUMS & RESIDENT-OWNED PARKS 799 DEFINITIONS As used in this article: (a) “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park. (b) “Resident” means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park. (c) “Resident-owned mobilehome park” means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which the residents have an ownership interest in the mobilehome park. (Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998) 799.1 RIGHTS GOVERNED (a) Except as provided in subdivision (b), th is article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park in which his or her mobilehome is located or installed. In a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, Articles 1(commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall apply only to a resident who does not have an ownership interest in the subdivision, 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 40 cooperative, or condominium for mobilehomes, or the resident -owned mobilehome park, in which his or her mobilehome is located or installed. (b) Notwithstanding subdivision (a), in a mobilehome park owned and operated by a nonprofit mutual benefi t corporation, established pursuant to Section 11010.8 of the Business and Professions Code, whose members consist of park residents where there is no recorded subdivision declaration or condominium plan, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall govern the rights of members who are residents who rent their space from the corporation. (Amended by Stats. 2012, Chap. 492 (SB 1421, Correa), eff. 9/23/2012) 799.1.5 ADVERTISING SALE OF HOME; “FOR SALE” SIGNS A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her mobilehome by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobileho me or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the na me, address, and telephone number of the owner of the mobilehome or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehom e who was a resident at the time of his or her death, or the agent of any of those persons, may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (Amended by Stats. 2005, Chap. 22 (SB 1108, Committee on Judiciary), eff. 1/1/2006) 799.2 LISTING OR SHOWING OF HOME BY PARK MANAGEMENT The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen. (Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984) 799.2.5 MANAGEMENT ENTRY INTO HOME (a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, or resident -owned mobilehome park when the homeowner or resident fails to so maintain the premises, and protection of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident's quiet enjoyment. (b) The ownership or management may enter a mobilehome without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome. (Amended by Stats. 2006, Chap. 538 (SB 1852, Committee on Judiciary), eff. 1/1/2007) 799.3 REMOVAL OF MOBILEHOME UPON THIRD PARTY SALE The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park in the event of its sale to a third party. (Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998) 799.4 WITHHOLDING PRIOR APPROVAL OF PURCHASER The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative or condominium for mobilehomes, or resident-owned mobilehome park and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 41 cannot be withheld if the purchaser has the financial ability to pay the fees and charges o f the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the subdivision, cooperative or condominium for mobilehomes, or resident-owned mobilehome park. (Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998) 799.5 SENIOR-ONLY RESTRICTIONS The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident -owned mobilehome park comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. (Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998) 799.6 NO WAIVER OF RIGHTS No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed contrary to public policy and void and unenforceable. (Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984) 799.7 NOTICE OF UTILITY INTERRUPTION The ownership or management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours’ written advance notice of an interruption in utility service of more than two hours for the maintenance, repair or replacement of facilities of utility systems over which the management has control within the subdivision, cooperative, or condominium for mobilehomes, or resident -owned mobilehome park, if the interruption is not due to an emergency. The ownership or management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. ”Emergency,” for the purposes of this section, means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the management’s regular or planned maintenance, repair, or replacement of utility facilities. (Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998) 799.8 SCHOOL IMPACT FEE DISCLOSURE The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space or lot, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code. (Added by Stats. 1994, Chap. 983 (SB 1461, Craven), eff. 1/1/1995) 799.9 CAREGIVERS LIVING WITH HOMEOWNERS (a) A homeowner may share his or her mobilehome with any person over 18 years of age or older if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. (b) A senior homeowner who resides in a subdivision, cooperative, or condominium for mobilehomes, or a resident - owned mobilehome park, that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 799.5, may share his or her mobilehome with any person 18 years of age or older if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. Unless otherwise agreed upon, the management shall not be required to manage, supervise, or provide for this person’s care during his or her stay in the subdivision, cooperative or condominium for mobilehomes, or resident-owned mobilehome park. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or 2024 CALIFORNIA MOBILEHOME RESIDENCY LAW 42 condominium for mobilehomes, or resident-owned mobilehome park. As used in this subdivision, “senior homeowner” means a homeowner or resident who is 55 years of age or older. (Amended by Stats. 2017, Chap. 170 (SB 147, Dodd), eff. 1/1/2018) 799.10 POLITICAL CAMPAIGN SIGNS A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisd iction where the manufactured home or mobilehome subject to this article is located imposes a more restrictive period of time for the display of such a sign. In th e event of a conflict between the provisions of this section and the provisions of Part 5 (co mmencing with Section 4000) of Division 4, relating to the size and display of political campaign signs, the provisions of this section shall prevail. (Amended by Stats. 2012, Chap. 181 (SB 806, Torres), eff. 1/1/2013) The following intent language appears in Section 4 of SB 116 (Chap. 249, Stat. 2004) but not in this code: “It is the intent of the Legislature that enactment of this bill not affect any other form of political expression by a homeowner or resident of a mobilehome park where that expression is not associated with an election or political campaign.” 799.11 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is re moved from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled. (Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 43 MANUFACTURED HOME & MOBILEHOME RESALES DISCLOSURE CIVIL CODE §1102 DISCLOSURE ON MOBILEHOME RESALES (a) Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, installment land sale contract, as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of notless than one nor more than four dwelling units. (b) Except as provided in Section 1102.2, this article shall apply to a resale transaction entered into on or after January 1, 2000, for a manufactured home, as defined in Section 18007 of the Health and Safety Code, or a mobilehome, as defined in Section 18008 of the Health and Safety Code, which manufactured home or mobilehome is classi fied as personal property and intended for use as a residence. (c) Any waiver of the requirements of this article is void as against public policy. (Amended by Stats. 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) CIVIL CODE §1102.1 DISCLOSURE CLARIFICATION (a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure statement, as specified in Section 1102.6. The Legislature intended the statement to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the real estate disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the p roperty, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a, and that nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079. It is also the intent of the Legislature that the delivery of a real estate transfer disclosure statement may not be waived in an ‘‘as is’’ sale, as held in Loughrin v. Superior Court (1993) 15 Cal. App. 4th 1188. (b) In enacting Chapter 677 of the Statutes of 1996, it was the intent of the Legislature to clarify and facilitate the use of the manufactured home and mobilehome transfer disclosure statement applicable to the resal e of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102. The Legislature intended the statements to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the disclosure statement and as required by Section 18046 of the Health and Safety Code on the dealer’s portion of the manufactured home and mobilehome transfer disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a or to affect the existing obligations of the parties to a manufactured home or mobilehome purchase contract, and nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079 or the duty of a manufactured h ome or mobilehome dealer or salesperson pursuant to Section 18046 of the Health and Safety Code. It is also the intent of the Legislature that the delivery of a mobilehome transfer disclosure statement may not be waived in an ‘‘as is’’ sale. (c) It is the intent of the Legislature that manufactured home and mobilehome dealers and salespersons and real estate brokers and salespersons use the form provided pursuant to Section 1102.6d. It is also the intent of the Legislature for sellers of manufactured homes or mobilehomes who are neither manufactured home dealers or salespersons nor real estate brokers or salespersons to use the Manufactured Home/Mobilehome Transfer Disclosure Statement contained in Section 1102.6d. (Amended by Stats. 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 44 CIVIL CODE §1102.2 WHEN DISCLOSURE NOT APPLICABLE This article does not apply to the following: (a) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers which can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code. (b) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specificperformance. (c) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, transfers to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or transfers by reason of any foreclosure of a security interest in a manufactured home or mobilehome. (d) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. This exemption shall not apply to a transfer if the trustee is a natural person who is sole trustee of a revocable trust and he or she is a former owner of the property or an occupant in possession of the property within the preceding year. (e) Transfers from one co-owner to one or more other co-owners. (f) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (g) Transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment. (h) Transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (i) Transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (j) Transfers or exchanges to or from any governmental entity. (Amended by Stats. 2000, Chap. 135 (AB 2539, Committee on Judiciary), Chap. 135 (2000), eff. 1/1/2001) CIVIL CODE §1102.3a MOBILEHOME SALES SUBJECT TO DISCLOSURE (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows: (1) In the case of a sale, or a lease with an option to purchase, of a manufactured home or mobilehome, involving an agent, as defined in Section 18046 of the Health and Safety Code, as soon as practicable, but no later than the close of escrow for the purchase of the manufactured home or mobilehome. (2) In the case of a sale, or lease with an option to purchase, of a manufactured home or mobilehome, not involving an agent, as defined in Section 18046 of the Health and Safety Code, at the time of execution of any document by the prospective transferee with the transferor for the purchase of the manufactured home ormobilehome. (b) With respect to any transfer subject to this section, the transferor shall indicate compliance with this article either on the transfer disclosure statement, any addendum thereto, or on a separate document. (c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to subdivision (b) of Section 1102, is delivered after the execution of an offer to purchase, the transferee shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor. (Added by Stats. 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) CIVIL CODE §1102.6d MOBILEHOME TRANSFER DISCLOSURE FORM Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the disclosures applicable to the resale of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102 are set forth in, and shall be made on a copy of, the following disclosure form: 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 45 MANUFACTURED HOME AND MOBILEHOME: TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE MANUFACTURED HOME OR MOBILEHOME (HEREAFTER REFERRED TO AS “HOME”) LOCATED AT IN THE CITY OF , COUNTY OF , STATE OF CALIFORNIA, DESCRIBED AS YEAR MAKE SERIAL #(s) HCD DECAL # or Equivalent THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED HOME IN COMPLIANCE WITH SUBDIVISION (b) OF SECTION 1102 OF THE CIVIL CODE AND SECTIONS 18025 AND 18046 OF THE HEALTH AND SAFETY CODE ASOF DATE IT IS NOT A WARRANTY OF ANY KIND BY THE LAWFUL OWNER OF THE MANUFACTURED HOME OR MOBILEHOME WHO OFFERS THE HOME FOR SALE (HEREAFTER, THE SELLER), OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. AN “AGENT” MEANS ANY DEALER OR SALESPERSON LICENSED PURSUANT TO PART 2 (COMMENCING WITH SECTION 18000) OF THE HEALTH AND SAFETY CODE, OR A REAL ESTATE BROKER OR SALESPERSON LICENSED PURSUANT TO DIVISION 4 (COMMENCING WITH SECTION 10000) OF DIVISION 13 OF THE BUSINESS AND PROFESSIONS CODE. I. COORDINATION WITH OTHER DISCLOSURE & INFORMATION This Manufactured Home and Mobilehome Transfer Disclosure Statement is made pursuant to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code. Other statutes require disclosures, or other information may be important to the prospective buyer, depending upon the details of the particular transaction (including, but not limited to, the condition of the park in which the manufactured home or mobilehome will be located; disclosures required or information provided by the Mobilehome Residency Law, Section 798 of the Civil Code et seq.; the mobilehome park rental agreement or lease; the mobilehome park rules and regulations; and park and lot inspection reports, if any, completed by the state or a local enforcement agency). Substituted Disclosures: The following disclosures have or will be made in connection with this transfer, and are intended to satisfy the disclosure obligations of this form, where the subject matter is the same:  Home inspection reports completed pursuant to the contract of sale or receipt for deposit.  Additional inspection reports or disclosures: II. SELLER’S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether, and on what terms, to purchase the subject Home. Seller hereby authorizes any agent(s), as defined in Section 18046 of the Health and Safety Code, representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Home. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY, AS DEFINED IN SECTION 18046 OF THE HEALTH AND SAFETY CODE. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND THE SELLER. Seller is is not occupying the Home. 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 46 A. The subject Home includes the items checked below which are being sold with the Home (read across)*: Range Oven Microwave Dishwasher Trash Compactor Garbage Disposal Burglar Alarm Carbon Monoxide Devices Fire Alarm TV Antenna Satellite Dish Intercom Central Heating Central Air Conditioning Wall/Window Air Cndtng Evaporative Cooler(s) Sump Pump Water Softener Porch Decking Porch Awning Gazebo Private Sauna Private Spa Spa Locking Safety Cover Private Hot Tub Hot Tub Locking Cover Gas/Spa Heater Solar/Spa Heater Gas Water Heater Solar Water Heater Electric Water Heater Carport Awning Bottled Propane Automatic Garage Door Opnrs Attached Garage Detached Garage Window Secure Bars Bedroom Window Quick Rain Gutters Release Mechanism Earthquake Bracing System Washer/Dryer Hookups Exhaust Fan(s) in Fireplaces(s) in Roof(s) and type(s) Other 220 Volt Wiring in Gas Starter(s) Roof age (Approximate) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 47 *Installation of a listed appliance, device, or amenity is not a precondition of sale or transfer of the home. The carbon monoxide device, garage door opener, or child -resistant pool barrier may not be in compliance with the safety standards relating to, respectively, carbon monoxide device standards of C hapter 8 (commencing with Section 13260) of Part 2 of Division 12 of, automatic reversing device standards of Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code. Window security bars may not have quick-release mechanisms in compliance with the 1995 edition of the California Building Standards Code. Are there, to the best of your (Seller’s) knowledge, any of the above that are not in operating condition? Yes No. If yes, then describe. (Attach additional sheets if necessary): B. Are you (the Seller) aware of any significant defects/malfunctions in any of the following in connection with the Home? Yes No. If yes, check appropriate space(s) below: Interior Walls, Ceilings, Floors, Exterior Walls, Insulation, Roof(s), Windows, Doors, Home Electrical Systems, Plumbing Porch or Deck, Porch Steps & Railings, Other Steps & Railings, Porch Awning, Carport Awning, Other Awnings, Skirting, Home Foundation or Support System, Other Structural Components (Describe:) ) If any of the above is checked, explain. (Attach additional sheets if necessary): C. Are you (the Seller) aware of any of the following: 1. Substances, ma2t0e2r1iaSElsL,EoCTrEpDrPoRdOuVcIStsIOwNShOicFhCmALaIFyORbNeIAanLAeWnvREirLoAnTImNGenTOtaMl hOaBzILaErHdO,MsuESch as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, or chemical storage tanks on the subject 2. Room additions, structural modifications, or other alterations or repairs made without necessary permits. Yes No 3. Room additions, structural modifications, or other alterations or repairs not in compliance with applicable codes. Yes No 4. Any settling from slippage, sliding or problems with leveling of the home or the foundation or support system. Yes No 5. Drainage or grading problems with the home, space or lot. Yes No 6. Damage to the home or accessory structures being sold with the home from fire, flood, earthquake, or landslides. Yes No 7. Any notices of abatement or citations against the home or accessory structures being sold with the home. Yes No 8. Any lawsuits by or against the seller threatening to or affecting the home or the accessory structures being sold with the home, including any lawsuits alleging any defect or deficiency in the home or accessories sold with the home. Yes No 9. Neighborhood noise problems or other nuisances. Yes No 10. Any encroachment, easement, nonconforming use of violation of setback requirements with the home, accessory structures being sold with the home, or space. Yes No If the answer to any of these is yes, explain. (Attach additional sheets if necessary.): D. 1. The Seller certifies that the home, as of the close of escrow, will be in compliance with Section 13113.8 of the Health and Safety Code by having operable smoke detector(s) which are approved, listed, and installed in accordance with the State Fire Marshal’s regulations and applicable local standards. 2. The Seller certifies that the home, as of the close of escrow, will be in compliance with Section 19211 of the 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 48 Health and Safety Code by having the water heater tank(s) braced, anchored, or strapped in place in accordance with applicable law. Seller certifies that the information herein is true and correct to the best of the Seller’s knowledge as of the date signed by the Seller. Seller Date Seller Date III. AGENT’S INSPECTION DISCLOSURE (To be completed only if the Seller is represented by and Agent in this transaction) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE HOME AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE HOME IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING:  Agent notes no items for disclosure.  Agent notes the following items: Agent Representing Seller By Date (Please Print) (Signature) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 49 IV. AGENT’S INSPECTION DISCLOSURE (To be completed only if the Agent who has obtained the offer is other than the Agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE HOME, STATES THE FOLLOWING:  Agent notes no items for disclosure.  Agent notes the following items: Agent Representing Buyer By Date (Please Print) (Signature) V. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE HOME AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THE BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer Date Seller Date Buyer Date Agent Representing Seller By Date (Please Print) (Signature) Agent Representing Buyer By Date (Please Print) (Signature) VI. SECTION 1102.3a OF THE CIVIL CODE PROVIDES A PROSPECTIVE BUYER WITH THE RIGHT TO RESCIND THE PURCHASE OF THE MANUFACTURED HOME OR MOBILEHOME FOR AT LEAST THREE DAYS AFTER DELIVERY OF THIS DISCLOSURE, IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD. A MANUFACTURED HOME OR MOBILEHOME DEALER OR A REAL ESTATE BROKER IS QUALIFIED TO PROVIDE ADVICE ON THE SALE OF A MANUFACTURED HOME OR MOBILEHOME. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. (Amended by Stats. 2012, Chap. 181 (SB 806, Torres), eff. 1/1/2014) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 50 CIVIL CODE §1102.6e NOTICE OF TRANSFER FEE If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided, an additional disclosure statement containing all of the following: (a) Notice that payment of a transfer fee is required upon transfer of the property. (b) The amount of the fee required for the asking price of the real property and a description of how the fee is calculated. (c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price. (d) The entity to which funds from the fee will be paid. (e) The purposes for which funds from the fee will be used. (f) The date or circumstances under which the obligation to pay the transfer fee expires, if any. (Added by Stats. 2007, Chap. 980 (AB 980, C. Calderon), eff. 1/1/2008) CIVIL CODE §1102.9 DISCLOSURE AMENDMENTS Any disclosure made pursuant to this article may be amended in writing by the transferor or his or her agent, but the amendment shall be subject to Section 1102.3 or 1102.3a. (Amended by Stats. 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) DISCLOSURE OF NATURAL HAZARDS UPON TRANSFER OF RESIDENTIAL PROPERTY CIVIL CODE §1103 APPLICATION OF DISCLOSURE (a) Except as provided in Section 1103.1, this artic le applies to any transfer by sale, exchange, installment land sale contract, as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any real property described in subdivision (c), or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. (b) Except as provided in Section 1103.1, this article shall apply to a resale transaction entered into on or after January 1, 2000, for a manufactured home, as defined in Section 18007 of the Health and Safety Code, that is classified as personal property intended for use as a residence, or a mobilehome, as defined in Section 18008 of the Health and Safety Code, that is classified as personal property intended for use as a residence, if the real property on which the manufactured home or mobilehome is located is real property described in subdivision (c). (c) This article shall apply to the transactions described in subdivisions (a) and (b) only if the transferor or his or her agent are required by one or more of the following to disclose the property’s location within a hazard zone: (1) A person who is acting as an agent for a transferor of real property that is located within a special flood ha zard area (any type Zone ‘‘A’’ or ‘‘V’’) designated by the Federal Emergency Management Agency, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a special flood hazard area if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within a special flood hazard area. (B) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (2) A person who is acting as an agent for a transferor of real property that is located within an area of potential flooding, designated pursuant to Section 8589.5 of the Government Code, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within an area of potential flooding if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within an inundation area. (B) The local jurisdiction has compiled a list, by parcel, of properties that are within the inundation area and a notice has posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (3) A transferor of real property that is located within a very high fire hazard severity zone, designated purs uant to Section 51178 of the Government Code, shall disclose to any prospective transferee the fact that the property is located within a very high fire hazard severity zone and is subject to the requirements of Section 51182 of the Government Code if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within a very high fire hazard severity zone. 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 51 (B) A map that includes the property has been provided to the local agency pursuant to Section 51178 of the Government Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency. (4) A person who is acting as an agent for a transferor of real property that is located within an earthquake fault zone, designated pursuant to Section 2622 of the Public Resources Code, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a delineated earthquake fault zone if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within a delineated earthquake fault zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 2622 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (5) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, designated pursuant to Section 2696 of the Public Resources Code, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a seismic hazard zone if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within a seismic hazard zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 2696 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (6) A transferor of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125 of the Public Resources Code, shall disclose to any prospective transferee the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291 if either: (A) The transferor, or the transferor’s agent, has actual knowledge that the property is within a wildland fire zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 4125 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (d) Any waiver of the requirements of this article is void as against public policy. (Added by Stats. 2004, Chap. 183 (AB 3082, Committee on Judiciary), eff. 1/1/2005) CIVIL CODE §1103.1 EXCLUSIONS (a) This article does not apply to the following transfers: (1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resultin g from a decree for specific performance. (2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure. (3) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. (4) Transfers from one co-owner to one or more other co-owners. (5) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 52 (6) Transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation of the parties or from a property settlement agreement incidental to that judgment. (7) Transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (8) Transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (9) Transfers or exchanges to or from any governmental entity. (b) Transfers not subject to this article may be subject to other disclosure requirements, including those under Sections 8589.3, 8589.4, and 51183.5 of the Government Code and Sections 2621.9, 2694, and 4136 of the Public Resources Code. In transfers not subject to this article, agents may make required disclosures in a separate writing. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.2 NATURAL HAZARD DISCLOSURE FORM (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: NATURAL HAZARD DISCLOSURE STATEMENT This statement applies to the following property: The transferor and his or her agent(s) or a third party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the subject property. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA (Any type Zone ‘‘A’’ or ‘‘V’’) designated by the Federal Emergency Management Agency. Yes No Do not know and information not available from local jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes No Do not know and information not available from local jurisdiction A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 or 51179 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes No High FHSZ in a state responsibility area ____ Very High FHSZ in a state responsibility area ____ Very High FHSZ in a local responsibility area ____ A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state’s responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone) Yes (Liquefaction Zone) No Map not yet released by State THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 53 THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor(s) Signature of Transferor(s) Date Date 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 54 Agent(s) Date Agent(s) Date Check only one of the following:  Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s).  Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third - party report provider as required in Civil Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third -party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103.4. Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: Third-Party Disclosure Provider(s) Date Transferee represents that he or she has read and understands this document. Pursuant to Civil Code Section 1103.8, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the transferor's or agent's disclosure obligations in this transaction. Signature of Transferee(s) Date Signature of Transferee(s) Date (b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the transferor or transferor’s agent shall mark ‘‘Yes’’ on the Natural Hazard Disclosure Statement. The transferor or transferor’s agent may mark ‘‘No’’ on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any exist ing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision. (c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the transferor or transferor’s agent may mark ‘‘No’’ on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The transferor or transferor’s agent shall attach a copy of the Letter of Map Revision to the disclosure statement. (d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the transferor or transferor’s agent shall mark ‘‘Yes’’ on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The transferor or transferor’s agent shall attach a copy of the Letter of Map Revision to the disclosure Statement. (e) The disclosure required pursuant to this article may be provided by the transferor and the transferor’s agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that th e Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section. (f) (1) The legal effect of a consultant's report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement. (2) A consultant's report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement. (3) In a disclosure statement required by this section, an agent and third-party provider may cause his or her name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment. (g) The disclosure required by this article is only a disclosure between the transferor, the transferor’s agents, and the transferee, and shall not be used by any other party, including, but not limited to. insurance companies, lenders, or governmental agencies, for any purpose. (h) In any transaction in which a transferor has accepted, prior to June 1, 1998, an offer to purchase, the transferor, or his or her agent, shall be deemed to have complied with the requirement of subdivision (a) if the transferor or agent delivers to the prospective transferee a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement. (Amended by Stats. 2004 2023, Chap. 66 99 (AB 920 1280, Nakano Maienschein), eff. 1/1/2005 2024) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 55 CIVIL CODE §1103.3 DELIVERY TO BUYER (a) The transferor of any real property subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows: (1) In the case of a sale, as soon as practicable before transfer of title. (2) In the case of transfer by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this subdivision, ‘‘execution’’ means the making or acceptance of an offer. (b) The transferor shall indicate compliance with this article either on the receipt for deposit, the real property sales contract, the lease, any addendum attached thereto, or on a separate document. (c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to this article is delivered after the execution of an offer to purchase, the transferee shall have three days after delivery in person or five days after delivery by deposit in the mail to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor’s agent. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.4 LIABILITY FOR ERRORS (a) Neither the transferor nor any listing or selling agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the transferor or the listing or selling agent, and was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting the information. (b) The delivery of any information required to be disclosed by this article to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the transferor or any listing or selling agent of any further duty under this article with respect to that item of information. (c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, or expert in natural hazard discovery dealing with matters within the scope of the professional’s license or expertise shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective transferee pursuant to a request therefor, whether written or oral. In responding to that request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 1103.2 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where that statement is furnished, the expert shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement. (1) In responding to the request, the expert shall determine whether the property is within an airport influence area as defined in subdivision (b) of Section 11010 of the Business and Professions Code. If the property is within an airport influence area, the report shall contain the following statement: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. (2) In responding to the request, the expert shall determine whether the property is within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined in Section 66620 of the Government Code. If the property is within the commission's jurisdiction, the report shall contain the following notice: NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission's jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction. (3) In responding to the request, the expert shall determine whether the property is presently located within one mile of a parcel of real property designated as "Prime Farmland," "Farmland of Statewide Importance," "Unique Farmland," "Farmland of Local Importance," or "Grazing Land" on the most current "Important Farmland Map" issued by the California Department of Conservation, Division of Land Resource Protection, utilizing solely the county-level GIS map data, if any, available on the Farmland Mapping and Monitoring Program website. If the 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 56 residential property is within one mile of a designated farmland area, the report shall contain the following notice: NOTICE OF RIGHT TO FARM This property is located within one mile of a farm or ranch land designated on the current county-level GIS "Important Farmland Map," issued by the California Department of Conservation, Division of Land Resource Protection. Accordingly, the property may be subject to inconveniences or discomforts resulting from agricultural operations that are a normal and necessary aspect of living in a community with a strong rural character and a healthy agricultural sector. Customary agricultural practices in farm operations may include, but are not limited to, noise, odors, dust, light, insects, the operation of pumps and machinery, the storage and disposal of manure, bee pollination, and the ground or aerial application of fertilizers, pesticides, and herbicides. These agricultural practices may occur at any time during the 24-hour day. Individual sensitivities to those practices can vary from person to person. You may wish to consider the impacts of such agricultural practices before you complete your purchase. Please be advised that you may be barred from obtaining legal remedies against agricultural practices conducted in a manner consistent with proper and accepted customs and standards pursuant to Section 3482.5 of the Civil Code or any pertinent local ordinance. (4) In responding to the request, the expert shall determine, utilizing map coordinate data made available by the Office of Mine Reclamation, whether the property is presently located within one mile of a mine operation for which map coordinate data has been reported to the director pursuant to Section 2207 of the Public Resources Code. If the expert determines, from the available map coordinate data, that the residential property is located within one mile of a mine operation, the report shall contain the following notice: NOTICE OF MINING OPERATIONS This property is located within one mile of a mine operation for which the mine owner or operator has reported mine location data to the Department of Conservation pursuant to Section 2207 of the Public Resources Code. Accordingly, the property may be subject to inconveniences resulting from mining operations. You may wish to consider the impacts of these practices before you complete your transaction. (Amended by Stats. 2011, Chap. 253 (SB 110, Rubio), eff. 1/1/2013) CIVIL CODE §1103.5 RELIEF FROM DUTY TO DISCLOSE (a) After a transferor and his or her agent comply with Section 1103.2, they shall be relieved of further duty under this article with respect to those items of information. The transferor and his or her agent shall not be required to provide notice to the transferee if the information provided subsequently becomes inaccurate as a result of any governmental action, map revision, changed information, or other act or occurrence, unless the transferor or agent has actual knowledge that the information has become inaccurate. (b) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information, or other act or occurrence subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this article. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.7 GOOD FAITH Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith. For purposes of this article, ‘‘good faith’’ means honesty in fact in the conduct of the transaction. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.8 OTHER DISCLOSURES (a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit i n the transfer transaction. The legislature does not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but n ot limited to, the physical condition of the property and previously received reports of physical inspection noted on the disclosure form provided pursuant to Section 1102.6 or 1102.6a. (b) Nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 57 CIVIL CODE §1103.9 AMENDMENTS TO DISCLOSURE Any disclosure made pursuant to this article may be amended in writing by the transferor or his or her agent, but the amendment shall be subject to Section 1103.3. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.10 PERSONAL DELIVERY OR MAIL Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of this article, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.11 THOSE WHO ARE NOT AGENTS Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of that agency shall be governed by the written agreement. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.12 AGENT’S RESPONSIBILITIES (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the transferee, unless the transferor has given other written instructions for delivery. (b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under th is section shall maintain a record of the action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.13 NO TRANSACTION INVALIDATED No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) CIVIL CODE §1103.14 LISTING AGENT DEFINED (a) As used in this article, ‘‘listing agent’’ means listing agent as defined in subdivision (f) of Section 1086. (b) As used in this article, ‘‘selling agent’’ means selling agent as defined in subdivision (g) of Section 1086, exclusive of the requirement that the agent be a participant in a multiple listing service as defined in Section 1087. (Added by Stats. 1999, Chap. 876 (AB 248, Torlakson), eff. 1/1/2000) AGENTS’ MOBILEHOME RESALE DISCLOSURE HEALTH & SAFETY CODE §18025 AGENTS SUBJECT TO §18046 (a) Except as provided in subdivisions (b) and (c), it is unlawful for any person to sell, offer for sale, rent, or lease within this state, any manufactured home or any mobilehome, commercial coach, or special purpose commercial coach manufactured after September 1, 1958, containing structural, fire safety, plumbing, heat-producing, or electrical systems and equipment unless the systems and equipment meet the requirements of the department for those systems and that equipment and the installation of those systems and that equipment. The department may adopt rules and regulations that are reasonably consistent with recognized and accepted principles for structural, fire safety, plumbing, heat-producing, and electrical systems and equipment and installations, respectively, to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe structural, fire safety, plumbing, heat-producing, and electrical systems, equipment and installations. (b) All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 etseq.). (c) The sale of used manufactured homes and mobilehomes by an agent licensed pursuant to this part shall be subject to 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 58 Section 18046. (Amended by Stats. 1999, Chap. (SB 534, Dunn), eff. 1/1/2000) HEALTH & SAFETY CODE §18046 AGENT’S DUTY OF DISCLOSURE (a) An ‘‘agent’’ for purposes of this section and Section 18025, means a dealer or salesperson licensed pursuant to this part, or a real estate broker or salesperson licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code. (b) A ‘‘seller’’ for the purposes of this section and Section 18025 means the lawful owner of the manufactured home or mobilehome offering the home for sale. For purposes of this section and Section 18025, the exemptions enumerated by Section 1102.2 of the Civil Code shall be applicable to the transfer of a manufactured home or mobilehome. (c) The sale of used manufactured homes or mobilehomes by a real estate broker or salesperson licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code shall be subject to Section 2079 of the Civil Code. (d) It is the duty of a dealer or salesperson, licensed under this chapter, to a prospective buyer of a used manufactured home or mobilehome, subject to registration pursuant to this part, to conduct a reasonably competent and diligent visual inspection of the home offered for sale and to disclose to that prospecti ve buyer all facts materially affecting the value or desirability of the home that an investigation would reveal, if that dealer or salesperson has a written contract with the seller to find or obtain a buyer or is a dealer or salesperson who acts in coope ration with others to find and obtain a buyer. Where a transfer disclosure statement is required pursuant to subdivision (b) of Section 1102 of the Civil Code, a dealer or salesperson shall discharge that duty by completing the agent’s portion of the trans fer disclosure statement that a seller prepares and delivers to a prospective buyer pursuant to subdivision (b) of Section 1102 of the Civil Code. If no transfer disclosure statement is required, but the transaction is not exempt under Section 1102.2 of the Civil Code, a dealer shall discharge that duty by completing and delivering to the prospective buyer an exact reproduction of Sections III, IV, and V of the transfer disclosure statement required pursuant to subdivision (b) of Section 1102 of the Civil Code. (Amended by Stats. 1999, Chap. 517 (SB 534, Dunn), eff. 1/1/2000) LOT LINES HEALTH & SAFETY CODE §18610.5 MOBILEHOME AND SPECIAL OCCUPANCY PARK LOT LINES (a) Park lot lines shall not be created, moved, shifted, or altered without a permit issued to the park owner or operator by the enforcement agency and the written authorization of the registered owner or owners of the mobilehome or manufactured home, if any, located on the lot or lots on which the lot line will be created, moved, shifted, or altered. (b) No park lot line shall be created, moved, shifted, or altered, if the action will place the mobilehome owner, as defined by Section 18400.4, of a mobilehome or manufactured home located on a lot in violation of any separation or space requirements under this part or under any administrative regulation. (c) The park owner or operator shall submit a written application for the lot line alteration permit to the enforcement agency. The application shall include a list of the names and addresses of the registered own ers of mobilehomes or manufactured homes located on the lot or lots that would be altered by the proposed lot line change and the written authorization of the registered owners. The enforcement agency may require, as part of the application for the permit, that a mobilehome park owner or operator submit to the enforcement agency documents needed to demonstrate compliance with this section, including, but not limited to, a detailed plot plan showing the dimensions of each lot altered by the creation, movement, shifting, or alteration of the lot lines. If submission of a plot plan is required, the mobilehome park owner or operator shall provide a copy of the plot plan to the registered owners of mobilehomes or manufactured homes located on each lot that would be altered by the proposed lot line change and provide the enforcement agency, as part of the application, with proof of delivery by first -class postage prepaid of the copy of the plot plan to the affected registered owners. (d) The department may adopt a fee, by regulation, payable by the applicant, for the permit authorized by this section. (e) If the department is the enforcement agency and the application proposes to reduce or increase the total number of lots available for occupation, the applicant shall submit a copy of that application and any information required by subdivision (c) to the local planning agency of the jurisdiction where the park is located. (Amended by Stats. 2003, Ch. 815, (SB 54, Dunn). Operative 7/1/2005) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 59 OCCUPANCY PROHIBITIONS HEALTH & SAFETY CODE §18550 UNLAWFUL OCCUPANCY It is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes or mobilehomes wherever the manufactured homes or mobilehomes are located, or recreational veh icles located in mobilehome parks: (a) Any manufactured home, mobilehome, or recreational vehicle supplied with fuel, gas, water, electricity, or sewage connections, unless the connections and installations conform to regulations of the department. (b) Any manufactured home, mobilehome, or recreational vehicle that is permanently attached with underpinning or foundation to the ground, except for a manufactured home or mobilehome bearing a department insignia or federal label, that is installed in accordance with this part. (c) Any manufactured home, mobilehome, or recreational vehicle in an unsafe or unsanitary condition. (d) Any manufactured home, mobilehome, or recreational vehicle that is structurally unsound and does not protect its occupants against the elements. (Amended by Stats. 2016, Ch. 396 (AB 587; Chau), eff. 1/1/2017.) HEALTH & SAFETY CODE §18550.1 UNLAWFUL OCCUPANCY: HCD NOTICE On and after January 1, 2021, it is unlawful for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due. (Added by Stats. 2019, Ch. 488 (AB 173; Chau), eff. 1/1/2020) PARK EMERGENCY PREPAREDNESS AND PROCEDURES HEALTH & SAFETY CODE §18603 EMERGENCY PREPAREDNESS PLANS (a) In every park there shall be a person available by telephonic or like means, including telephones, cell ular phones, telephone answering machines, answering services or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, that person or their designee shall reside in the park, have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and shall be familiar with the emergency preparedness plans for the park. (b) (1) On or before September 1, 2010, an owner or operator of an existing park shall adopt an emergency preparedness plan. (2) For a park constructed after September 1, 2010, an owner or operator of a park shall adopt a plan in accordance with this section prior to the issuance of the permit to operate. (3) An owner or operator may comply with paragraph (1) by either of the following methods: (A) Adopting the emergency procedures and plans approved by the Standardized Emergency Man agement System Advisory Board on November 21, 1997, entitled “Emergency Plans for Mobilehome Parks,” and compiled by the California Emergency Management Agency in compliance with the Governor’s Executive Order W-156-97, or any subsequent version. (B) Adopting a plan that is developed by the park management and is comparable to the procedures and plans specified in subparagraph (A). (c) In every park, an owner or operator of a park shall do both of the following: (1) Post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the mobilehome park. (2) Provide notice annually to all existing residents of how to access the plan and information on individual emergency preparedness contained therein and how to obtain the plan in language other than English. This notice shall also be provided, upon approval of tenancy, to all new residents. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the internet. (d) An enforcement agency shall determine whether park management is in compliance with this section. The agency may ascertain compliance by receipt of a copy of the plan during site inspections conducted in response to complaints of alleged violations, or for any other reason. (e) Notwithstanding any other provision of this part, a violation of this section shall constitute an unreasonable risk to life, 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 60 health, or safety and shall be corrected by park management within 60 days of notice of the violation. (Amended by Stats. 2019, Ch. 299, (AB 338, Chu), eff. 1/1/2020) POLLING PLACE ELECTIONS CODE §12285 MOBILEHOME POLLING PLACE A mobilehome may be used as a polling place if the elections official determines that no other facilities are available for the convenient exercise of voting rights by mobilehome park residents and the mobilehome is designated as a polling place by the elections official pursuant to Section 12286. No rental agreement shall prohibit the us e of a mobilehome for those purposes. (Amended by Stats. 2000, Chap. 1081 (SB 1823, Committee on Elections and Reapportionment), eff. 1/1/2001) TITLE AND REGISTRATION HEALTH & SAFETY CODE §18080.4 REGISTRATION CARD IN EVERY MOBILEHOME (a) Every registered owner, upon receipt of a registration card, shall maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued. (b) This section does not apply when a registration card is nec essarily removed from the manufactured home, mobilehome, commercial coach, truck camper, or floating home for the purpose of application for renewal, amendment, or transfer of registration. (Amended by Stats. 1992, Ch. 686, Sec. 8. Effective January 1, 1993.) HEALTH & SAFETY CODE §18092.7 TAX CLEARANCE CERTIFICATE (a) Except as provided in subdivision (b) and Section 18116.1, the department shall withhold the registration or transfer of registration of any manufactured home, mobilehome, or floating home which is subject to local property taxation, other than a new manufactured home, mobilehome, or floating home for which application is being made for an original registration, until the applicant presents a tax clearance certificate or a conditional tax clearanc e certificate issued pursuant to Section 2189.8 or 5832 of the Revenue and Taxation Code by the tax collector of the county where the manufactured home, mobilehome, or floating home is located. Any conditional tax clearance certificate presented shall indicate that the tax liability has been satisfied pursuant to paragraph (3) of subdivision (m) of Section 18035. (b) In lieu of the tax clearance certificate or conditional tax clearance certificate required by subdivision (a), the department may accept a certification signed by the escrow officer under penalty of perjury that the tax collector of the county where the manufactured home is located has failed to respond to the written demand for a conditional tax clearance certificate as prescribed by subdivision (m) of Section 18035. (Amended by Stats. 2016, Ch. 396 (AB 587; Chau), eff. 1/1/2017) HEALTH & SAFETY CODE §18107 NOTICE OF TRANSFER AND RELEASE OF LIABILITY (a) An owner shall not be liable for taxes or fees pursuant to Article 6 (commencing with Section 18114) that accrue after the date of compliance if the owner does both of the following: (1) Properly endorses and delivers the certificate of title to the transferee as provided in this code. (2) Delivers to the Department of Housing and Community Development or deposits in the United States mail, addressed to the department, the completed notice of sale or transfer form developed by the department. (b) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law. (c) For purposes of this section, an “owner” means an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, or a junior lienholder as defined in Section 18005.3. (Amended by Stats. 2017, Chap. 832 (SB 542, Leyva), eff. 1/1/2018) HEALTH & SAFETY CODE §18108 RENEWALS AND REPLACEMENTS (a) If any registration card or registration decal is stolen, lost, mutilated, or illegible, the registered owner o f the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it was issued, as shown by the records of the department, shall immediately make application for, and may, upon the applicant furnishing information satisfactory to the department and paying the required fees, obtain a duplicate, substitute, or new registration under a new registration number, as determined by the department. (Amended by Stats. 1985, Ch. 1467, eff. 10/2/1985) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 61 HEALTH & SAFETY CODE §18116.1 LIEN/UNPAID FEES (a) Nonpayment of the fees and penalties provided for in Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b), (c), and (d) of Section 18116 that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home shall constitute a lien in favor of the State of California in the amount owing. (b) Notwithstanding any other provision of law, the lien provided for in subdivision (a) shall include all fees and penalties due and unpaid beginning with the fees for original registration that became delinquent for 120 days or more and continue to accrue to include all fees and penalties that subsequently become due and remain unpaid. (c) Until the amount of a lien provided for in subdivision (a) or (b) is paid to the department, the department shall not do either of the following: (1) Amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien for the purpose of transferring any ownership inte rest or transferring or creating any security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home. (2) Issue any duplicate, substitute, or new certificate of title, registration card, or copy of a registration card w ith respect to the manufactured home, mobilehome, commercial coach, truck camper, or floating home which isthe subject of the lien. (d) (1) When application is made to the department for registration or transfer of registration of a manufactured home or mobilehome, and the applicant is not currently the registered owner, pursuant to the Register Your Mobilehome Program operated by the department in accordance with this subdivision, with respect to all charges assessed by the department prior to the date the title or interest in the manufactured home or mobilehome was transferred to the applicant, the department shall release any lien imposed pursuant to this chapter and waive all outstanding charges assessed by the department, if all of the following requirements are met: (A) The applicant provides documentation demonstrating to the satisfaction of the department ownership and the date of acquisition of ownership interest pursuant to Section 18100.5 or 18102.5. (B) The applicant, or previous owner, did not take ownership interest on or after January 1, 2017, pursuant to a warehouseman’s lien. (C) The application is made prior to December 31, 2020. (D) The applicant pays any charges assessed by the department during the period between the time the applicant took ownership interest or December 31, 2015, whichever is later, and the time the applicant applies for relief pursuant to this subdivision. (E) The applicant has not previously filed for relief pursuant to this subdivision. (F) Any lien pursuant to Section 16182 of the Government Code has been satisfied. (2) If the applicant meets the requirements of paragraph (1) and the other requirements of this chapter not related to nonpayment or late payment of the department’s charges, fees, and penalties related to registration and titling, the department shall waive the outstanding charges, fees, or penalties identified in paragraph (1), amend the title record, and issue a duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home or mobilehome, in conformance with this chapter. (3) For purposes of any amounts owing pursuant to this subdivision, the department may establish a long term payment program of up to five years. The department may provide that any amounts owing under the payment program shall constitute a lien in favor of the State of California in the amount owing and shall be paid in full if the manufactured home or mobilehome is subsequently transferred. Failure to make the payments required by the plan is a violation of this chapter for which the department may suspend, revoke, or cancel the certificate of title pursuant to Section 18122. (4) (A) If the manufactured home or mobilehome for which an application has been submitted and approved pursuant to this subdivision and the other requirements of this chapter not related to nonpayment or late payment of the department’s charges, fees, and penalties related to registration and titling, is subject to local property taxation, the department shall issue a conditional transfer of title. (B) Upon presentation of a completed tax liability certificate as provided in subdivision (f) of Section 5832 of the Revenue and Taxation Code, if the applicant meets all of the requirements of this section and the other requirements of this chapter not related to nonpayment or late payment of the department’s charges, fees, and penalties related to registration and titling, and the requirements of paragraph (2) are met, the department shall amend the title record and issue a duplicate, substitute, or new certificate of title. 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 62 (C) On or before July 1, 2021, the department shall publish an analysis of manufactured home and mobilehome registration that came into compliance through the Register Your Mobilehome Program pursuant to subdivision (d). The analysis shall include whether each unit is subject to an in-lieu tax or to local property taxation, and the number of units for which a waiver of taxes assessed by the department prior to the transfer of title of the manufactured home or mobilehome was requester. (Amended by Stats. 2019, Ch. 488 (AB 173; Chau), eff. 1/1/2020) HEALTH & SAFETY CODE §18122.5 PENALTIES It is unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when ha ving possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. Excep t when the certificate of title is demanded in writing by a purchaser, a manufactured home, mobilehome, or commercial coach dealer licensed, as provided by this part, shall satisfy the delivery requirement of this section by submitting appropriate documents and fees to the department for transfer of registration in accordance with this part and rules and regulations promulgated thereunder. (Amended by Stats. 1983, Ch. 1076, § 90) VEHICLE CODE §5903 ABANDONMENT AND SALE: NOTICE AND APPLICATION When the department receives a copy of the judgment of abandonment and evidence of sale as specified in Section 798.61 of the Civil Code, the department shall transfer the registration of the trailer coach or recreational vehicle which has been deemed abandoned pursuant to that section, or reregister the trailer coach or vehicle under a new registration number, and issue a new certificate of ownership and registration card to the person or persons presenting the copy of the judgment of abandonment and evidence of sale to the department. (Added by Stats. 1991, Ch. 564, § 2) TRAFFIC VEHICLE CODE §21107.9 SPEED ENFORCEMENT AGREEMENTS (a) Any city or county, or city and county, may, by ordinance or resolution, find and declare that there are privately owned and maintained roads within a mobilehome park, as defined in Section 18214 of the Health and Safety Code, or within a manufactured housing community, a s defined in Section 18801 of the Health and Safety Code, within the city or county, or city and county, that are generally not held open for use by the public for vehicular travel. Upon enactment of the ordinance or resolution, the provisions of this code shall apply to the privately owned and maintained roads within a mobilehome park or manufactured housing community if appropriate signs are erected at the entrance or entrances to the mobilehome park or manufactured housing community of the size, shape, a nd color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the roads within the park or community are subject to the provisions of this code. The city or county, or city and county, may impose reasonable conditions and may authorize the owners of the mobilehome park or manufactured housing community to erect traffic signs, markings, or devices which conform to the uniform standards and specifications adopted by the Department of Transportation. (b) No ordinance or resolution shall be enacted unless there is first filed with the city or county a petition requested by the owner or owners of any privately owned and maintained roads within a mobilehome park or manufactured housing community, who are responsible for maintaining the roads. (c) No ordinance or resolution shall be enacted without a public hearing thereon and 10 days’ prior written notice to all owners of the roads within a mobilehome park or manufactured housing community proposed to be subject to the ordinance or resolution. At least seven days prior to the public hearing, the owner or manager of the mobilehome park or manufactured housing community shall post a written notice about the hearing in a conspicuous area in the park or community clubhouse, or if no clubhouse exists, in a conspicuous public place in the park or community. (d) For purposes of this section, the prima facie speed limit on any road within a mobilehome park or manufactured housing community shall be 15 miles per hour. This section does not preclude a mobilehome park or manufactured housing community from requesting a higher or lower speed limit if an engineering and traffic survey has been conducted within the community supporting that request. (e) The department is not required to provide patrol or enforce any provision of this code on any privately owned and maintained road within a mobilehome park or manufactured housing community, except those provisions applicable to private property other than by action under this section. (Added by Stats. 2002, Chap. 284 (SB 1556, Dunn), eff. 1/1/2003) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 63 CHAPTER 2.6 OF THE CALIFORNIA CIVIL CODE ARTICLE 1 – DEFINITIONS 799.20 TITLE OF CHAPTER This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.21 APPLICATION OF DEFINITIONS Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.22 DEFINITION OF DEFAULTING OCCUPANT “Defaulting occupant” means an occupant who fails to pay for his or her occupancy in a park or who fails to comply with reasonable written rules and regulations of the park given to the occupant upon registration. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.23 DEFINITION OF DEFAULTING RESIDENT “Defaulting resident” means a resident who fails to pay for his or her occupancy in a park, fails to comply with reasonable written rules and regulations of the park given to the resident upon registration or during the term of his or her occupancy in the park, or who violates any of the provisions contained in Article 5 (commencing with Section 799.70). (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.24 DEFINITION OF DEFAULTING TENANT “Defaulting tenant” means a tenant who fails to pay for his or her occupancy in a park or fails to comply with reasonable written rules and regulations of the park given to the person upon registration or during the term of his or her occupancy in the park. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.25 DEFINITION OF GUEST “Guest” means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. An occupant, tenant, or resident shall be responsible for the actions of his or her guests. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.26 DEFINITION OF MANAGEMENT “Management” means the owner of a recreational vehicle park or an agent or representative authorized to act on his or her behalf in connection with matters relating to the park. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.27 DEFINITION OF OCCUPANCY “Occupancy” and “occupy’ refer to the use of a recreational vehicle park lot by an occupant, tenant, or resident. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.28 DEFINITION OF OCCUPANT “Occupant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.29 DEFINITION OF RV “Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) THE RECREATIONAL VEHICLE PARK OCCUPANCY LAW 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 64 799.30 DEFINITION OF RV PARK “Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code. (Amended by Stats. 2004, Chap. 530 (AB 196, (Leslie), eff. 1/1/2005) 799.31 DEFINITION OF RESIDENT “Resident” means a tenant who has occupied a lot in a park for nine months or more. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.32 DEFINITION OF TENANT “Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) ARTICLE 2 - GENERAL PROVISIONS 799.40 CUMULATIVE RIGHTS The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.41 NOT APPLICABLE TO MOBILEHOMES Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.42 NO WAIVER OF RIGHTS No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.43 REGISTRATION AGREEMENT The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant’s recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 7 2-hour notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.44 RULES AND REGULATIONS At the time of registration, an occupant shall be given a copy of the rules and regulations of the park. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.45 RENTAL AGREEMENT OPTIONAL The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.46 SIGN REQUIREMENT/REASONS FOR RV REMOVAL At the entry to a recreational vehicle park, or within the separate designated section for recreatio nal vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park. (Amended by Stats. 2004 (AB 1964 (Leslie), eff. 1/1/2005) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 65 See Civil Code Sections 1866 and 1867 not included in the Recreational Vehicle Park Occupancy Law but affecting recreational vehicle and special occupancy parks. ARTICLE 3 - DEFAULTING OCCUPANTS 799.55 72-HOUR NOTICE Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72 -hour period during normal business hours. (Amended by Stats. 2004, Chap. 530 (AB 1964, Leslie), eff. 1/1/2005) 799.56 SERVICE OF 72-HOUR NOTICE (a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is occupying the recreational vehicle located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place where the property is located and, if available, any other address which the occupant has provided to management in the registration agreement. Delivery of the 72 -hour notice to a defaulting occupant who is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section. (b) In the event that the defaulting occupant is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupant’s vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice. (c) The management shall also serve a copy of the notice to the city police if the park is located in a city, or, if the park is located in an unincorporated area, to the county sheriff. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.57 NOTICE OF RV REMOVAL The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.58 RV REMOVAL/NOTICE TO SHERIFF Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant’s recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.59 REASONABLE CARE IN RV REMOVAL When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise reasonable and ordinary care in removing the recreational vehicle to the storage area. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) ARTICLE 4 - DEFAULTING TENANTS 799.65 FIVE DAYS TO PAY DUE RENT/THREE-DAY NOTICE TO VACATE The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid for a period of five days from its due date, and provided the tenant has been given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this section, the five-day period does not include the date the payment is due. 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 66 The three-day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civi l Procedure. Any payment of the total charges due, prior to the expiration of the three -day period, shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the three-day notice period, the tenant shall remain liable for all payments due up until the time the tenancy is vacated. (Added by Stats. 1992 , Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.66 THIRTY DAYS’ NOTICE OF TERMINATION The management may terminate or refuse to renew the right of occupancy of a tenant f or other than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. The notice need not state the caus e for termination but shall provide not less than 30 days’ notice of termination of tenancy. (Amended by Stats. 1994 Chap. 677 (SB 1349, Wyman), eff. 1/1/1995) 799.67 EVICTION PROCEDURES Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as otherwise provided in this article. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) ARTICLE 5 - DEFAULTING RESIDENTS 799.70 TERMINATION OF TENANCY/NOTICE The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This notice shall provide not less than 60 days’ notice of termination of the right o f occupancy and shall specify one of the following reasons for the termination of the right of occupancy: (a) Nonpayment of rent, utilities, or reasonable incidental service charges; provided, that the amount due has been unpaid for a period of five days from its due date, and provided that the resident shall be given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three -day notice shall be given to the resident in the manner prescribed by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time as the 60-day notice required for termination of the right of occupancy; provided, however, that any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the resident. In the event the resident does not pay prior to the expiration of the three -day notice period, the resident shall remain liable for all payments due up until the time the tenancy is vacated. (b) Failure of the resident to comply with a local ordinance or state law or regulation relating to the recreational vehicle park or recreational vehicles within a reasonable time after the resident or the management receives a notice of noncompliance from the appropriate governmental agency and the resident has been provided with a copy of that notice. (c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial annoyance to other occupants, tenants, or residents. (d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the park, including, but not limited to, within the resident’s recreational vehicle. However, the right of occupancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the recreational vehicle. (e) Failure of the resident or a guest to comply with a rule or regulation of the park which is part of the rental agreement or any amendment thereto. No act or omission of the resident or guest shall constitute a failure to comply with a rule or regulation unless the resident has been notified in writing of the violation and has failed to correct the violation within seven days of the issuance of the written notification. (f) Condemnation of the park. (g) Change of use of the park or any portion thereof. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 2024 SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES 67 799.71 EVICTION PROCEDURES Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as otherwise provided in this article. (Added by AB 3074, Ch. 310 (1992), eff. 1/1/1993) ARTICLE 6 - LIENS FOR RV’S AND ABANDONED POSSESSIONS 799.75 UPON DEFAULT/CIVIL CODE PROCEDURE The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28, inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) ARTICLE 7 - ACTIONS AND PROCEEDINGS 799.78 ATTORNEY’S FEES AND COSTS In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993) 799.79 $500 DAMAGES/WILLFUL VIOLATIONS BY MANAGEMENT In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management. (Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)                2021 MRL FAQs 68   RENTS, FEES & TAXES PAGE #1 Rent Increases 65 #2 Pass-Through Fees 65 #3 Short Notice of Rent Increase 65 #4 Back-Rent Billing 65 #5 Clubhouse Fee 65 #6 Security Deposit 66 #7 Deducting Rent Due to Lack of Functioning Park Utilities 66 #8 Withholding Rent When Park Loses Operating Permit 66 #9 Late Fees 66 #10 Mobilehome Property Taxes 66 #11 Property Tax Adjustment 67 #12 Low-Income Rent Vouchers: Section 8 67 UTILITIES #13 Park Utility Costs 67 #14 Itemized Charges 68 #15 Park Cable TV or Common Antenna System Fees 68 #16 Water Charges 68 #17 Call local utilities before digging 68 LEASES & RENTAL AGREEMENTS #18 Long Term Leases Exempt from Rent Control 69 #19 Leases in Language Other than English 69 #20 Length of lease: Long-term, Annual, or Month-to-month 69 TERMINATION OF TENANCY #21 Eviction for Late Payment of Rent 69 #22 Eviction for Rule Violations 70 #23 End of Rental Agreement Term 70 #24 Tenant Rights in Park-Owned Mobilehomes 70 #25 Park Closure or Conversion 71 STATE LAWS & PARK RULES #26 Park Rules v. Mobilehome Residency Law (MRL) 72 #26.1 Annual Distribution of MRL to Residents 72 #26.2 MRL in Spanish and other Languages 72 #27 MRL protections 72 #28 Rule Changes 72 #29 Selective Enforcement of Park Rules 72 #30 Senior Park Changed to All-Age Park 72 #31 All-Age Park Back to Senior-Only Park 73 #32 Rights of Disabled Homeowners 73 #32.1 Adult Protective Services agencies 73 #33 Occupancy Standard 73 #34 Clubhouse Hours and Use 74 #35 No-Pet Rule 74 #35.1 Trained Service Dogs v. Emotional Support Animals 74 #36 Animal control 74 FREQUENTLY ASKED QUESTIONS Compiled by the California State Senate Select Committee on Manufactured Home Communities 2024 MRL FAQs 69 #37 Parking Restrictions and Towing 75 #38 Subletting 75 #39 RVs in Mobilehome Parks 75 #40 Caregiver Residency in the Park after Homeowner’s Death 75 PARK MAINTENANCE, INSPECTIONS & SERVICES #41 Failure to Maintain the Park 76 #42 Mobilehome Park Inspection Program 76 #43 Code Enforcement Agency 76 #44 Title 25: State of California Health and Safety Regulations 76 #45 Combustible Storage and Trash 76 #46 Reduction of Park Services 77 #47 Lot Lines 77 #48 Trees and Driveways 77 #49 Responsibility for Pre-Existing Code Violations 77 #50 Permit for Remodeling the Mobilehome 77 #51 Home Rehabilitation Assistance 78 RESIDENT-OWNED PARKS #52 Park Condo-Conversion to Resident Ownership 78 #53 Residents’ Right of First Refusal to Buy Park 78 #54 Laws Applicable to Resident-Owned Parks 79 #55 Stock Cooperatives and the Davis-Stirling Act 79 #56 Secretary of State: Researching Original Filing Documents 79 #57 Disputes, Violations and Enforcement 80 PARK OWNERS & MANAGERS #58 Manager-Resident Relations 80 #59 Enforcement of the MRL 80 #60 Contacting Park Owner or Operator 80 #61 Management Availability in Case of Emergencies 80 #62 Park Manager Entering Lot 80 HOME SALES, RESALES, TRANSFERS & TITLES #63 Selling Home In-Place in Park 81 #63.1 Selling mobilehomes: Realtor’s License and Clean Titles 81 #64 Resale of a Park Model in the Park 81 #65 Prospective Buyers Subject to Income Requirements 81 #66 Rights of Heirs Inheriting Mobilehomes 82 #67 Adding or Changing Name on Title of Home 82 #68 Replacing a Lost or Never-Received Title 82 #69 Resale Disclosure 82 #70 Homeowner May Be Required to Sell Home to the Park on Resale 82 #71 New Home Defects and Warranties 83 RESOURCES FROM NEW LEGISLATION #72 New Enforcement Agency for Mobilehome Residency Law Violations 83 2024 MRL FAQs 70 #1 Does state law regulate the amount of rent increases in mobilehome parks? No, state law does not regulate the amount of a rent increase in a mobilehome park. Rent stabilization is a “local control issue”. The MRL does require a park to give residents a 90-day advance written notice of a rent increase (Civil Code §798.30). If residents are on a long-term lease, the lease will govern the percentage and frequency of rent increases, with increases not less than every 90 days as required by law. Prior to 2021, Civil Code 798.17 (a) (1) provided that, if residents sign a long-term lease of more than one year in length that lease is exempt from any local rent ordinance provisions. However, AB 2782, passed by the legislature in 2020, significantly amended the Civil Code 798.17 exemption. As of January 1, 2021, any long-term lease signed on or after February 13, 2020 is no longer exempt from local rent stabilization, and the rent regulations in the local ordinance will take precedence. In addition, all long-term leases signed prior to February 13, 2020 shall continue to be exempt from local rent stabilization, but only until they expire, or until January 1, 2025, whichever occurs first. (Note: Approximately 104 local jurisdictions (cities and counties) have some form of rent stabilization for mobilehome parks.) Recap: ● State law does not regulate the amount of a rent increase. It is a local control issue. ● A 90-day advance written notice of rent increase is required. ● If resident is on a long-term lease, check the language in lease for frequency (not less than every 90 days) and percentage of increases. #2 Can the park charge separate “maintenance” or “pass-through” fees in addition to the rent? Yes, if the resident’s signed lease or rental agreement provides for assessments or fees for maintenance, among other services. If not mentioned in the lease, a new fee would have to be for a service actually rendered, such as trash pick-up, and would require a 60-day advance written notice. (Civil Code §798.32(a)) If the resident signs a new lease or rental agreement that includes these fees, they are agreeing to pay the fees. State law does not require a notice requirement for an increase in an already existing fee. Local jurisdictions with mobilehome park rent control ordinances may regulate fees or pass-through costs which parks charge their residents. Some ordinances, for example, distinguish capital improvements from maintenance, allowing a pass-through fee of certain capital improvements (not including maintenance) amortized over a period of time. Recap: ● A 60-day advance written notice is required for a new fee if it is not mentioned in the lease. ● Notice is not required for an increase in an existing fee. #3 A 90-day written notice of rent increase was delivered late. Is this notice legal? No. The MRL provides for residents to receive the 90-day written notice of a rent increase before the date of the increase. (Civil Code §798.30) Any notice required by the MRL shall either be delivered and received in -person or by U.S. mail, postage prepaid. (Civil Code §798.14) Actual receipt of the notice less than 90 days be fore the increase is not a 90-day notice. Recap: ● A 90-day written advance notice must be received by residents 90 days before increase. ● The notice must be delivered in-person or by U.S. mail. #4 Can the park charge residents for back-rent that was miscalculated because of the manager’s mistake? It depends on the situation. If the park rental agreement or lease stipulates the monthly rent for the term of the lease, and there is no provision in the lease for a contingency, such as an increase due to manageme nt error, then back-rent could not be charged. However, if residents have signed a rental agreement that provides that back -rent may be charged in the event of a management miscalculation or error, then the additional rent could be charged with a 90-day notice. Recap: ● If not specified in lease or rental agreement, then collection of back-rent is not allowable. ● If back-rent is allowed under terms of lease or rental agreement, then a 90-day advance written noticeis required. #5 Can the park owner require a deposit or fee for use of the clubhouse by the homeowners association? No, however there are certain exceptions. The MRL provides that a park rental agreement or rule or regulation shall not deny a homeowner or resident the right to hold meetings for a lawful purpose in the clubhouse at reasonable times and in a reasonable manner, when the facility is not otherwise in use. (Civil Code §798.51(a)(1)) Homeowners or residents may not be charged a cleaning deposit or require liability insurance in order to use t he 2024 MRL FAQs 71 clubhouse for meetings relating to mobilehome living or for social or educational purposes and to which all homeowners are allowed to attend. (Civil Code §798.51(b)) However, the park may require a liability insurance binder when alcoholic beverages are served. (Civil Code §798.51(c)) If a homeowner reserves the clubhouse for aprivate function to which all park residents are not invited, the park could charge a fee or deposit. Recap: ● No fee may be charged for homeowner functions. ● A liability insurance fee may be charged if alcohol is served. ● A fee may be charged for private parties. #6 Can the park charge first and last months’ rent plus a 2-month security deposit? Normally, when a mobilehome owner is accepted for residency in a mobilehome park and signs a rental agreement, charging first month’s rent and a 2-month security deposit are permitted. (Civil Code §798.39) After one full year of satisfactory residency (meaning all rent and fees have been paid during that time), the resident is entitled to request a refund of the 2-month security deposit, or may request a refund at the time he or she vacates the park and sells the home. (Civil Code §798.39(b)) Recap: ● A 2-month security deposit may be charged. ● A security deposit refund is allowed after one year if all rent and fees have been paid. #7 Can the resident refuse to pay the rent or deduct a certain amount from the rent if water in the park is cut off? No. Refusing to pay the rent or paying a reduced rent could lead to the residents’ termination of tenan cy unless residents are willing to chance an eviction and use the lack of water as a defense. Instead, residents should file an emergency complaint with the Department of Housing (HCD) or a local enforcement agency if the local agency has jurisdiction over the lack of water in the park. An inspector can then cite the park for failing to provide adequate water and require the park to furnish bottled water and alternative bathing facilities until the water problem is fixed. The MRL requires the park to maintain the common facilities (which include the utilities) in good working order and condition. (Civil Code §798.15(d)) Recap: ● Resident is not allowed to deduct rent in case of utility shut-off. ● If there is lack of water, alert the code enforcement agency. #8 Can the park evict a resident for not paying rent even though the park’s Permit to Operate has been invalid for a year? If the Permit to Operate (PTO) is officially suspended by the state Department of Housing (HCD) the park cannot legally collect rent from residents until the permit is re-instated. Until the PTO is officially suspended by HCD however -- despite the fact that the PTO fee may not been paid to the state in a year -- residents who withhold rent from the park may be subject to a notice of termination of tenancy by the management. Recap: ● If the mobilehome park’s permit to operate (PTO) is officially suspended, then the park cannot legally collect rent. #9 Can the park charge the resident a late fee if they missed paying the rent and utility bill by one day? Late fees on rents, utility charges or other pass-through fees are not regulated by the MRL, however, California court cases regarding late fees generally have upheld residential leases with preset late penalties if they bear a reasonable relationship to the actual damages that could be anticipated or sustained by the landlord for late payment, such as administrative costs relating to accounting for and collecting the late payments. For example, a 3% charge for late payment of rent ($15 on a $500 rent bill) is probably going to be construed as reasonable. Whether $50 is reasonable depends on the outstanding amount of the late rent and utilities owed. Recap: ● If the signed lease or rental agreement stipulates a late fee, then the resident must pay. #10 Why do residents have to pay taxes on their mobilehomes in addition to paying the park owner a fee for property taxes? Mobilehome owners, who are park residents, pay for the park’s property taxes either through their rent or sometimes through separate pass-through fees for property taxes, or property tax increases, on the park property. Yet mobilehome owners may also be liable for an individual property tax to the county on their home and 2024 MRL FAQs 72 accessory structures. Prior to July 1, 1980 most mobilehomes were taxed like vehicles by the state with a vehicle license fee (VLF) in lieu of local property taxes. However, the law was changed in 1979 to subject new mobilehomes and manufactured homes sold on or after July 1, 1980 to local property taxes instead of the VLF. Pre- July 1980 homes remain on the VLF unless the owner voluntarily switches the home to the local property tax system. Tax law does not allow the county assessor to base assessment of taxes on mobilehomes in parks on the value of the park land or space. Hence, the mobilehome owner’s property tax is separate from the property tax on the park owner’s land. Recap: ● Resident pays the park’s property tax pass-through fee. Resident may also have to pay county’s tax assessment on their home and accessory structures. ● Before July 1, 1980, mobilehomes pay Vehicle License Fee. ● After July 1, 1980, new mobilehomes pay property taxes, separate from the tax assessment on park property. #11 How can a resident get their taxes reduced? Local property taxes are based on 1% of the assessed value (AV) of the property or home, plus any local bonded debt, such as school bonds. Under the California Constitution (Article VIIIA), the county assessor may increase the AV by 2% a year; however, when a home is sold and ownership is transferred, the assessor may re-assess the property (usually to the higher selling price or value). Therefore, homes that have been resold in a “good” real estate market have been reassessed at higher values, sometimes significantly higher, than thos e that have remained under the same ownership for years with the application of the annual 2% formula. Since the 2007 recession, many homes have decreased in value. Mobilehome owners, like owners of conventional homes, who feel their taxes are too high in the current market, may file an appeal with the county assessment appeals board to see if they can get their AV, and thus their taxes, reduced. The burden, however, is on the homeowner to produce evidence that his or her home is worth less than the assesso r’s valuation. This can be done by getting a private appraisal(s) and producing documents showing the reduced or selling prices of similar mobilehomes in the park or in similar parks in the community. Information on how to apply and the deadlines for applying may be obtained from the local county tax assessor’s office. Recap: ● File an appeal with the county tax assessor and be prepared to prove that the value of the mobilehome is worth less than the assessed value. #12 Must the park owner accept Section 8 vouchers? Section 8 is a federal program (Housing and Urban Development), and federal law does not require landlords to accept Section 8 rent vouchers. Landlords who accept Section 8 enter into agreements or contracts with the county that administers the program and must abide by the Section 8 terms for the period of the agreement, which is normally a set number of years. Because of Section 8 restrictions, some landlords have opted -out of Section 8 at the end of their agreements. The local county housing agency has information regarding availability of rent vouchers. Recap: ● The park owner does not have to accept Section 8 rent vouchers. #13 Where can residents get help if they suspect they are being overcharged on utility bills? Most parks are “master-meter” operators that own, operate and maintain the electric, gas and water distribution system within the park and bill their residents with the monthly rent statement. Under the state Public Utilities Code, master-meter customers (parks) shall charge no more than the local serving utility would charge a resident, including passing through any low-income rebates or discounts, such as “CARE.” Residents can call County Weights and Measures (W&M) to have them check the accuracy of their meters and assure they have been correctly calibrated. Some W&M offices are willing to look into billing complaints, such as failure to provide proper billings or post rates, but most only check the accuracy of the meters. The California Public Utilities Commission (CPUC) is required to take informal complaints (800-649-7570) from residents in master-meter parks. The CPUC often refers these complaints to the serving utility to work out with the park management. If a third party billing agent prepares the utility billings for the park, the management shall disclose the contact information of the billing agent on residents’ billings. (Civil Code §798.40(b)) Recap: ● The resident must prove overcharges. ● CPUC is required to take informal complaints (800-649-7570). 2024 MRL FAQs 73 ● Contact information for the third party billing agent must be disclosed on the residents’ utility billings. #14 Can the park start billing residents for utilities that were previously included in the rent? If the residents’ rental agreement provides that sewer, water and garbage are included in the rent, the park management may elect to itemize or charge separately for these utilities. (Civil Code §798.41) In this case, the average monthly amount of the utility charges shall be deducted from the rent. If the rental agreement does not specifically indicate that utility charges are included in the rent, then the park owner could charge for them after complying with the 60-day written notice requirement. (Civil Code §798.32) Recap: ● If the lease or rental agreement stipulates separate charges, then the resident must pay accordingly. ● If it is not stipulated in the lease or rental agreement, then the park must give a 60-day advance written notice of an itemized billing. #15 Do residents have to pay the cable TV service fee even if they don’t use it? Also, can the park prohibit satellite dishes? The park can charge a fee for services actually rendered with a 60-day notice if it is not already provided for in the rental agreement. (Civil Code §§798.31, 798.32) If the resident has signed a long -term lease agreeing to pay the fee, they may be obligated to continue to pay it until the end of the term of the lease. A 1997 California appellate case, Greening v. Johnson, held that cable TV is not an essential utility and a park cannot charge a resident a fee for such a service not actually used by the resident. Moreover, the Telecommunication Act of 1996 provides that community rules and regulations or local ordinances cannot prohibit the installation of a dish antenna on one’s home or property if it is not more than 39 inches in diameter and does not constitute a health and safety problem. Park rules can regulate placement or design of the antenna on the home if reasonable (e.g. rules don’t preclude acceptable reception) but cannot ban satellite dishes outright. Recap: ● If stipulated in the signed lease or rental agreement, resident must pay the fee. ● If not stipulated in the lease or rental agreement, then the park must provide a 60 -day advance written noticeof a fee for service actually rendered. ● Cable TV is not an essential utility, therefore the park cannot charge a non-user. ● Satellite dishes are allowable, but with strict guidelines. #16 Some residents’ water usage is down, but their water bill has increased. How do they find out if they are being overcharged? Contact the park management. If the park cannot help, call the County Sealer (Weights and Measures) and ask them to check the accuracy of the meter. Check for plumbing leaks under home or in fixtures. If none of these steps resolve the problem, the resident may wish to file a complaint with the California Public Utilities Commission (CPUC) about rate issues and overcharges but only if the park receives water from a water utility or supplier regulated by the CPUC. If water is CPUC-regulated, resident may only be charged a water rate that the regulated utility would be able to charge residents if they were served directly by the utility. This would include a usage rate and a customer service charge (for meter reading and service). However, the majority of parks are not served by regulated water utilities but by municipalities, water districts, utility districts, or even the park’s own water well system, and are not regulated by the CPUC. One exception is that the CPUC may take complaints from residents of parks regarding service or rates charged by parks using their own water systems or underground wells. If the park is subject to local mobilehome park rent control, rent control authorities may be able to provide some relief depending upon how the rent ordinance is written or administered. Otherwise, the resident would have to complain to the appropriate governing board of the municipality, water or utility district actually furnishing water to the park. Recap: ● In a park with metered water served by regulated water districts: check bill calculations, see manager, call county, or file a complaint with the CPUC. ● If it is a park without metered water and not served by a regulated water district: call the local water board. #17 Construction work is scheduled in the park that I manage. Do I have to contact the local utilities first? Instead of calling the local utilities, dial 811 and be connected to the appropriate regional notification center that will contact the subsurface installation operators. The subsurface installation operator will then mark the lines that they own, operate or maintain within the area where you will be digging. (Government Code §4216.2) 2024 MRL FAQs 74 #18 Can the park manager force residents to sign a long-term lease, causing them to lose rent control protections? If the resident is currently a homeowner residing in the park, then they may reject a long-term lease and opt for a shorter-term lease. In the case of a prospective buyer of a home in the park who is not yet a resident, their right not to sign such a long lease is less clear. A rental agreement or lease with a term of more than 12 months is exempt from any rent control ordinance. (Civil Code §798.17) The resident may reject a long -term lease after reviewing it and opt for an annual or month-to-month rental agreement. (Civil Code §798.18) If the resident elects to have a rental agreement for 12 months or less, the rent charges and conditions shall be the same as those offered in the longer-term lease during the first 12 months (Civil Code §798.18). Not all long-term leases are bad for homeowners, and some may provide rent stability for years that month-to-month or annual tenancy does not, particularly in localities where rent control will probably never be enacted. (See also #20) Recap: ● Current homeowners residing in the park have the option of signing a short -term lease agreement with charges and conditions that are the same as in a long-term lease. ● Buyers, or prospective residents, may not have the option to reject a long-term lease. ● Residents have 30 days to review and accept or reject a long-term lease. #19 Is the park required to provide a lease agreement in the language of the resident if the resident is non -English speaking? Not in most cases. Civil Code Sec. 1632 provides that a person engaged in a trade or business, who negotiates a contract or lease -- including a rental agreement covering a dwelling, apartment or mobilehome -- in Spanish, Chinese, Tagalog, Vietnamese, or Korean, shall provide the other party, if he or she requests it, with a written copy of the contract or agreement in that language prior to execution of the document. However, this provision does not apply to contracts or agreements negotiated with the use of an interpreter, or to month -to-month rental agreements. Additionally, most mobilehome parks do not “negotiate” their leases with homeowners or prospective homeowners, but rather offer the lease on a “take it or leave it” basis. Recap: ● Most mobilehome lease contracts are not negotiated and therefore they do not have to be offered in languages other than in English. #20 Does a resident have to sign a long-term lease, or are there other options? Homeowners living in a park have the right to review the proposed long -term lease and to reject it within 30 days and opt instead for a 12-month lease agreement or month-to-month rental agreement. (Civil Code §798.17(b)) If a homeowner rejects a long term lease, then the park cannot increase the rent above the terms provided for in the rejected long-term lease, for a year after the rejection date. (Civil Code §§798.17(c), 798.18(b)) A homeowner living in the park is entitled to a 12-month agreement or month-to-month, if they ask for it. (Civil Code 798.18(a)). (See also Question #18) Recap: ● The resident has 30 days to accept or reject a long-term lease. ● The resident has the option of a month-to-month or annual rental agreement. ● If the lease is rejected, no increase in rent is allowed, above the terms of the lease, for a year. #21 Can the park evict a resident for payment of late rent even though their rental history shows they eventually pay the full rent? Yes. The MRL (Civil Code 798.56(e)) gives homeowners five days after the due date to pay the monthly rent and a 3-day notice thereafter to pay the rent (in 3 days) or be subject to termination of tenancy in 60 days. If a homeowner pays the rent within the 3-day grace period, the 60-day termination of tenancy is voided. However, the homeowner can only pay the rent late three times in a 12 -month period. If a homeowner is late a fourth time within any 12-month timeframe, the park can refuse to accept the late rent and proceed with eviction after 60 days. Civil Code Sec. 798.56(e)(1) has a specific boldface warning notice about this “three strikes” provision, which must be included in each 3-day notice given by the management to the homeowner. Recap: ● The resident has five days from the due date to pay rent. ● If the rent is late, the park can give the resident a 3-day notice to pay or risk eviction in 60 days. ● The resident can be late only three times in a 12-month period. 2024 MRL FAQs 75 #22 Is the park allowed to issue an eviction notice to a resident and then refuse to talk about it and return their rent check? In a mobilehome park, a resident’s tenancy can only be terminated for just cause, meaning they can only be evicted for the seven reasons specified in state code, including violation of a park rule or regulation. (Civil Code §§798.55, 798.56) The park management must give the resident a 60-day notice (Civil Code §798.55(b)(1)), but if the resident refuses to move after the 60-day period, the park management can take the resident to court in what is known as an unlawful detainer action. There the resident would have the opportunity to tell the judge their side of the story. If the resident is evicted, and depending upon the court’s decision, the resident may be required to pay the management’s attorney fees (Civil Code §798.55(d)), in addition to having to leave the park. Management is required to specify the rule broken and explain the details and give the resident seven days to correct the rule violation. (Civil Code §798.56(d)) If the resident violates the rule more than twice in a 12-month period, on the third violation, the management may proceed with termination whether or not the residen t has cured the violation (“3 strikes”). (Civil Code §798.56(e)(5)) Recap: ● The park manager must specify which rule was broken and explain the details. ● The park must give the resident seven days to correct the rule violation. ● If the resident violates a rule more than twice in a 12-month period, the park may proceed with eviction whether or not the resident corrected the violation. #23 Can the park end a resident’s tenancy by refusing to enter into a new rental agreement? No, not if the resident is a homeowner. Under the MRL, homeowners normally rent under a month-to-month or 12-month rental agreement or long-term lease of more than one year. When the term of the rental agreement is up, the management cannot elect to end the tenancy but must offer a 12 -month or month-to-month agreement if requested by the homeowner. Residents who own their mobilehomes in the park cannot be evicted because their lease has expired -- only if they have not paid the rent, or have violated park rules or regulations. (Civil Code §798.56) However, if the resident is a tenant -- not a homeowner -- who rents a park-owned mobilehome, such a tenancy would be governed by conventional landlord-tenant law. In that case, the park can terminate the tenancy without a reason with a 30-day notice. Recap: ● The park cannot terminate a resident’s tenancy when the lease or rental agreement expires – only when the rent has not been paid or a rule has been violated. #24 For residents who do not own the mobilehome they are living in, what rights do they have in the case of an eviction? The MRL eviction protections and procedures only apply to homeowners who own their own homes and rent their spaces, not to tenants who rent mobilehomes owned by the park, park management, or other persons. Certain sections of the MRL do apply specifically to both homeowners and “residents” (Civil Code §798.11). However, the MRL’s “just cause” eviction provisions (Civil Code §798.56) do not apply to residents who rent mobilehomes owned by others. They would be subject to the requirements of conventional landlord-tenant law (Civil Code §1940 et seq.). In such a case for these tenants, where there is a notice of eviction without any reason, tenants living in the rental home for less than a year generally would be entitled to a 30-day notice of termination; those living there for a year or more, are entitled to a 60-day notice if eviction is without cause. (Exceptions to the 60-day requirement are in Civil Code §1946.1.) Recap: ● Tenants who live in the mobilehome which they own are covered under the provisions of the MRL. ● Tenants living in rental mobilehomes are subject to eviction protections and procedures in landlord -tenant law, not the MRL. ● Tenants in rental homes for less than a year generally are entitled to a 30-day notice of termination if there is no cause for termination. ● Tenants in rental homes for a year or more generally are entitled to a 60-day notice of termination if there isno cause for termination. 