(A) No landlord shall reduce or eliminate any service to any mobile home space so long as this chapter is in effect, unless and until a proportionate share of the cast savings resulting from such reduction or elimination is passed on to the homeowner in the form of a decrease in space rent. If a landlord who provides services to a mobile home space in the nature of utility services, shall reduce or eliminate such service by separate metering or other lawful means of transferring payment for such services, the cost savings, if any, resulting from such reduction or elimination to be passed on to the homeowner in the form of a decrease of rent, shall be deemed to be the cost of such transferred utility service for the month of April 1, 1983. If April, 1983 is not representative of a normal or usual cost of such utility service at the time, or if either landlord or homeowner shall protest the use of the April, 1983 billing as a measure of such cost savings, then the computation of such cost savings for the period of April, 1983 through May, 1983, inclusive or such other period as the parties shall mutually agree is representative of such cost savings. Notwithstanding the foregoing, to the extent that Cal. Civil Code § 798.41 or any successor section is applicable, the amount of such reduction shall be computed pursuant to Cal. Civil Code § 798.41. Cal. Civil Code § 798.41 provides that the amount of the deduction shall be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service.
(B) For purposes of this section in determining cost savings to be passed on to the homeowner in the form of decreased rent, the cost of installation of separate utility meters, or similar or analogous costs to the landlord to shift the obligation for payment of utility costs to the homeowner, shall not be considered. Nothing stated herein shall be constructed to prohibit or prevent the consideration or inclusion of such costs, together with other operational costs of a landlord, in any proceedings before a duly appointed board, commission or other appointed body, authorized to hear and determine requests for hardship adjustment.
(Ord. 892, passed 4-4-84; Am. Ord. 1154, passed 5-18-94)