HomeMy WebLinkAbout09/13/1988, 4-I - STATUS REPORT ON MEASURE ""D"" IMPLEMENTATION (MOBILEHOME RENT CONTROL)")��h��GHIIVIIIIIIIIII II MEETING GATE:
G IAI�� city o S EA,-
san lugs osispo � ,9
WaGs COUNCIL AGENDA REPORT ITEM
J�r
1"S 6E
FROM: ROGER PICQUET, CITY ATTORNEY
SUBJECT: STATUS REPORT ON MEASURE "D" IMPLEMENTATION
(MOBILEHOME RENT CONTROL)
CAD RECOMMENDATION: Receive and file
BACKGROUND:
In June, !988, the electorate adopted Measure "D" regarding mobilehome rent
control. This measure was proposed by an Ad Hoc Committee comprised of park
owners and tenants and revised the existing regulations (SLOMC Chapter 5.44)
quite significantly. Specifically, the new Chapter 5.44 provides for "safe
harbor," limited vacancy de- control, MNOI formula, a binding hearing officer
appeals provision, and other amendments to the original regulations which had
been adopted in 1982 and essentially unchanged since then.
Staff has initiated implementation of Measure "D" as follows:
1. Preparation of informational "Flow Chart" showing how rent - related
requests would be addressed (attached). This chart is available on
request to all concerned.
2. Collection of "base- line" data from all parks showing number of spaces.
types of spaces (e.g.. single or double), schedule of rents as of June 1.
1988, and dates for annual rent increases (CPI- based).
3. Meeting with interested individuals and groups to answer questions and
provide interpretations of the new regulations as appropriate.
Staff has not experienced any significant problems with the above
implementation steps, nor does staff anticipate any problems arising in the
immediate future. Staff is aware that long -term lease negotiations have been
on -going in several of the larger parks (e.g., Creekside) and will advise
Council of any developments. At this time, staff does not recommend any
additional implementation measures.
Attachment - Flow Chart
RECEIVED
SEP 13 1988
CITY CLERK
SAN LUIS 091SP0.CA
Ij,:06?b4"
F L.U4J l;l -IFak l '
Mobiie Home Rent Stabiiicati.or 1Measwr•e 0) (Chapter 5.44 SLOMi_.)
BASE RENT
(a.s of .•'15/i3:? and
allowed increases);
;INCREASES w/o A HEARING:
;1. CPI - If Consumer Price
Index increases:
a. less than 5 %, rent
increase can be lOC�
of the CFI increase.
b. more than 5%. rent
increase cannot exceed ;
75% of the CI'I increase. ;
* Cap at 9%
(5.44.060 B)
Chano_e of Mobi.lehome Ownership:;
a. maximum of 10/ of
current rent.
b. Can occur once in any
'6 month (-- year) period.
( 5.44. 060 C)
For increased expenses for
common area utilities.
;ADJUSTMENTS BY APPLICATION
;(procedure):
1. By park owner:
a. file application and
b. file statement of proof;
that notice was sent to
all affected park
tenants.
By park tenants:
a. file application ;
b. file statement of proof;
that notice was sent to;
park owner.
c. select not more than
three ( ) tenants as
reps. for all affected
tenants.
d. 51% of all affected
tenants must sign.
(5.44.070 A)
(5- 44.060 E)
+--------------- +---------- - - - - -+
+----------------------------- - - - - -+
*-------------- - - - - -+
+--------------------- +-------------- - - - - -+
+----------- +-------- - - - - -+
+------------- +-------- - - - - -+
;NO OBJECTION W/I 30 DAYS:;
;OBJECTION W/I 30 DAYS after;
;End of Process. Base ;
;notice of application has ;
;rent is changed to
;been received: ;
;reflect adjustment.
1. Park owner may ;
+--------------------- - - - - -+
object by: ;
a. filing w/ the ;
City Clerk and;
b. notifying all ;
of the rep. ;
tenants. ;
2. Park tenant may ;
object by: ;
a. filing w/ the ;
City Clerk
b. an objection ;
which is
signed by 51% ;
of the tenants;
affected. ;
;(5.44.070 B)
+------------- +-------- - - - - -+
• +------ - - - - ±- - -- - - - -- +
PARTIES NEGOTIATE
(5.44.i)7i) D)
+ - - - -- ----- +------ - - - - -+
+ - - -- -- - - - - - -+ --- - - - - -- ---- - - - - -+
+---------- +-------- - - - - -+
;AGREEMENT W/I 60 DAYS
;1. Tenant reps.
notify others of
agreement. Majority;
have 1C) days to
disapprove of the ;
agreement.
+---------- +------- - - - - -+
,
+------- +--- - - - - -+
,
+------- +-- - - - - -+
;TENANTS APPROVE;
;End of process.;
;Base rent
;changed to
;reflect ;
;adjustment.
+---------- - - - - -+
,
,
,
+------ +- - - - - -+
;TENANTS DON'T;
;APPROVE
+------ +- - - - - -+
*------------- +------- - - - - -+
;NO AGREEMENT W/I 60 DAYS;
+----------- +------- - - - - -+
;
;
;
,
,
;
+----------- {-------------- - - - - -+
+----------------- +----------- - - - - -+
HEARING
;1. Hearing officer (H.O.)
appointed by CAO no more than
21 days after notice of ;
negotiation termination. ;
H.O. must be held not less
than 10 and not more than ;
30 days after H.O. is selected.;
Hearing cannot continue '0 days;
beyond first hearing date w/o
persmission of the applicant. ;
;4. H.O. makes decision usinq ;
specified factors (5.44.1)90)
and applying MNOI. ;
;5. H.O. must make decision w/i
20 days after the hearing.
;(5.44.070 E — 5.44.100) ;
+---------------- +------------ - - - - -+
,
,
,
----------------- +-------------- - - - - -+
;
,
��3
+----------- +----- - - - - -+
;H.O. DECISION ACCEPTED;
;End of process. Base
;rent changed to ;
;reflect decision.
i'-------- -- ---- --- ... - - - -+
+------------- +---------- - - - - -+
H.O. DECISION NOT ACCEPTED
;
Appeal Decision
;
;1. File w/ the City Clerk.
;
w/i 15 days.
;
;<. Notify the other side.
;
;'. If tenants are filing,
;
appeal must be signed by
;
51% of the affected
;
tenants.
;
;4. CAO appoints a _ person
panel w/i 21 days after
;
appeal filed.
;
;5. Panel reviews H.0
;
decision and may:
;
a. call for a new
hearing or
;
b. accept the prior
;
hearing decision.
;
;6. If Panel calls for a new
;
hearing, it has 30 days
;
to change the prior
;
decision.
;
;(5.44.110)
;
+------------- +--------- - - - - -+
,
,
+-------- +-- - - - - -+
-- - - - - - + -- - - - - -+ + - - - - - -- - -- - - -
- +
DECISION ; ;DECISION NOT
;
ACCEPTED ; ;ACCEPTED
End of ; ;1. No further
;
process. Base; appeal w/i
;
rent changed City frame
-;
to reflect work.
;
Panel ; ;2. Review of
;
Decision. Panel
;
+--------- - - - - -+ decision
;
may be
;
obtained
;
from,
;
Superior
;
Court.
;
+-------- -j - - - -
-+
�s Y