2024 MRL FAQs 76 #25 Do residents have any rights to compensation for being dislocated when the park closes down? Mobilehome park residents are entitled to receive one of two kinds of written notice before a mobilehome park may legally close or convert to another type of land use: (1) Where no local government permits are required to close or convert the park to another use, management must give residents at least 12 months written notice of termination of tenancy. (Civil Code §798.56(g) (2) (B)) (2) Where local permits are required, which is usually the case, management must give resident s a 60-day written notice that park management will appear before a local board or planning commission to request permits for a change of use. After all permits have been approved residents must then also receive a 6 -month written notice of termination of tenancy. (Civil Code §798.56(g) (1) and (2) (A)) Together with these notices, State law requires the park owner to also prepare and file a written report on the impact of the closure or cessation of use of the mobilehome park with the local city or county government authority (typically called a "Closure Impact Report" or "CIR") (Govt. Code §65863.7). The CIR must be provided to all residents of the park along with the above-described notices. (Civil Code §798.56(h)) Approval of the closure or conversion of a mobilehome park to another use is conditioned upon approval of the CIR, so as to determine the impact and effect the conversion will have on the residents’ dislocation and their ability to find alternative housing. (Govt. §65863.7) Pursuant to significant amendments enacted by Assembly Bill 2782 effective January 1, 2020, CA Government Code §65863.7 now reads as follows: Requires that the CIR include a replacement and relocation plan that adequately mitigates the impact of the closure or conversion upon the displaced residents; Requires the park owner to relocate the displaced residents to alternative housing, or to pay to them the "in place" market value of the displaced resident's mobilehome if he/she/they cannot be relocated to adequate replacement housing (i.e. a fair market value 'buy out'); Requires the park owner to pay for, and include in the CIR, an appraisal by a state-certified appraiser which determines the in- place market value of the displaced resident's mobilehome, if no relocation is possible.; and Prohibits local authorities from approving any closure or change of use unless they find that it will not result in or contribute to a shortage of affordable housing within the local jurisdiction. The local government agency must hold a public hearing to review the CIR and determine its sufficiency, and shall require management to pay the reasonable costs of relocation to displaced residents as a condition for obtaining various permits to convert the park and develop the land for another use. Usually this takes several hearings and a number of months. Actual relocation assistance afforded to residents is determined by the local government, usually the planning commission or a delegated committee or agency of the commission. Many local governments have enacted a mobilehome park closure or conversion ordinance which parallels the requirements of state law and fills in the details of the required mitigation assistance, whether an actual relocation of the mobilehome or a fair market value buy-out. Govt. Code §65863.7 establishes the minimum standard for local governments to follow, but does not prevent them from enacting more stringent measures. If the park is to be subdivided into individual parcels (where a conventional subdivision will replace the park) and where a tentative or final map is required, the local government may impose even more stringent relocation requirements. (Govt. Code §66427.4.) Any such ordinance is the final authority regarding any relocation assistance to which displaced mobilehome owners may be entitled. Recap: ● If no local permits are required for park closure or conversion, then the park must give residents at least 12 months advance written notice. ● If local permits are required for park closure or conversion, then the park must give residents 60 days notice of any local hearings, followed by a 60-day written notice once permits are approved. ● The park owner must prepare, serve and file a written Closure Impact Report ("CIR"), which is publicly reviewed and approved by the local government agency. ● The CIR must contain a relocation plan that mitigates the impact of the park closure or conversion upon the residents, which provides that if a resident cannot be relocated to adequate housing he/she/they shall be paid the in-place market value of their home pursuant to an appraisal prepared by a state-certified appraiser. ● The state Government Code establishes a minimum standard for local governments, which can enact their own more stringent requirements for conversion or closure ● No conversion or closure can be approved unless the local government finds that it will not result in or materially contribute to a shortage of affordable housing within the area. 2024 MRL FAQs 77 #26 Do mobilehome park rules prevail over state law? No. The park rental agreement and the park rules and regulations must be consistent with the MRL and other laws that apply in parks. For example, a park rental agreement or rule that provides the park may increase the rent with a 30-day notice to a homeowner who owns the mobilehome in the park would be in conflict with Civil Code Sec. 798.30, which provides that such a rent increase requires a 90-day notice. In this example, the MRL prevails over the conflicting park rule. Recap: ● State laws prevail over park rules. #26.1 Is the park manager responsible for distributing the Mobilehome Residency Law to every resident annually? Prior to February 1 of each year, if a significant change was made to the MRL, the park owner or manager shall provide all homeowners with a copy of the MRL, or provide written notice to all homeowners that there has been a change to the MRL and that homeowners may obtain a copy of the MRL from the management at no charge. Upon request of the homeowner, management must provide a copy within seven days. (Civi l Code §798.15(c)). NOTE: The management must provide a copy of the MRL only, as specified. The MRL is Civil Code 798-798.88. Management is not required to distribute the handbook published by the State Senate, casually referred to as “The MRL.” #26.2 When will the CA State Senate’s MRL handbook be translated? There is great demand for Spanish, Vietnamese and other languages. For many years, the State Senate translated the Mobilehome Residency Law (MRL) into Spanish. At one time the MRL was also available in Vietnamese. The last Spanish translation was done in 2012, and the last Vietnamese translation was done in 2007. Over the years, budget cuts have made it impossible to acquire updated translations. Since the MRL is in the public domain, communities may translate the MRL for their members #27 Do the protections of the MRL apply to all residents in mobilehome parks, or do they only apply to homeowners? Many of the most important provisions of the MRL expressly apply to homeowners only, such as the terms a nd receipt of written leases (Civil Code §§798.15 and 798.18-798.19.5), amendment procedures for rules and regulations (Civil Code §798.25), fees and charges (Civil Code §§798.30-798.39.5), evictions (Civil Code §§798.55- 798.56), and rental qualifications and procedures. On the other hand, issues dealing with a “community” of persons often include “residents”, such as management entry into mobilehomes or park spaces (Civil Code §798.26), vehicle removal (Civil Code §798.26.5), communications and right to a ssemble (Civil Code §§798.50- 798.52), and abatement of park nuisances, and injunctions for violating park rules (Civil Code §§798.87-798.88). Recap: ● It has been interpreted that key provisions of the MRL apply only to homeowners. #28 Is the new park management allowed to change rules on long-time residents or are these residents “grandfathered-in” under the old rules? Existing residents are not exempt from park rule changes. According to the MRL (Civil Code §798.25), the park can change a park rule and regulation as it applies to existing residents, after giving residents six-month’s notice of the change, or a 60-day notice if it involves changes in rules relating to the park’s recreational facilities, such as the swimming pool or recreational facilities within the clubhouse. The management must also meet and confer with park residents, at the residents’ request, upon a 6 -month notice regarding a change in park rules but is not bound to accept residents’ suggestions or requests regarding the rules. (Civil Code §798.25(b)) Recap: ● Existing residents are not exempt from park rule changes. ● A 6-month advance written notice is required for a rule change. ● A 60-day advance written notice is required if a rule change affects the common recreational facilities. #29 Can the park manager force rules on some residents and not on others? No. The MRL provides that the park rules and regulations have to be “reasonable.” (Civil Code §798.56(d)) “Reasonable” often may be subject to court interpretation, but normally rules have to have some rational basis in fact under the circumstances, as well as apply evenly to everyone residing in the park. Park owners and their employees are required to abide by park rules to the same extent as residents have to, except rules regarding age 2024 MRL FAQs 78 limits or acts of the park owner or park employee undertaken to fulfill park maintenance, management or operational responsibilities (making noise by pounding nails, use of trucks for maintenance purposes, etc.). (Civil Code Sec. 798.23) Recap: ● Park rules shall be applied evenly to everyone residing in the park. #30 Do residents have a say in the elimination of the retirement lifestyle promised when they moved in, and shouldn’t the park have facilities for kids if they convert to an all-age park? Senior residents who have leases that provide that the park is a “retirement” or “senior” park and provide for specific facilities may have a case against diminution of services agreed upon in the lease or rental agreement. The federal Fair Housing Amendments Act of 1988 prohibits discrimination against families with children in multiple residential housing but permits such housing, including mobilehome parks, to limit residency to seniors in one of two categories: 1) 55 and older, or 2) 62 and older, if the park meets certain minimum conditions. The major condition is that a minimum of 80% of the units are required to have at least one resident who is of age 55 or older. Federal law does not specifically address procedures for changing from a senior -only category to an all-age category, which in rental mobilehome parks under state law or by practice is often the sole decision of park management with a minimum notice. However, parks can lose their “senior” status if, upon a complaint, they fail to meet the statutory conditions, such as the 80% requirement. The law does not require parks or other multiple - residential housing complexes that convert to all-age to install playground or other facilities for children. Advocates of family housing have argued that such a requirement would drive up the cost of housing and discourage landlords from opening up restricted housing to families. Some local governments have imposed conditions on mobilehome park zoning or use permits by requiring parks that were developed as “senior parks”, to be maintained as “senior” unless otherwise approved by the city or county. It is not clear to what extent these local zoning or use permit requirements may conflict with the federal Fair Housing Amendments Act. Recap: ● Lease agreements that stipulate “senior” status and provide for specific senior amenities could be viewed as breached if the senior-status of the park is changed. ● Senior park status requires 80% of park units to have at least one resident 55 or older. ● The law does not require parks that are converted to “all-age” to install children’s recreational facilities. ● No federal law specifically addresses guidelines for changing from “senior” to “all-age”. #31 Is it legal for our all-age park to change back to a senior-only park? This is an issue that has changed over the years. Pursuant to the passage of the Federal Fair Housing Amendments Act in 1988, and the adoption of federal HUD regulations to carry out the Act, it was originally believed that multiple residential communities could not backtrack once they had decided to open up to an “all-age” status. However, under the Housing for Older Persons Act of 1995 (HOPA), which amended the 1988 Act, regulations established a transition period until 2000 to provide a mechanism for communities to become housing for older persons if they had abandoned or did not achieve such status before HOPA. Then, in 2006, HUD adopted a memo to clarify how communities that did not convert to housing for older persons before the 2000 transition period deadline could do so. If vacated spaces fill up with qualifying seniors (55 or older), and the park does not discourage or discriminate against younger people from buying available homes when these vacancies occur, the park can be “built back” to a senior status. However, this is difficult to achieve and few parks, once they become family parks, have been able to go back to a 55-or-older status. Recap: ● Reverting to a senior-only park is allowable, but rarely achievable. #32 What rights do residents with disabilities have? Residents with disabilities are entitled to be free from harassment and discrimination in all aspects of housing. They also have a right to reasonable accommodation in rules, policies, practices, or services related to housing. This normally takes the form of a change in an existing rule, policy, practice or service, such as allowing an assistive animal even though the current rental agreement has a “no pet” provision. Residents with disabilities are also permitted, at their own expense and with proper permits, to modify their dwellings, e.g., by building a ramp, to ensure full enjoyment of the premises. (Civil Code 798.29.6) Modifications require obtaining proper permits beforehand. For additional information, contact the state Department of Fair Emplo yment and Housing at (800) 2024 MRL FAQs 79 233-3212, or at www.dfeh.ca.gov. Recap: ● Disabled homeowners have the right to reasonable accommodations. ● Disabled homeowners are permitted to modify their own homes with proper permits. #32.1 I am a manager in a mobilehome park where an elderly resident is putting herself in danger. When I call her family, they are unresponsive. What do I do to make sure she and the other residents are safe from harm? Contact your county’s Adult Protective Services program. APS is a state-mandated program (Welfare & Institutions Code Sec. 15610.10) that provides evaluation and assistance for seniors (age 65 and older) and dependent adults (age 18-64 and physically or mentally impaired) who are reported to be unable to meet their own needs. APS agencies investigate reports of alleged victims endangered by physical, sexual or financial abuse, isolation, neglect, or self-neglect. Recap: ● Call county APS for assistance, evaluation and intervention. (See Community Resources, p. 83) #33 Can the government force park management to limit the number of people living in a mobilehome? The occupancy standard issue is difficult to solve. The issue has arisen at both the federal and state levels. Legislation has been considered but not enacted to create a “2 persons per bedroom plus 1” standard that is presently only a HUD guideline (e.g., if the home had 1 bedroom, the occupancy standard would be 3 persons; if the home had 2 bedrooms, the standard would be 5 persons, etc.). Proponents argue that occupancy standards are necessary to avoid overcrowding and unhealthy living conditions. Opponents contend that, especially in areas where the cost of housing is high, an occupancy standard may be interpreted as a form of discrimination against persons who can’t afford larger homes. Some cities have attempted to legislate occupancy standards, only to have their ordinances challenged in court. Mobilehomes usually have a design standard established by the manufacturer as the recommended occupancy for the size of the home. The park manager could try to establish an occupancy standard in the park rules based upon the design standard of each home or the HUD guideline, but the rule could possibly be subject to legal challenge. Recap: ● The HUD guideline (2 persons per bedroom, plus 1) is a design standard, not a law. #34 Does state law guarantee the park’s clubhouse to be open and available at reasonable hours? Yes. In parks that have clubhouses or meeting halls, the MRL requires the comm on facilities to be open and available at reasonable hours, which are to be posted. (Civil Code §798.24) Homeowners may hold meetings at reasonable hours and in a reasonable manner in the clubhouse -- when it is not otherwise in use -- for any lawful purpose, including homeowner association meetings and meetings with public officials or candidates for public office. (Civil Code §798.51) Recap: ● The park shall make the clubhouse available to residents at reasonable hours for lawful purposes. #35 Is it legal for parks to allow some residents to have pets and not allow others to have them? It depends on the terms of the rental or lease contract. The MRL permits pets in parks with certain limitations, such as one domesticated dog, cat, bird or aquatic animal (kept within an aquarium), subject to “reasonable” park rules. (Civil Code §798.33) However, persons who signed a rental agreement prior to January 1, 2001 with a provision prohibiting pets are bound to that provision until the rental agreement expires or is renewed. Persons moving into a park after January 1, 2001 would be allowed to have pets that conform to the park’s rules as to size, height, or weight of the pet, and in some instances breed (e.g. some parks prohibit big dogs, pit bulls and certain breeds with so-called aggressive tendencies). However, a person with a disability has the right to have an assistive animal as a reasonable accommodation for the disability when necessary to ensure equal opportunity to use and enjoy the housing. Recap: ● If the current rental agreement, with a “no pet” provision, was signed before 1/1/2001, then the resident is prohibited from having a pet. 2024 MRL FAQs 80 ● If the current rental agreement was signed after 1/1/2001, then the resident can have pets that conform to park rules. ● If the resident has a disability, then he/she may request an assistive animal as a reasonable accommodation for the disability. #35.1 There are many residents in the park who have multiple emotional companion pets, although the rest of us have to obey a strict pet rule. What are the laws on this? According to the California State Mental Health Services Authority, a “service” dog is trained to perform specific tasks to help a person with a physical or mental health disability; and an “emotional support (companion) animal” is an animal that provides comfort to a person with the mental health disability, without being trained to perform a specific task. The park owner may allow a “reasonable accommodation” for a service or companion animal if the animal does not pose a direct threat to other tenants, or physical harm to property. The owner of the service dog or companion animal is responsible for that animal, ensuring that it complies with local animal control laws and is not a danger or nuisance to the other residents in the park. The park manager may ask for a letter from the pet owner’s medical professional confirming the resident’s disability and stating why the support animal isneeded. For more information: California Department of Fair Employment and Housing (800) 884-1684; Disability Rights California (800) 776-5746 Recap: ● A park manager may ask for medical proof of need for the support animal. ● A “service dog” is trained to perform specific tasks. ● An emotional support (“companion”) animal is not a “service” animal. ● The owner of the support animal is liable for the animal’s behavior. #36 I manage a park where pets and other animals are getting out of control. Some residents’ dogs are aggressive toward other pets or residents, some residents feed feral cats, and some stray animals wander in packs. How do I solve these problems? Contact the city or county animal services department for assistance. Local government services include abatement or information on the following matters: barking/nuisance dogs, rodents, stray/feral, license/registration/microchip, dog bites, neglect/abuse, spay/neuter, and prohibited aggressive breeds. Also, according to California Code of Regulations, Title 25 (health and safety requirements for mobilehome parks), Article 2, Section 1114(a), “Dogs and other domestic animals, and cats (domestic or feral) shall not be permitted to roam at-large (free) in any park.” Finally, pet owners may be liable for damage or harm caused by their pets. Recap: ● Contact city or county animal control agency. (See Community Resources, p. 83) ● Pet owner may be legally liable for damage or harm caused by their pet. ● Feral animals are not pets. #37 Is management allowed to restrict parking and have residents’ cars towed? Residents or guests who park in fire lanes, or in front of park entrances or fire hydrants, can be towed without notice. Residents’ cars cannot be towed from their own parking space or driveway unless the vehicle does not conform to the park rules, in which case a 7-day notice is required. (Civil Code §798.28.5) However, if a vehicle presents a significant danger to the health and safety of residents, or is parked in another resident’s space and that resident requests it be removed, the vehicle could be towed without the 7-day notice. (Civil Code §798.25(b)(2)) The extensive provisions of Vehicle Code Sec. 22658 apply to both the management’s and tow company’s procedures in removal of the vehicle. Recap: ● Management may have cars towed without notice if the parked car violates the health and safety of residents. ● Management may have cars towed, upon request, if one resident’s car is parked in another resident’s space. ● A 7-day written advance notice is required if a parked car does not conform to park rules. ● A 7-day notice is not required if a resident parks their car in another resident’s space and the displaced resident requests the car be towed. #38 Can the park prevent residents from subleasing their mobilehome? Yes. Most mobilehome parks have rules that prohibit homeowners from subleasing their mobilehom es, even in 2024 MRL FAQs 81 hardship cases. However, in cases of seniors who require medical convalescence away from their homes, they may sublet for up to one year. (Civil Code §798.23.5) Recap: ● The park may prohibit a resident from subleasing. #39 Is it legal to place RVs on mobilehome spaces? It depends on the circumstances. When mobilehome parks were first constructed, designation as a park would normally have been made as a condition of city or county use permits or zoning requirements. Therefore, the city would have to enforce the conditions of the permit or zoning ordinance. The State Department of Housing’s Permit to Operate (PTO) reflects the number of mobilehome spaces and the number of RV lots. In the absence of local permit conditions though, a pre-1982 mobilehome park may allow RV’s and mobilehomes to be situated on mobilehome spaces, but only RV’s can be situated on RV spaces. In a mobilehome park developed after January 1, 1982, however, state law provides that mobilehome spaces shall not be rented for the accommodation of RVs unless they are in a separate area of the park designated for RVs and apart from the mobilehomes. Recap: ● In parks developed before 1982: If there are no local permit or zoning restrictions, then RVs andmobilehomes may occupy mobilehome spaces, but mobilehomes may not occupy RV spaces. ● In parks developed after Jan. 1, 1982: No RVs are allowed on mobilehome spaces unless the mobilehome space is in the RV section of the park. #40 Can the manager evict a homeowner’s caregiver from the park after the homeowner has died? It depends upon the circumstances. Generally, a caregiver – including a caregiver-relative – does not have the right to continue to live in the park even if he or she has inherited the mobilehome. The caregiver statute (Civil Code §798.34) recognizes that a senior homeowner has the right to have a caregiver, even someone who is 18 or older in a senior park, to assist them with medical needs under a doctor’s treatment plan, but the caregiver resident has no right of residency (Civil Code 798.34(c), (d)) and is considered a guest of the homeowner. Therefore, when the homeowner dies, the caregiver’s right to continue to live in the park normally ends. If, however, the caregiver was a party to the homeowner’s rental agreement, or had otherwise been accepted for co-residency by the park while the homeowner was alive, the park could not evict the caregiver after the homeowner’s death except for the same kind of reason they could have evicted the homeowner, such as failure to pay the rent. In either case, whether or not the caregiver has a right of residency in the park, if the caregiver inherits the home, he or she would have the right to resell it in place if they continue to pay the rent and fees and comply with other requirements of resale until the home is sold. (Civil Code 798.78) Recap: ● If the caregiver, or caregiver-heir is not listed on the rental or lease agreement, then they cannot assume they have inherited residency rights. ● The heir is responsible for rents and fees until the home is sold. #41 How do residents get the park owner to fix the failing utility systems? Contact the Department of Housing and Community Development (HCD) or local government, whichever has jurisdiction to inspect mobilehome parks. In more serious case s, residents may wish to consider legal counsel. Recap: ● Contact the code enforcement agency -- either state Dept. of Housing or local health department. #42 Is the park manager allowed to force residents to correct code violations to their homes and spaces before a scheduled inspection by the state Dept. of Housing? The state Department of Housing (HCD) operates a park inspection program with a goal of completing inspections in at least 5% of the parks in the state per year in order to assure that a reason able level of health and safety is maintained in those parks. The inspection includes the park common facilities, such as lighting, roads, clubhouse, utilities, and other facilities for which the park is responsible, as well as individual home site spaces, including the outside of the homes and accessory structures for which the homeowner is responsible. HCD inspectors do not go inside a home unless requested to do so by the homeowner. Citations for violations, depending upon how serious, 2024 MRL FAQs 82 must either be corrected as soon as possible or within 30 to 60 days. Inspectors have the authority to extend the deadline for compliance if the situation warrants it. Homeowners may appeal a citation to HCD if they feel it is unwarranted. (HCD does not have authority to assess fines against homeowners who do not comply.) Recap: ● The park manager may urge residents to correct code violations on the outside of their homes or on their spaces, or else the resident may risk citation by HCD. #43 Which government agency is responsible for enforcement of health and safety regulations in my park? In most cases, the state Department of Housing and Community Development has enforcement authority over mobilehome and RV parks. However, there are a few cities and counties that maintain code enforcement in their jurisdictions. View the “Mobilehome and Special Occupancy (RV) Parks listing” at www.hcd.ca.gov to find out which agency is responsible for code enforcement in your park. #44 What is the difference between the Mobilehome Residency Law (MRL) and Title 25? The MRL is the “landlord-tenant” law (Civil Code 798. et seq.) for mobilehome park residency, governing the rights of park residents. “Title 25”, a section of the California Code of Regulations, governs the health and safety aspects of a mobilehome park’s buildings, lot lines, and utilities infrastructure, to name a few. Find Title 25 at www.hcd.ca.gov. #45 Does the park manager have the right to tell me to remove my belongings that are stored on my space? The park manager has an obligation to keep the park safe from fire. According to California Code of Regulations, Title 25 (health and safety requirements for mobilehome parks), Article 2, Section 1120, “Occupants shall keep the lot area and the area under, around, or on their unit and accessory buildings or structures free from an accumulation of refuse, rubbish, paper, leaves, brush or other combustible material,” and that park operators “…shall ensure that a collection system is provided and maintained, with covered containers, for the safe disposal of rubbish.” Recap: ● There are strict fire prevention rules for mobilehome parks. Residents and park employees must comply with Title 25. #46 Can the park manager reduce or eliminate park services and amenities that resident have already been paying for? Yes, if the services or amenities are not guaranteed in a signed rental or lease agreement. However, if the services and amenities are part of a signed lease or rental agreement (Civil Code 798.15(f)), they may be eliminated with equal reduction in rent. Recap: ● The park management can reduce or eliminate park features if they are not agreed upon in a signed lease or rental agreement. #47 Can the park owner or manager move lot lines without permission from residents whose spaces are affected? Before moving a lot line, the management must obtain a permit (H&S Code Sec. 18610.5) from the state Department of Housing and Community Development and verify that t he park has obtained the consent of homeowners affected by the lot line change. However, in some older parks there are no markers or defined lot lines and no plot maps indicating where the lot lines should be. In cases where there is no documented evidence of original lot lines, HCD may not be able to determine that the lot line has been moved and that a permit is required. The issue then becomes a legal matter between the park management and the affected homeowners. Recap: ● A permit is required from the state Dept. of Housing before the park moves lot lines. ● In old parks with no official lot line maps, moving lot lines may require legal or regulatory oversight. #48 Can the park manager force residents to pay for maintenance or removal of a tree on their space and for maintenance of their driveway? It depends on the facts of the case. The “tree and driveway” issue has been subject to major debate for years. The 2024 MRL FAQs 83 park owner is responsible for maintenance or removal of a tree on the homeowner’s space only if it is a hazard or constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). (Civil Code §798.37.5) Homeowners may have to pay a fee for an inspection where there is a dispute between the park and the homeowner over the tree and where the homeowner requests an inspection by HCD or the local enforcement agency. Inspectors have wide discretion in this regard, and if the inspector does not find a violation, the homeowner may end up having to pay to remove the tree anyway. With regard to driveways, the park owner is responsible for maintenance unless the homeowner has damaged the driveway or the driveway was homeowner installed. Legal counsel has suggested, however, that Civil Code Sec. 798.37.5(c) seems to leave open the question whether a current homeowner is responsible for maintenance of a driveway installed by a prior homeowner, arguing that such a prior installed fixture belongs to the park. Recap: ● If the signed lease or rental agreement makes the homeowner responsible, then the homeowner must pay. ● If there is no stipulation of responsibility in the lease agreement, then the park is only responsible if it is a health and safety hazard. ● Driveways may be the responsibility of park unless the driveway was homeowner installed or damaged by the homeowner. #49 Is the mobilehome owner or the park owner responsible for correcting pre-existing code violations on the space? The mobilehome owner is responsible. (Civil Code 798.36). Although the park operator is ultimately responsible for assuring that all citations on park property are corrected, the law does not require the park operator to pay for code violations involving the home or space except in rare instances. The homeowner is primarily responsible for correcting any violations concerning the home or space on which he/she resides, including any pre -existing code violations after the sale of the home. This is one of the reasons that real estate disclosure was enacted in 2000 for mobilehome resales, although conditions not known to the seller cannot be disclosed. (Civil Code §1102.6d) Recap: ● The homeowner is responsible for correcting any code violations in or on their home, space and accessory structures, including pre-existing code violations. #50 Does a resident need a permit from HCD to remodel their home, even though all the changes and upgrades are on the inside? Homeowners need a permit from the state Department of Housing and Community Development (HCD). Only HCD, not local government, may issue permits for alterations of a mobile home’s structural, fire safety, electrical, plumbing or mechanical components. The two offices that handle such permits are: Northern California Area Southern California Area Field Operations Field Operations 9342 Tech Center Drive, #550 3737 Main Street, #400 Sacramento, CA 95826 Riverside, CA 92501 (916) 255-2501 (951) 782-4420 Recap: ● Permits are required. No exceptions. #51 Is there financial assistance available to residents for correction of code violations on their homes? Many local governments have rehabilitation or repair grants for low income homeowners, including residents or owners of mobilehomes, in some cases. This money is made available through the CalHome program, operated by HCD, to local governments and non-profit organizations, as part of two housing bond issues approved by state voters in recent years. However, application must be made through local government, and not all local jurisdictions have such programs. There are usually income and residency eligibility requirements. Additionally, some jurisdictions do not consider mobilehomes “real property” eligible for rehab funding or may have restrictions on the kinds of repairs that will be funded. Contact the county housing agency for information on availability and eligibility. Recap: ● The State passes money to the counties for home repair assistance to low-income mobilehome owners. Not all 2024 MRL FAQs 84 counties participate in this program. #52 The park owner is planning a “condo-conversion”. Will homeowners who can’t afford to either buy their lot, or pay the higher rents once the park loses rent control protection, be economically evicted? Not necessarily. A growing number of mobilehome park owners have been utilizing a special provision of the state's Subdivision Map Act to convert their parks to “resident owned condominiums” or “subdivisions”, thus exempting the converted parks from local rent control after the sale of the first lot. Condominium interests in mobilehome park spaces must be offered to renting homeowners, and low-income homeowners who cannot afford to buy can continue to rent their spaces under a statute which limits rent increases, including “pre - conversion” pass-through fees, to the Consumer Price Index or less. (Govt. 66427.5(f)(2)) However, non -purchasing residents who are not low-income lose rent control protection upon the conversion and may have their rents increased to higher “market levels”. The state’s Mobilehome Park Resident Ownership Program (MPROP) provides limited financial assistance to low-income residents to help them buy their interests in resident-owned condo parks, and some local governments may also have financing to assist some as well. Recap: ● Low-income renters keep rent control protections. ● Low-income buyers may qualify for state and local financial assistance. #53 Is the park owner required to offer residents the right -of-first-refusal to buy the park when it is put up for sale? No. Although the MRL provides that the park management must give the governing board of the park homeowners association a 30-day written notice of the park owner’s intention to offer or list the park for sale, the notice is not a “right of first refusal,” does not apply to sales other than to offers or listings initiated by the park owner, and is only applicable if certain conditions are met. (Civil Code §798.80) In order to receive the notice, residents must form a homeowners association for the purpose of buying the park and register with the Secretary of State. The homeowners association must notify the park each year of the residents’ interest in buying the park. The notice requirement does not apply to the sale or transfer of the park to corporate affiliates, partners, or relatives, or transfers triggered by gift, devise, or operation of law, eminent domain, foreclosure, or transfers between joint tenants or tenants in common. Recap: ● When selling the park, the park owner is not required to make the first offer to the homeowners’ association. ● The homeowners’ association may notify the park if it is interested in buying the park but it does not have the right of first refusal. #54 Which state laws regulate the operation of non-profit resident owned parks – the MRL, the Mobilehome Parks Act, the Non-Profit Mutual Benefit Corporation Law, or the Davis-Stirling Common Interest Development Act? All these laws may apply, but whether they do in a particular park depends upon the circumstances in each case and may require consultation with an attorney. Therefore, the following answer is only intended to have general application: Mobilehome Residency Law (MRL). For a resident-owned park, Article 9 of the MRL, governing the relationship between residents and the park management (Civil Code §799 et. seq.), applies only to residents who have an ownership interest in the park, while Articles 1 through 8 (Sections 798 – 798.88), relating to rental parks, apply to any non-owning residents who continue to rent or lease their spaces in a resident-owned park. However, if the park is a non-profit mutual benefit corporation and no subdivision declaration or condominium plan has been recorded then Articles 1 through 8 apply to the owning residents in the park. Mobilehome Parks Act (Health & Safety Code 18200-18700). The MPA governs health and safety (building) code requirements for both rental parks and resident-owned parks that were converted from formerly rental parks, but the MPA in most cases does not apply to resident-owned parks that were originally developed as manufactured housing subdivisions or communities under local development standards, not rental parks. Non-Profit Mutual Benefit Corporation Law (Corp. Code §7110, et. seq.). This law applies to a non-profit corporation which is a homeowners association that operates or governs a multiple residential community for the mutual benefit of the members of the association. However, the Corporations Code does not apply to unincorporated homeowners associations that operate such communities, of which there are estimated to be but a few. 2024 MRL FAQs 85 Davis-Stirling Common Interest Development Act (Civil Code 4000-6150). This Act defines and regulates common interest developments (CIDs), including many resident-owned parks. In order to be a CID subject to the requirements of the Davis-Stirling Act, the park must 1) have a common area or common areas (such as roads, a club house, or other commonly used facilities) in addition to individual interests or residences, and 2) file with the county recorder a declaration of intent to create a CID along with a condominium plan, if applicable, or a final map or parcel map, if applicable, for the CID. In most cases where a resident-owned park is a condominium, planned unit development (PUD), or subdivision, the Davis-Stirling Act will apply. However, non-profit stock cooperatives or other resident-owned parks that are not subdivisions or condominiums may also be subject to the Davis-Stirling Act if a simple declaration creating the CID is recorded. Without the recording of such a declaration, however, the Davis-Stirling Act does not apply. Recap: ● Different laws apply depending upon the form of ownership. Check with an attorney. #55 Is a mobilehome park cooperative subject to the Davis-Stirling Act? The Davis-Stirling Act was specifically designed to apply to housing cooperatives, and in many cases it will be clear that the Act applies to those cooperatives. However, there will be some cases where the answer may be unclear. There is no doubt that a cooperative can be a common interest development ("CID") that is governed by the Act. The term "common interest development" was defined to include "stock cooperatives." (Ciil Code §4100(d)) A stock cooperative is a kind of CID where a corporation owns all of the real property and shareholders have a right of exclusive occupation of part of the property (i.e., a designated lot). [See Civil Code §4190 (defining "stock cooperative").] However, there is a potential technical complication. The law also says that before any housing association may be considered a CID governed by the Davis-Stirling Act, it must also have recorded a "declaration." (Civil Code §4200) If a mobile home community fits the definition of a "stock cooperative" and has a recorded declaration (as specified in Civil Code Section 4250), then it is nearly certain that it is governed by the Davis -Stirling Act. But if a stock cooperative does not have a recorded declaration that satisfies Section 4250, then there is an unanswered legal question about whether the Act applies. Recap: ● A co-op can be a CID that is governed by Davis-Stirling, however, not all cases are clear. See an attorney. #56 Where can our HOA board find a copy of the original articles of incorporation? Contact the California Secretary of State’s division of Business Programs at (916) 657-5448. Or, search online at sos.ca.gov, under the heading “Business Programs” to request copies. #57 Our HOA board may be violating CID laws. Is there an agency that enforces the law? There is no regulatory agency that enforces the statutes (Business & Professions Code, Civil Code, etc.) related to homeowners’ governing boards. However, the California State Attorney General's office provides some enforcement of portions of the Corporations Code related to HOA governing boards. Depending on the nature of the problem, seek the advice of a private attorney, contact your lo cal district attorney's office or bring your case to small claims court. Recap: ● Search the website of the Attorney General’s Office (oag.ca.gov) for more information. ● Contact the county Small Claims Court advisor for more information. (See Community Resources, p. 83) #58 What can residents do about park managers who act unprofessionally? There are no state mandated qualifications to be a mobilehome park manager. Many are good managers, however a few lack professional training and oversight. The MRL gives residents certain rights, but when contentious issues have to be resolved, residents have a right to contact legal advocacy groups that will assist them in assessing and achieving a solution to the problem. Recap: ● Contact local or state fair housing commission for counsel and assistance. ● Contact the county Small Claims Court advisor for more information. 2024 MRL FAQs 86 #59 What good is the MRL if there is no enforcement and residents have to go to court to protect themselves? The MRL – the landlord-tenant law for mobilehome parks -- is part of the Civil Code. The enforcement mechanism is through the civil courts, not law enforcement or another government agency. The courts are a branch of government responsible for, among other aspects, resolving or ruling on civil disputes. Recap: ● The MRL is enforced through the courts. ● Contact local legal services for assistance. ● Contact the county Small Claims Court advisor for more information. (See Community Resources, p. 83) #60 How can residents find-out who owns and operates the park? The manager shall provide the name and address of the park owner to residents who request it. (Civil Code §798.28) Also, listings of park owners/operators can be found on the state Department of Housing’s (HCD’s) Mobilehome and RV Parks Listing website. Recap: ● For the name of the park owner or operator, search online at www.hcd.ca.gov. #61 Does the law require a manager to be on the premises at all times in case of emergencies? Not exactly. State law requires a manager or his/her designee to reside in parks with 50 or more spaces, but does not require them to be on the premises 24 hours a day. (Health and Safety Code §18603) It also requires a person to be available by phone, pager, answering machine or answering service, and to reasonably respond in a timely manner to emergencies concerning the operation and maintenance of the park. The agency responsible for enforcement of park health and safety requirements is either local government or HCD. Recap: ● The park manager does not have to be on the premises 24 hours a day. ● Parks with less than 50 spaces do not require a manager to live on the premises. ● The park manager does have to be available by phone or other communication device to respond to health and safety emergencies affecting the park. #62 Does the park manager have the right to enter the resident’s lot without notice? The MRL provides that the park manager has the right to enter the lot at reasonable times and in a manner that does not interfere with the resident’s “quiet enjoyment” for the purpose of maintaining utilities, trees and driveways, protection of the park, and for maintenance of the premises where the resident has failed to maintain them in accordance with the park rules. (Civil Code §798.26) The MRL does not require the manager to give the resident a notice for this purpose. However, the manager does not have the right to enter the home or enclosed accessory structure without prior written consent of the homeowner, except in an emergency or where the resident has abandoned the home. (Civil Code §798.26(b)) Recap: ● Park manager may enter private lots under reasonable circumstances, as defined in the MRL. ● Park manager cannot enter the home or enclosed accessory structures without prior written consent of the homeowner. #63 Can the resident be forced to move their home out of the park when they sell it just because the home is old? If the home is NOT a mobilehome (less than 8 feet wide x 40 feet long) and is therefore classified as a recreational vehicle (trailer), the resident has no right to sell it in place and will have to move it. With regard to mobilehomes, the MRL (Civil Code §798.73) establishes two standards. Basically, the home cannot be required to be removed upon a resale if it is 1) more than 17-20 years old or older but meets health, safety and construction standards of state law, and 2) not in substantially rundown condition or disrepair, as determined in the reasonable discretion of management. If the management and resident disagree on the condition of the home, the resident may decide to hire a private home inspector to look at the home and repair any code violations or defects the inspector finds in his/her report. HCD inspectors no longer perform this function in most cases, although some local governments that perform mobilehome park inspections for the state may be willing to perform an inspection, for a fee. Recap: ● RV and trailer owners may be forced to move their coach out of the park when they sell it. 2024 MRL FAQs 87 ● Mobilehomes are allowed to stay in the park after they are sold if they meet certain health and safety standards. #63.1 I own a mobilehome park where there are many abandoned homes. Can I sell them without registering as a real estate agent? Generally, the answer is “no”. First, in order to act as an agent between a seller or buyer of a used mobilehome or manufactured home, you either must be registered with HCD as a “manufactured home dealer” or with the Bureau of Real Estate as a licensed real estate agent. Acting as an unlicensed dealer or agent can result in criminal penalties, civil penalties, and citations of up to $2,000 for each illegal sales activity. The only exception to this is if the prior residents/homeowners have “walked away” from the homes, a park owner may sell them if he/she first obtains the right to ownership through a court action for the judgment of abandonment (Civil Code Section 798.61) or after a warehouse lien sale (Civil Code Section 798.56a). After that, if the park owner intends to rent, sell or salvage the units, the park owner must go to HCD and transfer title to his or her name, which includes paying all property taxes or HCD fees that are owed. HCD also has special procedures for when the prior registered owner cannot be found or when there are unpaid or unsatisfied loans on the home. Only after registering as the new owner may the park owner (who is now the homeowner) rent, sell, or salvage the abandoned homes. Recap: ● Only HCD-licensed dealers or BRE-licensed real estate agents may sell used manufactured homes in a park. Exception: When previous owner has “walked away”, park owner must follow legal procedures governing judgment of abandonment or warehouse lien sale. ● It is illegal for anyone to sell, rent, or salvage a manufactured home that is not registered in his or her name. #64 Can the resident be forced to move their park-model out of the park after they sell it? Even though it may look like a small home, a park model is not a mobilehome. It is a “park trailer,” as defined in the Health and Safety Code, which is essentially a type of recreational vehicle that has 400 square feet or less of floor space. A number of mobilehome parks in California accommodate both mobilehomes or manufactured homes, as well as recreational vehicles, but provisions of the MRL that require parks to allow homeowners to resell their homes in place in the park only apply if the home is a mobilehome or a manufactured home. Recap: ● A park-model is not a mobilehome, therefore the resident may be forced to move a park-model out of the park when it is sold. #65 Can the park’s income requirements on prospective buyers prevent a resident from selling their home? Yes. The sale of a mobilehome located in a mobilehome park is a three -party, not two-party transaction. The buyer and seller must not only agree to the terms of the sale of the home, but the buyer must be approved for residency in the park by the park owner/management. Management can withhold approval on the basis of: 1) the buyer’s inability to pay the rent and charges of the park, and 2) the buyer’s inability to comply with park rules and regulations as indicated by prior tenancies (see Civil Code §798.74). Although guidelines used by other landlords or public agencies for rental housing may be more lenient, many park owners impose higher income requirements to assure buyers will be able to afford future rent increases without causing the park problems, such as evictions. Recap: ● A prospective buyer must be approved for residency by the park manager/owner. ● A prospective buyer can be rejected if they don’t meet the income standards for the park. #66 Can the park prevent a resident from living in a mobilehome they inherited? Yes, unless the resident qualifies for residency and has signed a rental agreement. Upon death of a homeo wner, heirs cannot simply assume they can move into the decedent’s home or continue to live there if they are not already a party to the rental agreement. Despite the fact that an heir takes title to the mobilehome, the park management has the right to require an heir, or person who had been living with the resident, to newly apply for residency in the park. If the management rejects the heir’s residency because the heir cannot comply with the rules or doesn’t have the income to pay the rent and charges, the heir can be required to move out. The heir has the right to resell the inherited mobilehome in place in the park (Civil Code 798.78(a)), assuming it meets health and safety code requirements (Civil Code. 798.78(b)), but must continue to pay the monthly s pace rent until the home is sold in order to maintain the right to sell it in place in the park. Otherwise, the park may terminate the 2024 MRL FAQs 88 tenancy and require the home to be moved from the park within 60 days of the notice of termination. (Civ. 798.73) Recap: ● The heir of a mobilehome cannot assume he/she has residency rights if he/she has not been on the rental agreement. ● The heir has the right to sell the mobilehome in-place, as long as it meets health and safety requirements. ● The heir must continue to pay rent and fees as long as he/she owns the home in the park. #67 How do I change or add a name on the title to my mobilehome? Contact the state Department of Housing and Community Development’s Registration and Titling division at (800) 952-8356. #68 I don’t have the title to my mobilehome. Where can I get a copy? Every mobilehome owner must have a copy of the current registration for their home. (Health & Safety Code §18080.4) Contact the state Department of Housing and Community Development’s Registration and Titling division at (800) 952-8356 for assistance, or search hcd.cd.gov. #69 Do residents have to provide a resale disclosure statement when they sell their mobilehome as-is? As a measure of consumer protection, mobilehome resale disclosure (Civil Code §1102.6d) became effective in January 2000, making mobilehome sellers and their agents responsible for providing prospective buyers, by close of escrow, with a resale disclosure statement. The form requires the seller to check off a list of conditions or d efects that may affect the value or condition of the home. The seller is not subject to a penalty or fine for failing to provide the disclosure to the buyer, and the fact that disclosure was not made does not invalidate the sale of the home. However, after purchasing the home, if the buyer discovers defects that were not disclosed by the seller, the fact that the disclosure statement was not provided could affect the outcome of the seller’s civil liability in court for the defect. Real estate brokers and dealers are also subject to the disclosure requirements and sales agents almost always include the disclosure report. The state Dept. of Housing (HCD) is not required to notify selling homeowners. Recap: ● Sellers are advised to provide a resale disclosure form, even on “as-is” sales, to avoid possible liability after the sale. (Civil Code 1102.1(a)) #70 Can the manager force a resident to first offer their home for sale to the park? It depends on the rental agreement. The MRL provides that a park rental agree ment entered into on or after January 1, 2006, shall not include a provision or rule or regulation requiring homeowners to grant the park the right of first refusal to buy their homes on resale. (Civil Code §798.19.5) Hence, if the homeowner entered into a lease on or after January 1, 2006, or is on a month-to-month tenancy, the park could not enforce a right of first refusal to buy the home. However, homeowners may be subject to such a park right of first refusal if they signed a long -term lease with such a provision before January 1, 2006, and that lease has not yet expired. Additionally, the law does not prevent a homeowner and the park from entering into a separate agreement, apart from the lease, for the right of first refusal where the homeowner obtains consideration or compensation from the park for that right. Recap: ● Check the rental or lease agreement for details on whether the park has the right of first refusal to buy the mobilehome. #71 What are the rights of a resident whose new manufactured home has defects? New mobilehome or manufactured home warranty complaints must be filed in writing with the dealer and manufacturer within the warranty period, by law, one year and ten days from the date of delivery or occupancy, whichever is earlier. This is necessary in order to preserve the purchaser’s rights under the warranty should litigation or a state Department of Housing (HCD) investigation not commence until after the warranty has expired. Accessories that were purchased with the home as a package are normally covered by the warranty. An installation problem may complicate warranty complaints. If the home was installed by a licensed contractor as arranged by the dealer, both the dealer and contractor may be responsible. If the homeowner hired the ins taller independently from the dealer sale, there may be an issue of whether the problem with the home results from faulty installation, and thus is only the responsibility of the installer, or results from manufacturing defects. If the dealer or manufacturer does not satisfactorily respond within a reasonable period of time after filing the complaint with 2024 MRL FAQs 89 them, the homeowner should contact HCD’s Office of the Mobilehome Ombudsman (800-952-5275) about filing a dealer complaint. Complaints about licensed contractor installers should be addressed to the Contractors State Licensing Board (800-321-2752 or www.cslb.ca.gov). Recap: ● A warranty is good for 1 year and 10 days after date of delivery or occupancy. ● If the home was installed by an independent contractor, then problems may occur with identifying who is liable for defects. #72 Who can I contact if I believe my mobilehome park manager/owner is violating my mobilehome residency rights? Currently, if you believe a violation of the Mobilehome Residency law has occurred, enforcement is limited to the court system, i.e. via either local small claims or superior courts; the latter often requiring that a lawyer be hired by the homeowner. Beginning July 1, 2020 the Mobilehome Residency Law Protection Act establish a new enforcement system that is administered by HCD for violations of the Mobilehome Residency Law. HCD shall provide assistance in taking and helping to resolve and coordinate the resolution of those complaints. All complaints shall be reviewed, with the most egregious being referred by HCD to local nonprofit legal aid offices for enforcement at no cost to the homeowner. If multiple complaints are received involving the same park manager/owner they will be consolidated to a single investigation. HCD will provide you with a letter confirming receipt of each filed complaint which references the provisions of the Mobilehome Residency Law that pertain to the complaint. In evaluating a complaint HCD may request that the park owner furnish a copy of any relevant d ocuments within 15 days, and can fine a park owner who fails to comply $250.00 for each such failure. If HCD selects a complaint for enforcement, both the homeowner and the park owner will be notified and given 25 days to negotiate and resolve the matter before it is referred to a local legal provider for enforcement. Any alleged health and safety or Title 25 violations shall continue to be handled by HCD as is currently the case. For questions regarding the MRLPP call (800) 952-8356, email MRLComplaint@hcd.ca.gov or visit www.hcd.ca.gov . Recap: ● The court system is the only current way to enforce violations of the Mobilehome Residency Law, while HCD handles Title 25 Health and Safety violations. ● Mobilehome Residency Law Protection Act enables HCD to receive and evaluate complaints re: MRL violations for possible local law office enforcement. Multiple complaints it will be condensed into a single investigation. ● There is no cost to the homeowner if legal action is taken by local legal enforcement. ● HCD shall review all complaints and send the complainant a confirming receipt referencing the applicable MRL provision(s). ● Only the most egregious complaints shall be referred by HCD for legal enforcement. ● Selected complaints first require a 25-day period for informal resolution by the parties. ● For questions regarding the MRLPP call (800) 952-8356, email MRLComplaint@hcd.ca.gov or visit www.hcd.ca.gov See resource guide on page 83 for local resources. 90 ADULT PROTECTIVE SERVICES (APS) is a state-mandated program dedicated to maintaining the health and safety of elders (65 years of age and older) and dependent adults (between the ages of 18 and 64 who are disabled) when these adults are unable to meet their own needs, such as self-neglect. See cdss.ca.gov for more information. ANIMAL SERVICES: Animal services and enforcement agencies offer information and assistance on the following: sick/injured, barking/nuisance dogs, rodents, stray/feral, license/registration, dog bites, neglect/abuse, spay/neuter, aggressive breeds prohibition. For residents living within city limits, contact cities directly. COMMUNITY ACTION PARTNERSHIP: Each county participates in the State of California’s community services grants program. Some services offered are for food/nutrition, health, home weatherizing, housing, rent assistance, senior services, and utility payment assistance. DIAL 2-1-1: 2-1-1 California is the statewide network of local information and referral providers, and is a collaboration of the CALIFORNIA ALLIANCE OF INFORMATION AND REFERRAL SERVICES (CAIRS) and UNITED WAYS OF CALIFORNIA. Not all areas have a local 2-1-1 service provider. DIAL 3-1-1: This number provides access to non-emergency municipal (government) services. Not all areas have a 3-1-1 service provider. HOUSING PROGRAMS: Some counties (not all) offer rent assistance (Section 8), mobilehome rehabilitation grants or loans, and utilities payment assistance. WEIGHTS & MEASURES departments will inspect the accuracy of individual residential utility meters. LEGAL RESOURCES: Some (not all) legal services organizations handle Mobilehome Residency Law. Small Claims Court Advisory offices assist in claims for contract disputes, landlord/tenant disputes, personal injury, property damage, theft, trespass, nuisance, etc. SOCIAL SERVICES/PUBLIC ASSISTANCE: Most counties (and some non-profit organizations) provide services, grants and vouchers for medical care, food, in-home care, emergency housing, etc. VETERANS SERVICES: Some veterans may be eligible for mobilehome loans, or grants to adapt a home for service-related disabilities, and other services. Also, see calvet.ca.gov. COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES ALAMEDA Dial 211 acgov.org Housing Authority (510) 538-8876 Animal Services/Sheriff (925) 803-7040 Community Action Partnership (510) 238-2362 Weights & Measures (510) 268-7343 Bay Area Legal Services (510) 250-5270 or (800) 551-5554 Alameda County Bar Association (510) 302-2222 Legal Services of No. California (530) 823-7560 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (510) 272-1393 Adult Protective Services (510) 577-3500 Area Agency on Aging (800) 510-2020 (510) 577-3530 United Way (530) 241-7521 Fremont (510) 795-2686 Hayward (510) 265-8271 Livermore (510) 577-3546 Oakland (510) 577-3545 (510) 763-3904 COMMUNITY RESOURCES 2021 91 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES ALPINE Housing Assistance Program Senior Legal Hotline Adult Protective Services See Sonora (209) 588-2600 (209) 557-2000 (800) 222-1753 (888) 755-8099 alpinecountyca.gov Animal Services/Sheriff Legal Services of No. California Area Agency on Aging (530) 694-2231 (530) 823-7560 (209) 532-6272 Community Action Partnership (800) 660-6107 Social Services (760) 873-8557 Small Claims Court Advisor (530) 694-2235 Weights & Measures (530) 694-2113 See El Dorado County AMADOR Housing Assistance Program (209) 557-2000 Senior Legal Hotline (800) 222-1753 Adult Protective Services (209) 223-6550 Jackson (209) 267-5764 co.amador.ca.us Animal Services/Enforcement (209) 223-6378 Legal Services of No. California (530) 823-7560 (844) 835-3685 Area Agency on Aging Community Action Partnership Small Claims Court Advisor (209) 223-0442 (209) 223-1485 (209) 257-2603 Social Services Weights & Measures (209) 223-6650 (209) 223-6831 (844) 835-3685 United Way (916) 368-3000 BUTTE Housing Authority (530) 895-4474 Legal Services of No. California (530) 345-9491 or (800) 345-9491 Adult Protective Services (800) 664-9774 Chico (530) 891-2759 Dial 211 Animal Services/Enforcement (530) 891-2907 Chico Senior Legal Hotline (800) 222-1753 Area Agency on Aging (530) 898-5923 buttecounty.net (530) 538-7409 Oroville Community Action Partnership Small Claims Court Advisor (530) 532-7015 Oroville (800) 499-9189 (530) 879-3845 Chico (530) 712-2600 (530) 532-7024 Chico Social Services Weights & Measures (877) 410-8803 (530) 891-2756 United Way (530) 241-7521 CALAVERAS Housing Assistance Program Legal Services of No. California Adult Protective Services San Andreas (209) 754-6624 (209) 557-2000 (530) 823-7560 (209) 754-6452 calaverasgov.us Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (209) 754-6509 (800) 222-1753 (209) 532-6272 Community Action Partnership Small Claims Court Advisor Social Services (209) 754-6452 (209) 754-1443 (209) 754-6460 Weights & Measures United Way (209) 754-6504 x3 (209) 572-2255 92 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES COLUSA Regional Housing Authority Legal Services of No. California Adult Protective Services Colusa (530) 458-0494 (530) 671-0220 (530) 345-9491 (seniors only) (530) 458-0280 countyofcolusa.org Animal Services/Enforcement (800) 345-9491 Area Agency on Aging (530) 458-0229 Senior Legal Hotline (530) 898-5923 Community Action Partnership (800) 222-1753 (530) 458-0250 Colusa (530) 934-6514 Small Claims Court Advisor Health & Human Services Weights & Measures (530) 458-0602 (530) 458-0280 (530) 458-0580 CONTRA COSTA Housing Authority (925) 957-8045 Contra Costa Senior Legal Services (510) 374-3712 Adult Protective Services (925) 646-2854 Brentwood (925) 313-1481 Danville (925) 313-1381 Dial 211 Animal Services/Enforcement (925) 335-8300 Bay Area Legal Services (510) 250-5270 Area Agency on Aging (925) 229-8434 Martinez (925) 313-1481 Richmond (510) 374-3241 co.contra-costa.ca.us Community Action Partnership (877) 505-4630 (925) 219-3325 (800) 551-5554 Social Services (925) 313-1778 Weights & Measures Senior Legal Hotline United Way (925) 646-5250 Main (800) 222-1753 (415) 808-4300 (925) 427-8610 Knightsen Small Claims Court Advisor (925) 686-6900 DEL NORTE co.del-norte.ca.us Crescent City Housing Authority (707) 464-9216 Animal Services/Enforcement (707) 464-7235 Community Action Partnership (707) 464-3069 Weights & Measures (707) 464-7235 Legal Services of No. California (707) 445-0866 (800) 972-0002 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (707) 464-8115 Adult Protective Services (707) 464-3191 Area Agency on Aging (707) 442-3763 (707) 464-3191 Crescent City Social Services (707) 464-3191 United Way (707) 443-8637 Crescent City (707) 464-5534 EL DORADO Housing Authority Legal Services of No. California Adult Protective Services Placerville (530) 621-5892 (530) 621-6300 (530) 823-7560 (530) 642-4800 So. Lake Tahoe (530) 573-3134 edcgov.us Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (530) 621-5795 (800) 222-1753 (530) 621-6150 Community Action Partnership Small Claims Court Advisor Social Services (530) 621-6150 (530) 621-5867 Cameron Park (530) 642-7300 Placerville Weights & Measures (530) 573-3075 So. Lake Tahoe (530) 573-3200 So. Lake Tahoe (530) 621-5520 Placerville (800) 815 2947 United Way (916) 358-3555 x5520 ED Hills (916) 368-3000 (530) 573-7955 x5520 So. LT 93 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES FRESNO Fresno Housing Authority (559) 443-8400 California Rural Legal Assistance Fresno (559) 441-8721 Adult Protective Services (559) 600-3383 Fresno (559) 600-5436 Dial 211 Animal Services/Enforcement (559) 600-3357 Senior Legal Hotline (800) 222-1753 (800) 418-1426 Area Agency on Aging co.fresno.ca.us Community Action Partnership (559) 263-1000 Small Claims Court Advisor (559) 457-2174 (559) 600-4405 Social Services Weights & Measures (855) 832-8082 (559) 600-7510 United Way (559) 244-5710 GLENN Housing Authority Legal Services of No. California Adult Protective Services Willows (530) 934-6524 (530) 895-4474 (530) 345-9491 (530) 865-6164 countyofglenn.net Animal Services/Sheriff (800) 345-9491 Area Agency on Aging (530) 934-6431 Senior Legal Hotline (530) 898-5923 Community Action Partnership (800) 222-1753 Health & Human Services (530) 934-6510 Small Claims Court info (530) 934-1421 Weights & Measures (530) 934-7114 United Way (530) 934-6501 (530) 241-7521 HUMBOLDT Housing Authority (707) 443-4583 Legal Services of No. California (707) 445-0866 Adult Protective Services (707) 476-2100 Eureka (707) 445-7341 Dial 211 Animal Services/Enforcement (707) 441-4144 (800) 972-0002 Senior Legal Hotline (866) 527-8614 (707) 445-7715 after hours humboldtgov.org Community Action Partnership (707) 269-2001 (800) 222-1753 Small Claims Court Advisor Area Agency on Aging (707) 442-3763 Weights & Measures (707) 445-7256 Social Services (707) 441-5260 x0 (877) 410-8809 United Way (707) 443-8637 IMPERIAL Housing Authority California Rural Legal Assistance Adult Protective Services El Centro (442) 265-3201 (707) 351-7000 (760) 353-0220 (760) 337-7878 co.imperial.ca.us Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (760) 339-6291 (800) 222-1753 (760) 339-6450 Community Action Partnership Small Claims Court Advisor Social Services (760) 370-5100 (760) 482-2271 (760) 337-6800 Weights & Measures United Way (760) 482-4314 (760) 355-4900 94 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES INYO Housing Assistance Program Senior Legal Hotline Adult Protective Services Bishop (760) 873-7850 (209) 557-2000 (800) 222-1753 (760) 872-1727 inyocounty.us Animal Services/Enforcement Small Claims Court Advisor (800) 841-5011 (760) 938-2715 (760) 872-4444 Area Agency on Aging Community Action Partnership (760) 873-6364 (760) 873-8557 Health & Human Services Weights & Measures (760) 873-7868 (760) 873-7860 (866) 398-7134 KERN Housing Authority (661) 631-8500 California Rural Legal Assistance (661) 725-4350 Delano Adult Protective Services (661) 868-1006 Bakersfield (866) 218-5367 Dial 211 Animal Services/Enforcement (661) 868-7100 (661) 845-9066 Lamont Central California Legal Services (800) 277-7866 Area Agency on Aging co.kern.ca.us Community Action Partnership (661) 336-5236 (559) 570-1200 or (800) 675-8001 Greater Bakersfield Legal Assistance (661) 868-1000 Human Services Weights & Measures (661) 325-5943 (661) 631-6000 (661) 868-6300 Senior Legal Hotline United Way (800) 222-1753 (661) 834-1820 Small Claims Court Advisor (661) 868-2532 KINGS Housing Authority (559) 582-2806 Senior Legal Hotline (800) 222-1753 Adult Protective Services (559) 582-3241 Hanford (559) 852-2669 Dial 211 Animal Services/Enforcement (559) 584-9214 Small Claims Court info (559) 582-1010 Hanford (800) 289-9981 (866) 582-8776 Hotline countyofkings.com Community Action Partnership (559) 582-4386 (559) 582-4095 Avenal (559) 992-5193 Corcoran Area Agency on Aging (559) 623-0199 Weights & Measures Human Services Agency (559) 582-3211 x2830 (559) 582-3241 (877) 410-8813 United Way (559) 584-1536 95 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES LAKE co.lake.ca.us Housing Commission (707) 995-4200 Animal Services/Enforcement (707) 263-0278 Community Action Partnership (707) 467-3200 Weights & Measures (219) 755-3680 Legal Services of No. California (707) 462-1471 (877) 529-7700 toll free Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (707) 994-6598 Adult Protective Services (707) 995-4680 (888) 221-2204 Area Agency on Aging (707) 262-4517 (707) 995-4200 Lower Lake Social Services (707) 995-4200 Clearlake (707) 995-7200 Lakeport (707) 263-2384 United Way (707) 462-4483 LASSEN Community Development Dept. Legal Services of No. California Adult Protective Services Susanville (530) 251-8192 lassencounty.org (530) 251-8269 Animal Services/Enforcement (530) 257-9200 Community Action Partnership (530) 283-2466 Weights & Measures (530) 251-8110 (530) 241-3565 (800) 822-9687 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (530) 251-8353 (530) 251-8158 Hotline (530) 257-6121 after hours Area Agency on Aging (530) 842-1687 Health & Social Services (530) 251-8158 United Way (530) 241-7521 LOS ANGELES Housing Authority (323) 890-7400 Alternate Dispute Resolution (213) 974-5425 Adult Protective Services (877) 477-3646 Main (213) 744-4825 Dial 211 Animal Services/Enforcement (562) 728-4882 Dispute Resolution Program (213) 738-2621 Area Agency on Aging (213) 738-4000 (City) Chatsworth (818) 576-0201 Culver City (310) 641-0326 lacounty.gov Community Action Partnership (213) 744-7333 Legal Aid Foundation of L.A. (323) 801-7906 or (800) 399-4529 (213) 738-4004 (County) (800) 510-2020 Lancaster (661) 974-8842 (661) 726-4410 (562) 908-4800 Legal Services of L.A. County Public Social Services Gardena (310) 767-1221 Weights & Measures (800) 433-6251 (877) 481-1044 Long Beach (562) 826-8000 x4657 (626) 575-5471 Arcadia Senior Legal Hotline United Way L.A. (213) 253-2677 x4605 (562) 622-0402 South Gate (800) 222-1753 (213) 808-6220 (310) 478-3711 x48659 Small Claims Court Advisor (310) 478-3711 x48425 (800) 593-8222 North Hills (818) 892-9227 Unlawful Detainer (evictions) Rancho Dominquez (310) 761-2221 (213) 974-6135 Sepulveda (818) 891-7711 x9146 West Covina (626) 813-3402 96 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES MADERA Housing Authority California Rural Legal Assistance Adult Protective Services Madera (559) 675-7766 (559) 674-5695 (559) 674-5671 (559) 675-7839 madera-county.com Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (559) 675-7891 (800) 222-1753 (559) 600-4405 Community Action Partnership Small Claims Court info Social Services (559) 673-9173 (559) 675-7944 (559) 675-7841 Weights & Measures United Way (559) 675-7876 (559) 674-9780 MARIN Housing Authority Bay Area Legal Services Adult Protective Services San Rafael (415) 473-6193 (415) 491-2525 (415) 354-6360 (415) 473-2774 Dial 211 Animal Services/Enforcement (800) 551-5554 Area Agency on Aging (415) 499-6358 Senior Legal Hotline (415) 499-7396 marincounty.org Community Action Partnership (800) 222-1753 Human Services (415) 526-7500 Small Claims Court Advisor (415) 473-3696 Weights & Measures (415) 444-7130 United Way (415) 473-7888 (415) 808-4300 MARIPOSA Housing Authority Senior Legal Hotline Adult Protective Services Mariposa (209) 966-3696 (209) 966-3609 (800) 222-1753 (209) 966-7000 mariposacounty.org Animal Services/Enforcement Small Claims Court Advisor (209) 966-3614 after hours (209) 966-3615 (209) 966-2005 (209) 966-2000 after hours Community Action Partnership Area Agency on Aging (209) 754-6452 (209) 966-5315 Weights & Measures Human Services (209) 966-2075 (209) 966-2000 MENDOCINO Dial 211 co.mendocino.ca.us Housing Authority (707) 463-5482 Animal Services/Enforcement (707) 463-4427 Community Action Partnership (707) 462-1954 Weights & Measures (707) 463-4208 Legal Services of No. California (707) 462-1471 (877) 529-7700 toll free Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (707) 468-2002 Ukiah (707) 964-3192 Fort Bragg Adult Protective Services (707) 962-1102 (24hrs) (800) 350-2237 (24hrs) Area Agency on Aging (707) 262-4517 Social Services (707) 472-2333 Ukiah (707) 962-1000 Fort Bragg (707) 456-3740 Willets United Way (707) 462-4483 Fort Bragg (707) 964-9695 Ukiah (707) 463-4662 Willits (707) 456-3792 97 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES MERCED Housing Authority Central California Legal Services Adult Protective Services Merced (209) 385-7588 (209) 722-3501 (209) 723-5466 (209) 385-3105 co.merced.ca.us Animal Services/Enforcement (800) 464-3111 Area Agency on Aging (209) 385-7436 Senior Legal Hotline (209) 385-7550 Community Action Partnership (800) 222-1753 Human Services (209) 723-4565 Small Claims Court Advisor (209) 385-3000 Weights & Measures (209) 725-4111 United Way (209) 385-7431 (209) 383-4242 MODOC Housing Authority Legal Services of No. California Adult Protective Services Alturas (530) 233-6209 (530) 225-5160 (530) 241-3565 (530) 233-6602 co.modoc.ca.us Animal Services/Sheriff (800) 822-9687 Area Agency on Aging (530) 233-4416 Senior Legal Hotline (530) 842-1687 Community Action Partnership (800) 222-1753 Social Services (530) 233-7660 Small Claims Court Advisor (530) 233-6601 Weights & Measures (530) 233-2008 United Way (530) 233-6401 (530) 241-7521 MONO monocounty.ca.gov Housing Assistance Program (209) 557-2000 Animal Services/Enforcement (760) 932-5630 Community Action Partnership (760) 873-8557 Weights & Measures (760) 873-7860 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (760) 932-5239 Bridgeport (760) 924-5444 Mammoth Lakes Adult Protective Services (760) 932-7755 (800) 340-5411 Area Agency on Aging (760) 873-6364 Social Services (760) 924-1770 Mammoth Lakes (760) 932-5600 Bridgeport (530) 495-1262 Walker Bishop (760) 873-7850 MONTEREY Housing Authority (831) 775-5000 California Rural Legal Assistance (831) 757-5221 Adult Protective Services (831) 755-4466 Monterey (831) 647-7613 (831) 883-3811 Dial 211 Animal Services/Enforcement (831) 769-8850 Senior Legal Hotline (800) 222-1753 (831) 883-7565 (800) 510-2020 Salinas (831) 796-3585 co.monterey.ca.us Community Action Partnership (831) 755-8492 Small Claims Court Advisor (831) 582-5235 Area Agency on Aging (831) 755-3403 Weights & Measures Social Services (831) 759-7325 (831) 755-4448 United Way (831) 372-8026 98 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES NAPA Dial 211 countyofnapa.org Housing Authority (707) 257-9543 Animal Services/Enforcement (707) 253-4382 Community Action Partnership (707) 253-6100 Bay Area Legal Services (707) 320-6348 (800) 551-5554 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor Adult Protective Services (707) 253-4398 (888) 619-6913 after hours Area Agency on Aging (707) 644-6612 Health & Human Services Napa (707) 253-6072 (800) 498-9455 Weights & Measures (707) 944-8714 (707) 299-1130 (707) 253-4279 United Way (415) 808-4300 NEVADA Housing Authority (530) 671-0220 Legal Services of No. California (530) 823-7560 Adult Protective Services (530) 265-1639 Grass Valley (530) 273-3397 Dial 211 Animal Services/Sheriff (530) 265-1471 Senior Legal Hotline (800) 222-1753 (888) 339-7248 (530) 265-1217 (24 hrs) mynevadacounty.com Community Action Partnership (530) 265-1645 Small Claims Court Advisor (530) 470-2594 Area Agency on Aging (916) 486-1876 Weights & Measures Social Services (530) 273-2648 (530) 265-1340 United Way (530) 274-8111 ORANGE Housing Authority Legal Aid Society of Orange County Adult Protective Services Santa Ana (714) 480-6555 (714) 480-2700 (714) 571-5200 or (800) 834-5001 800-451-5155 Hotline Dial 211 Animal Services/Enforcement Senior Citizens Legal Advocacy Program Area Agency on Aging (714) 935-6848 (714) 571-5200 or (800) 834-5001 (714) 567-7500 ocgov.com (949) 249-5160 Senior Legal Hotline Public Assistance Community Action Partnership (800) 222-1753 (714) 541-4895 (714) 897-6670 Small Claims Court Advisor (949) 389-8456 Weights & Measures (714) 571-5277 United Way (714) 955-0100 (949) 660-7600 99 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES PLACER Housing Authority Legal Services of No. California Adult Protective Services Rocklin (916) 780-3290 (530) 889-7610 (530) 823-7560 (916) 787-8860 placer.ca.gov (888) 385-5160 Senior Legal Hotline (888) 886-5401 Animal Services/Enforcement (800) 222-1753 Area Agency on Aging (530) 886-5541 Auburn Small Claims Court Advisor (916) 486-1876 (530) 546-1990 Tahoe Vista (530) 823-1019 Health & Human Services Community Action Partnership (530) 889-7141 Auburn (916) 782-3443 (530) 546-1900 Tahoe Weights & Measures United Way (530) 889-7372 (916) 368-3000 PLUMAS Community Devel. Commission Legal Services of No. California Adult Protective Services Quincy (530) 283-6275 (530) 283-2466 (530) 345-9491 (530) 283-6350 countyofplumas.com (800) 993-5399 (800) 345-9491 Area Agency on Aging Animal Services/Enforcement Senior Legal Hotline (530) 898-5923 (530) 283-3673 (800) 222-1753 Social Services Community Action Partnership Small Claims Court info (530) 283-6350 (530) 283-2466 (530) 283-6305 United Way Weights & Measures (530) 241-7521 (530) 283-6365 RIVERSIDE Dial 211 countyofriverside.us Housing Authority (951) 351-0700 (760) 863-2828 Animal Services/Enforcement (760) 921-7857 Blythe (760) 343-3644 Coachella Valley (951) 358-7387 San Jacinto Community Action Partnership (951) 955-4900 (800) 511-1110 Weights & Measures (951) 955-3030 California Rural Legal Assistance (760) 398-7261 Inland Counties Legal Services (951) 368-2555 Riverside (760) 342-1591 Indio Riverside Legal Aid (951) 682-7968 Riverside (760) 347-9456 Indio Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (951) 274-4499 Riverside (760) 393-2163 Desert region Adult Protective Services 800-491-7123 Area Agency on Aging (951) 867-3800 Social Services (951) 358-3000 United Way Central (951) 929-9691 Desert (760) 323-2731 Inland (951) 697-4700 Corona-Norco (951) 736-0620 Banning (951) 766-2566 Blythe (760) 863-8266 Corona (951) 276-3060 Hemet (951) 766-2566 Indio (760) 863-8266 Murrieta (951) 766-2566 Palm Desert (760) 863-8266 Riverside (951) 955-3060 (800) 481-2101 100 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SACRAMENTO Housing Authority Legal Services of No. California Adult Protective Services Sacramento (916) 874-6811 (916) 440-1390 (916) 551-2150 (916) 874-9377 Dial 211 Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (916) 368-7387 (800) 222-1753 (916) 486-1876 saccounty.net Community Action Partnership Small Claims Court Advisor Health & Human Services (916) 263-3800 (916) 875-7846 (916) 875-2000 Weights & Measures Voluntary Legal Resources United Way (916) 875-6603 (916) 551-2102 (916) 368-3000 SAN BENITO County Housing Programs (831) 636-4316 x14 Senior Legal Hotline (800) 222-1753 Adult Protective Services (831) 636-4190 Monterey (831) 637-7613 cosb.us Animal Services/Enforcement (831) 636-4320 Small Claims Court Advisor (831) 786-7370 (866) 580-4357 Area Agency on Aging Community Action Partnership (831) 688-0400 (831) 636-4180 Health & Human Services Weights & Measures (831) 636-4180 (831) 637-5344 United Way (831) 479-5466 SAN BERNARDINO Community Devel. & Housing Inland Counties Legal Services Adult Protective Services Main (866) 472-8387 (909) 387-4700 San Bernardino (760) 241-7073 Victorville (877) 565-2020 Dial 211 (909) 890-5360 Ontario (909) 884-8615 San Bernardino Human Services Chino (909) 465-5241 (760) 243-1043 Victorville (909) 980-0982 Rancho Cucamonga (909) 387-4717 Hesperia (760) 995-8010 sbcounty.gov Animal Services/Enforcement Senior Legal Hotline United Way San Bernardino (909) 387-5516 (800) 782-4264 (800) 222-1753 Inland (909) 980-2857 Twentynine Palms (760) 361-4636 Community Action Partnership Small Claims Court Advisor Desert (760) 242-5370 Yucca Valley (760) 228-5234 (909) 723-1500 (909) 708-8606 Mojave Valley (760) 256-8789 Weights & Measures (800) 634-9085 Indian Wells Vly (760) 375-1920 (909) 387-2140 Arrowhead (909) 884-9441 101 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SAN DIEGO Housing & Community Devel. California Rural Legal Assistance Adult Protective Services Escondido (760) 466-7054 (858) 694-4801 (760) 966-0511 (800) 510-2020 Oceanside (760) 643-2049 Dial 211 Home Repair Loans Legal Aid Society of San Diego (800) 339-4661 San Diego (858) 694-3222 (858) 694-8750 (877) 534-2524 Area Agency on Aging (858) 552-8585 x1813 sandiegocounty.gov Rental Assistance Senior Legal Hotline (858) 495-5885 San Marcos (760) 744-6914 (858) 694-8742 (800) 222-1753 Public Assistance Section 8 Assistance Small Claims Court Advisor (866) 262-9881 (858) 694-4801 (858) 634-1777 United Way Animal Services/Enforcement (858) 492-2000 (619) 767-2675 Community Action Partnership (619) 338-2799 Weights & Measures (858) 694-2778 SAN FRANCISCO Housing Authority (415) 554-1200 Bay Area Legal Services (415) 354-6360 Adult Protective Services (415) 355-6700 (24 hrs) San Francisco (415) 503-2000 Dial 211 Animal Services/Enforcement (415) 554-6364 (800) 551-5554 Senior Legal Hotline (800) 814-0009 (24 hrs) Area Agency on Aging (415) 379-5613 (800) 807-5799 sfgov.org Community Action Partnership (415) 749-5600 (800) 222-1753 Small Claims Court Advisor (415) 355-3555 Human Services Weights & Measures (415) 551-5880 (415) 557-5000 (415) 252-3884 United Way (415) 808-4300 SAN JOAQUIN Housing Authority California Rural Legal Assistance Adult Protective Services Stockton (209) 468-2916 (209) 460-5039 (209) 946-0605 Stockton (209) 468-3780 Dial 211 Animal Services/Sheriff Senior Legal Hotline Area Agency on Aging (209) 953-6070 (800) 222-1753 (209) 468-2202 sjgov.org Community Action Partnership Small Claims Court Advisor Human Services (209) 468-2202 (209) 992-5701 (209) 468-1000 Weights & Measures United Way (209) 953-6000 (209) 469-6980 102 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SAN LUIS OBISPO Housing Authority California Rural Legal Assistance Adult Protective Services San Luis Obispo (805) 788-2687 (805) 543-4478 (805) 239-3708 Paso Robles (805) 781-1790 Dial 211 Animal Services/Enforcement (805) 544-7997 San Luis Obispo (844) 729-8011 after hours (805) 781-4400 Senior Legal Hotline Area Agency on Aging slocounty.ca.gov Community Action Partnership (800) 222-1753 (805) 925-9554 (805) 544-4355 Small Claims Court Advisor Social Services Weights & Measures (805) 781-5856 (805) 781-1600 (805) 781-5910 SLO United Way (805) 473-7090 Arroyo Grande (805) 541-1234 (805) 434-5950 Templeton SAN MATEO Housing Authority Bay Area Legal Services Adult Protective Services Belmont (650) 802-6446 (650) 802-3300 (650) 472-2666 800-675-8437 Dial 211 Animal Services/Enforcement (800) 551-5554 Area Agency on Aging (650) 573-3726 Senior Legal Hotline (650) 573-2700 co.sanmateo.ca.us Community Action Partnership (800) 222-1753 Human Services (650) 802-3378 Small Claims Court Advisor (800) 223-8383 Weights & Measures (650) 261-5015 United Way (650) 363-4700 (415) 808-4300 SANTA BARBARA Dial 211 countyofsb.org Housing Office (805) 736-3423 Animal Services/Enforcement (805) 737-7755 Lompoc (805) 681-5285 Santa Barbara Community Action Partnership (805) 964-8857 California Rural Legal Assistance (805) 922-4563 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (805) 349-1289 Lompoc (805) 568-3303 Santa Barbara Adult Protective Services (805) 681-4550 Santa Barbara (805) 346-8303 Santa Maria (805) 737-6020 Lompoc (805) 922-1236 after hrs Area Agency on Aging (805) 925-9554 Santa Barbara (805) 681-4500 Santa Maria (805) 346-7160 Weights & Measures (805) 934-6200 (805) 349-1289 Santa Maria (805) 349-1289 Solvang Social Services (805) 681-4401 Santa Barbara (805) 346-7135 Santa Maria (805) 737-7080 Lompoc United Way (805) 965-8591 (805) 922-0329 Northern 103 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SANTA CLARA Housing Authority (408) 275-8770 Bay Area Legal Services (408) 850-7066 or (800) 551-5554 Adult Protective Services (408) 975-4900 Santa Clara (408) 553-6000 Dial 211 Animal Services/Enforcement (408) 686-3900 California Rural Legal Assistance (831) 724-2253 (800) 414-2002 Area Agency on Aging sccgov.org Community Action Partnership (408) 278-2197 Senior Legal Hotline (800) 222-1753 (408) 296-8290 Social Services Weights & Measures Small Claims Court Advisor (408) 755-7100 (408) 918-4601 (408) 882-2100 United Way (408) 345-4300 SANTA CRUZ Housing Authority California Rural Legal Assistance Adult Protective Services Santa Cruz (831) 454-4761 (831) 454-9455 (831) 724-2253 (831) 454-4101 Watsonville (831) 454-4761 Dial 211 (831) 637-0487 Senior Legal Hotline (866) 580-4357 Animal Services/Enforcement (800) 222-1753 Area Agency on Aging co.santa-cruz.ca.us (831) 454-7200 Small Claims Court Advisor (831) 688-0400 Community Action Partnership (831) 786-7370 Public Assistance (831) 763-2147 (888) 421-8080 Weights & Measures United Way (831) 763-8080 (831) 479-5466 SHASTA Housing Authority Legal Services of No. California Adult Protective Services Redding (530) 225-5616 (530) 225-5160 (530) 241-3565 (530) 225-5798 Dial 211 Animal Services/Enforcement (800) 822-9687 Area Agency on Aging (530) 245-6065 Senior Legal Hotline (530) 842-1687 co.shasta.ca.us Community Action Partnership (800) 222-1753 Health & Human Services (530) 225-5160 Small Claims Court info (877) 652-0731 Weights & Measures (530) 245-6900 United Way (530) 224-4951 (530) 241-7521 SIERRA Housing Authority Legal Services of No. California Adult Protective Services See Plumas County (530) 225-5160 (530) 823-7560 (530) 993-6700 Loyalton sierracounty.ca.gov Animal Services/Sheriff Senior Legal Hotline (530) 289-3711 Downieville (530) 289-3700 (800) 222-1753 (530) 289-3720 (24 hr) Community Action Partnership Small Claims Court Advisor Area Agency on Aging (530) 283-2466 (530) 289-3698 (916) 486-1876 Weights & Measures Health & Human Services See Plumas Co. (530) 993-6700 104 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SISKIYOU Housing Authority (530) 225-5160 Legal Services of No. California (530) 241-3565 Adult Protective Services (530) 841-4200 Yreka (530) 842-8010 co.siskiyou.ca.us Animal Services/Enforcement (530) 841-4028 (800) 822-9687 Senior Legal Hotline (530) 842-7009 after hours Area Agency on Aging Community Action Partnership (800) 222-1753 (530) 842-1687 (530 233-7660 Small Claims Court Advisor Health & Human Services Weights & Measures (530) 842-0197 (530) 841-2700 (530) 841-4025 (530) 842-0157 United Way (530) 241-7521 SOLANO Dial 211 co.solano.ca.us Housing Authority (707) 449-5675 Animal Services/Enforcement (707) 784-1356 Community Action Partnership (707) 422-8810 Weights & Measures (707) 784-1310 Legal Services of No. California (707) 643-0054 Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (707) 207-7336 Adult Protective Services (707) 784-8259 (800) 850-0012 after hours Area Agency on Aging (707) 644-6612 Health & Social Services Dial 211 United Way (415) 808-4300 Fairfield (707) 784-6590 SONOMA Housing Authority California Rural Legal Assistance Adult Protective Services Santa Rosa (707) 565-5960 (707) 565-7520 (707) 528-9941 (800) 667-0404 Dial 211 Animal Services/Enforcement Senior Legal Hotline Area Agency on Aging (707) 565-7100 (800) 222-1753 (707) 565-5950 sonomacounty.ca.gov Community Action Partnership Small Claims Court Advisor Human Services (707) 544-6911 (707) 521-6534 (707) 565-5800 Weights & Measures United Way (707) 565-2371 (707) 528-4485 STANISLAUS Housing Assistance Program Senior Legal Hotline Adult Protective Services Modesto (209) 558-7380 (209) 557-2000 (800) 222-1753 (800) 336-4316 Dial 211 Animal Services/Enforcement California Rural Legal Assistance Area Agency on Aging (209) 558-7387 (209) 577-3811 (209) 558-8698 stancounty.com Community Action Partnership Small Claims Court Advisor Community Services (209) 357-0062 (209) 530-3178 (209) 558-2500 Weights & Measures United Way (209) 525-4730 (209) 572-2255 105 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES SUTTER Regional Housing Authority Senior Legal Hotline Adult Protective Services Marysville (530) 749-6710 (530) 671-0220 (800) 222-1753 (530) 822-7227 (24 hrs) co.sutter.ca.us Animal Services/Enforcement Small Claims Court info Area Agency on Aging (530) 822-7375 (530) 822-3304 (916) 486-1876 Community Action Partnership Welfare & Social Services (530) 749-5460 (877) 652-0735 Weights & Measures United Way (530) 822-7500 (530) 743-1847 TEHAMA Housing Assistance (530) 527-6159 Legal Services of No. California (530) 345-9491 Adult Protective Services (530) 527-1911 Red Bluff (530) 529-3664 Dial 211 Animal Services/Enforcement (530) 527-3439 (800) 345-9491 Senior Legal Hotline (800) 323-7711 Area Agency on Aging co.tehama.ca.us Community Action Partnership (530) 527-6159 (800) 222-1753 Small Claims Court Advisor (530) 898-5923 Social Services Weights & Measures (530) 828-3250 (530) 527-1911 (530) 527-4504 United Way (530) 241-7521 TRINITY Housing Authority (530) 225-5160 Legal Services of No. California (530) 241-3565 Adult Protective Services (530) 623-1314 Weaverville (530) 623-3975 trinitycounty.org Animal Services/Enforcement (530) 623-1370 (800) 822-9687 Senior Legal Hotline Area Agency on Aging (530) 842-1687 Community Action Partnership (800) 222-1753 Health & Human Services (530) 934-6514 Small Claims Court info (530) 623-1265 Weights & Measures (530) 623-1208 (800) 851-5658 (530) 623-1356 United Way (530) 241-7521 TULARE Housing Authority (559) 627-3700 Central California Legal Services (559) 733-8770 Adult Protective Services (559) 623-0651 Tulare (559) 684-4960 Dial 211 Animal Services/Enforcement (559)-636-4050 (800) 350-3654 Senior Legal Hotline (877) 657-3092 Area Agency on Aging tularecounty.ca.gov Community Action Partnership (559) 732-4194 (800) 222-1753 Small Claims Court info (559) 623-0199 Health & Human Services Weights & Measures (559) 730-5000 (800) 834-7121 (559) 684-3350 United Way (559) 685-1766 106 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES TUOLUMNE Housing Assistance Program Senior Legal Hotline Adult Protective Services Sonora (209) 533-6280 (209) 557-2000 (800) 222-1753 (209) 533.5717 tuolumnecounty.ca.gov Animal Services/Enforcement Small Claims Court info Area Agency on Aging (209) 694-2730 (209) 533-6565 (209) 533-2622 Community Action Partnership Social Services (209) 533-1397 (209) 533-5711 Weights & Measures United Way (209) 533-6600 (209) 572-2255 VENTURA Housing Authority California Rural Legal Assistance Adult Protective Services Ventura (805) 477-5155 (805) 480-9991 (805) 483-8083 (805) 654-3200 (866) 904-9362 Dial 211 (800) 800-2123 Senior Legal Hotline Area Agency on Aging Animal Services/Enforcement (800) 222-1753 (805) 477-7300 ventura.org (805) 388-4341 Small Claims Court Advisor Social Services Community Action Partnership (805) 654-5054 Dial 211 (805) 436-4000 United Way Weights & Measures (805) 485-6288 (805) 654-2428 YOLO Dial 211 yolocounty.org Housing Dept. (530) 662-5428 Animal Services/Enforcement (916) 375-6492 (530) 668-5287 Woodland Community Action Partnership (530) 661-2750 Weights & Measures (530) 666-8140 Legal Services of No. California (530) 662-1065 (877) 883-4927 (seniors only) Senior Legal Hotline (800) 222-1753 Small Claims Court Advisor (530) 758-1927 (800) 404-3288 Adult Protective Services (530) 661-2727 (888) 675-1115 Area Agency on Aging (916) 486-1876 Health & Human Services (916) 375-6200 West Sac (530) 406-4444 Winters (530) 661-2750 Woodland United Way (916) 368-3000 (530) 662-3633 Woodland Woodland (530) 406-4850 (530) 406-4851 107 COUNTY HOUSING PROGRAMS & OTHERS LEGAL RESOURCES SOCIAL SERVICES and PUBLIC ASSISTANCE VETERANS SERVICES YUBA Housing Authority (530) 749-5460 California Rural Legal Assistance (530) 742-5191 Adult Protective Services (530) 749-6471 (24 hrs) Marysville (530) 749-6710 co.yuba.ca.us Animal Services/Sheriff (530) 749-7777 Senior Legal Hotline (800) 222-1753 (866) 999-9113 Health & Human Services Community Action Partnership Small Claims Court info (530) 749-6311 (530) 749-5460 (530) 749-7600 Area Agency on Aging Weights & Measures (916) 486-1876 (530) 749-5400 United Way (530) 743-1847 2019 108 ABANDONED MOBILEHOME 30-day posting notice Civ. 798.61(b) 22 60-day limit for homeowner to claim their home Civ. 798.36(b)(3) 11 Auction or sale: funds received Civ. 798.36(b)(4) 11 County tax collector: management must notify Civ. 798.56a(e)(2)(A), 798.61(e)(1)(B) FAQ #63.1 21, 23, 79 Definition Civ. 798.61(a) 21 Disposal definition Civ. 798.56a(e)(2)(D), 798.61(a)(2)(C) 21, 22 exemptions, restrictions, obligations Civ. 798.56a(e)(2)(A), 798.61(c)(2) and (f) 21, 22-23 judgment of abandonment Civ. 798.61(d)-(f) Veh. 5903 FAQ #63.1 23, 54, 79 notice requirements: HCD and county tax collector Civ. 798.61(f) 23 owner’s right to possession: satisfaction of all liens and removal from park 23 Civ. 798.61(e)(1)(C)) registration requirements Civ. 798.61(g) 24 tax clearance certificate waived Civ. 798.61(g) H&S 18092.7 24 ,53 Homeowner responsibilities and liabilities Civ.798.36(b)(2), 798.56a(b-c) 11, 20 Judgment of abandonment Civ. 798.61(d)-(f) Veh. 5903 FAQ #63.1 23-24, 54, 79 Lien holders: rights and restrictions Civ. 798.56a 20 Management disposal Civ. 798.36(b)(4), 798.61(f) 11, 23 obligations and procedures Civ. 798.61(c)(2), 798.61(f) 22, 23 report to HCD within 30 days Civ.798.56a(e)(2)(C), 798.61(f)(3) 21, 24 Management right of entry Civ. 798.26(b), 799.2.5(b) 8, 35 Notice of abandonment Civ. 798.61(b) FAQ #63.1 22, 79 declaration petition Civ. 798.61 FAQ #63.1 22, 79 notifying county tax collector Civ. 798.61(c)(2)(C) 22 notifying HCD Civ. 798.61(c)(2)(D) FAQ #63.1 23, 79 tax clearance certificate waived Civ. 798.61(c)(2)(A) 22 Procedures Civ. 798.61 Veh. 5903 FAQ #63.1 21, 54, 79 Property taxes, liens and unpaid loans Civ. 798.61 FAQ #63.1 22, 79 Release from bankruptcy Civ. 798.56a(d) 20 Release from license fees and taxes Civ. 798.56a(2)(A) 20 management must notify county tax collector within 10 days Civ. 798.56a(e)(2)(A) 21 Removal from park Civ. 798.56a(e) 20 Sale of abandoned home Civ. 798.61(e) Veh. 5903 FAQ #63.1 22, 54, 79 Salvage FAQ #63.1 79 Transfer of Title and Registration Veh. 5903 FAQ #63.1 54, 79 within 20 days Civ. 798.61(e)(4) 23 Warehouse lien Civ. 798.56a(e) FAQ #63.1 20, 79 Written notification to last known owner Civ. 798.36(b)(3) 11 ANIMALS Aggressive breeds prohibited FAQ #36 72 Code enforcement FAQ #36 72 Companion animals FAQ #35.1 72 109 Emotional-support animals FAQ #35.1 72 Feral, stray, wild FAQ #36 72 Liability of owner of animal FAQ #35.1, #36 72 Local animal control agency FAQ #36 72 Owner’s liability FAQ #35.1, #36 72 Pets assistive animal FAQ #32, #35.1 71, 72 definition: agreement between management and homeowner Civ. 798.33 FAQ #35 10, 72 feral animals are not pets FAQ #36 72 fees: special park facilities Civ. 798.33 10 liability of owner FAQ #36 72 “no pet” rule FAQ #35 72 not allowed to roam free FAQ #36 72 right to keep pet Civ. 798.33 FAQ #35 10, 72 park rules and regulations Civ. 798.33 FAQ #35 10, 72 Service dogs and emotional-support animals FAQ #35.1 72 Stray, wild, feral FAQ #36 72 Title 25 (code enforcement) FAQ #36 72 Wild, feral, stray FAQ #36 72 CAREGIVER LIVING WITH HOMEOWNER Adult Protective Services agency FAQ #32.1 71 Complying with park rules and regulations Civ. 798.34(c) 10 Eviction after homeowner dies FAQ #40 73 Guest of homeowner FAQ #40 73 Minimum allowable age Civ. 798.34(c) FAQ #40 10, 73 No fee for live-in caregiver Civ. 798.34(c) 10 Right of tenancy: conditions Civ. 798.34(c) FAQ #40 10, 73 Right to sell home in park Civ. 798.78 FAQ #40 31, 73 Senior-only park: allowances and restrictions Civ. 798.34, 799.9 10, 36 Written notice from doctor Civ. 798.34(c), 799.9(a) 10, 36 CODE VIOLATIONS 14-day written notice of space violations cost liability of homeowner Civ. 798.36(a) 11 homeowner to clean-up, etc. Civ. 798.36(a) FAQ #42 10, 74 management removal of homeowner property Civ. 798.36(b)(4) 11 statement of conditions and cost estimate Civ. 798.36(a) 11 CalHome (financial assistance) FAQ #51 76 Code enforcement regulations: Title 25 FAQ #44, #45 74 Failure to maintain FAQ #41 74 Financial assistance FAQ #51 76 Fire prevention FAQ #45 74 Inspections citations FAQ #42 74 110 homeowner responsibility: exterior of home and lot FAQ #42 74 park grounds, common areas, utility infrastructure FAQ #41 74 Permit required before remodel Civ. 798.15(i)(8) FAQ #50 4, 76 Pre-existing code violations: current mobilehome owner is responsible Civ. 798.36 FAQ #49 11, 75 Reasonable response time Civ. 798.15(d) 3 Title 25: code enforcement regulations FAQ #44, #45 74 Transfer Disclosure Statement Civ. 1102.6d FAQ #49, #68 39, 75, 80 Trash combustible material, etc FAQ #45 74 safe disposal; covered containers FAQ #45 74 COMMON AREA FACILITIES Clubhouse: use by homeowners for meetings, etc. Civ. 798.15(i)(5), 798.51(a-d) FAQ #34 3, 16-17, 72 Fees or deposits: conditions and exceptions Civ. 798.15(i)(5), 798.51(b) FAQ #5 3, 16, 63 Posting of hours open/available Civ. 798.24 FAQ #34 8, 72 Reduction of amenities FAQ #46 75 DEALERS Bureau of Real Estate: license FAQ #63.1 79 Dealer’s license FAQ #63.1 79 HCD-licensed dealer and realtor’s license FAQ #63.1 79 Illegal sales FAQ #63.1 79 License: Bureau of Real Estate and HCD FAQ #63.1 79 New home defects FAQ #71 80 Ombudsman (HCD) FAQ #71 80 DEFINITIONS Abandoned homeowner property Civ. 798.61(a) 22 Homeowner Civ. 798.9 2 Resident Civ. 798.11 2 Tenancy Civ. 798.12 2 DISABLED HOMEOWNERS’ ACCOMMODATIONS Installation Civ. 798.29.6 FAQ #32 9, 71 Permit requirement Civ. 798.29.6 FAQ #32 9, 71 Pets FAQ #32 71 Ramps allowed with proper permits Civ. 798.29.6 FAQ #32 9, 71 Removal upon sale Civ. 798.29.6 9 DISPUTES Attorneys’ fees and costs Civ. 798.85 FAQ #22 33, 68 Mandatory arbitration prohibited Civ. 798.25.5 8 111 DRIVEWAYS Liability of park if park-installed Civ. 798.37.5(c) FAQ #48 12, 75 Liability of homeowner if homeowner-installed Civ. 798.37.5(c) FAQ #48 12, 75 Management entry onto homeowner’s lot Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 Not applicable to leases in effect prior to 1/1/2001 Civ. 798.37.5(e) 12 EMERGENCY PREPAREDNESS PLAN Procedures H&S 18603 52 Public posting of park emergency plan H&S 18603(c) 52 EVICTION 7-day written notice of violation of park rule or regulation Civ. 798.56(d) FAQ #22 18, 68 60-day notice Civ. 798.55(b)(1) FAQ #22 17, 68 Abandoned home 30-day posting on mobilehome Civ. 798.61(b) 22 definition Civ. 798.61(a) 21 judicial declaration; notice to registered owner Civ. 798.61(c) 22 sale of mobilehome and its contents Civ. 798.61(f) 23 within 10 days of judgment of abandonment rights/liabilities of person having right to possession Civ. 798.61(e)(3) 23 rights of management Civ. 798.61(f) 23 Bankruptcy of homeowner: liabilities Civ. 798.56a(d) 20 Condemnation of park Civ. 798.56(f) 19 Change of use of park Civ. 798.56(g) FAQ #25 19, 69 12-months’ notice if no local govt. permit required Civ. 798.56(g)(2) FAQ #25 19, 69 15-day written notice by management of public appearance Civ. 798.56(g)(1) FAQ #25 19, 69 notice to prospective tenants Civ. 798.56(g)(3) 19 Failure of homeowner or resident to respond to written notice Civ. 798.56(a) 18 Failure of homeowner to comply with law upon notice Civ. 798.56(d) 18 Failure of homeowner to pay rent, utility charges, etc. Civ. 798.15(i)(3) 798.56(e)(1) 3, 18 Homeowner’s unpaid rent, etc., due upon sale of home Civ. 798.55(b)(2) 18 Late rent: 3-day written notice and general discussion Civ. 798.56(e) FAQ #21, #22 18, 67, 68 Management’s warehouse lien Civ. 798.56a(e) 20 No written notice required after a certain time Civ. 798.56(d), 798.56(e)(5) FAQ #22 18, 68 Non-owners: discussion of non-resident’s rights FAQ #24 68 Not allowed in order to make space available for other home Civ. 798.58 22 Obligation of legal owner of home upon eviction; notice Civ. 798.56(e)(6) 19 Occupant with no rental agreement and who is not homeowner Civ. 798.75(c) FAQ #24 28, 68 Park management right to terminate a tenancy Civ. 798.88 34 Process of liens, foreclosures Civ. 798.56a 20 Prostitution or drugs in the park resulting in conviction Civ. 798.56(c)(1) 18 Residents who are not homeowners eviction: 30-day notice FAQ #24 68 Sale of mobilehome by legal owner upon eviction Civ. 798.56a(b) 20 Substantial annoyance to other homeowners or residents Civ. 798.56(b) 18 112 “Three-strikes”: third time rent paid late can result in eviction Civ. 798.56(e) FAQ #21, #22 18, 67, 68 60-day notice to vacate the park Civ. 798.56(e) FAQ#21, #22 18, 67, 68 after third time rent paid late, no written notice required Civ. 798.56(e)(1) 18 default cure may be allowed; restrictions Civ. 798.56(e)(4-6) 19 Termination of tenancy denying renewal of rental agreement not allowed, as specified FAQ #23 68 proceedings: park reimbursement for costs Civ. 798.56a 20 resident’s rights Civ. 798.15(i)(3) 3 Unlawful detainer FAQ #22 68 Violation of park rules and regulations Civ. 798.56 FAQ #22 18, 68 FAMILY LIVING WITH HOMEOWNER Adult Protective Services agency FAQ #32.1 71 Caregiver FAQ #40 73 Definition of “immediate family” Civ. 798.35 11 FEES 60-day written notice Civ. 798.32(a) FAQ #2, #14, #15 10, 63, 66 Clubhouse: deposits Civ. 798.51 FAQ #5 16, 63 alcohol is served Civ. 798.15(i)(5), 798.51(c) FAQ #5 3, 17, 63 private parties Civ. 798.51(c) FAQ #5 17, 63 Entry, hook up, etc. - no fee charged Civ. 798.37 12 Immediate family: no extra fees charged Civ. 798.35 11 Increase: notice requirement Civ. 798.32(a) FAQ #2 10, 63 Pass-through of park-owed penalties or money damages prohibited Pets Civ. 798.39.5 13 fee may be charged for special park pet facilities Civ. 798.33 10 no fee for homeowner keeping a pet Civ. 798.33 10 Rent control ordinance may regulate fees FAQ #1 63 Rental agreement: list of fees Civ. 798.15(g) FAQ #2 3, 63 Penalty fee on late rent payment FAQ #9 64 Separate listing of each fee Civ. 798.32(b) FAQ #2, #4, #15 10, 63, 66 Services actually rendered Civ. 798.32(a) FAQ #14, #15 10, 66 Services actually rendered that are not listed on lease Civ. 798.32 FAQ #2 10, 63 When homeowner fails to maintain their space Civ. 798.15(g) 3 GUESTS 20 consecutive days or total of 30 days in calendar year Civ. 798.34(a) 10 Caregiver: over 18 years of age Civ. 798.34(c) FAQ #40 10, 73 Complying with park rules and regulations Civ. 798.15(i)(4), 798.34(b) 3, 10 Limit on duration of stay Civ. 798.34(a) 10 No fee for guest who stays limited time Civ. 798.34(a) 10 Registering with management Civ. 798.34(a) 10 113 HEIRS Caregivers FAQ #40 73 Rights, restrictions on tenancy or sale of mobilehome Civ. 798.78 FAQ #40, #66 31, 73, 80 Right of legal owner to list mobilehome for sale Civ. 798.78, 798.81 FAQ #40, #66 31, 32, 73, 80 Management’s right to require removal of mobilehome Civ. 798.78(b) FAQ #66 31, 80 No guarantee of park tenancy/right to apply Civ. 798.78(d) FAQ #66 31, 80 HOMEOWNER MEETINGS Right to peaceful assembly Civ. 798.15(i)(5), 798.51(a) 4, 16 Reasonable hours and manner Civ. 798.15(i)(5), 798.51(a) Use of clubhouse or common facility no cleaning deposit if meeting is open to all homeowners Civ. 798.15(i)(5), 798.51(b) 3, 16 3, 16 no liability insurance, unless alcohol is served Civ. 798.15(i)(5), 798.51(c) 3, 17 restrictions agreed to on rental agreement Civ. 798.51(c) 17 Public officials, political candidates, homeowners groups Civ. 798.15(i)(5), 798.51(a)(2-3) 3, 16 Distribution of petitions: rights, restrictions Civ. 798.51(a)(3) 16 With management Civ. 798.53 17 HOMEOWNER ASSOCIATIONS Articles of Incorporation: filing FAQ #56 78 Common interest developments FAQ #55 77 Davis-Stirling Act FAQ #54, #55 77 Enforcement of CID laws FAQ #57 78 Original filing papers: where to find a copy of original document FAQ #56 78 Secretary of State FAQ #56 78 Violations by elected board members FAQ #57 78 INSPECTIONS Citations FAQ #42 74 Homeowner responsibility: exterior of home and lot FAQ #42, #45 74 Park grounds, common areas, utility infrastructure FAQ #43 74 Manager entry onto lot Civ. 798.15(i)(7), 798.26; FAQ #62 4, 8, 78 for maintenance of trees, etc. Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) Manager entry into home or enclosed accessory structures FAQ #62 8, 78 prior written notice required Civ. 798.26(a) FAQ #62 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 LEASES 12 months or less Civ. 798.17-798.18 FAQ #18, #20 4-5, 67 12 months or longer Civ. 798.17-798.18 FAQ #1, #18, #20 4-5, 63, 67 30 days for homeowner to accept or reject Civ. 798.17(b), (f) FAQ #18, #20 4,5, 67 Description of park physical improvements to be provided Civ. 798.15(d) 3 Extend or renew Civ. 798.17 FAQ #18, #20 4, 67 Foreign language leases FAQ #19 67 114 Length of agreement Civ. 798.17 FAQ #1, #18, #20 4, 63, 67 List of park services and fees Civ. 798.15(f-g) FAQ #2 3, 63 Month-to-month Civ. 798.17-798.18 FAQ #1, #18, #20 4-5, 67 Opt out of long term rental agreement Civ. 798.17-798.18 FAQ #18, #20 4-5, 67 Renewal or extension: prohibitions Civ. 798.18 FAQ #18, #20 5, 67 Rent control: exemption Civ. 798.17(a) FAQ #1 4, 63 Return of signed copy to homeowner within 15 days Civ. 798.16(b) 4 Right to inspect Civ. 798.17(b) FAQ #18, #20 4, 67 Rules and regulations included in rental agreement Civ. 798.15(b) 2 Terms and conditions Civ. 798.15 2 comparable monthly terms Civ. 798.18 FAQ #18, #20 5, 67 Waiver of MRL rights of homeowner prohibited Civ. 798.15(i)(2), 798.19, 798.77 3, 5, 31 LIENS Abandoned homes: property taxes, liens and unpaid loans Civ. 798.61 FAQ #63.1 22, 79 Limited-time waiver of outstanding charges: when applicant is not current owner H&S 18116.1(d) 54 Management: prohibitions and allowances Civ. 798.38 12 Registration and title: HCD delinquency notice of fees and penalties H&S 18116.1 53 Registration and title: HCD delinquency notice of fees and penalties: payment program 54 H&S 18116.1(d)(3) Tax liability certificate H&S 18116.1(d)(4)(B) 54 When applicant is not current owner: limited-time waiver of outstanding charges H&S 18116.1(d) 54 LOT LINES Older parks FAQ #47 75 Permits required before lines can be moved H&S 18610.5 FAQ #47 51, 75 MAINTENANCE Driveways liability of park if park-installed Civ. 798.37.5(c) FAQ #48 12, 75 liability of homeowner if homeowner-installed Civ. 798.37.5(c) FAQ #48 12, 75 management entry onto homeowner’s lot Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 not applicable to leases in effect prior to 1/1/2001 Civ. 798.37.5(e) 12 Enforcement: health and safety agency FAQ #43 74 Failure to maintain park owner violations FAQ #41 74 public nuisance and abatement Civ. 798.87 33 Fees: 60-day advanced written notice if not specified in lease agreement Civ. 798.32(a) FAQ #2 10, 63 Financial assistance: CalHome FAQ #51 76 Fire prevention space clean-up FAQ #45 74 safe disposal; covered containers FAQ #45 Inspections 74 citations FAQ #42 74 homeowner responsibility: exterior of home and lot FAQ #42, #45 74 115 park grounds, common areas, utility infrastructure FAQ #43 74 Homeowner responsibility 14-day written notice of violations Civ. 798.15(g), 798.36(a) 3, 11 cost liability of homeowner Civ. 798.36(b)(2) FAQ #49 11, 75 financial assistance FAQ #51 76 homeowner to clean-up, etc Civ. 798.15(g), 798.36(a) FAQ #42, #45 3, 11, 74 management removal of homeowner property Civ. 798.36 11 statement of specific conditions and cost estimate Civ. 798.15(g), 798.36(a) 3, 11 Manager entry onto lot Civ. 798.15(i)(7), 798.26 FAQ #62 4, 8, 78 for maintenance of trees, etc Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 Manager entry into home or enclosed accessory structures 8. 78 prior written notice required Civ. 798.26(a) FAQ #62 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 Reasonable response time Civ. 798.15(d) 3 Space maintenance 14-day written notice of violations Civ. 798.15(g), 798.36(a) 3, 11 cost liability of homeowner Civ. 798.36(b)(2) FAQ #49 11, 75 homeowner to clean-up, etc Civ. 798.15(g), 798.36(a) FAQ #42, #45 3, 11, 74 management removal of homeowner property Civ. 798.36 11 statement of specific conditions and cost estimate Civ. 798.15(g), 798.36(a) 3, 11 “Storage” FAQ #45 74 Title 25: state regulations FAQ #43, #44, #45 74 Trees common areas: management responsible Civ. 798.15(d), 798.37.5(b) FAQ #48 3, 12, 75 no tree-planting without prior written permission from manager Civ. 798.37.5(d) 12 not applicable to leases in effect prior to 1/1/2001 Civ. 798.37.5(e) 12 responsibility of homeowner Civ. 798.37.5(d) FAQ #48 12, 75 responsibility of management in case of health hazard Civ. 798.37.5(a) FAQ #48 12, 75 dispute: inspection to determine who is liable Civ. 798.37.5(a) FAQ #48 12, 75 written permission required from management to plant Civ. 798.37.5(d) 12 MOBILEHOME RESIDENCY LAW Annual update to residents by management Civ. 798.15(c) FAQ #26.1 2, 69 delivery of notice Civ. 798.14(b) 2 if significant change in MRL in the past year Civ. 798.15(c) FAQ #26.1 2, 69 Enforcement FAQ #26, #59 69, 78 MRL v. Title 25 FAQ #44 74 Residents’ rights: notice Civ. 798.15(i) 3 Protections: homeowners v. non-homeowners FAQ #27 70 State laws prevail over park rules FAQ #26 69 Spanish and other translations FAQ #26.2 69 Waiver of rights prohibited Civ. 798.15(i)(2), 798.19, 798.77 3, 5, 31 116 NOTICES AND WRITTEN REQUIREMENTS 3-day notice to resident to pay amount due within 5 days Civ. 798.56(e)(1) FAQ #21 18, 67 3-day “Warning” notice when rent is overdue Civ. 798.56(e)(1) FAQ #21 18, 67 3 to 5-day notice to terminate sale of mobilehome Civ. 1102.3a(c) 39 6-month notice of park rule change Civ. 798.25(b) FAQ #25, #28 8, 69, 70 6-months’ notice minimum when park’s change-of-use is approved Civ. 798.56(g)(2) 19 7-day notice of management’s intent to tow vehicle Civ. 798.28.5(b)(1) FAQ #37 9, 73 7-day notice to resident of management’s intent to remove homeowner’s property 11 Civ. 798.36(b)(3) 7-day notice to resident to correct rule violation Civ. 798.56(d) FAQ #22 18, 68 10-day notice to residents on meeting to announce changes to park rules Civ. 798.25(a) 8 12-months (min.) for change-of-use notice when local permit not required Civ. 798.56(g)(2) AQ #25 14-day notice to resident for removal of resident’s personal items to storage facility Civ. 798.36(b)(1) 19, 69 11 14- day notice to resident to maintain or make repairs on space Civ. 798.15(g), 798.36 3, 11 15-days’ notice minimum of park’s intent to file for change-of-use Civ. 798.56(g)(1) FAQ #25 19, 69 15-day period during which temporary restraining order is in effect Civ. 798.88(c) 34 15- day screening process for prospective residents Civ. 798.74(a) 27 30-day notice by park to homeowners’ association of park’s intent to sell park Civ. 798.80 FAQ #53 31, 76 117 30-day notice of abandoned mobilehome Civ. 798.61(b) FAQ #63.1 22, 79 30-day notice of change of zoning or park’s use permit Civ. 798.27 8 30-day notice of eviction for resident who is not homeowner FAQ #23, #24 68 30-day notice of termination of RV from RV park Civ. 799.66 59 30-days’ prior notice by homeowner to management of intent to sue for failure to maintain 33 Civ. 798.84 60-day notice of fee increase Civ. 798.32(a) FAQ #2, #14, #15 10, 63, 66 60-day notice of itemized billing of utility (if not stipulated in lease agreement) FAQ #14, #15 66 60-day notice of resident’s intent to vacate tenancy Civ. 798.59 22 60-day notice of rule change to recreational facilities Civ. 798.25(b) FAQ #28 8, 70 60-day notice of termination of tenancy Civ. 798.55(b)(1), 798.56(e)(6) FAQ #21, #22, #24 17, 19, 67, 68 60-day notice of termination of tenancy for non-owners/sublessees FAQ #24 68 72-hour advance notice of utilities interruption of more than two hours Civ. 798.42, 799.7 14, 36 72-hour notice to void rental agreement Civ. 798.17(b)(4), 799.55 5, 58 90-day notice of rent increase Civ. 798.15(i)(1), 798.30 FAQ #1, #3 3, 10, 63 Abandonment: management notice of belief of abandonment Civ. 798.61(b) 22 Abandonment: management notice of disposal of abandoned home Civ. 798.61(c)and (f) 22, 23 Abandonment: management notice of sale of abandoned home Civ. 798.61(e) 23 Annual notice of rights and responsibilities Civ. 798.15(i) 3 Calif. Alternate Rates for Energy Program (CARE): public notice on/before Feb 1 Civ. 798.43.1(a) 14 Calif. Alternate Rates for Energy Program (CARE): notice of discount Civ. 798.43.1(c) FAQ #13 15, 65 Caregiver living with resident: doctor’s written treatment plan required Civ. 798.34(c-d), 799.9 10, 36 Changes to MRL Civ. 798.15(c)(2) FAQ #26.1 2, 69 Common area: posting of facility hours Civ. 798.24 8 118 Common area utility charges: disclosure by the management Civ. 798.43 14 Delivery requirements: in-person or by U.S. Mail Civ. 798.14 FAQ #3 2, 63 Emergency preparedness plans: posting of notice H&S 18603 52 Exempt from rent control: management review of homeowner residency qualifications 6 Civ. 798.21(d-e) Failure to maintain lawsuit: 30-days prior notice by homeowner(s) to management Civ. 798.84 33 Government fees and assessment (that are exempt from rent control): separately stated 16 Civ. 798.49(e) Civ. 798.74(a), 799.4 Management entry into mobilehome in case of emergency: prior written consent of resident not required Civ. 798.26(b), 799.2.5(b) Management entry into mobilehome: prior written consent of resident required Civ. 798.26(a), 798.2.5(a) Mandatory removal of mobilehome upon sale: management must provide notice specifying health and safety conditions Civ. 798.73(e), 798.73.5(b) 8, 35 8, 37 26 Mobilehome Transfer Disclosure Statement/Form Civ.798.15(i)(6), 1102.6d 4, 39 Mobilehome Ombudsman notice Civ. 798.29 9 Mobilehome Park Rental Agreement Disclosure Form Civ. 798.75.5 30 Mobilehome Residency Law: annual notice of rights and responsibilities Civ. 798.15(i) 3 New fees must be itemized on monthly rent statement Civ. 798.32(b) 10 Park change-of-use: at least 6-months’ notice by park when local permit is approved Civ. 798.56(g)(2) FAQ #25 Park change-of-use: at least 12-months’ notice when local permit not required Civ. 798.56(g)(2) FAQ #25 Park change-of-use: at least 15-days’ notice by park of intent to request local permit Civ. 798.56(g)(1) FAQ #25 Park maintenance or repair of space when homeowner fails to maintain space: 14-day notice Civ. 798.15(g) 19, 69 19, 69 19, 69 3 Park owner’s contact information Civ. 798.28 9 Prior to February 1: changes to MRL Civ. 798.14, 798.15(c) FAQ #26.1 2, 69 Rent increase: 90-day notice Civ. 798.15(i)(1), 798.30 FAQ #3 3, 10, 63 Rental agreement: homeowner right to have at least 30 days to inspect Civ. 798.17(f) FAQ #18, #20 5, 67 Health and safety notice of noncompliance Civ. 798.56(a) 18 Homeowner acknowledgment of written notice: rental agreement Civ. 798.17(f) 5 Homeowner right of 30 days to inspect rental agreement Civ. 798.17(f) FAQ #20 5, 67 In-person or by U.S. Mail Civ. 798.14 FAQ #3 2, 63 Injunction for violation of park rules: notice of temporary restraining order Civ. 798.88(b-c) 34 Homeowners’ request to meet with management Civ. 798.53 17 Lot lines: written authorization of the resident and permit required H&S 18610.5 51 Management approval of buyer: credit refund Civ. 798.74(b) 27 Management approval of prospective homeowner: 15-day screening process Civ. 798.74(a) 27 Management approval of prospective homeowner: residency requirements 27, 35 119 Rental agreement: 72-hour notice to void Civ. 798.17(b)(4) 5 Rental agreement: homeowner inspection: homeowner response in writing to manager’s 5 written notice Civ. 798.17(f) Rental agreements exempt from rent control Civ. 798.17(a)(2) FAQ #1, #18, #20 4, 63, 67 Rental agreement shall be in writing Civ. 798.15 2 Resident alterations or improvement on space: written approval by management if required by 4 park rules Civ. 798.15(i)(8) Resident terminates tenancy: 60-day notice Civ. 798.59 22 Rights and Responsibilities of Homeowners and Park Managers Civ. 798.15(i) 3 RV park: registration agreement notice Civ. 799.43-44 57 RV park: notice requirement: reasons for RV removal Civ.799.46, 799.55-799.58 57, 58 Sale of mobilehome to park management: notice requirement of legalowner/junior lienholder 20 Civ. 798.56a Sale of mobilehome to remain in park: resident must give notice to management Civ. 798.74(a) 27 Sale of park: notice by homeowners association of interest in purchasing Civ. 798.80(b) 32 Sale of park: notice to homeowners association Civ. 798.80 31 Sale or replacement of mobilehome: current standards apply, per written requirements 31 Civ. 798.78(c) Security deposit: refund: written request by homeowner required Civ. 798.39(b-c) 12-13 Showing or listing homes: written notice between managers and homeowners Civ. 798.71(a); 799.2 25, 35 Tax lien: notice of sale Civ. 798.56a(e)(2) 21 Termination of tenancy: 60-day notice Civ. 798.55(b)(1) 17 Towing: 7-day notice of management’s intent to remove vehicle Civ. 798.28.5(b)(1) 9 Transfer or selling fee not allowed unless homeowner requests management service 25 Civ. 798.72(a) Utilities: interruption of service: 72-hour notice: posting notice on homes of affected residents Civ. 798.42, 799.7 14, 36 Vehicle towing: 7-day notice by management Civ. 798.28.5(b)(1) FAQ #37 9, 73 Warehouse lien: notice of disposal Civ. 798.56a(e)(2) 21 Written notice not required after resident receives 3 notices in one year for same violation Civ. 798.56(d), 798.56(e)(5) FAQ #22 18, 19, 68 Trees: planting by homeowner: written permission by management required Civ. 798.37.5(d) 12 Trees: removal: notice by homeowner Civ. 798.37.5 12 U.S. Mail or in-person Civ. 798.14 FAQ #3 2, 63 Unlawful occupancy of mobilehome: HCD notice H&S 18550.1 52 Utilities billed separately from rent Civ. 798.41 FAQ #14 14, 66 Utilities: interruption of service: 72-hour advance notice Civ. 798.42 14 120 OMBUDSMAN Public posting of notice Civ. 798.29 9 State Department of Housing and Community Development Civ. 798.29 9 PARK CLOSURE OR CONVERSION 1-year written notice of termination when no local permits are required Civ. 798.80 FAQ #25 31, 69 6-month notice of closure when local permits are required FAQ #25 69 15-day advance written notice by management of public appearance FAQ #25 69 Change of use: definition Civ. 798.10 2 Change from senior park to all-age park FAQ #30, #31 70, 71 Condo-conversion: rent: low-income “non-purchasing” residents FAQ #52 76 Local conversion ordinance FAQ #25 69 Public impact report FAQ #25 69 Relocation costs: determined by the local jurisdiction FAQ #25 69 PARK EMPLOYEES Exemptions from park rules and regulations Civ. 798.23(b) 7 Subject to park rules and regulations Civ. 798.23(a) 7 PARK MANAGER Availability H&S 18603 FAQ #61 52, 78 Less than 50 spaces: not required to be on park premises 24 hours per a day H&S 18603 FAQ #61 52, 78 Manager entry onto lot Civ. 798.15(i)(7), 798.26 FAQ #62 4, 8, 78 for maintenance of trees, etc. Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 Manager entry into home or enclosed accessory structures prior written notice required Civ. 798.26(a) FAQ #62 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 Park with less than 50 spaces not required to be on park premises 24 hours per a day H&S 18603 52, 78 FAQ #61 Resident’s right to “quiet enjoyment” Civ. 798.15(i)(7), 798.26(a), 799.2.5 FAQ #62 4, 8, 35, 78 Right of park management to terminate a tenancy Civ. 798.88 34 PARK OWNER Disclosure of name, etc. Civ. 798.28 FAQ #60 9, 78 PARKING Towing 7-day notice Civ. 798.28.5(b)(1) FAQ #37 9, 73 exemption Civ. 798.28.5(b)(1) FAQ #37 9, 73 health and safety hazard of parked car Civ. 798.28.5(b)(2) FAQ #37 9, 73 parked vehicle: health and safety hazard Civ. 798.28.5(b)(2) FAQ #37 9, 73 signage at entrances of park Civ. 798.28.5(a) FAQ #37 9, 73 121 upon homeowner request Civ. 798.28.5(b)(2) FAQ #37 9, 73 vehicle health and safety hazard Civ. 798.28.5(b)(2) FAQ #37 9, 73 windshield posting Civ. 798.28.5(b)(1) 9 PERMIT TO OPERATE Park permit to operate suspended: collection of rent FAQ #8 64 Zoning or use permit: notifying homeowners notification Civ. 798.27 8 renewal or expiration Civ. 798.27(a)(1) 9 122 PERMITS Alterations, improvements, changes, etc FAQ #50 76 HCD: code enforcement field offices FAQ #50 76 No exceptions FAQ #50 76 Required by homeowner before any structural alterations FAQ #50 76 PETS Assistive animals and service dogs FAQ #35.1 Aggressive breeds prohibited FAQ #36 72 Animal control agency FAQ #36 72 Definition; agreement between management and homeowner Civ. 798.33 FAQ #35 10, 72 Disabled homeowners: right to have an assistive animal FAQ #32 71 Fees for special park pet facilities Civ. 798.33 10 Feral animals are not pets FAQ #36 72 “No pet” rule FAQ #35 72 Pet owner liability FAQ #36 72 Right of homeowner to keep a pet Civ. 798.33 FAQ #35 10, 72 Service dogs; and emotional support or companion animals FAQ #35.1 72 Subject to park rules and regulations Civ. 798.33 FAQ #35 10, 72 POLITICAL CAMPAIGNING Rights and restrictions Civ. 798.15(i)(5), 798.51 FAQ #34 4, 16, 72 Signs, posters, etc. Civ. 798.51(e), 799.10 17, 37 PROPERTY TAXES Abandoned homes: property taxes, liens and unpaid loans Civ. 798.61 FAQ #63.1 22, 79 Accessory structures FAQ #10 64 Homes manufactured after July 1980 FAQ #10 64 Mobilehome property tax separate from park property tax FAQ #10 64 PUBLIC POLLING PLACE Only if authorized by elections official Elect. 12285 53 Rental agreement shall not prohibit Elect. 12285 53 QUIET ENJOYMENT Resident’s right to “quiet enjoyment” Civ. 798.15(i)(7), 798.26(a), 799.2.5 FAQ #62 4, 8, 35, 78 RECREATIONAL VEHICLE PARK 72-hour notice to vacate Civ. 799.43, 799.55–799.58 57, 58 delivery of notice Civ. 799.55 58 removal of RV from park Civ. 799.55-799.59 58 Eviction for non-payment of rent 3-day written notice after 5-day grace period Civ. 799.65 58 Management’s right to terminate or refuse renewal of occupancy Civ. 799.70 59 123 Reasons for termination of tenancy by management Civ. 799.70 59 Rental agreement for occupancy more than 30 days: restrictions Civ. 799.45 57 Right of management to place lien on defaulting/abandoned RVs Civ. 799.75 60 Right of occupant to receive copy of park rules upon registration Civ. 799.44 57 Right of parties in legal actions and proceedings Civ. 799.78-799.79 60 RECREATIONAL VEHICLES Card: every coach must have proof of registration in place H&S 18080.4 FAQ #68 53, 80 Park model is an RV FAQ #63, #64 79 Proof of registration: card in every coach H&S 18080.4 FAQ #68 53, 80 Removal from park upon sale FAQ #63, #64 79 Restrictions in mobilehome parks Civ. 798.22 6 RVs on mobilehome spaces FAQ #39 73 Signage indicating limited occupancy rights in mobilehome parks Civ. 799.46 57 REGISTRATION AND TITLE Add or change name FAQ #67 80 Change or add name FAQ #67 80 Card: every mobilehome must have proof of registration in place H&S 18080.4 FAQ #68 53, 80 Dept. of Housing & Community Development contact information Civ. 798.15(i)(10) FAQ #67, #68 4, 80 Fees and penalties H&S 18122.5 54 Lost, stolen, mutilated or illegible H&S 18108 FAQ #68 53, 80 Lost, stolen, mutilated or illegible: no replacement as long as liens, fees, charges are due 53 H&S 18116.1(c) Proof of registration: card in every mobilehome H&S 18080.4 FAQ #68 53, 80 Registration and title: HCD delinquency notice of fees and penalties H&S 18116.1 53 Registration and title: HCD delinquency notice of fees and penalties: payment program 54 H&S 18116.1(d)(3) Renewals and replacements H&S 18108 FAQ #68 53, 80 Sale of abandoned home Civ. 798.61(e) Veh. 5903 FAQ #63.1 23, 54, 79 Tax clearance certification H&S 18092.7 53 Tax liability certificate: HCD conditional transfer if title H&S 18116.1(d)(4)(A) 54 Title not properly transferred H&S 18122.5 FAQ #68 54, 80 Transfer of registration and title upon sale tax clearance certificate H&S 18092.7 53 replacement H&S 18108 53 liens and unpaid fees H&S 18116.1 53 penalties H&S 18122.5 54 Unlawful occupancy: HCD notice H&S 18550.1 52 REMODELS (IMPROVEMENTS, ALTERATIONS) Park rules and regulations Civ. 798.15(i)(8) 4 Permits required FAQ #50 76 Repairs to home for sale that will remain in park Civ. 798.15(i)(6), 798.73.5 FAQ #63 3, 26, 79 124 RENT 90-day written notice of increase Civ. 798.15(i)(1), 798.30 FAQ #1, #3 3, 10, 63 Back rent charged due to miscalculation: conditions FAQ #4 63 Court ordered fines on parks cannot be passed through on rent Civ. 798.38 12 Disclosure of rent to prospective homeowner Civ. 798.74.5 27 Failure to pay rent: 3-day notice to pay, or leave Civ. 798.56(e) FAQ #21 18, 67 Fee penalty on late rent payment FAQ #9 64 Increases: State of California does not regulate FAQ #1 63 Notice of rent increase Civ. 798.15(i)(1), 798.30; FAQ #3 3, 10, 63 Park permit to operate suspended: collection of rent FAQ #8 64 Property taxes FAQ #10 64 Utilities shut off or interrupted: homeowner cannot adjust rent FAQ #7 64 RENT ASSISTANCE Section 8 rent voucher program FAQ #12 65 Landlord not required to accept rent vouchers FAQ #12 65 RENT CONTROL Base rent after lease has expired Civ. 798.17(c), 798.18(b) FAQ #1 5, 63 City or county authority FAQ #1 63 Condo-conversion: low-income “non-purchasing” residents FAQ# 52 76 Exemptions Civ. 798.17(a)(1) FAQ #1, #18, #20 4, 63, 67 long term leases Civ. 798.17 FAQ #1, #18, #20 4, 63, 67 when mobilehome is not principal residence Civ. 798.21, 798.74.5(a) 6, 28 “Local control issue” FAQ #1 63 Local ordinance Civ. 798.17(a) and (e) FAQ #1 4, 5, 63 No recompensatory fees on rent controlled spaces Civ. 798.17(e) 5 No statewide rent control FAQ #1 63 Separate fees for local jurisdiction fees, assessments, etc Civ. 798.49 15 State of California does not regulate FAQ #1 63 RENTAL/LEASE AGREEMENT 12 months or less Civ. 798.17-798.18 FAQ #18, #20 4-5, 67 12 months or longer Civ. 798.17-798.18 FAQ #1, #18, #20 4-5, 63, 67 30 days for homeowner to accept or reject Civ. 798.17(b) and (f) FAQ #20 4-5, 67 Annual notice of rights and responsibilities Civ. 798.15(i) 3 Coercion to sign long-term lease FAQ #18 67 Description of park physical improvements to be provided Civ. 798.15 2 Extend or renew Civ. 798.17 FAQ #18, #20 4, 67 Foreign language leases FAQ #19 67 In-writing Civ. 798.15 2 Late rent: explanation and discussion Civ. 798.56(e) FAQ #21, #22 18, 67, 68 Length of agreement Civ. 798.17-798.18 FAQ #1, #18, #20 4-5, 63, 67 List of park services and fees Civ. 798.15(f-g) FAQ #2 3, 63 Month-to-month Civ. 798.17-798.18 FAQ #1, #18, #20 4-5, 63, 67 125 Opt out of long term rental agreement Civ. 798.17-798.18 FAQ #18, #20 4-5, 67 Prospective residents FAQ #18 67 Renewal or extension: prohibitions Civ. 798.18 FAQ#18, #20 5, 67 Rent control: exemption Civ. 798.17(a) FAQ #1 4, 63 Return of signed copy to homeowner within 15 days Civ. 798.16(b) 4 Right to inspect Civ. 798.17(b) FAQ #18, #20 4, 67 Rules and regulations included in agreement Civ. 798.15(b) 2 Terms and conditions Civ. 798.15 2 comparable monthly terms Civ. 798.18 FAQ #18, #20 5, 67 Waiver of MRL rights of homeowner prohibited Civ. 798.15(i)(2), 798.19, 798.77 3, 5, 31 RESIDENT-OWNED PARK Advertising of home for sale: conditions Civ. 799.1.5 35 Condo conversion FAQ #52 76 Conversion financial assistance FAQ #52 76 homeowners who prefer to continue to rent, not buy FAQ #52 76 Mobilehome Park Resident Ownership Program (MPROP) FAQ #52 76 Subdivision Map Act FAQ #52 76 Davis-Stirling Act FAQ #54, #55 77 Disabled homeowner’s rights installation of ramps, handrails, etc. Civ. 799.11 37 removal of ramps, handrails, etc., upon sale: right of park owners Civ. 799.11 37 Governing laws FAQ #54, #55 77 Homeowner not required to remove mobilehome upon sale Civ. 799.3 35 Listing of home for sale: rights of homeowner Civ. 799.2 35 Live-in caregivers no fee for live-in caregiver Civ. 799.9(b) 36 no rights of tenancy Civ. 799.9(b) 36 restrictions, allowances in senior-only parks Civ. 799.9(b) 36 Ownership/management approval of prospective buyer rights, restrictions Civ. 799.5 36 senior-only status park Civ. 799.5 36 Political campaign signs: rights, restrictions Civ. 799.10 37 Rights and prohibitions of management to enter onto space Civ. 799.2.5 35 Utility interruption 72-hour prior written notice Civ. 799.7 36 emergency: definition Civ. 799.7 36 RESIDENTS WHO ARE NOT HOMEOWNERS Caregiver living with homeowner Civ. 798.34 10 complying with park rules and regulations Civ. 798.34(c-d) FAQ #40 10, 73 eviction after homeowner dies FAQ #40 73 guest of homeowner FAQ #40 73 minimum allowable age Civ. 798.34(c-d) FAQ #40 10, 73 126 no fee for live-in caregiver Civ. 798.34 10 right of tenancy: conditions Civ. 798.34(c-d) FAQ #40 10, 73 Eviction: 30-day notice FAQ #24 68 Landlord Tenant Law FAQ #24 68 Mobilehome Residency Law protections discussed FAQ #24, #27 68, 70 Sub-lessee complying with park rules and regulations Civ. 798.23.5(b)(3) 7 may be charged a credit screening fee Civ. 798.23.5(b)(2) 7 RULES AND REGULATIONS 6-month written notice of rule change Civ. 798.25(b) FAQ #24, #27, #28 8, 68, 70 60-day notice of rule change to recreational facilities Civ. 798.25(b) FAQ #28 8, 70 Annual notice of rights and responsibilities Civ. 798.15(i) 3 Changes to recreational facilities: notice Civ. 798.25(b) FAQ #28 8, 70 Emergency preparedness plan H&S 18603 52 Enforcement: equal enforcement, discrimination not allowed FAQ #29 70 Failure to comply Civ. 798.15(i)(3-4), 798.56 FAQ #22 3, 18, 68 Homeowners’ consent not required for rule change Civ. 798.25(b), (d) FAQ #28 8, 70 Manager meeting with homeowners on proposed change Civ. 798.25(a) FAQ #28 8, 70 MRL: state laws prevail over park rules FAQ #26 69 Notice of changes Civ. 798.25 FAQ #28 8, 70 60-day written notice Civ. 798.25(b), (d) FAQ #28 8, 70 Occupancy standard FAQ #33 71 Park employees required to abide FAQ #28 70 Pets (see Pets) Reasonable: definition FAQ #28 70 Required contents of rental agreement Civ. 798.15 2 State law (Mobilehome Residency Law) prevails over park rules FAQ #26 69 Void Civ. 798.25.5 8 Violations public nuisance Civ. 798.87 33 temporary restraining order Civ. 798.88(b-c) 34 SALE OF MOBILEHOME PARK Dislocation of residents FAQ #25 69 Homeowners’ association: intent to buy park, but no right of first refusal Civ. 798.80 FAQ #53 31, 76 Notice not required Civ. 798.80(b) FAQ #25 32, 69 Notice to homeowners association Civ. 798.80 FAQ #25, #52 31, 69, 76 Park owner not obligated to notify residents Civ. 798.80(b) FAQ #25 32, 69 Right of first refusal: restrictions, discussion Civ. 798.80 FAQ #53 32, 76 SALE OF PRE-OWNED MOBILEHOME Abandoned home 30-day posting notice Civ. 798.61(b) 22 60-day limit for homeowner to claim their home Civ. 798.36(b)(3) 11 127 auction or sale: funds received Civ. 798.36(b)(4) 11 county tax collector: management must notify Civ. 798.56a(e)(2)(A), 798.61(e)(1)(B) FAQ #63.1 21, 23, 79 definition Civ. 798.61(a) 22 lien holders: rights and restrictions Civ. 798.56a FAQ #63.1 20, 79 notice of abandonment Civ. 798.61(b) FAQ #63.1 22, 79 procedures Civ. 798.61 Veh. 5903 FAQ #63.1 22, 54, 79 property taxes, liens and unpaid loans Civ. 798.61 FAQ #63.1 22, 79 release from bankruptcy Civ. 798.56a(d) 20 release from license fees and taxes Civ. 798.56a(e)(2)(A) 21 management must notify county tax collector within 10 days Civ. 798.56a(e)(2)(A) 21 sale of abandoned home Civ. 798.61(e) Veh. 5903 FAQ #63.1 23, 54, 79 transfer of Title and Registration Veh. 5903 FAQ #63.1 54, 79 within 20 days Civ. 798.61(e)(4) 23 warehouse lien Civ. 798.56a(e) FAQ #63.1 20, 79 written notification Civ. 798.36(b)(3) 11 Approval of buyer by management Civ. 798.74 FAQ #65 27, 80 15-days for management to accept or reject buyer Civ. 798.74(a) 27 fee for credit report: refund or deduction from rent Civ. 798.74(b) 27 not contingent on manager-agent for sale of home Civ. 798.81 32 qualifications of buyer: tenant financial history Civ. 798.74 FAQ #65 27, 80 rights of park management Civ. 798.74 FAQ #65 27, 80 “As-is”: restrictions FAQ #69 80 Bureau of Real Estate: license FAQ #63.1 79 Buyer approval of buyer by management Civ. 798.74 FAQ #65 27, 80 15-days for management to accept or reject buyer Civ. 798.74(a) 27 fee for credit report: refund or deduction from rent Civ. 798.74(b) 27 not contingent on manager-agent for sale of home Civ. 798.81 32 qualifications of buyer: tenant financial history Civ. 798.74 FAQ #65 27, 80 rights of park management Civ. 798.74 FAQ #65 27, 80 Caregiver inherits home Civ. 798.78 FAQ #40, #66 31, 73, 80 Dealer’s license FAQ #63.1 79 Disclosure of condition of mobilehome may not be waived in “as is” sale Civ. 1102.1(a) FAQ #69 38, 80 natural hazards on residential property reporting obligations of agent or transferor Civ. 1103-1103.2 44-46 Disclosure Statement Form Civ. 1103.2 46 obligations of seller or seller’s agent H&S 18025, 18046 FAQ #69 50, 51, 80 required by all sellers: agents, as well as private party Civ. 1102.1(a) FAQ #69 38, 80 right of HCD to enforce health and safety H&S 18025(a) 50 right to rescind offer after delivery of disclosure statement Civ. 1102.3a(c) 39 Transfer Disclosure Form Civ. 1102.6d FAQ #69 39, 80 transfer fee: notice Civ. 1102.6e 44 transfers: conditions and restrictions Civ. 1102.1; FAQ #69 38, 80 Disclosure of rent to prospective homeowner Civ. 798.74.5 27 128 For-Sale signs Civ. 798.70, 799.1.5 24, 35 HCD-licensed dealer and realtor’s license FAQ #63.1 79 Heirs Civ. 798.78 FAQ #40, #66 31, 73, 80 Homeowner may be required to advise management first Civ. 798.71(a)(2) FAQ #70 25, 81 Homeowner not required to move mobilehome upon sale: conditions Civ. 798.73 FAQ #63 26, 79 Homeowner not required to use specific broker or dealer Civ. 798.71 25 Homeowner’s right to sell in park Civ. 798.71 FAQ #63 25, 79 Inspections, repairs: homeowner responsible FAQ #63 79 Illegal sales FAQ #63.1 79 Listing: right to advertise home address to general public Civ. 798.71(b) 25 Management showing or listing for sale: homeowner’s written permission required 25 Civ. 798.71(a)(1) Park owner right of first refusal Civ. 798.19.5 FAQ #70 5, 81 Realtor’s license and HCD-licensed dealer FAQ #63.1 79 Registration and title transfer tax clearance certificate H&S 18092.7 53 replacement H&S 18108 53 liens and unpaid fees H&S 18116.1 53 penalties H&S 18122.5 54 Removal upon sale: conditions Civ. 798.73 FAQ #66 26, 80 management discretion in determining condition Civ. 798.73 FAQ #66 26, 80 old or in disrepair: specifications Civ. 798.73(d) FAQ #66 26, 80 Repairs to home for sale that will remain in park Civ. 798.73.5 FAQ #66 26, 80 homeowner’s obligation to repair park-owned property Civ. 798.83 33 management notice to homeowner Civ. 798.73.5(b) FAQ #66 26, 80 Resale disclosure form Civ. 1102.6d FAQ #69 39, 80 Rights of homeowner to list home for sale without prohibitions Civ. 798.81 32 to list home address to general public Civ. 798.71(b) 25 Selling or transfer fee: prohibitions, restrictions Civ. 798.72 25 Sign displayed on mobilehome Civ. 798.70 24 Title and registration transfer tax clearance certificate H&S 18092.7 53 replacement H&S 18108 53 liens and unpaid fees H&S 18116.1 53 penalties H&S 18122.5 54 Transfer Disclosure Statement Civ. 1102.6d FAQ #69 39, 80 Upon repossession Civ. 798.79 31 SECURITY DEPOSIT Upon initial occupancy only Civ. 798.39(a) FAQ #6 12, 64 Refund upon written request, with restrictions Civ. 798.39(b-c) FAQ #6 12-13, 64 When park is sold or closes Civ. 798.39(d-e) 13 129 SENIOR PARK 55 and older; 62 and older Civ. 798.76, 799.5 FAQ #30, #31 31, 36, 70, 71 Adult Protective Services agency FAQ #32.1 71 Conditions, requirements Civ. 798.76, 799.5 FAQ #30, #31 31, 36, 70, 71 Elimination of services FAQ #30 70 Fair Housing Amendments Act FAQ #30 70 Live-in caregiver Civ. 798.34, 799.9 10, 36 Restrictions Civ. 798.76, 799.5 FAQ #30, #31 31, 36, 70, 71 SPACE MAINTENANCE 14-day written notice of violations Civ. 798.36(a) 11 Cost: liability of homeowner Civ. 798.36(b)(2) FAQ#48, #49 11, 75 Homeowner to clean-up, etc. Civ. 798.36(a) FAQ #45, #49 11, 74, 75 Management removal of homeowner property Civ. 798.36 11 Manager entry onto lot Civ. 798.15(i)(7), 798.26 FAQ #62 4, 8, 78 for maintenance of trees, etc Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 Manager entry into home or enclosed accessory structures prior written notice required Civ. 798.26(a) FAQ #62 8, 78 in case of emergency or abandonment of home by owner Civ. 798.26(b) FAQ #62 8, 78 Fire prevention FAQ #45 74 Statement of specific conditions and cost estimate Civ. 798.36 11 SUBLEASING Homeowner liable for park rent and other charges Civ. 798.23.5(b)(4) 7 may be evicted if sublessee fails to comply with park rules Civ. 798.23.5(b)(3) 7 rent charged by homeowner Civ. 798.23.5(c) 7 Minimum/maximum terms Civ. 798.23.5(b)(1) 7 Park rules Civ. 798.23.5(b)(3) FAQ #38 7, 73 Security deposit Civ. 798.23.5(b)(6) 7, 72 Sub-lessee complying with park rules and regulations Civ. 798.23.5(b)(3) 7 may be charged a credit screening fee Civ. 798.23.5(b)(2) 7 While homeowner is away on medical treatment Civ. 798.23.5(a)(2) FAQ #38 7, 73 TAXES Annual property taxes Civ. 798.15(i)(9-10) 4 Homes manufactured after July 1980 FAQ #10 64 Mobilehome property tax separate from park property tax FAQ #10 64 Property tax on accessory structures FAQ #10 64 Tax liability certificate: HCD conditional transfer if title H&S 18116.1(d)(4)(A) 54 Vehicle License Fee (VLF) FAQ #10 64 130 TENANCY Abandoned homes: property taxes, liens and unpaid loans Civ. 798.61 FAQ #63.1 22, 79 Heirs caregivers FAQ #40 73 rights, restrictions on tenancy or sale of mobilehome Civ. 798.78 FAQ #40, #66 31, 73, 80 right of legal owner to list mobilehome for sale Civ. 798.78, 798.81 FAQ #40, #66 31, 32, 73, 80 management’s right to require removal of mobilehome Civ. 798.78(b) FAQ #66 31, 80 no guarantee of park tenancy/right to apply Civ. 798.78(d) FAQ #66 31, 80 Quiet enjoyment Civ. 798.15(i)(7), 798.26(a) FAQ #62 4, 8, 78 Renewal of tenancy: rights, prohibitions, exceptions Civ. 798.15(i)(3) FAQ #20 3, 67 Rights of residents: notice Civ. 798.15(i) FAQ #18 3, 67 Resident’s notice of vacating of tenancy: not less than 60 days Civ. 798.59 22 Termination 7 authorized reasons Civ. 798.56 FAQ #22 18, 68 60 days’ notice Civ. 798.55(b)(1) FAQ #22 17, 68 Waiver of MRL rights prohibited Civ. 798.15(i)(2), 798.19 3, 5 TITLE AND REGISTRATION Add or change name FAQ #67 79 Card: every mobilehome must have proof of registration in place H&S 18080.4 FAQ #68 53, 80 Change or add name FAQ #67 80 Dept. of Housing & Community Development contact information Civ. 798.15(i)(10) FAQ#67, #68 4, 80 fees and penalties H&S 18122.5 54 lost, stolen, mutilated or illegible H&S 18108 FAQ #68 53, 80 lost, stolen, mutilated or illegible: no replacement as long as liens, fees, charges are due 53 H&S 18116.1(c) Proof of registration: card in every mobilehome H&S 18080.4 FAQ #68 53, 80 registration and title: HCD delinquency notice of fees and penalties H&S 18116.1 53 registration and title: HCD delinquency notice of fees and penalties: payment program 54 H&S 18116.1(d)(3) renewals and replacements H&S 18108 FAQ #68 53, 80 tax clearance certification H&S 18092.7 53 tax liability certificate: HCD conditional transfer if title H&S 18116.1(d)(4)(A) 54 title not properly transferred H&S 18122.5 FAQ #68 55, 80 Transfer of registration and title upon sale tax clearance certificate H&S 18092.7 53 replacement H&S 18108 53 liens and unpaid fees H&S 18116.1 53 penalties H&S 18122.5 54 Unlawful occupancy: HCD notice H&S 18550.1 52 TOWING 7-day notice Civ. 798.28.5(b)(1) FAQ #37 9, 73 exemption Civ. 798.28.5(b)(1) FAQ #37 9, 73 Parked vehicle: health and safety hazard Civ. 798.28.5(b)(2) FAQ #37 9, 73 131 Signage at entrances of park Civ. 798.28.5(a) FAQ #37 9, 73 Upon homeowner request Civ. 798.28.5(b)(2) FAQ #37 9, 73 Vehicle health and safety hazard Civ. 798.28.5(b)(2) FAQ #37 9, 73 Windshield posting Civ. 798.28.5(b)(1) 9 TRAFFIC 15 mph unless otherwise posted Veh 21107.9(d) 55 Local law enforcement agency not required to enforce speed limit Veh 21107.9(e) 55 Signage, markings and traffic devices: management rights Veh 21107.9(a) 55 TREES Common areas: management responsible Civ. 798.15(d), 798.37.5(b) FAQ #48 3, 12, 75 No tree-planting without prior written permission from manager Civ. 798.37.5(d) 12 Not applicable to leases in effect prior to 1/1/2001 Civ. 798.37.5(e) 12 Responsibility of homeowner Civ. 798.37.5(d) FAQ #48 12, 75 Responsibility of management in case of health hazard Civ. 798.37.5(a) FAQ #48 12, 75 dispute: inspection to determine who is liable Civ. 798.37.5(a) FAQ #48 12, 75 Written permission required from management to plant a tree Civ. 798.37.5(d) 12 UNLAWFUL OCCUPANCY Illegal installation H&S 18550 52 Illegal utility hook-up H&S 18550 52 Not legally registered tenant H&S 18550.1 FAQ #63.1, #66 52, 79, 80 Structurally unsound H&S 18550 52 Unsafe or unsanitary H&S 18550 52 UTILITIES 72-hour written advance notice of interruption of service Civ. 798.42 14 Cable tv fee for actual service, per 60-day notice by park Civ. 798.32(a) FAQ #15 9, 66 “not an essential utility” FAQ #15 66 satellite dish: park rules FAQ #15 66 California Public Utilities Commission: complaints service FAQ #13, #16 66 Call before digging FAQ #17 66 CARE (Calif. Alternate Rates for Energy Program) public posting of CARE information Civ. 798.43.1(a) FAQ #13 15, 65 Public Utilities Code §739.1 Civ. 798.43.1(a) 15 right of homeowner to obtain necessary information Civ. 798.43.1 FAQ #13 15, 65 Charges separate from rent owed Civ. 798.41 FAQ #14 14, 66 Common area utility charges billed to homeowner: disclosure Civ. 798.43 14 Cost of utilities separately itemized on monthly billing Civ. 798.41 FAQ #14 14, 66 Definition of “emergency” interruption of service Civ. 798.42 14 Disputed charges FAQ #13, #16 65, 66 Liquefied petroleum gas sales by management Civ. 798.44 15 not applicable to RV parks Civ. 798.44(c) 15 132 restrictions on homeowner installation Civ. 798.44(e) 15 Low income homeowners assistance Civ. 798.43.1 FAQ #13 15, 65 No-Dig law FAQ #17 66 Overcharges FAQ #16 66 Public posting of rate schedule Civ. 798.40(a) FAQ #13 13, 65 Separately stated if not listed in rental agreement Civ. 798.32(b) FAQ #14 10, 66 Shut-off or interruption filing an emergency complaint FAQ #7 64 homeowner not allowed to adjust rent FAQ #7 64 Third-party billing agent: disclosure of name, address, etc Civ. 798.40(b) FAQ #13 13, 65 Unexplained charges: enforcement FAQ #16 66 Water public posting of rates FAQ #13, #16 65, 66 rate, delivery enforcement FAQ #13, #16 65, 66 VEHICLE LICENSE FEE In lieu of property taxes, on pre-July 1980 homes FAQ #10 64 VEHICLE REMOVAL 7-day notice Civ. 798.28.5(b)(1) FAQ #37 9, 73 exemption Civ. 798.28.5(b)(1) FAQ #37 9, 73 Health and safety hazard of parked car Civ. 798.28.5(b)(2) FAQ #37 9, 73 Signage at entrances of park Civ. 798.28.5(a) FAQ #37 9, 73 Upon homeowner request Civ. 798.28.5(b)(2) FAQ #37 9, 73 Windshield posting Civ. 798.28.5(b)(1) FAQ #37 9, 73 WARRANTY 1 year + 10 days FAQ #71 80 Independent contractor: liability FAQ #71 80 New home defects FAQ #71 80 Ombudsman (HCD) FAQ #71 80 133 NOTES 1479-s Additional copies of this publication may be purchased for $4.25 per copy Price includes shipping and handling; please include current California sales tax. Senate Publications & Flags 1020 N Street, Room b-7 Sacramento, ca 95814 916.651.1538 Make checks payable to senate rules committee. Credit cards not accepted. Please include stock number 1479-s when ordering. 22 From:Symens, Sadie Sent:Tuesday, October 7, 2025 9:28 AM To:Tway, Timothea (Timmi); Mezzapesa, John Subject:Administrative appeal decision on South Peak Mobile Home Park Attachments:Decision - Citation 00040264.pdf BCC: Council All Dear Council and staff, As you may recall, South Peak Mobile Home Park was issued a citation for a violation of the City’s Mobile Home Park Rent Stabilization Ordinance, SLMC 5.44.060(C), on July 23, 2025. South Peak timely appealed the citation, and hearing officer Alex Karlin has overturned the citation, finding that the resident’s 20-year lease exempted her tenancy from the protections of the MHPRSO, including section 5.44.060(C), rent increases upon change of ownership. The decision is attached. Our office will be serving appellant with the decision today. Please let me know if you have any questions. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 1 DECISION WITHOUT IN-PERSON HEARING ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of Village Properties LLC a CA LLC/Harmony Community 1. Citation number: 00040264 2. Location of charged violation: 145 South Street, San Luis Obispo, CA 93401 3. APN: 004-802-020 4. Date of charged violation: June 20, 2025 5. Name of charged Violator/Appellant: Village Properties LLC a CA LLC/Harmony Community 6. Representative of Appellant: Jason Dilday, Attorney 7. Description of charged violation a. SLO City Municipal Code section: 5.44.060(C) b. Description of charged violation: Base Space Rent – Determination Allowable Increases Without Hearing c. Fine Assessed: $100 8. Date of Hearing: The Appellant waived its right to a hearing. Therefore, this decision has been made on the record. 9. Name of Hearing Officer: Alex S. Karlin 10. PROCEDURAL POSTURE AS REFLECTED IN THE RECORD On May 30, 2025, Sadie Symens, Deputy City Attorney for the City of San Luis Obispo, CA sent a letter to the Appellant and Judy Tsai, attorney, notifying them that the City considered the Appellant’s “proposed increase in the space rent for space 28 at South Peak Mobile Home Park by 108% would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance.” (May 30 Letter). Ms. Symens said the Appellant was in violation of Section 5.44.060(C) of the San Luis Obispo Municipal Code (SLOMC 5.44.060(C)). On June 24, 2025, Rami Salem, Code Enforcement Officer & Safe Housing Coordinator for the City of San Luis Obispo, CA sent a Notice to Correct Code Violation(s)/Notice of Violation (June 24 NOV) to the Appellant stating that the Appellant was in violation of SLOMC 5.44.060(C) and asking the Appellant to correct the violation immediately. On June 26, 2025, the Appellant requested a Director’s review of the June 24 NOV. On July 10, 2025, John Mezzapesa, Interim Deputy Building Official for the City of San Luis Obispo, CA sent a Director’s Decision After Review of Notice to Correct/Notice of Violation to the Appellant’s representative, Matthew Davies. (July 10 Director’s Decision). The decision 2 analyzed and rejected the Appellant’s reasoning and arguments and instructed the Appellant to “take action to correct the code violation(s) immediately.” On July 23, 2025, the City of San Luis Obispo issued Citation 00040264 to the Appellant, citing it with violating SLOMC 5.44.060(C), ordering it to correct the violation immediately, and imposing a $100 fine. (Citation). The Citation alleged that the date of the violation was June 20, 2025. On July 29, 2025, the Appellant appealed the Citation (Appeal). The Appeal stated that there was no violation of SLOMC 5.44.060(C) and raised three primary arguments. First, that there had been a “change of ownership resulting from the vacation of the space” and therefore the rent increase was legal. Second, that the unit in space A28 “is an RV, not a mobile home” and therefore that the City’s Mobile Home Part Rent Stabilization Ordinance (specifically SLOMC 5.44.060(C)) is not applicable. Third, that “Ms. Valentines A28 tenancy was the product of a 20- year lease” and thus exempt from SLOMC 5.44.060(C) pursuant to SLOMC 5.44.030(E). On September 19, 2025, Mr. Jason Dilday, attorney, filed a brief herein on behalf of the Appellant. (Appellant’s Brief). The Appellant’s brief raised the same three arguments reflected in the Appeal and included six exhibits (A through F). On September 23, 2025, J. Christine Dietrick and Sadie Symens (City Attorney and Deputy City Attorney, respectively, for the City of San Luis Obispo, CA) filed a brief in support of the Citation (City’s Brief). The City’s Brief included two “Figures,” including a photo of Linda Valentines unit sitting in space A28, and one Attachment. [I note that, on September 28, 2025, Mr. Matt Davies sent an email to me on behalf of the Appellant and responding to the City’s Brief. (Davies Email). The Davies Email argued that the City’s Brief “it is full of falsehoods and half-truths,” raised entirely new arguments not previously reflected in the Appellant’s filings and not raised in the Appellant’s brief, and argued that “the city makes hearsay arguments that are not backed up by any documentation.” Inasmuch as the Davies Email was filed after the record in this proceeding was closed and shows no indication that it was ever cc’d or otherwise shared with the City Attorney’s Office (or indeed even shared with the Appellant’s own attorney), it is not part of the record in this case and will not be considered.] 11. FINDINGS OF FACT Based on the administrative record in this matter I find the relevant facts to be as follows: The Appellant owns and operates the South Peak Mobile Home Park (SPMHP), located at 145 South Street in San Luis Obispo. Appellant’s Brief P2. SPMHP is a mobile home park within the meaning of SLOMC 5.44.020(B). On July 13, 2023, the Appellant (or its predecessor) signed a “Long Term Rental Agreement” with Ms. Linda Valentine and Ms. Vanessa Valentine leasing Space A28 to them for 20 years. Appellant’s Exhibit A. (Hereinafter “20 Year Lease”). Both Valentines signed as “homeowner.” The 20 Year Lease sets Base Rent of $695 per month for the first year (section 1.3) and specifies that thereafter the rent will increase no less than 3.95%, nor more than 9% over prior year’s rent “if the term of the Agreement . . . is a 20 year term.” (section 5.1). The following statement is at the top of the first page of the 20 Year Lease “THIS LONG-TERM RENTAL 3 AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED.” Meanwhile, on July 10, 2023, Appellant or its predecessor) executed a “Home Purchase Agreement” with Linda Valentine selling her a “home” described cryptically as a “2018 Champion” serial number 1c912353j1324285. Appellant’s Exhibit C. The record includes a copy of a California Department of Moter Vehicles Registration Card for the same 2018 Champion, characterizing it as a “vehicle,” specifically as a “TRAILER.” Appellant’s Exhibit B. The DMV registration is valid from 2018 to 2019. There is no evidence as to whether it is currently registered as a “vehicle” with DMV. According to the City, it did a recent (undated) search of the website of the California Department of Housing and Community Development (HCD) which research showed the SPMHP as having 75 spaces for mobile homes and zero spaces for recreational vehicles (RVs). City Brief, Figure 1. The evidence also includes an undated photograph of “Linda Valentine’s mobile home parked in Space 28.” City Brief, Figure 2. The record reflects, that sometime in 2024 or 2025, a dispute apparently arose between the Appellant and the Valentines. The City’s Brief contains a long passage referencing this dispute. City’s Brief P 4-5. There seems to have been an “unlawful detainer stipulation, an eviction attempt, an “eviction settlement agreement,” a “termination of tenancy” and maybe another “stipulation agreement.” I am not able to sort it out. The record herein also includes a strange document titled “Information for Prospective Homeowners” that says that “if you are approved for tenancy” the monthly rent will be $1595 for “space A28.” City’s Brief, Attachment A. The City uses this figure as the basis for asserting that the Appellant is proposing a 108% increase in rent ($1,595 being 108% of the then current rent of $767.91). City’s Brief P 6. Attachment A contains a signature space for the Park Manager of SPMHP, but it is not signed. It is dated May 1, 2025. Suffice it to say, this case does not involve resolving any of those issues. The City maintains that these wranglings and documents amount to the termination of the 20 Year Lease and the creation of a new short-term lease. More on that anon. The evidence also includes a copy of a June 6, 2025, email from Evan Harris, a Staff Attorney with California Rural Legal Assistance Inc, to Melissa Lawley, Judy Tsai, and Jessica Lu regarding “South Peak v. Valentine.” Appellant’s Brief, Exhibit D. In it, Mr. Harris states “Ms. Valentine has officially vacated the unit, the unit is now unoccupied, and all of her belongings have been removed.” He goes on to assert “she retains ownership and access to the property.” Mr. Harris appears to be representing Ms. Valentine in South Peak v. Valentine. I infer that he is representing LINDA Valentine. See Appellant’s Brief P2. Thus, while the evidence shows that at some point Ms. Linda Valentine vacated the “unit” i.e., the 2018 Champion, there is no indication in the record that the 2018 Champion itself has ever been removed from Space A28. Finally, the administrative record reflects that Ms. Valentine is attempting to sell the 2018 Champion but does not indicate whether she has succeeded or whether there has been a “change of ownership.” 4 12. KEY PROVISIONS OF LAW The San Luis Obispo Mobile Park Rent Stabilization Ordinance at SLOMC 5.44.060(C) states, in pertinent part: The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting the 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 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.” Emphasis added. SLOMC 5.44.030(E) states, in pertinent part: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: (E) Tenancies covered by leases or contracts which provide for a tenancy of more than year, but only for the duration of such lease or contract.” 13. LEGAL ANALYSIS AND CONCLUSIONS The Appellant argues that SLOMC 5.44.060(C) does not apply to this case for three independent reasons. I will address each in turn. A. Whether the Unit on Space A28 is a “Mobile Home” The Appellant contends that the object sitting in space A28 (a “Champion 18”) is a recreational vehicle (RV) and not a “mobile home” and thus not subject to the rent control strictures of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance, SLOMC 5.44.060(C). Appellant correctly notes that the mobile home ordinance never defines the term “mobile home.” Further, the California DMV issued a vehicle registration for the Champion 18 in 2018-2019, describing it as a “vehicle – trailer.” The City argues that the Champion 18 is a mobile home, that the Appellant’s operation at 145 South Street is denominated and regulated as a mobile home park, that the Appellant has treated it as a mobile home, that it meets the purposes and intent of the City ordinance, and that the ordinance does not define or exclude RV’s from also being a mobile home. Further, the City argues that: “Mobilehome under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types . . 5 which are used for human habitation if . . . the trailer or other recreational vehicle occupies a mobile home site for nine or more continuous months. Although the unit does not appear to meet the definition of an RV under Health and Safety Code 18010, even if it did, it would still be considered a mobile home since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease.” City’s Brief P3. For reasons set forth by the City, I conclude that the unit that is sitting in Space A28 in the South Peak Mobile Home Park is a “mobile home” and is subject to the letter and spirit of SLOMC 5.44.060(C). The 20 Year Lease specifies that the Valentines are “Homeowners,” and uses the terminology of “home,” “homeowner,” “housing,” and “mobile home” throughout. The Valentines signed the lease as “homeowners.” Even the Home Purchase Agreement refers to the unit (Champion 2018) as a “home.” The name of the Appellant’s operation at 145 South Street is “South Peak Mobile Home Park” It is regulated by the City as a mobile home park. The photograph submitted by the City (City’s Brief, Figure 2), shows that the unit is firmly planted on space A28. And, even if the unit is in some sense movable (i.e., “mobile”) that does not mean that it cannot be both a mobile home and an RV. And even if it is an RV, given that the unit has occupied Space A28 for nine or more continuous months, it is a mobile home for purposes of State law and SLOMC 5.44.060(C). B. Whether there has been a “change of ownership resulting from vacation of the space” Appellant next argues that since Ms. Valentine no longer lives in the mobile home, space A28, there has been a “change of ownership resulting in a vacation of the space” pursuant to the fourth sentence of SLOMC 5.44.060(C), entitling the landlord to increase the rent to fair market value. For reasons set forth by the City, I reject the Appellant’s argument. The plain language of the ordinance refers to a “vacation of the space.” Here, the “space” is space A28, a piece of real estate. The 20 Year Lease speaks in terms of “space.” The entire scheme of SPMHP is that the Appellant owns the land and leases the land to the homeowner/tenant who places a mobile home on the space or RE lot designated by the Appellant. Vacating the mobile home does not constitute vacating the space. Appellant contends that the foregoing construction “would render the provision meaningless, as a ‘new unit . . . owned by a new owner’ means there would never be a ‘change of ownership resulting from a vacation.’” I disagree. The Appellant disregards the fact that this portion of SLOMC 5.44.060(C) could reasonably apply to the situation in which a mobile home is removed from a space, i.e., vacates the space, and a new mobile home with a new owner moves into the space. Meanwhile, the Appellant’s interpretation could lead to the absurd conclusion that whenever the homeowner walks out her front door, there has been a “vacation” that renders her subject to a FMV rent increase. C. Whether the Long-Term Lease Exemption applies The Appellant’s third primary argument is that SLOMC 5.44.030(E) expressly exempts “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but 6 only for the duration of such lease or contract.” Appellant says the 20 Year Lease “qualifies unequivocally” under this exemption. The lease term is for 20 years. The lease begins with a prominent, boldface, all capital letters assertion that “THIS LONG-TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44.” The City counters by arguing that the circumstances surrounding the apparent legal disputes between Ms. Valentine and the Appellant mean, that somewhere in the melee, the 20 Year Lease was terminated and that, because the Appellant had permitted Ms. Valentine to continue to occupy the mobile home for a temporary and short time before evacuating, her lease had been converted to a short term one to which SLOMC 5.44.030(E) is not applicable. Indeed, the City says that on August 20, 2025 (long after the legal disputation of the lease began and after June 20, 2025, the date of the alleged violation) the Appellant served a notice of “termination of tenancy” on Ms. Valentine. City’s Brief P5. This notice, the City contends, dissolved the long- term lease and started a new short-term lease. This document came among many others during the squabbles. On this basis, the City argues that SLOMC 5.44.030(E) is not applicable, that SLOMC 5.44.060(C) governs, and that the Appellant is prohibited from raising the rent to FMV.. The Appellant counters that its proposed rental increase upon change of ownership of the mobile home is authorized by the 20 Year Lease and falls within the scope of SLOMC 5.44.030(E). Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Appellant adds that section 21.1. of the lease mandates assignment of the lease upon the sale of the mobile home. Thus, Appellant argues that the sale of the mobile home by Ms. Valentine did not create a new lease or tenancy, because the 20 Year Lease is mandatorily assigned to the new tenant. The City’s final argument is that the exemption for long term leases under SLOMC 544.030(E) “was a requirement under state law [cites omitted] and that as of January 1, 2025, state law no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinances.” City’s Brief P5. For reasons set forth by the Appellant, I conclude that the exemption set forth in SLOMC 5.44.030(E) applies here. Ms. Valentine signed a long term lease and long term leases are explicitly exempt from the rent control ordinance. I decline to conclude that some sort of de facto short-term lease, subject to the strictures of the City’s ordinance, arose out of the ashes of the Appellant-Valentine dispute and thus vitiated the terms of the 20 Year Lease. The fact that the City enacted the SLOMC 5.44.030(E) exemption because it was imposed by state law, and that the state law now no longer requires this exemption, does not change my analysis. (It would seem that, given the change in state law effective January 1, 2025, the City could now amend its ordinance and eliminate SLOMC 5.44.030(E)). 14. RULING Based on the evidence, statements, and briefs provided by all parties, the Administrative Citation is Revoked. No fine is due. Signed by: Hearing Officer Alex S. Karlin on October 6, 2025. 23 From:Zion, Sarah Sent:Tuesday, October 7, 2025 8:59 AM To:Symens, Sadie Subject:RE: South Peak Mobile Home Decision Attachments:Decision - Citation 00040264.pdf Here’s the PDF version of the decision. From: Zion, Sarah Sent: Tuesday, October 7, 2025 8:34 AM To: Symens, Sadie <SSymens@slocity.org> Subject: South Peak Mobile Home Decision Hi Sadie, Alex has issued his decision, attached. It has not been sent to the appellant yet, I will work with Amel to get it sent out today. Once the decision notice has been sent, I’ll share it with CDD. The appellant also reached out to Alex Karlin regarding the appeal, which was not shared with our office. That communication is attached, but Alex did not consider it when making his decision. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 1 DECISION WITHOUT IN-PERSON HEARING ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of Village Properties LLC a CA LLC/Harmony Community 1. Citation number: 00040264 2. Location of charged violation: 145 South Street, San Luis Obispo, CA 93401 3. APN: 004-802-020 4. Date of charged violation: June 20, 2025 5. Name of charged Violator/Appellant: Village Properties LLC a CA LLC/Harmony Community 6. Representative of Appellant: Jason Dilday, Attorney 7. Description of charged violation a. SLO City Municipal Code section: 5.44.060(C) b. Description of charged violation: Base Space Rent – Determination Allowable Increases Without Hearing c. Fine Assessed: $100 8. Date of Hearing: The Appellant waived its right to a hearing. Therefore, this decision has been made on the record. 9. Name of Hearing Officer: Alex S. Karlin 10. PROCEDURAL POSTURE AS REFLECTED IN THE RECORD On May 30, 2025, Sadie Symens, Deputy City Attorney for the City of San Luis Obispo, CA sent a letter to the Appellant and Judy Tsai, attorney, notifying them that the City considered the Appellant’s “proposed increase in the space rent for space 28 at South Peak Mobile Home Park by 108% would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance.” (May 30 Letter). Ms. Symens said the Appellant was in violation of Section 5.44.060(C) of the San Luis Obispo Municipal Code (SLOMC 5.44.060(C)). On June 24, 2025, Rami Salem, Code Enforcement Officer & Safe Housing Coordinator for the City of San Luis Obispo, CA sent a Notice to Correct Code Violation(s)/Notice of Violation (June 24 NOV) to the Appellant stating that the Appellant was in violation of SLOMC 5.44.060(C) and asking the Appellant to correct the violation immediately. On June 26, 2025, the Appellant requested a Director’s review of the June 24 NOV. On July 10, 2025, John Mezzapesa, Interim Deputy Building Official for the City of San Luis Obispo, CA sent a Director’s Decision After Review of Notice to Correct/Notice of Violation to the Appellant’s representative, Matthew Davies. (July 10 Director’s Decision). The decision 2 analyzed and rejected the Appellant’s reasoning and arguments and instructed the Appellant to “take action to correct the code violation(s) immediately.” On July 23, 2025, the City of San Luis Obispo issued Citation 00040264 to the Appellant, citing it with violating SLOMC 5.44.060(C), ordering it to correct the violation immediately, and imposing a $100 fine. (Citation). The Citation alleged that the date of the violation was June 20, 2025. On July 29, 2025, the Appellant appealed the Citation (Appeal). The Appeal stated that there was no violation of SLOMC 5.44.060(C) and raised three primary arguments. First, that there had been a “change of ownership resulting from the vacation of the space” and therefore the rent increase was legal. Second, that the unit in space A28 “is an RV, not a mobile home” and therefore that the City’s Mobile Home Part Rent Stabilization Ordinance (specifically SLOMC 5.44.060(C)) is not applicable. Third, that “Ms. Valentines A28 tenancy was the product of a 20- year lease” and thus exempt from SLOMC 5.44.060(C) pursuant to SLOMC 5.44.030(E). On September 19, 2025, Mr. Jason Dilday, attorney, filed a brief herein on behalf of the Appellant. (Appellant’s Brief). The Appellant’s brief raised the same three arguments reflected in the Appeal and included six exhibits (A through F). On September 23, 2025, J. Christine Dietrick and Sadie Symens (City Attorney and Deputy City Attorney, respectively, for the City of San Luis Obispo, CA) filed a brief in support of the Citation (City’s Brief). The City’s Brief included two “Figures,” including a photo of Linda Valentines unit sitting in space A28, and one Attachment. [I note that, on September 28, 2025, Mr. Matt Davies sent an email to me on behalf of the Appellant and responding to the City’s Brief. (Davies Email). The Davies Email argued that the City’s Brief “it is full of falsehoods and half-truths,” raised entirely new arguments not previously reflected in the Appellant’s filings and not raised in the Appellant’s brief, and argued that “the city makes hearsay arguments that are not backed up by any documentation.” Inasmuch as the Davies Email was filed after the record in this proceeding was closed and shows no indication that it was ever cc’d or otherwise shared with the City Attorney’s Office (or indeed even shared with the Appellant’s own attorney), it is not part of the record in this case and will not be considered.] 11. FINDINGS OF FACT Based on the administrative record in this matter I find the relevant facts to be as follows: The Appellant owns and operates the South Peak Mobile Home Park (SPMHP), located at 145 South Street in San Luis Obispo. Appellant’s Brief P2. SPMHP is a mobile home park within the meaning of SLOMC 5.44.020(B). On July 13, 2023, the Appellant (or its predecessor) signed a “Long Term Rental Agreement” with Ms. Linda Valentine and Ms. Vanessa Valentine leasing Space A28 to them for 20 years. Appellant’s Exhibit A. (Hereinafter “20 Year Lease”). Both Valentines signed as “homeowner.” The 20 Year Lease sets Base Rent of $695 per month for the first year (section 1.3) and specifies that thereafter the rent will increase no less than 3.95%, nor more than 9% over prior year’s rent “if the term of the Agreement . . . is a 20 year term.” (section 5.1). The following statement is at the top of the first page of the 20 Year Lease “THIS LONG-TERM RENTAL 3 AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED.” Meanwhile, on July 10, 2023, Appellant or its predecessor) executed a “Home Purchase Agreement” with Linda Valentine selling her a “home” described cryptically as a “2018 Champion” serial number 1c912353j1324285. Appellant’s Exhibit C. The record includes a copy of a California Department of Moter Vehicles Registration Card for the same 2018 Champion, characterizing it as a “vehicle,” specifically as a “TRAILER.” Appellant’s Exhibit B. The DMV registration is valid from 2018 to 2019. There is no evidence as to whether it is currently registered as a “vehicle” with DMV. According to the City, it did a recent (undated) search of the website of the California Department of Housing and Community Development (HCD) which research showed the SPMHP as having 75 spaces for mobile homes and zero spaces for recreational vehicles (RVs). City Brief, Figure 1. The evidence also includes an undated photograph of “Linda Valentine’s mobile home parked in Space 28.” City Brief, Figure 2. The record reflects, that sometime in 2024 or 2025, a dispute apparently arose between the Appellant and the Valentines. The City’s Brief contains a long passage referencing this dispute. City’s Brief P 4-5. There seems to have been an “unlawful detainer stipulation, an eviction attempt, an “eviction settlement agreement,” a “termination of tenancy” and maybe another “stipulation agreement.” I am not able to sort it out. The record herein also includes a strange document titled “Information for Prospective Homeowners” that says that “if you are approved for tenancy” the monthly rent will be $1595 for “space A28.” City’s Brief, Attachment A. The City uses this figure as the basis for asserting that the Appellant is proposing a 108% increase in rent ($1,595 being 108% of the then current rent of $767.91). City’s Brief P 6. Attachment A contains a signature space for the Park Manager of SPMHP, but it is not signed. It is dated May 1, 2025. Suffice it to say, this case does not involve resolving any of those issues. The City maintains that these wranglings and documents amount to the termination of the 20 Year Lease and the creation of a new short-term lease. More on that anon. The evidence also includes a copy of a June 6, 2025, email from Evan Harris, a Staff Attorney with California Rural Legal Assistance Inc, to Melissa Lawley, Judy Tsai, and Jessica Lu regarding “South Peak v. Valentine.” Appellant’s Brief, Exhibit D. In it, Mr. Harris states “Ms. Valentine has officially vacated the unit, the unit is now unoccupied, and all of her belongings have been removed.” He goes on to assert “she retains ownership and access to the property.” Mr. Harris appears to be representing Ms. Valentine in South Peak v. Valentine. I infer that he is representing LINDA Valentine. See Appellant’s Brief P2. Thus, while the evidence shows that at some point Ms. Linda Valentine vacated the “unit” i.e., the 2018 Champion, there is no indication in the record that the 2018 Champion itself has ever been removed from Space A28. Finally, the administrative record reflects that Ms. Valentine is attempting to sell the 2018 Champion but does not indicate whether she has succeeded or whether there has been a “change of ownership.” 4 12. KEY PROVISIONS OF LAW The San Luis Obispo Mobile Park Rent Stabilization Ordinance at SLOMC 5.44.060(C) states, in pertinent part: The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting the 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 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.” Emphasis added. SLOMC 5.44.030(E) states, in pertinent part: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: (E) Tenancies covered by leases or contracts which provide for a tenancy of more than year, but only for the duration of such lease or contract.” 13. LEGAL ANALYSIS AND CONCLUSIONS The Appellant argues that SLOMC 5.44.060(C) does not apply to this case for three independent reasons. I will address each in turn. A. Whether the Unit on Space A28 is a “Mobile Home” The Appellant contends that the object sitting in space A28 (a “Champion 18”) is a recreational vehicle (RV) and not a “mobile home” and thus not subject to the rent control strictures of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance, SLOMC 5.44.060(C). Appellant correctly notes that the mobile home ordinance never defines the term “mobile home.” Further, the California DMV issued a vehicle registration for the Champion 18 in 2018-2019, describing it as a “vehicle – trailer.” The City argues that the Champion 18 is a mobile home, that the Appellant’s operation at 145 South Street is denominated and regulated as a mobile home park, that the Appellant has treated it as a mobile home, that it meets the purposes and intent of the City ordinance, and that the ordinance does not define or exclude RV’s from also being a mobile home. Further, the City argues that: “Mobilehome under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types . . 5 which are used for human habitation if . . . the trailer or other recreational vehicle occupies a mobile home site for nine or more continuous months. Although the unit does not appear to meet the definition of an RV under Health and Safety Code 18010, even if it did, it would still be considered a mobile home since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease.” City’s Brief P3. For reasons set forth by the City, I conclude that the unit that is sitting in Space A28 in the South Peak Mobile Home Park is a “mobile home” and is subject to the letter and spirit of SLOMC 5.44.060(C). The 20 Year Lease specifies that the Valentines are “Homeowners,” and uses the terminology of “home,” “homeowner,” “housing,” and “mobile home” throughout. The Valentines signed the lease as “homeowners.” Even the Home Purchase Agreement refers to the unit (Champion 2018) as a “home.” The name of the Appellant’s operation at 145 South Street is “South Peak Mobile Home Park” It is regulated by the City as a mobile home park. The photograph submitted by the City (City’s Brief, Figure 2), shows that the unit is firmly planted on space A28. And, even if the unit is in some sense movable (i.e., “mobile”) that does not mean that it cannot be both a mobile home and an RV. And even if it is an RV, given that the unit has occupied Space A28 for nine or more continuous months, it is a mobile home for purposes of State law and SLOMC 5.44.060(C). B. Whether there has been a “change of ownership resulting from vacation of the space” Appellant next argues that since Ms. Valentine no longer lives in the mobile home, space A28, there has been a “change of ownership resulting in a vacation of the space” pursuant to the fourth sentence of SLOMC 5.44.060(C), entitling the landlord to increase the rent to fair market value. For reasons set forth by the City, I reject the Appellant’s argument. The plain language of the ordinance refers to a “vacation of the space.” Here, the “space” is space A28, a piece of real estate. The 20 Year Lease speaks in terms of “space.” The entire scheme of SPMHP is that the Appellant owns the land and leases the land to the homeowner/tenant who places a mobile home on the space or RE lot designated by the Appellant. Vacating the mobile home does not constitute vacating the space. Appellant contends that the foregoing construction “would render the provision meaningless, as a ‘new unit . . . owned by a new owner’ means there would never be a ‘change of ownership resulting from a vacation.’” I disagree. The Appellant disregards the fact that this portion of SLOMC 5.44.060(C) could reasonably apply to the situation in which a mobile home is removed from a space, i.e., vacates the space, and a new mobile home with a new owner moves into the space. Meanwhile, the Appellant’s interpretation could lead to the absurd conclusion that whenever the homeowner walks out her front door, there has been a “vacation” that renders her subject to a FMV rent increase. C. Whether the Long-Term Lease Exemption applies The Appellant’s third primary argument is that SLOMC 5.44.030(E) expressly exempts “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but 6 only for the duration of such lease or contract.” Appellant says the 20 Year Lease “qualifies unequivocally” under this exemption. The lease term is for 20 years. The lease begins with a prominent, boldface, all capital letters assertion that “THIS LONG-TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44.” The City counters by arguing that the circumstances surrounding the apparent legal disputes between Ms. Valentine and the Appellant mean, that somewhere in the melee, the 20 Year Lease was terminated and that, because the Appellant had permitted Ms. Valentine to continue to occupy the mobile home for a temporary and short time before evacuating, her lease had been converted to a short term one to which SLOMC 5.44.030(E) is not applicable. Indeed, the City says that on August 20, 2025 (long after the legal disputation of the lease began and after June 20, 2025, the date of the alleged violation) the Appellant served a notice of “termination of tenancy” on Ms. Valentine. City’s Brief P5. This notice, the City contends, dissolved the long- term lease and started a new short-term lease. This document came among many others during the squabbles. On this basis, the City argues that SLOMC 5.44.030(E) is not applicable, that SLOMC 5.44.060(C) governs, and that the Appellant is prohibited from raising the rent to FMV.. The Appellant counters that its proposed rental increase upon change of ownership of the mobile home is authorized by the 20 Year Lease and falls within the scope of SLOMC 5.44.030(E). Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Appellant adds that section 21.1. of the lease mandates assignment of the lease upon the sale of the mobile home. Thus, Appellant argues that the sale of the mobile home by Ms. Valentine did not create a new lease or tenancy, because the 20 Year Lease is mandatorily assigned to the new tenant. The City’s final argument is that the exemption for long term leases under SLOMC 544.030(E) “was a requirement under state law [cites omitted] and that as of January 1, 2025, state law no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinances.” City’s Brief P5. For reasons set forth by the Appellant, I conclude that the exemption set forth in SLOMC 5.44.030(E) applies here. Ms. Valentine signed a long term lease and long term leases are explicitly exempt from the rent control ordinance. I decline to conclude that some sort of de facto short-term lease, subject to the strictures of the City’s ordinance, arose out of the ashes of the Appellant-Valentine dispute and thus vitiated the terms of the 20 Year Lease. The fact that the City enacted the SLOMC 5.44.030(E) exemption because it was imposed by state law, and that the state law now no longer requires this exemption, does not change my analysis. (It would seem that, given the change in state law effective January 1, 2025, the City could now amend its ordinance and eliminate SLOMC 5.44.030(E)). 14. RULING Based on the evidence, statements, and briefs provided by all parties, the Administrative Citation is Revoked. No fine is due. Signed by: Hearing Officer Alex S. Karlin on October 6, 2025. 24 From:Zion, Sarah Sent:Tuesday, October 7, 2025 8:34 AM To:Symens, Sadie Subject:South Peak Mobile Home Decision Attachments:Fwd: SLO City Administrative Hearing; Decision - Citation 00040264.docx Hi Sadie, Alex has issued his decision, attached. It has not been sent to the appellant yet, I will work with Amel to get it sent out today. Once the decision notice has been sent, I’ll share it with CDD. The appellant also reached out to Alex Karlin regarding the appeal, which was not shared with our office. That communication is attached, but Alex did not consider it when making his decision. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 1 DECISION WITHOUT IN-PERSON HEARING ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of Village Properties LLC a CA LLC/Harmony Community 1. Citation number: 00040264 2. Location of charged violation: 145 South Street, San Luis Obispo, CA 93401 3. APN: 004-802-020 4. Date of charged violation: June 20, 2025 5. Name of charged Violator/Appellant: Village Properties LLC a CA LLC/Harmony Community 6. Representative of Appellant: Jason Dilday, Attorney 7. Description of charged violation a. SLO City Municipal Code section: 5.44.060(C) b. Description of charged violation: Base Space Rent – Determination Allowable Increases Without Hearing c. Fine Assessed: $100 8. Date of Hearing: The Appellant waived its right to a hearing. Therefore, this decision has been made on the record. 9. Name of Hearing Officer: Alex S. Karlin 10. PROCEDURAL POSTURE AS REFLECTED IN THE RECORD On May 30, 2025, Sadie Symens, Deputy City Attorney for the City of San Luis Obispo, CA sent a letter to the Appellant and Judy Tsai, attorney, notifying them that the City considered the Appellant’s “proposed increase in the space rent for space 28 at South Peak Mobile Home Park by 108% would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance.” (May 30 Letter). Ms. Symens said the Appellant was in violation of Section 5.44.060(C) of the San Luis Obispo Municipal Code (SLOMC 5.44.060(C)). On June 24, 2025, Rami Salem, Code Enforcement Officer & Safe Housing Coordinator for the City of San Luis Obispo, CA sent a Notice to Correct Code Violation(s)/Notice of Violation (June 24 NOV) to the Appellant stating that the Appellant was in violation of SLOMC 5.44.060(C) and asking the Appellant to correct the violation immediately. On June 26, 2025, the Appellant requested a Director’s review of the June 24 NOV. On July 10, 2025, John Mezzapesa, Interim Deputy Building Official for the City of San Luis Obispo, CA sent a Director’s Decision After Review of Notice to Correct/Notice of Violation to the Appellant’s representative, Matthew Davies. (July 10 Director’s Decision). The decision 2 analyzed and rejected the Appellant’s reasoning and arguments and instructed the Appellant to “take action to correct the code violation(s) immediately.” On July 23, 2025, the City of San Luis Obispo issued Citation 00040264 to the Appellant, citing it with violating SLOMC 5.44.060(C), ordering it to correct the violation immediately, and imposing a $100 fine. (Citation). The Citation alleged that the date of the violation was June 20, 2025. On July 29, 2025, the Appellant appealed the Citation (Appeal). The Appeal stated that there was no violation of SLOMC 5.44.060(C) and raised three primary arguments. First, that there had been a “change of ownership resulting from the vacation of the space” and therefore the rent increase was legal. Second, that the unit in space A28 “is an RV, not a mobile home” and therefore that the City’s Mobile Home Part Rent Stabilization Ordinance (specifically SLOMC 5.44.060(C)) is not applicable. Third, that “Ms. Valentines A28 tenancy was the product of a 20- year lease” and thus exempt from SLOMC 5.44.060(C) pursuant to SLOMC 5.44.030(E). On September 19, 2025, Mr. Jason Dilday, attorney, filed a brief herein on behalf of the Appellant. (Appellant’s Brief). The Appellant’s brief raised the same three arguments reflected in the Appeal and included six exhibits (A through F). On September 23, 2025, J. Christine Dietrick and Sadie Symens (City Attorney and Deputy City Attorney, respectively, for the City of San Luis Obispo, CA) filed a brief in support of the Citation (City’s Brief). The City’s Brief included two “Figures,” including a photo of Linda Valentines unit sitting in space A28, and one Attachment. [I note that, on September 28, 2025, Mr. Matt Davies sent an email to me on behalf of the Appellant and responding to the City’s Brief. (Davies Email). The Davies Email argued that the City’s Brief “it is full of falsehoods and half-truths,” raised entirely new arguments not previously reflected in the Appellant’s filings and not raised in the Appellant’s brief, and argued that “the city makes hearsay arguments that are not backed up by any documentation.” Inasmuch as the Davies Email was filed after the record in this proceeding was closed and shows no indication that it was ever cc’d or otherwise shared with the City Attorney’s Office (or indeed even shared with the Appellant’s own attorney), it is not part of the record in this case and will not be considered.] 11. FINDINGS OF FACT Based on the administrative record in this matter I find the relevant facts to be as follows: The Appellant owns and operates the South Peak Mobile Home Park (SPMHP), located at 145 South Street in San Luis Obispo. Appellant’s Brief P2. SPMHP is a mobile home park within the meaning of SLOMC 5.44.020(B). On July 13, 2023, the Appellant (or its predecessor) signed a “Long Term Rental Agreement” with Ms. Linda Valentine and Ms. Vanessa Valentine leasing Space A28 to them for 20 years. Appellant’s Exhibit A. (Hereinafter “20 Year Lease”). Both Valentines signed as “homeowner.” The 20 Year Lease sets Base Rent of $695 per month for the first year (section 1.3) and specifies that thereafter the rent will increase no less than 3.95%, nor more than 9% over prior year’s rent “if the term of the Agreement . . . is a 20 year term.” (section 5.1). The following statement is at the top of the first page of the 20 Year Lease “THIS LONG-TERM RENTAL 3 AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED.” Meanwhile, on July 10, 2023, Appellant or its predecessor) executed a “Home Purchase Agreement” with Linda Valentine selling her a “home” described cryptically as a “2018 Champion” serial number 1c912353j1324285. Appellant’s Exhibit C. The record includes a copy of a California Department of Moter Vehicles Registration Card for the same 2018 Champion, characterizing it as a “vehicle,” specifically as a “TRAILER.” Appellant’s Exhibit B. The DMV registration is valid from 2018 to 2019. There is no evidence as to whether it is currently registered as a “vehicle” with DMV. According to the City, it did a recent (undated) search of the website of the California Department of Housing and Community Development (HCD) which research showed the SPMHP as having 75 spaces for mobile homes and zero spaces for recreational vehicles (RVs). City Brief, Figure 1. The evidence also includes an undated photograph of “Linda Valentine’s mobile home parked in Space 28.” City Brief, Figure 2. The record reflects, that sometime in 2024 or 2025, a dispute apparently arose between the Appellant and the Valentines. The City’s Brief contains a long passage referencing this dispute. City’s Brief P 4-5. There seems to have been an “unlawful detainer stipulation, an eviction attempt, an “eviction settlement agreement,” a “termination of tenancy” and maybe another “stipulation agreement.” I am not able to sort it out. The record herein also includes a strange document titled “Information for Prospective Homeowners” that says that “if you are approved for tenancy” the monthly rent will be $1595 for “space A28.” City’s Brief, Attachment A. The City uses this figure as the basis for asserting that the Appellant is proposing a 108% increase in rent ($1,595 being 108% of the then current rent of $767.91). City’s Brief P 6. Attachment A contains a signature space for the Park Manager of SPMHP, but it is not signed. It is dated May 1, 2025. Suffice it to say, this case does not involve resolving any of those issues. The City maintains that these wranglings and documents amount to the termination of the 20 Year Lease and the creation of a new short-term lease. More on that anon. The evidence also includes a copy of a June 6, 2025, email from Evan Harris, a Staff Attorney with California Rural Legal Assistance Inc, to Melissa Lawley, Judy Tsai, and Jessica Lu regarding “South Peak v. Valentine.” Appellant’s Brief, Exhibit D. In it, Mr. Harris states “Ms. Valentine has officially vacated the unit, the unit is now unoccupied, and all of her belongings have been removed.” He goes on to assert “she retains ownership and access to the property.” Mr. Harris appears to be representing Ms. Valentine in South Peak v. Valentine. I infer that he is representing LINDA Valentine. See Appellant’s Brief P2. Thus, while the evidence shows that at some point Ms. Linda Valentine vacated the “unit” i.e., the 2018 Champion, there is no indication in the record that the 2018 Champion itself has ever been removed from Space A28. Finally, the administrative record reflects that Ms. Valentine is attempting to sell the 2018 Champion but does not indicate whether she has succeeded or whether there has been a “change of ownership.” 4 12. KEY PROVISIONS OF LAW The San Luis Obispo Mobile Park Rent Stabilization Ordinance at SLOMC 5.44.060(C) states, in pertinent part: The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting the 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 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.” Emphasis added. SLOMC 5.44.030(E) states, in pertinent part: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: (E) Tenancies covered by leases or contracts which provide for a tenancy of more than year, but only for the duration of such lease or contract.” 13. LEGAL ANALYSIS AND CONCLUSIONS The Appellant argues that SLOMC 5.44.060(C) does not apply to this case for three independent reasons. I will address each in turn. A. Whether the Unit on Space A28 is a “Mobile Home” The Appellant contends that the object sitting in space A28 (a “Champion 18”) is a recreational vehicle (RV) and not a “mobile home” and thus not subject to the rent control strictures of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance, SLOMC 5.44.060(C). Appellant correctly notes that the mobile home ordinance never defines the term “mobile home.” Further, the California DMV issued a vehicle registration for the Champion 18 in 2018-2019, describing it as a “vehicle – trailer.” The City argues that the Champion 18 is a mobile home, that the Appellant’s operation at 145 South Street is denominated and regulated as a mobile home park, that the Appellant has treated it as a mobile home, that it meets the purposes and intent of the City ordinance, and that the ordinance does not define or exclude RV’s from also being a mobile home. Further, the City argues that: “Mobilehome under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types . . 5 which are used for human habitation if . . . the trailer or other recreational vehicle occupies a mobile home site for nine or more continuous months. Although the unit does not appear to meet the definition of an RV under Health and Safety Code 18010, even if it did, it would still be considered a mobile home since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease.” City’s Brief P3. For reasons set forth by the City, I conclude that the unit that is sitting in Space A28 in the South Peak Mobile Home Park is a “mobile home” and is subject to the letter and spirit of SLOMC 5.44.060(C). The 20 Year Lease specifies that the Valentines are “Homeowners,” and uses the terminology of “home,” “homeowner,” “housing,” and “mobile home” throughout. The Valentines signed the lease as “homeowners.” Even the Home Purchase Agreement refers to the unit (Champion 2018) as a “home.” The name of the Appellant’s operation at 145 South Street is “South Peak Mobile Home Park” It is regulated by the City as a mobile home park. The photograph submitted by the City (City’s Brief, Figure 2), shows that the unit is firmly planted on space A28. And, even if the unit is in some sense movable (i.e., “mobile”) that does not mean that it cannot be both a mobile home and an RV. And even if it is an RV, given that the unit has occupied Space A28 for nine or more continuous months, it is a mobile home for purposes of State law and SLOMC 5.44.060(C). B. Whether there has been a “change of ownership resulting from vacation of the space” Appellant next argues that since Ms. Valentine no longer lives in the mobile home, space A28, there has been a “change of ownership resulting in a vacation of the space” pursuant to the fourth sentence of SLOMC 5.44.060(C), entitling the landlord to increase the rent to fair market value. For reasons set forth by the City, I reject the Appellant’s argument. The plain language of the ordinance refers to a “vacation of the space.” Here, the “space” is space A28, a piece of real estate. The 20 Year Lease speaks in terms of “space.” The entire scheme of SPMHP is that the Appellant owns the land and leases the land to the homeowner/tenant who places a mobile home on the space or RE lot designated by the Appellant. Vacating the mobile home does not constitute vacating the space. Appellant contends that the foregoing construction “would render the provision meaningless, as a ‘new unit . . . owned by a new owner’ means there would never be a ‘change of ownership resulting from a vacation.’” I disagree. The Appellant disregards the fact that this portion of SLOMC 5.44.060(C) could reasonably apply to the situation in which a mobile home is removed from a space, i.e., vacates the space, and a new mobile home with a new owner moves into the space. Meanwhile, the Appellant’s interpretation could lead to the absurd conclusion that whenever the homeowner walks out her front door, there has been a “vacation” that renders her subject to a FMV rent increase. C. Whether the Long-Term Lease Exemption applies The Appellant’s third primary argument is that SLOMC 5.44.030(E) expressly exempts “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but 6 only for the duration of such lease or contract.” Appellant says the 20 Year Lease “qualifies unequivocally” under this exemption. The lease term is for 20 years. The lease begins with a prominent, boldface, all capital letters assertion that “THIS LONG-TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44.” The City counters by arguing that the circumstances surrounding the apparent legal disputes between Ms. Valentine and the Appellant mean, that somewhere in the melee, the 20 Year Lease was terminated and that, because the Appellant had permitted Ms. Valentine to continue to occupy the mobile home for a temporary and short time before evacuating, her lease had been converted to a short term one to which SLOMC 5.44.030(E) is not applicable. Indeed, the City says that on August 20, 2025 (long after the legal disputation of the lease began and after June 20, 2025, the date of the alleged violation) the Appellant served a notice of “termination of tenancy” on Ms. Valentine. City’s Brief P5. This notice, the City contends, dissolved the long- term lease and started a new short-term lease. This document came among many others during the squabbles. On this basis, the City argues that SLOMC 5.44.030(E) is not applicable, that SLOMC 5.44.060(C) governs, and that the Appellant is prohibited from raising the rent to FMV.. The Appellant counters that its proposed rental increase upon change of ownership of the mobile home is authorized by the 20 Year Lease and falls within the scope of SLOMC 5.44.030(E). Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Appellant adds that section 21.1. of the lease mandates assignment of the lease upon the sale of the mobile home. Thus, Appellant argues that the sale of the mobile home by Ms. Valentine did not create a new lease or tenancy, because the 20 Year Lease is mandatorily assigned to the new tenant. The City’s final argument is that the exemption for long term leases under SLOMC 544.030(E) “was a requirement under state law [cites omitted] and that as of January 1, 2025, state law no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinances.” City’s Brief P5. For reasons set forth by the Appellant, I conclude that the exemption set forth in SLOMC 5.44.030(E) applies here. Ms. Valentine signed a long term lease and long term leases are explicitly exempt from the rent control ordinance. I decline to conclude that some sort of de facto short-term lease, subject to the strictures of the City’s ordinance, arose out of the ashes of the Appellant-Valentine dispute and thus vitiated the terms of the 20 Year Lease. The fact that the City enacted the SLOMC 5.44.030(E) exemption because it was imposed by state law, and that the state law now no longer requires this exemption, does not change my analysis. (It would seem that, given the change in state law effective January 1, 2025, the City could now amend its ordinance and eliminate SLOMC 5.44.030(E)). 14. RULING Based on the evidence, statements, and briefs provided by all parties, the Administrative Citation is Revoked. No fine is due. Signed by: Hearing Officer Alex S. Karlin on October 6, 2025. 28 From:Alex Karlin < Sent:Sunday, October 5, 2025 5:52 PM To:Zion, Sarah Subject:Decision Attachments:Decision - Citation 00040264.docx Follow Up Flag:Follow up Flag Status:Completed Sarah Attached is my decision on Citation 00040264 Please let me know if you have any questions. (In addition, in a separate email, I am forwarding to you a 9/28/25 email that should be shared with the lawyers for both sides.) Alex 1 DECISION WITHOUT IN-PERSON HEARING ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of Village Properties LLC a CA LLC/Harmony Community 1. Citation number: 00040264 2. Location of charged violation: 145 South Street, San Luis Obispo, CA 93401 3. APN: 004-802-020 4. Date of charged violation: June 20, 2025 5. Name of charged Violator/Appellant: Village Properties LLC a CA LLC/Harmony Community 6. Representative of Appellant: Jason Dilday, Attorney 7. Description of charged violation a. SLO City Municipal Code section: 5.44.060(C) b. Description of charged violation: Base Space Rent – Determination Allowable Increases Without Hearing c. Fine Assessed: $100 8. Date of Hearing: The Appellant waived its right to a hearing. Therefore, this decision has been made on the record. 9. Name of Hearing Officer: Alex S. Karlin 10. PROCEDURAL POSTURE AS REFLECTED IN THE RECORD On May 30, 2025, Sadie Symens, Deputy City Attorney for the City of San Luis Obispo, CA sent a letter to the Appellant and Judy Tsai, attorney, notifying them that the City considered the Appellant’s “proposed increase in the space rent for space 28 at South Peak Mobile Home Park by 108% would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance.” (May 30 Letter). Ms. Symens said the Appellant was in violation of Section 5.44.060(C) of the San Luis Obispo Municipal Code (SLOMC 5.44.060(C)). On June 24, 2025, Rami Salem, Code Enforcement Officer & Safe Housing Coordinator for the City of San Luis Obispo, CA sent a Notice to Correct Code Violation(s)/Notice of Violation (June 24 NOV) to the Appellant stating that the Appellant was in violation of SLOMC 5.44.060(C) and asking the Appellant to correct the violation immediately. On June 26, 2025, the Appellant requested a Director’s review of the June 24 NOV. On July 10, 2025, John Mezzapesa, Interim Deputy Building Official for the City of San Luis Obispo, CA sent a Director’s Decision After Review of Notice to Correct/Notice of Violation to the Appellant’s representative, Matthew Davies. (July 10 Director’s Decision). The decision 2 analyzed and rejected the Appellant’s reasoning and arguments and instructed the Appellant to “take action to correct the code violation(s) immediately.” On July 23, 2025, the City of San Luis Obispo issued Citation 00040264 to the Appellant, citing it with violating SLOMC 5.44.060(C), ordering it to correct the violation immediately, and imposing a $100 fine. (Citation). The Citation alleged that the date of the violation was June 20, 2025. On July 29, 2025, the Appellant appealed the Citation (Appeal). The Appeal stated that there was no violation of SLOMC 5.44.060(C) and raised three primary arguments. First, that there had been a “change of ownership resulting from the vacation of the space” and therefore the rent increase was legal. Second, that the unit in space A28 “is an RV, not a mobile home” and therefore that the City’s Mobile Home Part Rent Stabilization Ordinance (specifically SLOMC 5.44.060(C)) is not applicable. Third, that “Ms. Valentines A28 tenancy was the product of a 20- year lease” and thus exempt from SLOMC 5.44.060(C) pursuant to SLOMC 5.44.030(E). On September 19, 2025, Mr. Jason Dilday, attorney, filed a brief herein on behalf of the Appellant. (Appellant’s Brief). The Appellant’s brief raised the same three arguments reflected in the Appeal and included six exhibits (A through F). On September 23, 2025, J. Christine Dietrick and Sadie Symens (City Attorney and Deputy City Attorney, respectively, for the City of San Luis Obispo, CA) filed a brief in support of the Citation (City’s Brief). The City’s Brief included two “Figures,” including a photo of Linda Valentines unit sitting in space A28, and one Attachment. [I note that, on September 28, 2025, Mr. Matt Davies sent an email to me on behalf of the Appellant and responding to the City’s Brief. (Davies Email). The Davies Email argued that the City’s Brief “it is full of falsehoods and half-truths,” raised entirely new arguments not previously reflected in the Appellant’s filings and not raised in the Appellant’s brief, and argued that “the city makes hearsay arguments that are not backed up by any documentation.” Inasmuch as the Davies Email was filed after the record in this proceeding was closed and shows no indication that it was ever cc’d or otherwise shared with the City Attorney’s Office (or indeed even shared with the Appellant’s own attorney), it is not part of the record in this case and will not be considered.] 11. FINDINGS OF FACT Based on the administrative record in this matter I find the relevant facts to be as follows: The Appellant owns and operates the South Peak Mobile Home Park (SPMHP), located at 145 South Street in San Luis Obispo. Appellant’s Brief P2. SPMHP is a mobile home park within the meaning of SLOMC 5.44.020(B). On July 13, 2023, the Appellant (or its predecessor) signed a “Long Term Rental Agreement” with Ms. Linda Valentine and Ms. Vanessa Valentine leasing Space A28 to them for 20 years. Appellant’s Exhibit A. (Hereinafter “20 Year Lease”). Both Valentines signed as “homeowner.” The 20 Year Lease sets Base Rent of $695 per month for the first year (section 1.3) and specifies that thereafter the rent will increase no less than 3.95%, nor more than 9% over prior year’s rent “if the term of the Agreement . . . is a 20 year term.” (section 5.1). The following statement is at the top of the first page of the 20 Year Lease “THIS LONG-TERM RENTAL 3 AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED.” Meanwhile, on July 10, 2023, Appellant or its predecessor) executed a “Home Purchase Agreement” with Linda Valentine selling her a “home” described cryptically as a “2018 Champion” serial number 1c912353j1324285. Appellant’s Exhibit C. The record includes a copy of a California Department of Moter Vehicles Registration Card for the same 2018 Champion, characterizing it as a “vehicle,” specifically as a “TRAILER.” Appellant’s Exhibit B. The DMV registration is valid from 2018 to 2019. There is no evidence as to whether it is currently registered as a “vehicle” with DMV. According to the City, it did a recent (undated) search of the website of the California Department of Housing and Community Development (HCD) which research showed the SPMHP as having 75 spaces for mobile homes and zero spaces for recreational vehicles (RVs). City Brief, Figure 1. The evidence also includes an undated photograph of “Linda Valentine’s mobile home parked in Space 28.” City Brief, Figure 2. The record reflects, that sometime in 2024 or 2025, a dispute apparently arose between the Appellant and the Valentines. The City’s Brief contains a long passage referencing this dispute. City’s Brief P 4-5. There seems to have been an “unlawful detainer stipulation, an eviction attempt, an “eviction settlement agreement,” a “termination of tenancy” and maybe another “stipulation agreement.” I am not able to sort it out. The record herein also includes a strange document titled “Information for Prospective Homeowners” that says that “if you are approved for tenancy” the monthly rent will be $1595 for “space A28.” City’s Brief, Attachment A. The City uses this figure as the basis for asserting that the Appellant is proposing a 108% increase in rent ($1,595 being 108% of the then current rent of $767.91). City’s Brief P 6. Attachment A contains a signature space for the Park Manager of SPMHP, but it is not signed. It is dated May 1, 2025. Suffice it to say, this case does not involve resolving any of those issues. The City maintains that these wranglings and documents amount to the termination of the 20 Year Lease and the creation of a new short-term lease. More on that anon. The evidence also includes a copy of a June 6, 2025, email from Evan Harris, a Staff Attorney with California Rural Legal Assistance Inc, to Melissa Lawley, Judy Tsai, and Jessica Lu regarding “South Peak v. Valentine.” Appellant’s Brief, Exhibit D. In it, Mr. Harris states “Ms. Valentine has officially vacated the unit, the unit is now unoccupied, and all of her belongings have been removed.” He goes on to assert “she retains ownership and access to the property.” Mr. Harris appears to be representing Ms. Valentine in South Peak v. Valentine. I infer that he is representing LINDA Valentine. See Appellant’s Brief P2. Thus, while the evidence shows that at some point Ms. Linda Valentine vacated the “unit” i.e., the 2018 Champion, there is no indication in the record that the 2018 Champion itself has ever been removed from Space A28. Finally, the administrative record reflects that Ms. Valentine is attempting to sell the 2018 Champion but does not indicate whether she has succeeded or whether there has been a “change of ownership.” 4 12. KEY PROVISIONS OF LAW The San Luis Obispo Mobile Park Rent Stabilization Ordinance at SLOMC 5.44.060(C) states, in pertinent part: The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting the 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 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.” Emphasis added. SLOMC 5.44.030(E) states, in pertinent part: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: (E) Tenancies covered by leases or contracts which provide for a tenancy of more than year, but only for the duration of such lease or contract.” 