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HomeMy WebLinkAbout1001-2000 Emails1 From:Symens, Sadie Sent:Tuesday, July 8, 2025 3:58 PM To:Tway, Timothea (Timmi); Mezzapesa, John Cc:Szentesi, Whit; Harnett, Natalie Subject:RE: Mobile Home Park Code Violations From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Tuesday, July 8, 2025 3:56 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Szentesi, Whit <wszentes@slocity.org>; Harnett, Natalie <nharnett@slocity.org> Subject: RE: Mobile Home Park Code Violations John, Since this is a code enforcement issue, let me know if you have anything else to add or changes, otherwise we will send these answers over. Sadie – thank you! From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, July 8, 2025 3:26 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Szentesi, Whit <wszentes@slocity.org>; Harnett, Natalie <nharnett@slocity.org> Subject: RE: Mobile Home Park Code Violations My recommended responses are in purple below From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Tuesday, July 8, 2025 3:04 PM To: Symens, Sadie <ssymens@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Szentesi, Whit <wszentes@slocity.org>; Harnett, Natalie <nharnett@slocity.org> Subject: Fw: Mobile Home Park Code Violations Hi team, I received this email from Joan. Since this is potentially legal related things, wanted to get input about how we should respond. Sadie let me know if you have concerns. John can you craft some draft answers ready in case we want to send? Thanks! Timmi From: Lynch, Joan <jlynch@thetribunenews.com> Sent: Tuesday, July 8, 2025 1:48:26 PM To: Szentesi, Whit <wszentes@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Mobile Home Park Code Violations 2 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. A couple weeks ago, I was contacted by a South Peak Mobile Home Park owner who was dealing with a potentially unlawful rent increase on her trailer home in South Peak. daughter was evicted by South Peak management a couple months ago, though contested the validity of the reasons provided for the eviction. 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?  South Peak park management has justified the rent increase by saying that 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 home as an RV, and is the park's reason for raising the rent this much valid under the city's space rent ordinance?  Has the city received similar code enforcement violations notices from any other South Peak park residents? 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, 3 Joan Lynch She/her/hers Housing Reporter P 805-781-7812 E jlynch@thetribunenews.com W www.sanluisobispo.com T @WritesLynch 10 From:Mezzapesa, John Sent:Tuesday, July 8, 2025 2:52 PM To:Tway, Timothea (Timmi); Symens, Sadie; Salem, Rami; Sheats, Steven Subject:RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Please review the draft of the Director’s Review for 145 South Street. The sooner we get this reviewed, the sooner it can go out. 145 South Director's Decision.docx 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: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, July 2, 2025 2:01 PM To: Mezzapesa, John <JMezzape@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 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 11 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 <ssymens@slocity.org> Sent: Wednesday, July 2, 2025 11:02 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: FW: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 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 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 12 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 over email (attached) there was “nothing to correct” after 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, 13 I received the below from Harmony Communities regarding s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that 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 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 s RV at 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). 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, 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 14 mobile home.” The RV is required to remain vacant until sold, meaning 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 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 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 15 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. 16 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. ’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. 17 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for 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 18 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 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> 19 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> 20 From:Lynch, Joan <jlynch@thetribunenews.com> Sent:Tuesday, July 8, 2025 1:48 PM To:Szentesi, Whit; Tway, Timothea (Timmi) 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. A couple weeks ago, I was contacted by a South Peak Mobile Home Park owner who was dealing with a potentially unlawful rent increase on her trailer home in South Peak. daughter was evicted by South Peak management a couple months ago, though contested the validity of the reasons provided for the eviction. 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?  South Peak park management has justified the rent increase by saying that 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 home as an RV, and is the park's reason for raising the rent this much valid under the city's space rent ordinance?  Has the city received similar code enforcement violations notices from any other South Peak park residents? 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, To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Joan Lynch She/her/hers Housing Reporter P 805-781-7812 E jlynch@thetribunenews.com W www.sanluisobispo.com T @WritesLynch 31 From:Salem, Rami Sent:Wednesday, July 2, 2025 2:20 PM To:Sheats, Steven Subject:RE: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Got it! Thank you, Steve. I will suspend any further enforcement until directed to do otherwise. From: Sheats, Steven <ssheats@slocity.org> Sent: Wednesday, July 2, 2025 2:18 PM To: Salem, Rami <RSalem@slocity.org> Subject: FW: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hey Rami, Just as a heads up, please see below. John is working on getting some responses together for me to draft the Director’s Response. Until then please suspend any further enforcement. Thanks, 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-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, July 2, 2025 2:01 PM To: Mezzapesa, John <JMezzape@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 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> 32 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 <ssymens@slocity.org> Sent: Wednesday, July 2, 2025 11:02 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: FW: [EXTERNAL] FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance 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 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 33 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 over email (attached) there was “nothing to correct” after 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. 34 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 space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that 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 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 35 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. ’s RV at 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). 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. 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 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 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 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> 36 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 The information contained in this e-mail message is intended only for the CONFIDENTIAL use of 37 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. ’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> 38 <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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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 39 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 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, 40 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 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> 125 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.Linda .City'sViolationNotice(2).pdf; 6.24.25.Linda .City'sViolationNotice(1).pdf; 7.01.2 .