HomeMy WebLinkAbout01/28/1988, 1 - FINAL REPORT OF THE AD HOC COMMITTEE ON PROPOSED AMENDMENTS TO THE SAN LUIS OBISPO CITY RENT STABILIZATION ORDINANCEDecember 23, 1987
San Luis Obispo City Council
990 Palm Street
Post Office Box 8100
San Luis Obispo, CA 93403
Re:
MERM AGENDA
DATE JAN Y��� 11 M
RECEIVED
JAN - 7 1988
OTT CLERK
SAN WfS OWSRO CA
Dear Council Members:
Enclosed you will. find proposed revisions to the
Mobile Home Park Rent Stabilization Ordinance. The proposal is
submitted by the Ad Hoc Committee on Rent Stabilization.
You will recall that the former Mobile Home Rent Review
Board made certain recommendations to you for revisions to the
existing City Rent Stabilization Ordinance. You will also recall
that during the course of deliberations on those recommendations,
a proposal was made for negotiations between park owners and
residents. The outcome of that proposal was a decision by you on
June 16, 1987 to postpone further discussion of the Rent Review
Board recommendations for a period of six months, during which
time park owners and residents were to negotiate in good faith
regarding mutually acceptable revisions to the Rent Stabilization
Ordinance. Thereafter, park owners and residents were advised of
your decision, and the Ad Hoc Committee on Rent Stabilization was
formed for the described purpose. The Ad Hoc Committee has met
on numerous occasions. There has been strong interest expressed
by both residents and park owners. Although the resident
participants do not necessarily formally represent the parks
they reside in, and although all parks were not represented, all
were given the opportunity to participate and the resident
participation was representative. Likewise, while all park
owners did not participate, all were given an opportunity, and
the park owners that did participate are considered
representative.
The participants signing this letter constitute most of
the active participants. Other participants were involved, some
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San Luis Obispo City Council
December 23, 1987
Page 2
actively, some not. An attorney was involved in the drafting of
the recommendations. However, no attorneys were involved in
negotiations.
The- agreed -upon recommendations are the result of
significant compromises made by both residents and park owners.
Both parties view the revised ordinance as a balanced and
reasonable one.
The enclosed document contains the-.language of the
original Ordinance plus the proposed revisions. Note that the
additions to the proposed ordinance are indicated by
underscoring.. Deletions to the existing ordinance are.lined out.
Following is a summary of the essential changes.
1. Section 5.44.020, regarding definitions has been
changed in the following respects:
(a) Paragraphs A and F have been changed to clarify
the definition of "capital improvements." These
provisions are amended to make them consistent with the
automatic pass- through of expenses described below.
The effect of these amendments is to allow for capital
improvements mandated by government or required to
maintain existing improvements without resident
approval. Resident approval-is still required for new
capital improvements not located in the park.
(b) Paragraph G has been added to define "change of
ownership."
(c) Paragraph H has been added to define "hearing
officer:"
(d) Paragraph I has been added to define "appellate
panel."
(e) Paragraph J has been added to define "CPI" as the
All Urban Consumers Los Angeles /Long Beach /Riverside
Index.
(f) Paragraph K has been added to define "Qualified
Hearing officer."
2. Paragraph 5.44.030 Has been amended in the
following respects:
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San Luis Obispo City Council
December 23, 1987
Page 3
(a) Paragraph E has been amended to provide an
exemption for leases of more than one year. The
amendment clarifies that no increases shall be allowed
during the term of the lease except as authorized under
the lease itself.
(b) Paragraph F has been added to provide an exemption
where at least 66.67% of the spaces are governed by a
lease.
3. Paragraph 5.44.060 regarding increases in base
space rent without a hearing has been amended as follows:
(a) Paragraph A has been amended to clarify that if a
space is under a lease, then upon expiration of the
lease, the base rent shall be no greater than the rent
charged within the last month of the lease. Paragraph
A also clarifies that where 66.67% of the spaces are
governed by a lease, then the remaining spaces in the
park shall have a rent no greater than the rent charged
in the leases for comparable spaces.
(b) Paragraph B regarding increases based on changes
in the CPI has been changed to a sliding scale
arrangement with a cap of 9 percent. One hundred
percent of the CPI shall be allowed up to 5 percent,
and 75 percent of the CPI shall be allowed thereafter.