13. LEGAL ANALYSIS AND CONCLUSIONS The Appellant argues that SLOMC 5.44.060(C) does not apply to this case for three independent reasons. I will address each in turn. A. Whether the Unit on Space A28 is a “Mobile Home” The Appellant contends that the object sitting in space A28 (a “Champion 18”) is a recreational vehicle (RV) and not a “mobile home” and thus not subject to the rent control strictures of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance, SLOMC 5.44.060(C). Appellant correctly notes that the mobile home ordinance never defines the term “mobile home.” Further, the California DMV issued a vehicle registration for the Champion 18 in 2018-2019, describing it as a “vehicle – trailer.” The City argues that the Champion 18 is a mobile home, that the Appellant’s operation at 145 South Street is denominated and regulated as a mobile home park, that the Appellant has treated it as a mobile home, that it meets the purposes and intent of the City ordinance, and that the ordinance does not define or exclude RV’s from also being a mobile home. Further, the City argues that: “Mobilehome under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types . . 5 which are used for human habitation if . . . the trailer or other recreational vehicle occupies a mobile home site for nine or more continuous months. Although the unit does not appear to meet the definition of an RV under Health and Safety Code 18010, even if it did, it would still be considered a mobile home since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease.” City’s Brief P3. For reasons set forth by the City, I conclude that the unit that is sitting in Space A28 in the South Peak Mobile Home Park is a “mobile home” and is subject to the letter and spirit of SLOMC 5.44.060(C). The 20 Year Lease specifies that the Valentines are “Homeowners,” and uses the terminology of “home,” “homeowner,” “housing,” and “mobile home” throughout. The Valentines signed the lease as “homeowners.” Even the Home Purchase Agreement refers to the unit (Champion 2018) as a “home.” The name of the Appellant’s operation at 145 South Street is “South Peak Mobile Home Park” It is regulated by the City as a mobile home park. The photograph submitted by the City (City’s Brief, Figure 2), shows that the unit is firmly planted on space A28. And, even if the unit is in some sense movable (i.e., “mobile”) that does not mean that it cannot be both a mobile home and an RV. And even if it is an RV, given that the unit has occupied Space A28 for nine or more continuous months, it is a mobile home for purposes of State law and SLOMC 5.44.060(C). B. Whether there has been a “change of ownership resulting from vacation of the space” Appellant next argues that since Ms. Valentine no longer lives in the mobile home, space A28, there has been a “change of ownership resulting in a vacation of the space” pursuant to the fourth sentence of SLOMC 5.44.060(C), entitling the landlord to increase the rent to fair market value. For reasons set forth by the City, I reject the Appellant’s argument. The plain language of the ordinance refers to a “vacation of the space.” Here, the “space” is space A28, a piece of real estate. The 20 Year Lease speaks in terms of “space.” The entire scheme of SPMHP is that the Appellant owns the land and leases the land to the homeowner/tenant who places a mobile home on the space or RE lot designated by the Appellant. Vacating the mobile home does not constitute vacating the space. Appellant contends that the foregoing construction “would render the provision meaningless, as a ‘new unit . . . owned by a new owner’ means there would never be a ‘change of ownership resulting from a vacation.’” I disagree. The Appellant disregards the fact that this portion of SLOMC 5.44.060(C) could reasonably apply to the situation in which a mobile home is removed from a space, i.e., vacates the space, and a new mobile home with a new owner moves into the space. Meanwhile, the Appellant’s interpretation could lead to the absurd conclusion that whenever the homeowner walks out her front door, there has been a “vacation” that renders her subject to a FMV rent increase. C. Whether the Long-Term Lease Exemption applies The Appellant’s third primary argument is that SLOMC 5.44.030(E) expressly exempts “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but 6 only for the duration of such lease or contract.” Appellant says the 20 Year Lease “qualifies unequivocally” under this exemption. The lease term is for 20 years. The lease begins with a prominent, boldface, all capital letters assertion that “THIS LONG-TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44.” The City counters by arguing that the circumstances surrounding the apparent legal disputes between Ms. Valentine and the Appellant mean, that somewhere in the melee, the 20 Year Lease was terminated and that, because the Appellant had permitted Ms. Valentine to continue to occupy the mobile home for a temporary and short time before evacuating, her lease had been converted to a short term one to which SLOMC 5.44.030(E) is not applicable. Indeed, the City says that on August 20, 2025 (long after the legal disputation of the lease began and after June 20, 2025, the date of the alleged violation) the Appellant served a notice of “termination of tenancy” on Ms. Valentine. City’s Brief P5. This notice, the City contends, dissolved the long- term lease and started a new short-term lease. This document came among many others during the squabbles. On this basis, the City argues that SLOMC 5.44.030(E) is not applicable, that SLOMC 5.44.060(C) governs, and that the Appellant is prohibited from raising the rent to FMV.. The Appellant counters that its proposed rental increase upon change of ownership of the mobile home is authorized by the 20 Year Lease and falls within the scope of SLOMC 5.44.030(E). Appellant points out that section 5.2 of the lease provides “the rent shall be increased effective upon the transfer of this Agreement . . . to an amount determined by [Appellant} to be the fair market rental value.” Appellant adds that section 21.1. of the lease mandates assignment of the lease upon the sale of the mobile home. Thus, Appellant argues that the sale of the mobile home by Ms. Valentine did not create a new lease or tenancy, because the 20 Year Lease is mandatorily assigned to the new tenant. The City’s final argument is that the exemption for long term leases under SLOMC 544.030(E) “was a requirement under state law [cites omitted] and that as of January 1, 2025, state law no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinances.” City’s Brief P5. For reasons set forth by the Appellant, I conclude that the exemption set forth in SLOMC 5.44.030(E) applies here. Ms. Valentine signed a long term lease and long term leases are explicitly exempt from the rent control ordinance. I decline to conclude that some sort of de facto short-term lease, subject to the strictures of the City’s ordinance, arose out of the ashes of the Appellant-Valentine dispute and thus vitiated the terms of the 20 Year Lease. The fact that the City enacted the SLOMC 5.44.030(E) exemption because it was imposed by state law, and that the state law now no longer requires this exemption, does not change my analysis. (It would seem that, given the change in state law effective January 1, 2025, the City could now amend its ordinance and eliminate SLOMC 5.44.030(E)). 14. RULING Based on the evidence, statements, and briefs provided by all parties, the Administrative Citation is Revoked. No fine is due. Signed by: Hearing Officer Alex S. Karlin on October 6, 2025. 29 From: Sent:Wednesday, October 1, 2025 2:14 PM To:Zion, Sarah Subject:Re: Scanned document from HP ePrint user Thank you for the update. On Wed, Oct 1, 2025 at 1:58 PM Zion, Sarah <SZion@slocity.org> wrote: Hi The hearing officer has not yet issued his decision. He has 10 business days from the date of the hearing to issue the decision. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 30 From: Sent: Wednesday, October 1, 2025 1:35 PM To: Zion, Sarah <SZion@slocity.org> Subject: Re: Scanned document from HP ePrint user Hi Sarah, Have you heard what happened at the Appeal Hearing for South Peak MHP? On Thu, Sep 25, 2025 at 8:37 AM Zion, Sarah <SZion@slocity.org> wrote: Hi Thank you for submitting these documents, they have been received. Our office is reviewing them and will get back to you soon. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org Stay connected with the City by signing up for e-notifications 31 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: Sent: Tuesday, September 23, 2025 5:30 PM To: Zion, Sarah <SZion@slocity.org> Cc: eharris@cria.org; ; CityClerk <CityClerk@slocity.org> Subject: Fwd: Scanned document from HP ePrint user ---------- Forwarded message --------- From: < Date: Tue, Sep 23, 2025 at 4:53 PM Subject: Scanned document from HP ePrint user To: < Dear Sarah, Thank you for your assistance in getting the documents sent to me. Attached are 18 pages of information and documents telling the story of my attempted sale of my Tiny Home at South Peak MHP in San Luis Obispo. It is my understanding that South Peak MHP (Harmony Communities) is appealing the Administrative Citation issued by the City on 06/20/25. I cannot attend the hearing but could you have this 18 pages of information given to the Appeals Hearing Administrator. In addition could you advise me what action I should take to have my case be processed by the City. Thanking you in advance for all your help and assistance, I am Sincerely yours 32 This email and attachment are sent on behalf of If you do not want to receive this email in future, you may contact directly or you may consult your email application for spam or junk email filtering options. Regards, HP Team 52 From:Zion, Sarah Sent:Wednesday, September 24, 2025 8:45 AM To:'Jason Dilday'; 'Matt Davies' Cc:'Nancy Gomez'; Belghoul, Amel Subject:RE: Notice of Review- Davies Attachments:20250923_City Attorney Brief_ADM00040264.pdf Good morning, Please find attached a courtesy copy of the City’s brief, submitted to the hearing officer as additional evidence. This brief has been sent via certified mail. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Zion, Sarah Sent: Tuesday, September 23, 2025 8:39 AM To: Jason Dilday <jason@harmonycom.com>; Matt Davies <matt@harmonycom.com> Cc: Nancy Gomez <nancy@harmonycom.com>; Belghoul, Amel <ABelghou@slocity.org> Subject: RE: Notice of Review- Davies Jason, The Municipal Code Section that outlines appeal hearing procedures is 1.24.110. Sub-Section F specifically outlines submission of additional evidence. Sarah Zion pronouns she/her/hers 53 Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Jason Dilday <jason@harmonycom.com> Sent: Friday, September 19, 2025 5:39 PM To: Matt Davies <matt@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Cc: Nancy Gomez <nancy@harmonycom.com>; Belghoul, Amel <ABelghou@slocity.org> Subject: RE: Notice of Review- Davies Sarah, Would you please let me know the municipal code section you are referring to. Thank you. Jason From: Matt Davies <matt@harmonycom.com> Sent: Friday, September 19, 2025 5:23 PM To: Sarah Zion <SZion@slocity.org> Cc: Nancy Gomez <nancy@harmonycom.com>; Amel Belghoul <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of Review- Davies Hello Sarah So the city has 5 days to review our arguments and then rebut them? That seems unfair. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 54 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Sep 19, 2025, at 4:54 PM, Zion, Sarah <SZion@slocity.org> wrote: Good afternoon, We have received the additional evidence submitted September 19, 2025. These materials will be shared with the hearing officer. Any additional materials prepared and submitted by the City will be shared with the appellant via certified mail at least 5 days prior to the hearing date, as outlined in the municipal code. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II <image001.png> City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Nancy Gomez <nancy@harmonycom.com> Sent: Friday, September 19, 2025 2:30 PM To: Zion, Sarah <SZion@slocity.org> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Matt Davies <matt@harmonycom.com> Subject: RE: Notice of Review- Davies 55 Good afternoon Ms. Zion, Attached please find the appellant’s written Administrative Appeal. Your September 4, 2025 letter indicated that written evidence must be submitted at least 10 days prior to the hearing, which falls on September 19, 2025. We assume this deadline applies equally to the City (e.g., City Attorney’s office), but if that is not the case, please let us know. In addition, we formally request copies of any evidence or written materials submitted by the City to the hearing officer beyond the administrative record that accompanied your September 4, 2025 letter. Thank you, Nancy Gomez Paralegal 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209)926-7457 Main: (209)932-8747 nancy@harmonycom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 4, 2025 1:17 PM To: Matt Davies <matt@harmonycom.com> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: Notice of Review- Davies Matthew Davies, Please see the attached. Sarah Zion pronouns she/her/hers Legal Assistant II <image001.png> City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications 56 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. City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org September 23, 2025 TO: Hearing Officer Alex Karlin FROM: J. Christine Dietrick Sadie Symens Re: City Attorney Brief in Support of #ADM00040264 On June 24, 2025, City Code Enforcement issued a Notice of Violation of the City of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) (SLOMC §5.44.060(C)) to the property owner of South Peak Mobile Home Park, Village Properties LLC, after the City was made aware that South Peak Mobile Home Park imposed a 108% increase in space rent of Space A28. Matt Davies (as purported property manager) promptly sought a director’s review of the NOV. Community Development issued a decision on the Director’s Review on July 10, 2025, affirming the NOV. Code Enforcement then issued an Administrative Citation on July 23, 2025. Mr. Davies timely appealed the citation on July 31, 2025, on behalf of Harmony Communities Inc/South Peak MHP, LLC (“Appellant.”) SLOMC §5.44.060(C) states: 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. Appellant raises four arguments in their appeal filed on July 31, 2025, which were supplemented by the Appellant’s Administrative Appeal submitted September 19, 2025. The City Attorney’s Office herein summarizes and responds to each argument. Page 2 1. There is no violation of SLOMC 5.44.060(C) because this is a “change of ownership resulting from vacation of the space,” in which case the space rent may be adjusted to fair market rent. It is the City's position that the phrase “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” in SLOMC 5.44.060 refers to the occasion in which the mobile home is removed from the space, the space is vacant (vacation of the space), and a new unit is moved into the space and owned by a new owner. The change in ownership relevant here is instead described in this part of that section: “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.” Appellant entered into a settlement agreement of an unlawful detainer (eviction) action brought against former resident Linda Valentine that permitted the unit to remain and be sold in place. Specifically, under the stipulation, signed on March 11, 2025, Ms. Valentine was required to personally vacate the mobile home by June 30, 2025, and has until November 30, 2025, to sell it “onsite.” Appellant has provided no indication that the mobile home is being removed from space A28. Therefore, there is no “vacation of the space” as contemplated by SLOMC 5.44.060(C). The Purpose and Intent statement in SLOMC 5.44.010(E) identifies the precise problem at hand (“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”), and section 5.44.060(C) addresses that problem. Appellant argues that “the City's interpretation would render the provision meaningless, as a ‘new unit... owned by a new owner’ means there could never be a ‘change of ownership resulting from vacation.’” This conclusion appears to disregard the situation in which a mobile home is removed from a space (the space is vacated) and a new mobile home (with a new owner) is moved into that space (in which case the space rent could be adjusted to fair market.) On the contrary, Appellant’s interpretation would render the provision meaningless - if “vacation of the space” referred to the resident vacating the space, that would be the case every time a mobile home was sold to a new owner (since owner occupancy is a requirement of the standard lease terms; see, e.g., Paragraphs 10.1 and 13.2 of the lease agreement attached as Exhibit A to Appellant’s Administrative Appeal), and the limitation on space rent increase upon sale in 5.44.060(C) would be useless. 2. The space A28 unit is an RV, not a mobile home, so 5.44.060(C) does not apply to the space rent of A28. Chapter 5.44 does not define “mobile home,” nor does it exclude RVs (or “trailers,” as is indicated on the unit’s 2018 DMV registration as provided by South Peak) from that definition. The Purpose and Intent statements in Section 5.44.010 make it clear that the Page 3 Ordinance is intended to apply broadly to protect “mobile home tenants,” and, even if the unit was an RV (which the CAO contests, discussed below), it has the characteristics of a mobile home which motivated the City Council to enact the Ordinance: “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.” Additionally, South Peak has treated the unit as a mobile home since at least 2023, when Linda Valentine purchased the unit from California MHP Investors 3, LLC (which appears to be South Peak’s predecessor) and signed a twenty-year rental agreement for Space A28. The rental agreement refers to the unit as a mobile home throughout. The unlawful detainer stipulation between the parties further refers to the unit as a “mobile home” in Paragraphs 2, 7, and 8, including a statement in Paragraph 8 that rents due between September 2024 through date of sale will be taken out of sale proceeds and paid to park. Finally, an “Information for Prospective Homeowners” document provided by South Peak (the document which reflects the >100% space rent increase) refers to the Mobilehome Residency Law several times (see Attachment A.) Finally, South Peak Mobile Home Park is a mobile home park subject to the Mobilehome Residency Law (MRL) and regulatory oversight by the Department of Housing and Community Development (HCD.) According to the HCD Mobilehome/RV Parks Search, South Peak Mobile Home has 75 mobile home space and zero RV spaces (see Figure 1.) “Mobilehome” under the MRL is defined as “a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code” and also includes “trailers and recreational vehicles of all types...which are used for human habitation if...the trailer or other recreational vehicle occupies a mobile home site in the park for nine or more continuous months commencing on or after November 15, 1992.” Although the unit does not appear to meet the definition of an RV under Health & Safety Code 18010, even if it did, it would still be considered a “mobile home” since it has continuously occupied Space A28 since at least July 2023 when Linda Valentine signed her lease. Figure 1: Search result for South Peak Mobile Home Park on HCD’s website In sum, this unit (see Figure 2 below) does not appear to meet any relevant definition of an RV, is otherwise considered a mobile home under the MRL, and, in any case, is not exempt from the Mobile Home Park Rent Stabilization Ordinance which was clearly intended to protect all residents in tenancy at a mobile home park, which South Peak unequivocally is. Page 4 Figure 2: Linda Valentine’s mobile home parked in Space A28 of South Peak Mobile Home Park 3. Linda Valentine’s tenancy in space A28 was the product of a twenty year lease, so the tenancy is exempt from the Mobile Home Park Rent Stabilization Ordinance under Section 5.44.030(E). The Ordinance exempts long-term leases (longer than 12 months) from its annual rent increase limitations: The provisions of this chapter shall not apply to the following tenancies in mobile home parks: … E. Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but only for the duration of such lease or contract. 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. (SLOMC 5.44.030(E).) Ms. Valentine’s eviction settlement agreement does not stipulate as to final date of tenancy, but, based on the timing of relevant events, South Peak initiated a “short term” tenancy by compelling Ms. Valentine (and her daughter) to vacate the unit, Page 5 allowing Ms. Valentine to maintain the unit in place (and to occupy it until June 30, 2025) and to sell the mobile home in place by November 30, 2025. The park served a notice of termination of tenancy based on violation of park rules and regulations on August 20, 2024. Under the Mobilehome Residency Law, a tenancy cannot be terminated upon fewer than 60 days. (Civ. Code § 798.55.) Assuming the park served a 60-day termination notice, Ms. Valentine’s tenancy would have terminated on October 19, 2024. However, the settlement agreement, executed on March 11, 2025, allowed Ms. Valentine to personally remain in the mobile home until June 30, 2025. If Ms. Valentine timely vacated by that date (which the City is informed she did), she would be permitted to conduct an onsite sale of “Defendant’s mobilehome” through November 30, 2025. The agreement stipulated that “as a further condition of the on-site sale, all rents from September 2024 to and through the date of sale of the mobilehome shall be paid out of the sale proceeds of the mobilehome to a park approved buyer.” Ms. Valentine was therefore permitted to occupy the mobile home on a short-term basis between October 2024 and June 30, 2025, and continued to have the right to sell (although not the right to occupy) the mobile home between June 30, 2025, and November 30, 2025. Those terms are quite different from those in the original 20 year lease. Appellant’s termination of the long-term lease removed Ms. Valentine’s mobilehome tenancy in Space A28 from the long-term lease exemption, since that exemption, by its terms, no longer applies “upon the expiration of or other termination of any such lease or contract,” at which point the chapter “shall immediately be applicable to the tenancy.” Per the stipulated agreement, the original long-term tenancy was re-negotiated out of the long-term lease and is currently comprised of Ms. Valentine’s right to maintain the unit on the existing space from the date of the agreement (March 11, 2025) until sale in place by November 30, 2025, to a buyer approved by the park who will, presumably, enter into a subsequent lease with the new owner. So, in effect, the settlement agreement, following the notice of termination of tenancy, established new short term lease terms running from March to November 2025, and was not of a duration to constitute an exempt long-term lease under the City’s regulations. The long- term lease has been terminated and no longer operates as an exemption to the City’s ordinance limiting increases upon sale or transfer in place. In their Administrative Appeal, Appellant argues that upon sale of the unit, the “Lease is assigned to the buyer, continuing the same 20-year agreement without creating a new tenancy.” Appellant cannot have it both ways – either the long-term lease remains in place and binding on the subsequent owner, limiting the permissible rent increase to those amounts set forth in the lease for the 20 year term, or the long-term lease has been terminated and no longer operates as an exemption to the City’s ordinance limiting increases upon sale or transfer in place. Appellant has argued that the exemption for long-term leases under SLOMC § 5.44.030(E) was a “deliberate policy choice.” However, this exemption was a requirement under state law (Civ. Code §798.17.) California Assembly Bill 2782 modified Civil Code section 798.17 and, as of January 1, 2025, no longer requires that cities with local mobile home stabilization ordinances exempt long-term leases from their ordinance. Page 6 4. “Pursuant to Cal. Civ. Code section 798.73, the Park may require the removal of an RV upon sale.” Although Appellant has not elaborated on this statement or explained its relevance, the City Attorney’s office interprets it to assert that the park could require removal of an RV from the park upon sale under the Mobilehome Residency Law, in which case the space would be “vacated,” and the rent increase limitations of SLOMC 5.44.060(C) would not apply. However, the basis for removal apparently relied upon by the Park (Civ. Code 798.73(a)) only allows removal if the mobile home “is not a ‘mobilehome’ within the meaning of Section 798.3.” Section 798.3 (of the Civil Code) includes in the definition of “mobilehome” a “trailer or recreational vehicle [that] occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992.” This unit has occupied the space continuously since at least 2023. So, even accepting Appellant’s argument that the unit is an RV, it is a “mobilehome” for the purposes of the Mobilehome Residency Law, and the park’s argument that they could remove it upon sale therefore fails under their own cited authority. CONCLUSION Appellant violated SLOMC 5.44.060(C) by raising the monthly space rent for Space A28 from $767.91 to $1,595. The space rent increase provisions at issue regulate the amount the Appellant may charge for the space upon a change in ownership of the unit occupying the space, not on who is occupying that unit at the time of sale. SLOMC 5.44.060(C) limits the permissible increase in rent for the space where Appellant expressly agreed the unit could be sold in place, notwithstanding the contemplated change of the resident who will ultimately be entitled to occupy the unit in Space A28. The space itself is not being “vacated,” so the rent cannot be increased to market rate. The unit – whether a mobile home (which it appears to be) or an RV – occupying space A28 is not exempt from the provisions of the Ordinance, nor does the long-term lease exemption apply because Appellant created a new, short-term tenancy when Appellant terminated Linda Valentine’s lease effective October 2024, executed a settlement agreement in March 2025 permitting her to stay in the mobile home for a period of approximately three months, and to sell the mobile home within approximately five months thereafter. The limitation on increase upon change of ownership in SLOMC 5.44.060(C) applies, and the maximum increase Appellant could have charged was ten percent of the then-existing space rent. Appellant issued a 108% space rent increase, and the administrative citation should be upheld. Attachments A – Information for Prospective Homeowners (May 1, 2025) Attachment A 61 ” From: Sent: Tuesday, September 23, 2025 5:30 PM To: Zion, Sarah <SZion@slocity.org> Cc: eharris@cria.org; ; CityClerk <CityClerk@slocity.org> Subject: Fwd: Scanned document from HP ePrint user ---------- Forwarded message --------- From: <eprintcenter@hp8.us> Date: Tue, Sep 23, 2025 at 4:53 PM Subject: Scanned document from HP ePrint user To: < Dear Sarah, Thank you for your assistance in getting the documents sent to me. Attached are 18 pages of information and documents telling the story of my attempted sale of my Tiny Home at South Peak MHP at 145 South St. in San Luis Obispo. It is my understanding that South Peak MHP (Harmony Communities) is appealing the Administrative Citation issued by the City on 06/20/25. I cannot attend the hearing but could you have this 18 pages of information given to the Appeals Hearing Administrator. In addition could you advise me what action I should take to have my case be processed by the City. Thanking you in advance for all your help and assistance, I am Sincerely yours This email and attachment are sent on behalf of If you do not want to receive this email in future, you may contact directly or you may consult your email application for spam or junk email filtering options. Regards, 62 HP Team 69 From:Symens, Sadie Sent:Friday, September 19, 2025 2:51 PM To:Mezzapesa, John; Dietrick, Christine Subject:FW: Notice of Review- Davies Attachments:Citation Appeal_FINAL.pdf From: Zion, Sarah <SZion@slocity.org> Sent: Friday, September 19, 2025 2:41 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Belghoul, Amel <ABelghou@slocity.org> Subject: FW: Notice of Review- Davies From: Nancy Gomez <nancy@harmonycom.com> Sent: Friday, September 19, 2025 2:30 PM To: Zion, Sarah <SZion@slocity.org> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Matt Davies <matt@harmonycom.com> Subject: RE: Notice of Review- Davies Good afternoon Ms. Zion, Attached please find the appellant’s written Administrative Appeal. Your September 4, 2025 letter indicated that written evidence must be submitted at least 10 days prior to the hearing, which falls on September 19, 2025. We assume this deadline applies equally to the City (e.g., City Attorney’s oƯice), but if that is not the case, please let us know. In addition, we formally request copies of any evidence or written materials submitted by the City to the hearing oƯicer beyond the administrative record that accompanied your September 4, 2025 letter. Thank you, Nancy Gomez 70 Paralegal 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209)926-7457 Main: (209)932-8747 nancy@harmonycom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 4, 2025 1:17 PM To: Matt Davies <matt@harmonycom.com> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: Notice of Review- Davies Matthew Davies, Please see the attached. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 APPELLANT’S ADMINISTRATIVE APPEAL Jason Dilday SBN: 215968 6653 Embarcadero Drive, Ste C. Stockton, CA 95219 (209) 653-7575 jason@harmonycom.com Attorney for Appellant CITY OF SAN LUIS OBISPO ADMINISTRATIVE HEARING In the matter of: Village Properties LLC, a California limited liability company/Harmony Communities Administrative Citation Appeal Administrative Citation: ADM 00040264 APPELLANT’S ADMINISTRATIVE APPEAL INTRODUCTION Village Properties LLC, a California LLC / Harmony Communities (the "Park" or "Appellant"), hereby submits this written appeal of Administrative Citation #ADM 00040264 issued by the City of San Luis Obispo (the "City") on or about July 2025. This appeal is submitted pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code ("SLOMC") and the Notice of Hearing Officer Review dated September 4, 2025. As elected in our initial appeal filing on July 31, 2025, we request a review on the record without a live hearing. The citation alleges a violation of SLOMC Chapter 5.44 (Mobile Home Park Rent Stabilization Ordinance, or "Ordinance") based on the Park's proposed rent adjustment for Space A28 upon the anticipated change of ownership of the recreational vehicle ("RV") located there. Specifically, the City claims the proposed adjustment to fair market rent (approximately 108% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 APPELLANT’S ADMINISTRATIVE APPEAL above the prior rent) violates SLOMC § 5.44.060(C), which limits increases to 10% upon a change of ownership of a "mobile home" that does not result in vacation of the space. For the reasons set forth below, the citation is without merit and should be reversed and dismissed in full. The proposed rent adjustment complies with the Ordinance and applicable law. The unit on Space A28 is an RV, not a "mobile home" subject to the Ordinance. Further, Ms. Linda Valentine (the current owner) has vacated the space, triggering the fair market rent provision of SLOMC § 5.44.060(C). Finally, the tenancy is governed by a long-term lease that expressly exempts it from the Ordinance under SLOMC § 5.44.030(E). Supporting evidence, including the lease agreement, correspondence, and DMV registration, is attached as Exhibits A– F. FACTUAL BACKGROUND South Peak Mobile Home Park is a mobile home park within the meaning of SLOMC § 5.44.020(B). Space A28 is subject to a Long Term Rental Agreement (the "Lease") dated July 13, 2023, between the Park and Ms. Valentine (and her co-owner, Vanessa Valentine). (Exhibit A: Lease.) The Lease is for a 20-year term and expressly states on its first page that it "WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44." The RV on Space A28 is a 1995 Fleetwood Terry Resort trailer, registered as a vehicle with the California Department of Motor Vehicles ("DMV") (not the Department of Housing and Community Development ("HCD")), and designed for mobility. (Exhibit B: 2018–2019 DMV Registration Card; Exhibit C: Purchase Agreement.) Ms. Valentine has vacated Space A28 and is selling the RV. Her attorney confirmed this in writing on June 25, 2025: the RV is to "remain vacant until sold," and Ms. Valentine is no longer entitled to occupy it. (Exhibit D: June 25, 2025 Email from Counsel.) Upon sale, the new owner will assume the long-term lease adjusted to fair market rent, as permitted by section 5.2 of the Lease. The City's May 30, 2025 letter (Exhibit E) asserted a potential violation, claiming the RV qualifies as a "mobile home" under the Ordinance and California Civil Code § 798.3(b) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 APPELLANT’S ADMINISTRATIVE APPEAL (Mobilehome Residency Law, or "MRL"), and that the 10% limit applies. The Park responded on July 19, 2025, explaining why the Ordinance does not apply. (Exhibit F: Park's Email Response to Sadie Symens.) Despite this, the City issued the citation. LEGAL ARGUMENTS The Ordinance does not apply to the facts here for at least three independent reasons. The Hearing Officer should reverse the citation on any one of these grounds. A. The Unit on Space A28 Is an RV, Not a "Mobile Home," and Thus Not Subject to the Ordinance The Ordinance regulates "mobile home parks" and "mobile homes" but does not define "mobile home." SLOMC § 5.44.020. Courts interpret undefined terms based on their ordinary meaning and the Ordinance's purpose. (See SLOMC § 5.44.010 (Purpose and Intent).). Courts interpret undefined terms based on their ordinary meaning and legislative purpose (see Yee v. Mobilehome Bd. (1992) 503 U.S. 519, 528). The Purpose and Intent (§ 5.44.010(C)) emphasize protections for structures with "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, [and] the lack of alternative homesites for mobile home residents." RVs like the one on Space A28 do not share these characteristics: they are designed for easy relocation, registered with the DMV as vehicles (not HCD as structures), and lack permanent installation requirements. Moving an RV incurs minimal cost or damage risk compared to a true mobile home, which is installed on the site. The City's reliance on MRL § 798.3(b) is misplaced. The Ordinance, last amended in 1992, predates § 798.3(b) and does not incorporate it. Local ordinances are not automatically amended by subsequent state law absent explicit adoption. At enactment, the MRL definition explicitly excluded RVs: “Mobilehome… does not include a recreational vehicle” (Cal. Civ. Code § 798.3 (1988 version)). Even under current § 798.3(b), RVs receive only limited protections after nine months’ occupancy, and § 798.73 expressly allows parks to require RV removal upon sale. The Ordinance’s silence on RVs cannot override this distinction. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 APPELLANT’S ADMINISTRATIVE APPEAL The 10% limit in SLOMC § 5.44.060(C) applies only to "change of ownership affecting a mobile home." Without a mobile home, the limit does not apply, and the Park may set fair market rent upon turnover. B. Ms. Valentine Has Vacated the Space, Triggering Fair Market Rent Under SLOMC § 5.44.060(C) Even assuming arguendo the RV qualifies as a mobile home, the 10% limit does not apply. SLOMC § 5.44.060(C) states: "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." Ms. Valentine has "permanently vacated the space" by agreement with her counsel, leaving the RV vacant pending sale. This is a “change of ownership resulting from vacation of the space,” allowing adjustment to fair market rent. The Director’s contrary interpretation—that “vacation of the space” requires physical removal of the unit—renders the text meaningless. If a unit is removed, there is no “change of ownership” of that unit in the space. Statutes must be interpreted to avoid surplusage (see Kaanaana v. Barrett Business Services, Inc. (2021) 11 Cal.5th 158, 168–170). The only reading that gives effect to both clauses is that “vacation” refers to the tenant vacating, not physical removal. The City's interpretation would render the provision meaningless, as a "new unit... owned by a new owner" means there could never be a "change of ownership resulting from vacation." The Ordinance's intent (§ 5.44.010(F)) supports vacancy decontrol to protect sales in place, but only where the space is not vacated. Here, it is vacated, so fair market rent applies. C. The Long-Term Lease Exempts Space A28 from the Ordinance SLOMC § 5.44.030(E) expressly exempts from the Ordinance’s rent stabilization provisions: “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but only for the duration of such lease or contract.” This is a deliberate policy choice balancing tenant security with incentives for long-term stability (see Guggenheim v. City of Goleta (9th Cir. 2010) 638 F.3d 1111, 1120). The Lease for Space A28 qualifies unequivocally under this exemption. Executed on July 13, 2023, it establishes a 20-year initial term, far exceeding the "more than a year" threshold 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 APPELLANT’S ADMINISTRATIVE APPEAL (Exhibit A, Lease, p. 1 and § 1.1, defining the "Initial Term" as 20 years from commencement). The Lease prominently features a boldface notice on its first page stating: "THIS LONG TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED." Ms. Valentine (and co-owner) signed the Lease, acknowledging its terms, including the attachment of the full Ordinance text for her review. This notice and structure align with best practices for long-term agreements, ensuring transparency and informed consent. The proposed rent adjustment upon change of ownership is explicitly authorized by the Lease and falls within the exemption's scope. Section 5.2 provides: "the rent shall be increased effective upon the transfer of this Agreement and/or one month before the expiration of the Initial Term of this Agreement to an amount determined by Park to be the fair economic rental value ('Market Rental Value') for the Site." Additionally, § 21.1 mandates assignment of the Lease upon sale: "This Agreement is subject to a mandatory assignment…" Upon Ms. Valentine's sale of the RV, the Lease is assigned to the buyer, continuing the same 20-year agreement without creating a new tenancy. The exemption applies "for the duration of such lease or contract," meaning it persists through the assignment, covering the rent adjustment as a term of the ongoing Lease. This is not a circumvention of the Ordinance but a direct application of its exemption, allowing park owners to negotiate market-based adjustments in long-term arrangements while providing tenants with extended security. The City's position ignores this clear exemption. The SLO Ordinance retains § 5.44.030(E) without amendment. Absent a local amendment removing the exemption—none of which has occurred based on available records—the provision remains in full force. The Leas e, signed in 2023, is thus exempt under local law. This interpretation advances the Ordinance's equitable goals (§ 5.44.010(G)), encouraging long-term leases that provide predictability for residents while enabling owners to recover fair returns upon turnover. Enforcing the 10% limit here would contravene the plain language of § 5.44.030(E), discourage long-term investments, and retroactively undermine 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 APPELLANT’S ADMINISTRATIVE APPEAL agreements entered in reliance on the exemption. The Hearing Officer should uphold the exemption and find no violation, as the proposed adjustment complies with the Lease terms during its exempt duration. THE CITATION SHOULD BE REVERSED TO AVOID BROADER HARM Reversing the citation aligns with the Ordinance’s equitable goals. If the City’s expansive interpretation is upheld, park owners will be compelled to enforce stricter policies—such as requiring RV removal upon turnover, as authorized by Civil Code § 798.73—which would reduce flexibility for in-place sales and likely harm residents. A faithful reading of Chapter 5.44 avoids these unintended consequences. REQUEST FOR RELIEF The Appellant respectfully requests that the Hearing Officer reverse the citation, find no violation of SLOMC Chapter 5.44, and dismiss Administrative Citation #ADM 00040264 in full. No fines, penalties, or further action should be imposed. If additional information is needed, we are available at the contact details above. Dated: September 19, 2025 Jason Dilday Attorney for Appellant EXHIBIT A r r THIS LONG TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED. Lot: A28 SOUTH PEAK MHP LONG TERM RENTAL AGREEMENT THIS RENTAL AGREEMENT IS AN IMPORTANT DOCUMENT THAT HAS LEGAL CONSEQUENCES. IT IS RECOMMENDED THAT HOMEOWNER HAVE IT REVIEWED BY AN ATTORNEY PRIOR TO EXECUTING THE DOCUMENT. This Park is an Equal Housing Opportunity Provider We do business in accordance with the Federal Fair Housing Law (!) ~ IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, HANDICAP OR DISABILITY, FAMILIAL STATUS, MARITAL STATUS, SEXUAL ORIENTATION OR ANY OTHER PROTECTED CLASS. South Peak LONG-reRM R£KTAL.AOREEMENT This RENTAL AGREEMENT (hereinafter "Agreement'') is made and entered into this 13th day of July, 2023 or upon escrow closing, by and between the owner of South Peak MHP (hereinafter the "Owner") and those persons who have signed this Agreement, Linda Valentine & Vanessa Valentine as the homeowner(s) (hereinafter collectively the "Homeowner''). HOMEOWNER ACKNOWLEDGES AND REPRESENTS : HOMEOWNER EITHER OWNS OR IS PURCHASING THE MOBILEHOME ON THE LOT AND ANY ACCESSORY STRUCTURES BUT IS NOT PURCHASING THE LOT OR LAND WITHIN THE PARK. OWNERSHIP OF THE LOT AND LAND REMAINS WITH THE OWNER. ADJACENT PROPERTY IS, OR MAY BE, CAUSING ENVIRONMENTAL HAZARDS SUCH AS NOISE, DUST, ODOR, NOXIOUS FUMES, ETC. HOMEOWNER FOREVER RELEASES AND DISCHARGES OWNER FROM ANY DAMAGE OR INJURY WHICH HOMEOWNER HAS SUFFERED, OR MAY SUFFER, TO THE FULLEST EXTENT PERMITTED BY LAW. HOMEOWNER HAS CONDUCTED AN INDEPENDENT INVESTIGATION OF THESE MATTERS. HOMEOWNER ASSUMES ALL RESPONSIBILITY FOR THE MOBILEHOME, INCLUDING, BUT NOT LIMITED TO, TITLING AND REGISTRATION, PAYMENT OF TAXES, INSURANCE, GOVERNMENT FEES, AND MAINTENANCE OF THE MOBILEHOME AND ACCESSORY EQUIPMENT. OWNER MAKES NO REPRESENTATION RESPECTING HOMEOWNER'$ ABILITY TO SELL THE MOBILEHOME FOR THE PRICE PURCHASED OR FOR ANY OTHER PRICE. OWNER HAS NO OBLIGATION TO TAKE ANY ACTION TO PRESERVE THE VALUE OF HOMEOWNER'S MOBILEHOME. HOMEOWNER AGREES THAT OWNER IS NOT RESPONSIBLE FOR ANY CONDITION THAT AFFECTS MOBILEHOME SALES PRICES INCLUDING RENT TO BUYER, LEASE TERMS OFFERED TO BUYER OR CONDITION OF OTHER MOBILEHOMES IN PARK, OTHER THAN IMPOSED BY LAW OR NOT WAIVABLE LEGALLY. HOMEOWNER'S TENANCY WITH OWNER IS SUBJECT TO TERMINATION UNDER ANY AND ALL PROVISIONS OF THE CALIFORNIA MOBILEHOME RESIDENCY LAW. South Peak LOH~ TERM RENTAL AGREEMENT PAMZ 1. SPECIFIC INFORMATION. 1.1 Lot: Owner agrees to rent to Homeowner and Homeowner agrees to rent from Owner the Lot No. A28 {hereinafter the "Lot") in South Peak MHP. 1.2 Term: The tenancy created under this Agreement shall be for the following term : (Check one:) Ten (10) year lease commencing on ___ and ending on ___ _ X Twenty (20) year lease commencing on 07/13/2023 and ending on 6/30/2043 The term of this Agreement will automatically renew for the same term {i.e. 10 years or 20 years) unless terminated prior to expiration. 1.3 Rent and other Charges: Base Rent Guest Fee Late Rent Charge Check Handling Charge Security Deposit 1.4 Utilities: The beginning rent shall be $695.00 per month. Thereafter, unless otherwise prohibited by law, the Base Rent will be increased annually pursuant to paragraph 5. 1. $ ________ per month . $50 $35 $695.00 1.4.1 Provided and separately billed to Homeowner, or paid by Homeowner to Utility: Utility Paid by Homeowner to Park Will Bill Monthly Utility Natural Gas X Electricity X Water X Telephone X Cable 1V X Sauth Peak LONG-TERM RElfTALAGREEMENT PAOE3 r r Internet X Trash X Sewer X 1.4.2 Provided without separate charge to Homeowner: Utility Provided without charge by Park Natural Gas Electricity Water Telephone Cable TV Internet Trash Sewer 1.5 Occupants of mobilehome upon the commencement date of this Agreement: 1.5.1 Homeowner(s) as listed on the last page of this Agreement. 1.5.2 ADDITIONAL RESIDENTS: XNone Names: 1.5.3 ADDITIONAL OCCUPANT($) WITH NO RIGHTS OF TENANCY PURSUANT TO CALIFORNIA CIVIL CODE SECT. 798.34(e): XNone One (1} companion:. ______________ _ Live-in caregiver: _______________ _ Family member under care of senior: ________ _ 1.6 The specific information provided in this paragraph 1 is only a summary and is more fully detailed in this Agreement. South Peak LONIP TERM RENTAi. AGREEMENT r 2. DEFINITIONS. The definitions set forth below shall apply unless more specifically defined within another provision of this Agreement. Note, unless otherwise stated, the terms defined herein are not the definitions set forth in the Mobilehome Residency Law (California Civil Code §§ 798 et seq.). 2.1. "Park" means South Peak located at 145 South Street, San Luis Obispo, CA 93401. 2.2. "Homeowner," encompasses the definition set forth in the Mobilehome Residency Law and means, that person(s) who has/have a tenancy in the Park pursuant to this Agreement. 2.3. "Owner" means the legal owner{s) of the Park, except for the following: For those provisions of this Agreement that are for the protection or benefit of Owner (including, but not limited to, provisions that waive Homeowner's claims or rights, release or discharge Owner, or acknowledge, represent or warrant to Owner), "Owner" includes Owner's past, present and future principals, and representatives including but not being limited to Owner's professional management companies, independent contractors, employees, agents and attorneys. The parties agree that this definition provides more protection to these managers and other representatives than they would otherwise enjoy, but the parties acknowledge that said managers and representatives have such protections here. 2.4. "Resident," as defined in the Mobilehome Residency Law is a homeowner or other person who lawfully occupies a mobilehome. 2.5. "Additional Occupant" includes persons sharing the Lot pursuant to California Civil Code§ 798.34, such as a guest, companion, live-in caregiver, or family member under the care of a senior. 2.6. "Common Facilities of the Park," "Park Facilities" and "Common Areas" mean those facilities of the Park generally available for use by Resident(s) and their [accompaniedJ guests. 2.7. "Lot" means the real property portion of the Park designated or used for the occupancy of one mobilehome, which real property is rented to Homeowner by Owner, and the area one foot below and 16 feet above grade. The boundaries of the real property rented to Homeowner shall be the lesser of either (1) the lot lines as determined by a governmentally approved survey or by a recorded plot plan, if applicable, or (2) the apparent physical boundaries of the Lot as they exist at the time of execution of this Agreement. However, if the area necessary to comply with setback requirements of state and local agencies comprises a smaller area than stated above, then this smaller area shall comprise the "Lot." 2.8. "Mobilehome Residency Law" means those provisions of the California Civil Code §§ 798 et seq. which are known as the "Mobilehome Residency Law" (induding any future changes to it, except to the extent such change operates to the South Peak LONG-TERN RENTAL AOREENENT PAGES r detriment of Owner, in which case such change shall be recognized only to the extent required by law). 2.9. "Owner's approval" or "approval of Owner," "Owner's consent" or "consent of Owner" or other similar terms as used in this Agreement or in other documents referred to in this Agreement, means that the Owner's prior written approval must be obtained by Homeowner before Homeowner commences any such action requiring Owner's approval. If Owner's prior written approval is required, Homeowner shall submit a written request to Owner, which describes the action Homeowner proposes to take and for which Owner is requested to give prior written approval. Without limiting the foregoing, Homeowner agrees that if Homeowner does commence any construction, alterations and/or improvements without Owner's approval, Homeowner will remove such unapproved items immediately upon notice by Owner. 2.10. "Rules and Regulations" or other similar terms as used in this Agreement or in other documents referred to In this Agreement, means those rules described in Civil Code§ 798.15(b) and§ 798.25 (as may be amended). 3. PAYMENT OF RENT1 UTILITIES, INCIDENTAL REASONABLE SERVICE CHARGES AND SECURITY DEPOSIT. 3.1. Homeowner shall pay in advance (without deduction or offset to the fullest extent of the law) to Owner on the first day of each month: 3.1.1. The Base Rent as defined in paragraph 1.3. 3.1.2. All utility charges billed to Homeowner by Owner during the month. 3.1.3. The guest fee listed in paragraph 1.3 above shall be assessed for each calendar month or any portion thereof. for each guest who has stayed more than a total of twenty (20) consecutive days or a total of thirty (30) days in any calendar year. Such guest fee shall commence the day after a guest has exceeded the grace time specified in the preceding sentence and shall be payable in full for each calendar month or portion thereof. 3.1.4. Such other amounts and charges as are set forth herein, authorized or required by law, or added or increased as provided by law or this Agreement or amendments thereto. Utilities, late charges, and incidental reasonable service charges may be adjusted by Owner at any time to the fullest extent permitted by law. 3.2. Rent. The Rent shall include the Base Rent, defined in paragraph 1.3, and all additional rent as set forth in this Agreement. 3.3. Rent shall be paid by check, cash or money order at the Park Office located at 145 South Street, San Luis Obispo, CA 93401, or such other address as provided by Owner upon notice to Homeowner. If any tendered payment of Rent is dishonored by the bank for Non-Sufficient Funds (NSF) or Stop Payment, Owner may, upon at least ten (10) days' written notice to Homeowner, require payment to be made in cash or equivalent for a period not to exceed three (3) months after the date of notice South Peak LON~ TERM REHTAL AORliEMENT PAGE6 r from the Owner as provided by law. If the rent is not paid to the office by 5:00 p.m . on the sixth (6th) day of the month, the late charge specified in paragraph 1.3 above shall be charged. The acceptance by Owner of any late or partial payment shall not constitute a waiver of any breach of any term or provision of this Agreement. 3.4. Security Deposit. Any new Homeowner moving into the Parle shall be required to, upon execution of this Agreement, deposit the amount specified in paragraph 1.3 above as a security deposit for the performance by Homeowner of the provisions of this Agreement. In the event Homeowner defaults on any provision of this Agreement, Owner may use the security deposit, or any portion of it, to cure any default on any of the provisions of this Agreement. In addition, Homeowner shall, on demand, immediately pay to Owner a sum equal to the portion of the security deposit expended or applied by Owner in this paragraph, so as to maintain the security deposit in the sum initially deposited by Owner. In no event shall the security deposit held by Owner exceed twice the initial Base Rent. Owner may maintain the security deposit with Owner's general and other funds. Owner will not be required to pay to Homeowner interest on the security deposit. 3.5. If Homeowner is not in default upon the expiration or termination of this Agreement, Owner shall return the security deposit or any balance thereof, to Homeowner within twenty-one (21) days after termination of tenancy. If Homeowner is in default, Owner shall refund the full amount of the security deposit less any amounts owing to Owner by Homeowner for rent, utilities, or other charges due, but unpaid by Homeowner at the time Homeowner vacates the Parle. 4. UTILITIES. 4.1. Owner shall provide and separately bill to Homeowner for the utilities set forth in paragraph 1.4.1. above. Upon sixty (60) days· prior written notice to Homeowner, Owner may require Homeowner to contract with the appropriate utility provider for service and to pay directly for one or all of the utilities which have previously been separately billed to Homeowner. In such event, Homeowner may be required to pay a deposit to the utility provider and/or may be charged at a rate for the utility or service which differs from the rate then currently charged by the Park. 4.2. Utilities will be billed monthly, in arrears. Utility rates charged by Owner which are governed and set by law (such as electricity, gas) shall be billed at the maximum rate as allowed by law. Utilities not so governed shall be charged by Owner to Homeowner by, at the election of Owner, one of the following: 4.2.1 . The rate and fees charged by the servicing utility or utility provider in the area in which the Park is located for delivering said utility and utility services to single family detached residences. 4.2.2. The amount billed to Owner by the providing utility and utility service for the entire Park, divided by the number of spaces in the Park . In determining these amounts, the charges may, at the election of Owner, be annualized and be considered on a full twelve (12} month basis. South PPk LONG, TERM RENTAL AGREEMENT PAGE7 r 4.2.3. Any method reasonably determined to be fair by Owner. Homeowner shall contract with the appropriate utility company or provider and pay directly for all other utilities and/or services, such as telephone, cable T .V. and Internet, as required or desired by Homeowner. 4.3. Owner shall not be liable for any loss or injury, and Homeowner shall not be entitled to any abatement or reduction of Rent by reason of Owner's failure to furnish any of the foregoing utilities when failure is caused by accident, breakage, repairs, strikes, or other labor disputes or by any other cause, similar or dissimilar, beyond the reasonable control of Owner. Homeowner acknowledges that any interruption of any utility service beyond control of Owner is not cause for non-payment or deduction of any amount billed to Homeowner by Park. (Please Note: The provisions of the paragraph below entitled "INDEMNIFICATION" apply to this paragraph.) 4.4. Utilities are provided by utility companies and other service providers to the Park, and Owner is not responsible for any variances or problems in the quality of utilities provided by utility companies and/or service providers. Such variances include, but are not limited to, the condition, taste, color or smell of water; interruption of gas or electrical service; or problems with gas, electrical, water or sewer systems on Homeowner's side of the meter or hookup or outside of Owner's side of its meter or hookup to the serving utility. 4.5. Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Lot, any apparatus or device for the purposes of using electric current, natural gas, or water. 4.6. Homeowner is responsible for detennining that Homeowner's mobilehome as well as all appliances and additional equipment used on or at the Lot is compatible with the electric service of the Park, and Homeowner agrees and acknowledges that Park has no liability or responsibility to Homeowner if the available electrical supply is not compatible. In such instance, Homeowner shall reduce draw on the electrical system to compatibility. 4.7. Homeowner is responsible for maintenance and repair of all utility lines (including, but not limited to, wiring, cabling, gas lines, water pipes, sewer pipes or conduit) between the Park's utility connection for the Lot and Homeowner's mobile home. 4.8 . Whenever it is necessary for Owner to make repairs or improvements to the Park's utility systems, Owner will have the right to suspend temporarily the delivery of the affected utility/utilities. However, a reasonable notice will be given to Homeowner as c ircumstances permit. All such repairs and/or improvements will be completed as rapidly as may be practical and, if possible, at such times which will cause the least inconvenience to Homeowner. 4.9. Homeowner agrees to review all utility billing statements and to notify Owner in writing of any issues detected within thirty (30) days of receipt thereof. 4.10. Homeowner agrees to cooperate with Owner in all matters affecting the Park and its operation, including, but not limited to, any effort by the Park to install solar South Peak LOIIIG-TERN RENTAL AGI\EEMENT PAGE 8 r energy and/or tum over the natural gas and electrical systems to the serving utility or its affiliates, and any efforts to comply with drought compliance regulations and fire prevention efforts. 4.11. Proposition 65 Warning: The Lot as well as the Common Areas in and around the Park contain at least one of the chemicals known to the State of California to cause cancer or reproductive toxicity and for which warnings are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, chlorine, carbon monoxide and gasoline components. For more information, go to www.P65Warnings.ca.gov. 5. RENT ADJUSTMENT NOTICES. 5.1. On January 1 of each subsequent year (hereinafter the "Anniversary Date"), and each year thereafter, the Base Rent then in effect shall be Increased by an amount determined by multiplying the rent then in effect by the percentage increase in the Consumer Price Index (uCPI") for All Urban Consumers for San Jose-Sunnyvale- Santa Clara. CA as published by the United States Department of Labor, Bureau of Labor Statistics, plus two percent (2%), during the twelve (12) month period between August of the prior year and August of the current year. However, in no event shall the increase adjustment under this paragraph be less than four and ninety-five hundredths percent (4.95%) or greater than eleven percent (11 %) over the prior year's rent if the term of the Agreement as set forth in paragraph 1 .2 above is a 10-year term or three and ninety-five hundredths percent (3.95%) or greater than nine percent (9%) over the prior year's rent if the term of the Agreement as set forth in paragraph 1.2 above is a 20- year term. In the event the foregoing Consumer Price Index is discontinued or revised, another governmental index then in existence may be selected by the Park and used to obtain substantially the same result as if the foregoing index had not been discontinued or revised. 5.2. Notwithstanding anything contained herein to the contrary, the rent shall be increased effective upon the transfer of this Agreement and/or one month before the expiration of the Initial Term of this Agreement to an amount determined by Park to be the fair economic rental value ("Market Rental Value") for the Site. Park's determination of that amount shall be final and binding and conclusive for all purposes unless and until determined by a court or final binding arbitration award to have been determined to be both made in bad faith and objectively unreasonable. Park may utilize a land residential approach. highest and best use, existing use, or any other methods, factors, or combination thereof, to make that determination, including, but not limited to, multiple factors, so long as it is made in good faith or is objectively reasonable. 5.3. Homeowner agrees to review all rent adjustment notices and billing statements and to notify Owner in writing of purported errors or discrepancies within thirty (30) days of receipt thereof. 5.4. Homeowner agrees that no act (including, but not limited to, noticing and collecting of any subsequent rent adjustment), omission, or delay on the part Owner in noticing any Rent adjustment or portion thereof shall excuse, waive, or impair Owner's South Peak LONG-TERM RENTAL AGREEIIIEfll PM&.9 r right to notice and collect any such rent adjustment amount or portion thereof at a later date upon giving the required notice, if any, in this Agreement. 6. TAXES, GOVERNMENT INSURANCE. ASSESSMENTS, CAPITAL EXPENSES, 6.1. Homeowner shall pay directly to the assessing body or party all municipal, county, state and federal taxes, assessments, fees or other charges levied upon Homeowners mobilehome and other property on the Lot. 6.2. Any and all taxes and assessments and installment of taxes and assessments required to be paid by Homeowner under this Agreement shall be paid by Homeowner at least ten (10) days before each such tax, assessment, or installment of tax or assessment becomes delinquent. Upon three (3) days prior written notice from Owner, Homeowner shall deliver to Owner the official and original receipt evidencing the payment of any taxes, assessments, and other charges required under this paragraph "Taxes, Government Assessments, Capital Expenses, Insurance." 6.3. Homeowner shall indemnify and hold Owner free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this paragraph to be paid by Homeowner and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. 6.4. Homeowner shall indemnify and hold Owner, Owner's employees, agents and property, including the Park and any improvements now or subsequently located in or on the Park, free and harmless from any liens, liability, loss or damage resulting from any taxes, assessments or other charges required to be paid by Homeowner and from all interest penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. 6.5. Should Homeowner fail to pay within the time specified in this paragraph, any taxes, assessments or other charges required to be paid by Homeowner, Owner may, without notice to or demand on Homeowner, pay, discharge, or adjust such tax, assessment or other charge for the benefit of Homeowner. In such event, Homeowner shall promptly, upon written demand of Owner, reimburse Owner for the full amount paid by Owner in paying, discharging, or adjusting that tax, assessment or other charge together with interest thereon at the then maximum legal rate from the date of payment by Owner until the date of repayment by Homeowner. This Agreement may create a possessory interest, which possessory interest vests in the Homeowner, and the Homeowner may be subject to payment of property taxes levied on the possessory Interest, If created. Homeowner will be responsible for all such taxes whether they are on the home or the Lot. 6.6. Homeowner shall pay Homeowner's pro rata share (on a per space basis) any increase in Owner's real property taxes or assessments from and after the commencement of this Agreement, which increase in real property taxes or assessments is in excess of two percent (2%) in any given year, not to exceed fifty dollars ($50.00) per month. South Peak LONG-TERM RENTAL AGREEMENT PAGE10 r 6.7. Unless otherwise prohibited by law, Owner may pass through to Homeowner any and all governmental assessments related to the operation of the Park. For governmental assessment increases of a continuing nature, Base Rent may be increased by such amount as is necessary to cover the increase in such assessment. The Base Rent shall be adjusted equally in an amount necessary for each lot in the Park to cover its pro-rata share of the increase in such cost. Government assessments shall not include federal, state or local income taxes. 6.8. Capital Improvement and Capital Replacement Pass Through. 6.8.1. The term "Capital Improvement" refers to anything or item which is new and not before existing in the Park with a useful life of one (1) year or more. Examples of Capital Improvement: Construction of a new swimming pool where none existed before, adding new extensive landscaping where none existed before. 6.8.2. The term "Capital Replacement" refers to replacement of any existing thing or item in the Park with a useful life of one (1) year or more. Examples of Capital Replacements: A roof to replace the old roof on the existing clubhouse; repaving of the streets (as compared with an asphalt patch to the street). 6.8.3. The amount of the increase to the Rent shall equal the total cost of Capital Improvements or Capital Replacements (as defined above) made by the Park during the twelve (12) month period preceding the month in which the current Rent increase notice is given, amortized over the useful life of the improvement, divided by twelve (12) and divided by the number of Homesites in the Park. Owner shall be entitled to receive interest on the cost of such Capital Improvement and/or Capital Replacement, calculated by utilizing a ten percent (10%) interest factor. 6.9. Insurance. If, after taking the costs for insurance (as defined below) during the comparison period and comparing these costs with the costs during that term, the costs for Insurance have increased, the Rent in effect shall be increased by the amount of that increase, divided by twelve (12) and divided by the number of lots in the Park. The term "Insurance" means and includes all amounts paid by the Park for insurance, including, but not limited to, insurance for any claim, loss, damage or injury to property or person, including fire, earthquake, flood, vandalism, burglary, or theft. The term "Insurance" shall also indude premiums paid by the Park for workers' compensation insurances. 6 .1 o. Uninsured Losses. If there have been costs associated with Uninsured Losses (as defined below) during the time this Agreement is in effect, the Rent then in effect shall be increased by the amount of Uninsured Losses divided by twelve (12) and divided by the number of lots in the Park, amortized over a five (5) year period. The term "Uninsured Losses" is defined as either: (1) any losses for which Owner is not fully compensated by insurance or (2) any losses for which the Owner is ordered by any court or arbitrator to pay as damages or to compensate any person or group of persons, because of any claim, lawsuit, arbitration or administrative action brought against the South Peak LONG-TERM RENTAL AGREEMENT PAGE11 r Owner and which is, for any reason, not paid by an insurance company (including, but not limited to, any good faith and reasonable settlement of any claim, with or without litigation or arbitration). Uninsured Losses shall be limited to losses related to, connected with, or concerning the operation, management, maintenance, leasing, or ownership of the Park or management of the Park for a violation of the Mobilehome Residency Law. 6.10. 1. Notwithstanding anything contained above, Owner shall bear the responsibility of two percent (2%) or $2,000.00, whichever is greater, for Uninsured Losses. 6.10.2. When Uninsured Losses necessitate Owner replacing or repairing Park property, the total amount of Uninsured Losses shall include the actual cost incurred by Owner to replace or reconstruct any property, including legal and engineering fees related to said replacement, plus all interest, points and other costs and charges relating to the borrowing of any sums during the period of construction or installation. Such interest, points, fees or other costs and charges shall not exceed an amount equal to that charged by an institutional lender of Owner's choice. 6.10.3. Any and all of the above-mentioned Rent adjustments shall comprise additional rent and be included in Homeowner's Rent. 7. HOLDOVER TENANCY. If Homeowner remains in possession of the Lot after the expiration of the term of this Agreement, defined in paragraph 1.2, and has not executed a new rental agreement with respect to the Lot, said possession by Homeowner shall be deemed a month-to-month tenancy. When Homeowner holds over possession of the Lot, Owner may, upon written 90-Day notice, increase the Rent and other charges of the Park unless otheiwise prohibited by law. 8. RESPONSIBILITY OF THE PARK. 8.1. It is the responsibility of the management to provide and maintain the physical improvements in the Common Facilities of the Park in good working order and condition. Owner shall provide improvements, including streets, and will also provide the following improvements if checked on the list below: Improvement Park Number Provides Provided Non-Restricted Parking Areas Clubhouse Tennis Court Basketball Court Laundry Facility X 1 Restroom Facility South Peak LONG-TERM RENTAL AGREEMENT PAGE 12 r Spa Lake Volleyball Court Beach Greenbelts Dock Picknick Areas BBQ Grills Gym 8.2. Owner may discontinue or modify any service or facility listed, but only upon the giving of lawful notice to Homeowner. The Park provides no services other than utilities. (Please note: Furniture, equipment and other items of personal property located in the Common Facilities which belong to Resident or Resident(s)' clubs, associations or other organizations or services provided by Resident or such organizations, are not the responsibility of the Park to provide or maintain). 8.3. With respect to any sudden or unforeseeable breakdown or deterioration of the physical improvements of the Park, management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. 8.4. Any available heating, cooling and lighting of pools, clubhouse, and other Common Areas will be turned on as required to maintain reasonable accessibility during normal hours of usage to the extent reasonable and permitted by law. 8.5. The Park may, upon the giving of lawful notice, amend, delete, add or modify any of the services or facilities provided. 9. AL TERA TION OF THIS AGREEMENT. This Agreement may be altered by Homeowner only by written agreement signed by both of the parties or by operation of law. This Agreement may be altered by Owner by written agreement signed by both of the parties, by operation of law or in any manner provided for by the Mobilehome Residency Law or other applicable law. Except for the amount of Rent and the duration of this Agreement, each provision of this Agreement shall be deemed to be a Rule and Regulation, as well, and may be amended, modified, or otherwise changed and enforced as a Rule and Regulation under the Mobilehome Residency Law. 10. MOBILEHOME OCCUPANCY AND ADDITIONAL OCCUPANT. South Peak I.OIIG-TERM RENTAL AGREEMENT PAGE13 r 10.1. If Homeowner is living alone and wishes to share occupancy of his or her mobilehome with one (1) other person, Homeowner may do so, and a fee shall not be imposed by Owner for that person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by the Rules and Regulations of the Park and shall register with the Owner. Homeowner may only designate one person at a time as a companion and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by Owner. Owner may refuse to allow a Homeowner to share his or her mobilehome with a companion if Homeowner does not provide documentation showing the proposed companion meets the age restrictions of the Park, if any. 10.2. Any Additional Occupant. family member or other invitee of Homeowner shall at all times be bound by the Rules and Regulations and any other residency documents, and any conduct by them in violation of such Rules and Regulations or other residency documents shall be deemed a violation by the Homeowner. The Homeowner promises and warrants that each such Additional Occupant, family member or other invitee will at all times comply with all Rules and Regulations. 10.3. For any guest who stays more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year, such guest must register with the Owner. Homeowner will be charged an Additional Occupant fee as referenced in paragraph 1.3 of this Agreement. However, no such charge will be imposed if the occupant is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. 11 . INCORPORATED DOCUMENTS. The following documents, as they may be amended, modified, or otherwise changed from time to time, as permitted by the terms of this Agreement, are attached as exhibits to this Agreement and incorporated herein by this reference, and Homeowner acknowledges receipt of a copy of the same: 11.1. California Civil Code provisions known as the "Mobilehome Residency Law" attached hereto as Exhibit A; 11 .2 . The Park's Rules and Regulations attached hereto as Exhibit B; 11.3. Estoppel Certificate attached hereto as Exhibit C; 11.4. Pet Agreement attached hereto as Exhibit D; 11 .5. Waiver and Release of Liability attached hereto as Exhibit E; 11.6. "Protect Your Family from Lead in Your Home" attached hereto as Exhibit 11.7. Mold and Ventilation Requirements attached hereto as Exhibit G; 11 .8. Mobilehome Park Rental Agreement Disclosure Form Pursuant to Civil Code (Section 798.75.5) attached hereto as Exhibit H; South Peak LONG-T£RIII RENTAL AGRU:MENT PAGl!14 r r 11.9. Notice of Additional Disclosures attached hereto as Exhibit I; 11.10. Important Notice to All Manufactured Home/Mobilehome Owners attached hereto as Exhibit J: 11.11. Incoming Mobilehome Installation and Remodeling Standards attached hereto as Exhibit K; 11.12. City of San Luis Obispo Mobile Home Park Rent Stabilization, Title 5, Chapter 5.44 attached hereto as Exhibit L. 11.13. There is a separate Arbitration Agreement attached as Exhibit M which is not incorporated by reference but attached. 11.14. In the event of any inconsistency between the terms of this Agreement and the terms of any exhibits to this Agreement, the terms of the Agreement shall control to the fullest extent permitted by law, provided that Owner may correct any such inconsistency when identified through reasonable amendmentnnde)i_s,i:h terms cons,stent. ~ V 1v Homeowner's Initials 12. HOMEOWNER'$ WARRANTIES. 12.1. If, on the date of this Agreement, there is not presently a mobilehome located on the Lot, or if Homeowner is to remove the mobilehome presently located on said lot and replace it with another mobilehome, Homeowner acknowledges and agrees that certain representations have been made by Homeowner to Owner as to the make, model, type, size, age and condition of the mobilehome which will occupy the lot and the accessory equipment and structures which will be a part of or installed with the mobilehome. Homeowner warrants to Owner that all representations made regarding the mobilehome and all accessory equipment and structures are true and accurate. Owner may inspect the mobilehome and the accessory equipment, and Homeowner agrees not to substitute another mobilehome or other accessory equipment and structures for the ones approved by Owner unless they meet all of Owner's requirements and specifications and Homeowner has obtained prior written approval of Owner. If Owner determines that said representations are not true and accurate, then Owner may refuse to accept the mobilehome or the accessory equipment and structures for installation, or, if installed without Owner's approval, will be removed by Homeowner. 12.2. Within thirty (30) days of execution of this Agreement, Homeowner shall provide the decal number for the mobilehome located on the lot to the Park's management office. 12.3. [Alternative] Homeowner represents and warranties to Owner that at least one occupant who has signed this Agreement is at least fifty-five (55) years of age, all other Residents are a minimum of L------( )1 of age or older, and any occupant of the Lot will present proof of age within 1 O days of written request. South Peak LONCr TERM RENTAL AGREEMENT PAOE15 13. USE OF LOT AND PARK. 13.1. The Lot shall be used only as a site to locate, maintain and occupy a mobilehome for private residential purposes. Except as otherwise set forth in the Park's Rules and Regulations, no business or commercial activity of any nature shall be conducted on the Lot including, but not limited to: 13.1.1. Any activity requiring the issuance of a business license or permit by any governmental agency, except as otherwise allowed under the Park's Rules and Regulations or California law. 13.1.2. The leasing, subleasing, sale or exchange of mobilehomes. 13.2. At all times at least one of the persons listed on the last page of this Agreement as Homeowner must be a "registered" owner of the mobilehome who at all times occupies the Lot as his/her personal and actual residence. 13.3. Homeowner shall give Owner at least thirty (30) days advance written notice (and request Owner's approval) of the date a mobilehome or any accessory structure will be installed on the Lot, or any change to mobilehome, accessory structure, or Lot in which a permit is required. Homeowner shall obtain the required permit and shall otherwise cause the installation or change to comply with all applicable laws and regulations then in effect, including the Park's Rules and Regulations. Any inspection or approval by Owner, however, is made for the sole benefit of Owner, and Homeowner may not rely upon such inspection or approval to ensure that the item has been installed or constructed correctly or that the work has otherwise been done as required. 13.4. Homeowner shall not make any improvements, alterations, or additions to the Lot or remove or change any existing improvements or landscaping without the prior written consent of Owner. Should Homeowner not obtain Owner's prior written consent, such additions or alterations shall, upon demand of Owner, be promptly removed by Homeowner at Homeowners sole expense. 13.5. No use shall be made or permitted to be made on the Lot, nor acts done, which will increase the existing rate of insurance upon the Park, or cause the cancellation of any insurance policy covering the Park or any part thereof. 13.6. Homeowner shall not commit, or suffer to be committed, any waste upon the Lot, or any nuisance or any other act or thing, including offensive odors, which may disturb the quiet enjoyment of any other Homeowner. 13.7. Homeowner agrees to reasonably cooperate with Owner in all matters affecting the Park and its operation, including, but not limited to, any effort by the Park. to install solar energy and/or turn over any natural gas and electrical systems to the serving utility or its affiliates. 14. COMPLIANCE WITH LAW AND RULES AND REGULATIONS. South Peak LONG-TERM RENTAL AGREEMENT PAoe16 14.1. Homeowner agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, the Rules and Regulations, all rules, regulations, terms and provisions contained in any document referred to in this Agreement. and said rules, regulations, terms and provisions as may, from time to time, be amended, modified or otherwise changed by Owner as permitted by the terms of this Agreement. Any substantial violation of the Rules and Regulations shall be deemed a public nuisance. Homeowner agrees that a breach of this Agreement or any violation of the Rules and Regulations cannot reasonably or adequately be compensated in damages and, therefore, Owner shall be entitled to injunctive relief including, but not limited to, restraining Homeowner from continuing to breach the Agreement or continuing to violate any rules or regulations, term, or condition, or to allow a condition violative of a rule or regulation, term or condition to exist or continue to exist. 14.2. Homeowner is responsible for the actions and conduct of all other occupants, Residents or Additional Occupants of Homeowner's mobilehome and for 1he actions and conduct of Homeowner's guests, licensees and invitees. Homeowner agrees and acknowledges that any violation of the Rules and Regulations by any person residing with Homeowner, or any guest of Homeowner, shall be deemed a failure by Homeowner to perform an express term of this Agreement, and Owner may terminate this Agreement pursuant to the Mobilehome Residency Law as a consequence of such default. 15. MAINTENANCE OF LOT. 15.1. Homeowner shall at all times maintain Homeowner's mobilehome and the Lot in a clean and sanitary condition, and shall cause all rubbish and other debris to be removed from Homeowner's mobilehome and lot on a regular basis. Landscaping on the Lot shall be watered and maintained by Homeowner, at Homeowner's expense. Homeowner agrees not to unreasonably use water to water the landscaping to be used on the Lot, and not to permit standing water, mud or other similar conditions to be created on the Lot, and not to permit excessive water runoff on the Lot or outside the Lot. In addition, Homeowner shall comply with all Park Rules and Regulations pertaining to the maintenance of the Lot by Homeowner. 15.2. In the event Homeowner fails to maintain Homeowner's Lot as provided in the Rules and Regulations, management may, upon giving prior written notice to Homeowner, perform the required maintenance and charge Homeowner a reasonable fee for said maintenance. The written notice shall state the specific condition to be corrected, that management will perform the maintenance if Homeowner does not perform such within fourteen (14) days of the written notice, and an estimate of the charges to be imposed by management if the services are performed by management or its agents . 16. ENTRY UPON HOMEOWNER'S LOT. Except as otherwise provided by law, Owner, management and their agents and employees shall have a right of entry upon the Lot for inspection for compliance with the Rules and Regulations, maintenance and reading of utilities, maintenance of trees and driveways and for maintenance of the Lot where Homeowner fails to maintain the Lot in South Peak LONG-lEW REHTAt.AG"£E'-'EH'J l'AGI! 17 accordance with the Rules and Regulations, and for the protection of the Park at any reasonable time and as allowed by law. The Management may enter a home without the prior written consent of the Homeowner in the case of an emergency or when Homeowner has abandoned the home. 17. WAIVER OF DEFAULT. No delay or omission in the exercise of any right or remedy of Owner on any default by Homeowner and/or any other person shall impair any such right or remedy or be construed as a waiver. No waiver by Owner of Owner's right to enforce any provision hereof after any default on the part of Homeowner shall be effective unless made in writing and signed by Owner, nor shall it be deemed a waiver of Owner's right to enforce each and all of the provisions hereof upon any further or other default on the part of Homeowner. The acceptance of Rent hereunder shall not be, or become construed to be, a waiver of any breach of any term or provision of this Agreement or any rule, regulation, term or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement or affect any notice, demand or suit hereunder. 18. TERMINATION OF TENANCY BY OWNER. 18.1. Homeowner's rights under this Agreement may be declared forfeited and/or the tenancy may be terminated and/or Homeowner's right to renew his or her tenancy may be denied in accordance with the provisions of the Mobilehome Residency Law and other applicable law, at Owner's election. The issuance of a termination of tenancy notice shall be considered an election to forfeit the tenancy within the meaning of this Agreement. 18.2. If Homeowner remains in possession after Homeowner's tenancy has been terminated, Homeowner shall pay to Owner an amount equal to the rental charges Homeowner was paying to Owner at the time Homeowner's tenancy was terminated or the maximum reasonable rental value, whichever is greater. 18.3. If all or a substantial part of the Park is damaged or destroyed due to earthquake, fire, flood or other natural disaster or catastrophe, and if the cost of repairs and rebuilding exceeds $250,000.00 or if, in Owner's sole opinion, the balance of the Park is not suitable for a mobilehome park, then Owner may terminate this Agreement upon sixty (60) days' written notice to Homeowner. Owner may exercise this option even if loss to the Park may be covered all or in part by insurance. 19. TRANSFER OF OWNER'S INTEREST. In the event Owner transfers Owner's interest in the Park, Owner shall be automatically relieved of any obligations hereunder from the date of such transfer. 20. TERMINATION BY HOMEOWNER. Homeowner may elect to terminate their tenancy upon no less than sixty (60) days written notice of termination to Owner, provided that (1) all persons occupying the Lot rented to Homeowner by this Agreement vacate the Lot and (2) Homeowner either South Peak LO"IG-TERM Rl!NTAL AGREEMENT PAGE18 (a) sells the mobilehome to a third party who has been approved by Owner for tenancy in the Park in accordance with the terms set forth in the paragraph entitled "APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENTS", (b) removes the mobilehome from the Park, or (c) abandons or vacates the mobilehome. If the Lot is voluntarily vacated as a result of a transfer of legal ownership of the mobilehome, and it is not removed from the lot, the Rent may be increased by Owner as to the next Resident. If the Lot is voluntarily vacated as a result of the abandonment or removal of the mobilehome, then Homeowner shall not be liable for Rent or other charges from after the expiration of the 60 days (or more, if applicable), provided Homeowner gives written notice they are irrevocably abandoning all personal property on the Lot. 21. APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENTS. 21.1. Upon no less than sixty (60) days' prior written notice to Owner, Homeowner may sell Homeowner's mobilehome at any time pursuant to the rights and obligations of Homeowner and Owner under the Mobilehome Residency law and other applicable law. Any rights granted to Homeowner or to Owner by the Mobilehome Residency Law (including amendments, deletions, or modifications thereto) and by other applicable law may be enforced by Owner or by Homeowner. Homeowner must, however, immediately notify Owner in writing of Homeowner's intent to sell Homeowners mobilehome. If the prospective purchaser of the mobilehome intends for the mobilehome to remain in the Park, said purchaser must do the following before occupying the mobilehome: (a) complete an application for tenancy (which may include, among other things, a balance sheet, income and expense statement. and supporting material, and a fee for obtaining a financial report or credit rating); (b) be accepted for tenancy by the Owner; and (c) execute and deliver to Owner a new lease agreement, a lease assignment agreement or other agreements as the case may be for the occupancy of the Lot. This Agreement is subject to a mandatory assignment unless the Park in its sole discretion requires a new lease agreement. 21.2. IF THE PURCHASER FAILS TO EXECUTE A LEASE AGREEMENT, A LEASE ASSIGNMENT AGREEMENT OR OTHER AGREEMENTS AS THE CASE MAY BE FOR THE OCCUPANCY OF THE LOT, SUCH PURCHASER SHALL HAVE NO RIGHTS OF TENANCY. The lease agreement, Rules and Regulations and other residency documents signed by the prospective purchaser may be different in their terms and provisions than this Agreement, the Rules and Regulations, and other residency documents now in effect. 21 .3. Notwithstanding anything contained herein to the contrary, Owner may, in order to upgrade the quality of the Park. require the removal of the mobilehome from the Lot upon its sale to a third party, in accordance with the provisions of the Mobilehome Residency Law and other applicable law. Any rights granted either ei.57 8820 0 the 11.8 0 0 11.57 Tm (remo.8 196.57 T2.3853 0 0 12810.25.8 0 0 11.8 Tjsf.34 183.97 T 196.57e ) 11.me mobilehome, to its appurtenances, or to an accessory structure as required by Owner, pursuant to California Civil Code section 798.73.5. 22. RENT CONTROL AND ESTOPPEL CERTIFICATES. 22.1. Rent Control. HOMEOWNER EXPRESSLY ACKNOWLEDGES THAT THIS AGREEMENT is exempt from City of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Title 5, Chapter 5.44 because the tenancy is for more than a year. Homeowner also acknowledges that this Agreement may also be exempt from local rental control if the Lot is not the principal residence of the Homeowner either because Homeowner is receiving a homeowner's exemption for another property or mobile home in California, or Homeowner's principal residence is out of state. -v ~ti Homeowner's Initials 22.2. Estoppel Certificates. Homeowner agrees that upon Park's request, Homeowner must within ten (10) days execute, acknowledge and deliver to Owner, at the election of Owner, either (1) a statement in writing in the form requested by an institutional lender or a third party, or (2) a statement in writing in substantially the form attached hereto, certifying, among other things, that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rent and other charges have been paid and stating whether or not Park is in default of the performance of any covenant, agreement, term, provision, or condition contained in this Agreement, or is in violation of any law, ordinance, or administrative regulation and, if so, specifying each such default or violation, it being intended that any such statement delivered pursuant hereto may be relied upon by Park or any other party who may reasonably rely on such statement. Homeowner also agrees to execute and deliver from time to ti me such estoppal certificates as any institutional lender or a third party may require or request with respect to this Agreement. 22.3. Should any required estoppel certificate not be provided in a timely fashion, it shall be conclusively presumed, and shall constitute a representation and warranty by such party, that: (i) this Agreement is in full force and effect without modification, except as may be represented by the requesting party; and (ii) Park is not in breach, default, or violation in any of the respects referenced above. 22.4. The statement in writing in substantially the form attached hereto as Exhibit "C", as referenced in paragraph 22.2 above, may also contain the following : 22 .4.1. The names of all occupants of the Lot; 22.4.2. Nature of occupancy for each individual identified as an occupant (i.e., Additional Occupant, Resident, etc., shared tenancy under California Civil Code§ 798.34(b), family member, etc.); 22.4.3. The legal owner and registered owner of the mobilehome; SouthP-k LONG-Tl!RM REHTAL AGREEMENT PAGE20 r r 22.4.4. Names and addresses of all lien holders of the mobilehome; 22.4.5. A copy of the current title document for the mobilehome and a copy of the insurance policy or policies of Homeowner respecting fire, flood, and general liability. 23. LIENS AND CLAIMS. 23.1. Prohibition Against. Homeowner shall not suffer or permit to be enforced against Owner's title to the Park, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration or maintenance of the Lot or mobilehome. 23.2. Removal of Liens by Homeowner. Should any lien, demand or claim be filed, Homeowner shall cause it to be immediately removed. In the event Homeowner, in good faith, desires to contest such liens, demand or claim, he/she may do so, but In such case Homeowner agrees to and shall indemnify and save Owner harmless from any and all liability for damages, including reasonable attorney's fees and costs, resulting therefrom and agrees to and shall, in the event of judgment of foreclosure on said lien, cause the same to be satisfied, discharged and removed prior to execution of the judgment. 23.3. Removal of Liens by Owner. Should Homeowner fail to discharge any such lien or furnish bond against the foreclosure thereof, Owner may, but shall not be obligated to, discharge the same or take such other action as It deems necessary to prevent a judgment of foreclosure on said lien from being executed against the property, and all costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs incurred by Owner in connection therewith, shall be repaid by Homeowner to Owner on written demand. 23.4. No Recording. Homeowner agrees not to record this Agreement or a memorandum of this Agreement. 24. INDEMNIFICATION. 24.1. To the fullest extent allowable by law, and subject to any such legal limitations, Owner and Park shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of any Homeowner or Resident or to any of the employees, guests, invitees, permittees or licensees of any Homeowner or Resident, or to any other person whomsoever, caused by any use of the Park or Lot (including any defect in improvements erected thereon) or the failure of any service or amenity, or arising from any other cause whatsoever. As a material part of the consideration of this Agreement, Homeowner hereby waives all claims and demands against Owner and Park, and hereby agrees to indemnify and hold Owner and Park free and harmless from liability for all claims and demands for any such loss, damage or injury, including attorneys' fees, together with all costs and expenses arising therefrom or in connection therewith . Nothing in this Paragraph 24.1 shall have the effect of an agreement by Homeowner to indemnify and hold harmless the Owner or Park for the negligent or willful acts or omissions of the Owner or Park, a breach of this Agreement by the Owner or Park, or a breach of duty owed by the Owner or Park . South Peak LONG-TERM RENTAL AGREEMENT PAGE21 r r 24.2. Homeowner shall, at Homeowner's own expense, defend all actions brought against Owner or Park for which Homeowner is responsible for indemnification hereunder. If Homeowner fails to do so, Owner or Park (at Owner's option, but without being obligated to do so) may, at the expense of Homeowner, defend such actions, and Homeowner shall pay and discharge any and all amounts that arise therefrom. 25. INSURANCE. Owner does not necessarily carry public liability or property damage insurance, to compensate Homeowner, Homeowner's guests or any other person from any loss, damage or injury expect those resulting from prior actions where Owner would be legally liable for such loss, damages or injury. Homeowner agrees to maintain from an admitted insurer (having a rating of at least A-at all times) a homeowner's insurance policy for his/her mobilehome, with general liability coverage ("GLC") and hazard insurance coverage, with insured limits of at least $100,000, listing in the policy the name of the Owner and Owner's Park manager as an "additional interestn for notification purposes. Said policy shall include extended coverage for homeowners, fire and other casualty insurance on the mobilehome, other improvements and contents to the full insurable value and such other insurance as is necessary to protect Homeowner, Homeowner's invitees or others from loss or liability. Owner may during the term of this Agreement make changes in the required insurance coverage or limits as determined by Owner in its reasonable discretion. Homeowner agrees to provide a copy of all insurance policies affecting the Lot to Owner upon ten (10) days' request. Homeowner requests that in the event Homeowner does not provide said insurance, Owner may obtain said insurance meeting the above coverages and bill Homeowner for the insurance as additional rent. Owner shall have no obligation to obtain such insurance. Owner may obtain such policy that protects Owner, but not Homeowner, to satisfy Homeowner's obligation. 26. SUBORDINATION. This Agreement, and any leasehold interest which may be created by it, shall be subordinate to any encumbrance, restriction or declaration of record before or after the date of this Agreement affecting the Park, the Common Areas, recreational facilities or other facilities of the Park, or the Lot rented to Homeowner. Such subordination is effective without any further act of Homeowner; however, Homeowner agrees, upon request by Owner. to promptly execute and deliver any documents or instruments which may be required by any lender or purchaser to effectuate any subordination, including reasonable modifications to this Agreement, provided they do not increase the obligations of Homeowner or materially adversely affect the interests of Homeowner herein. If Homeowner fails to execute and deliver any such documents or instruments, Homeowner hereby irrevocably constitutes and appoints Owner as Homeowner's special attorney-in-fact to execute and deliver any such documents or instruments. 27. ABANDONMENT. During the term of this Agreement or any period of holding over, Homeowner shall not abandon the Lot or the mobilehome located thereon. In the event Homeowner does abandon either the Lot or Homeowner's mobilehome, such action may (at Owner's South Peak LON~ TERM REKTAL AGRIEEMENT PAGE22 (' r sole option) be deemed as Homeowner's election to terminate this Agreement and Owner shall have the rights afforded to Owner under California law to dispose of Homeowner's mobilehome and personal property located on the Lot and within the Park. 28. FIXTURES AND IMPROVEMENTS. All landscaping and structures or other improvements permanently attached to or embedded in the ground at the Lot {collectively, "Fixtures and Improvements"), shall become a part of the realty upon their installation and belong to Owner. Upon Homeowner vacating the Lot, such improvements shall remain upon and be surrendered with the Lot. During the lease term, and at Homeowner's sole cost and expense, Homeowner shall maintain all Fixtures and Improvements on the Lot in good repair and condition. Homeowner shall be solely responsible, at Homeowner's sole cost, for the maintenance, repair, replacement, paving and sealing of said Fixtures and Improvements. Owner shall be responsible, at Owner's sole cost, for the maintenance, repair, replacement, paving, sealing and other costs and expenses related to driveways installed by the Park. Owner may, however, at Owner's sole option, permit Homeowner to remove, at Homeowner's own expense, Owner installed Fixtures and Improvements, provided that such approval, if any, is obtained In advance and is in writing signed by Owner. Homeowner shall repair any damage to the Lot caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the Lot in a neat and uncluttered condition with the Park's original engineered grade intact. 29. EMINENT DOMAIN. 29.1 If the entire Park, or a portion thereof so that, in Owner's sole opinion, the balance remaining is not suitable for a mobilehome park, is taken under the power of eminent domain, or is sold to any authority having the power of eminent domain, either under threat of condemnation or while condemnation proceedings are pending, then this Agreement shall automatically terminate as of the date the condemning authority takes possession. Any award for any taking of all, or any part, of the Park under the power of eminent domain shall be the property of Owner, whether such award shall be made as compensation for diminution in value of the leasehold or for taking of the fee or the taking of any interest Homeowner may have had due to this Agreement or Homeowner's tenancy in the Park. Nothing contained herein, however, shall be deemed to preclude Homeowner from obtaining any award for loss of or damage to Homeowner's removable personal property, or to give Owner any interest in such award. 29.2 In the event that the taking or condemnation of part of the Park does not result in the termination of this Agreement as provided above, then this Agreement shall terminate as to that portion of the Park so taken or condemned and the payments to be made under this Agreement as to that portion of the Park shall be abated and prorated as of the date of possession of the condemning entity. This Agreement shall continue in full force and effect as to that portion of the Park not so taken or condemned. 30. DELAY IN DELIVERY OF POSSESSION. South Peak LONG-TERM RENTAL AGREEMENT r r This Agreement shall not be rendered void or voidable by the inability of Owner to deliver possession of the Lot to Homeowner at the beginning of the lease term, nor shall any inability to deliver render Owner liable to Homeowner for loss or damage suffered thereby. If Owner cannot deliver possession of the Lot, the Rent for the period between the beginning of the term and the time when Owner can actually deliver possession will be abated. 31. JOINT AND SEVERAL LIABILITY. If Homeowner is more than one person, each person shall be jointly and severally liable for the performance of Homeowner's obligations under this Agreement. 32. ENTIRE AGREEMENT. This Agreement and the documents referred to herein constitute the entire Agreement between Homeowner and Owner pertaining to the subject matter contained herein and supersede all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral. 33. FORCE MAJEURE. If the performance by Owner of any of Owner's obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, terrorist acts, pandemic, riot, storm, earthquake, or other natural forces, or by the acts of anyone not party to this Agreement, then Owner shall be excused from any further performance for whatever period of time after the occurrence Is reasonably necessary to remedy the effects of that occurrence. 34. NOTICES. All notices required or permitted under this Agreement must be in writing and may be served upon Owner or Homeowner by any lawful means. Owner, when permitted by law, may serve Homeowner at his or her address in the Park by First Class United States mail, postage prepaid , addressed to the Homeowner at his or her Lot within the Park. Homeowner may serve Owner in the manner prescribed by Section 1162 of the Code of Civil Procedure. Service of legal notices on one Homeowner shall be deemed service on all Homeowners signing this Agreement. 35. TIME OF ESSENCE. Time is of the essence with respect to the performance of every provision of this Agreement. 36. INVALIDITY OF PROVISIONS. 36.1. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, South Peak LO-TERM RENTAL AOIU:1:MeNJ PAGE24 r r terms or provisions of this Agreement shall not be affected thereby, and any such illegal and invalid part, term or provision shall be deemed not to be a part of this Agreement. 36.2. If any of the provisions of this Agreement or the other documents used by the Park fail in any way to be legally enforceable as written, then It Is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the Owner's and Homeowners respective rights, obligations, and prerogatives. Homeowner agrees to promptly notify Owner in writing of any such instance. 36.3. If any term or provision of this Agreement or other document used by the Park shall, on its face or as applied be illegal or unenforceable or claimed by Homeowner to be unenforceable, or illegal, Owner has the right, but not the obligation, to excise or modify any provision herein to the extent, and during the period which, such provision is deemed by any court of competent jurisdiction or claimed by Homeowner to be illegal or unenforceable to reasonably address such claimed or actual illegality or unenforceability. 37. CHOICE OF LAW. This Agreement and all documents referred to in this Agreement shall be construed and enforced in accordance with the laws of the State of California, except for the Arbitration Agreement, if any, signed by Owner and Homeowner, which shall be construed and enforced in accordance with the Federal Arbitration Act. 38. MEGAN,S LAW DISCLOSURE. NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. 39. ALTERNATIVE DISPUTE RESOLUTION. 39.1. Mediation: Owner and Homeowner agree to mediate any and all disputes between them relating to, arising out of, concerning, or connected with, without limitation, this Agreement. the Park's residency documents, the interpretation and enforcement of the Park's residency documents, the Homeowner's leasehold interest or interests at the Park, the Homeowner's Lot or space or spaces at the Park, the Park's Common Areas, services and facilities or the Park's operation and maintenance pursuant to this Agreement. The following matters shall be exempt from mediation: (1) unlawful detainer actions, (2) forcible detainer actions, and (3) rule violation injunctions pursuant to Civil Code section 798.88. 39.1 .1. Mediation fees will be borne equally by the parties . If, for any dispute or claim to which this paragraph applies, any party commences an action (or files a complaint with any governmental entity, including the Department of Housing and Community Development) without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, South Peak LONG-TERM RENTAL AGllcUleNT PAGE25 r r then that party shall not be entitled to recover attorneys' fees, even if they would otherwise be available to that party under this Agreement, In any such event. 39.1.2. To initiate the mediation process, a party must serve a notice of demand for mediation which must provide: (i) a description of the dispute, (ii) facts from which the dispute arises, including witnesses, dates, times, and circumstances, and (iii) a description of the relief or action requested. 