(A) Change of occupancy.
(1) Upon a change of occupancy of a space, the owner may increase the rent for such space up to an amount equivalent to 15 percent of the average space rent for those spaces within the park with rents regulated by this chapter and not exempted from the provisions of this chapter, or $80 whichever is less. Such a change of occupancy increase may be applied to a specific space no more than once every five years. The calculation shall be made by the director once a year for each mobile home park, based upon such space rents in effect on the thirtieth day following the most recent rental adjustment application by the owner. The director shall notify each park owner in writing of the resultant calculation of the change of occupancy increase adjustment upon the initial calculation, and upon each recalculation thereof.
(2) Any transfer of rights to a space by a resident to any joint tenant or blood relation by gift, devise or operation of law shall not constitute a change of occupancy.
(3) On or before January first of each year, the owner shall post a written notice stating the maximum amount of rent to be charged for each space upon change of occupancy. This notice may be revised and posted no more than three times in the next 12 months with at least four months between each revision.
(4) Upon a written request, the owner shall provide to a resident, within 15 days of the request, a written commitment for the space stating the exact amount of the rent for the resident's space to be effective upon a change of occupancy. This commitment shall be effective for six months from the date of receipt by the resident.
(B) Written complaint - A change of occupancy adjustment may be reviewed by the hearing officer upon the filing of a written complaint with the director specifically setting forth the grounds for the complaint and containing a suggested resolution of the complaint. The director shall review the complaint and determine whether to schedule a hearing to resolve the matter.
(C) Review - At a hearing, the hearing officer shall determine if the adjustment conforms to the requirements of this chapter. If a resident claims discrimination in the owner's establishment of the rent for the particular resident's space, the resident shall have the initial burden of presenting evidence to show the existence of such discrimination. If the hearing officer finds by a preponderance of the evidence, that such discrimination has occurred, the hearing officer shall have the authority to reduce the proposed rent by the amount the hearing officer finds is based on the discrimination.
(`64 Code, Sec. 17.1-11) (Ord. No. 2475)