HomeMy WebLinkAboutLetters - 6670 S832 0122 ltrs
Laguna Lake Mobile Estates
1801 Prefumo Canyon Road
San Luis Obispo, CA 93405
Phone: (805) 543-5500
Fax: (805) 544-6637
September 24, 2021
Tyler C Knuckles, Marissa Hernandez Knuckles
1832 Thelma Dr.
San Luis Obispo, CA 93405
RE: Homesite #S832
Notice of Rent Increase
(California Civil Code Section 798.30)
Dear Tyler C Knuckles, Marissa Hernandez Knuckles:
Pursuant to California Civil Code Section 798.30, Laguna Lake Mobile Estates is required to give you 90 days written notice
of any increase in your rent. This letter constitutes the legally required notice for your rent increase which will take effect
January 1, 2022.
The City of San Luis Obispo (the “City”) has adopted a comprehensive scheme for regulating rents in mobilehome parks in
the City. The City’s Mobile Home Park Rent Stabilization Ordinance (“Ordinance”) provides for an annual rent increase
based upon the annual percentage change in the Consumer Price Index, All Urban Consumers, for the region now known as
Los Angeles-Riverside-Orange County (“CPI”). The monthly space rent may be increased at a maximum rate equal to
100% of the annual percentage change in the CPI up to 5%, and 75% of the annual percentage change in the CPI in excess of
5%. The annual percentage change in the CPI for the 12-month period ending August 31, 2021 was 4.0%. Therefore, the
base rent increase which will take effect January 1, 2022 is 4.0%.
The Ordinance also allows for space rent to be adjusted based upon a change in the amount of expense for common area
utility usage and other defined expenses. Laguna Lake Mobile Estates' common area utility expense for gas and electric
decreased by 24%, or $18,771.99, for the 12 month period ending July 31, 2021 when compared with the previous 12 month
period. Therefore, pursuant to Section 5.44.060(E) of the Ordinance, your monthly base rent will be decreased by $6.09
(total change is -$7.97). This does not impact the annual CPI adjustment under the Ordinance.
The “Pass-Through Charges” set forth below are for items that are not included within base rent. The Pass-Through
Charges are based on the actual costs incurred by Laguna Lake Mobile Estates for the referenced items during the previous
12-month period.
The new monthly charges, including base rent, are shown below and become effective January 1, 2022.
1/1/2021 Change 01/01/2022
Base Rent $597.27 $23.89 $621.16
Additional Rent $1.88 -$7.97 -$6.09
Pass-Through Charges
Water $46.27 -$4.70 $41.57
Sewer $33.65 $10.85 $44.50
Trash Service $19.35 $1.47 $20.82
Total Pass Through Charges $99.27 $7.62 $106.89
Light Credit -$1.41
Total Monthly Payment $720.55
September 24, 2021
Page 2 of 2
If you have not already done so, we encourage you to take advantage of our direct debit option or Resident Portal, to
make convenient, secure online payments to your account. Call the community office and we’ll be happy to get you
signed up.
Based on Laguna Lake Mobile Estates' observations of the marketplace, Laguna Lake Mobile Estates believes that, if rent
control was not applicable to your site or the community was able to achieve an appropriate return on the value of the
homesite upon turnover or otherwise, rents in the community would be $1,545.00 or more per space per month. This letter
serves as the requisite legal notice of such base monthly rental amount in the amount of $1,545.00 should Laguna Lake
Mobile Estates be legally entitled to collect it for any reason.
Nonetheless, although you should be advised that it is Laguna Lake Mobile Estates’ belief that the City of San Luis
Obispo Mobile Home Park Rent Stabilization Ordinance effectuates an unconstitutional taking of property and is otherwise
unconstitutional, Laguna Lake Mobile Estates intends to comply with the rent control ordinance un less and until it is
declared unconstitutional or its operation is otherwise enjoined by a court. By sending this notice, Laguna Lake Mobile
Estates is complying with the Ordinance and California Civil Code Section 798.30. Laguna Lake Mobile Estates makes no
representation or warranty that your tenancy or space is eligible for rent control and you should not rely on Laguna Lake
Mobile Estates for any belief that you are entitled to rent control.
The Ordinance provides for the monthly space rent to be adjusted to market rent in the event of a change of ownership
resulting from vacation of the space. Laguna Lake Mobile Estates believes that when an existing mobile home is removed
from a mobile home space in exchange for a different mobile home, the Ordinance permits the rent for that mobile home
space to be adjusted to market rent. Moreover, under the Ordinance and applicable state law, certain tenancies and/or
spaces are exempt from rent control. Should Laguna Lake Mobile Estates discover that a tenancy and/or space is exempt
from rent control, Laguna Lake Mobile Estates reserves all of its rights to adjust the rent for such exempt tenancy or space to
the market rent.
A copy of this notice has been sent to the City Attorney for the City of San Luis Obispo to ensure that all applicable legal
procedures have been followed with respect to this matter.
As always, representatives of Laguna Lake Mobile Estates are willing to meet with you or otherwise discuss any questions
you have regarding this notice or any concerns you may have regarding the notice. Please feel free to call the community
office.
This notice is protected by the privilege afforded by California Civil Code section 47.
Cordially,
Community Manager
Laguna Lake Mobile Estates
cc: Resident File
J. Christine Dietrick, City Attorney for the City of San Luis Obispo
Derek Johnson, City Administrative Officer