39.1.3. Within ten (10) days of serving the notice of demand, the party requesting mediation shall attempt to employ the services of a third person mutually acceptable to the parties to conduct and conclude such mediation within forty-five (45) days of his or her appointment. If the parties are unable to agree on such third person, they will apply to either Judicial Arbitration and Mediation Services ("JAMS") or Judicate West for a list of five mediators from which each side can eliminate two (2) names. If, on completion of the mediation, the parties are unable to agree and resolve the dispute, then the dispute shall be referred to arbitration or trial by reference as provided below. 39.1.4. Within fifteen (15) days of the selection of the mediator, each party will submit a brief setting forth the party's position on the issues that need to be resolved. The mediation will begin within five (5) days following submittal of the memorandums and will be concluded within forty-five (45) days from the beginning of the mediation unless the parties agree to extend the mediation period. The mediation will be held in the county in which the Park is located or another place acceptable to all parties. 39.1.5. Before the mediation proceedings begin, the mediator and all parties to the mediation will execute an agreement to maintain confidentiality of the proceedings, in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution, including court proceedings, arbitration, or reference hearings. Further, the mediation agreement will provide that the expenses of witnesses and consultants for either side will be paid by the party producing the witnesses, and all other expenses of the mediation, including required travel and other expenses of the mediator and the cost of any witnesses or expert advice produced at the mediator's direct request, will be paid equally by the parties unless they agree otherwise. 39.1.6. Owner (through its authorized agent or agents) and Homeowner will attend the mediation sessions in person. Persons other than the parties or the parties' representatives and the mediator may attend the mediation sessions only with the permission of the parties. Confidential information disdosed to a mediator by the parties or by witnesses during the course of the mediation will not be divulged by the mediator. All records, reports, or other documents received by the mediator will be kept confidential. There will be no stenographic or tape recording of the mediation process. 39.2. Arbitration: IF, ON COMPLETION OF SUCH MEDIATION, THE PARTIES ARE UNABLE TO AGREE AND SETTLE THE DISPUTE, THEN HOMEOWNER REQUESTS THAT THE DISPUTE BE RESOLVED BY ARBITRATION AS South Peak LONG-'11:RM RENTAL AGREEMENT PAGE26 r r REFLECTED IN THE SEPARATE ARBITRATION AGREEMENT ATTACHED AS EXHIBIT K OR, IF NONE, BY TRIAL BY REFERENCE AS SET FORTH BELOW. v/4-~~-r Homeowners Initials 39.3. Trial by Reference: Any and all disputes between Owner and Homeowner relating to, arising out of, concerning, or connected with, without limitation, this Agreement, the Park's residency documents, the interpretation and enforcement of the Park's residency documents, the Homeowner's leasehold interest or interests at the Park, the Homeowner's Lot or space or spaces at the Park, the Park's Common Areas, services and facilities or the Park's operation and maintenance pursuant to this Agreement, except those subjected to arbitration pursuant to the signed Arbitration Agreement attached to this Agreement, which fail to be resolved in mediation as proscribed above, shall then be decided by trial by reference pursuant to California Code of Civil Procedure section 638, et seq. Both Owner and Homeowner agree that the court in which any action subject to this provision is filed shall immediately order a trial by reference pursuant to California Code of Civil Procedure section 638(1 ), and that either party may move the court to order the matter to reference pursuant to section 638 once the action is filed. 39.3.1. Owner and Homeowner agree that the referee for the trial by reference shall be a retired judge from Judicial Arbitration and Mediation Services ("JAMS") or Judicate West and that the parties shall select the referee in the manner set forth above regarding selection of a mediator, and further agree that the general reference shall be ordered to the selected referee pursuant to California Code of Civil Procedure section 640. 39.3.2. The plaintiff in any action which is heard by reference pursuant to this section shall pay all fees of the referee, if any, as fixed pursuant to Cal;fomia Code of Civil Procedure section 1023, as well as all related costs, which are necessary to try this matter by reference. Should the plaintiff fail to make any payments in a timely manner, the part ies agree that the entire action shall be dism issed with prejudice for failure to prosecute, either by the referee or upon ex parte application to the court in which the action is filed. Following the trial by reference, the referee shall award to the prevailing party the referee's fees and related costs paid by the prevailing party, if any, which award shall become the order of the court pursuant to California Code of Civil Procedure section 645.1. 39.3.3. Pursuant to California Code of Civil Procedure section 643, the referee must submit a written statement of decision to the court within twenty (20) days after the testimony is closed, after which the court may enter judgment pursuant to California Code of Civil Procedure section 644. 39 .3.4 . Notwithstand ing anything to the contrary contained herein, the parties agree that at any time prior to the last day for the referee to submit a written statement of decision, or fifteen (15) days after service of the written statement of decision on each party, whichever date is later, either party may comply with the statement of decision entirely or in part. In the event that a party South Peak LONG-TERM RENTAL AGREEMENT PAGE'l:7 r r timely complies with the statement of decision entirely or in part, judgment shall not be entered on the statement of decision, or, alternatively, that portion of the statement of decision with which the party complies. Upon compliance with the statement of decision, or any portions thereof, the parties shall request that the court not enter judgment thereon and, to the extent possible, to dismiss the action, or, if judgment has been entered, that the court vacate the judgment or the applicable portion of the judgment. In the event of a non-monetary claim, the party shall be deemed to have complied with the statement of decision, or any applicable portion, if that party timely stipulates to its intent to comply. In the event of a monetary claim, the party shall be deemed to have complied with the statement of decision, or any applicable portion, if the party timely tenders payment to the other party. 39.3.5. Each party specifically retains their right to appeal any decision of the referee, and subsequent judgment of the court, as permitted by law, including but not limited to California Code of Civil Procedure section 645. 39.3.6. In addition to the matters to be arbitrated pursuant to the attached Arbitration Agreement, the following matters shall be exempt from reference: (1) Unlawful Detainer actions; (2) Forcible Detainer actions; and (3) Rule Violation Injunctions per Civil Code section 798.88. 40. DUTY TO REPORT DEFECTS. 40.1. Homeowner shall report any observable defect in the Park's Common Facilities, Common Areas, utility services of the Park, landscaping, or other services and facilities which are to be maintained by Owner. Homeowner shall give such notice in writing to the Park's resident manager by registered U.S. Mail (return receipt requested) within sixty (60) days of Homeowner's discovery of any such defect, so that such conditions may be corrected within a reasonable period of time by the Park. 40.2. Homeowner further agrees that if Homeowner fails to report any such defects in writing by certified mail within sixty (60) days of its discovery, Homeowner is in substantial violation of this Agreement. Should Homeowner fail to report any such defect within six (6) months of its discovery, Homeowner does by signing this Agreement waive and shall be deemed to have waived any damages Homeowner had or has by reason of such unreported defect completely and w~qu~n. Homeowner's Initials 41. RELEASE OF CLAIMS. 41.1. As a material part of the consideration for this Agreement, Homeowner hereby waives, releases and discharges Owner and Park and each and all of Owner's and Park's present and former partners, officers, directors, agents, representatives, employees and attorneys and each and all of Park's and Owner's respective heirs, successors, executors, administrators and assignees of each from and against any and all claims, agreements, contracts, covenants, representations, obligations, losses, liabilities, demands and causes of action which Homeowner may now or hereafter have South Peak LONG-TE1!M REHTALAGREEMENT PAGE28 r or claim to have against Owner or Park, by reason of any matter or thing, whether of a personal or business nature, whatsoever, to and including the date hereof. Homeowner hereby waives any and all rights which Homeowner may have under the provisions of Section 1542 of the Civil Code of the State of California, which section reads as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 41.2. It is understood by Homeowner that, if the facts or law with respect to which the foregoing release as given turn out hereafter to be other than or different from the facts or law in that connection now known to be or believed by Homeowner to be true, then Homeowner expressly assumes the risk of the facts or law turning out to be so different, and agrees that the foregoing release shall be in all respects effective and not subject to termination or rescission for any such difference in facts or law. This provision "RELEASE OF CLAIMS" shall not, and does not, apply to any finding by a court or arbitrator of Owner's or Park's willful violation of the California Mobilehome Residency Law. ~ ~( Homeowner's Initials 42. SUBLEASING AND ASSIGNMENT. Subleasing of the Lot is not permitted except as otherwise set forth in the Park's Rules and Regulations and for the reasons authorized by California ~i~i) ~ode section 798.23 and 298.23.5 unless otherwise prohibited by exlsllng ~ \JV Homeowners Initials 43. INSPECTION OF LOT AND PARK. 43.1. By signing this Agreement. Homeowner acknowledges that Homeowner has carefully inspected the Lot to be leased and all the Park's facilities, has found them to be In good and sanitary order, condition and repair as represented by Park to Homeowner, either orally or in writing, and to the extent that they are not exactly as represented, either orally or in writing, agrees to accept them as they are. 43.2. Homeowner further acknowledges that Park is not a "security" Park, and that Owner is not responsible for any damage or injury in, on or to Ho eowner's Lot, mobilehome, personal property or person. Homeowner understands at Homeowner should maintain Homeowner's own security precautions . Homeowner's Initials SoutllPNk LON(p R1W RENTAL AGREBlEHT PAGE 29 r 44. HOMEOWNER'S RESPONSIBILITY FOR WATER/EARTH MOVEMENT DAMAGE. 44.1. Except to the extent, if any, prohibited by law, Homeowner assumes any and all liability for any loss, injury, or damage to Homeowner, Resident, Homeowners guests, invitees, permittees, or licensees, to Homeowners Lot, to Homeowner's mobilehome, to improvements at or upon Homeowner's Lot (induding, but not limited to, any accessory equipment or storage building), or to Homeowner·s personal property from flow of ground water, surface water and/or flood water, from subsidence, from erosion, from earth movement, or from resultant mud and debris. 44.2. Homeowner hereby agrees to indemnify and hold Park and Owner harmless from any such loss, injury, damage or expense, including, without limitation, reasonable attorneys' fees and expenses of litigation which the Park or Owner may suffer. Homeowner is encouraged to obtain the necessary insurance and to undertake all precautions necessary to stabilize Homeowner's mobilehome and accessory equipment, including, but not limited to, the bracing of Homeowner's mobilehome and obtaining a civil engineer's report respecting Homeowner's use of the Lot. ciJ ✓v Homeowner's Initials 45. HOMEOWNER'$ RESPONSIBILITY FOR LOT GRADE. 45.1. The grade of space is calculated by dividing the distance from the highest elevation on space to the lowest elevation on space by the distance between those two points. A space grading that is perfectly level would have a grade of 0%. A space with an elevation change of 2 feet over a 100-foot distance would have a grade of 2%. 45.2. Homeowner acknowledges and agrees that the Lot's grade and earth adjacent to Lot can and may be greater than 2% and that the Lot and area adjacent to Lot could and may, over time, develop a greater grade than 2%. 45.3 . Homeowner acknowledges and agrees that while there might be a minimum grade required to maintain Lot drainage, there is no maximum grade that Park is required under applicable law to maintain on or adjacent to Lot. 45.4. Homeowner acknowledges and agrees that grade erosion due to, including, without limitation, rain, flooding, irrigation , pipe breaks, animals, wind, temperature change, earthquake, subsidence, earth movements, naturally occurring conditions or acts of God, or adjacent to Lot constitutes a "natural occurrence" over which the Park has not control and for which the Park Is not responsible to maintain, to the fullest extent allowed by law. 45.5. In the event that the grade of the Lot or grade of the area adjacent to Lot increases over time, and to the fullest extent allowed by law, the Homeowner agrees to timely remove any improvements adversely affected by such grade change or make any and all appropriate and required structural changes to such improvements, at Homeowner's sole expense, in order to allow such improvements to remain on the Lot, including, without limitation, re•grading, structural piers and retaining walls. South Peak LONG-TEiu. RENTAL AGREEMENT 45.6. In the event that the Homeowner or any governmental agency including, without limitation, the California Department of Housing and Community Development {"HCD"), or local county or city determines that grading or other work must be performed on Lot, then Homeowner, to the fullest extent allowed by law, agrees to timely remove all improvements from the Lot and the Park, at Homeowner's sole expense, for the Park to accomplish such required grading construction. Homeowner will not be required to pay Rent during such grading construction. After completion of such grading and other construction, should Homeowner determine to return the improvements, including the home, to the Lot, then may do so at Homeowner's sole expense, but only after complying with all then existing Park Rules and Regulations and architectural standards and governmental requirements, including California Title 25 and the Mobilehome Residency Law, as may be required by HCD, county and/or city . 45.7. To the fullest extent allowed by law, the Parties agree that Park is not and will not be responsible for damage to Homeowner's Home and property caused by grade changes on Lot or grade changes on the area adjacent to Lo~ ~ '( Homeowner's Initials 46. THIRD-PARTY RIGHTS. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Homeowner and Owner, any rights or remedies under or by reason of this Agreement. Furthermore, Homeowner agrees that Homeowner is not a third-party beneficiary of any other agreement between Owner and any other Resident of the Park. 47. HEADINGS. The headings of the paragraphs contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of this Agreement. 48. EXECUTION IN COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and a fully executed copy of this Agreement may be used with the same force and effect as an original. The parties agree that signatures may be transmitted or received via facsimile or e~mail. 49. ATTORNEY'S FEES. In any action or proceeding to enforce this Agreement or any provision of th is Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and all other costs incurred. 50. CONSTRUCTION. For purposes of construction, this Agreement shall be deemed to have been South Peak LOIG-TERM RENTAL AGREEMENT PAGE31 r jointly drafted by the respective parties and the rule of construction of contracts that ambiguities are construed against the drafting party shall not be applied against any party. The Parties hereby waive the provisions of California Civil Code Section 1654. 51. ACKNOWLEDGMENTS. 51.1. Homeowner represents and acknowledges that this Agreement is being entered into between Owner and Homeowner for the personal and actual residence of Homeowner. Homeowners Initials 51.2. Homeowner understands, agrees, and acknowledges that Homeowner is acquiring a leasehold for a limited period of time and is purchasing (or has purchased) only the mobilehome which occupies the Lot. Ownership of the mobilehome Lot remains with Owner. The price, appraisal, or stated value of the mobilehome, may reflect not only the mobilehome's value, but its ''site" value; that being the willingness of a lender to finance or a purchaser to pay a larger amount for the mobilehome by virtue of its location in this Park. In other words, the mobilehome may be worth substantially less off the Homeowners Lot than on the Homeowners Lot. Homeowner understands that Homeowner is not entitled to receive any value for Owner's property, or to receive any value by virtue of having a mobilehome located at the Park or on the Lot. -f.Jv}v~ Homeowner's Initials 51.3. Notwithstanding anything set forth herein to the contrary, in the event that Owner elects to subdivide the Park to provide for the conversion to a subdivision, cooperative or condominium, Homeowner agrees that Homeowner shall execute a petition indicating Homeowner's support for conversion of the Park to resident ownership in accordance with Government Code §§ 6641 0 and 66428 .1, et seq., as such statutes may be amended from time to time. Homeowner's Initials 51.4. If this Agreement is being provided pursuant to California Civil Code section 798 .75(a), then upon execution by parties to this Agreement, any tenancy created thereby, shall be null and void, and of no force and effect, unless and until: (1) seventy-two (72) hours have elapsed after Homeowner and Owner have executed this Agreement and no rescission right was exercised; (2) escrow is closed within fourteen (14) days of execution of this Agreement by both Parties; (3) at least one (1) person executing this Agreement as "Homeowner" is the registered owner of the mobilehome on the Lot; (4) Homeowner assumes physical occupancy of the mobilehome on the Lot within thirty (30) days of the execution of this Agreement; and (5) H_omrner provides Owner with proof of tifle transfer. ~ V Homeowners Initials South Peak LONG-TERM IU!NTAL AGREEMENT PAGE32 r r 51.5. If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges that Homeowner provided Owner an application for residency. Homeowner represents and understands that such application is true and correct and that any material misrepresentation or omission by Homeowner on the application may at the sole election of Owner, result in the termination of this Agreement and the tenancy created hereunder. jJI ✓v Homeowner's Initials 51.6. ACKNOWLEDGMENT OF HOMEOWNER'S INVESTIGATION. Homeowner warrants that he/she has read this Agreement and does not rely upon anything said or done by Owner or management in deciding to enter into and execute this Agreement beyond what is represented in this Agreement. Homeowner represents that he/she is a sophisticated renter with respect to this Agreement and possesses equal bargaining power with Owner. Homeowner represents that he/she has made all investigations necessary before executing this Agreement. This Agreement is the product of arm's length negotiations between sophisticated~ ( Homeowners Initials 51.7. If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges receipt from Park Management of a Mobilehome Park Rental Agreement Disclosure Form (pursuant to California Civil Code§ 798.75.5}, and Homeowner further acknowledges that Homeowner received the Mobilehome Park Rental Agreement Disclosure Form at least three (3) days prior to execution of this Agreement. Homeowner's Initials 51 .8. ACKNOWLEDGEMENT OF PARK'S RIGHT TO OFFER DIFFERENT LEASES TO DIFFERENT RESIDENTS. Homeowner acknowledges that the Park has and will continue to offer different leases on different terms with different starting rental rates. Homeowner acknowledges that such practice is lawful, fair and reasonable under the applicable statutory and case law, including the Mobilehome Residency Law. cjy ~v Homeowner's Initials 51.9. Homeowner acknowledges that Homeowner has had the o portunity to read this Agreement and consult independent counsel regar ·ng this Agre ment. Homeowner's Initials 51.10. Any claim , demand, right or defense of any kind by Homeowner which is South Peak LON~ TElll1 RENTAL AGREEMENT PAGE33 r r based upon or arises in connection with this Agreement or the negotiations prior to its execution, shall be barred unless Homeowner commences a lawsuit or other form of alternative dispute resolution thereon, or interposes in a legal proceeding a defense by reason thereof, within one (1) year as may be extended by Civil Code § 798.84, after the date of the inaction or omission or the date of the occurrence of the event or of the action to which the claim, demand, right or defense relates, whichever applies. k trcV' Homeowner's Initials 51.11. Homeowner agrees and acknowledges that Owner has the right to adjust the lot lines of Homeowner's Lot. Upon a request of Owner to adjust a lot line, Homeowner agrees and consents to such adjustment and agrees to execute any documents required by the California Department of Housing and Community Development or other governmental agency with jurisdiction to adjust such lot line. To the extent that such adjustment decreases the size of the Lot, Owner shall proportionately decrease Base Rent for the Lot. Should a lot line adjustment require that Homeowner relocate Homeowner's mobilehome and accessory equipment, Homeowner further agrees and acknowledges that Owner shall pay the expense to relocate Homeowner's mobilehome and accessory equipment to another suitable Lot in the Park to the extent necessary to bring the mobilehome and accessory equipment in the new Lot into compliance with applicable setback ru~ \j V Homeowner's Initials IN WITNESS WHEREOF, Owner and Homeowner have executed this Agreement as of the day and year written below, further acknowledging and agreeing that all blank spaces have been completely filled in prior to such execution. South Peak MHP Authorized Agent HOMEOWNER Dated: I· f O '"'2--_7 __ .;.__.;.__ _____ _ South Peak LONG-TERM lll!NTAL AGREl!MENT PAGE34 HOMEOWNER Dated: ~ • \ 3-Z :3 --------:¾.Q~-. Va.w~~ /r--- Clearly print name: VO..""-S~{:,, V~)._,,.. South Peale LONG-TERM Rl!NTAL AGKl:l!MENT PAGE35 r ACKNOWLEDGMENT AND Agreement BY RESIDENT AND/OR ADDITIONAL OCCUPANT: The persons signing below hereby acknowledge and agree to the following: 1. That they are not a "Homeowner" as defined by the Mobilehome Residency Law and this Agreement. 2. That they are bound by the Park's Rules and Regulations and all other obligations pursuant to this Agreement (except for the obligation for payment of rent). 3. That they have no rights of tenancy pursuant to the Mobilehome Residency Law. RESIDENT/ ADDITIONAL OCCUPANT Dated: ~ Clearly print name: {.;lJk \}~ RESIDENT/ ADDITIONAL OCCUPANT Dated: Clearlyprintname: V~~ V~-v--' South Peak LONG-TERM RENTAL AGREEMENT PAGE36 EXHIBIT B I I THIS VALIDATED REGISTRATION CARD OR A FACSIMILE COPY IS TO BE KEPT WITH THE VEHICLE FOR WHICH IT IS ISSUED. THIS REQUIREMENT DOES NOT APPLY WHEN THE VEHICLE IS LEFT UNATTENDED. I T NEED NOT BE DISPLAYED. PRESENT IT TO ANY PEAC OFFICER UPON DEMAND. IF YOU DO NOT RECEIVE A RENEWAL NOTICE, USE THIS FORM TO PAY YOUR RENEWAL FEES OR NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THE PLANNED NON -OPERATIONAL STATUS (PNO) OF A STORED VEHICLE. RENEWAL FEES MUST BE PAID ON OR BEFORE THE REGISTRATION EXPIRATION DATE OR PENALTIES WILL BE DUE PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 9552 -9554. NOTE: TRAILER COACHES MUST BE REGISTERED AND ARE NOT ELIGIBLE FOR FILING A STATUS OF PLANNED NO~NC0PERAT_f 0N~. ""'. /2 ;(,,/ \'.11Rex,. -~·· /h.V. \ • ,,s, EVIDENCE OF LIABILITY INSURAAJCE FROM XQ._UR tN~Ur:CE COMPANY MUST BE PROVIDED TO THE DEPARTMENT WITH THE fA~_J'<.,.{2f~REN~A.._!i,~ EES. EVIDENCE OF LIABILITY INSURANCE IS NOT REQUIRED W~T~~EGIS!R;ATipN M~ EWAL OF OFF-HIGHWAY VEHICLES, TRAILERS, VESSELS, OR IF YOU;FILE~As PNO 0~ ~JtvEHICLE. ' -~9 !,-,' WHEN WRITING TO DMV, ALWAYS ~\~E,Y9.PR ~q¼~ ~~E, PRESENT ADDRESS, AND THE VEHICLE MAKE, LICENSE, AND IDENTIF~CAT ION~BERS. ~ ************** DO NOT DETACH -REGISTERED OWNER INFORMATION ************** TA1l R I 'J ~ r fl'ARTl'(MMF AINOR VEl«'llS A Public $ervfr~P, f1n,:,n,..., REGISTRATION CARD VALID FROM: 04/14/2018 TO: 04/30/2019 MAKE YR MODE L YR 1 S T SOLO CHA 2018 2018 BODY T YPE MODEL MP MO CCH ZS 'l"YPE VE'.HICLE USE DATE ISSUED TRAILER 05/03/18 REGISTERED OWN ER 145 SOUTHSLO LLC 14 5 SOUTH ST ;ttAW SN LUIS OBISP CA 93401 U~OLDER VLF CLASS TYPE VEH NN 41T CC/A LCO D'l' FEE RECVD PIC 40 05 /03 /18 5 AMOUNT DUE: AMOUNT RECVD $ 564.00 CASH JJ .,-.. ·-., OHCK CRDT TY PE L I C LZC'£NSE NUMB E R 40 VEHICLE I D NUMBER STI CKER ISSUED K5446517 AMOUNT PA I D $ 564.00 AOl 691 C4 0056400 0042 CB A01 050318 40 1MP2076 28~ EXHIBIT C \ " Home Purchase Agreement I. PARTIES-[please print] California MHP Investors 3, LLC (Seller) agrees to sell and convey to ....:::L=i=n=d=a=V:::::::::a:::le=n=t=in=e================ (Purchaser). And Purchaser agrees To buy from Seller the Property described below. II. PROPERTY [insert description of the home and address where home is currently located]: Year: 20 18 Width: 11 '5" Length: 36'9" ------- Make: champion Model: ------- Serial Number: C t Add 145 South st #A28 San Luis Obispo CA 93401 urren ress: ____________ _ Legal Description of Land if being included in Loan: _N_A _________ _ Ill. PURCHASE PRICE The Parties agree that the total purchase price is$ 95000 (plus all applicable sales "f ) S I TB D O h Buyer to pay title/OMV fees Th I h . tax, 1 any . a es Tax_______ t er _______ . e tota pure ase price includes a deposit in the amount of$ 2000 [enter N/A if no deposit will be or has been paid by the Purchaser]. IV. MISCELLANEOUS Seller Seller (a) Financial Contingency-loan to be obtained. This agreement is conditional upon Ability to obtain a loan to purchase the Property. (b) Seller warrants that he/she/it is conveying title to the home and land, if applicable, Free and Clear of all liens and encumbrances. Date Buyer Date Date Buyer Date EXHIBIT D From:Evan Harris To:Melissa Lawley; Judy Tsai; Jessica Lu Subject:Re: [EXTERNAL] South Peak v. Valentine Date:Friday, June 6, 2025 11:31:47 AM Attachments:image011.png image012.png image013.png image014.png image015.png image016.png image017.png image018.png image019.png image020.png image021.png C2_signature_emailicon_cbc16b56-c262-4479-9590-e45ab4d75d7b.png C2_signature_phoneicon_3b12312a-dcc3-402a-a853-7995b39ad260.png Hello Melissa, Ms. Valentine has officially vacated the unit. The unit is now unoccupied, and all of her belongings have been removed. Please mail the check at your earliest convenience. Additionally, I want to inform you that Ms. Valentine plans to hire a contractor to repaint the interior. As she retains ownership and access to the property, this project should proceed smoothly. Best, Evan Harris (he/him) | Staff AttorneyCalifornia Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that anydissemination, distribution, or copying of this communication is strictly forbidden. If you have received thiscommunication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Friday, June 6, 2025 8:47 AM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Thank you Thank you, Melissa Lawley Senior Regional Manager logo 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 EXHIBIT E May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney EXHIBIT F From:Jason Dilday To:Sadie Symens Cc:Matt Davies Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Date:Thursday, June 19, 2025 3:25:00 PM Attachments:Space A28.pdf Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote:  Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> 71 From:Zion, Sarah Sent:Friday, September 19, 2025 2:41 PM To:Symens, Sadie Cc:Belghoul, Amel Subject:FW: Notice of Review- Davies Attachments:Citation Appeal_FINAL.pdf From: Nancy Gomez <nancy@harmonycom.com> Sent: Friday, September 19, 2025 2:30 PM To: Zion, Sarah <SZion@slocity.org> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Matt Davies <matt@harmonycom.com> Subject: RE: Notice of Review- Davies Good afternoon Ms. Zion, Attached please find the appellant’s written Administrative Appeal. Your September 4, 2025 letter indicated that written evidence must be submitted at least 10 days prior to the hearing, which falls on September 19, 2025. We assume this deadline applies equally to the City (e.g., City Attorney’s oƯice), but if that is not the case, please let us know. In addition, we formally request copies of any evidence or written materials submitted by the City to the hearing oƯicer beyond the administrative record that accompanied your September 4, 2025 letter. Thank you, Nancy Gomez Paralegal 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209)926-7457 Main: (209)932-8747 nancy@harmonycom.com 72 From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 4, 2025 1:17 PM To: Matt Davies <matt@harmonycom.com> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: Notice of Review- Davies Matthew Davies, Please see the attached. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 75 From:Nancy Gomez <nancy@harmonycom.com> Sent:Friday, September 19, 2025 2:18 PM To:Zion, Sarah Cc:Belghoul, Amel; Jason Dilday; Matt Davies Subject:RE: Notice of Review- Davies Attachments:Citation Appeal_FINAL.pdf Good afternoon Ms. Zion, Attached please find the appellant’s written Administrative Appeal. Your September 4, 2025 letter indicated that written evidence must be submitted at least 10 days prior to the hearing, which falls on September 19, 2025. We assume this deadline applies equally to the City (e.g., City Attorney’s oƯice), but if that is not the case, please let us know. In addition, we formally request copies of any evidence or written materials submitted by the City to the hearing oƯicer beyond the administrative record that accompanied your September 4, 2025 letter. Thank you, Nancy Gomez Paralegal 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209)926-7457 Main: (209)932-8747 nancy@harmonycom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 4, 2025 1:17 PM To: Matt Davies <matt@harmonycom.com> Cc: Belghoul, Amel <ABelghou@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: Notice of Review- Davies Matthew Davies, Please see the attached. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 76 E szion@slocity.org T 805.783.7856 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 APPELLANT’S ADMINISTRATIVE APPEAL Jason Dilday SBN: 215968 6653 Embarcadero Drive, Ste C. Stockton, CA 95219 (209) 653-7575 jason@harmonycom.com Attorney for Appellant CITY OF SAN LUIS OBISPO ADMINISTRATIVE HEARING In the matter of: Village Properties LLC, a California limited liability company/Harmony Communities Administrative Citation Appeal Administrative Citation: ADM 00040264 APPELLANT’S ADMINISTRATIVE APPEAL INTRODUCTION Village Properties LLC, a California LLC / Harmony Communities (the "Park" or "Appellant"), hereby submits this written appeal of Administrative Citation #ADM 00040264 issued by the City of San Luis Obispo (the "City") on or about July 2025. This appeal is submitted pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code ("SLOMC") and the Notice of Hearing Officer Review dated September 4, 2025. As elected in our initial appeal filing on July 31, 2025, we request a review on the record without a live hearing. The citation alleges a violation of SLOMC Chapter 5.44 (Mobile Home Park Rent Stabilization Ordinance, or "Ordinance") based on the Park's proposed rent adjustment for Space A28 upon the anticipated change of ownership of the recreational vehicle ("RV") located there. Specifically, the City claims the proposed adjustment to fair market rent (approximately 108% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 APPELLANT’S ADMINISTRATIVE APPEAL above the prior rent) violates SLOMC § 5.44.060(C), which limits increases to 10% upon a change of ownership of a "mobile home" that does not result in vacation of the space. For the reasons set forth below, the citation is without merit and should be reversed and dismissed in full. The proposed rent adjustment complies with the Ordinance and applicable law. The unit on Space A28 is an RV, not a "mobile home" subject to the Ordinance. Further, Ms. Linda Valentine (the current owner) has vacated the space, triggering the fair market rent provision of SLOMC § 5.44.060(C). Finally, the tenancy is governed by a long-term lease that expressly exempts it from the Ordinance under SLOMC § 5.44.030(E). Supporting evidence, including the lease agreement, correspondence, and DMV registration, is attached as Exhibits A– F. FACTUAL BACKGROUND South Peak Mobile Home Park is a mobile home park within the meaning of SLOMC § 5.44.020(B). Space A28 is subject to a Long Term Rental Agreement (the "Lease") dated July 13, 2023, between the Park and Ms. Valentine (and her co-owner, Vanessa Valentine). (Exhibit A: Lease.) The Lease is for a 20-year term and expressly states on its first page that it "WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44." The RV on Space A28 is a 1995 Fleetwood Terry Resort trailer, registered as a vehicle with the California Department of Motor Vehicles ("DMV") (not the Department of Housing and Community Development ("HCD")), and designed for mobility. (Exhibit B: 2018–2019 DMV Registration Card; Exhibit C: Purchase Agreement.) Ms. Valentine has vacated Space A28 and is selling the RV. Her attorney confirmed this in writing on June 25, 2025: the RV is to "remain vacant until sold," and Ms. Valentine is no longer entitled to occupy it. (Exhibit D: June 25, 2025 Email from Counsel.) Upon sale, the new owner will assume the long-term lease adjusted to fair market rent, as permitted by section 5.2 of the Lease. The City's May 30, 2025 letter (Exhibit E) asserted a potential violation, claiming the RV qualifies as a "mobile home" under the Ordinance and California Civil Code § 798.3(b) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 APPELLANT’S ADMINISTRATIVE APPEAL (Mobilehome Residency Law, or "MRL"), and that the 10% limit applies. The Park responded on July 19, 2025, explaining why the Ordinance does not apply. (Exhibit F: Park's Email Response to Sadie Symens.) Despite this, the City issued the citation. LEGAL ARGUMENTS The Ordinance does not apply to the facts here for at least three independent reasons. The Hearing Officer should reverse the citation on any one of these grounds. A. The Unit on Space A28 Is an RV, Not a "Mobile Home," and Thus Not Subject to the Ordinance The Ordinance regulates "mobile home parks" and "mobile homes" but does not define "mobile home." SLOMC § 5.44.020. Courts interpret undefined terms based on their ordinary meaning and the Ordinance's purpose. (See SLOMC § 5.44.010 (Purpose and Intent).). Courts interpret undefined terms based on their ordinary meaning and legislative purpose (see Yee v. Mobilehome Bd. (1992) 503 U.S. 519, 528). The Purpose and Intent (§ 5.44.010(C)) emphasize protections for structures with "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, [and] the lack of alternative homesites for mobile home residents." RVs like the one on Space A28 do not share these characteristics: they are designed for easy relocation, registered with the DMV as vehicles (not HCD as structures), and lack permanent installation requirements. Moving an RV incurs minimal cost or damage risk compared to a true mobile home, which is installed on the site. The City's reliance on MRL § 798.3(b) is misplaced. The Ordinance, last amended in 1992, predates § 798.3(b) and does not incorporate it. Local ordinances are not automatically amended by subsequent state law absent explicit adoption. At enactment, the MRL definition explicitly excluded RVs: “Mobilehome… does not include a recreational vehicle” (Cal. Civ. Code § 798.3 (1988 version)). Even under current § 798.3(b), RVs receive only limited protections after nine months’ occupancy, and § 798.73 expressly allows parks to require RV removal upon sale. The Ordinance’s silence on RVs cannot override this distinction. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 APPELLANT’S ADMINISTRATIVE APPEAL The 10% limit in SLOMC § 5.44.060(C) applies only to "change of ownership affecting a mobile home." Without a mobile home, the limit does not apply, and the Park may set fair market rent upon turnover. B. Ms. Valentine Has Vacated the Space, Triggering Fair Market Rent Under SLOMC § 5.44.060(C) Even assuming arguendo the RV qualifies as a mobile home, the 10% limit does not apply. SLOMC § 5.44.060(C) states: "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." Ms. Valentine has "permanently vacated the space" by agreement with her counsel, leaving the RV vacant pending sale. This is a “change of ownership resulting from vacation of the space,” allowing adjustment to fair market rent. The Director’s contrary interpretation—that “vacation of the space” requires physical removal of the unit—renders the text meaningless. If a unit is removed, there is no “change of ownership” of that unit in the space. Statutes must be interpreted to avoid surplusage (see Kaanaana v. Barrett Business Services, Inc. (2021) 11 Cal.5th 158, 168–170). The only reading that gives effect to both clauses is that “vacation” refers to the tenant vacating, not physical removal. The City's interpretation would render the provision meaningless, as a "new unit... owned by a new owner" means there could never be a "change of ownership resulting from vacation." The Ordinance's intent (§ 5.44.010(F)) supports vacancy decontrol to protect sales in place, but only where the space is not vacated. Here, it is vacated, so fair market rent applies. C. The Long-Term Lease Exempts Space A28 from the Ordinance SLOMC § 5.44.030(E) expressly exempts from the Ordinance’s rent stabilization provisions: “Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but only for the duration of such lease or contract.” This is a deliberate policy choice balancing tenant security with incentives for long-term stability (see Guggenheim v. City of Goleta (9th Cir. 2010) 638 F.3d 1111, 1120). The Lease for Space A28 qualifies unequivocally under this exemption. Executed on July 13, 2023, it establishes a 20-year initial term, far exceeding the "more than a year" threshold 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 APPELLANT’S ADMINISTRATIVE APPEAL (Exhibit A, Lease, p. 1 and § 1.1, defining the "Initial Term" as 20 years from commencement). The Lease prominently features a boldface notice on its first page stating: "THIS LONG TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED." Ms. Valentine (and co-owner) signed the Lease, acknowledging its terms, including the attachment of the full Ordinance text for her review. This notice and structure align with best practices for long-term agreements, ensuring transparency and informed consent. The proposed rent adjustment upon change of ownership is explicitly authorized by the Lease and falls within the exemption's scope. Section 5.2 provides: "the rent shall be increased effective upon the transfer of this Agreement and/or one month before the expiration of the Initial Term of this Agreement to an amount determined by Park to be the fair economic rental value ('Market Rental Value') for the Site." Additionally, § 21.1 mandates assignment of the Lease upon sale: "This Agreement is subject to a mandatory assignment…" Upon Ms. Valentine's sale of the RV, the Lease is assigned to the buyer, continuing the same 20-year agreement without creating a new tenancy. The exemption applies "for the duration of such lease or contract," meaning it persists through the assignment, covering the rent adjustment as a term of the ongoing Lease. This is not a circumvention of the Ordinance but a direct application of its exemption, allowing park owners to negotiate market-based adjustments in long-term arrangements while providing tenants with extended security. The City's position ignores this clear exemption. The SLO Ordinance retains § 5.44.030(E) without amendment. Absent a local amendment removing the exemption—none of which has occurred based on available records—the provision remains in full force. The Leas e, signed in 2023, is thus exempt under local law. This interpretation advances the Ordinance's equitable goals (§ 5.44.010(G)), encouraging long-term leases that provide predictability for residents while enabling owners to recover fair returns upon turnover. Enforcing the 10% limit here would contravene the plain language of § 5.44.030(E), discourage long-term investments, and retroactively undermine 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 APPELLANT’S ADMINISTRATIVE APPEAL agreements entered in reliance on the exemption. The Hearing Officer should uphold the exemption and find no violation, as the proposed adjustment complies with the Lease terms during its exempt duration. THE CITATION SHOULD BE REVERSED TO AVOID BROADER HARM Reversing the citation aligns with the Ordinance’s equitable goals. If the City’s expansive interpretation is upheld, park owners will be compelled to enforce stricter policies—such as requiring RV removal upon turnover, as authorized by Civil Code § 798.73—which would reduce flexibility for in-place sales and likely harm residents. A faithful reading of Chapter 5.44 avoids these unintended consequences. REQUEST FOR RELIEF The Appellant respectfully requests that the Hearing Officer reverse the citation, find no violation of SLOMC Chapter 5.44, and dismiss Administrative Citation #ADM 00040264 in full. No fines, penalties, or further action should be imposed. If additional information is needed, we are available at the contact details above. Dated: September 19, 2025 Jason Dilday Attorney for Appellant EXHIBIT A r r THIS LONG TERM RENTAL AGREEMENT WILL BE EXEMPT FROM CITY OF SAN LUIS OBISPO MOBILE HOME PARK RENT STABILIZATION ORDINANCE TITLE 5, CHAPTER 5.44, A COPY OF WHICH IS ATTACHED. Lot: A28 SOUTH PEAK MHP LONG TERM RENTAL AGREEMENT THIS RENTAL AGREEMENT IS AN IMPORTANT DOCUMENT THAT HAS LEGAL CONSEQUENCES. IT IS RECOMMENDED THAT HOMEOWNER HAVE IT REVIEWED BY AN ATTORNEY PRIOR TO EXECUTING THE DOCUMENT. This Park is an Equal Housing Opportunity Provider We do business in accordance with the Federal Fair Housing Law (!) ~ IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, HANDICAP OR DISABILITY, FAMILIAL STATUS, MARITAL STATUS, SEXUAL ORIENTATION OR ANY OTHER PROTECTED CLASS. South Peak LONG-reRM R£KTAL.AOREEMENT This RENTAL AGREEMENT (hereinafter "Agreement'') is made and entered into this 13th day of July, 2023 or upon escrow closing, by and between the owner of South Peak MHP (hereinafter the "Owner") and those persons who have signed this Agreement, Linda Valentine & Vanessa Valentine as the homeowner(s) (hereinafter collectively the "Homeowner''). HOMEOWNER ACKNOWLEDGES AND REPRESENTS : HOMEOWNER EITHER OWNS OR IS PURCHASING THE MOBILEHOME ON THE LOT AND ANY ACCESSORY STRUCTURES BUT IS NOT PURCHASING THE LOT OR LAND WITHIN THE PARK. OWNERSHIP OF THE LOT AND LAND REMAINS WITH THE OWNER. ADJACENT PROPERTY IS, OR MAY BE, CAUSING ENVIRONMENTAL HAZARDS SUCH AS NOISE, DUST, ODOR, NOXIOUS FUMES, ETC. HOMEOWNER FOREVER RELEASES AND DISCHARGES OWNER FROM ANY DAMAGE OR INJURY WHICH HOMEOWNER HAS SUFFERED, OR MAY SUFFER, TO THE FULLEST EXTENT PERMITTED BY LAW. HOMEOWNER HAS CONDUCTED AN INDEPENDENT INVESTIGATION OF THESE MATTERS. HOMEOWNER ASSUMES ALL RESPONSIBILITY FOR THE MOBILEHOME, INCLUDING, BUT NOT LIMITED TO, TITLING AND REGISTRATION, PAYMENT OF TAXES, INSURANCE, GOVERNMENT FEES, AND MAINTENANCE OF THE MOBILEHOME AND ACCESSORY EQUIPMENT. OWNER MAKES NO REPRESENTATION RESPECTING HOMEOWNER'$ ABILITY TO SELL THE MOBILEHOME FOR THE PRICE PURCHASED OR FOR ANY OTHER PRICE. OWNER HAS NO OBLIGATION TO TAKE ANY ACTION TO PRESERVE THE VALUE OF HOMEOWNER'S MOBILEHOME. HOMEOWNER AGREES THAT OWNER IS NOT RESPONSIBLE FOR ANY CONDITION THAT AFFECTS MOBILEHOME SALES PRICES INCLUDING RENT TO BUYER, LEASE TERMS OFFERED TO BUYER OR CONDITION OF OTHER MOBILEHOMES IN PARK, OTHER THAN IMPOSED BY LAW OR NOT WAIVABLE LEGALLY. HOMEOWNER'S TENANCY WITH OWNER IS SUBJECT TO TERMINATION UNDER ANY AND ALL PROVISIONS OF THE CALIFORNIA MOBILEHOME RESIDENCY LAW. South Peak LOH~ TERM RENTAL AGREEMENT PAMZ 1. SPECIFIC INFORMATION. 1.1 Lot: Owner agrees to rent to Homeowner and Homeowner agrees to rent from Owner the Lot No. A28 {hereinafter the "Lot") in South Peak MHP. 1.2 Term: The tenancy created under this Agreement shall be for the following term : (Check one:) Ten (10) year lease commencing on ___ and ending on ___ _ X Twenty (20) year lease commencing on 07/13/2023 and ending on 6/30/2043 The term of this Agreement will automatically renew for the same term {i.e. 10 years or 20 years) unless terminated prior to expiration. 1.3 Rent and other Charges: Base Rent Guest Fee Late Rent Charge Check Handling Charge Security Deposit 1.4 Utilities: The beginning rent shall be $695.00 per month. Thereafter, unless otherwise prohibited by law, the Base Rent will be increased annually pursuant to paragraph 5. 1. $ ________ per month . $50 $35 $695.00 1.4.1 Provided and separately billed to Homeowner, or paid by Homeowner to Utility: Utility Paid by Homeowner to Park Will Bill Monthly Utility Natural Gas X Electricity X Water X Telephone X Cable 1V X Sauth Peak LONG-TERM RElfTALAGREEMENT PAOE3 r r Internet X Trash X Sewer X 1.4.2 Provided without separate charge to Homeowner: Utility Provided without charge by Park Natural Gas Electricity Water Telephone Cable TV Internet Trash Sewer 1.5 Occupants of mobilehome upon the commencement date of this Agreement: 1.5.1 Homeowner(s) as listed on the last page of this Agreement. 1.5.2 ADDITIONAL RESIDENTS: XNone Names: 1.5.3 ADDITIONAL OCCUPANT($) WITH NO RIGHTS OF TENANCY PURSUANT TO CALIFORNIA CIVIL CODE SECT. 798.34(e): XNone One (1} companion:. ______________ _ Live-in caregiver: _______________ _ Family member under care of senior: ________ _ 1.6 The specific information provided in this paragraph 1 is only a summary and is more fully detailed in this Agreement. South Peak LONIP TERM RENTAi. AGREEMENT r 2. DEFINITIONS. The definitions set forth below shall apply unless more specifically defined within another provision of this Agreement. Note, unless otherwise stated, the terms defined herein are not the definitions set forth in the Mobilehome Residency Law (California Civil Code §§ 798 et seq.). 2.1. "Park" means South Peak located at 145 South Street, San Luis Obispo, CA 93401. 2.2. "Homeowner," encompasses the definition set forth in the Mobilehome Residency Law and means, that person(s) who has/have a tenancy in the Park pursuant to this Agreement. 2.3. "Owner" means the legal owner{s) of the Park, except for the following: For those provisions of this Agreement that are for the protection or benefit of Owner (including, but not limited to, provisions that waive Homeowner's claims or rights, release or discharge Owner, or acknowledge, represent or warrant to Owner), "Owner" includes Owner's past, present and future principals, and representatives including but not being limited to Owner's professional management companies, independent contractors, employees, agents and attorneys. The parties agree that this definition provides more protection to these managers and other representatives than they would otherwise enjoy, but the parties acknowledge that said managers and representatives have such protections here. 2.4. "Resident," as defined in the Mobilehome Residency Law is a homeowner or other person who lawfully occupies a mobilehome. 2.5. "Additional Occupant" includes persons sharing the Lot pursuant to California Civil Code§ 798.34, such as a guest, companion, live-in caregiver, or family member under the care of a senior. 2.6. "Common Facilities of the Park," "Park Facilities" and "Common Areas" mean those facilities of the Park generally available for use by Resident(s) and their [accompaniedJ guests. 2.7. "Lot" means the real property portion of the Park designated or used for the occupancy of one mobilehome, which real property is rented to Homeowner by Owner, and the area one foot below and 16 feet above grade. The boundaries of the real property rented to Homeowner shall be the lesser of either (1) the lot lines as determined by a governmentally approved survey or by a recorded plot plan, if applicable, or (2) the apparent physical boundaries of the Lot as they exist at the time of execution of this Agreement. However, if the area necessary to comply with setback requirements of state and local agencies comprises a smaller area than stated above, then this smaller area shall comprise the "Lot." 2.8. "Mobilehome Residency Law" means those provisions of the California Civil Code §§ 798 et seq. which are known as the "Mobilehome Residency Law" (induding any future changes to it, except to the extent such change operates to the South Peak LONG-TERN RENTAL AOREENENT PAGES r detriment of Owner, in which case such change shall be recognized only to the extent required by law). 2.9. "Owner's approval" or "approval of Owner," "Owner's consent" or "consent of Owner" or other similar terms as used in this Agreement or in other documents referred to in this Agreement, means that the Owner's prior written approval must be obtained by Homeowner before Homeowner commences any such action requiring Owner's approval. If Owner's prior written approval is required, Homeowner shall submit a written request to Owner, which describes the action Homeowner proposes to take and for which Owner is requested to give prior written approval. Without limiting the foregoing, Homeowner agrees that if Homeowner does commence any construction, alterations and/or improvements without Owner's approval, Homeowner will remove such unapproved items immediately upon notice by Owner. 2.10. "Rules and Regulations" or other similar terms as used in this Agreement or in other documents referred to In this Agreement, means those rules described in Civil Code§ 798.15(b) and§ 798.25 (as may be amended). 3. PAYMENT OF RENT1 UTILITIES, INCIDENTAL REASONABLE SERVICE CHARGES AND SECURITY DEPOSIT. 3.1. Homeowner shall pay in advance (without deduction or offset to the fullest extent of the law) to Owner on the first day of each month: 3.1.1. The Base Rent as defined in paragraph 1.3. 3.1.2. All utility charges billed to Homeowner by Owner during the month. 3.1.3. The guest fee listed in paragraph 1.3 above shall be assessed for each calendar month or any portion thereof. for each guest who has stayed more than a total of twenty (20) consecutive days or a total of thirty (30) days in any calendar year. Such guest fee shall commence the day after a guest has exceeded the grace time specified in the preceding sentence and shall be payable in full for each calendar month or portion thereof. 3.1.4. Such other amounts and charges as are set forth herein, authorized or required by law, or added or increased as provided by law or this Agreement or amendments thereto. Utilities, late charges, and incidental reasonable service charges may be adjusted by Owner at any time to the fullest extent permitted by law. 3.2. Rent. The Rent shall include the Base Rent, defined in paragraph 1.3, and all additional rent as set forth in this Agreement. 3.3. Rent shall be paid by check, cash or money order at the Park Office located at 145 South Street, San Luis Obispo, CA 93401, or such other address as provided by Owner upon notice to Homeowner. If any tendered payment of Rent is dishonored by the bank for Non-Sufficient Funds (NSF) or Stop Payment, Owner may, upon at least ten (10) days' written notice to Homeowner, require payment to be made in cash or equivalent for a period not to exceed three (3) months after the date of notice South Peak LON~ TERM REHTAL AORliEMENT PAGE6 r from the Owner as provided by law. If the rent is not paid to the office by 5:00 p.m . on the sixth (6th) day of the month, the late charge specified in paragraph 1.3 above shall be charged. The acceptance by Owner of any late or partial payment shall not constitute a waiver of any breach of any term or provision of this Agreement. 3.4. Security Deposit. Any new Homeowner moving into the Parle shall be required to, upon execution of this Agreement, deposit the amount specified in paragraph 1.3 above as a security deposit for the performance by Homeowner of the provisions of this Agreement. In the event Homeowner defaults on any provision of this Agreement, Owner may use the security deposit, or any portion of it, to cure any default on any of the provisions of this Agreement. In addition, Homeowner shall, on demand, immediately pay to Owner a sum equal to the portion of the security deposit expended or applied by Owner in this paragraph, so as to maintain the security deposit in the sum initially deposited by Owner. In no event shall the security deposit held by Owner exceed twice the initial Base Rent. Owner may maintain the security deposit with Owner's general and other funds. Owner will not be required to pay to Homeowner interest on the security deposit. 3.5. If Homeowner is not in default upon the expiration or termination of this Agreement, Owner shall return the security deposit or any balance thereof, to Homeowner within twenty-one (21) days after termination of tenancy. If Homeowner is in default, Owner shall refund the full amount of the security deposit less any amounts owing to Owner by Homeowner for rent, utilities, or other charges due, but unpaid by Homeowner at the time Homeowner vacates the Parle. 4. UTILITIES. 4.1. Owner shall provide and separately bill to Homeowner for the utilities set forth in paragraph 1.4.1. above. Upon sixty (60) days· prior written notice to Homeowner, Owner may require Homeowner to contract with the appropriate utility provider for service and to pay directly for one or all of the utilities which have previously been separately billed to Homeowner. In such event, Homeowner may be required to pay a deposit to the utility provider and/or may be charged at a rate for the utility or service which differs from the rate then currently charged by the Park. 4.2. Utilities will be billed monthly, in arrears. Utility rates charged by Owner which are governed and set by law (such as electricity, gas) shall be billed at the maximum rate as allowed by law. Utilities not so governed shall be charged by Owner to Homeowner by, at the election of Owner, one of the following: 4.2.1 . The rate and fees charged by the servicing utility or utility provider in the area in which the Park is located for delivering said utility and utility services to single family detached residences. 4.2.2. The amount billed to Owner by the providing utility and utility service for the entire Park, divided by the number of spaces in the Park . In determining these amounts, the charges may, at the election of Owner, be annualized and be considered on a full twelve (12} month basis. South PPk LONG, TERM RENTAL AGREEMENT PAGE7 r 4.2.3. Any method reasonably determined to be fair by Owner. Homeowner shall contract with the appropriate utility company or provider and pay directly for all other utilities and/or services, such as telephone, cable T .V. and Internet, as required or desired by Homeowner. 4.3. Owner shall not be liable for any loss or injury, and Homeowner shall not be entitled to any abatement or reduction of Rent by reason of Owner's failure to furnish any of the foregoing utilities when failure is caused by accident, breakage, repairs, strikes, or other labor disputes or by any other cause, similar or dissimilar, beyond the reasonable control of Owner. Homeowner acknowledges that any interruption of any utility service beyond control of Owner is not cause for non-payment or deduction of any amount billed to Homeowner by Park. (Please Note: The provisions of the paragraph below entitled "INDEMNIFICATION" apply to this paragraph.) 4.4. Utilities are provided by utility companies and other service providers to the Park, and Owner is not responsible for any variances or problems in the quality of utilities provided by utility companies and/or service providers. Such variances include, but are not limited to, the condition, taste, color or smell of water; interruption of gas or electrical service; or problems with gas, electrical, water or sewer systems on Homeowner's side of the meter or hookup or outside of Owner's side of its meter or hookup to the serving utility. 4.5. Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Lot, any apparatus or device for the purposes of using electric current, natural gas, or water. 4.6. Homeowner is responsible for detennining that Homeowner's mobilehome as well as all appliances and additional equipment used on or at the Lot is compatible with the electric service of the Park, and Homeowner agrees and acknowledges that Park has no liability or responsibility to Homeowner if the available electrical supply is not compatible. In such instance, Homeowner shall reduce draw on the electrical system to compatibility. 4.7. Homeowner is responsible for maintenance and repair of all utility lines (including, but not limited to, wiring, cabling, gas lines, water pipes, sewer pipes or conduit) between the Park's utility connection for the Lot and Homeowner's mobile home. 4.8 . Whenever it is necessary for Owner to make repairs or improvements to the Park's utility systems, Owner will have the right to suspend temporarily the delivery of the affected utility/utilities. However, a reasonable notice will be given to Homeowner as c ircumstances permit. All such repairs and/or improvements will be completed as rapidly as may be practical and, if possible, at such times which will cause the least inconvenience to Homeowner. 4.9. Homeowner agrees to review all utility billing statements and to notify Owner in writing of any issues detected within thirty (30) days of receipt thereof. 4.10. Homeowner agrees to cooperate with Owner in all matters affecting the Park and its operation, including, but not limited to, any effort by the Park to install solar South Peak LOIIIG-TERN RENTAL AGI\EEMENT PAGE 8 r energy and/or tum over the natural gas and electrical systems to the serving utility or its affiliates, and any efforts to comply with drought compliance regulations and fire prevention efforts. 4.11. Proposition 65 Warning: The Lot as well as the Common Areas in and around the Park contain at least one of the chemicals known to the State of California to cause cancer or reproductive toxicity and for which warnings are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, chlorine, carbon monoxide and gasoline components. For more information, go to www.P65Warnings.ca.gov. 5. RENT ADJUSTMENT NOTICES. 5.1. On January 1 of each subsequent year (hereinafter the "Anniversary Date"), and each year thereafter, the Base Rent then in effect shall be Increased by an amount determined by multiplying the rent then in effect by the percentage increase in the Consumer Price Index (uCPI") for All Urban Consumers for San Jose-Sunnyvale- Santa Clara. CA as published by the United States Department of Labor, Bureau of Labor Statistics, plus two percent (2%), during the twelve (12) month period between August of the prior year and August of the current year. However, in no event shall the increase adjustment under this paragraph be less than four and ninety-five hundredths percent (4.95%) or greater than eleven percent (11 %) over the prior year's rent if the term of the Agreement as set forth in paragraph 1 .2 above is a 10-year term or three and ninety-five hundredths percent (3.95%) or greater than nine percent (9%) over the prior year's rent if the term of the Agreement as set forth in paragraph 1.2 above is a 20- year term. In the event the foregoing Consumer Price Index is discontinued or revised, another governmental index then in existence may be selected by the Park and used to obtain substantially the same result as if the foregoing index had not been discontinued or revised. 5.2. Notwithstanding anything contained herein to the contrary, the rent shall be increased effective upon the transfer of this Agreement and/or one month before the expiration of the Initial Term of this Agreement to an amount determined by Park to be the fair economic rental value ("Market Rental Value") for the Site. Park's determination of that amount shall be final and binding and conclusive for all purposes unless and until determined by a court or final binding arbitration award to have been determined to be both made in bad faith and objectively unreasonable. Park may utilize a land residential approach. highest and best use, existing use, or any other methods, factors, or combination thereof, to make that determination, including, but not limited to, multiple factors, so long as it is made in good faith or is objectively reasonable. 5.3. Homeowner agrees to review all rent adjustment notices and billing statements and to notify Owner in writing of purported errors or discrepancies within thirty (30) days of receipt thereof. 5.4. Homeowner agrees that no act (including, but not limited to, noticing and collecting of any subsequent rent adjustment), omission, or delay on the part Owner in noticing any Rent adjustment or portion thereof shall excuse, waive, or impair Owner's South Peak LONG-TERM RENTAL AGREEIIIEfll PM&.9 r right to notice and collect any such rent adjustment amount or portion thereof at a later date upon giving the required notice, if any, in this Agreement. 6. TAXES, GOVERNMENT INSURANCE. ASSESSMENTS, CAPITAL EXPENSES, 6.1. Homeowner shall pay directly to the assessing body or party all municipal, county, state and federal taxes, assessments, fees or other charges levied upon Homeowners mobilehome and other property on the Lot. 6.2. Any and all taxes and assessments and installment of taxes and assessments required to be paid by Homeowner under this Agreement shall be paid by Homeowner at least ten (10) days before each such tax, assessment, or installment of tax or assessment becomes delinquent. Upon three (3) days prior written notice from Owner, Homeowner shall deliver to Owner the official and original receipt evidencing the payment of any taxes, assessments, and other charges required under this paragraph "Taxes, Government Assessments, Capital Expenses, Insurance." 6.3. Homeowner shall indemnify and hold Owner free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this paragraph to be paid by Homeowner and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. 6.4. Homeowner shall indemnify and hold Owner, Owner's employees, agents and property, including the Park and any improvements now or subsequently located in or on the Park, free and harmless from any liens, liability, loss or damage resulting from any taxes, assessments or other charges required to be paid by Homeowner and from all interest penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. 6.5. Should Homeowner fail to pay within the time specified in this paragraph, any taxes, assessments or other charges required to be paid by Homeowner, Owner may, without notice to or demand on Homeowner, pay, discharge, or adjust such tax, assessment or other charge for the benefit of Homeowner. In such event, Homeowner shall promptly, upon written demand of Owner, reimburse Owner for the full amount paid by Owner in paying, discharging, or adjusting that tax, assessment or other charge together with interest thereon at the then maximum legal rate from the date of payment by Owner until the date of repayment by Homeowner. This Agreement may create a possessory interest, which possessory interest vests in the Homeowner, and the Homeowner may be subject to payment of property taxes levied on the possessory Interest, If created. Homeowner will be responsible for all such taxes whether they are on the home or the Lot. 6.6. Homeowner shall pay Homeowner's pro rata share (on a per space basis) any increase in Owner's real property taxes or assessments from and after the commencement of this Agreement, which increase in real property taxes or assessments is in excess of two percent (2%) in any given year, not to exceed fifty dollars ($50.00) per month. South Peak LONG-TERM RENTAL AGREEMENT PAGE10 r 6.7. Unless otherwise prohibited by law, Owner may pass through to Homeowner any and all governmental assessments related to the operation of the Park. For governmental assessment increases of a continuing nature, Base Rent may be increased by such amount as is necessary to cover the increase in such assessment. The Base Rent shall be adjusted equally in an amount necessary for each lot in the Park to cover its pro-rata share of the increase in such cost. Government assessments shall not include federal, state or local income taxes. 6.8. Capital Improvement and Capital Replacement Pass Through. 6.8.1. The term "Capital Improvement" refers to anything or item which is new and not before existing in the Park with a useful life of one (1) year or more. Examples of Capital Improvement: Construction of a new swimming pool where none existed before, adding new extensive landscaping where none existed before. 6.8.2. The term "Capital Replacement" refers to replacement of any existing thing or item in the Park with a useful life of one (1) year or more. Examples of Capital Replacements: A roof to replace the old roof on the existing clubhouse; repaving of the streets (as compared with an asphalt patch to the street). 6.8.3. The amount of the increase to the Rent shall equal the total cost of Capital Improvements or Capital Replacements (as defined above) made by the Park during the twelve (12) month period preceding the month in which the current Rent increase notice is given, amortized over the useful life of the improvement, divided by twelve (12) and divided by the number of Homesites in the Park. Owner shall be entitled to receive interest on the cost of such Capital Improvement and/or Capital Replacement, calculated by utilizing a ten percent (10%) interest factor. 6.9. Insurance. If, after taking the costs for insurance (as defined below) during the comparison period and comparing these costs with the costs during that term, the costs for Insurance have increased, the Rent in effect shall be increased by the amount of that increase, divided by twelve (12) and divided by the number of lots in the Park. The term "Insurance" means and includes all amounts paid by the Park for insurance, including, but not limited to, insurance for any claim, loss, damage or injury to property or person, including fire, earthquake, flood, vandalism, burglary, or theft. The term "Insurance" shall also indude premiums paid by the Park for workers' compensation insurances. 6 .1 o. Uninsured Losses. If there have been costs associated with Uninsured Losses (as defined below) during the time this Agreement is in effect, the Rent then in effect shall be increased by the amount of Uninsured Losses divided by twelve (12) and divided by the number of lots in the Park, amortized over a five (5) year period. The term "Uninsured Losses" is defined as either: (1) any losses for which Owner is not fully compensated by insurance or (2) any losses for which the Owner is ordered by any court or arbitrator to pay as damages or to compensate any person or group of persons, because of any claim, lawsuit, arbitration or administrative action brought against the South Peak LONG-TERM RENTAL AGREEMENT PAGE11 r Owner and which is, for any reason, not paid by an insurance company (including, but not limited to, any good faith and reasonable settlement of any claim, with or without litigation or arbitration). Uninsured Losses shall be limited to losses related to, connected with, or concerning the operation, management, maintenance, leasing, or ownership of the Park or management of the Park for a violation of the Mobilehome Residency Law. 6.10. 1. Notwithstanding anything contained above, Owner shall bear the responsibility of two percent (2%) or $2,000.00, whichever is greater, for Uninsured Losses. 6.10.2. When Uninsured Losses necessitate Owner replacing or repairing Park property, the total amount of Uninsured Losses shall include the actual cost incurred by Owner to replace or reconstruct any property, including legal and engineering fees related to said replacement, plus all interest, points and other costs and charges relating to the borrowing of any sums during the period of construction or installation. Such interest, points, fees or other costs and charges shall not exceed an amount equal to that charged by an institutional lender of Owner's choice. 6.10.3. Any and all of the above-mentioned Rent adjustments shall comprise additional rent and be included in Homeowner's Rent. 7. HOLDOVER TENANCY. If Homeowner remains in possession of the Lot after the expiration of the term of this Agreement, defined in paragraph 1.2, and has not executed a new rental agreement with respect to the Lot, said possession by Homeowner shall be deemed a month-to-month tenancy. When Homeowner holds over possession of the Lot, Owner may, upon written 90-Day notice, increase the Rent and other charges of the Park unless otheiwise prohibited by law. 8. RESPONSIBILITY OF THE PARK. 8.1. It is the responsibility of the management to provide and maintain the physical improvements in the Common Facilities of the Park in good working order and condition. Owner shall provide improvements, including streets, and will also provide the following improvements if checked on the list below: Improvement Park Number Provides Provided Non-Restricted Parking Areas Clubhouse Tennis Court Basketball Court Laundry Facility X 1 Restroom Facility South Peak LONG-TERM RENTAL AGREEMENT PAGE 12 r Spa Lake Volleyball Court Beach Greenbelts Dock Picknick Areas BBQ Grills Gym 8.2. Owner may discontinue or modify any service or facility listed, but only upon the giving of lawful notice to Homeowner. The Park provides no services other than utilities. (Please note: Furniture, equipment and other items of personal property located in the Common Facilities which belong to Resident or Resident(s)' clubs, associations or other organizations or services provided by Resident or such organizations, are not the responsibility of the Park to provide or maintain). 8.3. With respect to any sudden or unforeseeable breakdown or deterioration of the physical improvements of the Park, management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. 8.4. Any available heating, cooling and lighting of pools, clubhouse, and other Common Areas will be turned on as required to maintain reasonable accessibility during normal hours of usage to the extent reasonable and permitted by law. 8.5. The Park may, upon the giving of lawful notice, amend, delete, add or modify any of the services or facilities provided. 9. AL TERA TION OF THIS AGREEMENT. This Agreement may be altered by Homeowner only by written agreement signed by both of the parties or by operation of law. This Agreement may be altered by Owner by written agreement signed by both of the parties, by operation of law or in any manner provided for by the Mobilehome Residency Law or other applicable law. Except for the amount of Rent and the duration of this Agreement, each provision of this Agreement shall be deemed to be a Rule and Regulation, as well, and may be amended, modified, or otherwise changed and enforced as a Rule and Regulation under the Mobilehome Residency Law. 10. MOBILEHOME OCCUPANCY AND ADDITIONAL OCCUPANT. South Peak I.OIIG-TERM RENTAL AGREEMENT PAGE13 r 10.1. If Homeowner is living alone and wishes to share occupancy of his or her mobilehome with one (1) other person, Homeowner may do so, and a fee shall not be imposed by Owner for that person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by the Rules and Regulations of the Park and shall register with the Owner. Homeowner may only designate one person at a time as a companion and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by Owner. Owner may refuse to allow a Homeowner to share his or her mobilehome with a companion if Homeowner does not provide documentation showing the proposed companion meets the age restrictions of the Park, if any. 10.2. Any Additional Occupant. family member or other invitee of Homeowner shall at all times be bound by the Rules and Regulations and any other residency documents, and any conduct by them in violation of such Rules and Regulations or other residency documents shall be deemed a violation by the Homeowner. The Homeowner promises and warrants that each such Additional Occupant, family member or other invitee will at all times comply with all Rules and Regulations. 10.3. For any guest who stays more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year, such guest must register with the Owner. Homeowner will be charged an Additional Occupant fee as referenced in paragraph 1.3 of this Agreement. However, no such charge will be imposed if the occupant is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. 11 . INCORPORATED DOCUMENTS. The following documents, as they may be amended, modified, or otherwise changed from time to time, as permitted by the terms of this Agreement, are attached as exhibits to this Agreement and incorporated herein by this reference, and Homeowner acknowledges receipt of a copy of the same: 11.1. California Civil Code provisions known as the "Mobilehome Residency Law" attached hereto as Exhibit A; 11 .2 . The Park's Rules and Regulations attached hereto as Exhibit B; 11.3. Estoppel Certificate attached hereto as Exhibit C; 11.4. Pet Agreement attached hereto as Exhibit D; 11 .5. Waiver and Release of Liability attached hereto as Exhibit E; 11.6. "Protect Your Family from Lead in Your Home" attached hereto as Exhibit 11.7. Mold and Ventilation Requirements attached hereto as Exhibit G; 11 .8. Mobilehome Park Rental Agreement Disclosure Form Pursuant to Civil Code (Section 798.75.5) attached hereto as Exhibit H; South Peak LONG-T£RIII RENTAL AGRU:MENT PAGl!14 r r 11.9. Notice of Additional Disclosures attached hereto as Exhibit I; 11.10. Important Notice to All Manufactured Home/Mobilehome Owners attached hereto as Exhibit J: 11.11. Incoming Mobilehome Installation and Remodeling Standards attached hereto as Exhibit K; 11.12. City of San Luis Obispo Mobile Home Park Rent Stabilization, Title 5, Chapter 5.44 attached hereto as Exhibit L. 11.13. There is a separate Arbitration Agreement attached as Exhibit M which is not incorporated by reference but attached. 11.14. In the event of any inconsistency between the terms of this Agreement and the terms of any exhibits to this Agreement, the terms of the Agreement shall control to the fullest extent permitted by law, provided that Owner may correct any such inconsistency when identified through reasonable amendmentnnde)i_s,i:h terms cons,stent. ~ V 1v Homeowner's Initials 12. HOMEOWNER'$ WARRANTIES. 12.1. If, on the date of this Agreement, there is not presently a mobilehome located on the Lot, or if Homeowner is to remove the mobilehome presently located on said lot and replace it with another mobilehome, Homeowner acknowledges and agrees that certain representations have been made by Homeowner to Owner as to the make, model, type, size, age and condition of the mobilehome which will occupy the lot and the accessory equipment and structures which will be a part of or installed with the mobilehome. Homeowner warrants to Owner that all representations made regarding the mobilehome and all accessory equipment and structures are true and accurate. Owner may inspect the mobilehome and the accessory equipment, and Homeowner agrees not to substitute another mobilehome or other accessory equipment and structures for the ones approved by Owner unless they meet all of Owner's requirements and specifications and Homeowner has obtained prior written approval of Owner. If Owner determines that said representations are not true and accurate, then Owner may refuse to accept the mobilehome or the accessory equipment and structures for installation, or, if installed without Owner's approval, will be removed by Homeowner. 12.2. Within thirty (30) days of execution of this Agreement, Homeowner shall provide the decal number for the mobilehome located on the lot to the Park's management office. 12.3. [Alternative] Homeowner represents and warranties to Owner that at least one occupant who has signed this Agreement is at least fifty-five (55) years of age, all other Residents are a minimum of L------( )1 of age or older, and any occupant of the Lot will present proof of age within 1 O days of written request. South Peak LONCr TERM RENTAL AGREEMENT PAOE15 13. USE OF LOT AND PARK. 13.1. The Lot shall be used only as a site to locate, maintain and occupy a mobilehome for private residential purposes. Except as otherwise set forth in the Park's Rules and Regulations, no business or commercial activity of any nature shall be conducted on the Lot including, but not limited to: 13.1.1. Any activity requiring the issuance of a business license or permit by any governmental agency, except as otherwise allowed under the Park's Rules and Regulations or California law. 13.1.2. The leasing, subleasing, sale or exchange of mobilehomes. 13.2. At all times at least one of the persons listed on the last page of this Agreement as Homeowner must be a "registered" owner of the mobilehome who at all times occupies the Lot as his/her personal and actual residence. 13.3. Homeowner shall give Owner at least thirty (30) days advance written notice (and request Owner's approval) of the date a mobilehome or any accessory structure will be installed on the Lot, or any change to mobilehome, accessory structure, or Lot in which a permit is required. Homeowner shall obtain the required permit and shall otherwise cause the installation or change to comply with all applicable laws and regulations then in effect, including the Park's Rules and Regulations. Any inspection or approval by Owner, however, is made for the sole benefit of Owner, and Homeowner may not rely upon such inspection or approval to ensure that the item has been installed or constructed correctly or that the work has otherwise been done as required. 13.4. Homeowner shall not make any improvements, alterations, or additions to the Lot or remove or change any existing improvements or landscaping without the prior written consent of Owner. Should Homeowner not obtain Owner's prior written consent, such additions or alterations shall, upon demand of Owner, be promptly removed by Homeowner at Homeowners sole expense. 13.5. No use shall be made or permitted to be made on the Lot, nor acts done, which will increase the existing rate of insurance upon the Park, or cause the cancellation of any insurance policy covering the Park or any part thereof. 13.6. Homeowner shall not commit, or suffer to be committed, any waste upon the Lot, or any nuisance or any other act or thing, including offensive odors, which may disturb the quiet enjoyment of any other Homeowner. 13.7. Homeowner agrees to reasonably cooperate with Owner in all matters affecting the Park and its operation, including, but not limited to, any effort by the Park. to install solar energy and/or turn over any natural gas and electrical systems to the serving utility or its affiliates. 14. COMPLIANCE WITH LAW AND RULES AND REGULATIONS. South Peak LONG-TERM RENTAL AGREEMENT PAoe16 14.1. Homeowner agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, the Rules and Regulations, all rules, regulations, terms and provisions contained in any document referred to in this Agreement. and said rules, regulations, terms and provisions as may, from time to time, be amended, modified or otherwise changed by Owner as permitted by the terms of this Agreement. Any substantial violation of the Rules and Regulations shall be deemed a public nuisance. Homeowner agrees that a breach of this Agreement or any violation of the Rules and Regulations cannot reasonably or adequately be compensated in damages and, therefore, Owner shall be entitled to injunctive relief including, but not limited to, restraining Homeowner from continuing to breach the Agreement or continuing to violate any rules or regulations, term, or condition, or to allow a condition violative of a rule or regulation, term or condition to exist or continue to exist. 14.2. Homeowner is responsible for the actions and conduct of all other occupants, Residents or Additional Occupants of Homeowner's mobilehome and for 1he actions and conduct of Homeowner's guests, licensees and invitees. Homeowner agrees and acknowledges that any violation of the Rules and Regulations by any person residing with Homeowner, or any guest of Homeowner, shall be deemed a failure by Homeowner to perform an express term of this Agreement, and Owner may terminate this Agreement pursuant to the Mobilehome Residency Law as a consequence of such default. 15. MAINTENANCE OF LOT. 15.1. Homeowner shall at all times maintain Homeowner's mobilehome and the Lot in a clean and sanitary condition, and shall cause all rubbish and other debris to be removed from Homeowner's mobilehome and lot on a regular basis. Landscaping on the Lot shall be watered and maintained by Homeowner, at Homeowner's expense. Homeowner agrees not to unreasonably use water to water the landscaping to be used on the Lot, and not to permit standing water, mud or other similar conditions to be created on the Lot, and not to permit excessive water runoff on the Lot or outside the Lot. In addition, Homeowner shall comply with all Park Rules and Regulations pertaining to the maintenance of the Lot by Homeowner. 15.2. In the event Homeowner fails to maintain Homeowner's Lot as provided in the Rules and Regulations, management may, upon giving prior written notice to Homeowner, perform the required maintenance and charge Homeowner a reasonable fee for said maintenance. The written notice shall state the specific condition to be corrected, that management will perform the maintenance if Homeowner does not perform such within fourteen (14) days of the written notice, and an estimate of the charges to be imposed by management if the services are performed by management or its agents . 16. ENTRY UPON HOMEOWNER'S LOT. Except as otherwise provided by law, Owner, management and their agents and employees shall have a right of entry upon the Lot for inspection for compliance with the Rules and Regulations, maintenance and reading of utilities, maintenance of trees and driveways and for maintenance of the Lot where Homeowner fails to maintain the Lot in South Peak LONG-lEW REHTAt.AG"£E'-'EH'J l'AGI! 17 accordance with the Rules and Regulations, and for the protection of the Park at any reasonable time and as allowed by law. The Management may enter a home without the prior written consent of the Homeowner in the case of an emergency or when Homeowner has abandoned the home. 17. WAIVER OF DEFAULT. No delay or omission in the exercise of any right or remedy of Owner on any default by Homeowner and/or any other person shall impair any such right or remedy or be construed as a waiver. No waiver by Owner of Owner's right to enforce any provision hereof after any default on the part of Homeowner shall be effective unless made in writing and signed by Owner, nor shall it be deemed a waiver of Owner's right to enforce each and all of the provisions hereof upon any further or other default on the part of Homeowner. The acceptance of Rent hereunder shall not be, or become construed to be, a waiver of any breach of any term or provision of this Agreement or any rule, regulation, term or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement or affect any notice, demand or suit hereunder. 18. TERMINATION OF TENANCY BY OWNER. 18.1. Homeowner's rights under this Agreement may be declared forfeited and/or the tenancy may be terminated and/or Homeowner's right to renew his or her tenancy may be denied in accordance with the provisions of the Mobilehome Residency Law and other applicable law, at Owner's election. The issuance of a termination of tenancy notice shall be considered an election to forfeit the tenancy within the meaning of this Agreement. 18.2. If Homeowner remains in possession after Homeowner's tenancy has been terminated, Homeowner shall pay to Owner an amount equal to the rental charges Homeowner was paying to Owner at the time Homeowner's tenancy was terminated or the maximum reasonable rental value, whichever is greater. 18.3. If all or a substantial part of the Park is damaged or destroyed due to earthquake, fire, flood or other natural disaster or catastrophe, and if the cost of repairs and rebuilding exceeds $250,000.00 or if, in Owner's sole opinion, the balance of the Park is not suitable for a mobilehome park, then Owner may terminate this Agreement upon sixty (60) days' written notice to Homeowner. Owner may exercise this option even if loss to the Park may be covered all or in part by insurance. 19. TRANSFER OF OWNER'S INTEREST. In the event Owner transfers Owner's interest in the Park, Owner shall be automatically relieved of any obligations hereunder from the date of such transfer. 20. TERMINATION BY HOMEOWNER. Homeowner may elect to terminate their tenancy upon no less than sixty (60) days written notice of termination to Owner, provided that (1) all persons occupying the Lot rented to Homeowner by this Agreement vacate the Lot and (2) Homeowner either South Peak LO"IG-TERM Rl!NTAL AGREEMENT PAGE18 (a) sells the mobilehome to a third party who has been approved by Owner for tenancy in the Park in accordance with the terms set forth in the paragraph entitled "APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENTS", (b) removes the mobilehome from the Park, or (c) abandons or vacates the mobilehome. If the Lot is voluntarily vacated as a result of a transfer of legal ownership of the mobilehome, and it is not removed from the lot, the Rent may be increased by Owner as to the next Resident. If the Lot is voluntarily vacated as a result of the abandonment or removal of the mobilehome, then Homeowner shall not be liable for Rent or other charges from after the expiration of the 60 days (or more, if applicable), provided Homeowner gives written notice they are irrevocably abandoning all personal property on the Lot. 21. APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENTS. 21.1. Upon no less than sixty (60) days' prior written notice to Owner, Homeowner may sell Homeowner's mobilehome at any time pursuant to the rights and obligations of Homeowner and Owner under the Mobilehome Residency law and other applicable law. Any rights granted to Homeowner or to Owner by the Mobilehome Residency Law (including amendments, deletions, or modifications thereto) and by other applicable law may be enforced by Owner or by Homeowner. Homeowner must, however, immediately notify Owner in writing of Homeowner's intent to sell Homeowners mobilehome. If the prospective purchaser of the mobilehome intends for the mobilehome to remain in the Park, said purchaser must do the following before occupying the mobilehome: (a) complete an application for tenancy (which may include, among other things, a balance sheet, income and expense statement. and supporting material, and a fee for obtaining a financial report or credit rating); (b) be accepted for tenancy by the Owner; and (c) execute and deliver to Owner a new lease agreement, a lease assignment agreement or other agreements as the case may be for the occupancy of the Lot. This Agreement is subject to a mandatory assignment unless the Park in its sole discretion requires a new lease agreement. 21.2. IF THE PURCHASER FAILS TO EXECUTE A LEASE AGREEMENT, A LEASE ASSIGNMENT AGREEMENT OR OTHER AGREEMENTS AS THE CASE MAY BE FOR THE OCCUPANCY OF THE LOT, SUCH PURCHASER SHALL HAVE NO RIGHTS OF TENANCY. The lease agreement, Rules and Regulations and other residency documents signed by the prospective purchaser may be different in their terms and provisions than this Agreement, the Rules and Regulations, and other residency documents now in effect. 21 .3. Notwithstanding anything contained herein to the contrary, Owner may, in order to upgrade the quality of the Park. require the removal of the mobilehome from the Lot upon its sale to a third party, in accordance with the provisions of the Mobilehome Residency Law and other applicable law. Any rights granted either ei.57 8820 0 the 11.8 0 0 11.57 Tm (remo.8 196.57 T2.3853 0 0 12810.25.8 0 0 11.8 Tjsf.34 183.97 T 196.57e ) 11.me mobilehome, to its appurtenances, or to an accessory structure as required by Owner, pursuant to California Civil Code section 798.73.5. 22. RENT CONTROL AND ESTOPPEL CERTIFICATES. 22.1. Rent Control. HOMEOWNER EXPRESSLY ACKNOWLEDGES THAT THIS AGREEMENT is exempt from City of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Title 5, Chapter 5.44 because the tenancy is for more than a year. Homeowner also acknowledges that this Agreement may also be exempt from local rental control if the Lot is not the principal residence of the Homeowner either because Homeowner is receiving a homeowner's exemption for another property or mobile home in California, or Homeowner's principal residence is out of state. -v ~ti Homeowner's Initials 22.2. Estoppel Certificates. Homeowner agrees that upon Park's request, Homeowner must within ten (10) days execute, acknowledge and deliver to Owner, at the election of Owner, either (1) a statement in writing in the form requested by an institutional lender or a third party, or (2) a statement in writing in substantially the form attached hereto, certifying, among other things, that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rent and other charges have been paid and stating whether or not Park is in default of the performance of any covenant, agreement, term, provision, or condition contained in this Agreement, or is in violation of any law, ordinance, or administrative regulation and, if so, specifying each such default or violation, it being intended that any such statement delivered pursuant hereto may be relied upon by Park or any other party who may reasonably rely on such statement. Homeowner also agrees to execute and deliver from time to ti me such estoppal certificates as any institutional lender or a third party may require or request with respect to this Agreement. 22.3. Should any required estoppel certificate not be provided in a timely fashion, it shall be conclusively presumed, and shall constitute a representation and warranty by such party, that: (i) this Agreement is in full force and effect without modification, except as may be represented by the requesting party; and (ii) Park is not in breach, default, or violation in any of the respects referenced above. 22.4. The statement in writing in substantially the form attached hereto as Exhibit "C", as referenced in paragraph 22.2 above, may also contain the following : 22 .4.1. The names of all occupants of the Lot; 22.4.2. Nature of occupancy for each individual identified as an occupant (i.e., Additional Occupant, Resident, etc., shared tenancy under California Civil Code§ 798.34(b), family member, etc.); 22.4.3. The legal owner and registered owner of the mobilehome; SouthP-k LONG-Tl!RM REHTAL AGREEMENT PAGE20 r r 22.4.4. Names and addresses of all lien holders of the mobilehome; 22.4.5. A copy of the current title document for the mobilehome and a copy of the insurance policy or policies of Homeowner respecting fire, flood, and general liability. 23. LIENS AND CLAIMS. 23.1. Prohibition Against. Homeowner shall not suffer or permit to be enforced against Owner's title to the Park, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration or maintenance of the Lot or mobilehome. 23.2. Removal of Liens by Homeowner. Should any lien, demand or claim be filed, Homeowner shall cause it to be immediately removed. In the event Homeowner, in good faith, desires to contest such liens, demand or claim, he/she may do so, but In such case Homeowner agrees to and shall indemnify and save Owner harmless from any and all liability for damages, including reasonable attorney's fees and costs, resulting therefrom and agrees to and shall, in the event of judgment of foreclosure on said lien, cause the same to be satisfied, discharged and removed prior to execution of the judgment. 23.3. Removal of Liens by Owner. Should Homeowner fail to discharge any such lien or furnish bond against the foreclosure thereof, Owner may, but shall not be obligated to, discharge the same or take such other action as It deems necessary to prevent a judgment of foreclosure on said lien from being executed against the property, and all costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs incurred by Owner in connection therewith, shall be repaid by Homeowner to Owner on written demand. 23.4. No Recording. Homeowner agrees not to record this Agreement or a memorandum of this Agreement. 24. INDEMNIFICATION. 24.1. To the fullest extent allowable by law, and subject to any such legal limitations, Owner and Park shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of any Homeowner or Resident or to any of the employees, guests, invitees, permittees or licensees of any Homeowner or Resident, or to any other person whomsoever, caused by any use of the Park or Lot (including any defect in improvements erected thereon) or the failure of any service or amenity, or arising from any other cause whatsoever. As a material part of the consideration of this Agreement, Homeowner hereby waives all claims and demands against Owner and Park, and hereby agrees to indemnify and hold Owner and Park free and harmless from liability for all claims and demands for any such loss, damage or injury, including attorneys' fees, together with all costs and expenses arising therefrom or in connection therewith . Nothing in this Paragraph 24.1 shall have the effect of an agreement by Homeowner to indemnify and hold harmless the Owner or Park for the negligent or willful acts or omissions of the Owner or Park, a breach of this Agreement by the Owner or Park, or a breach of duty owed by the Owner or Park . South Peak LONG-TERM RENTAL AGREEMENT PAGE21 r r 24.2. Homeowner shall, at Homeowner's own expense, defend all actions brought against Owner or Park for which Homeowner is responsible for indemnification hereunder. If Homeowner fails to do so, Owner or Park (at Owner's option, but without being obligated to do so) may, at the expense of Homeowner, defend such actions, and Homeowner shall pay and discharge any and all amounts that arise therefrom. 25. INSURANCE. Owner does not necessarily carry public liability or property damage insurance, to compensate Homeowner, Homeowner's guests or any other person from any loss, damage or injury expect those resulting from prior actions where Owner would be legally liable for such loss, damages or injury. Homeowner agrees to maintain from an admitted insurer (having a rating of at least A-at all times) a homeowner's insurance policy for his/her mobilehome, with general liability coverage ("GLC") and hazard insurance coverage, with insured limits of at least $100,000, listing in the policy the name of the Owner and Owner's Park manager as an "additional interestn for notification purposes. Said policy shall include extended coverage for homeowners, fire and other casualty insurance on the mobilehome, other improvements and contents to the full insurable value and such other insurance as is necessary to protect Homeowner, Homeowner's invitees or others from loss or liability. Owner may during the term of this Agreement make changes in the required insurance coverage or limits as determined by Owner in its reasonable discretion. Homeowner agrees to provide a copy of all insurance policies affecting the Lot to Owner upon ten (10) days' request. Homeowner requests that in the event Homeowner does not provide said insurance, Owner may obtain said insurance meeting the above coverages and bill Homeowner for the insurance as additional rent. Owner shall have no obligation to obtain such insurance. Owner may obtain such policy that protects Owner, but not Homeowner, to satisfy Homeowner's obligation. 26. SUBORDINATION. This Agreement, and any leasehold interest which may be created by it, shall be subordinate to any encumbrance, restriction or declaration of record before or after the date of this Agreement affecting the Park, the Common Areas, recreational facilities or other facilities of the Park, or the Lot rented to Homeowner. Such subordination is effective without any further act of Homeowner; however, Homeowner agrees, upon request by Owner. to promptly execute and deliver any documents or instruments which may be required by any lender or purchaser to effectuate any subordination, including reasonable modifications to this Agreement, provided they do not increase the obligations of Homeowner or materially adversely affect the interests of Homeowner herein. If Homeowner fails to execute and deliver any such documents or instruments, Homeowner hereby irrevocably constitutes and appoints Owner as Homeowner's special attorney-in-fact to execute and deliver any such documents or instruments. 27. ABANDONMENT. During the term of this Agreement or any period of holding over, Homeowner shall not abandon the Lot or the mobilehome located thereon. In the event Homeowner does abandon either the Lot or Homeowner's mobilehome, such action may (at Owner's South Peak LON~ TERM REKTAL AGRIEEMENT PAGE22 (' r sole option) be deemed as Homeowner's election to terminate this Agreement and Owner shall have the rights afforded to Owner under California law to dispose of Homeowner's mobilehome and personal property located on the Lot and within the Park. 28. FIXTURES AND IMPROVEMENTS. All landscaping and structures or other improvements permanently attached to or embedded in the ground at the Lot {collectively, "Fixtures and Improvements"), shall become a part of the realty upon their installation and belong to Owner. Upon Homeowner vacating the Lot, such improvements shall remain upon and be surrendered with the Lot. During the lease term, and at Homeowner's sole cost and expense, Homeowner shall maintain all Fixtures and Improvements on the Lot in good repair and condition. Homeowner shall be solely responsible, at Homeowner's sole cost, for the maintenance, repair, replacement, paving and sealing of said Fixtures and Improvements. Owner shall be responsible, at Owner's sole cost, for the maintenance, repair, replacement, paving, sealing and other costs and expenses related to driveways installed by the Park. Owner may, however, at Owner's sole option, permit Homeowner to remove, at Homeowner's own expense, Owner installed Fixtures and Improvements, provided that such approval, if any, is obtained In advance and is in writing signed by Owner. Homeowner shall repair any damage to the Lot caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the Lot in a neat and uncluttered condition with the Park's original engineered grade intact. 29. EMINENT DOMAIN. 29.1 If the entire Park, or a portion thereof so that, in Owner's sole opinion, the balance remaining is not suitable for a mobilehome park, is taken under the power of eminent domain, or is sold to any authority having the power of eminent domain, either under threat of condemnation or while condemnation proceedings are pending, then this Agreement shall automatically terminate as of the date the condemning authority takes possession. Any award for any taking of all, or any part, of the Park under the power of eminent domain shall be the property of Owner, whether such award shall be made as compensation for diminution in value of the leasehold or for taking of the fee or the taking of any interest Homeowner may have had due to this Agreement or Homeowner's tenancy in the Park. Nothing contained herein, however, shall be deemed to preclude Homeowner from obtaining any award for loss of or damage to Homeowner's removable personal property, or to give Owner any interest in such award. 29.2 In the event that the taking or condemnation of part of the Park does not result in the termination of this Agreement as provided above, then this Agreement shall terminate as to that portion of the Park so taken or condemned and the payments to be made under this Agreement as to that portion of the Park shall be abated and prorated as of the date of possession of the condemning entity. This Agreement shall continue in full force and effect as to that portion of the Park not so taken or condemned. 30. DELAY IN DELIVERY OF POSSESSION. South Peak LONG-TERM RENTAL AGREEMENT r r This Agreement shall not be rendered void or voidable by the inability of Owner to deliver possession of the Lot to Homeowner at the beginning of the lease term, nor shall any inability to deliver render Owner liable to Homeowner for loss or damage suffered thereby. If Owner cannot deliver possession of the Lot, the Rent for the period between the beginning of the term and the time when Owner can actually deliver possession will be abated. 31. JOINT AND SEVERAL LIABILITY. If Homeowner is more than one person, each person shall be jointly and severally liable for the performance of Homeowner's obligations under this Agreement. 32. ENTIRE AGREEMENT. This Agreement and the documents referred to herein constitute the entire Agreement between Homeowner and Owner pertaining to the subject matter contained herein and supersede all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral. 33. FORCE MAJEURE. If the performance by Owner of any of Owner's obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, terrorist acts, pandemic, riot, storm, earthquake, or other natural forces, or by the acts of anyone not party to this Agreement, then Owner shall be excused from any further performance for whatever period of time after the occurrence Is reasonably necessary to remedy the effects of that occurrence. 34. NOTICES. All notices required or permitted under this Agreement must be in writing and may be served upon Owner or Homeowner by any lawful means. Owner, when permitted by law, may serve Homeowner at his or her address in the Park by First Class United States mail, postage prepaid , addressed to the Homeowner at his or her Lot within the Park. Homeowner may serve Owner in the manner prescribed by Section 1162 of the Code of Civil Procedure. Service of legal notices on one Homeowner shall be deemed service on all Homeowners signing this Agreement. 35. TIME OF ESSENCE. Time is of the essence with respect to the performance of every provision of this Agreement. 36. INVALIDITY OF PROVISIONS. 36.1. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, South Peak LO-TERM RENTAL AOIU:1:MeNJ PAGE24 r r terms or provisions of this Agreement shall not be affected thereby, and any such illegal and invalid part, term or provision shall be deemed not to be a part of this Agreement. 36.2. If any of the provisions of this Agreement or the other documents used by the Park fail in any way to be legally enforceable as written, then It Is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the Owner's and Homeowners respective rights, obligations, and prerogatives. Homeowner agrees to promptly notify Owner in writing of any such instance. 36.3. If any term or provision of this Agreement or other document used by the Park shall, on its face or as applied be illegal or unenforceable or claimed by Homeowner to be unenforceable, or illegal, Owner has the right, but not the obligation, to excise or modify any provision herein to the extent, and during the period which, such provision is deemed by any court of competent jurisdiction or claimed by Homeowner to be illegal or unenforceable to reasonably address such claimed or actual illegality or unenforceability. 