(A) In 1982, the city council found that rapidly rising rents had occurred in the mobile home parks in the city due to a shortage of mobile home spaces and the high cost of relocating a mobile home. The city council also found that the mobile home owners who rented spaces for the mobile homes they owned made a substantial investment in the homes and their spaces. For these reasons, the city council adopted Ordinance Nos. 1940 and 1946 in 1982 to protect the mobile home owners in the city from excessive rents and to protect their investment in their homes while at the same time providing for a fair return for park owners. Ordinance Nos. 1940 and 1946 were codified as chapter 24 (this “chapter”) of the code.
(B) This chapter was revised in 1986, 1988, 1990 and 1991.
(C) In January of 1998, the city council established a mobile home rent stabilization ordinance review task force to review the need for mobile home rent stabilization in the city and consider possible amendments to improve the administration of the mobile home park rent stabilization system (“system”) provided by this chapter. The task force consisted of nine members and five alternates. Three members and two alternates were selected by the mobile home owners who rent spaces in mobile home parks in the city, three members and two alternates were selected by the owners of mobile home parks in the city, one member and one alternate were selected by the mobile home park rent review board and two members were appointed by the mayor with the approval of the city council. The task force held 11 meetings to consider proposed changes to this chapter and receive public comment concerning rent stabilization. At its last meeting in September of 1998, the task force adopted a report recommending modifications to various time limits, clarification in the definition of certain terms, streamlining of the hearing and protest procedures and the appeal process and modifications to the formulas for calculating annual space rent increases based on the consumer price index and change of occupancy increases. Twelve of the 14 recommendations made by the task force, received either a unanimous vote or majority vote from the members representing both the mobile home owners and the mobile home park owners.
(D) The city council held hearings to consider the recommendations of the task force and the mobile home park rent review board, and to receive public testimony, testimony from park owners and their representatives, and testimony from mobile home owners who rent spaces for their homes in mobile home parks in the city. The city council also considered the information in various reports provided by staff concerning the administration of this chapter, the circumstances in the mobile home parks in the city, the circumstances of the mobile home owners who rent spaces for their homes in those mobile home parks, the interests of the owners of the mobile home parks in the city and the impact of mobile home rent stabilization on the city.
(E) The city council hereby finds that there continues to be a shortage of mobile home spaces in the city, particularly of spaces that are available to owners of homes already in a park who want to move those homes. In addition, it is expensive to move a mobile home, requires a special moving permit and involves tearing down the home, having it moved by specialized movers and setting the home up at the new location, including complying with new code requirements and upgrading the home as required by the park owner at the new location. There is a risk of damage to the home when a mobile home is moved and exterior improvements, such as porches, patios and carports must often be replaced. These facts make it almost impossible for mobile home owners to move their homes. The term “mobile” home is therefore misleading. These facts give rise to a market imbalance in which excessive rents can be, and often are, charged absent regulation. Further, the homeowners make significant investments in their homes and in improving the spaces they rent. They are often long-term residents of the city who have strong ties to the community and would prefer to remain in their homes in the city. However, if the mobile home owners cannot afford to pay rent increases, they must attempt to sell their homes and move elsewhere. Excessive rents can severely impair or destroy the ability to sell a mobile home at a price sufficient to recover the investment in the home. Further, excessive rent increases and lost investment fall with particular harshness on the significant segment of the mobile home owners in the city who are seniors on fixed incomes and the segment of mobile home owners in the city who have low to moderate incomes.
(F) Based upon the foregoing findings, the city council hereby finds that it is necessary to continue rent stabilization in the mobile home parks in the city; that the amendments to this article are consistent with the purposes of this chapter and the recommendations of the task force; and that the recommendations will improve the administration of this chapter by clarifying some of its terms and streamlining its procedures.
(`64 Code, Sec. 17.1-1) (Ord. No. 2475)