This shall be allowed up to nine percent.
(c) The CPI provisions have also been changed to state
that monthly the city finance director shall publish
allowable percentage changes in the CPI. The
provisions have also been amended to clarify that the
limitations on CPI increases are intended to minimize
the immediate impact such changes would have on
residents, but that ultimately the limitations would
not prevent the owner from receiving a fair return on
his /her property.
(d) space rent may be increased upon a change of
ownership of the mobilehome up to 10 percent of
existing space rent. The change shall be allowed only
once in a 36 -month period. If subleasing becomes
mandatory under state law, then upon subletting the
increase may be allowed up to 10 percent of the then -
existing space rent. The provision has also been
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San Luis Obispo City Council
December 23, 1987
Page 4
clarified to state that an adjustment may occur if the
mobilehome is moved from the premises.
(e) Subparagraph B has been added to allow for an
automatic pass - through of certain expenses such as
common area utilities.
4. Paragraph 5.44.070 regarding increases following a
hearing has been amended as follows:
(a) The application process has been changed and
clarified to provide that either residents or owners
may submit an application for rent adjustment.
Applications will be filed with the Clerk, and notices
will be given to the other party. The opposing party
is then given 30 days to file an objection to the
application. If an objection is not filed, then the
application would be granted. If an objection is
filed, then the representatives designated by residents
and owners shall meet and confer and negotiate in good
faith. Either party may request a mediator of their
choice, but this is not required. If an agreement
cannot be reached within 60 days, then the City- Clerk
shall be notified. The City Clerk shall then appoint a
hearing officer to resolve the matter.
5. Paragraph 5.44.090 has been changed regarding the
criteria that may be considered by the hearing officer. The
hearing officer is required to use the MNOI formula, but to take
into account adjustments to allow for inflation and adjustments
to base rent if it is determined that base rent on March -15,
1982, did not provide the owner with a just and reasonable return
on property. Also, in unusual circumstances, where the MNOI
formula would not provide a reasonable measure, the hearing
officer is given the discretion to use other formulas.
6. Paragraph 5.44.110 has been changed regarding an
appeal from the decision of the hearing officer. In this case,
if either party is dissatisfied with the decision reached by the
hearing officer, then an appellate hearing may. be requested.
Notice shall be given to the City Clerk and the Clerk shall
identify seven qualified hearing officers. Owners and tenants
may each delete one person from the list of qualified hearing
officers and three persons shall be selected by the Clerk of the
remaining qualified hearing officers on the list. The appellate
panel shall determine whether or not a further hearing shall be
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San Luis Obispo City Council
December 23, 1987
Page 5
held or whether or not to ratify and adopt the decision of the
officer. If a hearing is held, the appellate panel may modify or
reverse the decision of the hearing officer if it finds that
there has been an abuse of discretion or that there is no
substantial evidence to support the hearing officer's decision.
The Ad Hoc Committee requests that this matter be set
on the earliest agenda for your consideration. The Ad Hoc
Committee would request that you approve its recommendations for
modification of the Mobile Home Rent Stabilization Ordinance.
In the meantime, members of the Ad Hoc Committee would be willing
to meet with individual counsel members to provide further
explanation of the proposed changes and /or the negotiating
process.
Very truly yours,
THE AD HOC COMMITTEE
ON RENT STABILIZATION
RESIDENTS:
City Mobile
es R / Laguna Lake Mobile Estatesw
y,K,�j�r rivr � � ✓L��fj"/l �
Ladd Day, Lag 'Lake Mobile Estates
A.
Bill Welch, La un lake- Mobile Estates
ay Robbins, Village Mobilehome Park
Dick M iller, Silver City Mobile Lodge
4 / F1 R 5�q
Mylon Rayborn , Valley Vista
Mobilehome Park
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San Luis Obispo City Council
December 23, 1987
Page 6
Ray Niemish, Creeksi de Mobilehome Par k..0j��/
Ayrt� M6nTglen, 9te6kside Mobilehome Park
Fred Land, Mathews Mobilehome Park
Pat Flemming, ManjPger
Creeksi bilehome Park.
C4. IPenderson, Owner
Oceanaire Mobilehome Park
es Long,
Park
ide Mobilehome Park
Tina Constance, Manager
. Silver City Mobilehome Park
cc:
ltr \counsel.ltr-
' ago- &
RECEIVED
JAN - 7 1988
OTT CLC4p
SAN &.ua rmspa e.