37. CHOICE OF LAW. This Agreement and all documents referred to in this Agreement shall be construed and enforced in accordance with the laws of the State of California, except for the Arbitration Agreement, if any, signed by Owner and Homeowner, which shall be construed and enforced in accordance with the Federal Arbitration Act. 38. MEGAN,S LAW DISCLOSURE. NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. 39. ALTERNATIVE DISPUTE RESOLUTION. 39.1. Mediation: Owner and Homeowner agree to mediate any and all disputes between them relating to, arising out of, concerning, or connected with, without limitation, this Agreement. the Park's residency documents, the interpretation and enforcement of the Park's residency documents, the Homeowner's leasehold interest or interests at the Park, the Homeowner's Lot or space or spaces at the Park, the Park's Common Areas, services and facilities or the Park's operation and maintenance pursuant to this Agreement. The following matters shall be exempt from mediation: (1) unlawful detainer actions, (2) forcible detainer actions, and (3) rule violation injunctions pursuant to Civil Code section 798.88. 39.1 .1. Mediation fees will be borne equally by the parties . If, for any dispute or claim to which this paragraph applies, any party commences an action (or files a complaint with any governmental entity, including the Department of Housing and Community Development) without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, South Peak LONG-TERM RENTAL AGllcUleNT PAGE25 r r then that party shall not be entitled to recover attorneys' fees, even if they would otherwise be available to that party under this Agreement, In any such event. 39.1.2. To initiate the mediation process, a party must serve a notice of demand for mediation which must provide: (i) a description of the dispute, (ii) facts from which the dispute arises, including witnesses, dates, times, and circumstances, and (iii) a description of the relief or action requested. 39.1.3. Within ten (10) days of serving the notice of demand, the party requesting mediation shall attempt to employ the services of a third person mutually acceptable to the parties to conduct and conclude such mediation within forty-five (45) days of his or her appointment. If the parties are unable to agree on such third person, they will apply to either Judicial Arbitration and Mediation Services ("JAMS") or Judicate West for a list of five mediators from which each side can eliminate two (2) names. If, on completion of the mediation, the parties are unable to agree and resolve the dispute, then the dispute shall be referred to arbitration or trial by reference as provided below. 39.1.4. Within fifteen (15) days of the selection of the mediator, each party will submit a brief setting forth the party's position on the issues that need to be resolved. The mediation will begin within five (5) days following submittal of the memorandums and will be concluded within forty-five (45) days from the beginning of the mediation unless the parties agree to extend the mediation period. The mediation will be held in the county in which the Park is located or another place acceptable to all parties. 39.1.5. Before the mediation proceedings begin, the mediator and all parties to the mediation will execute an agreement to maintain confidentiality of the proceedings, in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution, including court proceedings, arbitration, or reference hearings. Further, the mediation agreement will provide that the expenses of witnesses and consultants for either side will be paid by the party producing the witnesses, and all other expenses of the mediation, including required travel and other expenses of the mediator and the cost of any witnesses or expert advice produced at the mediator's direct request, will be paid equally by the parties unless they agree otherwise. 39.1.6. Owner (through its authorized agent or agents) and Homeowner will attend the mediation sessions in person. Persons other than the parties or the parties' representatives and the mediator may attend the mediation sessions only with the permission of the parties. Confidential information disdosed to a mediator by the parties or by witnesses during the course of the mediation will not be divulged by the mediator. All records, reports, or other documents received by the mediator will be kept confidential. There will be no stenographic or tape recording of the mediation process. 39.2. Arbitration: IF, ON COMPLETION OF SUCH MEDIATION, THE PARTIES ARE UNABLE TO AGREE AND SETTLE THE DISPUTE, THEN HOMEOWNER REQUESTS THAT THE DISPUTE BE RESOLVED BY ARBITRATION AS South Peak LONG-'11:RM RENTAL AGREEMENT PAGE26 r r REFLECTED IN THE SEPARATE ARBITRATION AGREEMENT ATTACHED AS EXHIBIT K OR, IF NONE, BY TRIAL BY REFERENCE AS SET FORTH BELOW. v/4-~~-r Homeowners Initials 39.3. Trial by Reference: Any and all disputes between Owner and Homeowner relating to, arising out of, concerning, or connected with, without limitation, this Agreement, the Park's residency documents, the interpretation and enforcement of the Park's residency documents, the Homeowner's leasehold interest or interests at the Park, the Homeowner's Lot or space or spaces at the Park, the Park's Common Areas, services and facilities or the Park's operation and maintenance pursuant to this Agreement, except those subjected to arbitration pursuant to the signed Arbitration Agreement attached to this Agreement, which fail to be resolved in mediation as proscribed above, shall then be decided by trial by reference pursuant to California Code of Civil Procedure section 638, et seq. Both Owner and Homeowner agree that the court in which any action subject to this provision is filed shall immediately order a trial by reference pursuant to California Code of Civil Procedure section 638(1 ), and that either party may move the court to order the matter to reference pursuant to section 638 once the action is filed. 39.3.1. Owner and Homeowner agree that the referee for the trial by reference shall be a retired judge from Judicial Arbitration and Mediation Services ("JAMS") or Judicate West and that the parties shall select the referee in the manner set forth above regarding selection of a mediator, and further agree that the general reference shall be ordered to the selected referee pursuant to California Code of Civil Procedure section 640. 39.3.2. The plaintiff in any action which is heard by reference pursuant to this section shall pay all fees of the referee, if any, as fixed pursuant to Cal;fomia Code of Civil Procedure section 1023, as well as all related costs, which are necessary to try this matter by reference. Should the plaintiff fail to make any payments in a timely manner, the part ies agree that the entire action shall be dism issed with prejudice for failure to prosecute, either by the referee or upon ex parte application to the court in which the action is filed. Following the trial by reference, the referee shall award to the prevailing party the referee's fees and related costs paid by the prevailing party, if any, which award shall become the order of the court pursuant to California Code of Civil Procedure section 645.1. 39.3.3. Pursuant to California Code of Civil Procedure section 643, the referee must submit a written statement of decision to the court within twenty (20) days after the testimony is closed, after which the court may enter judgment pursuant to California Code of Civil Procedure section 644. 39 .3.4 . Notwithstand ing anything to the contrary contained herein, the parties agree that at any time prior to the last day for the referee to submit a written statement of decision, or fifteen (15) days after service of the written statement of decision on each party, whichever date is later, either party may comply with the statement of decision entirely or in part. In the event that a party South Peak LONG-TERM RENTAL AGREEMENT PAGE'l:7 r r timely complies with the statement of decision entirely or in part, judgment shall not be entered on the statement of decision, or, alternatively, that portion of the statement of decision with which the party complies. Upon compliance with the statement of decision, or any portions thereof, the parties shall request that the court not enter judgment thereon and, to the extent possible, to dismiss the action, or, if judgment has been entered, that the court vacate the judgment or the applicable portion of the judgment. In the event of a non-monetary claim, the party shall be deemed to have complied with the statement of decision, or any applicable portion, if that party timely stipulates to its intent to comply. In the event of a monetary claim, the party shall be deemed to have complied with the statement of decision, or any applicable portion, if the party timely tenders payment to the other party. 39.3.5. Each party specifically retains their right to appeal any decision of the referee, and subsequent judgment of the court, as permitted by law, including but not limited to California Code of Civil Procedure section 645. 39.3.6. In addition to the matters to be arbitrated pursuant to the attached Arbitration Agreement, the following matters shall be exempt from reference: (1) Unlawful Detainer actions; (2) Forcible Detainer actions; and (3) Rule Violation Injunctions per Civil Code section 798.88. 40. DUTY TO REPORT DEFECTS. 40.1. Homeowner shall report any observable defect in the Park's Common Facilities, Common Areas, utility services of the Park, landscaping, or other services and facilities which are to be maintained by Owner. Homeowner shall give such notice in writing to the Park's resident manager by registered U.S. Mail (return receipt requested) within sixty (60) days of Homeowner's discovery of any such defect, so that such conditions may be corrected within a reasonable period of time by the Park. 40.2. Homeowner further agrees that if Homeowner fails to report any such defects in writing by certified mail within sixty (60) days of its discovery, Homeowner is in substantial violation of this Agreement. Should Homeowner fail to report any such defect within six (6) months of its discovery, Homeowner does by signing this Agreement waive and shall be deemed to have waived any damages Homeowner had or has by reason of such unreported defect completely and w~qu~n. Homeowner's Initials 41. RELEASE OF CLAIMS. 41.1. As a material part of the consideration for this Agreement, Homeowner hereby waives, releases and discharges Owner and Park and each and all of Owner's and Park's present and former partners, officers, directors, agents, representatives, employees and attorneys and each and all of Park's and Owner's respective heirs, successors, executors, administrators and assignees of each from and against any and all claims, agreements, contracts, covenants, representations, obligations, losses, liabilities, demands and causes of action which Homeowner may now or hereafter have South Peak LONG-TE1!M REHTALAGREEMENT PAGE28 r or claim to have against Owner or Park, by reason of any matter or thing, whether of a personal or business nature, whatsoever, to and including the date hereof. Homeowner hereby waives any and all rights which Homeowner may have under the provisions of Section 1542 of the Civil Code of the State of California, which section reads as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 41.2. It is understood by Homeowner that, if the facts or law with respect to which the foregoing release as given turn out hereafter to be other than or different from the facts or law in that connection now known to be or believed by Homeowner to be true, then Homeowner expressly assumes the risk of the facts or law turning out to be so different, and agrees that the foregoing release shall be in all respects effective and not subject to termination or rescission for any such difference in facts or law. This provision "RELEASE OF CLAIMS" shall not, and does not, apply to any finding by a court or arbitrator of Owner's or Park's willful violation of the California Mobilehome Residency Law. ~ ~( Homeowner's Initials 42. SUBLEASING AND ASSIGNMENT. Subleasing of the Lot is not permitted except as otherwise set forth in the Park's Rules and Regulations and for the reasons authorized by California ~i~i) ~ode section 798.23 and 298.23.5 unless otherwise prohibited by exlsllng ~ \JV Homeowners Initials 43. INSPECTION OF LOT AND PARK. 43.1. By signing this Agreement. Homeowner acknowledges that Homeowner has carefully inspected the Lot to be leased and all the Park's facilities, has found them to be In good and sanitary order, condition and repair as represented by Park to Homeowner, either orally or in writing, and to the extent that they are not exactly as represented, either orally or in writing, agrees to accept them as they are. 43.2. Homeowner further acknowledges that Park is not a "security" Park, and that Owner is not responsible for any damage or injury in, on or to Ho eowner's Lot, mobilehome, personal property or person. Homeowner understands at Homeowner should maintain Homeowner's own security precautions . Homeowner's Initials SoutllPNk LON(p R1W RENTAL AGREBlEHT PAGE 29 r 44. HOMEOWNER'S RESPONSIBILITY FOR WATER/EARTH MOVEMENT DAMAGE. 44.1. Except to the extent, if any, prohibited by law, Homeowner assumes any and all liability for any loss, injury, or damage to Homeowner, Resident, Homeowners guests, invitees, permittees, or licensees, to Homeowners Lot, to Homeowner's mobilehome, to improvements at or upon Homeowner's Lot (induding, but not limited to, any accessory equipment or storage building), or to Homeowner·s personal property from flow of ground water, surface water and/or flood water, from subsidence, from erosion, from earth movement, or from resultant mud and debris. 44.2. Homeowner hereby agrees to indemnify and hold Park and Owner harmless from any such loss, injury, damage or expense, including, without limitation, reasonable attorneys' fees and expenses of litigation which the Park or Owner may suffer. Homeowner is encouraged to obtain the necessary insurance and to undertake all precautions necessary to stabilize Homeowner's mobilehome and accessory equipment, including, but not limited to, the bracing of Homeowner's mobilehome and obtaining a civil engineer's report respecting Homeowner's use of the Lot. ciJ ✓v Homeowner's Initials 45. HOMEOWNER'$ RESPONSIBILITY FOR LOT GRADE. 45.1. The grade of space is calculated by dividing the distance from the highest elevation on space to the lowest elevation on space by the distance between those two points. A space grading that is perfectly level would have a grade of 0%. A space with an elevation change of 2 feet over a 100-foot distance would have a grade of 2%. 45.2. Homeowner acknowledges and agrees that the Lot's grade and earth adjacent to Lot can and may be greater than 2% and that the Lot and area adjacent to Lot could and may, over time, develop a greater grade than 2%. 45.3 . Homeowner acknowledges and agrees that while there might be a minimum grade required to maintain Lot drainage, there is no maximum grade that Park is required under applicable law to maintain on or adjacent to Lot. 45.4. Homeowner acknowledges and agrees that grade erosion due to, including, without limitation, rain, flooding, irrigation , pipe breaks, animals, wind, temperature change, earthquake, subsidence, earth movements, naturally occurring conditions or acts of God, or adjacent to Lot constitutes a "natural occurrence" over which the Park has not control and for which the Park Is not responsible to maintain, to the fullest extent allowed by law. 45.5. In the event that the grade of the Lot or grade of the area adjacent to Lot increases over time, and to the fullest extent allowed by law, the Homeowner agrees to timely remove any improvements adversely affected by such grade change or make any and all appropriate and required structural changes to such improvements, at Homeowner's sole expense, in order to allow such improvements to remain on the Lot, including, without limitation, re•grading, structural piers and retaining walls. South Peak LONG-TEiu. RENTAL AGREEMENT 45.6. In the event that the Homeowner or any governmental agency including, without limitation, the California Department of Housing and Community Development {"HCD"), or local county or city determines that grading or other work must be performed on Lot, then Homeowner, to the fullest extent allowed by law, agrees to timely remove all improvements from the Lot and the Park, at Homeowner's sole expense, for the Park to accomplish such required grading construction. Homeowner will not be required to pay Rent during such grading construction. After completion of such grading and other construction, should Homeowner determine to return the improvements, including the home, to the Lot, then may do so at Homeowner's sole expense, but only after complying with all then existing Park Rules and Regulations and architectural standards and governmental requirements, including California Title 25 and the Mobilehome Residency Law, as may be required by HCD, county and/or city . 45.7. To the fullest extent allowed by law, the Parties agree that Park is not and will not be responsible for damage to Homeowner's Home and property caused by grade changes on Lot or grade changes on the area adjacent to Lo~ ~ '( Homeowner's Initials 46. THIRD-PARTY RIGHTS. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Homeowner and Owner, any rights or remedies under or by reason of this Agreement. Furthermore, Homeowner agrees that Homeowner is not a third-party beneficiary of any other agreement between Owner and any other Resident of the Park. 47. HEADINGS. The headings of the paragraphs contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of this Agreement. 48. EXECUTION IN COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and a fully executed copy of this Agreement may be used with the same force and effect as an original. The parties agree that signatures may be transmitted or received via facsimile or e~mail. 49. ATTORNEY'S FEES. In any action or proceeding to enforce this Agreement or any provision of th is Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and all other costs incurred. 50. CONSTRUCTION. For purposes of construction, this Agreement shall be deemed to have been South Peak LOIG-TERM RENTAL AGREEMENT PAGE31 r jointly drafted by the respective parties and the rule of construction of contracts that ambiguities are construed against the drafting party shall not be applied against any party. The Parties hereby waive the provisions of California Civil Code Section 1654. 51. ACKNOWLEDGMENTS. 51.1. Homeowner represents and acknowledges that this Agreement is being entered into between Owner and Homeowner for the personal and actual residence of Homeowner. Homeowners Initials 51.2. Homeowner understands, agrees, and acknowledges that Homeowner is acquiring a leasehold for a limited period of time and is purchasing (or has purchased) only the mobilehome which occupies the Lot. Ownership of the mobilehome Lot remains with Owner. The price, appraisal, or stated value of the mobilehome, may reflect not only the mobilehome's value, but its ''site" value; that being the willingness of a lender to finance or a purchaser to pay a larger amount for the mobilehome by virtue of its location in this Park. In other words, the mobilehome may be worth substantially less off the Homeowners Lot than on the Homeowners Lot. Homeowner understands that Homeowner is not entitled to receive any value for Owner's property, or to receive any value by virtue of having a mobilehome located at the Park or on the Lot. -f.Jv}v~ Homeowner's Initials 51.3. Notwithstanding anything set forth herein to the contrary, in the event that Owner elects to subdivide the Park to provide for the conversion to a subdivision, cooperative or condominium, Homeowner agrees that Homeowner shall execute a petition indicating Homeowner's support for conversion of the Park to resident ownership in accordance with Government Code §§ 6641 0 and 66428 .1, et seq., as such statutes may be amended from time to time. Homeowner's Initials 51.4. If this Agreement is being provided pursuant to California Civil Code section 798 .75(a), then upon execution by parties to this Agreement, any tenancy created thereby, shall be null and void, and of no force and effect, unless and until: (1) seventy-two (72) hours have elapsed after Homeowner and Owner have executed this Agreement and no rescission right was exercised; (2) escrow is closed within fourteen (14) days of execution of this Agreement by both Parties; (3) at least one (1) person executing this Agreement as "Homeowner" is the registered owner of the mobilehome on the Lot; (4) Homeowner assumes physical occupancy of the mobilehome on the Lot within thirty (30) days of the execution of this Agreement; and (5) H_omrner provides Owner with proof of tifle transfer. ~ V Homeowners Initials South Peak LONG-TERM IU!NTAL AGREEMENT PAGE32 r r 51.5. If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges that Homeowner provided Owner an application for residency. Homeowner represents and understands that such application is true and correct and that any material misrepresentation or omission by Homeowner on the application may at the sole election of Owner, result in the termination of this Agreement and the tenancy created hereunder. jJI ✓v Homeowner's Initials 51.6. ACKNOWLEDGMENT OF HOMEOWNER'S INVESTIGATION. Homeowner warrants that he/she has read this Agreement and does not rely upon anything said or done by Owner or management in deciding to enter into and execute this Agreement beyond what is represented in this Agreement. Homeowner represents that he/she is a sophisticated renter with respect to this Agreement and possesses equal bargaining power with Owner. Homeowner represents that he/she has made all investigations necessary before executing this Agreement. This Agreement is the product of arm's length negotiations between sophisticated~ ( Homeowners Initials 51.7. If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges receipt from Park Management of a Mobilehome Park Rental Agreement Disclosure Form (pursuant to California Civil Code§ 798.75.5}, and Homeowner further acknowledges that Homeowner received the Mobilehome Park Rental Agreement Disclosure Form at least three (3) days prior to execution of this Agreement. Homeowner's Initials 51 .8. ACKNOWLEDGEMENT OF PARK'S RIGHT TO OFFER DIFFERENT LEASES TO DIFFERENT RESIDENTS. Homeowner acknowledges that the Park has and will continue to offer different leases on different terms with different starting rental rates. Homeowner acknowledges that such practice is lawful, fair and reasonable under the applicable statutory and case law, including the Mobilehome Residency Law. cjy ~v Homeowner's Initials 51.9. Homeowner acknowledges that Homeowner has had the o portunity to read this Agreement and consult independent counsel regar ·ng this Agre ment. Homeowner's Initials 51.10. Any claim , demand, right or defense of any kind by Homeowner which is South Peak LON~ TElll1 RENTAL AGREEMENT PAGE33 r r based upon or arises in connection with this Agreement or the negotiations prior to its execution, shall be barred unless Homeowner commences a lawsuit or other form of alternative dispute resolution thereon, or interposes in a legal proceeding a defense by reason thereof, within one (1) year as may be extended by Civil Code § 798.84, after the date of the inaction or omission or the date of the occurrence of the event or of the action to which the claim, demand, right or defense relates, whichever applies. k trcV' Homeowner's Initials 51.11. Homeowner agrees and acknowledges that Owner has the right to adjust the lot lines of Homeowner's Lot. Upon a request of Owner to adjust a lot line, Homeowner agrees and consents to such adjustment and agrees to execute any documents required by the California Department of Housing and Community Development or other governmental agency with jurisdiction to adjust such lot line. To the extent that such adjustment decreases the size of the Lot, Owner shall proportionately decrease Base Rent for the Lot. Should a lot line adjustment require that Homeowner relocate Homeowner's mobilehome and accessory equipment, Homeowner further agrees and acknowledges that Owner shall pay the expense to relocate Homeowner's mobilehome and accessory equipment to another suitable Lot in the Park to the extent necessary to bring the mobilehome and accessory equipment in the new Lot into compliance with applicable setback ru~ \j V Homeowner's Initials IN WITNESS WHEREOF, Owner and Homeowner have executed this Agreement as of the day and year written below, further acknowledging and agreeing that all blank spaces have been completely filled in prior to such execution. South Peak MHP Authorized Agent HOMEOWNER Dated: I· f O '"'2--_7 __ .;.__.;.__ _____ _ South Peak LONG-TERM lll!NTAL AGREl!MENT PAGE34 HOMEOWNER Dated: ~ • \ 3-Z :3 --------:¾.Q~-. Va.w~~ /r--- Clearly print name: VO..""-S~{:,, V~)._,,.. South Peale LONG-TERM Rl!NTAL AGKl:l!MENT PAGE35 r ACKNOWLEDGMENT AND Agreement BY RESIDENT AND/OR ADDITIONAL OCCUPANT: The persons signing below hereby acknowledge and agree to the following: 1. That they are not a "Homeowner" as defined by the Mobilehome Residency Law and this Agreement. 2. That they are bound by the Park's Rules and Regulations and all other obligations pursuant to this Agreement (except for the obligation for payment of rent). 3. That they have no rights of tenancy pursuant to the Mobilehome Residency Law. RESIDENT/ ADDITIONAL OCCUPANT Dated: ~ Clearly print name: {.;lJk \}~ RESIDENT/ ADDITIONAL OCCUPANT Dated: Clearlyprintname: V~~ V~-v--' South Peak LONG-TERM RENTAL AGREEMENT PAGE36 EXHIBIT B I I THIS VALIDATED REGISTRATION CARD OR A FACSIMILE COPY IS TO BE KEPT WITH THE VEHICLE FOR WHICH IT IS ISSUED. THIS REQUIREMENT DOES NOT APPLY WHEN THE VEHICLE IS LEFT UNATTENDED. I T NEED NOT BE DISPLAYED. PRESENT IT TO ANY PEAC OFFICER UPON DEMAND. IF YOU DO NOT RECEIVE A RENEWAL NOTICE, USE THIS FORM TO PAY YOUR RENEWAL FEES OR NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THE PLANNED NON -OPERATIONAL STATUS (PNO) OF A STORED VEHICLE. RENEWAL FEES MUST BE PAID ON OR BEFORE THE REGISTRATION EXPIRATION DATE OR PENALTIES WILL BE DUE PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 9552 -9554. NOTE: TRAILER COACHES MUST BE REGISTERED AND ARE NOT ELIGIBLE FOR FILING A STATUS OF PLANNED NO~NC0PERAT_f 0N~. ""'. /2 ;(,,/ \'.11Rex,. -~·· /h.V. \ • ,,s, EVIDENCE OF LIABILITY INSURAAJCE FROM XQ._UR tN~Ur:CE COMPANY MUST BE PROVIDED TO THE DEPARTMENT WITH THE fA~_J'<.,.{2f~REN~A.._!i,~ EES. EVIDENCE OF LIABILITY INSURANCE IS NOT REQUIRED W~T~~EGIS!R;ATipN M~ EWAL OF OFF-HIGHWAY VEHICLES, TRAILERS, VESSELS, OR IF YOU;FILE~As PNO 0~ ~JtvEHICLE. ' -~9 !,-,' WHEN WRITING TO DMV, ALWAYS ~\~E,Y9.PR ~q¼~ ~~E, PRESENT ADDRESS, AND THE VEHICLE MAKE, LICENSE, AND IDENTIF~CAT ION~BERS. ~ ************** DO NOT DETACH -REGISTERED OWNER INFORMATION ************** TA1l R I 'J ~ r fl'ARTl'(MMF AINOR VEl«'llS A Public $ervfr~P, f1n,:,n,..., REGISTRATION CARD VALID FROM: 04/14/2018 TO: 04/30/2019 MAKE YR MODE L YR 1 S T SOLO CHA 2018 2018 BODY T YPE MODEL MP MO CCH ZS 'l"YPE VE'.HICLE USE DATE ISSUED TRAILER 05/03/18 REGISTERED OWN ER 145 SOUTHSLO LLC 14 5 SOUTH ST ;ttAW SN LUIS OBISP CA 93401 U~OLDER VLF CLASS TYPE VEH NN 41T CC/A LCO D'l' FEE RECVD PIC 40 05 /03 /18 5 AMOUNT DUE: AMOUNT RECVD $ 564.00 CASH JJ .,-.. ·-., OHCK CRDT TY PE L I C LZC'£NSE NUMB E R 40 VEHICLE I D NUMBER STI CKER ISSUED K5446517 AMOUNT PA I D $ 564.00 AOl 691 C4 0056400 0042 CB A01 050318 40 1MP2076 28~ EXHIBIT C \ " Home Purchase Agreement I. PARTIES-[please print] California MHP Investors 3, LLC (Seller) agrees to sell and convey to ....:::L=i=n=d=a=V:::::::::a:::le=n=t=in=e================ (Purchaser). And Purchaser agrees To buy from Seller the Property described below. II. PROPERTY [insert description of the home and address where home is currently located]: Year: 20 18 Width: 11 '5" Length: 36'9" ------- Make: champion Model: ------- Serial Number: C t Add 145 South st #A28 San Luis Obispo CA 93401 urren ress: ____________ _ Legal Description of Land if being included in Loan: _N_A _________ _ Ill. PURCHASE PRICE The Parties agree that the total purchase price is$ 95000 (plus all applicable sales "f ) S I TB D O h Buyer to pay title/OMV fees Th I h . tax, 1 any . a es Tax_______ t er _______ . e tota pure ase price includes a deposit in the amount of$ 2000 [enter N/A if no deposit will be or has been paid by the Purchaser]. IV. MISCELLANEOUS Seller Seller (a) Financial Contingency-loan to be obtained. This agreement is conditional upon Ability to obtain a loan to purchase the Property. (b) Seller warrants that he/she/it is conveying title to the home and land, if applicable, Free and Clear of all liens and encumbrances. Date Buyer Date Date Buyer Date EXHIBIT D From:Evan Harris To:Melissa Lawley; Judy Tsai; Jessica Lu Subject:Re: [EXTERNAL] South Peak v. Valentine Date:Friday, June 6, 2025 11:31:47 AM Attachments:image011.png image012.png image013.png image014.png image015.png image016.png image017.png image018.png image019.png image020.png image021.png C2_signature_emailicon_cbc16b56-c262-4479-9590-e45ab4d75d7b.png C2_signature_phoneicon_3b12312a-dcc3-402a-a853-7995b39ad260.png Hello Melissa, Ms. Valentine has officially vacated the unit. The unit is now unoccupied, and all of her belongings have been removed. Please mail the check at your earliest convenience. Additionally, I want to inform you that Ms. Valentine plans to hire a contractor to repaint the interior. As she retains ownership and access to the property, this project should proceed smoothly. Best, Evan Harris (he/him) | Staff AttorneyCalifornia Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that anydissemination, distribution, or copying of this communication is strictly forbidden. If you have received thiscommunication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Friday, June 6, 2025 8:47 AM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Thank you Thank you, Melissa Lawley Senior Regional Manager logo 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 EXHIBIT E May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney EXHIBIT F From:Jason Dilday To:Sadie Symens Cc:Matt Davies Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Date:Thursday, June 19, 2025 3:25:00 PM Attachments:Space A28.pdf Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote:  Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> 78 From:Armas, Sara Sent:Friday, September 19, 2025 8:17 AM To:Wooten, Eric; Colunga-Lopez, Andrea Subject:RE: PRR25301 Dewalt – South Peak Mobile Home Got it! Will send out this morning. From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, September 18, 2025 6:02 PM To: Armas, Sara <SArmas@slocity.org>; Colunga-Lopez, Andrea <AColunga@slocity.org> Subject: PRR25301 Dewalt – South Peak Mobile Home This one is done. Here’s the production language. Let me know if you have any questions. This production was reviewed by Eric Wooten, City Paralegal. The City considers this request closed at this time. Responsive documents can be found here: https://opengov.slocity.org/WebLink/Browse.aspx?id=214420&dbid=0&repo=CityClerk Cell phone numbers and partial credit card numbers were redacted under Government Code Section 7922.000, as the public interest in nondisclosure clearly outweighs the public interest in disclosure. Preliminary drafts were withheld from production pursuant to Government Code § 7927.500. Please note that there is no hearing for this citation appeal at the request of the entity cited. However, the matter will be decided by a hearing officer no sooner than September 29, 2025. Please be advised that every effort has been made to search for all records which may fall within the scope of your records request, and, as such, we believe our search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your request, please notify us, and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to California Govt. Code §7921.000 et seq. Eric Wooten Paralegal City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E ewooten@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 79 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. 81 From:Zion, Sarah Sent:Thursday, September 18, 2025 11:46 AM To:Wooten, Eric Subject:RE: 9/15/25 PRA Request Very strange, glad it got worked out though! From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, September 18, 2025 11:44 AM To: Zion, Sarah <SZion@slocity.org> Subject: RE: 9/15/25 PRA Request I figured it out – path was too long for a link to work! From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 18, 2025 11:37 AM To: Wooten, Eric <ewooten@slocity.org> Subject: RE: 9/15/25 PRA Request Hmmm, I copied the link that would let anyone in the City with the link access it. Here it is with it specifically being shared with you: 00040264 If this doesn’t work, you should be able to navigate to it in our folders: From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, September 18, 2025 11:34 AM To: Zion, Sarah <SZion@slocity.org> Subject: RE: 9/15/25 PRA Request It does the same thing. It starts to open sharepoint, but then switches to a blank screen. Maybe I need to be added to the folder? My access to the general Attorney Sharepoint is working. From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, September 18, 2025 11:32 AM To: Wooten, Eric <ewooten@slocity.org> Subject: RE: 9/15/25 PRA Request Try this link, let me know if it works! 00040264 From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, September 18, 2025 11:30 AM To: Zion, Sarah <SZion@slocity.org> Subject: RE: 9/15/25 PRA Request Sarah – just turning to this. I click the link, but it goes to a blank screen after jumping to Sharepoint. Could you send me a new link? 82 Thanks! From: Zion, Sarah <SZion@slocity.org> Sent: Monday, September 15, 2025 4:31 PM To: Wooten, Eric <ewooten@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: FW: 9/15/25 PRA Request Eric- here is a link to the appeal folder: 00040264 From: Zion, Sarah Sent: Monday, September 15, 2025 4:28 PM To: ddewalt56@gmail.com; CityClerk <CityClerk@slocity.org> Cc: Wooten, Eric <ewooten@slocity.org> Subject: 9/15/25 PRA Request Good afternoon, I am following up on our phone call earlier today. To confirm your request; you would like a copy of the administrative citation issued to South Peak Mobile Home Park and the subsequent appeal submitted by Harmony Community. Under the California Public Records Act, these documents will be reviewed for any necessary redactions. The City Clerk’s Office, copied above, will follow up with you on next steps. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 83 From:Armas, Sara Sent:Tuesday, September 16, 2025 8:02 AM To:Zion, Sarah Cc:Wooten, Eric; CityClerk Subject:RE: 9/15/25 PRA Request Morning Sarah & Eric, We’ve logged this as PRR25301 Dewalt – South Peak Mobile Home Park Citation. Let us know if you need anything else from us! Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: Zion, Sarah <SZion@slocity.org> Sent: Monday, September 15, 2025 4:28 PM To: ddewalt56@gmail.com; CityClerk <CityClerk@slocity.org> Cc: Wooten, Eric <ewooten@slocity.org> Subject: 9/15/25 PRA Request Good afternoon, I am following up on our phone call earlier today. To confirm your request; you would like a copy of the administrative citation issued to South Peak Mobile Home Park and the subsequent appeal submitted by Harmony Community. Under the California Public Records Act, these documents will be reviewed for any necessary redactions. The City Clerk’s Office, copied above, will follow up with you on next steps. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 84 E szion@slocity.org T 805.783.7856 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. 85 From:Zion, Sarah Sent:Monday, September 15, 2025 4:31 PM To:Wooten, Eric Cc:Symens, Sadie Subject:FW: 9/15/25 PRA Request Eric- here is a link to the appeal folder: 00040264 From: Zion, Sarah Sent: Monday, September 15, 2025 4:28 PM To: CityClerk <CityClerk@slocity.org> Cc: Wooten, Eric <ewooten@slocity.org> Subject: 9/15/25 PRA Request Good afternoon, I am following up on our phone call earlier today. To confirm your request; you would like a copy of the administrative citation issued to South Peak Mobile Home Park and the subsequent appeal submitted by Harmony Community. Under the California Public Records Act, these documents will be reviewed for any necessary redactions. The City Clerk’s Office, copied above, will follow up with you on next steps. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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 86 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. 88 From:Evan Harris <eharris@crla.org> Sent:Monday, September 15, 2025 11:15 AM To:Symens, Sadie; Holcomb, Kelly Cc:Zion, Sarah Subject:Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Understood, thank you very much. Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, September 15, 2025 11:11 AM To: Evan Harris <eharris@crla.org>; Holcomb, Kelly <kholcomb@slocity.org> Cc: Zion, Sarah <SZion@slocity.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Evan, Generally, yes, administrative appeal hearings are open to the public, but South Peak did not request a hearing so the decision will be made “on paper.” Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 89 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: Evan Harris <eharris@crla.org> Sent: Monday, September 15, 2025 11:08 AM To: Holcomb, Kelly <kholcomb@slocity.org> Cc: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Ms. Holcomb, Thank you very much. Are these hearings open to the public? If so, how might I attend? Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Holcomb, Kelly <kholcomb@slocity.org> Sent: Friday, September 12, 2025 11:53 AM To: Evan Harris <eharris@crla.org> Cc: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Mr. Harris, As Sadie is out of the office this week, I’ll quickly let you know that the administrative citation you refer to was appealed and the hearing officer review has been scheduled to take place on or after September 29, 2025. Sarah from our office, who coordinates the appeals process, has been copied on this reply if you have any further questions. Kelly Holcomb Senior Legal Analyst E kholcomb@slocity.org T 805.781.7060 From: Evan Harris <eharris@crla.org> Sent: Thursday, September 11, 2025 9:53 AM You don't often get email from kholcomb@slocity.org. Learn why this is important 90 To: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, I understand that the City issued Harmony Communities an administrative citation on July 23 for violating SLOMC § 5.44.060(C). Do you know if Harmony has appealed this citation, and if so, whether a hearing date has been set? Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Evan Harris <eharris@crla.org> Sent: Wednesday, July 16, 2025 5:08 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Thank you for the clear update and timeline—it’s very helpful. Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 16, 2025 4:41 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Evan, As Code Enforcement proceeds with administrative enforcement, I wanted to clarify with you the timelines for this process. Once an administrative citation is issued, the cited party has ten days to file an appeal. The appeal must be 91 heard within 60 days, and we are currently scheduling those hearings in September for appeals filed now. If the appeal is overturned (and the citation is upheld), the cited party may seek judicial review by trial de novo (must be filed within 20 days of the appeal decision) or by writ (must be filed within 90 days of the appeal decision.) Either of those proceedings could take months or longer. All that to say, if Harmony Communities exhausts these available procedures, it seems unlikely that this administrative enforcement matter will be resolved by November 30 th. Please let me know if you have any questions about this. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Evan Harris <eharris@crla.org> Sent: Wednesday, July 2, 2025 10:50 AM To: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie and Rami, Thank you for issuing the attached violation notice to South Peaks MHP. The notice directs South Peaks to present the “Information for Prospective Homeowners” form to the City of San Luis Obispo with the adjusted monthly rent increase of no more than ten percent. It also states that failure to correct the violation(s) will result in an Administrative Citation and fines under SLOMC Chapter 1.24, and that continued noncompliance may subject the park to additional civil or criminal enforcement. However, I did not see a specific deadline in the notice for when South Peaks must complete this corrective action. Can you clarify how much time the park has before fines or further enforcement steps will be taken? 92 Unfortunately, park management does not appear willing to comply voluntarily. Yesterday, Melissa Lawley, Senior Regional Manager of Harmony Communities, told Ms. Valentine over email (attached) there was “nothing to correct” after Ms. Valentine requested that the space rent amount be revised and the new owner paperwork be resent. Please let me know when the City intends to escalate enforcement in line with the notice. Thank you again for your continued support on this matter. Best, Evan Harris (he/him) | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, June 19, 2025 3:36 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello all, I received the below from Harmony Communities regarding Ms. Valentine’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. Valentine’s residence is not subject to the Ordinance. Can you please provide a response to the statements I have highlighted below so that my office can evaluate next steps? Thank you very much. In addition, could you please clarify when Ms. Valentine’s tenancy was terminated? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 93 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria . Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite 94 further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office 95 E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. 96 Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 97 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). 98 To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 99 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. <Letter to South Peak Mobile Home Park 053025.pdf> 126 From:Symens, Sadie Sent:Monday, September 15, 2025 8:06 AM To:Kenneth Jorgensen Subject:RE: Mobile Home rent control, Harmony Hello Kenneth, We have not received any other complaints from other residents. Our Community Development Department has issued an administrative citation to the owners of South Peak Mobile Home Park for raising the space rent upon sale in violation of SLOMC 5.44.060(C), as to one space within the park. That citation has been appealed, and the appeal is set to be heard on September 29th. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent: Wednesday, September 10, 2025 2:54 PM To: Symens, Sadie <ssymens@slocity.org> Subject: Mobile Home rent control, Harmony Hi Sadie, I have received a couple more complaints from residents contending that Harmony is raising base rents when owners are in escrow, trying to sell their units to a new prospective tenant in the park. Are there any updates 127 you can share with me regarding complaints the City has received from other residents? My direct line is I will be working from my desk for the remainder of the day if you are available for a call. Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us 148 From:Zion, Sarah Sent:Thursday, September 4, 2025 1:18 PM To:Symens, Sadie; Salem, Rami; Mezzapesa, John Cc:Belghoul, Amel Subject:South Peak Mobile Home Park Appeal Notice of Review Attachments:20250904_Notice-Review_Davies.pdf Hello all, The notice of review for the South Peak Mobile Home Park appeal, 00040264, has been sent to the appellant, and is attached. There is no in-person hearing, as that’s what the appellant selected, but review is set to be completed starting September 29, 2025. The hearing officer has 10 business days after this date to issue his decision, I will send it over once we have it. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org September 4, 2025 Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Via First Class Mail and Email to: matt@harmonycom.com Re: Notice of Hearing Officer Review Administrative Citation #ADM 00040264 To Village Properties LLC a CA LLC/Harmony Community: On July 31, 2025, the City of San Luis Obispo received your appeal of the administrative citation referenced above. 1.In your appeal, you elected to forgo your rightful hearing before a hearing officer in favor of that hearing officer’s review of your appeal on the record. This review will take place no sooner than Monday, September 29, 2025. Written evidence must be submitted at least 10 days prior to the hearing date to the hearing officer. 2.Hearing Officer or Board. The hearing officer assigned to your appeal is Alex Karlin. 3.Addresses for Communication, Notices, or Requests. Any communications, notices, or requests to the hearing officer shall be addressed as follows: Hearing Officer Alex Karlin c/o City Attorney’s Office 990 Palm Street San Luis Obispo, CA 93401 Email: city_attorney@slocity.org Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Timmi Tway, Community Development Director c/o John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. Notice of Hearing Officer Review Page 1 Notice of Hearing Officer Review Page 2 If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided, and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. Please call (805)781-7140 or write to city_attorney@slocity.org should you have any questions. Sincerely, Sarah Zion Legal Assistant City Attorney’s Office Enc: Administrative Record Declaration of Service and Posting of Notice SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 CASE NO.: Code-000160-2025 Notice of Violation: 1st notice of violation Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 06 day of 24, 2025, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 06/24/2025 @ 10:00 AM (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 06/24/2025 @ 02:00 PM (Print Name) (Signature) (Time/date) City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org DIRECTOR’S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION July 10, 2025 Matthew Davies 6653 Embarcadero Drive, Suite C Stockton, CA 95219 Subject Address: 145 South Street San Luis Obispo, CA 93401 APN: 004-802-020 Action Reviewed: SLOMC § 5.44.060 (C) Case #: CODE-000160-2025 Date of Notice: June 24, 2025 Date of Request for Director’s Review: June 26, 2025 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director or designee shall review all contested notices to correct and/or notices of violation. The Director’s designee has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING The request concerning SLOMC § 5.44.060(C) regarding allowable rent increases within a mobile home park has been denied and the action reviewed is UPHELD. I have reviewed your concern regarding the phrase “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” found in San Luis Obispo Municipal Code section 5.44.060 (C). This phrase refers to the occasion in which a mobile home is removed from the space, the space is vacant ('vacation of the space’), and the new unit that moves into the vacant space is owned by a new owner. The change in ownership relevant to the circumstances in this case is described in an earlier part of the same section: 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. This portion contemplates the circumstances present in this case, in which, according to the information in the City’s possession, the existing mobile home is being sold to remain in the rented space. Regarding your claim that the unit in question is an RV and not a mobile home; it has been determined that the unit is a mobile home subject to the protections of Chapter 5.44. While the term “mobile home” is not defined in the cited ordinance, Section 5.44 of the San Luis Obispo Municipal Code applies to “space rent,” which relates to the “use and occupancy of a mobile home space in a mobile home park.” South Peak Mobile Home Park is a mobile home park, and nothing in the ordinance excludes the subject unit from the ordinance. The factors identified in the Purpose and Intent section of the ordinance, including 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, and landscaping and site preparation, appear to apply to this unit. Additionally, evidence in the City’s possession (references to the Mobilehome Residency Law in the Information for Prospective Homeowners document prepared by South Peak Mobile Home Park) indicates that South Peak Mobile Home Park treats and acknowledges the unit occupying Space A28 as a mobile home. Regarding your assertion that an exemption applies the circumstances of this scenario; The exemption described in SLOMC 5.44.030(E) applies to rent increases defined within a year-long (at minimum) lease or contract agreed to by both parties. The exemption means that during the term of such a lease, the rent stabilization provisions of Chapter 5.44 do not apply. The lease terms for Ms. Valentine’s space A28 tenancy have no bearing on the restriction regarding increase of the space rent that occurs outside of the lease term and during a change in ownership of the mobile home that has not been removed from the rented space. Your assertion that “pursuant to Cal. Civ. Code section 798.73, the Park may require the removal of an RV upon sale” does not appear to be a statement contesting the NOV issued for an unlawful space rent increase and has therefore not been evaluated as part of this director’s review. Please take action to correct the code violation(s) IMMEDIATELY as described in the Notice of Violation issued on June 24, 2025 or through an applicable approval process as allowed per the municipal code. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above-stated Codes within the next twelve months may result in the immediate issuance of additional, including daily accruing, Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director’s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, John Mezzapesa Interim Deputy Building Official Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 06/24/2025 Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 APN: 004-802-020 Code Case #: CODE-000160-2025 Dear Property Owner, On June 20, 2025, City of San Luis Obispo Community Development Department staff Observed the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Base Space Rent – Determination – Allowable Increases Without Hearing (SLOMC 5.44.060 (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 increases 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 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.” Corrective Action: 1. Present evidence (Information for Prospective Homeowners) form with the adjusted monthly rent of up to ten percent and not more than ten percent, to the city of San Luis Obispo. We request that you voluntarily take action to correct the above noted violation(s) IMMEDIATELY. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney INVOICE (00040264) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE VILLAGE PROPERTIES LLC A CA LLC 145 SOUTH St 7 SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00040264 07/23/2025 08/22/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000160-2025 CE 1st Admin Citation $100.00 $100.00 SUBTOTAL145 South St A28 San Luis Obispo, CA 93401 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_2_Remit_To Address Line 2 Address Line 3 Address Line 4 Page 1 of 1July 23, 2025 City of San Luis Obispo Citation No.: 00040264 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 145 SOUTH ST UNIT: A28 SAN LUIS OBISPO, CA 93401 DATE OF VIOLATION: 06/20/2025 NAME: VILLAGE PROPERTIES LLC A CA LLC / HARMONY COMMUNITY ADDRESS: 6653 EMBARCADERO DR. SUITE C STOCKTON, CA 95219 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 5.44.060(C) Base Space Rent – Determination Allowable Increases Without Hearing $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000160-2025 DATE CITATION ISSUED: 07/23/2025 From:Matt Davies To:Salem, Rami Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:Re: City of San Luis Obispo Director"s Decision: 145 South Street Date:Monday, July 28, 2025 3:22:37 PM Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:20 PM, Salem, Rami <RSalem@slocity.org> wrote: Not a problem at all! A hard copy has been certified mailed specifically to that address last Thursday. If it hasn’t gotten there by now, hopefully it gets there today or tomorrow. Let me know if you have any questions. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 3:14:45 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street We are the property manager. My address is below. A copy to us is greatly appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:08 PM, Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote:  Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property: SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614 CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE- 000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23- 2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23- 2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24- 2025.pdf> Meeting Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Met with Supervisor JM, Director TT, and City attorney SS. Discussed the SLO Rent Stabilization ordinance. Discussed the rent increase by 108% for the lot. Discussed the time parameters. Inspection Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Supervisor JM and I went out to the MHP and visually inspected unit A28. Notice of Violation Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Created this code Case and generated a notice of violation. Correspondence Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Spoke with the MHP manager on site (Roxanne Jackobsen (310)751-4567 / southpeakmhp@gmail.com / 145 South Street) via phone. I informed her of the case, exchanged contact information. She informed me that she will inform the property management company (Harmony Communities / 6653 Embarcadero Dr. Suite C, Stockton CA 95219) of the case and get back to me. Correspondence Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Deputy city attorney SS sent a letter to Harmony Communities. View file attachment in the case files. Appeal to Director Activity Name 6/26/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Request for Director's Review received 6/26/2025 Appeal to Director Activity Name 7/10/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Director's Decision delivered via first class mail to appellant and PO on record. Decision was also sent to appellant via email. 1st Admin Cite Activity Name 07/23/2025 Created On 07/29/2025 Created By Salem, Rami Activity Comments Certified mailed the 1st Administrative Citation to the property management/owner of the MHP Att: Matthew Davies. Declaration of Service and Posting of Notice SUBJECT ADDRESS: 145 South St Unit: A28, San Luis Obispo, CA 93401 CASE NO.:CODE-000160-2025 Citation No.: 00040264 Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of 07, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 12:00 PM on 07/23/2025 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 02:00 PM on 07/23/2025 (Print Name) (Signature) (Time/date) City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org July 30, 2025 Matthew Davies 6653 Embarcadero Drive, Suite C Stockton, CA 95219 Via: Email to: matt@harmonycom.com Re: Request to Appeal Administrative Citation #00040264 Dear Matthew Davies: On July 29, 2025, the City of San Luis Obispo received your request to appeal the above referenced Administrative Citation. This request was incomplete and is therefore rejected. The reason(s) for this rejection include, but are not necessarily limited to: The cited party is incorrect; our records indicate that the cited party was “VILLAGE PROPERTIES LLC A CA LLC/HARMONY COMMUNITY.” Additionally, our records do not indicate that the appellant identified in Item 2 was cited as a tenant being held financially responsible for landlord citation. Finally, you have not paid the appropriate appeal fee. To calculate the appeal fee, please use the worksheet on the appeal form and the citation amount referenced below. Based on the information you provided, the fine for the citation referenced above is: $100 In July 2024, the City Council adopted an updated fee schedule which went into effect October 1, 2024. The updated fee schedule includes a fee to appeal an administrative citation to a Hearing Officer. The Administrative Citation Appeal Form was updated to reflect this, and a blank copy of the updated form is being enclosed with this notice. If you choose to do so, within ten (10) days of the date of this letter, the City Clerk’s Office must receive a written appeal that complies with the requirements of Chapter 1.24 of the City of San Luis Obispo Municipal Code, which governs administrative citations and appeals (specifically, Section 1.24.100(C) Contents of Appeal), and the current City Fee Schedule. If no compliant request to appeal is timely received, this appeal will be deemed abandoned and payment of the related fines will be due. The Municipal Code is available on the City’s website, www.slocity.org or by contacting the City Clerk’s Office. For your convenience, a form has been enclosed to capture the necessary information. If you have any questions, please contact me at (805) 781-7140 or city_attorney@slocity.org. Sincerely, Sarah Zion Legal Assistant, City of San Luis Obispo Enclosures: 1. Copy of received Appeal Form 2. Blank Appeal Form Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Administrative Citation Appeal Form Form must be received by the City Clerk within 10 days of date of citation to be considered timely filed. If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.100(A). Revised and Published: 10/1/2024 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Address of Citation: 1 Date of Citation: ADM or Other Cite Number: Municipal Code Section(s) Cited: Municipal Code Section(s) Appealed: 2 Appellant Name(s): Appellant Mailing Address(es): Appellant Phone(s): Appellant email address(es): 3 If applicable Business Name: Business License # 4 Appellant Cited As: Mark only one _____ Individual or Business _____ Owner of property or building _____ Tenant being held financially responsible for landlord citation 5 Reason for appeal. Attach additional pages as necessary. 6 Election of Appeal Process. Choose One. Election is final. 7 Appeal Fee. (calculate using worksheet on back): $ _____________ _____ Construction Board of Appeals Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. _____ Administrative Review Board _____ Hearing Officer Office Use Only Staff initial for collection of fee _____ Date received ____________ 8 In-person Hearing. I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten (10) days in advance of the day of review and that I will receive written notice of when that day of review will be. Confirm decision to decline in-person hearing by initialing here: _______ 9 If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: 10 Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this appeal form was executed on: ________________________________ ______________ ______________________________, California Signature of Appellant or Representative Date of Signature Place of Signature 11 Representative. If applicable, Legal counsel or agent of Appellant Name and Capacity: Address: Phone: Email address: Page 2 Administrative Citation Appeal Form Instructions Questions about this form or the appeal process should be directed to the City Attorney’s Office Email: City_Attorney@slocity.org, Phone: (805)781-7140 1. Citation Details: Describe the administrative citation received (that you are appealing) with as much detail as possible. The specific information required by the Municipal Code is listed in the form, but any identifying information you provide will assist staff to quickly complete the initial intake processing of your request to appeal. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(a-b). 2. Appellant Details: Whether cited as an individual, business owner, property/building owner, or are being held financially responsible as a tenant for a citation issued to your landlord, all contact information you wish to provide to the City should be entered here. If there is more than one appellant, attach additional pages and provide the contact information for every appellant. San Luis Obispo Municipal Code Section 1.24.100(C)(1). 3. Citation Issued to a Business: For an appeal of a citation issued directly to a business (e.g. failure to timely renew a business license), please provide the additional information in part 3 of this form. The Business Name and License number should be on the renewal notice, administrative citation, or other notifications. 4. Interest in Citation: For an administrative citation issued to an individual, only that specific person may submit an appeal. Any appeal submitted by a roommate, family member, etc., on behalf of the individual cited, will be rejected. For appeals issued to a property or building, the owner or their agent may submit an appeal, as well as any tenant who is being held contractually, financially responsible for the property citation. Any legal representative or other agent of the appellant should provide their own contact details in part 11 of this form. San Luis Obispo Municipal Code Section 1.24.100(C)(2). 5. Reason for Appeal: Give a brief statement of why you are appealing, the relief or action sought, and why the administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional pages as necessary, and include any audio, video, photographic, or other supporting evidence you wish to provide. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(c). 6. Election of Appeal Process: Only one appeal process may be chosen, and once chosen, the election is final. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(c). All citations that include a violation of Title 15 of the San Luis Obispo Municipal Code (building and related codes), even if other non-Title 15 code violations are also cited, must be appealed to the Construction Board of Appeals. San Luis Obispo Municipal Code Section 1.24.100(B)(1). For citations that do not include a violation of Title 15, you must make a choice between: • Administrative Review Board: If you wish to retain your right to challenge the administrative citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record. Should you wish to then challenge that board’s decision in court, you will need to file a petition for writ with the Superior Court, which may require the services of an attorney to prepare, and will require payment of the City’s costs to prepare the administrative record. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(b). • Hearing Officer: An expedited, less formal appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to California Government Code Section 53069.4. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(a). For citations that do not include a violation of Title 15, failure to request a hearing before the Administrative Review Board within the time for the filing of an appeal will result in the appeal being assigned to a Hearing Officer and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. San Luis Obispo Municipal Code Section 1.24.100(C)(4). Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Page 3 7. Appeal Fee. Every path of appeal requires payment of a fee due at the time your appeal is submitted. Once your appeal is determined to be complete, timely and valid, the fee is non-refundable as it is recovery of a percentage of the cost to bring your appeal to hearing, regardless of the outcome. Fees are adopted by City Council resolution and updated annually. Use the chart below to properly calculate your appeal fee: Construction Board of Appeals, Title 15 violations Minor: related to an Alteration/Addition of an existing Single-Family or Accessory Dwelling Unit (including duplexes), a demolition permit, or any item permitted under the “Additional Building Fees” schedule $618 Moderate: related to all other permits that are processed under the alteration/addition work class, New Single-Family permits (including duplexes), and New Accessory Dwelling Unit permits $1,106 Major: related to anything that doesn’t fall into one of the other two categories $1,953 Administrative Review Board $501 Hearing Officer review, capped at $106 but could be less depending on the amount of your fine Amount of fine(s) being appealed: (1) 25% of fine(s): amount in (1) multiplied by 0.25 (2) Cost Recovery Appeal Fee Cap: (3) $106 Your appeal fee: whichever is less of (2) & (3) $ Checks should be made out to the “City of San Luis Obispo.” Payment by credit card can be facilitated by the Finance Department 1 and should be completed prior to submission of your appeal form, with a copy of the payment receipt attached to the form. Any appeal received without payment of the proper fee may be rejected. 8. Hearing Procedure: It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. However, you are under no obligation to appear. If you choose, you may elect to have your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City).San Luis Obispo Municipal Code 1.24.110(F). 9. Official Mailing Address: The Municipal Code requires certain notices be sent via U.S. Mail and so, while courtesy notifications may be sent via email or to other addresses, you are required to provide one official mailing address for your appeal. San Luis Obispo Municipal Code 1.24.100(C)(5). 10. Signature: The step most commonly missed in the appeal process (and the most common reason for rejection of a timely appeal) is failure to sign the appeal and declare the facts stated in the appeal to be true. The form provides a signature block for this purpose but if there are multiple appellants, all must sign a declaration. Any additional declarations can be attached as additional pages. San Luis Obispo Municipal Code 1.24.100(C)(5). 11. Representative of Appellant: Any legal representative or other agent assisting with the preparation of the appeal or who intends to appear at the hearing, must provide their contact information and relationship to the appellant. 1 Finance Department staff are available by phone (805)781-7124 and at the public counter, downstairs at City Hall (990 Palm Street), Monday – Thursday, 8:00am – 4:00pm SZ7/31/2025 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************ Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB . . . . . . . . . . . . . . . . . . . . . TOTAL USD $ 100.00 I AGREE TO PAY THE ABOVE AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) x_________________________________________ Cardholder Signature City Copy City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************8211 Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB Customer Copy PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On September 4, 2025, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL REVIEW to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Email: matt@harmonycom.com [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 4, 2025, at San Luis Obispo, California. _____________________________ Sarah Zion 149 From:Zion, Sarah Sent:Thursday, September 4, 2025 1:17 PM To:matt@harmonycom.com Cc:Belghoul, Amel; jason@harmonycom.com; nancy@harmonycom.com Subject:Notice of Review- Davies Attachments:20250904_Notice-Review_Davies.pdf Matthew Davies, Please see the attached. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org September 4, 2025 Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Via First Class Mail and Email to: matt@harmonycom.com Re: Notice of Hearing Officer Review Administrative Citation #ADM 00040264 To Village Properties LLC a CA LLC/Harmony Community: On July 31, 2025, the City of San Luis Obispo received your appeal of the administrative citation referenced above. 1.In your appeal, you elected to forgo your rightful hearing before a hearing officer in favor of that hearing officer’s review of your appeal on the record. This review will take place no sooner than Monday, September 29, 2025. Written evidence must be submitted at least 10 days prior to the hearing date to the hearing officer. 2.Hearing Officer or Board. The hearing officer assigned to your appeal is Alex Karlin. 3.Addresses for Communication, Notices, or Requests. Any communications, notices, or requests to the hearing officer shall be addressed as follows: Hearing Officer Alex Karlin c/o City Attorney’s Office 990 Palm Street San Luis Obispo, CA 93401 Email: city_attorney@slocity.org Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Timmi Tway, Community Development Director c/o John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. Notice of Hearing Officer Review Page 1 Notice of Hearing Officer Review Page 2 If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided, and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. Please call (805)781-7140 or write to city_attorney@slocity.org should you have any questions. Sincerely, Sarah Zion Legal Assistant City Attorney’s Office Enc: Administrative Record Declaration of Service and Posting of Notice SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 CASE NO.: Code-000160-2025 Notice of Violation: 1st notice of violation Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 06 day of 24, 2025, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 06/24/2025 @ 10:00 AM (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 06/24/2025 @ 02:00 PM (Print Name) (Signature) (Time/date) City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org DIRECTOR’S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION July 10, 2025 Matthew Davies 6653 Embarcadero Drive, Suite C Stockton, CA 95219 Subject Address: 145 South Street San Luis Obispo, CA 93401 APN: 004-802-020 Action Reviewed: SLOMC § 5.44.060 (C) Case #: CODE-000160-2025 Date of Notice: June 24, 2025 Date of Request for Director’s Review: June 26, 2025 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director or designee shall review all contested notices to correct and/or notices of violation. The Director’s designee has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING The request concerning SLOMC § 5.44.060(C) regarding allowable rent increases within a mobile home park has been denied and the action reviewed is UPHELD. I have reviewed your concern regarding the phrase “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” found in San Luis Obispo Municipal Code section 5.44.060 (C). This phrase refers to the occasion in which a mobile home is removed from the space, the space is vacant ('vacation of the space’), and the new unit that moves into the vacant space is owned by a new owner. The change in ownership relevant to the circumstances in this case is described in an earlier part of the same section: 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. This portion contemplates the circumstances present in this case, in which, according to the information in the City’s possession, the existing mobile home is being sold to remain in the rented space. Regarding your claim that the unit in question is an RV and not a mobile home; it has been determined that the unit is a mobile home subject to the protections of Chapter 5.44. While the term “mobile home” is not defined in the cited ordinance, Section 5.44 of the San Luis Obispo Municipal Code applies to “space rent,” which relates to the “use and occupancy of a mobile home space in a mobile home park.” South Peak Mobile Home Park is a mobile home park, and nothing in the ordinance excludes the subject unit from the ordinance. The factors identified in the Purpose and Intent section of the ordinance, including 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, and landscaping and site preparation, appear to apply to this unit. Additionally, evidence in the City’s possession (references to the Mobilehome Residency Law in the Information for Prospective Homeowners document prepared by South Peak Mobile Home Park) indicates that South Peak Mobile Home Park treats and acknowledges the unit occupying Space A28 as a mobile home. Regarding your assertion that an exemption applies the circumstances of this scenario; The exemption described in SLOMC 5.44.030(E) applies to rent increases defined within a year-long (at minimum) lease or contract agreed to by both parties. The exemption means that during the term of such a lease, the rent stabilization provisions of Chapter 5.44 do not apply. The lease terms for Ms. Valentine’s space A28 tenancy have no bearing on the restriction regarding increase of the space rent that occurs outside of the lease term and during a change in ownership of the mobile home that has not been removed from the rented space. Your assertion that “pursuant to Cal. Civ. Code section 798.73, the Park may require the removal of an RV upon sale” does not appear to be a statement contesting the NOV issued for an unlawful space rent increase and has therefore not been evaluated as part of this director’s review. Please take action to correct the code violation(s) IMMEDIATELY as described in the Notice of Violation issued on June 24, 2025 or through an applicable approval process as allowed per the municipal code. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above-stated Codes within the next twelve months may result in the immediate issuance of additional, including daily accruing, Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director’s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, John Mezzapesa Interim Deputy Building Official Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 06/24/2025 Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 APN: 004-802-020 Code Case #: CODE-000160-2025 Dear Property Owner, On June 20, 2025, City of San Luis Obispo Community Development Department staff Observed the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Base Space Rent – Determination – Allowable Increases Without Hearing (SLOMC 5.44.060 (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 increases 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 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.” Corrective Action: 1. Present evidence (Information for Prospective Homeowners) form with the adjusted monthly rent of up to ten percent and not more than ten percent, to the city of San Luis Obispo. We request that you voluntarily take action to correct the above noted violation(s) IMMEDIATELY. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney INVOICE (00040264) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE VILLAGE PROPERTIES LLC A CA LLC 145 SOUTH St 7 SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00040264 07/23/2025 08/22/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000160-2025 CE 1st Admin Citation $100.00 $100.00 SUBTOTAL145 South St A28 San Luis Obispo, CA 93401 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_2_Remit_To Address Line 2 Address Line 3 Address Line 4 Page 1 of 1July 23, 2025 City of San Luis Obispo Citation No.: 00040264 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 145 SOUTH ST UNIT: A28 SAN LUIS OBISPO, CA 93401 DATE OF VIOLATION: 06/20/2025 NAME: VILLAGE PROPERTIES LLC A CA LLC / HARMONY COMMUNITY ADDRESS: 6653 EMBARCADERO DR. SUITE C STOCKTON, CA 95219 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 5.44.060(C) Base Space Rent – Determination Allowable Increases Without Hearing $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000160-2025 DATE CITATION ISSUED: 07/23/2025 From:Matt Davies To:Salem, Rami Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:Re: City of San Luis Obispo Director"s Decision: 145 South Street Date:Monday, July 28, 2025 3:22:37 PM Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:20 PM, Salem, Rami <RSalem@slocity.org> wrote: Not a problem at all! A hard copy has been certified mailed specifically to that address last Thursday. If it hasn’t gotten there by now, hopefully it gets there today or tomorrow. Let me know if you have any questions. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 3:14:45 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street We are the property manager. My address is below. A copy to us is greatly appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:08 PM, Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote:  Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property: SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614 CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE- 000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23- 2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23- 2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24- 2025.pdf> Meeting Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Met with Supervisor JM, Director TT, and City attorney SS. Discussed the SLO Rent Stabilization ordinance. Discussed the rent increase by 108% for the lot. Discussed the time parameters. Inspection Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Supervisor JM and I went out to the MHP and visually inspected unit A28. Notice of Violation Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Created this code Case and generated a notice of violation. Correspondence Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Spoke with the MHP manager on site (Roxanne Jackobsen (310)751-4567 / southpeakmhp@gmail.com / 145 South Street) via phone. I informed her of the case, exchanged contact information. She informed me that she will inform the property management company (Harmony Communities / 6653 Embarcadero Dr. Suite C, Stockton CA 95219) of the case and get back to me. Correspondence Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Deputy city attorney SS sent a letter to Harmony Communities. View file attachment in the case files. Appeal to Director Activity Name 6/26/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Request for Director's Review received 6/26/2025 Appeal to Director Activity Name 7/10/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Director's Decision delivered via first class mail to appellant and PO on record. Decision was also sent to appellant via email. 1st Admin Cite Activity Name 07/23/2025 Created On 07/29/2025 Created By Salem, Rami Activity Comments Certified mailed the 1st Administrative Citation to the property management/owner of the MHP Att: Matthew Davies. Declaration of Service and Posting of Notice SUBJECT ADDRESS: 145 South St Unit: A28, San Luis Obispo, CA 93401 CASE NO.:CODE-000160-2025 Citation No.: 00040264 Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of 07, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 12:00 PM on 07/23/2025 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 02:00 PM on 07/23/2025 (Print Name) (Signature) (Time/date) City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org July 30, 2025 Matthew Davies 6653 Embarcadero Drive, Suite C Stockton, CA 95219 Via: Email to: matt@harmonycom.com Re: Request to Appeal Administrative Citation #00040264 Dear Matthew Davies: On July 29, 2025, the City of San Luis Obispo received your request to appeal the above referenced Administrative Citation. This request was incomplete and is therefore rejected. The reason(s) for this rejection include, but are not necessarily limited to: The cited party is incorrect; our records indicate that the cited party was “VILLAGE PROPERTIES LLC A CA LLC/HARMONY COMMUNITY.” Additionally, our records do not indicate that the appellant identified in Item 2 was cited as a tenant being held financially responsible for landlord citation. Finally, you have not paid the appropriate appeal fee. To calculate the appeal fee, please use the worksheet on the appeal form and the citation amount referenced below. Based on the information you provided, the fine for the citation referenced above is: $100 In July 2024, the City Council adopted an updated fee schedule which went into effect October 1, 2024. The updated fee schedule includes a fee to appeal an administrative citation to a Hearing Officer. The Administrative Citation Appeal Form was updated to reflect this, and a blank copy of the updated form is being enclosed with this notice. If you choose to do so, within ten (10) days of the date of this letter, the City Clerk’s Office must receive a written appeal that complies with the requirements of Chapter 1.24 of the City of San Luis Obispo Municipal Code, which governs administrative citations and appeals (specifically, Section 1.24.100(C) Contents of Appeal), and the current City Fee Schedule. If no compliant request to appeal is timely received, this appeal will be deemed abandoned and payment of the related fines will be due. The Municipal Code is available on the City’s website, www.slocity.org or by contacting the City Clerk’s Office. For your convenience, a form has been enclosed to capture the necessary information. If you have any questions, please contact me at (805) 781-7140 or city_attorney@slocity.org. Sincerely, Sarah Zion Legal Assistant, City of San Luis Obispo Enclosures: 1. Copy of received Appeal Form 2. Blank Appeal Form Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Administrative Citation Appeal Form Form must be received by the City Clerk within 10 days of date of citation to be considered timely filed. If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.100(A). Revised and Published: 10/1/2024 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Address of Citation: 1 Date of Citation: ADM or Other Cite Number: Municipal Code Section(s) Cited: Municipal Code Section(s) Appealed: 2 Appellant Name(s): Appellant Mailing Address(es): Appellant Phone(s): Appellant email address(es): 3 If applicable Business Name: Business License # 4 Appellant Cited As: Mark only one _____ Individual or Business _____ Owner of property or building _____ Tenant being held financially responsible for landlord citation 5 Reason for appeal. Attach additional pages as necessary. 6 Election of Appeal Process. Choose One. Election is final. 7 Appeal Fee. (calculate using worksheet on back): $ _____________ _____ Construction Board of Appeals Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. _____ Administrative Review Board _____ Hearing Officer Office Use Only Staff initial for collection of fee _____ Date received ____________ 8 In-person Hearing. I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten (10) days in advance of the day of review and that I will receive written notice of when that day of review will be. Confirm decision to decline in-person hearing by initialing here: _______ 9 If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: 10 Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this appeal form was executed on: ________________________________ ______________ ______________________________, California Signature of Appellant or Representative Date of Signature Place of Signature 11 Representative. If applicable, Legal counsel or agent of Appellant Name and Capacity: Address: Phone: Email address: Page 2 Administrative Citation Appeal Form Instructions Questions about this form or the appeal process should be directed to the City Attorney’s Office Email: City_Attorney@slocity.org, Phone: (805)781-7140 1. Citation Details: Describe the administrative citation received (that you are appealing) with as much detail as possible. The specific information required by the Municipal Code is listed in the form, but any identifying information you provide will assist staff to quickly complete the initial intake processing of your request to appeal. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(a-b). 2. Appellant Details: Whether cited as an individual, business owner, property/building owner, or are being held financially responsible as a tenant for a citation issued to your landlord, all contact information you wish to provide to the City should be entered here. If there is more than one appellant, attach additional pages and provide the contact information for every appellant. San Luis Obispo Municipal Code Section 1.24.100(C)(1). 3. Citation Issued to a Business: For an appeal of a citation issued directly to a business (e.g. failure to timely renew a business license), please provide the additional information in part 3 of this form. The Business Name and License number should be on the renewal notice, administrative citation, or other notifications. 4. Interest in Citation: For an administrative citation issued to an individual, only that specific person may submit an appeal. Any appeal submitted by a roommate, family member, etc., on behalf of the individual cited, will be rejected. For appeals issued to a property or building, the owner or their agent may submit an appeal, as well as any tenant who is being held contractually, financially responsible for the property citation. Any legal representative or other agent of the appellant should provide their own contact details in part 11 of this form. San Luis Obispo Municipal Code Section 1.24.100(C)(2). 5. Reason for Appeal: Give a brief statement of why you are appealing, the relief or action sought, and why the administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional pages as necessary, and include any audio, video, photographic, or other supporting evidence you wish to provide. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(c). 6. Election of Appeal Process: Only one appeal process may be chosen, and once chosen, the election is final. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(c). All citations that include a violation of Title 15 of the San Luis Obispo Municipal Code (building and related codes), even if other non-Title 15 code violations are also cited, must be appealed to the Construction Board of Appeals. San Luis Obispo Municipal Code Section 1.24.100(B)(1). For citations that do not include a violation of Title 15, you must make a choice between: • Administrative Review Board: If you wish to retain your right to challenge the administrative citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record. Should you wish to then challenge that board’s decision in court, you will need to file a petition for writ with the Superior Court, which may require the services of an attorney to prepare, and will require payment of the City’s costs to prepare the administrative record. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(b). • Hearing Officer: An expedited, less formal appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to California Government Code Section 53069.4. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(a). For citations that do not include a violation of Title 15, failure to request a hearing before the Administrative Review Board within the time for the filing of an appeal will result in the appeal being assigned to a Hearing Officer and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. San Luis Obispo Municipal Code Section 1.24.100(C)(4). Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Page 3 7. Appeal Fee. Every path of appeal requires payment of a fee due at the time your appeal is submitted. Once your appeal is determined to be complete, timely and valid, the fee is non-refundable as it is recovery of a percentage of the cost to bring your appeal to hearing, regardless of the outcome. Fees are adopted by City Council resolution and updated annually. Use the chart below to properly calculate your appeal fee: Construction Board of Appeals, Title 15 violations Minor: related to an Alteration/Addition of an existing Single-Family or Accessory Dwelling Unit (including duplexes), a demolition permit, or any item permitted under the “Additional Building Fees” schedule $618 Moderate: related to all other permits that are processed under the alteration/addition work class, New Single-Family permits (including duplexes), and New Accessory Dwelling Unit permits $1,106 Major: related to anything that doesn’t fall into one of the other two categories $1,953 Administrative Review Board $501 Hearing Officer review, capped at $106 but could be less depending on the amount of your fine Amount of fine(s) being appealed: (1) 25% of fine(s): amount in (1) multiplied by 0.25 (2) Cost Recovery Appeal Fee Cap: (3) $106 Your appeal fee: whichever is less of (2) & (3) $ Checks should be made out to the “City of San Luis Obispo.” Payment by credit card can be facilitated by the Finance Department 1 and should be completed prior to submission of your appeal form, with a copy of the payment receipt attached to the form. Any appeal received without payment of the proper fee may be rejected. 8. Hearing Procedure: It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. However, you are under no obligation to appear. If you choose, you may elect to have your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City).San Luis Obispo Municipal Code 1.24.110(F). 9. Official Mailing Address: The Municipal Code requires certain notices be sent via U.S. Mail and so, while courtesy notifications may be sent via email or to other addresses, you are required to provide one official mailing address for your appeal. San Luis Obispo Municipal Code 1.24.100(C)(5). 10. Signature: The step most commonly missed in the appeal process (and the most common reason for rejection of a timely appeal) is failure to sign the appeal and declare the facts stated in the appeal to be true. The form provides a signature block for this purpose but if there are multiple appellants, all must sign a declaration. Any additional declarations can be attached as additional pages. San Luis Obispo Municipal Code 1.24.100(C)(5). 11. Representative of Appellant: Any legal representative or other agent assisting with the preparation of the appeal or who intends to appear at the hearing, must provide their contact information and relationship to the appellant. 1 Finance Department staff are available by phone (805)781-7124 and at the public counter, downstairs at City Hall (990 Palm Street), Monday – Thursday, 8:00am – 4:00pm SZ7/31/2025 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************ Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB . . . . . . . . . . . . . . . . . . . . . TOTAL USD $ 100.00 I AGREE TO PAY THE ABOVE AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) x_________________________________________ Cardholder Signature City Copy City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************8211 Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB Customer Copy PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On September 4, 2025, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL REVIEW to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Village Properties LLC a CA LLC/Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Email: matt@harmonycom.com [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 4, 2025, at San Luis Obispo, California. _____________________________ Sarah Zion 155 From: Sent: Tuesday, September 2, 2025 4:21 PM To: Stewart, Erica A <estewart@slocity.org> Subject: South Peak Appreciate your response. Moving slow in getting copies made for a City Council meeting. Back gate remains closed. Harmony started upgrading lot for more new modular homes. Amazed it was approved. According to HCD, rent cabins, no more modular homes. Vice versa. This can be construed as hear say. Back gate needs to be open. South Street has one way entrance. Appreciate you standing up to Social Security and Medicare at recent Cuesta College 2 weeks ago. Your amazing!!! South Peak Sent from my iPhone 158 From: Sent: Tuesday, September 2, 2025 4:33 PM To: Stewart, Erica A <estewart@slocity.org> Subject: Back gate Imagine fire department unlocking gate! South Peak Sent from my iPhone 159 From: Sent: Tuesday, September 2, 2025 4:21 PM To: Stewart, Erica A <estewart@slocity.org> Subject: South Peak Appreciate your response. Moving slow in getting copies made for a City Council meeting. Back gate remains closed. Harmony started upgrading lot for more new modular homes. Amazed it was approved. According to HCD, rent cabins, no more modular homes. Vice versa. This can be construed as hear say. Back gate needs to be open. South Street has one way entrance. Appreciate you standing up to Social Security and Medicare at recent Cuesta College 2 weeks ago. Your amazing!!! South Peak Sent from my iPhone 160 From:Zion, Sarah Sent:Friday, August 15, 2025 10:55 AM To:Alex Karlin Subject:RE: Appeal in September Attachments:145 South Street - City Clerk Packet - South Peak Mobile Home Park - Notice of violation + City Attorney Letter + Invoice + Admi.pdf Perfect, I’ll get everything set up. The Municipal Code Section is 5.44.060C. Attached is a copy of the citation packet. There’s a couple more pieces to the admin record, so I’ll make sure to send it to you as soon as it’s ready, that way you have more time to review. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Alex Karlin < Sent: Friday, August 15, 2025 10:42 AM To: Zion, Sarah <SZion@slocity.org> Subject: Re: Appeal in September Sarah Yes. Please set it for 9/29. 161 Could you tell me what section of the Municipal Code is alleged to have been violated? I do not know what Community Development Department involves so a specific cite (or even a copy of the Citation) would help me be better prepared. Thanks Alex On Fri, Aug 15, 2025 at 8:32 AM Zion, Sarah <SZion@slocity.org> wrote: Hi Alex, Apologies if you are on vacation, but I wanted to follow up on my previous email. Unless you have something planned for the beginning of October, I think it would be best to set the hearing for the last day it can be heard, September 29th. That way you have the few extra days to review. I will need to start getting the notice together, so please let me know if this works as soon as you can. If you would prefer to have it heard sooner, please let me know. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org 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. -----Original Message----- From: Zion, Sarah Sent: Friday, August 8, 2025 8:10 AM To: Alex Karlin < Subject: RE: Appeal in September Perfect! What date works best for you? We can set it for September 29th, or the week earlier. Apologies, I'm too used to acronyms! This is a code enforcement citation from our Community Development Department (CDD). 162 -----Original Message----- From: Alex Karlin < Sent: Thursday, August 7, 2025 5:40 PM To: Zion, Sarah <SZion@slocity.org> Subject: Re: Appeal in September Sarah: Yes I can do it. What is a CDD? Alex Sent from my iPhone > On Aug 7, 2025, at 4:55 PM, Zion, Sarah <SZion@slocity.org> wrote: > > know Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 06/24/2025 Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 APN: 004-802-020 Code Case #: CODE-000160-2025 Dear Property Owner, On June 20, 2025, City of San Luis Obispo Community Development Department staff Observed the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Base Space Rent – Determination – Allowable Increases Without Hearing (SLOMC 5.44.060 (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 increases 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 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.” Corrective Action: 1. Present evidence (Information for Prospective Homeowners) form with the adjusted monthly rent of up to ten percent and not more than ten percent, to the city of San Luis Obispo. We request that you voluntarily take action to correct the above noted violation(s) IMMEDIATELY. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney INVOICE (00040264) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE VILLAGE PROPERTIES LLC A CA LLC 145 SOUTH St 7 SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00040264 07/23/2025 08/22/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000160-2025 CE 1st Admin Citation $100.00 $100.00 SUBTOTAL145 South St A28 San Luis Obispo, CA 93401 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_2_Remit_To Address Line 2 Address Line 3 Address Line 4 Page 1 of 1July 23, 2025 City of San Luis Obispo Citation No.: 00040264 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 145 SOUTH ST UNIT: A28 SAN LUIS OBISPO, CA 93401 DATE OF VIOLATION: 06/20/2025 NAME: VILLAGE PROPERTIES LLC A CA LLC / HARMONY COMMUNITY ADDRESS: 6653 EMBARCADERO DR. SUITE C STOCKTON, CA 95219 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 5.44.060(C) Base Space Rent – Determination Allowable Increases Without Hearing $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000160-2025 DATE CITATION ISSUED: 07/23/2025 From:Matt Davies To:Salem, Rami Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:Re: City of San Luis Obispo Director"s Decision: 145 South Street Date:Monday, July 28, 2025 3:22:37 PM Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:20 PM, Salem, Rami <RSalem@slocity.org> wrote: Not a problem at all! A hard copy has been certified mailed specifically to that address last Thursday. If it hasn’t gotten there by now, hopefully it gets there today or tomorrow. Let me know if you have any questions. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 3:14:45 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street We are the property manager. My address is below. A copy to us is greatly appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:08 PM, Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote:  Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property: SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614 CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE- 000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23- 2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23- 2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24- 2025.pdf> Meeting Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Met with Supervisor JM, Director TT, and City attorney SS. Discussed the SLO Rent Stabilization ordinance. Discussed the rent increase by 108% for the lot. Discussed the time parameters. Inspection Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Supervisor JM and I went out to the MHP and visually inspected unit A28. Notice of Violation Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Created this code Case and generated a notice of violation. Correspondence Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Spoke with the MHP manager on site (Roxanne Jackobsen (310)751-4567 / southpeakmhp@gmail.com / 145 South Street) via phone. I informed her of the case, exchanged contact information. She informed me that she will inform the property management company (Harmony Communities / 6653 Embarcadero Dr. Suite C, Stockton CA 95219) of the case and get back to me. Correspondence Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Deputy city attorney SS sent a letter to Harmony Communities. View file attachment in the case files. Appeal to Director Activity Name 6/26/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Request for Director's Review received 6/26/2025 Appeal to Director Activity Name 7/10/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Director's Decision delivered via first class mail to appellant and PO on record. Decision was also sent to appellant via email. 1st Admin Cite Activity Name 07/23/2025 Created On 07/29/2025 Created By Salem, Rami Activity Comments Certified mailed the 1st Administrative Citation to the property management/owner of the MHP Att: Matthew Davies. 164 From:Matt Davies <matt@harmonycom.com> Sent:Tuesday, August 12, 2025 1:54 PM To:Zion, Sarah Cc:Salem, Rami; Symens, Sadie; CityClerk; Mezzapesa, John; Jason Dilday; Nancy Gomez Subject:Re: City of San Luis Obispo Director's Decision: 145 South Street / Documentation of Administrative Citation Delivery – 07/24/2025 Got it. Any reason we have a letter postmarked 8/6? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Aug 12, 2025, at 1:26 PM, Zion, Sarah <SZion@slocity.org> wrote: Matt Davies, As noted in the email sent to you on 7/31/25, review of your appeal will be scheduled as soon as there is an opening in the calendar of the volunteer hearing officer. We have 60 days to set a hearing from the date the appeal was received, our office is working with the hearing officer to find a date. You will be notified in writing once the date is scheduled. Sarah Zion pronouns she/her/hers Legal Assistant II <image001.png> City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> 165 <image006.png> 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: Salem, Rami <RSalem@slocity.org> Sent: Tuesday, August 12, 2025 1:24 PM To: Matt Davies <matt@harmonycom.com> Cc: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; CityClerk <CityClerk@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street / Documentation of Administrative Citation Delivery – 07/24/2025 Not a problem at all. Thanks for taking the time to inquire about it. To answer your questions, I believe that based on the handling records, 08/06/2025 seems to be the date the item was sent back to the City of San Luis Obispo after being refused or unclaimed by the recipient. So far as the hearing is concerned, coordinating a hearing is outside my scope of duties. I will, however, relay the information promptly as soon as I am advised and authorized to disclose it. If you require any additional documentation or have questions, please let me know. Best regards, Rami Salem From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, August 12, 2025 1:13 PM To: Salem, Rami <RSalem@slocity.org> Cc: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; CityClerk <CityClerk@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street / Documentation of Administrative Citation Delivery – 07/24/2025 Thanks for the email. Any reason why the mail is postmarked 8/6? Also what about the upcoming hearing date? Regards, Matt Davies 166 Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Aug 12, 2025, at 1:10 PM, Salem, Rami <RSalem@slocity.org> wrote: Documentation of Administrative Citation Delivery – 07/24/2025 Good afternoon, Matt, I hope this finds you well; Thank you for your inquiry regarding the time of receipt. Please find attached photos of the Administrative Citation certified mail, showing the sending date of 07/24/2025. Both items were marked “REFUSED” by the recipient, as noted by the U.S. Postal Service on the envelopes. Hard copies: - One copy was addressed to you, as requested in your 07/28/2025 email, at Harmony Communities: Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 - A second copy was addressed to Village Properties LLC, the property-owning entity on file: Village Properties LLC 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Electronic communications on 07/28/2025: - I emailed printable PDF copies of the Administrative Citation, the Administrative Citation Appeal Form, the citation invoice, the City Attorney’s office letter to Harmony Communities, and the notice of violation to Harmony Communities to you and to John Hough (johnny@realestategroup.com). Outlook delivered receipts to both addresses; I will attach those receipts as well. Hard copies were also posted: - On the office door of Roxane Jacobson, On-Site Manager, South Peak MHP, 145 South St., SLO, CA 93401 310-751-4567 | southpeakmhp@gmail.com - On the door of Unit A28 If you require any additional documentation or have questions, please let me know. 167 Best regards, Rami Salem From: Matt Davies <matt@harmonycom.com> Sent: Monday, August 11, 2025 3:22 PM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello Rami, The violation notice was dated 7/23 and we appealed on 7/29. I was disappointed to see that our first mailed copy was postmarked 8/6 and received today. Id like to make sure we are afforded a fair opportunity to defend ourselves. Please advise when the appeal hearing is set for, so that we may make sure we are adequately prepared in time. Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 31, 2025 9:15 AM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM 168 To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II <image008.png> <image001.png> City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, 169 It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney <image008.png> <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 170 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staff call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, 171 Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, 172 I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image008.png> <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 173 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? 