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. over email (attached) there was “nothing to correct” after Ms. 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 126 Hello all, I received the below from Harmony Communities regarding Ms. ’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. ’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. ’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. ’s RV at Space . 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. ’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. 127 Even if the RV were considered a mobile home, Ms. 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. 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. ’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. ’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 128 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 129 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. ’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 130 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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. 131 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 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> 132 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> 136 From:Symens, Sadie Sent:Monday, June 30, 2025 10:18 AM To:McClish, Teresa; Amini, David Cc:Dietrick, Christine; Tway, Timothea (Timmi); Corey, Tyler Subject:Privileged/Confidential RE: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Attachments:Re: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Hello all, 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: McClish, Teresa <tmcclish@slocity.org> Sent: Wednesday, April 16, 2025 3:11 PM 137 To: Symens, Sadie <ssymens@slocity.org> Cc: Dietrick, Christine <cdietric@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Amini, David <DAmini@slocity.org>; Corey, Tyler <tcorey@slocity.org> Subject: RE: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 From: Symens, Sadie <ssymens@slocity.org> Sent: Tuesday, April 15, 2025 10:46 PM To: McClish, Teresa <tmcclish@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Amini, David <DAmini@slocity.org> Cc: Dietrick, Christine <cdietric@slocity.org> Subject: RE: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 From: McClish, Teresa <tmcclish@slocity.org> Sent: Monday, April 14, 2025 4:32 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Amini, David <DAmini@slocity.org>; Symens, Sadie <ssymens@slocity.org> Subject: RE: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 We will take a look – also I think we can use Sadie weigh-in too. From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Monday, April 14, 2025 4:30 PM To: McClish, Teresa <tmcclish@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Amini, David <DAmini@slocity.org> Subject: FW: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Hi all, We will need to provide information to council on this one, can you please take a look? Thanks! From: CityClerk <CityClerk@slocity.org> Sent: Monday, April 14, 2025 4:08 PM To: Nick Pardo < Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; City_Attorney <City_Attorney@slocity.org> Subject: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 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. 138 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 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 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 139 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 , please correct me. 3. The City’s position has been consistent on this point since May 30th. Ms. 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. 140 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 ; 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. ’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. 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 141 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 ’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 142 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. ’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. 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 143 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 144 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 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 ? The one you attached was from 2018. Thank you, 145 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. ’s RV at Space . 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. ’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. 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. 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 146 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. ’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. ’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: 147 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 148 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. ’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> 149 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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 150 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 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, 151 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> 152 From:Symens, Sadie Sent:Friday, June 27, 2025 11:32 AM To: Subject:RE: South Peak MHP, #A66, 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, #A66, San Luis Obispo, CA Thank you. Sent from my iPhone On Jun 10, 2025, at 1:43 PM, Symens, Sadie <ssymens@slocity.org> wrote: 153 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, #A66, 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, #A66, San Luis Obispo, CA I have emailed Deputy District Attorney Sent from my iPhone 154 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, #A66, San Luis Obispo, CA Okay we’ll not be selling then. We like South Peak and intend to stay at 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: ; Melissa Lawley 155 <melissa@harmonycom.com> Subject: RE: South Peak MHP, #A66, San Luis Obispo, CA 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: Sent: Monday, June 9, 2025 6:39 PM To: Symens, Sadie <ssymens@slocity.org>; Melissa Lawley <melissa@harmonycom.com> Subject: South Peak MHP, #A66, 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 156 San Luis Obispo, CA 93401 Thank you, Sent from my iPhone 157 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/ 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/ 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. 158 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/ 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> 159 Subject: Re: [EXTERNAL] RE: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance - South Peak/ 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/ Thank you. I drove by Space . Could you confirm that this is your client’s unit? 60 161 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 162 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/ 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/ 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> 163 <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/ 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. '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. '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. '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. 's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. 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. 164 The parties' course of conduct further confirms that the parties consider Ms. 's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. 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. 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. 193 From:Symens, Sadie Sent:Wednesday, June 25, 2025 3:25 PM To: Subject:RE: South Peak Rent increase violations Hello The City has issued a Notice of Violation against the park for the unlawful space increase for Space 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, 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, 194 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. 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? 195 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 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 196 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 and both me and my girlfriend 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, 201 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. 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 ’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. ’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. 