Chapter 5.44
December 23, 1987
MOBILE HOME PARK RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed.)
5.44.050 City Council -- Powers and duties.
5.44.060 Base space rent -- Determination -- Allowable
increases without hearing
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
5.44.080 Application for rent irereage adjustment - - Conduct
of hearing.
5.44.090 Application for rent ineeee -e adjustment- -
Evaluation-- Relevant factors.
5.44.100 Application for rent rrrerease adjustment- -
Hearing-- Determination.
5.44.110 FRepee -1 red+ Application. for rent increase- -
Hearing-- Appeal.
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
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B. Mobile home tenants, forced by the lack of suitable
alternative housing, have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and•
the substantial investment of mobile home owners in
such.. homes, this council finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional .amenities, and other costs of
operation, and to .receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes• who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part), 1982: prior code
§4800)
5.44.020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home nark that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
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provided, that this definition shall be limited to
capital improvements either approved by more than fifty
percent of the tenants in the affected park. -er-
eenabinct�- to-- omi�l�- Kith - moire- �iree�ioa -e€ -�-
aqerieY
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D.. (Repealed)
&D. "Mobile home tenant" or "tenant" means 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.
gE. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility. or -to
condition. or to repair damage resulting from fire,
earthquake or other casualty.
GF. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit.
(Ord. 923 §1 (part), 1982: prior code §4801)
. =tacaii_i. - m Zmwuutie DY 41rL pecuuest or devise
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knowledge of mediation process and rules of evidence.
5.44.030 Exemptions.
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which
provide for a
tenancy of more than a year, but only for the duration
of such lease or contract. Upon the expiration of or
other termination of any such lease or contract, this
chapter shall immediately be applicable to the tenancy.
No rent increases other than that allowed under the
provisions of the lease, shall be allowed during the
duration of such a lease or contract.
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PG. Mobile home parks which sell lots for factory -
built or manufactured housing, or which provide
condominium ownership of such lots, even if one or'more
homes in the development are rented or leased out.
(Ord. 923 §1 (part), 1982: prior code §4802)
5.44.040 (Repealed)
5.44.050 City Council -- Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter; er- to- any-- e�cereages- err, - -ar
ekaagee- fer,-- seraiees br -faekI ifiesr
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
e-----
eomple�iea- ef- r�s- kearrag- area- tavestigatierr9.
BC. To adopt, promulgate, amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
(Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent- - Rete-n&kmetr-iro-a - -All owable
increases without hearing.
A. The "base space rent" for purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease. upon expiration of the leaser
shall be no more than the rent charged in the last
month of said lease. In parks where there is 'an
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park.
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I
8--- �lxeepb-- ag- eth�ri+i -ae- provided- sir �?.�•!�- , - -tke
maximum -iftor -r-- apaee- Tese-l-r-- near- fDe- tnerease& -im- mere
thwt- eace-- a-- Year- -br' -the -3 *.&� -.&f- them- - tvo-- fef�e6r }ng
ameatrtts-
f-- -Eigkt pereeat- ef- tke- thza- exi- sttreg- space - rent -r
�.--- an- - imereese -v! a the-- theSr- wtist -i *T -space -rertt
egttal--to—h reoeR=- �aetiertty- five -
the Sireatt-- 8 f- -haber
Statrsties; - .-Fr.-- Nat ianaI- {onsumerr- mice-- Pndex-�
fer -the- preeeding- trrepve- meatk� per r
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
CPI, or 9 %, whichever is less, calculated as follows:
of 5 percent (5 %) calculated as follows:
CPI index.
2•.b. If the resulting quotient is less than 1.05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
product and 1.05 shall be multiplied by 75
B.2 above. The sum shall be the new space rent..
4.d. The beginning CPI index shall be the index
for the month used as the ending index for the
last CPI adjustment.
S.e. The ending CPI index shall be the index for
the month twelve months after the beginning index.
6
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recently published.
3.