174 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property: 1. SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 2. 145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614 3. CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image008.png> <image001.png> 175 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. 176 Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image008.png> <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South Street - AD CIT - REFUSED - service 08-12-2025.pdf> <145 South Street - screenshot for delivery reciept.png> 211 From:Salem, Rami Sent:Tuesday, August 12, 2025 1:09 PM To:Matt Davies; Zion, Sarah; Symens, Sadie; CityClerk Cc:Mezzapesa, John; Jason Dilday; Nancy Gomez Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street / Documentation of Administrative Citation Delivery – 07/24/2025 Attachments:145 South Street - AD CIT - REFUSED - service 08-12-2025.pdf; 145 South Street - screenshot for delivery reciept.png Documentation of Administrative Citation Delivery – 07/24/2025 Good afternoon, Matt, I hope this finds you well; Thank you for your inquiry regarding the time of receipt. Please find attached photos of the Administrative Citation certified mail, showing the sending date of 07/24/2025. Both items were marked “REFUSED” by the recipient, as noted by the U.S. Postal Service on the envelopes. Hard copies: - One copy was addressed to you, as requested in your 07/28/2025 email, at Harmony Communities: Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 - A second copy was addressed to Village Properties LLC, the property-owning entity on file: Village Properties LLC 6653 Embarcadero Dr. Suite C Stockton, CA 95219 Electronic communications on 07/28/2025: - I emailed printable PDF copies of the Administrative Citation, the Administrative Citation Appeal Form, the citation invoice, the City Attorney’s office letter to Harmony Communities, and the notice of violation to Harmony Communities to you and to John Hough (johnny@realestategroup.com). Outlook delivered receipts to both addresses; I will attach those receipts as well. Hard copies were also posted: - On the office door of Roxane Jacobson, On-Site Manager, South Peak MHP, 145 South St., SLO, CA 93401 310-751-4567 | southpeakmhp@gmail.com - On the door of Unit A28 If you require any additional documentation or have questions, please let me know. Best regards, 212 Rami Salem From: Matt Davies <matt@harmonycom.com> Sent: Monday, August 11, 2025 3:22 PM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello Rami, The violation notice was dated 7/23 and we appealed on 7/29. I was disappointed to see that our first mailed copy was postmarked 8/6 and received today. Id like to make sure we are aƯorded a fair opportunity to defend ourselves. Please advise when the appeal hearing is set for, so that we may make sure we are adequately prepared in time. Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 31, 2025 9:15 AM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez 213 <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney 214 City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C 215 Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony 216 Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 217 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? 218 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 219 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies 220 Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 233 From:Symens, Sadie Sent:Monday, August 4, 2025 9:12 AM To: Subject:RE: South Peak Rent increase violations Hello The City issued an Administrative Citation against the park on July 23rd. The park appealed the citation. The date for the appeal has not been set, but it will be sometime before September 29th. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Sent: Monday, August 4, 2025 9:08 AM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: South Peak Rent increase violations Hi Sadie, I hear that the park has now decided it doesn't wish to comply with the regulation. Is there any update on your end? We are still trying to sell our house but they don't even respond to the resident applications anymore, so we are pretty much stuck losing a lot of money every month. Thanks, On Wed, Jun 25, 2025 at 3:24 PM Symens, Sadie <ssymens@slocity.org> wrote: 234 Hello The City has issued a Notice of Violation against the park for the unlawful space increase for Space A28 in violation of the City’s Mobile Home Park Rent Stabilization Ordinance. If you believe your tenancy is subject to that ordinance, and that the Park management is violating the ordinance, you are free to forward that information to our office for our possible investigation. Please note that our office can not represent you in any action against management. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Sent: Wednesday, June 25, 2025 3:20 PM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: South Peak Rent increase violations Hi Sadie, 235 Is there any way I can follow the progress of this? I just renewed my intent to sell form (they make us do it every 60 days, this is when they adjust the future owner's space rent) and they are still making the space rent double for the next owner. I am unable to sell my home and am in dire straits. Thanks, On Fri, Jun 13, 2025 at 9:01 AM Symens, Sadie <ssymens@slocity.org> wrote: Hello, The Park has disagreed with the City’s interpretation and has not yet accepted the City’s invitation for further discussion. Should the Park violate the municipal code, the City will certainly explore enforcement options. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 236 From: Sent: Thursday, June 12, 2025 1:33 PM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: South Peak Rent increase violations Do you know if they are planning on complying with the regulation? If they don't, is the city planning on pressing charges? Thanks for responding, On Thu, Jun 12, 2025 at 1:15 PM Symens, Sadie <ssymens@slocity.org> wrote: Hello, Can you clarify what information you are looking for? The extent of our office’s involvement at this point has been to notify South Peak Mobile Home Park management (Harmony Properties) that their proposal to increase mobile home space rent upon sale by more than 10% would be considered a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 237 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: Sent: Thursday, June 12, 2025 12:49 PM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: South Peak Rent increase violations Hi Sadie, Any chance you have any info for me? We are about to drop the price to well below what it's worth just to escape the monthly rent payments. Thanks, On Wed, Jun 4, 2025 at 4:23 PM wrote: Hi Sadie, My name is are trying to sell our mobile homes in the South Peak mobile home park, but we are having some difficulties due to the fact that they are raising the space rent nearly double for the next owner, no one wants to buy the house and we are in a bad situation. We heard through the grapevine that the city may be cracking down on them doing this, and that it is against the city ordinances, is there any information you might be able to provide about that? We would be grateful. Thanks, 243 From:Symens, Sadie Sent:Friday, August 1, 2025 4:59 PM To:Salem, Rami; Zion, Sarah; Mezzapesa, John Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you! From: Salem, Rami <RSalem@slocity.org> Sent: Friday, August 1, 2025 10:03 AM To: Symens, Sadie <ssymens@slocity.org>; Zion, Sarah <SZion@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I attached the proof of service for the NOV and a copy of the Director’s review. Let me know if you need anything else. Have a fantastic Friday. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, August 1, 2025 8:55 AM To: Salem, Rami <RSalem@slocity.org>; Zion, Sarah <SZion@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi again – can you also please send over a copy of the Director’s Review? I can’t find it in my emails. Thanks! From: Salem, Rami <RSalem@slocity.org> Sent: Thursday, July 31, 2025 2:52 PM 244 To: Zion, Sarah <SZion@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello Sarah, I attached the following admin record(s): Notice of violation + City Attorney Letter + Invoice + Administrative Citation + E-mail Correspondence + Case Activity Log Please let me know if you need me to send any other documents. Have a fantastic day. From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 10:22 AM To: Salem, Rami <RSalem@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, This appeal has been accepted and will be set for hearing. We have 60 days to set the appeal for hearing, the last day it can be set is 9/29/25. Can you provide the admin record? Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 31, 2025 9:15 AM 245 To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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 246 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: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, 247 Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; 248 Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street 249 Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> 250 Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 251 From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street 252 Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 253 E jmezzapesa@slocity.org T 805.781.7179 254 From:Salem, Rami Sent:Friday, August 1, 2025 10:03 AM To:Symens, Sadie; Zion, Sarah; Mezzapesa, John Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Attachments:145 South 2025-07-10 Director's Decision.pdf; 145 South Street - Notice of Violation Declaration of service and posting.pdf Hi Sadie, I attached the proof of service for the NOV and a copy of the Director’s review. Let me know if you need anything else. Have a fantastic Friday. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, August 1, 2025 8:55 AM To: Salem, Rami <RSalem@slocity.org>; Zion, Sarah <SZion@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi again – can you also please send over a copy of the Director’s Review? I can’t find it in my emails. Thanks! From: Salem, Rami <RSalem@slocity.org> Sent: Thursday, July 31, 2025 2:52 PM To: Zion, Sarah <SZion@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello Sarah, 255 I attached the following admin record(s): Notice of violation + City Attorney Letter + Invoice + Administrative Citation + E-mail Correspondence + Case Activity Log Please let me know if you need me to send any other documents. Have a fantastic day. From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 10:22 AM To: Salem, Rami <RSalem@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, This appeal has been accepted and will be set for hearing. We have 60 days to set the appeal for hearing, the last day it can be set is 9/29/25. Can you provide the admin record? Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 31, 2025 9:15 AM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street 256 Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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. 257 From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 258 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, 259 Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. 260 Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street 261 Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> 262 Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. 263 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org DIRECTOR’S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION July 10, 2025 Matthew Davies 6653 Embarcadero Drive, Suite C Stockton, CA 95219 Subject Address: 145 South Street San Luis Obispo, CA 93401 APN: 004-802-020 Action Reviewed: SLOMC § 5.44.060 (C) Case #: CODE-000160-2025 Date of Notice: June 24, 2025 Date of Request for Director’s Review: June 26, 2025 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director or designee shall review all contested notices to correct and/or notices of violation. The Director’s designee has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING The request concerning SLOMC § 5.44.060(C) regarding allowable rent increases within a mobile home park has been denied and the action reviewed is UPHELD. I have reviewed your concern regarding the phrase “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” found in San Luis Obispo Municipal Code section 5.44.060 (C). This phrase refers to the occasion in which a mobile home is removed from the space, the space is vacant ('vacation of the space’), and the new unit that moves into the vacant space is owned by a new owner. The change in ownership relevant to the circumstances in this case is described in an earlier part of the same section: 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. This portion contemplates the circumstances present in this case, in which, according to the information in the City’s possession, the existing mobile home is being sold to remain in the rented space. Regarding your claim that the unit in question is an RV and not a mobile home; it has been determined that the unit is a mobile home subject to the protections of Chapter 5.44. While the term “mobile home” is not defined in the cited ordinance, Section 5.44 of the San Luis Obispo Municipal Code applies to “space rent,” which relates to the “use and occupancy of a mobile home space in a mobile home park.” South Peak Mobile Home Park is a mobile home park, and nothing in the ordinance excludes the subject unit from the ordinance. The factors identified in the Purpose and Intent section of the ordinance, including 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, and landscaping and site preparation, appear to apply to this unit. Additionally, evidence in the City’s possession (references to the Mobilehome Residency Law in the Information for Prospective Homeowners document prepared by South Peak Mobile Home Park) indicates that South Peak Mobile Home Park treats and acknowledges the unit occupying Space A28 as a mobile home. Regarding your assertion that an exemption applies the circumstances of this scenario; The exemption described in SLOMC 5.44.030(E) applies to rent increases defined within a year-long (at minimum) lease or contract agreed to by both parties. The exemption means that during the term of such a lease, the rent stabilization provisions of Chapter 5.44 do not apply. The lease terms for Ms. Valentine’s space A28 tenancy have no bearing on the restriction regarding increase of the space rent that occurs outside of the lease term and during a change in ownership of the mobile home that has not been removed from the rented space. Your assertion that “pursuant to Cal. Civ. Code section 798.73, the Park may require the removal of an RV upon sale” does not appear to be a statement contesting the NOV issued for an unlawful space rent increase and has therefore not been evaluated as part of this director’s review. Please take action to correct the code violation(s) IMMEDIATELY as described in the Notice of Violation issued on June 24, 2025 or through an applicable approval process as allowed per the municipal code. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above-stated Codes within the next twelve months may result in the immediate issuance of additional, including daily accruing, Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director’s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, John Mezzapesa Interim Deputy Building Official Declaration of Service and Posting of Notice SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 CASE NO.: Code-000160-2025 Notice of Violation: 1st notice of violation Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 06 day of 24, 2025, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 06/24/2025 @ 10:00 AM (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 06/24/2025 @ 02:00 PM (Print Name) (Signature) (Time/date) 304 From:Salem, Rami Sent:Thursday, July 31, 2025 2:52 PM To:Zion, Sarah; Mezzapesa, John Cc:Symens, Sadie Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Attachments:145 South Street - City Clerk Packet - South Peak Mobile Home Park - Notice of violation + City Attorney Letter + Invoice + Administrative Citation + Email Correspondance + Case Actrivity Log 07-31-2025.pdf Hello Sarah, I attached the following admin record(s): Notice of violation + City Attorney Letter + Invoice + Administrative Citation + E-mail Correspondence + Case Activity Log Please let me know if you need me to send any other documents. Have a fantastic day. From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 10:22 AM To: Salem, Rami <RSalem@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, This appeal has been accepted and will be set for hearing. We have 60 days to set the appeal for hearing, the last day it can be set is 9/29/25. Can you provide the admin record? Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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 305 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 31, 2025 9:15 AM To: Zion, Sarah <SZion@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org 306 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: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> 307 Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C 308 Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 309 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies 310 Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? 311 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 312 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. 313 Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 06/24/2025 Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 APN: 004-802-020 Code Case #: CODE-000160-2025 Dear Property Owner, On June 20, 2025, City of San Luis Obispo Community Development Department staff Observed the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Base Space Rent – Determination – Allowable Increases Without Hearing (SLOMC 5.44.060 (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 increases 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 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.” Corrective Action: 1. Present evidence (Information for Prospective Homeowners) form with the adjusted monthly rent of up to ten percent and not more than ten percent, to the city of San Luis Obispo. We request that you voluntarily take action to correct the above noted violation(s) IMMEDIATELY. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney INVOICE (00040264) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE VILLAGE PROPERTIES LLC A CA LLC 145 SOUTH St 7 SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00040264 07/23/2025 08/22/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000160-2025 CE 1st Admin Citation $100.00 $100.00 SUBTOTAL145 South St A28 San Luis Obispo, CA 93401 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_2_Remit_To Address Line 2 Address Line 3 Address Line 4 Page 1 of 1July 23, 2025 City of San Luis Obispo Citation No.: 00040264 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 145 SOUTH ST UNIT: A28 SAN LUIS OBISPO, CA 93401 DATE OF VIOLATION: 06/20/2025 NAME: VILLAGE PROPERTIES LLC A CA LLC / HARMONY COMMUNITY ADDRESS: 6653 EMBARCADERO DR. SUITE C STOCKTON, CA 95219 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 5.44.060(C) Base Space Rent – Determination Allowable Increases Without Hearing $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000160-2025 DATE CITATION ISSUED: 07/23/2025 From:Matt Davies To:Salem, Rami Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:Re: City of San Luis Obispo Director"s Decision: 145 South Street Date:Monday, July 28, 2025 3:22:37 PM Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:20 PM, Salem, Rami <RSalem@slocity.org> wrote: Not a problem at all! A hard copy has been certified mailed specifically to that address last Thursday. If it hasn’t gotten there by now, hopefully it gets there today or tomorrow. Let me know if you have any questions. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 3:14:45 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street We are the property manager. My address is below. A copy to us is greatly appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:08 PM, Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote:  Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property: SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614 CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE- 000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23- 2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23- 2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24- 2025.pdf> Meeting Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Met with Supervisor JM, Director TT, and City attorney SS. Discussed the SLO Rent Stabilization ordinance. Discussed the rent increase by 108% for the lot. Discussed the time parameters. Inspection Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Supervisor JM and I went out to the MHP and visually inspected unit A28. Notice of Violation Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Created this code Case and generated a notice of violation. Correspondence Activity Name 06/20/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Spoke with the MHP manager on site (Roxanne Jackobsen (310)751-4567 / southpeakmhp@gmail.com / 145 South Street) via phone. I informed her of the case, exchanged contact information. She informed me that she will inform the property management company (Harmony Communities / 6653 Embarcadero Dr. Suite C, Stockton CA 95219) of the case and get back to me. Correspondence Activity Name 06/24/2025 Created On 06/25/2025 Created By Salem, Rami Activity Comments Deputy city attorney SS sent a letter to Harmony Communities. View file attachment in the case files. Appeal to Director Activity Name 6/26/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Request for Director's Review received 6/26/2025 Appeal to Director Activity Name 7/10/2025 Created On 07/10/2025 Created By Mezzapesa, John Activity Comments Director's Decision delivered via first class mail to appellant and PO on record. Decision was also sent to appellant via email. 1st Admin Cite Activity Name 07/23/2025 Created On 07/29/2025 Created By Salem, Rami Activity Comments Certified mailed the 1st Administrative Citation to the property management/owner of the MHP Att: Matthew Davies. 323 From:Matt Davies <matt@harmonycom.com> Sent:Thursday, July 31, 2025 9:15 AM To:Zion, Sarah; Symens, Sadie; Salem, Rami; CityClerk Cc:Mezzapesa, John; Jason Dilday; Nancy Gomez Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Attachments:Receiptfinance-07302025-34.pdf; Scanned from a Xerox Multifunction Printer.pdf Hello, Attached is the proof of payment. Also attached is the revised form with the requested corrections. Please confirm receipt and that this is now accepted. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:27 AM To: Symens, Sadie <ssymens@slocity.org>; Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Payment of the appeal fee will be completed through our Finance Department. Payment can either be made in-person at 919 Palm Street, or over the phone at 805-781-7144. Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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 324 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: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 30, 2025 5:00 PM To: Matt Davies <matt@harmonycom.com>; Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com>; Zion, Sarah <SZion@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, It looks like Sarah Zion, who sent you the incompleteness letter, was not on either of your previous messages. Sarah can assist with providing payment information for how to pay the $25 appeal fee. The letter did not indicate a $100 appeal fee. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, 325 Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 326 From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 327 From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 328 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 329 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 330 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official 331 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************ Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB . . . . . . . . . . . . . . . . . . . . . TOTAL USD $ 100.00 I AGREE TO PAY THE ABOVE AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) x_________________________________________ Cardholder Signature City Copy City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Wednesday Jul 30 2025 04:14:25 PM Admin Citation Appeal Fee (ACAF) MATTHEW DAVIES - CN:00040264 100.00 __________________________________________ Total 100.00 Credit 8211 100.00 Receipt #: finance-07302025-34 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . M/C ************8211 Entry Method: MANUAL Date: 07/30/25 Time: 15:15:05 Reference: q-30cC1gxd4oVAdPX3qtFUQuAQEXk Auth Code: 02586Q Approved - Thank You Merchant Id: CITYOSANL2GB Customer Copy 332 From: Zion, Sarah <SZion@slocity.org> Sent: Thursday, July 31, 2025 8:20 AM To: City_Attorney <City_Attorney@slocity.org> Subject: 7/31/25 News Articles Hello all, Please find linked below articles regarding the South Peak Mobile Home Park and 1150 Laurel Lane. https://www.sanluisobispo.com/news/local/article311497513.html#campaignName=sanluisobispo_morning_newsletter https://www.ksby.com/san-luis-obispo/laurel-lane-mixed-use-building-owner-files-for-chapter-11- bankruptcy?utm_medium=email&utm_source=maropost&category=homepage-showcase&utm_campaign=KSBY- Newsletter-Headline-Morning Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 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 333 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. 351 From:Symens, Sadie Sent:Wednesday, July 30, 2025 4:23 PM To:Zion, Sarah Subject:FW: City of San Luis Obispo Director's Decision: 145 South Street Looks like you fell off this chain. I’ll reply and copy you From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 30, 2025 2:22 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Also, Your fee schedule on the form says the lesser of $100 or 25% of the fine. The fine is $100 so by my calculations, the fee should be $25. How did you come up with the $100? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Wednesday, July 30, 2025 2:11 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am in receipt of your “incomplete” letter. I would like to have one of our staƯ call in with the credit card number to pay the $100 fee. Alternatively we can wire in the fee. Please advise which way you would like to be paid and send wire instructions if that is your preference. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 352 From: Matt Davies Sent: Wednesday, July 30, 2025 2:04 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Please confirm receipt of yesterday’s email and let me know on the below. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; cityclerk@slocity.org Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM 353 To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 354 From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C 355 Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of 356 course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 357 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 408 From:Colunga-Lopez, Andrea Sent:Tuesday, July 29, 2025 3:53 PM To:City_Attorney Cc:CityClerk Subject:FW: City of San Luis Obispo Director's Decision: 145 South Street Attachments:Scanned from a Xerox Multifunction Printer.pdf Hello, We received a citation appeal form from Matthew Davies. It has been logged, and the form is attached. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, July 29, 2025 3:41 PM To: Salem, Rami <RSalem@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Jason Dilday <jason@harmonycom.com>; Nancy Gomez <nancy@harmonycom.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, Attached is a copy of our appeal. Please confirm receipt. The last time we filed the appeal, no fee was required. If a fee is required this time, please let us know the amount and we will send it to you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Salem, Rami <RSalem@slocity.org> Sent: Monday, July 28, 2025 10:51 AM 409 To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org slocity.org Stay connected with the City by signing up for e-notifications 410 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM 411 To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219 412  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM 413 To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 438 From:Matt Davies <matt@harmonycom.com> Sent:Monday, July 28, 2025 3:22 PM To:Salem, Rami Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:Re: City of San Luis Obispo Director's Decision: 145 South Street Thank you. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:20 PM, Salem, Rami <RSalem@slocity.org> wrote: Not a problem at all! A hard copy has been certified mailed specifically to that address last Thursday. If it hasn’t gotten there by now, hopefully it gets there today or tomorrow. Let me know if you have any questions. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 3:14:45 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street We are the property manager. My address is below. A copy to us is greatly appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 439 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 3:08 PM, Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 440 On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote: Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 441 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 442 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies 443 Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 444 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been 445 mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23-2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23-2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24-2025.pdf> 460 From:Johnny Hough <johnny@realestategroup.com> Sent:Monday, July 28, 2025 3:13 PM To:Salem, Rami Cc:Matt Davies; Symens, Sadie; Mezzapesa, John Subject:Re: City of San Luis Obispo Director's Decision: 145 South Street Good Afternoon, Please send any future correspondence for Village Properties LLC to the following mailing address: 905 Ambrosia Lane, San Luis Obispo, CA 93401. Johnny Hough The Real Estate Group 805.801.5063 www.realestategroup.com CAL BRE: 01333061 On Mon, Jul 28, 2025 at 3:08 PM Salem, Rami <RSalem@slocity.org> wrote: Dear Matt, Thank you for reaching out. Regarding any future or ongoing violations, the process involves the officer handling the code case sending copies of the Notice of Violation to the property owner, property manager, on-site manager (if applicable), and tenant. To facilitate this, I would need the mailing address or email address for each of the parties involved. I hope this clarifies your question. Please feel free to reach out if you need further assistance. Best regards, Rami Get Outlook for iOS From: Matt Davies <matt@harmonycom.com> Sent: Monday, July 28, 2025 2:40:11 PM To: Salem, Rami <RSalem@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; johnny@realestategroup.com <johnny@realestategroup.com> Subject: Re: City of San Luis Obispo Director's Decision: 145 South Street Rami 461 If future violation notices are issued for any reason related to code enforcement, we need a mechanism to promptly receive them. What would you like us to file with you so that you send us a copy to our address or to our email whenever you mail something to the mill st address? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jul 28, 2025, at 10:54 AM, Salem, Rami <RSalem@slocity.org> wrote: Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 462 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 463 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> 464 Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the office? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 465 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, 466 Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official 467 <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street 468 John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official <image001.png> Community Development Building and Safety 469 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 <145 South St Unit A28 Rent Increase 1 AD CIT 07-23-2025.pdf> <Administrative Citation Appeal Form 2024-10-01.pdf> <145 South St Unit A28 Rent Increase 1 AC 07-23-2025.pdf> <145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf> <145 South St Unit A28 Rent Increase NOV 06-24-2025.pdf> 482 From:Salem, Rami Sent:Monday, July 28, 2025 10:51 AM To:Matt Davies Cc:Symens, Sadie; Mezzapesa, John; johnny@realestategroup.com Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Attachments:145 South St Unit A28 Rent Increase 1 AD CIT 07-23-2025.pdf; Administrative Citation Appeal Form 2024-10-01.pdf; 145 South St Unit A28 Rent Increase 1 AC 07-23-2025.pdf; 145 South St Unit A28 City Attorney's Office letter to Harmony Communities 06-25-2025.pdf; 145 South St Unit A28 Rent Increase NOV 06-24-2025.pdf Good morning, Matt! I hope this finds you well. Attached to this email, you will find: The Administrative citation, the administrative citation appeal form, the invoice for the citation, a copy of the City Attorney’s office letter to Harmony Communities, and a copy of the notice of violation sent to Harmony Communities. Please let me know if you have any questions. Have a great week. From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 12:39 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Thank you for getting back to me Sadie. Rami, If you would provide a copy it would be appreciated. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, July 24, 2025 12:30 PM To: Matt Davies <matt@harmonycom.com>; Mezzapesa, John <JMezzape@slocity.org> Cc: Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hello, I am not involved in Code Enforcement’s discretion to issue a citation, but I believe one was sent out this week. John is out of the office this week. Rami Salem should be able to provide you with a copy of the citation if one was issued. Sadie Symens pronouns she/her/hers Deputy City Attorney 483 City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 24, 2025 11:01 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org>; Johnny Hough <johnny@realestategroup.com> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi Sadie, I’ve cc’ed Johnny at Village Properties. Neither he nor I have received the violation notice. Please advise if it has been issued and where you sent it to. Please also send us both a courtesy copy so we may review and file our appeal. This will be my fourth email to you and John, without response. John said it would be issued by Tuesday the 22nd at the latest. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:43 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Sadie, Would you please email me a copy today since John is out of the oƯice? Regards, Matt Davies 484 Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies Sent: Tuesday, July 22, 2025 10:42 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Please confirm if the violation notice has been issued. Would you please send me a courtesy copy today? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, July 16, 2025 11:54 AM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, 485 Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C 486 Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney INVOICE (00040264) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE VILLAGE PROPERTIES LLC A CA LLC 145 SOUTH St 7 SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00040264 07/23/2025 08/22/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000160-2025 CE 1st Admin Citation $100.00 $100.00 SUBTOTAL145 South St A28 San Luis Obispo, CA 93401 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_2_Remit_To Address Line 2 Address Line 3 Address Line 4 Page 1 of 1July 23, 2025 City of San Luis Obispo Citation No.: 00040264 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 145 SOUTH ST UNIT: A28 SAN LUIS OBISPO, CA 93401 DATE OF VIOLATION: 06/20/2025 NAME: VILLAGE PROPERTIES LLC A CA LLC / HARMONY COMMUNITY ADDRESS: 6653 EMBARCADERO DR. SUITE C STOCKTON, CA 95219 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 5.44.060(C) Base Space Rent – Determination Allowable Increases Without Hearing $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000160-2025 DATE CITATION ISSUED: 07/23/2025 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 06/24/2025 Harmony Community 6653 Embarcadero Dr. Suite C Stockton, CA 95219 SUBJECT ADDRESS: 145 South St Unit:A28, San Luis Obispo, CA 93401 APN: 004-802-020 Code Case #: CODE-000160-2025 Dear Property Owner, On June 20, 2025, City of San Luis Obispo Community Development Department staff Observed the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Base Space Rent – Determination – Allowable Increases Without Hearing (SLOMC 5.44.060 (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 increases 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 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.” Corrective Action: 1. Present evidence (Information for Prospective Homeowners) form with the adjusted monthly rent of up to ten percent and not more than ten percent, to the city of San Luis Obispo. We request that you voluntarily take action to correct the above noted violation(s) IMMEDIATELY. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Administrative Citation Appeal Form Form must be received by the City Clerk within 10 days of date of citation to be considered timely filed. If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.100(A). Revised and Published: 10/1/2024 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Address of Citation: 1 Date of Citation: ADM or Other Cite Number: Municipal Code Section(s) Cited: Municipal Code Section(s) Appealed: 2 Appellant Name(s): Appellant Mailing Address(es): Appellant Phone(s): Appellant email address(es): 3 If applicable Business Name: Business License # 4 Appellant Cited As: Mark only one _____ Individual or Business _____ Owner of property or building _____ Tenant being held financially responsible for landlord citation 5 Reason for appeal. Attach additional pages as necessary. 6 Election of Appeal Process. Choose One. Election is final. 7 Appeal Fee. (calculate using worksheet on back): $ _____________ _____ Construction Board of Appeals Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. _____ Administrative Review Board _____ Hearing Officer Office Use Only Staff initial for collection of fee _____ Date received ____________ 8 In-person Hearing. I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten (10) days in advance of the day of review and that I will receive written notice of when that day of review will be. Confirm decision to decline in-person hearing by initialing here: _______ 9 If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: 10 Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this appeal form was executed on: ________________________________ ______________ ______________________________, California Signature of Appellant or Representative Date of Signature Place of Signature 11 Representative. If applicable, Legal counsel or agent of Appellant Name and Capacity: Address: Phone: Email address: Page 2 Administrative Citation Appeal Form Instructions Questions about this form or the appeal process should be directed to the City Attorney’s Office Email: City_Attorney@slocity.org, Phone: (805)781-7140 1. Citation Details: Describe the administrative citation received (that you are appealing) with as much detail as possible. The specific information required by the Municipal Code is listed in the form, but any identifying information you provide will assist staff to quickly complete the initial intake processing of your request to appeal. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(a-b). 2. Appellant Details: Whether cited as an individual, business owner, property/building owner, or are being held financially responsible as a tenant for a citation issued to your landlord, all contact information you wish to provide to the City should be entered here. If there is more than one appellant, attach additional pages and provide the contact information for every appellant. San Luis Obispo Municipal Code Section 1.24.100(C)(1). 3. Citation Issued to a Business: For an appeal of a citation issued directly to a business (e.g. failure to timely renew a business license), please provide the additional information in part 3 of this form. The Business Name and License number should be on the renewal notice, administrative citation, or other notifications. 4. Interest in Citation: For an administrative citation issued to an individual, only that specific person may submit an appeal. Any appeal submitted by a roommate, family member, etc., on behalf of the individual cited, will be rejected. For appeals issued to a property or building, the owner or their agent may submit an appeal, as well as any tenant who is being held contractually, financially responsible for the property citation. Any legal representative or other agent of the appellant should provide their own contact details in part 11 of this form. San Luis Obispo Municipal Code Section 1.24.100(C)(2). 5. Reason for Appeal: Give a brief statement of why you are appealing, the relief or action sought, and why the administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional pages as necessary, and include any audio, video, photographic, or other supporting evidence you wish to provide. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(c). 6. Election of Appeal Process: Only one appeal process may be chosen, and once chosen, the election is final. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(c). All citations that include a violation of Title 15 of the San Luis Obispo Municipal Code (building and related codes), even if other non-Title 15 code violations are also cited, must be appealed to the Construction Board of Appeals. San Luis Obispo Municipal Code Section 1.24.100(B)(1). For citations that do not include a violation of Title 15, you must make a choice between: • Administrative Review Board: If you wish to retain your right to challenge the administrative citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record. Should you wish to then challenge that board’s decision in court, you will need to file a petition for writ with the Superior Court, which may require the services of an attorney to prepare, and will require payment of the City’s costs to prepare the administrative record. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(b). • Hearing Officer: An expedited, less formal appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to California Government Code Section 53069.4. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(a). For citations that do not include a violation of Title 15, failure to request a hearing before the Administrative Review Board within the time for the filing of an appeal will result in the appeal being assigned to a Hearing Officer and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. San Luis Obispo Municipal Code Section 1.24.100(C)(4). Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Page 3 7. Appeal Fee. Every path of appeal requires payment of a fee due at the time your appeal is submitted. Once your appeal is determined to be complete, timely and valid, the fee is non-refundable as it is recovery of a percentage of the cost to bring your appeal to hearing, regardless of the outcome. Fees are adopted by City Council resolution and updated annually. Use the chart below to properly calculate your appeal fee: Construction Board of Appeals, Title 15 violations Minor: related to an Alteration/Addition of an existing Single-Family or Accessory Dwelling Unit (including duplexes), a demolition permit, or any item permitted under the “Additional Building Fees” schedule $618 Moderate: related to all other permits that are processed under the alteration/addition work class, New Single-Family permits (including duplexes), and New Accessory Dwelling Unit permits $1,106 Major: related to anything that doesn’t fall into one of the other two categories $1,953 Administrative Review Board $501 Hearing Officer review, capped at $106 but could be less depending on the amount of your fine Amount of fine(s) being appealed: (1) 25% of fine(s): amount in (1) multiplied by 0.25 (2) Cost Recovery Appeal Fee Cap: (3) $106 Your appeal fee: whichever is less of (2) & (3) $ Checks should be made out to the “City of San Luis Obispo.” Payment by credit card can be facilitated by the Finance Department 1 and should be completed prior to submission of your appeal form, with a copy of the payment receipt attached to the form. Any appeal received without payment of the proper fee may be rejected. 8. Hearing Procedure: It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. However, you are under no obligation to appear. If you choose, you may elect to have your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City).San Luis Obispo Municipal Code 1.24.110(F). 9. Official Mailing Address: The Municipal Code requires certain notices be sent via U.S. Mail and so, while courtesy notifications may be sent via email or to other addresses, you are required to provide one official mailing address for your appeal. San Luis Obispo Municipal Code 1.24.100(C)(5). 10. Signature: The step most commonly missed in the appeal process (and the most common reason for rejection of a timely appeal) is failure to sign the appeal and declare the facts stated in the appeal to be true. The form provides a signature block for this purpose but if there are multiple appellants, all must sign a declaration. Any additional declarations can be attached as additional pages. San Luis Obispo Municipal Code 1.24.100(C)(5). 11. Representative of Appellant: Any legal representative or other agent assisting with the preparation of the appeal or who intends to appear at the hearing, must provide their contact information and relationship to the appellant. 1 Finance Department staff are available by phone (805)781-7124 and at the public counter, downstairs at City Hall (990 Palm Street), Monday – Thursday, 8:00am – 4:00pm 517 From: Lynch, Joan <jlynch@thetribunenews.com> Sent: Monday, July 21, 2025 11:31 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Szentesi, Whit <wszentes@slocity.org>; Harnett, Natalie <nharnett@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Mobile Home Park Code Violations Hello Timmi, Thank you for getting back to me on this mobile home park issue. I wasn't able to give this story my attention during the previous week, and I apologize for the late reply to your responses. I appreciate what you gave me, with only one point of clarification — what did the director's review of South Peak's actions find, and what do the next steps look like? Are there any repercussions for the park's actions or relief for the people whose space rents were raised? The Director’s review upheld the Notice of Violation. The Director’s Review determined that the unit in question is a mobile home subject to the protections of SLOMC Chapter 5.44. The Director’s Review directs the mobile home park owner to immediately correct the violations. If this is not done, then the City can issue an Administrative Citation and a fine or another enforcement action. The Director’s review is not appealable, but a challenge to the Director’s decision may be raised as part of an appeal from an administrative citation if an administrative citation is issued in connection with the Notice. Thank you, 518 Joan Lynch She/her/hers Housing Reporter P 805-781-7812 E jlynch@thetribunenews.com W www.sanluisobispo.com T @WritesLynch On Wed, Jul 9, 2025 at 11:34 AM Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Hi Joan, Please see our responses below in blue. Thanks, Timmi From: Lynch, Joan <jlynch@thetribunenews.com> Sent: Tuesday, July 8, 2025 1:48 PM To: Szentesi, Whit <wszentes@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Mobile Home Park Code Violations Hello all, I hope you're doing well! I'm reaching out because I'm working on a new story on a code violation filed against South Peak Mobile Home Park due to a rent raise that may have violated the city's space rent ordinance, and wanted to get the city's perspective. 519 A couple weeks ago, I was contacted by Linda Valentine, a South Peak Mobile Home Park owner who was dealing with a potentially unlawful rent increase on her trailer home in South Peak. Linda's daughter was evicted by South Peak management a couple months ago, though Linda contested the validity of the reasons provided for the eviction. Linda enlisted California Rural Legal Association attorney Evan Harris to help her with the eviction, which ended in a settlement. With her daughter no longer living at the park, she said she now has to sell her home to a new tenant who will start a new $1,600 lease on a space that was previously leased for under $800 or forfeit her mobile home's title to park management. Harris told me that the city's code enforcement team was looking into this potential violation of the civil code, and I was hoping to get the city's comment on these questions:  Harris shared a copy of the notice to correct a code violation that the city sent South Peak on June 24, and said the next step of this process is a director's review of the violation. When will that review be held, and how will that review be conducted? A director’s review is an administrative review by the Community Development Director of the Notice of Violation issued by Code Enforcement staff, meaning there is no hearing. That process is underway and the City intends to provide a decision to South Peak by next week.  South Peak park management has justified the rent increase by saying that Linda's home is an RV and not a parked trailer home, claiming that this means it isn't covered by the city's space rent ordinance. Would the city classify Linda's home as an RV, and is the park's reason for raising the rent this much valid under the city's space rent ordinance? The director’s review decision will respond to this argument by South Peak. The City’s Mobile Home Park Rent Stabilization Ordinance limits rent increases upon change in ownership of in-place mobile homes to 10% of the existing space rent. Based on the information the City has received, South Peak has proposed a 107% space rent increase.  Has the city received similar code enforcement violations notices from any other South Peak park residents? Other South Peak residents have contacted the City about potential violations of the rent stabilization ordinance but not have not yet provided sufficient information for the City to investigate their claims. Any other comments the city has on this subject not covered by my questions is of course welcome. If you'd prefer to have an off-record conversation about this story, feel free to reach out at the contact information below. If you can reply by the end of the week, that would be great. Thank you, 520 Joan Lynch She/her/hers Housing Reporter P 805-781-7812 E jlynch@thetribunenews.com W www.sanluisobispo.com T @WritesLynch 521 From:Symens, Sadie Sent:Friday, July 18, 2025 1:33 PM To:Mezzapesa, John Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Will the admin citation be sent to all of these entities? Sherrie Johnston (not Matt Davies) is listed as the agent for South Peak MHP LLC, so I’d request that at least that address is served as well, if possible From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development 522 Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. 523 Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 524 From:Buckley, Nick Sent:Wednesday, July 16, 2025 5:30 PM To:Mezzapesa, John Cc:Salem, Rami; Symens, Sadie Subject:South Peak Mobile Home Park Information Greetings, As you requested, I conducted some research and was able to track down the owner and contacted him directly. Village Properties LLC and John Hough is the agent in charge of Village Properties who is the legal owner of the property. The ownership rights to the property are leased to Harmony Properties out of Stockton and is managed by Matt Davies. Village Properties LLC also owns 962 Mill St in San Luis Obispo, which is currently leased to Keller Williams. John Hough said he still gets mail there but gave me an alternate address (his home address) to send notices which is 905 Ambrosia Ln, San Luis Obsipo, CA 93401. John Hough’s phone number is 805-801-5063. The address for Harmony Properties is 6653 Embarcadero Dr Suite C, Stockton, CA 95219. Matt Davis with Harmony Properties can be reached at 209-932-8747. If there is anything else I can do to assist, let me know. Nick Buckley Code Enforcement Officer II Community Development Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805.783.7872 slocity.org Stay connected with the City by signing up for e-notifications 525 From:Evan Harris <eharris@crla.org> Sent:Wednesday, July 16, 2025 5:08 PM To:Symens, Sadie Cc:Patsy Van Dyke; Mariah Thompson Subject:Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Thank you for the clear update and timeline—it’s very helpful. Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, July 16, 2025 4:41 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Evan, As Code Enforcement proceeds with administrative enforcement, I wanted to clarify with you the timelines for this process. Once an administrative citation is issued, the cited party has ten days to file an appeal. The appeal must be heard within 60 days, and we are currently scheduling those hearings in September for appeals filed now. If the appeal is overturned (and the citation is upheld), the cited party may seek judicial review by trial de novo (must be filed within 20 days of the appeal decision) or by writ (must be filed within 90 days of the appeal decision.) Either of those proceedings could take months or longer. All that to say, if Harmony Communities exhausts these available procedures, it seems unlikely that this administrative enforcement matter will be resolved by November 30 th. Please let me know if you have any questions about this. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney 526 City Attorney's Office E ssymens@slocity.org 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: Evan Harris <eharris@crla.org> Sent: Wednesday, July 2, 2025 10:50 AM To: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie and Rami, Thank you for issuing the attached violation notice to South Peaks MHP. The notice directs South Peaks to present the “Information for Prospective Homeowners” form to the City of San Luis Obispo with the adjusted monthly rent increase of no more than ten percent. It also states that failure to correct the violation(s) will result in an Administrative Citation and fines under SLOMC Chapter 1.24, and that continued noncompliance may subject the park to additional civil or criminal enforcement. However, I did not see a specific deadline in the notice for when South Peaks must complete this corrective action. Can you clarify how much time the park has before fines or further enforcement steps will be taken? Unfortunately, park management does not appear willing to comply voluntarily. Yesterday, Melissa Lawley, Senior Regional Manager of Harmony Communities, told Ms. Valentine over email (attached) there was “nothing to correct” after Ms. Valentine requested that the space rent amount be revised and the new owner paperwork be resent. Please let me know when the City intends to escalate enforcement in line with the notice. Thank you again for your continued support on this matter. Best, Evan Harris (he/him) | Attorney California Rural Legal Assistance, Inc. eharris@crla.org 527 (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, June 19, 2025 3:36 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello all, I received the below from Harmony Communities regarding Ms. Valentine’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. Valentine’s residence is not subject to the Ordinance. Can you please provide a response to the statements I have highlighted below so that my office can evaluate next steps? Thank you very much. In addition, could you please clarify when Ms. Valentine’s tenancy was terminated? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 528 Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria . Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 529 Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 530 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> 531 <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications 532 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney 533 California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. <Letter to South Peak Mobile Home Park 053025.pdf> 543 From:Matt Davies <matt@harmonycom.com> Sent:Wednesday, July 16, 2025 11:54 AM To:Mezzapesa, John Cc:Symens, Sadie; Salem, Rami Subject:RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Thanks for getting back to me. Please send the notice to village properties and email me a courtesy copy. Does work for you? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 16, 2025 10:53 AM To: Matt Davies <matt@harmonycom.com> Cc: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street HI Matt, Just wanted to let you know we are in process of preparing a citation. We anticipate it will be issued beginning of next week. I was hoping you could clarify some questions I have regarding ownership of the park. The County Assessor's Office has the owner on record as VILLAGE PROPERTIES LLC. This LLC has a mailing address of 962 Mill Street in SLO. In looking at recorded documents we also see the following entities associated with the property:  SOUTH PEAK MHP LLC 6653 EMBARCADERO DRIVE SUITE C STOCKTON, CA 95219  145 SOUTHSLO LP (formerly 145 SOUTHSLO LLC) 1920 MAIN STREET SUITE 1070 IRVINE CA 92614  CEDAR RIDGE INC 1601 CARMEN DR SUITE 100 CAMARILLO, CA 930111 The standard for citations is to issue to the property owner on record with the assessor, and we want to make sure that the correct entity is cited so the process is not interrupted. Our plan is to issue the formal citation to VILLAGE PROPERTIES LLC unless you are able to provide any formal documentation to show other ownership. We will, of course, provide a copy of the citation directly to you as well, but the formal citation will be sent certified to the owner we have on record. 544 Are you able to provide some clarity on ownership of the park and how all these entities are connected? Thank you, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Matt Davies <matt@harmonycom.com> Sent: Friday, July 11, 2025 4:18 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street Hi John, Checking back in on this. Thx. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Thursday, July 10, 2025 5:16 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: City of San Luis Obispo Director's Decision: 145 South Street John, Received. Please issue a formal citation notice so we can begin the appeal process. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 545 From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, July 10, 2025 5:02 PM To: Matt Davies <matt@harmonycom.com> Subject: City of San Luis Obispo Director's Decision: 145 South Street Hello Matt, A response has been completed regarding the request for Director’s review submitted by you on June 26, 2025, associated with code enforcement case CODE-000160-2025. Please find a copy of the Director’s Decision attached to this message. The decision has also been mailed to the address provided on the Request for Director’s Review Form and the property owner on record. Please let me know if you have any questions. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 568 From:Tway, Timothea (Timmi) Sent:Thursday, July 10, 2025 12:42 PM To:Tway, Timothea (Timmi) Cc:Mezzapesa, John; Symens, Sadie; Sheats, Steven; City Communications Subject:Code Enforcement Action Related to Mobile Home Rent Increase BCC:CC Hello Mayor and Councilmembers, I am writing to let you know about a code enforcement action that is currently in process related to a violation of the Mobile Home Park Rent Stabilization Ordinance. In May of 2025 the City Attorney’s Office was contacted by legal representation for a resident within the South Peak Mobile Home regarding potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (MHPRSO). The City Attorney’s Office was provided evidence that the park owner plans to implement a 108% increase in space rent upon change in ownership of a mobile home in violation of SLOMC 5.44.060(c). The owner of the mobile home was in process of selling the unit to remain in its current space and indicated that the proposed increase in rent was significantly hindering their ability to sell the unit. After review, the City Attorney’s Office issued a letter dated May 30, 2025, to the owner of the mobile home park advising that the reported increase in space rent would constitute a violation of the MHPRSO. Legal representation for the mobile home park disagreed with the determination made by the City Attorney’s Office and failed to address the issue within the requested timeline g iven by the City Attorney’s Office. Therefore the matter was forwarded to the Code Enforcement Division and a formal Notice of Violation was sent to the property owner on June 24, 2025. The property owner has contested the claims made in the NOV via the Director’s Review process. The property owner has contested the applicability of the ordinance claiming that vacation of the unit may result in space rent being adjusted to fair market value, and that the unit in question is an RV which is not regulated by the MHPRSO, in addition to other arguments. The City’s does not agree with the arguments posed and is drafting a determination which is expected to be delivered today or tomorrow. The Director’s Review will be final and will request immediate compliance with city ordinances. If the park owner(s) fail to comply, an administrative citation may be issued which is appealable to either a hearing officer or the Administrative Review Board. Any decision made by the hearing officer may then be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. Any decision made by the Administrative Review Board may be appealed either directly to superior court for de novo review or the appellant may file a petition for a writ to the superior court. In addition, I answered several clarifying questions about the process for enforcement from Joan Lynch at the Tribune, who had been contacted by someone regarding this issue, so a story may run in the newspaper as well. The Code Enforcement team and I are available for questions if you have any, Thank you! Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org 569 T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 646 From:Tway, Timothea (Timmi) Sent:Wednesday, July 2, 2025 2:01 PM To:Mezzapesa, John; Symens, Sadie Cc:Sheats, Steven Subject:RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Perfect, thanks! From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, July 2, 2025 1:31 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Symens, Sadie <ssymens@slocity.org> Cc: Sheats, Steven <ssheats@slocity.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Your schedule looks pretty tight to fit in a meeting before then. Maybe our team can just get a draft response written up by mid next week and we can share for review to be ready for mail by end of next week. Does that work for both of you? -John From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, July 2, 2025 1:09 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance John, Can we look at this together before then? I do not see a need to wait. thanks, Timmi From: Symens, Sadie Sent: Wednesday, July 2, 2025 10:57 AM To: Evan Harris <eharris@crla.org>; Salem, Rami <RSalem@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 647 Hello Evan, You are correct that the NOV did not state a date for compliance; however, South Peak had 5 days to request a director’s review of the NOV prior to any administrative citations being issued. They have requested a director’s review, and that process is currently underway. There is no timeline set for a director’s review. I understand the time sensitivity of this issue, and staff are diligently pursuing this review. I will let you know of any further updates. Please let me know if CRLA has reconsidered pursuing private enforcement as well. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Evan Harris <eharris@crla.org> Sent: Wednesday, July 2, 2025 10:50 AM To: Symens, Sadie <ssymens@slocity.org>; Salem, Rami <RSalem@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie and Rami, Thank you for issuing the attached violation notice to South Peaks MHP. The notice directs South Peaks to present the “Information for Prospective Homeowners” form to the City of San Luis Obispo with the adjusted monthly rent increase of no more than ten percent. It also states that failure to correct the violation(s) will result in an Administrative Citation and fines under SLOMC Chapter 1.24, and that continued noncompliance may subject the park to additional civil or criminal enforcement. However, I did not see a specific deadline in the notice for when South Peaks must complete this corrective action. Can you clarify how much time the park has before fines or further enforcement steps will be taken? 648 Unfortunately, park management does not appear willing to comply voluntarily. Yesterday, Melissa Lawley, Senior Regional Manager of Harmony Communities, told Ms. Valentine over email (attached) there was “nothing to correct” after Ms. Valentine requested that the space rent amount be revised and the new owner paperwork be resent. Please let me know when the City intends to escalate enforcement in line with the notice. Thank you again for your continued support on this matter. Best, Evan Harris (he/him) | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, June 19, 2025 3:36 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello all, I received the below from Harmony Communities regarding Ms. Valentine’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. Valentine’s residence is not subject to the Ordinance. Can you please provide a response to the statements I have highlighted below so that my office can evaluate next steps? Thank you very much. In addition, could you please clarify when Ms. Valentine’s tenancy was terminated? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 649 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria . Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite 650 further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office 651 E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. 652 Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 653 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). 654 To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 655 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. <Letter to South Peak Mobile Home Park 053025.pdf> 693 From:Evan Harris <eharris@crla.org> Sent:Wednesday, July 2, 2025 10:50 AM To:Symens, Sadie; Salem, Rami Cc:Patsy Van Dyke; Mariah Thompson Subject:Re: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:6.24.25.LindaValentine.City'sViolationNotice(2).pdf; 6.24.25.LindaValentine.City'sViolationNotice(1).pdf; 7.01.25.LindaValentine.ManagmentEmailDenyingRentChange.pdf Hello Sadie and Rami, Thank you for issuing the attached violation notice to South Peaks MHP. The notice directs South Peaks to present the “Information for Prospective Homeowners” form to the City of San Luis Obispo with the adjusted monthly rent increase of no more than ten percent. It also states that failure to correct the violation(s) will result in an Administrative Citation and fines under SLOMC Chapter 1.24, and that continued noncompliance may subject the park to additional civil or criminal enforcement. However, I did not see a specific deadline in the notice for when South Peaks must complete this corrective action. Can you clarify how much time the park has before fines or further enforcement steps will be taken? Unfortunately, park management does not appear willing to comply voluntarily. Yesterday, Melissa Lawley, Senior Regional Manager of Harmony Communities, told Ms. Valentine over email (attached) there was “nothing to correct” after Ms. Valentine requested that the space rent amount be revised and the new owner paperwork be resent. Please let me know when the City intends to escalate enforcement in line with the notice. Thank you again for your continued support on this matter. Best, Evan Harris (he/him) | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, June 19, 2025 3:36 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 694 Hello all, I received the below from Harmony Communities regarding Ms. Valentine’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. Valentine’s residence is not subject to the Ordinance. Can you please provide a response to the statements I have highlighted below so that my office can evaluate next steps? Thank you very much. In addition, could you please clarify when Ms. Valentine’s tenancy was terminated? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria . Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. 695 Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 696 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 697 Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 698 YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. 699 From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> 700 Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. <Letter to South Peak Mobile Home Park 053025.pdf> 1 From:Nick Pardo < Sent:Monday, June 23, 2025 4:48 PM To:CityClerk Cc:Tway, Timothea (Timmi); City_Attorney Subject:Re: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Attachments:Petition to revise Municipal Code 5.44.pdf Dear Mayor Stewart, City Council Members, City Attorney, and City Clerk, In April of this year, I submitted the attached petition regarding a conflict between our mobilehome rent control ordinance and state law (attached for context). I am writing to follow up, as I believe state law may have already resolved this matter. The exemption in our city's ordinance, Section 5.44.030(E), was required by a former state law (CA Civil Code § 798.17) that has since been repealed by AB 2782. Because of this, our local exemption may no longer be legally valid. To clarify this for everyone, I believe it would be worthwhile for the City Attorney to weigh in on this. If the city's exemption is indeed unenforceable, simply removing the defunct section from the ordinance would eliminate significant confusion for both residents and park owners. Thank you for your continued consideration of this important issue. Sincerely, Nick Pardo On Mon, Apr 14, 2025 at 4:08 PM CityClerk <CityClerk@slocity.org> wrote: BCC: Council All Nick Pardo, Thank you for taking the time to contact City Council on this topic. This is a policy related issue for the City Council’s consideration and your message has been provided directly to them. By copy on this email, it is also being shared with staff in our City Attorney’s Office and Community Development Department for their awareness. 2 City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: Nick Pardo < Sent: Monday, April 14, 2025 3:17 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Mayor Stewart and City Council Members, Please find attached a formal petition to amend San Luis Obispo Municipal Code Title 5 Chapter 5.44, which pertains to rent control within the city, specifically as it relates to mobilehome park tenancies. The attached letter details how the current application of Section 5.44.030(E) creates an inequity for mobilehome owners and conflicts with current California state law, specifically Assembly Bill 2782 (2020), which amended California Civil Code Section 798.17. I urge the City Council to consider this petition and take swift action to amend the ordinance. Thank you for your time and consideration of this important matter. Sincerely, Nick Pardo Nick Pardo 1255 Orcutt Road SPC B1 San Luis Obispo, CA 93401 April 14, 2025 Honorable Mayor Erica A. Stewart and City Council Members City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Subject: Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Regarding Rent Control in Mobilehome Parks Dear Mayor Stewart and City Council Members, I am writing to petition for an amendment to San Luis Obispo Municipal Code Title 5 Chapter 5.44, which pertains to rent control within the city, speciflcally as it relates to mobilehome park tenancies. The current application of Chapter 5.44.030(E) creates a severe inequity for mobilehome owners in San Luis Obispo and necessitates immediate corrective action. The ordinance's exemption from rent control for 'tenancies covered by leases or contracts which provide for a tenancy of more than a year' confiicts with current California state law, causing signiflcant flnancial hardship and inequity for residents. Assembly Bill 2782 (2020) amended California Civil Code Section 798.17. This amendment removed the automatic exemption from local rent stabilization ordinances for long-term leases signed on or after February 13, 2020 (effective January 1, 2021) and also removed the exemption for leases signed before February 13, 2020 (Effective January 2025). This legislative change affirms that local rent control ordinances should take precedence over confiicting terms in these leases. There is a signiflcant loophole within the Mobilehome Residency Law (MRL) that allows park owners to exploit the vulnerability of individuals purchasing a home within the park. The MRL deflnes a "homeowner" as "a person who has a tenancy in a mobilehome park under a rental agreement" [§798.9]. This deflnition leaves buyers in a precarious position, as they do not yet qualify as "homeowners" until they sign the park's required lease. Park owners can leverage this gap in protection to force buyers into accepting unfavorable long-term lease agreements as a condition of residency approval, effectively circumventing the intent of the MRL to protect homeowners. Mobilehome owners, often facing limited housing options, are frequently compelled to accept "take it or leave it" long-term leases that impose rent increases far exceeding the protections afforded by Municipal Code Section 5.44. The consequences of these issues can be flnancially crippling. To illustrate the potential for harm, consider the following 20-year rent increase projections, calculated using historical Consumer Price Index (CPI) data from 2004 to 2024, and comparing San Luis Obispo city and county’s rent control scenarios to an actual long-term lease offered by a San Luis Obispo mobilehome park. For these simulations, we will assume a starting monthly space rent of $1000 (typical starting rent in 2025): • Scenario 1: SLO City Rent Control - Section 5.44 (CPI with a 5% annual cap): o Ending Monthly Rent: $1666.91 o Total Rent Paid: $314,378.88 • Scenario 2: SLO County Rent Control - Title 25 (60% of CPI): o Ending Monthly Rent: $1385.01 o Total Rent Paid: $281,702.28 • Scenario 3: Actual Offered 20-Year Lease (CPI + 2% with a 3.9% minimum and 9% annual cap): o Ending Monthly Rent: $2624.52 o Total Rent Paid: $402,801.00 The data clearly demonstrates that even under recent CPI conditions, long-term leases lead to a dramatic escalation of housing costs. Residents who have no viable alternative but to sign these leases face signiflcant long term flnancial impact, jeopardizing their housing stability and overall well-being. The signiflcant difference in both total rent paid and the flnal monthly rent underscores the urgent need for reform. Over 20 years, a typical long -term lease in this scenario would result in residents paying $88,422.12 more than under the cities actual rent control ordinance, with a flnal monthly rent that is 57.4% higher. This is the flrst opportunity under the current ordinance, for residents to gain the beneflt of San Luis Obispo's rent control provisions. By this time, the damage is done. Crucially, the fundamental problem lies in the transfer of authority over rent increases from local government to private corporations. San Luis Obispo's existing rent control ordinance in Chapter 5.44 refiects a balance between ensuring fair returns for property owners and protecting residents from excessive rent hikes. This balance is achieved through local oversight and a structure that is publicly accountable. In contrast, long -term leases empower park owners, whose primary motivation is proflt maximization, to unilaterally determine rent increases, often with formulas that far outpace the ability of residents on flxed incomes to keep pace. Furthermore, these long-term leases frequently include provisions that go beyond traditional rent increases. Park owners may pass through the costs of capital improvements or replacements to residents, often with an added interest factor. This means residents are not only paying for the improvements but also flnancing them at a rate determined by the park owner, further infiating their housing costs. While the scenarios presented illustrate potential flnancial harm, the core issue is about local control. The allowable rent increases and any additional charges should be determined by the City of San Luis Obispo, as it is for those under short-term leases under Chapter 5.44, and not by private entities. It is not necessarily that the flnal rent under Scenario 1 is the only acceptable outcome, but that the mechanism for determining fair and reasonable rent increases and related charges should reside with the city, ensuring a more equitable and sustainable outcome for residents. To align the city ordinance with current state law, I propose the following amendment to San Luis Obispo Municipal Code Title 5, Chapter 5.44.030(E): • Proposed Amendment: removal of Chapter 5.44.030(E). This amendment aligns with Assembly Bill 2782 and Civil Code 798.17, ensuring that all mobilehome park residents are afforded the protections of the city's rent control ordinance, preventing the exploitation of residents through mandatory, long-term leases and addressing the vulnerability of new homeowners during the purchase process. I urge the City Council to take swift action on this critical issue. Thank you for your time and consideration. Sincerely, Nick Pardo 704 From:Code Enforcement Sent:Monday, June 30, 2025 8:21 AM To:Salem, Rami Cc:Mezzapesa, John; Symens, Sadie Subject:FW: South Peak MHP # This was in our Code Email. Thank you, Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-noƟficaƟons -----Original Message----- From: < Sent: Wednesday, June 25, 2025 2:34 PM To: code@slocity.org. Subject: South Peak MHP # I was informed that you have successfully dealt with Harmony Communi Ɵes, the owner representaƟves of South Peak Mobile Home Park in San Luis Obispo, CA. They have threatened a 40% increase in land leases if one sells their unit. These issues make it impossible to sell our units. Thank you so much for your correcƟon of this travesty for us residents @ South Peak. # Sent from my iPhone 705 From:Symens, Sadie Sent:Friday, June 27, 2025 5:05 PM To:Matt Davies; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, 1. I am referring to the unit as a mobilehome because it is a mobilehome under the San Luis Obispo Mobile Home Rent Stabilization Ordinance, for the reasons I have previously stated. 2. The phrase “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” in SLOMC 5.44.060 refers to the occasion in which the mobilehome is removed from the space, the space is vacant (vacation of the space), and the new unit that moves into the space is owned by a new owner. The change in ownership relevant here is described in this part of that section: “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.” Again, if I am wrong that the mobilehome is remaining in Space A28, please correct me. 3. The City’s position has been consistent on this point since May 30th. Ms. Valentine has rights afforded to tenants under the SLO MHPRSO. Since the City’s position has remained consistent and, I hope, clear since May 30th, I am open to continuing this conversation in a meeting rather than continued email exchanges. If you wish to schedule that, please let me know. Otherwise, I will defer to the director’s review process currently in motion. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 706 From: Matt Davies <matt@harmonycom.com> Sent: Thursday, June 26, 2025 3:58 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Sadie, Still not following. 1) You keep referring to this as a mobile home when you have seen incontrovertible evidence this is a park model RV. This is not semantics. Why do you refer to the RV as a Mobilehome? 2) There would never be a change of ownership if the unit was removed from the space. That sentence makes zero sense based on your interpretation. It is impossible to have a change of ownership if the unit is removed. The ordinance as drafted is clear. There is a “vacation”. Do you not see a “vacation”? Is she not trying to facilitate a change in ownership? 3) The legislative intent language includes reference to “tenants.” Is she a tenant or isn’t she? Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, June 26, 2025 3:34 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, I see that you have already submitted your request for director’s review. However, I will still respond to your question. It is my understanding that the mobilehome is staying in space A28; please correct me if I am wrong about that. If the mobilehome is remaining in place, I do not believe the portion you have highlighted is applicable to this situation. “Vacation of space” refers to the mobile home vacating the space. Ms. Valentine’s right to occupy has apparently been terminated, but she is permitted to “conduct on onsite sale of Defendant’s mobilehome in accordance with the Mobilehome Residency Law to a park approved buyer to and through November 30 th, 2025.” I would direct you again to the legislative intent of the MHPRSO which states, as a reason for the limitation of space rent increase upon sale, that “tenants in mobile home parks desiring to sell their mobile homes may have difficulty finding buyers because, upon a change of ownership, the park is able to rent without regard to the city’s mobile home rent stabilization ordinance.” The City Council would not have included this statement of intent if the Ordinance did not attempt to address that stated harm. The harm caused upon Ms. Valentine by Harmony Communities’ unlawful space rent increase is the type of harm the City Council attempted to mitigate by enacting 5.44.060(C). Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney 707 City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 25, 2025 8:26 AM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, I would like to call your attention to 5.44.060 C. I believe our disagreement related to RV’s to be a moot point. The 10% change of ownership limitation is of no effect when the change of ownership results from a “vacation of the space”(see below). Attached is an email from Valentine’s attorney confirming she vacated the unit in early June. She was then paid $2,000 in exchange for vacating the unit. She and her attorney bargained for this agreement and cannot now change their position as to what they legally agreed to. Please review and advise at your convenience. 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. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 708 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 5:01 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, I apologize that the director’s review document was not enclosed. I have included it here. The City provided the basis for enforcement on May 30, 2025. Additionally, Harmony Communities has recognized the unit as a mobilehome consistently throughout Ms. Valentine’s tenancy and as recently as May 1, 2025, including the rental agreement, the unlawful detainer action and settlement, and the Information for Prospective Homeowners document. The Mobile Home Park Rent Stabilization Ordinance is not as narrowly applicable as Harmony Communities appears to believe. Further, Ms. Valentine was entitled to occupy the mobilehome under her lease until her tenancy was terminated, and the unlawful detainer action has no effect on the applicability of SLOMC 5.44.060(C), which prohibits increases in excess of 10% upon change in ownership; that is, the protection contemplated by that section is as to the space (for continuity of affordability) and not to the existing/former resident. SLOMC 5.44.010(E) clarifies the legislative intent. Again, please refer to my letter dated May 30, 2025, attached again here. The applicability of H&S 18009.3 and 18010 on a mobilehome unit that has been in place as a primary residence since, according to the records you have provided, at least 2018 is unclear to me, so I cannot respond to that particular argument. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:41 PM 709 To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, That’s unfortunate. Your characterization of our characterization is inaccurate. We don’t characterize it in any manner. It’s not up to us. We simply follow state law. State law defines what an RV is. See H&S 18009.3 and 18010. A park model is a type of RV. https://www.aamva.org/policy/policy-positions/recreational-park- trailer#:~:text=A%20park%20model%20recreational%20vehicle,feet%20in%20the%20setup%20mode . https://www.gorving.com/explore-rvs/park-model- rvs#:~:text=The%20Seasonal%20RV,the%20possible%20features%20and%20amenities . https://www.championhomes.com/our-homes/park-model- rv#:~:text=What%20is%20a%20Park%20Model,U.S.%20and%20most%20Canadian%20provinces.\ It seems that you are having an issue based on what you see visually. The above links will help you understand that this is indeed an Rvand will give you more insight on the product type. It still has its wheels and axels attached, and the hitch is located underneath the unit. The NOV does not have an enclosure. Please email me the enclosure and we will file with the director. Further, please respond to the points made in Jason’s email so we may understand the city’s position related to recreational vehicles and tenancies. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 3:28 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for confirming receipt of the notice of violation. We do not intend to rescind the Notice. Information on requesting a director’s review is on page 2 of the Notice of Violation. So that I am clear, can you confirm that the unit Harmony Communities is characterizing as an RV is the unit depicted in the photo attached? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney 710 City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:03 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, 711 Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last 712 amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: 713 Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 714 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> 715 Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 716 This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, 717 Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. <Letter to South Peak Mobile Home Park 053025.pdf> 718 From:Symens, Sadie Sent:Friday, June 27, 2025 11:32 AM To:Sherry Enns Subject:RE: South Peak MHP, # , San Luis Obispo, CA Hello, I have been made aware that you contacted the City’s Code Enforcement staff about this issue. As I stated in my email dated June 10th, if your home is a mobilehome subject to the Mobile Home Park Rent Stabilization Ordinance and that the Park has violated that ordinance, please send that information to me. As a reminder, the City cannot represent you in an action against your landlord. You may want to consider contacting CRLA. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Sent: Wednesday, June 11, 2025 8:40 AM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: South Peak MHP, # , San Luis Obispo, CA Thank you. Sent from my iPhone On Jun 10, 2025, at 1:43 PM, Symens, Sadie <ssymens@slocity.org> wrote: 719 Hello The City Attorney’s office cannot represent you in a dispute with the mobile home park owner, but if you or your attorney believe that you are protected by the Mobile Home Park Rent Stabilization Ordinance (which you can view online here), and that the mobile home park owner is unlawfully increasing your space rent, you may provide that information to our office. Our office may investigate the park for violations of the City’s municipal code. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Sent: Tuesday, June 10, 2025 11:36 AM To: Symens, Sadie <ssymens@slocity.org> Subject: Fwd: South Peak MHP, # , San Luis Obispo, CA Sent from my iPhone Begin forwarded message: From: Date: June 10, 2025 at 11:15:05 AM PDT To: Subject: Fwd: South Peak MHP, # , San Luis Obispo, CA I have emailed Deputy District Attorney Sent from my iPhone 720 Begin forwarded message: From: Matt Davies <matt@harmonycom.com> Date: June 10, 2025 at 9:24:52 AM PDT To: Cc: ssymens@slocity.org, Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # , San Luis Obispo, CA Okay we’ll not be selling then. We like South Peak and intend to stay at Space . You live in a recreational vehicle and have no rights to sell said vehicle in place under state law(see civil code 798). In light of our disagreement, we will not be providing any documentation and you will need to have the RV removed upon sale. Thank you in advance for your cooperation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Main: (209) 932-8747 Matt@HarmonyCom.com From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, June 10, 2025 8:46 AM Please see below Thank you, Melissa Lawley Senior Regional Manager <image007.jpg> 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 10, 2025 7:38 AM To: Sherry Enns < ; Melissa Lawley 721 <melissa@harmonycom.com> Subject: RE: South Peak MHP, # , San Luis Obispo, CA Hello Sherry, Thank you for reaching out. Please feel free to forward to our office any rent increases in violation of the San Luis Obispo Municipal Home Park Rent Stabilization Ordinance. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Sherry Enns < Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, # , San Luis Obispo, CA When we do get a buyer, please put the new land lease amount in writing so we can mail a copy to the City of SLO, District Attorney, Christine Dietrick who is examining the case for land lease price gouging. 990 Palm St 722 San Luis Obispo, CA 93401 Thank you, Sherry Enns Norman Enns Sent from my iPhone 723 From:Mariah Thompson <mthompson@crla.org> Sent:Thursday, June 26, 2025 5:26 PM To:Patsy Van Dyke; Symens, Sadie Subject:Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Ms. Symens, I came across this article today that you may be interested in. https://sanjosespotlight.com/san-jose-tightens- mobile-home-park-rent-control-policy/ It demonstrates that a good approach to this debate is to amend RSOs to clearly include RVs in MHPs. Cheers, Mariah Mariah Thompson she/her/ella | Senior Litigator California Rural Legal Assistance, Inc. mthompson@crla.org (559) 441-8721 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Patsy Van Dyke <pvandyke@crla.org> Sent: Thursday, June 26, 2025 1:48:50 PM To: Symens, Sadie <ssymens@slocity.org>; Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Dear Ms. Symens: Unfortunately, it appears that we do not have a complete copy of the Park Rules for South Peak-- only the odd numbered pages. I will work on getting a complete copy. Thanks, Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. pvandyke@crla.org (831) 757-5221 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. 724 From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 25, 2025 5:37 PM To: Mariah Thompson <mthompson@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org> Subject: RE: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Hello, Thank you for that additional information and for your continued assistance. By way of update, the City has issued a Notice of Violation against the property owner, requiring them to present an updated Information for Prospective Homeowners document which reflects a space rent in lawful compliance with the Mobile Home Park Rent Stabilization Ordinance. The owners have 5 days to request a director’s review. If they do not, or if the director upholds the NOV, the City may begin to issue administrative citations, including daily accruing citations for each day the Park remains in violation. The park owner may appeal an administrative citation within 10 days of issuance, to either a hearing officer or Administrative Review Board. Evan sent over the South Peak Park rules, but it looks like the even-numbered pages are missing; would either of you be able to send me the complete Rules? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Mariah Thompson <mthompson@crla.org> Sent: Tuesday, June 24, 2025 1:47 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org> 725 Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine I have not been to the park and our local attorney on this case, Evan, is currently out of office. But that looks like a park model unit and has the same address so I don't see any reason that wouldn't be the correct unit. Attached is the title search for the unit. I have sent additional questions to the registration/titling department because of discrepancies between the title and the sales contract. I am specifically asking HCD whether titling should currently be going through HCD or DMV. I am wondering if Harmony failed to follow the appropriate process when it acquired the unit and then sold the unit. It looks like the unit HCD registration has not been updated in a long time and was never updated with CA MHP Investors 3, LLC (Bruce Davies/Harmony company) as the legal owner. Notably, Harmony also did not produce to you a recent registration-- they produced a DMV registration from 2018. If I were you, I would ask Harmony for the registration and title for the year that they sold the unit to CRLA's client. Mariah Thompson she/her/ella | Senior Litigator California Rural Legal Assistance, Inc. mthompson@crla.org (559) 441-8721 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 11:04 AM To: Mariah Thompson <mthompson@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org> Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Thank you. I drove by Space A28. Could you confirm that this is your client’s unit? 726 727 On Jun 24, 2025, at 9:54 AM, Mariah Thompson <mthompson@crla.org> wrote: Good morning, I can actually ask my contact at HCD's registration department about this. I will do this now. I would think that it would have been but let me confirm. Thanks, Mariah Thompson she/her/ella | Senior Litigator California Rural Legal Assistance, Inc. <C2_signature_msg_60437b2c-1a55-4bd4-933f-6012a97256b3.png> mthompson@crla.org <C2_signature_phone_f1f87ccc-6c1e-43c4-9096-0c070108fb9e.png> (559) 441-8721 728 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Patsy Van Dyke <pvandyke@crla.org> Sent: Tuesday, June 24, 2025 10:52 AM To: Symens, Sadie <ssymens@slocity.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Not to our knowledge. Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. <Image.png> pvandyke@crla.org <Image.png> (831) 757-5221 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, June 23, 2025 5:26:07 PM To: Patsy Van Dyke <pvandyke@crla.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine You don't often get email from ssymens@slocity.org. Learn why this is important Hello, Thank you for that additional information. Do you know if the unit has ever been registered with HCD? I agree that the DMV registration is not determinative, but I just want to make sure I have all the information. Thank you again. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> 729 <image003.png> <image004.png> <image005.png> <image006.png> 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: Patsy Van Dyke <pvandyke@crla.org> Sent: Friday, June 20, 2025 4:04 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Dear Ms. Symens: Thank you for following up on this matter. Evan Harris is on vacation, so I will be the point person on the matter (with assistance from Mariah Thompson) until at least July 7, 2025. With respect to Mr. Dilday's arguments about Ms. Valentine's home being a recreational vehicle that is not subject to the City's Rent Stabilization Ordinance (RSO), I refer you to our earlier submissions and communications. Moreover, the type of registration is not relevant for the purpose of determining whether the RSO applies. It is not one of the criteria raised in the RSO. Further, Mr. Dilday ignores that this unit is permanently installed, including the utility installation. It is not "readily moved" simply attaching it to a pickup truck with a trailer hitch. It is undisputed that this unit has been occupied as a permanent residence with the full knowledge and consent of Harmony. Indeed, this argument that Ms. Valentine's home is a recreational vehicle and not a "mobilehome" is belied by the very documents Mr. Dilday relies upon to try to deny Ms. Valentine's ownership and legal occupancy of the site. For example, the stipulation itself refers to the unit as a "mobilehome" in multiple places, See, e.g. Paragraphs 2, 7, and 8. Paragraph 8 also makes clear that Harmony will continue to collect rent for the space occupied by Ms. Valentine's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. Valentine is the owner of the mobilehome that legally occupies that space, and pursuant to which Harmony still seeks to collect rent. Thus, any argument that she is not a "tenant" based on the stipulation is unfounded. Mr. Dilday is manufacturing arguments after the fact out of thin air in a brazen attempt to avoid application of the RSO. 730 The parties' course of conduct further confirms that the parties consider Ms. Valentine's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. Valentine to sign a 30-year lease. A long-term lease would not have been necessary if the unit was considered a recreational vehicle that was exempt from the RSO. Further, the information sheet distributed by Harmony for prospective purchasers also refers to the unit as a "home" as does the sales contract or home purchase agreement signed by Ms. Valentine when she initially purchased the unit from Harmony. Please contact me if you require any additional information. Thank you for your prompt consideration of this matter. Sincerely, Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. <image007.png> pvandyke@crla.org <image008.png> (831) 757-5221 <image009.png> 3 Williams Road, Salinas, CA 93905 <image010.jpg> <image011.png><image012.png><image013.png><image014.png> CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribu or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. 743 From:Symens, Sadie Sent:Thursday, June 26, 2025 3:34 PM To:Matt Davies; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, I see that you have already submitted your request for director’s review. However, I will still respond to your question. It is my understanding that the mobilehome is staying in space A28; please correct me if I am wrong about that. If the mobilehome is remaining in place, I do not believe the portion you have highlighted is applicable to this situation. “Vacation of space” refers to the mobile home vacating the space. Ms. Valentine’s right to occupy has apparently been terminated, but she is permitted to “conduct on onsite sale of Defendant’s mobilehome in accordance with the Mobilehome Residency Law to a park approved buyer to and through November 30 th, 2025.” I would direct you again to the legislative intent of the MHPRSO which states, as a reason for the limitation of space rent increase upon sale, that “tenants in mobile home parks desiring to sell their mobile homes may have difficulty finding buyers because, upon a change of ownership, the park is able to rent without regard to the city’s mobile home rent stabilization ordinance.” The City Council would not have included this statement of intent if the Ordinance did not attempt to address that stated harm. The harm caused upon Ms. Valentine by Harmony Communities’ unlawful space rent increase is the type of harm the City Council attempted to mitigate by enacting 5.44.060(C). Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 25, 2025 8:26 AM 744 To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, I would like to call your attention to 5.44.060 C. I believe our disagreement related to RV’s to be a moot point. The 10% change of ownership limitation is of no effect when the change of ownership results from a “vacation of the space”(see below). Attached is an email from Valentine’s attorney confirming she vacated the unit in early June. She was then paid $2,000 in exchange for vacating the unit. She and her attorney bargained for this agreement and cannot now change their position as to what they legally agreed to. Please review and advise at your convenience. 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. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 5:01 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, I apologize that the director’s review document was not enclosed. I have included it here. The City provided the basis for enforcement on May 30, 2025. Additionally, Harmony Communities has recognized the unit as a mobilehome consistently throughout Ms. Valentine’s tenancy and as recently as May 1, 2025, including the rental agreement, the unlawful detainer action and settlement, and the Information for Prospective Homeowners document. The Mobile Home Park Rent Stabilization Ordinance is not as narrowly applicable as Harmony Communities appears to believe. Further, Ms. Valentine was entitled to occupy the mobilehome under her lease until her tenancy was terminated, and the unlawful detainer action has no effect on the applicability of SLOMC 5.44.060(C), which prohibits increases in excess of 10% upon change in ownership; that is, the protection contemplated by that section is as to the space (for continuity of affordability) and not to the existing/former resident. SLOMC 5.44.010(E) clarifies the legislative intent. Again, please refer to my letter dated May 30, 2025, attached again here. The applicability of H&S 18009.3 and 18010 on a mobilehome unit that has been in place as a primary residence since, according to the records you have provided, at least 2018 is unclear to me, so I cannot respond to that particular argument. Thank you, 745 Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:41 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, That’s unfortunate. Your characterization of our characterization is inaccurate. We don’t characterize it in any manner. It’s not up to us. We simply follow state law. State law defines what an RV is. See H&S 18009.3 and 18010. A park model is a type of RV. https://www.aamva.org/policy/policy-positions/recreational-park- trailer#:~:text=A%20park%20model%20recreational%20vehicle,feet%20in%20the%20setup%20mode . https://www.gorving.com/explore-rvs/park-model- rvs#:~:text=The%20Seasonal%20RV,the%20possible%20features%20and%20amenities . https://www.championhomes.com/our-homes/park-model- rv#:~:text=What%20is%20a%20Park%20Model,U.S.%20and%20most%20Canadian%20provinces.\ It seems that you are having an issue based on what you see visually. The above links will help you understand that this is indeed an Rvand will give you more insight on the product type. It still has its wheels and axels attached, and the hitch is located underneath the unit. The NOV does not have an enclosure. Please email me the enclosure and we will file with the director. Further, please respond to the points made in Jason’s email so we may understand the city’s position related to recreational vehicles and tenancies. 