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HomeMy WebLinkAbout0891ORDINANCE N0. ;89?l7 (1981 Series) AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO STABILIZING RENTS IN MOBILE HOME PARKS AS OF JUNE 13, 1981, UNTIL OCTOBER 31, 1981 BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Rent Stabilization. Pending study and public hearings regarding the current shortage of mobilehome park rental spaces and concomitant rapidly escalating rents for mobilehome park rental spaces, this council hereby establishes the following stabilization measures: (a) The maximum rental for any mobilehome park'space� during the.' effective period of this ordinance shall be the rental in effect for that space on June 1, 1981. (b) This ordinance shall be effective from the date of its passage through October 31, 1981. (c) The level of services provided by a mobilehome park shall not be reduced during the effective period of this ordinance. SECTION 2. Refusal to Pay Rent. A tenant may refuse to pay any rent increase which violates this ordinance; that violation shall be a defense in any action brought to recover possession of a rental unit or to collect the illegal rent increase. SECTION 3. Evictions. No landlord shall bring any action to recover possession of a rental unit subject to the provisions of this ordinance, unless: (a) The tenant has violated an obligation or covenant of her or his tenancy other than the obligation to surrender possession upon property notice and has failed to cure such violation after having received written notice thereof from the landlord; (b) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or other occupants of the same; (c) The tenant is convicted of using or permitting a rental unit to be used for any illegal purpose; (d) The tenant, who had a rental agreement which was terminated, has refused after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration a, in such terms as are not inconsistent with or violation of any provisions �' this ordinance and are materially the same as in the previous agreement. .as Ordinance Nol. :891 Page 2 (1981 Series) e. The tenant has refused the landlord reasonable access to the rental space for the purpose of making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof, or for the purpose of inspection as permitted or required by the rental agreement or by law or for the purpose of showing the rental space, to any prospective purchaser or mortgagee; f. The tenant holding at the end of the term of the rental agreement is a subtenant not approved by the landlord. SECTION 4. Violation of Ordinance. It shall be unlawful for any mobilehome park to demand, accept, receive or retain any payment of rent in excess of the maximum lawful rents set forth in this ordinance, or to reduce the level of services provided. A violation of the ordinance shall be a defense in any action brought to recover possession of a rental space. SECTION 5. Non Waiverability. Any provisions whether oral or written, in or pertaining to a rental agreement whereby any provision of this ordinance for the benefit of a tenant is waived shall be deemed to be against public policy and shall be void. SECTION 6. Civil Remedies. Any landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this ordinance, shall be liable as hereinafter provided to the tenant from whom such payment is demanded, accepted, received or retained; for reasonable attorney's fees and costs as determined by the court, plus damages in the amount of Two Hundred and no /100th ($200.00) dollars or not more than three (3) times the amount by which the payment or payments demanded, accepted, received or retained, exceeds the maximum rent authorized herein, whichever is greater. SECTION 7. Severability. (a) If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declared that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (b) Should the provisions of Section 1 or any part thereof requiring the stabilization of rents to the amount of rents if effect as of June 1, 1981, J' Ordinance No.,891 Page 3 (1981 Series) be declared invalid or unconstitutional, then date of passage of this ordinance shall be substituted for the date June 1, 1981 wherever the latter date appears in Section 1. SECTION 8. Urgency. This ordinance is declared to be an ordinance for.the immediate protection and preservation of the public peace, health and welfare. Facts in support of the urgency of this ordinance are as follows: (a) There is currently in the City of San Luis Obispo a shortage of mobilehome park rental spaces. (b) As a consequence of this shortage mobilehome park space rents have been increasing rapidly. (c) A large number of mobilehome owners in the city, having invested large sums of money in their mobilehomes and appurtenances .'are facing the prospect of being forced to move their mobilehomes at great expense. because of their inability to pay at the increasing rental rates. (d) Many mobilehome owners have requested the council to study the issue and to impose permanent rent stabilization measures. (e) The council derives to undertake such a study to determine, among other things, the existence of facts legally to support permanent rent stabilization. (f) The council estimates that three to five months will be needed to make the study and to adopt appropriate legislation, if any. (g) Pending the study it is in the best interests of a significant number of the residents of this city to impose the urgency rent stabilization contained herein. SECTION 9. Effective Period. This ordinance being an emergency measure for the immediate protection and preservation of the public peace, health and welfare, containing a declaration of the facts constituting the urgency and passed by four affirmative votes of the council shall take effect immediately pursuant to Charter Section 605 and shall continue in effect through October 31, 1981. SECTION 10. Publication. The City Clerk shall cause this ordinance to be published within five days in a newspaper of general circulation, but delay in publication or even failure to publish, shall not affect its validity. SECTION 11. Rescission. This ordinance may be rescinded by the City Council at any time by affirmative vote of at least three members of the council. Ordinance.No. 891 Page 4 (1981 Series) INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at a meeting held on the 16th day of June, 1981, on motion of Council woman- Dovey_ seconded by Councilman Settle:: and on the following roll call vote: AYES: Gouncilmembers Dovey; Settle, Bond.,..Dunin, and-Mayor Billig NOES: None ABSENT: None a. ATTEST: CITY CL K -P& VOCE 7 APPROVED: /. 1- M- .- i City Attorney YkMNI�EC.MBILLIG "