2 --- fc�rfet iort- e f - the-- erne -pear - �3se itat3ess- �s�- -reata�
frrereaxs- ae- praaictee�- ta- thi-s- seetiea - sira�� -lx -freae he
date- tfre -- fact- ds�t�-- frrereaae -e-- effective -mot -tine
parr-
C. The maximum monthly space rent of a tenant may be
increased by the owner when there is a chance of
-Law, Lnen upon any such subletting then the space rent
may be increased up to 10% of the then - existing space
rent. In the event of change of ownership resulting
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant 'in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase 'Dy a reduction of general park
facilities and services. However, an owner may mnaifv
reasunaoie reauction rrom tneir base space rent (Ord.
1079 §1, 1986; Ord. 1020 §1, 1984: Ord. 923 §1 (part),
1982: prior code §4805)
Lweive -monLn perioa Tne quotient shall be allocated
7
to the space rent for each space in the park based on
5.44.070 Application for rent irrereame adjustment- -Fee --
Contents -- Notice of request -- Hearing.
Prr- -An bwrrer-whe kas -beea- regtttred -to - m&ke- expenc�ibrrres
er- bras-- irreetrre� ��.�4- ef- etteh- a�neeints -t�ret ��rr�� -be
ttnab�e- �:o-- ma3ce --� -j ast- �c�- �eesorrebi�-- rehttrrr- esrr -hts
preperby - -g ideas -- tire- stex- i�tttm-- ��*_- �►�--- pe- rari�� - -by
Seetiorr- jr #4r969 ;-- May
appfieatierr -f er- s- rerr�- ��r !�*°°-- tw��sre- br�nore•- spaees
er -- app�ieati -err -- te-- rectttee, - --er - �irarge-- fer,--- eerta�n
eerv4 4ee9- ot- -faeiI =ties; -41r- either- -eveftt-- vetevredr -be
hereinafter -ass - J L app 14re ert4,o iV - er- Meppiieat-ien --swr• -rent
irnerease:x
adjustment ("application "). The application shall
state the amount of the adjustment for each space
affected and the reasons for the adjustment.
1.
An
application
shall be accompanied by the
payment
of
a fee as may be established from time
to
time
by
the council.
containing the names and addresses of tenants
representing no less than 51% of the spaces
B -- Prtt- app�ieatiert- for -a- rent- rrrerease pttrattarrt- to -tkrs
seetierr -gka��
4. A statement shall accompany the application
-be - aeeempaated -by - the- payreat- ef- a-fee -ef
three - hundred- de��e�s
ae- app�ieab�e, -- the- adclrese- of -the n�ebt�e home - parr, - -the
gpaet- nt:tuber- ar- �rmbe�rf��rkr-ic�r�. -end ism- eq�eeted-te
be- tnereasec�,- bke�ametrat -ef - the- reeprestee} - teat- �rrereage
er-! �! �- or--£ aei £�tiee-- ree�tretiea- �- eiia�ges ; - -the
prepexd- effeettve- date- of- -�xc�r = �y��,-- reckte•�io;r -er
ekarge- acid- t£re- �� -��. - se�ppertfag- the- spgl�,eat��rr- -eke
app�ieaat- 3ka��- predttee -at- the- requeet- of -the bearer -arry
reeerds-- reeespte -- reports- eesr -:-�� r�=`�- that• -the
beard-- mey- �ee� -�- £er-- the-- boarto-- ma3te --a
determirrati err -whether -te- approve -the - appl- keatiea --
by secret ballot election.
8--- i�htt�trre�- s�re13 - �►s�+!��e[.�ir =� _%��s :_ :_ t, -- either
perseaaI-Ir, - -br- br ; -- with-- ttetiee --ef -- the - -reat
rnereax- er- etar�griTr- se�rices-br fa�rbi- ties- regtteated
arr�- with -�► once- �he�- app�ieatiea- £er- ttptx�aae3- �f --aame
i- a- beistq- �i3�- ir-ifi3r -tire - beard--- �zwof- bf- �c- kr -xrvi ee
aha�f-- be- �i3ee�-- with -- the- �o�3 -- - with - -the
1 -0 1 �5
filing- of - the- �pp�- ice�iorrr -- 2eptee -vim �e- -app�i cation
ekaff - �- e+ani34bie -- free --ef - �e�ge- -to- - n ny - -af f eebed
tenants - re qae s t i ng- -same - � -the - b a n i n e n a- o%fi� -xsr -th e
affeetec��ar}r.