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), 202 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.\ 203 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 204 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 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 ? 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 205 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. ’s RV at Space . 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. ’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. 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. 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. 206 In summary, the Ordinance’s protections do not extend to Ms. ’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. ’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> 207 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. 208 The City reiterates its invitation to discuss this matter and/or Ms. ’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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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. 209 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 at South Peak Mobile Home Park. 210 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> 211 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> 212 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. ’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. 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. 213 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, 214 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 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, 215 Thank you for that information. Could you please provide registration and title for the year you sold the unit to ? 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. ’s RV at Space . 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. ’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. 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 216 mobile home.” The RV is required to remain vacant until sold, meaning Ms. 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. ’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. ’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 217 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. 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: 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. ’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. 219 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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 220 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 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> 221 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> 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 ’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 . Ms. ’s counsel reports that South Peak declines to recognize Ms. 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. 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. ’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 , notwithstanding the unlawful detainer filed against Ms. 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 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  REQUEST FOR DIRECTOR’S REVIEW      Person Requesting Review: __________________________________ Phone: ________________ Address: _____________________________________Email: ______________________________ Property Owner: ______ Tenant: _____ Case #: ______________________ Address of alleged violation: _________________________________________________________ Date of Notice to Correct/Violation: ____________________________________________________ Please identify the code violation or interpretation you are contesting. Please provide relevant information and explain why the alleged violation or interpretation should be reconsidered. You may attach additional pages, if necessary. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ I hereby request a review of alleged violation or interpretation by the Community Development Director. Signature of Appellant: _______________________________________ Date: ______________ Please return form to: City of San Luis Obispo, Community Development Department 919 Palm Street San Luis Obispo, CA 93401 or Email: code@slocity.org COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECT/VIOLATION. 232 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 after she purchased it. The attached was also 233 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 ? 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> 234 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. ’s RV at Space . 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. ’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. 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. 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. ’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. ’s purchase agreement. Thank you. Jason Dilday 949-891-1627 235 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 236 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. ’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 237 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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> 238 <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 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. 239 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 240 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> 241 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: .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 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 ? 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 242 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. ’s RV at Space . 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. ’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. 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. 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. 243 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. ’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. ’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. 244 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, 245 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. ’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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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. 246 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 247 Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space 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> 248 <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> 249 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/ 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/ Thank you. I drove by Space . Could you confirm that this is your client’s unit? 250 251 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 252 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/ 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/ 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> 253 <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/ 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. '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. '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. '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. 's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. 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. 254 The parties' course of conduct further confirms that the parties consider Ms. 's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. 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. 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. 283 From:Symens, Sadie Sent:Monday, June 23, 2025 5:17 PM To:Dietrick, Christine; Tway, Timothea (Timmi) Subject:RE: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 From: Nick Pardo <nickpardo1992@gmail.com> Sent: Monday, June 23, 2025 4:48 PM To: CityClerk <CityClerk@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; City_Attorney <City_Attorney@slocity.org> Subject: Re: cc Pardo - Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 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 nickpardo1992@gmail.com 805-915-8122 On Mon, Apr 14, 2025 at 4:08 PM CityClerk <CityClerk@slocity.org> wrote: BCC: Council All 284 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. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: Nick Pardo <nickpardo1992@gmail.com> 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 805-915-8122 287 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. 