746 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 3:28 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for confirming receipt of the notice of violation. We do not intend to rescind the Notice. Information on requesting a director’s review is on page 2 of the Notice of Violation. So that I am clear, can you confirm that the unit Harmony Communities is characterizing as an RV is the unit depicted in the photo attached? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:03 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 747 Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 748 From: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 749 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 750 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 751 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> 752 <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. 753 Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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, 754 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. <Letter to South Peak Mobile Home Park 053025.pdf> 779 From:Matt Davies <matt@harmonycom.com> Sent:Wednesday, June 25, 2025 8:26 AM To:Symens, Sadie; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Re: [EXTERNAL] South Peak v. Valentine Hello Sadie, I would like to call your attention to 5.44.060 C. I believe our disagreement related to RV’s to be a moot point. The 10% change of ownership limitation is of no effect when the change of ownership results from a “vacation of the space”(see below). Attached is an email from Valentine’s attorney confirming she vacated the unit in early June. She was then paid $2,000 in exchange for vacating the unit. She and her attorney bargained for this agreement and cannot now change their position as to what they legally agreed to. Please review and advise at your convenience. 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. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 5:01 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, I apologize that the director’s review document was not enclosed. I have included it here. The City provided the basis for enforcement on May 30, 2025. Additionally, Harmony Communities has recognized the unit as a mobilehome consistently throughout Ms. Valentine’s tenancy and as recently as May 1, 2025, including the rental agreement, the unlawful detainer action and settlement, and the Information for Prospective Homeowners document. The Mobile Home Park Rent Stabilization Ordinance is not as narrowly applicable as Harmony Communities appears to believe. Further, Ms. Valentine was entitled to occupy the mobilehome under her lease until her tenancy was terminated, and the unlawful detainer action has no effect on the applicability of SLOMC 5.44.060(C), 780 which prohibits increases in excess of 10% upon change in ownership; that is, the protection contemplated by that section is as to the space (for continuity of affordability) and not to the existing/former resident. SLOMC 5.44.010(E) clarifies the legislative intent. Again, please refer to my letter dated May 30, 2025, attached again here. The applicability of H&S 18009.3 and 18010 on a mobilehome unit that has been in place as a primary residence since, according to the records you have provided, at least 2018 is unclear to me, so I cannot respond to that particular argument. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:41 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, That’s unfortunate. Your characterization of our characterization is inaccurate. We don’t characterize it in any manner. It’s not up to us. We simply follow state law. State law defines what an RV is. See H&S 18009.3 and 18010. A park model is a type of RV. https://www.aamva.org/policy/policy-positions/recreational-park- trailer#:~:text=A%20park%20model%20recreational%20vehicle,feet%20in%20the%20setup%20mode . https://www.gorving.com/explore-rvs/park-model- rvs#:~:text=The%20Seasonal%20RV,the%20possible%20features%20and%20amenities . https://www.championhomes.com/our-homes/park-model- rv#:~:text=What%20is%20a%20Park%20Model,U.S.%20and%20most%20Canadian%20provinces.\ 781 It seems that you are having an issue based on what you see visually. The above links will help you understand that this is indeed an Rvand will give you more insight on the product type. It still has its wheels and axels attached, and the hitch is located underneath the unit. The NOV does not have an enclosure. Please email me the enclosure and we will file with the director. Further, please respond to the points made in Jason’s email so we may understand the city’s position related to recreational vehicles and tenancies. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 3:28 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for confirming receipt of the notice of violation. We do not intend to rescind the Notice. Information on requesting a director’s review is on page 2 of the Notice of Violation. So that I am clear, can you confirm that the unit Harmony Communities is characterizing as an RV is the unit depicted in the photo attached? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 782 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:03 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 783 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. 784 In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 785 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. 786 The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. 787 Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. 788 As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 789 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. <Letter to South Peak Mobile Home Park 053025.pdf> 1 From:Evan Harris <eharris@crla.org> Sent:Friday, June 6, 2025 11:32 AM To:Melissa Lawley; Judy Tsai; Jessica Lu Subject:Re: [EXTERNAL] South Peak v. Valentine Hello Melissa, Ms. Valentine has officially vacated the unit. The unit is now unoccupied, and all of her belongings have been removed. Please mail the check at your earliest convenience. Additionally, I want to inform you that Ms. Valentine plans to hire a contractor to repaint the interior. As she retains ownership and access to the property, this project should proceed smoothly. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Friday, June 6, 2025 8:47 AM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Thank you Thank you, Melissa Lawley Senior Regional Manager 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 2 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Evan Harris <eharris@crla.org> Sent: Friday, June 6, 2025 8:20 AM To: Melissa Lawley <melissa@harmonycom.com>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Melissa, Thank you very much. Ms. Valentine plans to be out before June 15 but has not yet fully vacated. I will let you know when that happens. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Thursday, June 5, 2025 1:15 PM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Hi Evan, Just checking to see if your clients have vacated. I have the check ready to be mailed out. Let me know, thanks! Thank you, Melissa Lawley Senior Regional Manager 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 3 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Evan Harris <eharris@crla.org> Sent: Thursday, May 29, 2025 2:01 PM To: Melissa Lawley <melissa@harmonycom.com>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Melissa and Judy, I spoke too soon. My client is still moving a few belongings out of the unit. I will reach back out to confirm when she has wholly vacated. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Thursday, May 29, 2025 11:33 AM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Good morning, As of a few minutes ago, it was reported that there was a lady staying at the home cleaning with a pit bull dog that was running loose in the yard. There was also a gentleman there with shopping carts Thank you, Melissa Lawley Senior Regional Manager 4 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Evan Harris <eharris@crla.org> Sent: Wednesday, May 28, 2025 4:24 PM To: Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, The defendants have vacated the unit. Pursuant to the terms of the stipulation agreement, please have your client issue a check in the amount of $2,000, made payable to Linda Valentine. The check should be sent via USPS Priority Mail or FedEx to the following address: Please confirm once the payment has been sent. Thank you. Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Thursday, March 13, 2025 12:04 PM To: Evan Harris <eharris@crla.org>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Evan, if we are going to work together in the future, when I say something is a final and last proposal, then that is what it is. If you want other changes made, it takes at a minimum communication, not just the liberty of editing my version and signing it. Also, I don’t appreciate the numerous back and forth comments which made no sense in the context of the negotiations (e.g., stip said keys and title to home and you are asking about on-site sale). With that said, the stipulation has already been signed and presented to the court. 5 You can get a copy of it from your client or substitute in and get a copy. From: Evan Harris <eharris@crla.org> Sent: Thursday, March 13, 2025 11:44 AM To: Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, Would your client like to enter into this settlement agreement? Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 11, 2025 4:10 PM To: Judy Tsai <judy@judytsai.com>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, Ms. Valentine has agreed to the terms you've proposed. Attached is the signed stipulation. Please note, I've updated Provision 6 of the agreement to contemplate the terms proposed in both your original draft stipulation agreement and your latest draft stipulation agreement as follows: "If Defendants timely vacate on or before June 30th, 2025 in accordance with Paragraph 2 of this Stipulation, Plaintiff shall deposit a check in the sum of $1,000.00 made payable to LINDA VALENTINE by United States Postal Service priority mail or federal express to 1098 Ford Drive, Nipomo, CA 93444 no later than July 5th, 2025. Alternatively, if defendants vacate early, on or before June 15th, 2025, Plaintiff shall deposit a check in the sum of $2,000.00 in the same manner to the same address no later than June 20th, 2025." Best, 6 Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Monday, March 10, 2025 4:33 PM To: Evan Harris <eharris@crla.org>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Evan, I have spent enough time on trying to settle this matter. In response to your last proposal, it is a no. If Ms. Valentine wants the right to conduct an on-site sale, then the attached stipulation contains the final terms and conditions that we are willing to accept. From: Judy Tsai Sent: Wednesday, March 5, 2025 4:25 PM To: Evan Harris <eharris@crla.org>; Jessica Lu <jessica@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine In all the versions with the increase in cash, it was for title to the home. That is why there was discussions about the condition. It goes without saying we do not have a deal. Thank you for your time. From: Evan Harris <eharris@crla.org> Sent: Wednesday, March 5, 2025 12:31 PM To: Jessica Lu <jessica@judytsai.com> Cc: Judy Tsai <judy@judytsai.com>; Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello all, Thank you for your patience. On further review, it seems language has been removed from the agreement regarding my client's ability to conduct an on-site sale to and through November 30th, 2025, so long as Vanessa and Linda Valentine vacate on or before June 15, 2025. I request this provision be added back into the agreement. Best, 7 Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Evan Harris <eharris@crla.org> Sent: Wednesday, March 5, 2025 10:06 AM To: Jessica Lu <jessica@judytsai.com> Cc: Judy Tsai <judy@judytsai.com>; Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello all, Apologies, one more correction: Page 3, Item 7: Ms. Valentine owns her mobile home, while the park only has rights to the space where her home is located—not the home itself. As a result, the park has no claim over Ms. Valentine's appliances inside her mobile home. Therefore, Item 7 is inappropriate and should be removed from the agreement. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked im age ca nn ot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 4:15 PM To: Jessica Lu <jessica@judytsai.com> 8 Cc: Judy Tsai <judy@judytsai.com>; Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Thank you very much, Jessica. I've shared the agreement with my client and hope to have a signed copy to you all tomorrow. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Jessica Lu <jessica@judytsai.com> Sent: Tuesday, March 4, 2025 4:07 PM To: Evan Harris <eharris@crla.org> Cc: Judy Tsai <judy@judytsai.com>; Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine Hi Evan, Please see attached. Corrections have been made. Jessica Lu Legal Assistant to Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Suite 180 Sunnyvale, CA 94085 Ph: (408)724-5453 From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 3:57 PM To: Melissa Lawley <melissa@harmonycom.com>; Judy Tsai <judy@judytsai.com> Cc: Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Melissa, Thank you very much. The agreement looks great; however, two minor revisions might be made: 9 Page 2, Line 11: "2028" should read "2025" Page 3, Line 8: "Section 2" should read "Section 3" Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, March 4, 2025 2:43 PM To: Evan Harris <eharris@crla.org>; Judy Tsai <judy@judytsai.com> Cc: Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine Hi Evan, Please see attached settlement agreement. Judy is currently in court and asked me to send this. Please let me know if you have any questions. Thank you, Melissa Lawley Senior Regional Manager The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 12:18 PM 10 To: Judy Tsai <judy@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, Great, we have a deal. My client is ready to sign a stipulation agreement with these updated terms. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, March 4, 2025 11:25 AM To: Evan Harris <eharris@crla.org> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine Yes, the total consideration is 16K (8K waiver of rents and 8K cash upon timely moveout and in addition signing the HCD transfer documents). From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 11:23 AM To: Judy Tsai <judy@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, Just clarifying, do you mean 8k cash for keys in addition to a waiver of all rent that would be due until June 15, 2025? Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 11 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, March 4, 2025 11:07 AM To: Evan Harris <eharris@crla.org> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine Evan that is too rich of a request. There is already $5,680.32 owed to and through March 31st, then add another approximately $2250.00 for the time Vanessa occupies until June 15th, 2025 and we are $$7930.32, or 8K. With the 7K cash payment, you are looking at a total package of $15K which is poor condition. Best and final offer 8K cash for keys in addition to the waiver of rents. All the neighbors are chomping at the bit to testify in court so that is Ms. Valentine’s risk to take. From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 10:48 AM To: Judy Tsai <judy@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, I too am sorry. The ability to rent out the mobile home between June 15 and November 30 before sale was a crucial aspect of the agreement for my client, and evidently, this was lost in translation. I've spoken with Ms. Valentine. If your client can add $8,250 to make it $10,250 cash for keys, she will sign the agreement. This additional amount accounts for part of the rental income she is foregoing during this period, which was a key element in her decision. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. T h e lin ked ima T h e lin ked ima T h e lin ked ima The linked image cannot T h e lin ked ima CRLA.org 12 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, March 4, 2025 10:09 AM To: Evan Harris <eharris@crla.org> Cc: Melissa Lawley <melissa@harmonycom.com>; Cumberland, Keira <Keira.Cumberland@slo.courts.ca.gov> Subject: RE: [EXTERNAL] South Peak v. Valentine I’m sorry Evan. Copying Kiera on this email also. There was a questioned posed as to subleasing and the answer on our side was an emphatic and unequivocal No. If somehow that got lost in translation, then I apologize. There was a lot of moving parts. The terms that Plaintiff agreed to are set forth in the stipulation. If it doesn’t work for your client than we have not settled the case. There is no ability for short term subleasing. I have no idea what the condition of the interior of the mobilehome is like given all the people coming in and out of the mobilehome. We assume it is in poor condition. I have spoken with my client and we can add another 5K to make it a 7K cash for keys signing over the title of the mobilehome if it helps. If it does not, then Ms. Valentine can move to sell the mobilehome quicker after Vanessa vacates. There was no open ended ability to conduct an on-site sale. From: Evan Harris <eharris@crla.org> Sent: Tuesday, March 4, 2025 9:55 AM To: Judy Tsai <judy@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, Thank you for your patience. I would like to request the following revisions to the stipulation agreement to accurately reflect the terms discussed at the MSC: Substantive Revisions Page 2, Item 2 & Page 3, Item 7: At the MSC, we agreed that Ms. Valentine may rent out the mobile home until November 30, 2025, at which time she may conduct an on-site sale to a park-approved buyer. Ms. Valentine’s ability to rent the home out during this period is a key component of the agreement, and she understands that any sublessee would need to obtain park approval. Candidly, while Ms. Valentine intends to sell the home soon, it is important that this option remains available to her. Accordingly, I propose the following revisions to Items 2 and 7, along with the addition of the recital below: Revised Item 2: "Judgment shall not be entered, and a writ shall not issue, so long as Defendants agree to vacate the mobile home located on the Subject Premises on or before June 15, 2025. Defendants may rent out the mobile home until November 30, 2025, at which time they may conduct an on-site sale of the home to a park-approved buyer. Any sublessee(s) shall be subject to park approval." 13 Revised Item 7: "If Defendants timely vacate the premises on or before June 15, 2025, in accordance with Paragraph 2 of this Stipulation, Plaintiff agrees to permit Defendants to conduct an on-site sale of Defendant’s mobile home in accordance with the Mobilehome Residency Law to a park-approved buyer through November 30, 2025." Additional Recital: WHEREAS, Plaintiff further agrees that Defendant may rent out the mobile home until the sale is completed, provided that any sublessee is subject to park approval." Minor Revisions Page 2, Line 15: Correct "Valenetine" to "Valentine." Page 3, Item 6: Please remove "in care of Evan Harris" and update the payment address for the $2,000 payment to: Please let me know if you have any questions or require further clarification. I appreciate your time and attention to these revisions. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Th e lin ked ima Th e lin ked ima Th e lin ked ima The linked image cannot Th e lin ked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, March 4, 2025 9:52 AM To: Evan Harris <eharris@crla.org> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: RE: [EXTERNAL] South Peak v. Valentine Evan, I missed the correction of address to get this signed as of yesterday. Revised attached. Can you please get this signed today? From: Evan Harris <eharris@crla.org> Sent: Friday, February 28, 2025 2:24 PM To: Judy Tsai <judy@judytsai.com> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: Re: [EXTERNAL] South Peak v. Valentine Hello Judy, 14 Thank you for drafting this agreement. Regarding item 6, could you please update the address for the $2,000 payment to the following: My client is currently traveling, and I have been unable to reach her today. I anticipate having the agreement executed by Monday, March 3rd. Please let me know if you need anything further. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked ima The linked ima The linked ima The linked image cannot The linked ima CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Judy Tsai <judy@judytsai.com> Sent: Thursday, February 27, 2025 5:16 PM To: Evan Harris <eharris@crla.org> Cc: Melissa Lawley <melissa@harmonycom.com> Subject: [EXTERNAL] South Peak v. Valentine Hi Evan. Can you please review the stip attached memorializing the agreed upon terms. Once you have your clients sign, I will have my client sign and filed with the court to vacate the trial. Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive Suite 180 Sunnyvale, CA 94085 Ph: 408-775-8848 Ex. 1001 F: 408-775-8838 790 From:Symens, Sadie Sent:Tuesday, June 24, 2025 5:01 PM To:Matt Davies; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Letter to South Peak Mobile Home Park 053025 (1).pdf; Request for Director's Review.pdf Hello, I apologize that the director’s review document was not enclosed. I have included it here. The City provided the basis for enforcement on May 30, 2025. Additionally, Harmony Communities has recognized the unit as a mobilehome consistently throughout Ms. Valentine’s tenancy and as recently as May 1, 2025, including the rental agreement, the unlawful detainer action and settlement, and the Information for Prospective Homeowners document. The Mobile Home Park Rent Stabilization Ordinance is not as narrowly applicable as Harmony Communities appears to believe. Further, Ms. Valentine was entitled to occupy the mobilehome under her lease until her tenancy was terminated, and the unlawful detainer action has no effect on the applicability of SLOMC 5.44.060(C), which prohibits increases in excess of 10% upon change in ownership; that is, the protection contemplated by that section is as to the space (for continuity of affordability) and not to the existing/former resident. SLOMC 5.44.010(E) clarifies the legislative intent. Again, please refer to my letter dated May 30, 2025, attached again here. The applicability of H&S 18009.3 and 18010 on a mobilehome unit that has been in place as a primary residence since, according to the records you have provided, at least 2018 is unclear to me, so I cannot respond to that particular argument. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 791 From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:41 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, That’s unfortunate. Your characterization of our characterization is inaccurate. We don’t characterize it in any manner. It’s not up to us. We simply follow state law. State law defines what an RV is. See H&S 18009.3 and 18010. A park model is a type of RV. https://www.aamva.org/policy/policy-positions/recreational-park- trailer#:~:text=A%20park%20model%20recreational%20vehicle,feet%20in%20the%20setup%20mode . https://www.gorving.com/explore-rvs/park-model- rvs#:~:text=The%20Seasonal%20RV,the%20possible%20features%20and%20amenities . https://www.championhomes.com/our-homes/park-model- rv#:~:text=What%20is%20a%20Park%20Model,U.S.%20and%20most%20Canadian%20provinces.\ It seems that you are having an issue based on what you see visually. The above links will help you understand that this is indeed an Rvand will give you more insight on the product type. It still has its wheels and axels attached, and the hitch is located underneath the unit. The NOV does not have an enclosure. Please email me the enclosure and we will file with the director. Further, please respond to the points made in Jason’s email so we may understand the city’s position related to recreational vehicles and tenancies. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 3:28 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for confirming receipt of the notice of violation. We do not intend to rescind the Notice. Information on requesting a director’s review is on page 2 of the Notice of Violation. So that I am clear, can you confirm that the unit Harmony Communities is characterizing as an RV is the unit depicted in the photo attached? Thank you, 792 Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:03 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, 793 Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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 794 mobile home.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com 795 On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. 796 Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. 797 From: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM 798 To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> 799 Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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. <Letter to South Peak Mobile Home Park 053025.pdf> 809 From:Symens, Sadie Sent:Tuesday, June 24, 2025 3:28 PM To:Matt Davies; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Image (1).jpg Hello, Thank you for confirming receipt of the notice of violation. We do not intend to rescind the Notice. Information on requesting a director’s review is on page 2 of the Notice of Violation. So that I am clear, can you confirm that the unit Harmony Communities is characterizing as an RV is the unit depicted in the photo attached? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 24, 2025 3:03 PM To: Symens, Sadie <ssymens@slocity.org>; Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also 810 posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> 811 Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 812 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications 813 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office 814 E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> 815 <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. 816 Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 817 YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. <Letter to South Peak Mobile Home Park 053025.pdf> 818 From:Matt Davies <matt@harmonycom.com> Sent:Tuesday, June 24, 2025 3:03 PM To:Symens, Sadie; Jason Dilday Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:valentine.pdf; IMG_7853.jpeg Hello Sadie, Please see the attached registration for the 23/24 year. Since this is an RV(vehicle), you only get one pink slip on purchase. It is attached. The DMV issued a new pink slip to Valentine after she purchased it. The attached was also posted on the door of her unit today. Please advise if you will be rescinding in light of Jason’s email. Otherwise, we dispute the violation and request a hearing. Please advise as to the process to dispute this violation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 1:57 PM To: Jason Dilday <jason@harmonycom.com> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for that information. Could you please provide registration and title for the year you sold the unit to Linda Valentine? The one you attached was from 2018. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org slocity.org Stay connected with the City by signing up for e-notifications 819 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: Jason Dilday <jason@harmonycom.com> Sent: Thursday, June 19, 2025 3:25 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Matt Davies <matt@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. 820 Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. 821 Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, 822 I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. 823 Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 824 Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> 825 <image003.png> <image004.png> <image005.png> <image006.png> 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. <Letter to South Peak Mobile Home Park 053025.pdf> 833 From:Mariah Thompson <mthompson@crla.org> Sent:Tuesday, June 24, 2025 1:47 PM To:Symens, Sadie Cc:Patsy Van Dyke Subject:Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Attachments:RT_ESCROW_AND_TITLE_SEARCHES_run_on_24-Jun-2025.pdf I have not been to the park and our local attorney on this case, Evan, is currently out of office. But that looks like a park model unit and has the same address so I don't see any reason that wouldn't be the correct unit. Attached is the title search for the unit. I have sent additional questions to the registration/titling department because of discrepancies between the title and the sales contract. I am specifically asking HCD whether titling should currently be going through HCD or DMV. I am wondering if Harmony failed to follow the appropriate process when it acquired the unit and then sold the unit. It looks like the unit HCD registration has not been updated in a long time and was never updated with CA MHP Investors 3, LLC (Bruce Davies/Harmony company) as the legal owner. Notably, Harmony also did not produce to you a recent registration-- they produced a DMV registration from 2018. If I were you, I would ask Harmony for the registration and title for the year that they sold the unit to CRLA's client. Mariah Thompson she/her/ella | Senior Litigator California Rural Legal Assistance, Inc. mthompson@crla.org (559) 441-8721 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 24, 2025 11:04 AM To: Mariah Thompson <mthompson@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org> Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Thank you. I drove by Space A28. Could you confirm that this is your client’s unit? 834 835 On Jun 24, 2025, at 9:54 AM, Mariah Thompson <mthompson@crla.org> wrote: Good morning, I can actually ask my contact at HCD's registration department about this. I will do this now. I would think that it would have been but let me confirm. Thanks, Mariah Thompson she/her/ella | Senior Litigator California Rural Legal Assistance, Inc. <C2_signature_msg_60437b2c-1a55-4bd4-933f-6012a97256b3.png> mthompson@crla.org <C2_signature_phone_f1f87ccc-6c1e-43c4-9096-0c070108fb9e.png> (559) 441-8721 836 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Patsy Van Dyke <pvandyke@crla.org> Sent: Tuesday, June 24, 2025 10:52 AM To: Symens, Sadie <ssymens@slocity.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Not to our knowledge. Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. <Image.png> pvandyke@crla.org <Image.png> (831) 757-5221 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, June 23, 2025 5:26:07 PM To: Patsy Van Dyke <pvandyke@crla.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine You don't often get email from ssymens@slocity.org. Learn why this is important Hello, Thank you for that additional information. Do you know if the unit has ever been registered with HCD? I agree that the DMV registration is not determinative, but I just want to make sure I have all the information. Thank you again. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> 837 <image003.png> <image004.png> <image005.png> <image006.png> 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: Patsy Van Dyke <pvandyke@crla.org> Sent: Friday, June 20, 2025 4:04 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Mariah Thompson <mthompson@crla.org> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Dear Ms. Symens: Thank you for following up on this matter. Evan Harris is on vacation, so I will be the point person on the matter (with assistance from Mariah Thompson) until at least July 7, 2025. With respect to Mr. Dilday's arguments about Ms. Valentine's home being a recreational vehicle that is not subject to the City's Rent Stabilization Ordinance (RSO), I refer you to our earlier submissions and communications. Moreover, the type of registration is not relevant for the purpose of determining whether the RSO applies. It is not one of the criteria raised in the RSO. Further, Mr. Dilday ignores that this unit is permanently installed, including the utility installation. It is not "readily moved" simply attaching it to a pickup truck with a trailer hitch. It is undisputed that this unit has been occupied as a permanent residence with the full knowledge and consent of Harmony. Indeed, this argument that Ms. Valentine's home is a recreational vehicle and not a "mobilehome" is belied by the very documents Mr. Dilday relies upon to try to deny Ms. Valentine's ownership and legal occupancy of the site. For example, the stipulation itself refers to the unit as a "mobilehome" in multiple places, See, e.g. Paragraphs 2, 7, and 8. Paragraph 8 also makes clear that Harmony will continue to collect rent for the space occupied by Ms. Valentine's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. Valentine is the owner of the mobilehome that legally occupies that space, and pursuant to which Harmony still seeks to collect rent. Thus, any argument that she is not a "tenant" based on the stipulation is unfounded. Mr. Dilday is manufacturing arguments after the fact out of thin air in a brazen attempt to avoid application of the RSO. 838 The parties' course of conduct further confirms that the parties consider Ms. Valentine's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. Valentine to sign a 30-year lease. A long-term lease would not have been necessary if the unit was considered a recreational vehicle that was exempt from the RSO. Further, the information sheet distributed by Harmony for prospective purchasers also refers to the unit as a "home" as does the sales contract or home purchase agreement signed by Ms. Valentine when she initially purchased the unit from Harmony. Please contact me if you require any additional information. Thank you for your prompt consideration of this matter. Sincerely, Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. <image007.png> pvandyke@crla.org <image008.png> (831) 757-5221 <image009.png> 3 Williams Road, Salinas, CA 93905 <image010.jpg> <image011.png><image012.png><image013.png><image014.png> CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribu or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS Title Search Date Printed: Jun 24, 2025 Decal #:AAS7398 Use Code:SFD Manufacturer:ROADLINER Original Price Code:AAN Tradename:ROADLINER Rating Year:1962 Model: Tax Type:ILT Manufactured Date:01/01/1962 Last ILT Amount:$2.00 Registration Exp:05/31/2018 Date ILT Fees Paid:06/18/2017 First Sold On:01/01/1962 ILT Exemption:NONE Serial Number HUD Label / Insignia Length Width X35223 40'10' Record Conditions: HCD Lien Placed on Unit for 120 ILT Delinquency Registered Owner: VILLAGE PROPERTIES LLC 145 SOUTH ST SAN LUIS OBISPO, CA 93401 Last Title Date:01/06/2000 Last Reg Card:07/18/2017 Sale/Transfer Info:Price $3,726.00 Transferred on 11/05/1999 Situs Address: 145 SOUTH ST SP A28 SAN LUIS OBISPO, CA 93401 Inactive Decal/DMV: DMV BL6623 Renewal Fees: $322.00 Last Expiration Date: 5/31/2018 *Registration renewals are automatically calculated and may be subject to error. Please reach out to ContactRT@hcd.ca.gov to verify the amount due.* ***END OF TITLE SEARCH*** 860 From:Patsy Van Dyke <pvandyke@crla.org> Sent:Friday, June 20, 2025 4:04 PM To:Symens, Sadie Cc:Mariah Thompson Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/Valentine Attachments:March 12 UD Stipulation Agreement.pdf Dear Ms. Symens: Thank you for following up on this matter. Evan Harris is on vacation, so I will be the point person on the matter (with assistance from Mariah Thompson) until at least July 7, 2025. With respect to Mr. Dilday's arguments about Ms. Valentine's home being a recreational vehicle that is not subject to the City's Rent Stabilization Ordinance (RSO), I refer you to our earlier submissions and communications. Moreover, the type of registration is not relevant for the purpose of determining whether the RSO applies. It is not one of the criteria raised in the RSO. Further, Mr. Dilday ignores that this unit is permanently installed, including the utility installation. It is not "readily moved" simply attaching it to a pickup truck with a trailer hitch. It is undisputed that this unit has been occupied as a permanent residence with the full knowledge and consent of Harmony. Indeed, this argument that Ms. Valentine's home is a recreational vehicle and not a "mobilehome" is belied by the very documents Mr. Dilday relies upon to try to deny Ms. Valentine's ownership and legal occupancy of the site. For example, the stipulation itself refers to the unit as a "mobilehome" in multiple places, See, e.g. Paragraphs 2, 7, and 8. Paragraph 8 also makes clear that Harmony will continue to collect rent for the space occupied by Ms. Valentine's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. Valentine is the owner of the mobilehome that legally occupies that space, and pursuant to which Harmony still seeks to collect rent. Thus, any argument that she is not a "tenant" based on the stipulation is unfounded. Mr. Dilday is manufacturing arguments after the fact out of thin air in a brazen attempt to avoid application of the RSO. The parties' course of conduct further confirms that the parties consider Ms. Valentine's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. Valentine to sign a 30-year lease. A long-term lease would not have been necessary if the unit was considered a recreational vehicle that was exempt from the RSO. Further, the information sheet distributed by Harmony for prospective purchasers also refers to the unit as a "home" as does the sales contract or home purchase agreement signed by Ms. Valentine when she initially purchased the unit from Harmony. Please contact me if you require any additional information. Thank you for your prompt consideration of this matter. Sincerely, Patsy Van Dyke | Senior Litigator California Rural Legal Assistance, Inc. pvandyke@crla.org 861 (831) 757-5221 3 Williams Road, Salinas, CA 93905 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribu tion, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. 875 From:Jason Dilday <jason@harmonycom.com> Sent:Thursday, June 19, 2025 3:25 PM To:Symens, Sadie Cc:Matt Davies Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Space A28.pdf Ms. Symens, As Matt mentioned and explained more fully below, we disagree that the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance”) applies to Ms. Valentine’s RV at Space A28. The Ordinance’s protections apply to “mobile homes,” a term undefined in the text but clearly tied to structures with “high cost and impracticability of moving” and “requirements relating to installation” (SLOMC §5.44.010). Ms. Valentine’s RV, as a vehicle registered with the DMV and designed for mobility, does not meet these criteria. Unlike mobile homes, which are structures registered with HCD, RVs are built for easy relocation and lack the burdens of cost, damage, or site preparation that the Ordinance addresses. The Ordinance’s focus on these unique challenges does not extend to RVs. Even if the RV were considered a mobile home, Ms. Valentine does not qualify as a “tenant” under SLOMC §5.44.020(D), which defines a “tenant” as “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.” The RV is required to remain vacant until sold, meaning Ms. Valentine is not currently “entitled to occupy” it, as the Ordinance requires for tenant status. The Ordinance does not incorporate Cal. Civ. Code §798.3(b), which extends certain Mobilehome Residency Law (MRL) protections to RVs meeting specific occupancy criteria. Enacted after the Ordinance’s last amendment in 1988 (Ord. 1117), §798.3(b) is irrelevant unless explicitly adopted, which the Ordinance does not do. The City cannot retroactively apply a modern state law definition to a 1988 ordinance without legislative action. Using the MRL’s 1988 definition undermines the City’s position: Mobilehome is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Moreover, under the MRL, an RV is not a mobilehome. While §798.3(b) may grant RV tenants certain protections after nine months of occupancy, it does not classify RVs as mobilehomes. Unlike actual mobilehomes, section 798.73 explicitly permits parks to require RV removal upon sale. In summary, the Ordinance’s protections do not extend to Ms. Valentine’s RV, which is neither a mobile home nor occupied by a qualifying tenant. We remain committed to complying with all applicable laws and invite 876 further discussion if the City believes additional facts warrant a different conclusion. Attached is the 2018-2019 DMV registration card for the RV that we had in the file as well as Ms. Valentine’s purchase agreement. Thank you. Jason Dilday 949-891-1627 From: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:25 PM To: Sadie Symens <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: Re: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie Yes we received it. We disagree for numerous reasons. Jason will respond to you tomorrow. I’ll also reforward you my email to the other tenant you were on so you have it. In my opinion this is the same scenario, however Jason will provide a much more robust response. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com On Jun 18, 2025, at 6:20 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Mr. Davies, The last I received from you was an email on June 10th saying you would get back to me, but I do not believe you have done so until today. I apologize if I missed an email. Does South Peak have a response to the arguments I set forth in the letter from May 30th? I have attached it again here. I will also note that South Peak has referred to the mobile home as such in at least two documents, including the lease agreement and the Information for Prospective Homeowners dated May 1, 2025. Absent information from South Peak that this structure is not subject to the Mobile Home Park Rent Stabilization Ordinance (beyond the stated assertion that the structure is a recreational vehicle, which, for the reasons set forth in my letter, is not determinative), the City intends to pursue enforcement as stated below. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office 877 E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Matt Davies <matt@harmonycom.com> Sent: Wednesday, June 18, 2025 6:11 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Jason Dilday <jason@harmonycom.com> Subject: RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Did you receive my prior email? You never responded. This is an RV as well. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 6:05 PM To: Matt Davies <matt@harmonycom.com> Cc: Melissa Lawley <melissa@harmonycom.com>; eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance: High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. 878 Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> 879 City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). 880 To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. <image007.png> eharris@crla.org <image008.png> (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 881 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. <Letter to South Peak Mobile Home Park 053025.pdf> I I THIS VALIDATED REGISTRATION CARD OR A FACSIMILE COPY IS TO BE KEPT WITH THE VEHICLE FOR WHICH IT IS ISSUED. THIS REQUIREMENT DOES NOT APPLY WHEN THE VEHICLE IS LEFT UNATTENDED. I T NEED NOT BE DISPLAYED. PRESENT IT TO ANY PEAC OFFICER UPON DEMAND. IF YOU DO NOT RECEIVE A RENEWAL NOTICE, USE THIS FORM TO PAY YOUR RENEWAL FEES OR NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THE PLANNED NON -OPERATIONAL STATUS (PNO) OF A STORED VEHICLE. RENEWAL FEES MUST BE PAID ON OR BEFORE THE REGISTRATION EXPIRATION DATE OR PENALTIES WILL BE DUE PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 9552 -9554. NOTE: TRAILER COACHES MUST BE REGISTERED AND ARE NOT ELIGIBLE FOR FILING A STATUS OF PLANNED NO~NC0PERAT_f 0N~. ""'. /2 ;(,,/ \'.11Rex,. -~·· /h.V. \ • ,,s, EVIDENCE OF LIABILITY INSURAAJCE FROM XQ._UR tN~Ur:CE COMPANY MUST BE PROVIDED TO THE DEPARTMENT WITH THE fA~_J'<.,.{2f~REN~A.._!i,~ EES. EVIDENCE OF LIABILITY INSURANCE IS NOT REQUIRED W~T~~EGIS!R;ATipN M~ EWAL OF OFF-HIGHWAY VEHICLES, TRAILERS, VESSELS, OR IF YOU;FILE~As PNO 0~ ~JtvEHICLE. ' -~9 !,-,' WHEN WRITING TO DMV, ALWAYS ~\~E,Y9.PR ~q¼~ ~~E, PRESENT ADDRESS, AND THE VEHICLE MAKE, LICENSE, AND IDENTIF~CAT ION~BERS. ~ ************** DO NOT DETACH -REGISTERED OWNER INFORMATION ************** TA1l R I 'J ~ r fl'ARTl'(MMF AINOR VEl«'llS A Public $ervfr~P, f1n,:,n,..., REGISTRATION CARD VALID FROM: 04/14/2018 TO: 04/30/2019 MAKE YR MODE L YR 1 S T SOLO CHA 2018 2018 BODY T YPE MODEL MP MO CCH ZS 'l"YPE VE'.HICLE USE DATE ISSUED TRAILER 05/03/18 REGISTERED OWN ER 145 SOUTHSLO LLC 14 5 SOUTH ST ;ttAW SN LUIS OBISP CA 93401 U~OLDER VLF CLASS TYPE VEH NN 41T CC/A LCO D'l' FEE RECVD PIC 40 05 /03 /18 5 AMOUNT DUE: AMOUNT RECVD $ 564.00 CASH JJ .,-.. ·-., OHCK CRDT TY PE L I C LZC'£NSE NUMB E R 40 VEHICLE I D NUMBER STI CKER ISSUED K5446517 AMOUNT PA I D $ 564.00 AOl 691 C4 0056400 0042 CB A01 050318 40 1MP2076 28~ \ " Home Purchase Agreement I. PARTIES-[please print] California MHP Investors 3, LLC (Seller) agrees to sell and convey to ....:::L=i=n=d=a=V:::::::::a:::le=n=t=in=e================ (Purchaser). And Purchaser agrees To buy from Seller the Property described below. II. PROPERTY [insert description of the home and address where home is currently located]: Year: 20 18 Width: 11 '5" Length: 36'9" ------- Make: champion Model: ------- Serial Number: C t Add 145 South st #A28 San Luis Obispo CA 93401 urren ress: ____________ _ Legal Description of Land if being included in Loan: _N_A _________ _ Ill. PURCHASE PRICE The Parties agree that the total purchase price is$ 95000 (plus all applicable sales "f ) S I TB D O h Buyer to pay title/OMV fees Th I h . tax, 1 any . a es Tax_______ t er _______ . e tota pure ase price includes a deposit in the amount of$ 2000 [enter N/A if no deposit will be or has been paid by the Purchaser]. IV. MISCELLANEOUS Seller Seller (a) Financial Contingency-loan to be obtained. This agreement is conditional upon Ability to obtain a loan to purchase the Property. (b) Seller warrants that he/she/it is conveying title to the home and land, if applicable, Free and Clear of all liens and encumbrances. Date Buyer Date Date Buyer Date 888 From:Matt Davies <matt@harmonycom.com> Sent:Wednesday, June 18, 2025 6:24 PM To:Symens, Sadie Cc:Jason Dilday Subject:FW: South Peak MHP, # , San Luis Obispo, CA Resending this. Please confirm receipt. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Matt Davies <matt@harmonycom.com> Sent: Tuesday, June 10, 2025 9:25 AM To: Cc: ssymens@slocity.org; Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # , San Luis Obispo, CA Sherry, You live in a recreational vehicle and have no rights to sell said vehicle in place under state law(see civil code 798). In light of our disagreement, we will not be providing any documentation and you will need to have the RV removed upon sale. Thank you in advance for your cooperation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Main: (209) 932-8747 Matt@HarmonyCom.com From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, June 10, 2025 8:46 AM Please see below Thank you, Melissa Lawley Senior Regional Manager 889 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 10, 2025 7:38 AM To: Sherry Enns < ; Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # , San Luis Obispo, CA Hello Sherry, Thank you for reaching out. Please feel free to forward to our office any rent increases in violation of the San Luis Obispo Municipal Home Park Rent Stabilization Ordinance. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Sherry Enns < Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, # , San Luis Obispo, CA 890 When we do get a buyer, please put the new land lease amount in writing so we can mail a copy to the City of SLO, District Attorney, Christine Dietrick who is examining the case for land lease price gouging. 990 Palm St San Luis Obispo, CA 93401 Thank you, Sherry Enns Norman Enns Space Sent from my iPhone 900 From:Symens, Sadie Sent:Wednesday, June 18, 2025 6:05 PM To:Matt Davies Cc:melissa@harmonycom.com; eharris@crla.org Subject:Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Importance:High Hello Mr. Davies, I sent the below message to Judy Tsai earlier today and was informed that she is no longer representing South Peak in this matter. Please see the below, and please let me know if South Peak has retained alternate legal counsel. The City reiterates its invitation to discuss this matter and/or Ms. Valentine’s specific situation and otherwise appreciates your anticipated cooperation. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Symens, Sadie Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, 901 It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 902 Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org slocity.org 903 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. 920 From:Judy Tsai <judy@judytsai.com> Sent:Wednesday, June 18, 2025 3:51 PM To:Symens, Sadie; Evan Harris Subject:RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Sadie, I believe Mr. Davies already reached out to you directly. I was copied on the email. From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 3:48 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello, Thank you for your reply. Can you please provide me with the contact information for your client or their counsel, if they are represented in this matter? Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Judy Tsai <judy@judytsai.com> Sent: Wednesday, June 18, 2025 3:43 PM To: Symens, Sadie <ssymens@slocity.org>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 921 Hi. I am not the attorney that will be handling this issue. I have forwarded your email to my client. From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 3:39 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Ms. Tsai, It has been two weeks since your last email, so I am following up. Please confirm by June 25, 2025, that South Peak has rescinded the unlawful rental amount for Space A28 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space A28 and similarly situated spaces are compliant with SLO Municipal Code 5.44.060(C). Should South Peak fail to do so, the City will proceed with enforcement of its municipal code, including but not limited to issuance of Notices of Violation (for each unlawful increase), Administrative Citations (for each unlawful increase), escalating and daily accruing fines (for each unlawful increase), and/or civil action for collection of unpaid fines and injunctive relief. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 922 This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers 923 Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 1 From:Matt Davies <matt@harmonycom.com> Sent:Tuesday, June 10, 2025 9:14 AM To:Symens, Sadie Subject:RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, I am back in the country. I will review this week and get back to you on the recreational vehicle in question. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Cell: (209) 601-4538 Main: (209) 932-8747 Matt@HarmonyCom.com From: Judy Tsai <judy@judytsai.com> Sent: Friday, May 30, 2025 4:17 PM To: Matt Davies <matt@harmonycom.com>; Jason Dilday <jason@harmonycom.com> Subject: FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:36 PM To: Judy Tsai <judy@judytsai.com> Cc: eharris@crla.org Subject: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org slocity.org Stay connected with the City by signing up for e-notifications 2 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. 937 From:Evan Harris <eharris@crla.org> Sent:Wednesday, June 18, 2025 2:55 PM To:Symens, Sadie Subject:Re: [EXTERNAL] Email from Linda Valentine Attachments:Communications between South Peaks and CRLA concerning Rent Increase (1).pdf Hello Sadie, 1. The form was provided to my client by Melissa Lawley, Senior Regional Manager of Harmony Communities, via email on May 1 in response to my client’s inquiry about whether any forms need to be completed by a new owner to be accepted into South Peak MHP. My client reports that several prospective buyers have expressed serious interest in purchasing her unit at the current space rent of $767.91, but ultimately declined after learning the rent would increase to $1,595 for a new owner. One such couple is Sherry and Norm Enns ( , current residents of South Peak. They were hoping to move into my client’s larger unit but were shocked by the rent hike and declined to proceed. Notably, the Ennses are also trying to sell their own unit, which carries a current space rent of $730. However, Harmony Communities raised their space rent to $1,350 when they listed it for sale. They too have been unable to secure a buyer at the inflated price. 2. On May 23, I provided you with an email exchange between me and Judy Tsai, in which she maintains that my client’s RV is not subject to mobile home ordinance protections. I’ve attached that email thread here for your convenience. Beyond that statement, to my knowledge, the Park has not provided any documentation or other materials that would preserve this claim. 3. At this time, CRLA is not pursuing any claims against South Peak MHP or Harmony Communities. That said, I believe the Park's conduct is creeping and systematic and may ultimately justify a public claim of this nature by the City. Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Wednesday, June 18, 2025 9:33 AM To: Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Email from Linda Valentine Hi Evan, A few follow-up questions, if you are able to answer them: 938 1. How is the attached being used by the Park? To whom has this been provided? Have any prospective buyers actually declined to pursue the home because of this notice (to your knowledge)? 2. The attached notice and the lease, among other documents, seem to assume that your client’s home is a mobile home. Has the Park provided your client with anything preserving their claim that the “RV” is not subject to mobile home ordinance protections? 3. Are you/CRLA pursuing a private action unfair competition law claim against the Park? Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Evan Harris <eharris@crla.org> Sent: Monday, June 16, 2025 2:21 PM To: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Email from Linda Valentine Hello Sadie, Thank you for bringing this to my attention. Yes, this email is from my client. I’ll follow up with her and make the appropriate clarifications. Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. 939 From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, June 16, 2025 2:11 PM To: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Email from Linda Valentine Hello Evan, I received the attached email from, purportedly, Linda Valentine. I am not sure the email is legitimate (see sender’s email address), but in any case, I do not intend to respond since you represent Linda Valentine. Please clarify with your client that I cannot speak with her directly, nor do I work for the DA. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. Rural Roots, Justice for All 1880 Santa Barbara Avenue, Suite 240 • San Luis Obispo, CA 93401• Tel: 805-544-7994• Fax: 805-544-3904• crla.org Evan Harris California Rural Legal Assistance 1880 Santa Barbara Ave #240 San Luis Obispo, CA 93401 April 28, 2025 Judy Tsai Law Office of Judy Tsai 710 Lakeway Dr Ste 180 Sunnyvale, CA 94085-4048 Subject: Invalid Rent Increase – Space A28, 145 South Street, San Luis Obispo Dear Ms. Tsai, As you are aware, I represent Linda Valentine, the owner of the mobile home located at Space A28 in your client’s park at 145 South Street, San Luis Obispo, CA 93401. I am writing regarding the unlawful rent increase recently imposed by your client. You are already familiar with the relevant facts, as you represented Harmony Communities in its settlement with Ms. Valentine and were copied on the email correspondence between Ms. Valentine and your client’s property management team regarding the rent increase. Ms. Melissa Lawley, Senior Regional Manager for Harmony Communities, appears to misunderstand both the terms of the settlement agreement and the applicable local rent control ordinance. The agreement filed by your office on March 12 does not preserve or continue the prior lease—it replaces it. A valid 60-day notice terminates the tenancy upon expiration of that period. The agreement contains no lease terms and does not incorporate the prior lease by reference. Instead, it grants a temporary right to occupy and complete an on-site sale, with rent deducted from sale proceeds—not paid by the occupants as tenants, and explicitly replaces all prior agreements. Additionally, nothing in the agreement requires Ms. Valentine to assign her lease to a buyer. She is free to sell her mobile home to any buyer lawfully approved by the park, and the park may then enter into a new lease directly with that buyer. Accordingly, the long-term lease exemption under San Luis Obispo Municipal Code § 5.44.030(E) that Ms. Lawley referenced does not apply. The governing provision is instead § 5.44.060(C), which prohibits rent increases exceeding “ten percent of the then-existing space rent” when a mobile home is sold in place and the space is not vacated. The proposed rent Rural Roots, Justice for All 1880 Santa Barbara Avenue, Suite 240 • San Luis Obispo, CA 93401• Tel: 805-544-7994• Fax: 805-544-3904• crla.org increase from Ms. Vale ntine’s current $767.91 space rent to $1,595 constitutes a 108% increase and is therefore plainly unlawful. Please confirm receipt of this letter within seven (7) business days and advise whether Harmony Communities intends to comply with the terms of the settlement agreement and the local rent control ordinance. Sincerely, Evan Harris 940 From:Symens, Sadie Sent:Monday, June 16, 2025 2:12 PM To:eharris@crla.org Subject:Email from Linda Valentine Attachments:rent increase double at south peak mobile park Hello Evan, I received the attached email from, purportedly, Linda Valentine. I am not sure the email is legitimate (see sender’s email address), but in any case, I do not intend to respond since you represent Linda Valentine. Please clarify with your client that I cannot speak with her directly, nor do I work for the DA. Thank you. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 1 From: Sent:Monday, June 16, 2025 2:05 PM To:Symens, Sadie Subject:rent increase double at south peak mobile park Hi Sadie, I received your information from Are you the best contact in DA office to provide information? When I informed Harmony Communities that I would be selling and asked what the rent space would be to new owner they more than doubled it. My understanding is that the city will be undergoing an Administrative Remedy. I am very eager to get this going because my place is vacant and I will be responsible for paying rent space – yet when I told the 24 potential buyers what the new rent space would be, nobody is even remotely interested. The previous Manager of South Peak is Rita Castro and she would like to talk to you or whomever it may be as she quit because of all of the ethics and illegalities of HC. Her phone number If I can help get this moving along, please reach out to me at Evan Harris is my attorney. Thanks, Linda Valentine To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Virus-free.www.avast.com 952 From:Evan Harris <eharris@crla.org> Sent:Friday, June 13, 2025 4:36 PM To:Symens, Sadie Subject:Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Sadie, I'm becoming increasingly concerned that Judy will continue to delay providing a formal response to your letter. As she’s aware, this delay effectively preserves the status quo, allowing South Peak’s unlawful rent increase to remain in place and preventing my client from proceeding with the sale of her unit. Given the harm this is causing, it’s critical that South Peak’s delay tactics not be allowed to continue unchecked. Could you please let me know what the City’s next steps will be if Judy continues to stall, and how much longer the City intends to wait before intervening? Best, Evan Harris he/him | Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 10, 2025 12:34 PM To: Symens, Sadie <ssymens@slocity.org>; Judy Tsai <judy@judytsai.com> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Judy, It has now been more than ten days since the City provided written notice that your client’s proposed rent increase violates the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Please respond promptly with your client’s position. As you are aware, this ongoing delay is materially harming my client, who is under significant time pressure to sell her unit. Without clarity on the space rent, she cannot move forward with the sale. Best, Evan Harris (he/him) | Attorney 953 California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 1880 Santa Barbara Ave, Suite 240, San Luis Obispo, CA. 93401 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribu tion, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 3, 2025 4:02 PM To: Judy Tsai <judy@judytsai.com>; Evan Harris <eharris@crla.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Judy, Thank you for your response. The City is happy to discuss, at your convenience, its determination that Ms. Valentine’s home is subject to the Ordinance, based on the language of the MRL and evidence that the home has been treated as a mobile home by South Peak MHP Management since at least 2023. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 954 From: Judy Tsai <judy@judytsai.com> Sent: Tuesday, June 3, 2025 3:56 PM To: Evan Harris <eharris@crla.org> Cc: Symens, Sadie <ssymens@slocity.org> Subject: RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance This will be reviewed and no, the City’s letter is not dispositive on the issue. This is an RV, and not necessarily covered. The City is stretching to make that definition “fit” into the ordinance. But again, I only received the letter on Friday, and have just returned from court in Fresno so that is my preliminary assessment. From: Evan Harris <eharris@crla.org> Sent: Tuesday, June 3, 2025 3:44 PM To: Judy Tsai <judy@judytsai.com> Cc: Symens, Sadie <ssymens@slocity.org> Subject: Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space A28 at South Peak Mobile Home Park. As the City made clear, such an increase would violate the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. I trust Harmony Communities will therefore withdraw the proposed increase and instead apply the lawful 10% cap permitted under SLOMC § 5.44.060(C). To avoid any further confusion or delay in the sale process, I’d appreciate it if you could confirm in writing that Harmony is no longer pursuing the 108% increase and provide an updated notice reflecting the correct space rent. Please let me know your client’s position as soon as possible so we can move forward appropriately. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. 955 Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 964 From:Sherry Enns < @icloud. Sent:Wednesday, June 11, 2025 8:40 AM To:Symens, Sadie Subject:Re: South Peak MHP, # San Luis Obispo, CA Thank you. Sent from my iPhone On Jun 10, 2025, at 1:43 PM, Symens, Sadie <ssymens@slocity.org> wrote: Hello Sherry, The City Attorney’s office cannot represent you in a dispute with the mobile home park owner, but if you or your attorney believe that you are protected by the Mobile Home Park Rent Stabilization Ordinance (which you can view online here), and that the mobile home park owner is unlawfully increasing your space rent, you may provide that information to our office. Our office may investigate the park for violations of the City’s municipal code. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> 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 965 YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Sherry Enns < Sent: Tuesday, June 10, 2025 11:36 AM To: Symens, Sadie <ssymens@slocity.org> Subject: Fwd: South Peak MHP, # , San Luis Obispo, CA Sent from my iPhone Begin forwarded message: From: Sherry Enns < Date: June 10, 2025 at 11:15:05 AM PDT To: Subject: Fwd: South Peak MHP, # San Luis Obispo, CA I have emailed Deputy District Attorney Sent from my iPhone Begin forwarded message: From: Matt Davies <matt@harmonycom.com> Date: June 10, 2025 at 9:24:52 AM PDT To: Cc: ssymens@slocity.org, Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # San Luis Obispo, CA Okay we’ll not be selling then. We like South Peak and intend to stay at Space . Sherry, You live in a recreational vehicle and have no rights to sell said vehicle in place under state law(see civil code 798). In light of our disagreement, we will not be providing any documentation and you will need to have the RV removed upon sale. Thank you in advance for your cooperation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Main: (209) 932-8747 Matt@HarmonyCom.com From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, June 10, 2025 8:46 AM 966 Please see below Thank you, Melissa Lawley Senior Regional Manager <image007.jpg> 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 10, 2025 7:38 AM To: Sherry Enns < ; Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # San Luis Obispo, CA Hello Sherry, Thank you for reaching out. Please feel free to forward to our office any rent increases in violation of the San Luis Obispo Municipal Home Park Rent Stabilization Ordinance. Sadie Symens pronouns she/her/hers Deputy City Attorney <image001.png> City Attorney's Office E ssymens@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only 967 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: Sherry Enns < Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, # , San Luis Obispo, CA When we do get a buyer, please put the new land lease amount in writing so we can mail a copy to the City of SLO, District Attorney, Christine Dietrick who is examining the case for land lease price gouging. 990 Palm St San Luis Obispo, CA 93401 Thank you, Sherry Enns Norman Enns Space Sent from my iPhone 978 From:Sherry Enns < Sent:Tuesday, June 10, 2025 11:35 AM To:Symens, Sadie Subject:Fwd: South Peak MHP, # San Luis Obispo, CA Recent notice from Harmony Communities Matt Davies (see below). Sent from my iPhone Begin forwarded message: From: Sherry Enns < Date: June 10, 2025 at 11:15:05 AM PDT To: Subject: Fwd: South Peak MHP, # , San Luis Obispo, CA I have emailed Deputy District Attorney Sent from my iPhone Begin forwarded message: From: Matt Davies <matt@harmonycom.com> Date: June 10, 2025 at 9:24:52 AM PDT To: Cc: ssymens@slocity.org, Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # San Luis Obispo, CA Okay we’ll not be selling then. We like South Peak and intend to stay at Space Sherry, You live in a recreational vehicle and have no rights to sell said vehicle in place under state law(see civil code 798). In light of our disagreement, we will not be providing any documentation and you will need to have the RV removed upon sale. Thank you in advance for your cooperation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Main: (209) 932-8747 Matt@HarmonyCom.com From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, June 10, 2025 8:46 AM Please see below 979 Thank you, Melissa Lawley Senior Regional Manager 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 10, 2025 7:38 AM To: Sherry Enns < ; Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # San Luis Obispo, CA Hello Sherry, Thank you for reaching out. Please feel free to forward to our office any rent increases in violation of the San Luis Obispo Municipal Home Park Rent Stabilization Ordinance. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 980 ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Sherry Enns < Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, # , San Luis Obispo, CA When we do get a buyer, please put the new land lease amount in writing so we can mail a copy to the City of SLO, District Attorney, Christine Dietrick who is examining the case for land lease price gouging. 990 Palm St San Luis Obispo, CA 93401 Thank you, Sherry Enns Norman Enns Space Sent from my iPhone 981 From:Matt Davies <matt@harmonycom.com> Sent:Tuesday, June 10, 2025 9:25 AM To: Cc:Symens, Sadie; Melissa Lawley Subject:RE: South Peak MHP, # San Luis Obispo, CA Sherry, You live in a recreational vehicle and have no rights to sell said vehicle in place under state law(see civil code 798). In light of our disagreement, we will not be providing any documentation and you will need to have the RV removed upon sale. Thank you in advance for your cooperation. Regards, Matt Davies Harmony Communities 6653 Embarcadero Dr. Ste. C Stockton, CA 95219 Main: (209) 932-8747 Matt@HarmonyCom.com From: Melissa Lawley <melissa@harmonycom.com> Sent: Tuesday, June 10, 2025 8:46 AM Please see below Thank you, Melissa Lawley Senior Regional Manager 6653 Embarcadero Drive, Ste. C Stockton, CA 95219 Direct: (209) 438-7242 Main: (209) 932-8747 Fax: (209) 451-1297 Melissa@HarmonyCom.com From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, June 10, 2025 7:38 AM To: Sherry Enns < ; Melissa Lawley <melissa@harmonycom.com> Subject: RE: South Peak MHP, # San Luis Obispo, CA 982 Hello Sherry, Thank you for reaching out. Please feel free to forward to our office any rent increases in violation of the San Luis Obispo Municipal Home Park Rent Stabilization Ordinance. Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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: Sherry Enns < Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, # , San Luis Obispo, CA When we do get a buyer, please put the new land lease amount in writing so we can mail a copy to the City of SLO, District Attorney, Christine Dietrick who is examining the case for land lease price gouging. 990 Palm St San Luis Obispo, CA 93401 Thank you, Sherry Enns Norman Enns Sent from my iPhone 996 From:Evan Harris <eharris@crla.org> Sent:Friday, May 30, 2025 4:18 PM To:Symens, Sadie Subject:Re: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Sadie, Your letter looks great. Thank you for putting this together so quickly. Best, Evan Harris () | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org (805) 544-7994 NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Friday, May 30, 2025 3:35 PM To: judy@judytsai.com <judy@judytsai.com> Cc: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 997 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. 998 From:Symens, Sadie Sent:Friday, May 30, 2025 3:36 PM To:judy@judytsai.com Cc:eharris@crla.org Subject:Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Letter to South Peak Mobile Home Park 053025.pdf To Judy Tsai as Counsel for Harmony Properties/South Peak Mobile Home Park, Please find attached a letter regarding reported potential violations of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance by South Peak Mobile Home Park. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. May 30, 2025 Harmony Communities c/o South Peak Mobile Home Park 145 South Street San Luis Obispo, ca 93401 Judy Tsai Law Office of Judy Tsai 710 Lakeway Drive, Ste. 180 Sunnyvale, CA 94085 Re: Proposed South Peak Mobile Home Park Rent Increase To Judy Tsai and Harmony Communities: The City is in receipt of information suggesting that the management of South Peak Mobile Home Park may be operating out of compliance with the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance (the “Ordinance.”) Specifically, the City has received a report from Linda Valentine’s legal counsel that you have proposed a 108% increase in space rent for a mobile home upon sale in place, in violation of San Luis Obispo Municipal Code (“SLOMC”) § 5.44.060(C), as to Space A28. Ms. Valentine’s counsel reports that South Peak declines to recognize Ms. Valentine as a “tenant.” SLOMC § 5.44.020(D) defines “mobile home tenant” or “tenant” as “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.” It is the City’s position that, under the Ordinance, Ms. Valentine is a person “entitled” to occupy the mobile home pursuant to her ownership thereof. The report also indicates that South Peak management is improperly excluding certain types of homes from the Ordinance. The Ordinance does not define “mobile home,” either by inclusion or exclusion. However, the Purpose and Intent statements are guiding. The City’s legislative body identified certain characteristics of mobile homes that warrant protection against unreasonable rent increases: “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[.]” (SLOMC 5.44.010). Homes typically considered “mobile homes” and any other structure described by the above are subject to the protections of the Ordinance. Additionally, Section 798.3 of the Mobilehome Residency Law includes in the definition of a mobile home within a mobile home park, trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. (Ca. Civ. Code § 798.3.) “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law. It is the City’s understanding that Ms. Valentine’s trailer is used for human habitation and has occupied a mobile home site in South Peak Mobile Home Park for nine or more continuous months and therefore meets the definition of a mobile home. Finally, SLOMC §5.44.060(C) states that monthly space rent may, upon change of ownership affecting a mobile home, be increased by no more than ten percent of the space rent existing at the time of such change when the change of ownership does not result in vacation of the space. This limitation is intended to be absolute; in adopting Section 5.44.060(C), the City Council recognized that, prior to the limitation, “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.” (see Ordinance No. 1226 (1992) Series) and SLOMC §5.44.010(E).) It is the City’s position that this section governs the permissible rent increases for spaces upon change in ownership in place, including Space A28, notwithstanding the unlawful detainer filed against Ms. Valentine and subsequent stipulated judgment executed by the parties. Please consider this letter the City’s notice that management’s proposed increase in the space rent for space A28 at South Peak Mobile Home Park by 108% upon change in ownership would constitute a violation of the San Luis Obispo Mobile Home Park Rent Stabilization Ordinance. Sincerely, Sadie Symens Deputy City Attorney 1005 From:Evan Harris <eharris@crla.org> Sent:Friday, May 23, 2025 1:55 PM To:Symens, Sadie Cc:Patsy Van Dyke; Mariah Thompson Subject:Re: [EXTERNAL] RE: Request for Inquiry Regarding Rent Stabilization and Deceptive Business Practices at South Peak Mobile Home Park Attachments:Ms. Valentine's Certificate of Title.jpg; South Peak Park Rules.pdf; March 12 UD Stipulation Agreement.pdf; Western Manufactured Housing Communities Association Rent Increase Form.pdf; Ms. Valentine's Lease.pdf; Communications between South Peaks and CRLA concerning Rent Increase.pdf Hello Ms. Symens, Thank you for your message and for your careful attention to Ms. Valentine’s situation. To clarify, the trailer has never been and is not presently Ms. Linda Valentine’s primary residence. Since the date of purchase in July 2023, the trailer has served as the primary residence of her daughter, Vanessa Valentine. Both Linda and Vanessa Valentine are listed as homeowners on the lease agreement with South Peak Mobile Home Park. Additionally, Ms. Valentine gives full authorization to the City to disclose details of her tenancy as needed to facilitate your investigation. She understands that disclosure may be necessary to evaluate potential violations of the Mobile Home Rent Stabilization Ordinance and supports your efforts to look into this matter thoroughly. Attached are various tenancy documents that may be helpful in your investigation:  Ms. Valentine's Certificate of Title  Ms. Valentine's Lease  March 12, 2025 Unlawful Detainer Stipulation Agreement between South Peaks and Linda and Vanessa Valentine  Western Manufactured Housing Communities Association Rent Increase Form  South Peak Park Rules  Communications between South Peaks and CRLA concerning Rent Increase Please don’t hesitate to reach out if you need any further information. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 1006 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. From: Symens, Sadie <ssymens@slocity.org> Sent: Thursday, May 22, 2025 5:22 PM To: Evan Harris <eharris@crla.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: [EXTERNAL] RE: Request for Inquiry Regarding Rent Stabilization and Deceptive Business Practices at South Peak Mobile Home Park Hello, Thank you for reaching out to our office. While we evaluate your inquiry and consider next steps, I have a couple initial questions:  You stated in your email, “The trailer has been her daughter’s primary residence since purchase and is permanently installed and connected to park utilities.” Has the trailer also been Ms. Valentine’s primary residence since then? If not, when did the trailer become Ms. Valentine’s primary residence?  It is my intention to contact South Peak Mobile Home Park to let them know we have received information that suggests they may be in violation of the Mobile Home Rent Stabilization Ordinance. I do not intend to initially name Ms. Valentine or her unit or otherwise provide details that would reveal her identity. However, my investigation may be limited if I cannot ask specific questions about South Peak’s treatment of this situation, given what your email has indicated about their reasons for the rent increase; does Ms. Valentine authorize disclosure of details of her tenancy to South Peak? Given Ms. Valentine’s vacate date, our office is treating this matter with due haste and diligence. Please reach out if you have any further information that may be helpful to our investigation. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 1007 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: Evan Harris <eharris@crla.org> Sent: Monday, May 19, 2025 5:09 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Request for Inquiry Regarding Rent Stabilization and Deceptive Business Practices at South Peak Mobile Home Park Dear Ms. Symens, I hope this message finds you well. My name is Evan Harris, and I’m an attorney in CRLA's SLO office representing Linda Valentine, a resident of Space A28 at 145 South Street in the South Peak Mobile Home Park, managed by Harmony Communities. I was recently referred to you by Assistant District Attorney Ken Jorgensen after reaching out to his office about a substantial rent increase imposed on my client that I believe may violate Chapter 5.44, Mobile Home Park Rent Stabilization, of the City's Municipal Code. I understand that SLOMC § 5.44.070 allows tenants to file a rent increase complaint with the City Clerk. I’ve advised my client to pursue this option, and she is currently speaking with neighbors who have experienced similar increases. However, it remains unclear whether Harmony is applying these rent hikes in a legally consistent way that would support a coordinated complaint. What is clear is that Harmony’s tactics appear intended to sidestep the City’s rent control ordinance, raising serious concerns about enforcement and tenant protections. Given these circumstances, I believe the matter warrants prompt attention from your office. Background Ms. Valentine owns a 2018 Champion Redman Park Model RV—commonly referred to as a park trailer—located at Space A28. She purchased the unit in July 2023 from California MHP Investors 3, LLC, a company affiliated with Harmony Communities. The trailer has been her daughter’s primary residence since purchase and is permanently installed and connected to park utilities. Harmony consistently represented the unit to her as a mobile home—including in the lease, park rules, rent notices, and other materials. In November 2024, Harmony Communities filed an unlawful detainer action against Ms. Valentine, alleging violations of the park’s guest policy. The matter was resolved in March 2025 via a court-approved settlement. Under the terms of that agreement, Ms. Valentine must vacate the premises by June 30, 2025, but she is permitted to conduct an on-site sale of her unit through November 30, 2025. She is actively trying to sell the home and has received interest from multiple prospective buyers, but each time they learn of the extraordinarily high space rent, they back out. April 2024 Rent Increase and Legal Dispute On April 1, 2024, Harmony’s Senior Regional Manager informed Ms. Valentine that any buyer of her home would be charged $1,595/month in space rent—more than double the current rent of $767.91. I objected on the grounds that SLOMC § 5.44.060(C) limits rent increases to 10% when a mobile home is sold in place and the space is not vacated. 1008 In response, Harmony’s attorney, Judy Tsai, argued that the City's ordinance does not apply because: 1. Ms. Valentine is not a “tenant.” Ms. Tsai asserts that my client lost her tenant status when her lease terminated following the UD notice and settlement. While I don’t dispute the lease termination, I also don’t believe tenancy status determines the applicability of SLOMC § 5.44.060(C). In fact, that chapter contains a narrow exemption for residents on long-term leases—but not for licensees or occupants under a court-approved settlement. By remaining in possession under the agreement and conducting a sale, Ms. Valentine should still qualify for the ordinance’s protections. 2. Ms. Valentine does not own a “mobile home.” It is true that Ms. Valentine’s unit is a park trailer, not a mobilehome under the technical definition in the Mobilehome Residency Law (MRL). However, the trailer is permanently installed, used as her daughter's primary residence in a mobile home park, and— crucially—was repeatedly represented by Harmony Communities as a mobil e home. Ms. Valentine made her investment and long-term housing decisions in reliance on those representations. Furthermore, the city ordinance does not make any attempt to carve out RVs and trailers from its rent protections. Deceptive Practices and Potential B&P § 17500 Violation These circumstances appear to mirror the deceptive practices alleged by the San Joaquin County DA, in conjunction with the SLO DA, in People v. Harmony Communities, LLC, Case No. STK-CV-UBT-2024-0007043. In that case, Harmony was accused of misrepresenting recreational vehicles and trailers as mobile homes, in violation of Business and Professions Code § 17500. The complaint led to a stipulated judgment barring Harmony from engaging in misleading sales and lease practices that obscure the legal distinction between mobile homes and RVs. Ms. Valentine’s experience suggests a similar pattern: Harmony leased a park trailer as a mobile home, collected rent and administered rules under that classification, and is now disclaiming the classification to avoid rent control protections. This misrepresentation has tangible harms—Ms. Valentine is struggling to find a buyer due to the steep rent hike, and she reports that other residents attempting to sell have faced similar increases that make on-site sales nearly impossible. Request for Review Given the potential implications for multiple households and the City’s ability to enforce its rent control laws, I respectfully request that your office consider opening an inquiry into Harmony Communities’ rent-setting practices and related misrepresentations at South Peak. I would be happy to speak further or provide supporting documents. I’ve also copied CRLA attorneys Mariah Thompson and Patsy Van Dyke who are monitoring this issue. Thank you for your time and consideration. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 1009 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. Rural Roots, Justice for All 1880 Santa Barbara Avenue, Suite 240 • San Luis Obispo, CA 93401• Tel: 805-544-7994• Fax: 805-544-3904• crla.org Evan Harris California Rural Legal Assistance 1880 Santa Barbara Ave #240 San Luis Obispo, CA 93401 April 28, 2025 Judy Tsai Law Office of Judy Tsai 710 Lakeway Dr Ste 180 Sunnyvale, CA 94085-4048 Subject: Invalid Rent Increase – Space A28, 145 South Street, San Luis Obispo Dear Ms. Tsai, As you are aware, I represent Linda Valentine, the owner of the mobile home located at Space A28 in your client’s park at 145 South Street, San Luis Obispo, CA 93401. I am writing regarding the unlawful rent increase recently imposed by your client. You are already familiar with the relevant facts, as you represented Harmony Communities in its settlement with Ms. Valentine and were copied on the email correspondence between Ms. Valentine and your client’s property management team regarding the rent increase. Ms. Melissa Lawley, Senior Regional Manager for Harmony Communities, appears to misunderstand both the terms of the settlement agreement and the applicable local rent control ordinance. The agreement filed by your office on March 12 does not preserve or continue the prior lease—it replaces it. A valid 60-day notice terminates the tenancy upon expiration of that period. The agreement contains no lease terms and does not incorporate the prior lease by reference. Instead, it grants a temporary right to occupy and complete an on-site sale, with rent deducted from sale proceeds—not paid by the occupants as tenants, and explicitly replaces all prior agreements. Additionally, nothing in the agreement requires Ms. Valentine to assign her lease to a buyer. She is free to sell her mobile home to any buyer lawfully approved by the park, and the park may then enter into a new lease directly with that buyer. Accordingly, the long-term lease exemption under San Luis Obispo Municipal Code § 5.44.030(E) that Ms. Lawley referenced does not apply. The governing provision is instead § 5.44.060(C), which prohibits rent increases exceeding “ten percent of the then-existing space rent” when a mobile home is sold in place and the space is not vacated. The proposed rent Rural Roots, Justice for All 1880 Santa Barbara Avenue, Suite 240 • San Luis Obispo, CA 93401• Tel: 805-544-7994• Fax: 805-544-3904• crla.org increase from Ms. Vale ntine’s current $767.91 space rent to $1,595 constitutes a 108% increase and is therefore plainly unlawful. Please confirm receipt of this letter within seven (7) business days and advise whether Harmony Communities intends to comply with the terms of the settlement agreement and the local rent control ordinance. Sincerely, Evan Harris 1010 From:Symens, Sadie Sent:Thursday, May 22, 2025 5:22 PM To:Evan Harris Cc:Patsy Van Dyke; Mariah Thompson Subject:RE: Request for Inquiry Regarding Rent Stabilization and Deceptive Business Practices at South Peak Mobile Home Park Hello, Thank you for reaching out to our office. While we evaluate your inquiry and consider next steps, I have a couple initial questions:  You stated in your email, “The trailer has been her daughter’s primary residence since purchase and is permanently installed and connected to park utilities.” Has the trailer also been Ms. Valentine’s primary residence since then? If not, when did the trailer become Ms. Valentine’s primary residence?  It is my intention to contact South Peak Mobile Home Park to let them know we have received information that suggests they may be in violation of the Mobile Home Rent Stabilization Ordinance. I do not intend to initially name Ms. Valentine or her unit or otherwise provide details that would reveal her identity. However, my investigation may be limited if I cannot ask specific questions about South Peak’s treatment of this situation, given what your email has indicated about their reasons for the rent increase; does Ms. Valentine authorize disclosure of details of her tenancy to South Peak? Given Ms. Valentine’s vacate date, our office is treating this matter with due haste and diligence. Please reach out if you have any further information that may be helpful to our investigation. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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. 1011 From: Evan Harris <eharris@crla.org> Sent: Monday, May 19, 2025 5:09 PM To: Symens, Sadie <ssymens@slocity.org> Cc: Patsy Van Dyke <pvandyke@crla.org>; Mariah Thompson <mthompson@crla.org> Subject: Request for Inquiry Regarding Rent Stabilization and Deceptive Business Practices at South Peak Mobile Home Park Dear Ms. Symens, I hope this message finds you well. My name is Evan Harris, and I’m an attorney in CRLA's SLO office representing Linda Valentine, a resident of Space A28 at 145 South Street in the South Peak Mobile Home Park, managed by Harmony Communities. I was recently referred to you by Assistant District Attorney Ken Jorgensen after reaching out to his office about a substantial rent increase imposed on my client that I believe may violate Chapter 5.44, Mobile Home Park Rent Stabilization, of the City's Municipal Code. I understand that SLOMC § 5.44.070 allows tenants to file a rent increase complaint with the City Clerk. I’ve advised my client to pursue this option, and she is currently speaking with neighbors who have experienced similar increases. However, it remains unclear whether Harmony is applying these rent hikes in a legally consistent way that would support a coordinated complaint. What is clear is that Harmony’s tactics appear intended to sidestep the City’s rent control ordinance, raising serious concerns about enforcement and tenant protections. Given these circumstances, I believe the matter warrants prompt attention from your office. Background Ms. Valentine owns a 2018 Champion Redman Park Model RV—commonly referred to as a park trailer—located at Space A28. She purchased the unit in July 2023 from California MHP Investors 3, LLC, a company affiliated with Harmony Communities. The trailer has been her daughter’s primary residence since purchase and is permanently installed and connected to park utilities. Harmony consistently represented the unit to her as a mobile home—including in the lease, park rules, rent notices, and other materials. In November 2024, Harmony Communities filed an unlawful detainer action against Ms. Valentine, alleging violations of the park’s guest policy. The matter was resolved in March 2025 via a court-approved settlement. Under the terms of that agreement, Ms. Valentine must vacate the premises by June 30, 2025, but she is permitted to conduct an on-site sale of her unit through November 30, 2025. She is actively trying to sell the home and has received interest from multiple prospective buyers, but each time they learn of the extraordinarily high space rent, they back out. April 2024 Rent Increase and Legal Dispute On April 1, 2024, Harmony’s Senior Regional Manager informed Ms. Valentine that any buyer of her home would be charged $1,595/month in space rent—more than double the current rent of $767.91. I objected on the grounds that SLOMC § 5.44.060(C) limits rent increases to 10% when a mobile home is sold in place and the space is not vacated. In response, Harmony’s attorney, Judy Tsai, argued that the City's ordinance does not apply because: 1. Ms. Valentine is not a “tenant.” Ms. Tsai asserts that my client lost her tenant status when her lease terminated following the UD notice and settlement. While I don’t dispute the lease termination, I also don’t believe tenancy status determines the applicability of SLOMC § 5.44.060(C). In fact, that chapter contains a narrow exemption for residents on long-term leases—but not for licensees or occupants 1012 under a court-approved settlement. By remaining in possession under the agreement and conducting a sale, Ms. Valentine should still qualify for the ordinance’s protections. 2. Ms. Valentine does not own a “mobile home.” It is true that Ms. Valentine’s unit is a park trailer, not a mobilehome under the technical definition in the Mobilehome Residency Law (MRL). However, the trailer is permanently installed, used as her daughter's primary residence in a mobile home park, and— crucially—was repeatedly represented by Harmony Communities as a mobil e home. Ms. Valentine made her investment and long-term housing decisions in reliance on those representations. Furthermore, the city ordinance does not make any attempt to carve out RVs and trailers from its rent protections. Deceptive Practices and Potential B&P § 17500 Violation These circumstances appear to mirror the deceptive practices alleged by the San Joaquin County DA, in conjunction with the SLO DA, in People v. Harmony Communities, LLC, Case No. STK-CV-UBT-2024-0007043. In that case, Harmony was accused of misrepresenting recreational vehicles and trailers as mobile homes, in violation of Business and Professions Code § 17500. The complaint led to a stipulated judgment barring Harmony from engaging in misleading sales and lease practices that obscure the legal distinction between mobile homes and RVs. Ms. Valentine’s experience suggests a similar pattern: Harmony leased a park trailer as a mobile home, collected rent and administered rules under that classification, and is now disclaiming the classification to avoid rent control protections. This misrepresentation has tangible harms—Ms. Valentine is struggling to find a buyer due to the steep rent hike, and she reports that other residents attempting to sell have faced similar increases that make on-site sales nearly impossible. Request for Review Given the potential implications for multiple households and the City’s ability to enforce its rent control laws, I respectfully request that your office consider opening an inquiry into Harmony Communities’ rent-setting practices and related misrepresentations at South Peak. I would be happy to speak further or provide supporting documents. I’ve also copied CRLA attorneys Mariah Thompson and Patsy Van Dyke who are monitoring this issue. Thank you for your time and consideration. Best, Evan Harris (he/him) | Staff Attorney California Rural Legal Assistance, Inc. eharris@crla.org Office: (805) 544-7994 1880 Santa Barbara Ave #240, San Luis Obipso, CA 93401 1013 CRLA.org NOTICE: If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly forbidden. If you have received this communication in error, please notify us immediately. 1021 From:Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent:Friday, May 9, 2025 12:57 PM To:Amberg, Mark Subject:Re: [EXT]RE: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Yes, thank you. Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us Book time to meet with me From: Amberg, Mark <mamberg@slocity.org> Sent: Thursday, May 8, 2025 3:53 PM To: Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Subject: [EXT]RE: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP ATTENTION: This email DID NOT originate from County Staff. Please proceed with caution when interacting with any embedded links or attachments. Hi Ken, I am following up on some emails – has someone from our office gotten back to you on this? Mark From: Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent: Monday, April 28, 2025 11:07 AM To: City_Attorney <City_Attorney@slocity.org>; Amberg, Mark <mamberg@slocity.org> Subject: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Hi Mark and all, Our office has received a couple of complaints from South Peak mobile home park residents contending that when trying to sell their units, the management team advises potential buyers that the new space rent is going from about $700 to more than $1200. It appears section 5.44 et al. may apply, creating a procedure for increasing rent. Is there someone I can speak to about this? 1022 Just so you know, our office settled a state-wide consumer protection case against Harmony Communities, Southpeak’s management team last year. https://www.slocounty.ca.gov/departments/district-attorney/latest- news/2024/august/da-settles-civil-suit-with-mobile-home-park-operator-harmony-communities,-inc-and- related-real-esta. This park owner is also the subject of many other lawsuits throughout the state. Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us 1024 From:Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent:Wednesday, April 30, 2025 2:47 PM To:Symens, Sadie Subject:Re: [EXT]RE: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Thank you, Sadie! This is very useful information. 덞덛덟덜덝 Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us Book time to meet with me From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, April 28, 2025 9:14 PM To: Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Subject: [EXT]RE: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP ATTENTION: This email DID NOT originate from County Staff. Please proceed with caution when interacting with any embedded links or attachments. Hi Kenneth, I took a closer look at Chapter 5.44 of the City’s municipal code. Chapter 5.44.040 appears to be an unintentional remnant that should have been removed upon deletion of 5.44.030(F) (the exemption for spaces in a mobile home park in which at least 66.67 percent of said spaces are governed by a lease with an initial term of more than one year) under Ordinance No. 1228 in 1992, so that section is not helpful for this situation. I also don’t think 5.44.070-5.44.110 (application for rent adjustment) is quite appropriate since the existing tenants are not the ones who will be subject to the threatened and objectionable space rent rate, and, as I understand it, the park owner has not actually noticed an increased space rent. In the situation at hand, in which the tenants are selling their mobile homes (rather than vacating the spaces), I agree that Section 5.44.060(C) would govern. There does not seem to be a formal mechanism for the tenants to grieve the threatened increase, but if they are able to provide information to the City that the park owner intends to violate that section, the City may investigate and take appropriate action as necessary. Information can be provided to the City Clerk’s office. Sadie Symens pronouns she/her/hers Deputy City Attorney You don't often get email from ssymens@slocity.org. Learn why this is important 1025 City Attorney's Office E ssymens@slocity.org 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: Symens, Sadie <ssymens@slocity.org> Sent: Monday, April 28, 2025 11:36 AM To: Kenneth Jorgensen <kjorgensen@co.slo.ca.us>; City_Attorney <City_Attorney@slocity.org>; Amberg, Mark <mamberg@slocity.org> Subject: RE: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Hello Kenneth, As you could probably tell from reviewing Chapter 5.44, the applicability of that chapter is very fact-specific. We were recently made aware of a change in state law that would allow (but not obligate) the City to remove the exemption for long-term leases from the rent stabilization ordinance (see Section 5.44.030(E)), but the City has not begun the process for any such amendment. I am available to discuss the South Peak situation. You may email me directly or call me at (805) 781-7512. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org 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 1026 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: Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent: Monday, April 28, 2025 11:07 AM To: City_Attorney <City_Attorney@slocity.org>; Amberg, Mark <mamberg@slocity.org> Subject: 5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Hi Mark and all, Our office has received a couple of complaints from South Peak mobile home park residents contending that when trying to sell their units, the management team advises potential buyers that the new space rent is going from about $700 to more than $1200. It appears section 5.44 et al. may apply, creating a procedure for increasing rent. Is there someone I can speak to about this? Just so you know, our office settled a state-wide consumer protection case against Harmony Communities, Southpeak’s management team last year. https://www.slocounty.ca.gov/departments/district-attorney/latest- news/2024/august/da-settles-civil-suit-with-mobile-home-park-operator-harmony-communities,-inc-and- related-real-esta. This park owner is also the subject of many other lawsuits throughout the state. Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us 1032 From:Kenneth Jorgensen <kjorgensen@co.slo.ca.us> Sent:Monday, April 28, 2025 11:07 AM To:City_Attorney; Amberg, Mark Subject:5.44 Mobile Home Park Rent Stabilizer| South Peak MHP Hi Mark and all, Our office has received a couple of complaints from South Peak mobile home park residents contending that when trying to sell their units, the management team advises potential buyers that the new space rent is going from about $700 to more than $1200. It appears section 5.44 et al. may apply, creating a procedure for increasing rent. Is there someone I can speak to about this? Just so you know, our office settled a state-wide consumer protection case against Harmony Communities, Southpeak’s management team last year. https://www.slocounty.ca.gov/departments/district-attorney/latest- news/2024/august/da-settles-civil-suit-with-mobile-home-park-operator-harmony-communities,-inc-and- related-real-esta. This park owner is also the subject of many other lawsuits throughout the state. Sincerely, Ken Jorgensen Deputy District Attorney San Luis Obispo County 1035 Palm Street │San Luis Obispo, CA 93408 (805) 781-5800 │kjorgensen@co.slo.ca.us 1033 From:Zion, Sarah Sent:Tuesday, August 6, 2024 3:52 PM To:Amberg, Mark Subject:RE: Phone Call: Mobile Home Rent Increase Ok, thank you for letting me know. From: Amberg, Mark <mamberg@slocity.org> Sent: Tuesday, August 6, 2024 3:42 PM To: Zion, Sarah <SZion@slocity.org> Subject: RE: Phone Call: Mobile Home Rent Increase It depends. You can always let them know they can file a complaint if they disagree with a proposed rent increase. If they have general questions about how our ordinance works, feel free to refer them to me or another attorney in the office. From: Zion, Sarah <SZion@slocity.org> Sent: Tuesday, August 6, 2024 3:38 PM To: Amberg, Mark <mamberg@slocity.org> Subject: RE: Phone Call: Mobile Home Rent Increase Thank you for letting me know, I’ll create the task now. In the future, if someone calls regarding the rent stabilization ordinance, since I believe we’ve received a couple, should I just direct them to file a complaint or should I still direct them to you? From: Amberg, Mark <mamberg@slocity.org> Sent: Tuesday, August 6, 2024 3:36 PM To: Zion, Sarah <SZion@slocity.org> Subject: RE: Phone Call: Mobile Home Rent Increase Sarah, I called back today. I walked them through how rent increases work under the City’s rent stabilization ordinance when a mobile home is sold but told them I can’t provide legal advice regarding their specific situation. I also told them if there is a proposed rent increase which they don’t agree with, they can file a complaint with the City clerks office and the City will follow the process outlined in the ordinance for resolving the complaint and determining if the proposed rent increase is proper. Can you please create a task for this – South Peak Mobilehome Park Rent Increase Inquiry - add these emails and then close the task? Thanks From: Amberg, Mark Sent: Monday, July 29, 2024 9:11 AM To: Zion, Sarah <SZion@slocity.org> Subject: RE: Phone Call: Mobile Home Rent Increase Hi Sarah, thanks for letting me know. Can you let them know I am back next week and will get back to them after I return? If they have something more urgent (unlikely) Markie or Sadie will need to follow up. 1034 Thanks From: Zion, Sarah <SZion@slocity.org> Sent: Friday, July 26, 2024 1:16 PM To: Amberg, Mark <mamberg@slocity.org> Subject: Phone Call: Mobile Home Rent Increase Hi Mark, Today we received a call regarding a mobile home rent increase. I know we’ve received calls about this in the past, but I apologize I don’t remember the outcome and if there was somewhere else I should direct them. They are specifically talking about the South Peak Mobile Homes and that the increase in rent is too high. The number to call back is ( and who you would connect with is either did let them know you were out, I did not say how long, but I’ll let you know if they call again. Sarah Zion Legal Assistant I City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org Stay connected with the City by signing up for e-notifications