D. If an objection is filed within the time provided,
within 60 days, then the tenant representatives shall
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shall
be notified that an agreement has been reached. The
the City Clerk that an agreement has not been reached.
as the hearing officer. Appointment of the hearing
officer shall be completed no later than twenty -one
days after filing of the notice that an agreement has
not been reached.
OF. The Goanei-+ hearing officer shall set a hearing on
the application complying with the requirements of this
section no less than ten days and no more than thirty
days after his appointment. receipt -ef- the- epg}�entien
arre�- preef- ef- xrriee The eemnei4 hearing officer shall
notify the owner and tenants, in writing, of the time,
place and date set for the hearing. No hearing or any
part hereof may be continued beyond thirty days after
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the initial hearing date, without the applicant's
consent. If the Ebtt"i-i hearing officer approves an
application as requested or as modified, the same shall
take effect as noticed by the owner or as the eettmei4
hearing officer may otherwise direct. (Ord. 1077 §21
1986; Ord. 923 §1 (part), 1982: prior code §4806)
5.44.080 Application for rent iaereaae adiustment -- Conduct
of hearing.
A. All review hearings conducted by the eettaei4
hearing officer shall be conducted in accordance with
the Ralph M. Brown Act, at Section 54950 et seq. of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other person as may
be designated by the parties in presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the eettrv_ -A hearing officer may hear
and review such evidence as may be presented and make
such decisions as if all parties had been present.
D. Appl-iearrt owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
§1 (part), 1982: prior code §4807)
5.44.090 Application for rent. iaerease adjustment- -
Evaluation-- Relevant factors.
In evaluating the application the eew ei-i hearing
officer may consider, along with all other factors it
considers relevant, changes in costs to the owner
attributable to increases or decreases in master land
and /or facilities lease rent, utility rates, property
taxes, insurance, advertising, variable mortgage
interest rates, employee costs, normal repair and
maintenance, and other considerations, including, but
not limited to, rehabilitation work, capital
11
improvements, upgrading and addition of amenities or
services, net operating income, and the level of rent
necessary to permit a just and reasonable return on the
owner's property. (Ord. 923 §1 (part), 1982: prior
code § 4808)
A. In annlyina the forecaoina factors, the hearing
officer shall utilize the maintenance of net operating
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve -month period reasonably close to December 31.
1981 may be substituted. The difference shall be added
to cross annual rent based on rental rates in effect on
March 15, 1982. The sum shall be the allowable cross
shall be adiusted as follows:
space rent based on the space rent in effect on
to the adjusted NOI. The sum shall be the
inflation adiusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adiusted for inflation.
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J,Jq
provide a lust and reasonable return to the owner.
his property.
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44.100 Application for rent trrereax adjustment-- Hearing-
- Determination.
A. The eetrrte+ hearing officer shall make a final
decision no later than twenty days after the conclusion
of its hearing. The hearing officer's decision shall
be based on the preponderance of the evidence submitted
at the hearing. The decision shall be- based *on
findings. All parties to the hearing shall be advised
by mail of the Counsel's hearing officer's decision and
findings.
B. Pursuant to its findings, the Gerrrtei} hearing
officer may:
1. Permit the requested rent- iaereage adjustment
to become effective, in whole or in part; or
2. Deny the requested rertt- inerease adjustment;
or
3. Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the eettsei4 hearing officer shall
be final unless, within fifteen days after mailing of
the decision and findings the owner or any affected
tenant appeals the decision. (Ord. 923 §1 (part),
1982; prior code §4809)
D. The hearing officer's charges shall be paid by the
City.
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x.44.110 fRepea3ecl} Apnlication for rent adjustment- -
Appeal-- Hearing.
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
D. If the party filing the appeal is unsuccessful,
payment of the Appellate Panel's charges..
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5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
A tenant may refuse to pay
made in conformity with this
pay shall be a defense in any
possession of a mobile home
rent increase. (Ord. 923 §1
§4811)
any increase in rent not
chapter. Such refusal to
action brought to recover
space or to collect the
(part), 1982: prior code
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a mobile home space, the court
may consider as grounds for denial any violation of any
provision of this chapter. Further, the determination
that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 923 §1 (part), 1982:
prior code §4812)
5.44.140 Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or' contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part), 1982: prior code
§4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Counsel.
5.44.142 Severability
ord \mobile.rin (12/23/87)
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