288 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 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 291 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/ 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. '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. '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. '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. 's mobilehome through the time of sale. Thus, although the unit may be vacant, Ms. 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. 's unit to be a mobilehome and not a recreational vehicle for purposes of the applicability of the RSO. For example, Harmony required Ms. 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. 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 292 (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. 299 From:Symens, Sadie Sent:Thursday, June 19, 2025 3:36 PM To:eharris@crla.org Cc:pvandyke@crla.org; mthompson@crla.org Subject:FW: Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Attachments:Space .pdf Hello all, I received the below from Harmony Communities regarding Ms. ’s space. Yesterday, I communicated the City’s intent to proceed with administrative enforcement after June 25th absent information that Ms. ’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. ’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, 300 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. ’s RV at Space . 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. ’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. 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. 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. ’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. ’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 301 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 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, 302 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. ’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> 303 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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- 304 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 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 305 <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> 348 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 349 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 as reflected in the Information for Prospective Homeowners document dated May 1, 2025, and that all statements of space rent for Space 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 350 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 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 351 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. 361 From:Evan Harris <eharris@crla.org> Sent:Wednesday, June 18, 2025 2:55 PM To:Symens, Sadie Subject:Re: [EXTERNAL] Email from 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 , 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 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 Hi Evan, A few follow-up questions, if you are able to answer them: 362 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 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. 363 From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, June 16, 2025 2:11 PM To: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Email from Hello Evan, I received the attached email from, purportedly, . 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 . 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 , 145 South Street, San Luis Obispo Dear Ms. Tsai, As you are aware, I represent , the owner of the mobile home located at Space 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. and were copied on the email correspondence between Ms. 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. 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 364 From:Symens, Sadie Sent:Wednesday, June 18, 2025 9:34 AM To:Evan Harris Subject:RE: [EXTERNAL] Email from Attachments:Western Manufactured Housing Communities Association Rent Increase Form.pdf Hi Evan, A few follow-up questions, if you are able to answer them: 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 Hello Sadie, 365 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. From: Symens, Sadie <ssymens@slocity.org> Sent: Monday, June 16, 2025 2:11 PM To: Evan Harris <eharris@crla.org> Subject: [EXTERNAL] Email from Hello Evan, I received the attached email from, purportedly, . 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 . 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. 414 From:Symens, Sadie Sent:Friday, June 13, 2025 5:05 PM To:Evan Harris Subject:RE: [EXTERNAL] Notice of potential violation of San Luis Obispo Mobile Home Park Rent Stabilization Ordinance Hello Evan, While I am certainly sympathetic to your client’s predicament, the City cannot preemptively cite the mobile home park under the rent stabilization ordinance for an unlawful rent increase it has not yet imposed. Our likely next step would be to notify Harmony Communities of the possible enforcement action(s) against the park if they proceed with an unlawful increase. I will follow up with Judy next week. 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: Friday, June 13, 2025 4:36 PM To: Symens, Sadie <ssymens@slocity.org> 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. 415 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 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. 416 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. ’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. 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 417 Hi Judy, I’m following up on the City’s letter regarding the proposed 108% rent increase for Space 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 Stay connected with the City by signing up for e-notifications 418 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. 477 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 478 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. 479 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 ’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 . Ms. ’s counsel reports that South Peak declines to recognize Ms. 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. 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. ’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 , notwithstanding the unlawful detainer filed against Ms. 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 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 483 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. ’s primary residence since then? If not, when did the trailer become Ms. ’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. 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. authorize disclosure of details of her tenancy to South Peak? Given Ms. ’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. 484 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 , a resident of Space 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. owns a 2018 Champion Redman Park Model RV—commonly referred to as a park trailer—located at Space . 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. , 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. 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. 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. 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 485 under a court-approved settlement. By remaining in possession under the agreement and conducting a sale, Ms. should still qualify for the ordinance’s protections. 2. Ms. does not own a “mobile home.” It is true that Ms. ’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. 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. ’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. 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 486 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. 493 From:City of San Luis Obispo, CA <slocitywebmaster@enotify.visioninternet.com> Sent:Tuesday, May 13, 2025 3:00 PM To:Amberg, Mark Subject:Consumer complaint Message submitted from the <City of San Luis Obispo, CA> website. Site Visitor Name: I have a mobile home in a mobile home park in San Luis Obispo belonging to Harmony Communities called South Peak Mobile Home Park @ 145 South St. has raised land leases for many potential new owners 50% in one year instead following the city ordinance of no more than 10% per year. 499 From:Dietrick, Christine Sent:Tuesday, April 22, 2025 8:58 AM To:Symens, Sadie; Williams, Leanne Subject:FW: Petition to Amend San Luis Obispo Municipal Code Title 5, Chapter 5.44 Attachments:Petition to revise Municipal Code 5.44.pdf 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 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