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ARTICLE I. MOBILE HOME PARK RENT STABILIZATION SYSTEM
(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)
For the purpose of this chapter, the following words shall have the following meanings:
(A) CPI - The consumer price index prepared by the bureau of labor statistics for the Los Angeles-Anaheim-Riverside area relating to all urban consumers as further set forth in section 24-9.
(B) HEARING OFFICER - The person designated by the city council to conduct evidentiary hearings on the various matters assigned to the hearing officer by this chapter.
(C) MOBILE HOME - A structure designed for human habitation and for being moved on a street or highway under a permit issued pursuant to state law. Mobile home shall include a “manufactured home” and a mobile home, as defined in state law, but does not include a recreational vehicle or commercial coach as defined in state law.
(D) MOBILE HOME PARK or PARK - An area of land in the city where two or more mobile home spaces are rented or leased out for mobile homes used as residences.
(E) MOBILE HOME PARK OWNER or OWNER - The owner, lessor, operator, or manager of a mobile home park.
(F) MOBILE HOME PARK RENT REVIEW BOARD or BOARD - The Mobile Home Park Rent Review Board established by this chapter.
(G) PROTEST - A written statement signed by residents representing 25 percent or more of the spaces in a park specifically setting forth the grounds for disputing an owner's decision or application for a space rent increase and containing a suggested resolution of the dispute.
(H) RENT STABILIZATION DIRECTOR or DIRECTOR - The person designated by the city manager to carry out the functions of the director.
(I) RESIDENT - Any person who occupies a mobile home or recreational vehicle which is located within a mobile home park and governed by this chapter.
(J) SPACE RENT - The consideration charged in connection with the occupancy of a space in a mobile home park including the use of common areas, not otherwise separately itemized in accordance with this chapter. Space rent shall not include:
(1) Amounts paid for the use of a mobile home dwelling unit;
(2) Security deposits;
(3) User fees for services or facilities which may be utilized at the option of residents;
(4) Utility charges in those mobile home parks which the owner bills residents separately whether or not the mobile homes are individually metered; or
(5) Pass-through items including utility charges.
(K) UTILITY - The services provided to a resident, such as water, solid waste collection, wastewater, cable television, gas and electricity.
(`64 Code, Sec. 17.1-2) (Ord. No. 2475)
The provisions of this chapter shall not apply to the following:
(A) A mobile home park space rented for nonresidential purposes;
(B) All mobile home parks constructed after January 1, 1986, which on the date of adoption of this chapter have a vacancy rate of over 10 percent, until such time as 90 percent of the total park spaces are filled. When 90 percent of the spaces are filled, the mobile home park shall be governed by this chapter.
(C) Mobile home parks managed or operated by the United States Government, the State, or the county;
(D) Mobile home park tenancies which do not exceed an occupancy of 20 days;
(E) Mobile home park tenancies for which any federal or State law or regulation specifically prohibits rent regulations;
(F) Mobile home park tenancies established by leases which provide for a term of more than a year, but only for the duration of such lease. Upon the expiration of any such lease, this chapter shall immediately be applicable to the tenancy.
(G) 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 mobile homes in the mobile home park are rented out.
(`64 Code, Sec. 17.1-4) (Ord. No. 2475)
(A) Board established - There is hereby established a Mobile Home Park Rent Review Board consisting of five members. The board members and alternates shall be appointed by and serve at the pleasure of the city council. A quorum shall consist of three members present and voting.
(B) Alternates - For each regular board member, the city council may appoint an alternate member to serve in the absence of the regular member.
(C) No financial interest -
(1) The five members of the board and their alternates shall be persons who are not connected with the real estate or rental housing industry for their personal financial gain.
(2) Neither board members nor their alternates shall be residents of or have any financial interest in any mobile home or mobile home park. Board members and their alternates shall file a declaration to this effect with the city clerk, under penalty of perjury.
(D) Compensation - The city council may, by resolution, establish compensation for board members and their alternates. Board members and their alternates may also receive reimbursement as provided by the city council for traveling and other expenses incurred while performing official duties.
(E) Term -
(1) Board members shall be appointed for a term of three years and shall serve no more than two terms. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year.
(2) A term of less than one year shall not be considered a full term. Terms shall expire on November 30 of the applicable years. A member shall continue in office for the term for which he/she was appointed or until his/her successor is appointed.
(`64 Code, Sec. 17.1-5) (Ord. No. 2475)
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