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(A) Procedure -
(1) A CPI formula adjustment is a space rent adjustment granted to an owner in accordance with procedures established by resolution adopted by the city council. A CPI formula adjustment shall be based upon the percentage change in the CPI for the year ending in August. The resulting adjustment shall be for rent increases taking effect in the following calendar year. The CPI formula adjustment shall be calculated as follows:
(a) If the percentage change in the CPI is 4 percent or less, the permissible CPI formula adjustment shall be equal to 100 percent of the change in the CPI.
(b) If the percentage change in the CPI is greater than 4 percent but less than or equal to 9 percent, the permissible CPI formula adjustment shall be equal to 75 percent of the change in the CPI, or a 4 percent adjustment, whichever is greater.
(c) If the percentage change in the CPI is greater than 9 percent, the permissible CPI formula adjustment shall be equal to 67 percent of the change in the CPI, or a 6.75 percent adjustment, whichever is greater.
(2) CPI formula adjustment applications may be submitted no more than once a year. Any space rental increase as provided herein shall be effective on the date specified in the application or as otherwise approved by the hearing officer.
(B) Review - The hearing officer shall conduct a hearing to review a CPI formula adjustment application only on receipt of a protest. The hearing officer shall decide the issues in dispute. The hearing officer shall issue a written decision on the application and protest no later than 35 days following the completion of the hearing.
(`64 Code, Sec. 17.1-9) (Ord. No. 2475)
(A) Procedure - An owner may submit to the director a discretionary rent increase application in accordance with procedures established by resolution adopted by the city council.
(B) Standards of review - In evaluating any discretionary rent increase application, the hearing officer shall consider the gross total income of the park, changes in operating expenses to the owner attributable to increases and decreases in the listed operating expenses, net operating income, and the level of space rent necessary to permit a just and reasonable return on the owner's investment.
(C) Fair return to owner - The discretionary rent increase application procedure and the hearing officer's review shall be structured to permit a continuation of the net operating income to the owner and a just and reasonable return on the owner's investment at the same level (adjusted for the effect of inflation) experienced by the park in the year immediately preceding the first impact of rent stabilization on the park.
(D) Decision of the hearing officer - The hearing officer shall issue a written decision on the application no later than 35 days after the completion of any hearing. The hearing officer's decision shall be based on substantial evidence submitted at the hearing. All parties to the hearing shall be advised of the hearing officer's decision and given a copy of the findings. Consistent with the findings, the hearing officer may:
(1) Authorize the requested increase to become effective, in whole or in part;
(2) Deny the discretionary increase;
(3) Order a reduction in space rent to a rate determined by the hearing officer;
(4) Find that an increase that went into effect, or any portion thereof, is not justified and order the owner to refund the amount found to be unjustified to the residents within 30 days after the decision of the hearing officer is final;
(5) Find that a proposed increase, or any portion thereof that was previously unjustified, is justified and order the residents to pay the amount found justified to the owner within 90 days after the decision of the hearing officer is final; and
(6) Deny a retroactive increase based upon unreasonable delay in the provision of information required for the hearing process.
(`64 Code, Sec. 17.1-10) (Ord. No. 2475)
(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)
(A) Procedure - The granting of a pass-through item by the hearing officer to the owner shall be in accordance with application procedures established by resolution adopted by the city council.
(B) Eligible items - Subject to the requirements of State law, guidelines adopted by city council resolution and disclosure to residents of total billing and method of allocation, an owner may remove from the monthly space rent and separately itemize on the monthly rental statement the cost for any utilities not metered to the resident's mobile home. The owner may pass on to the residents any increase or decrease in utilities as they occur.
(C) Protest - Residents shall have 15 days from the date that a notice of pass-through item application is mailed to file with the director a protest to the application objecting to the accuracy of the calculations used by the owner to determine the pass-through item. Within ten days of the filing of a protest, the director shall notify the owner in writing of the protest and schedule a hearing by the hearing officer.
(D) Review - The hearing officer shall review the application and shall allow only testimony that relates to those disputed issues listed in the protest. The hearing officer shall decide the issues in dispute. Within 35 days after the completion of the hearing, the hearing officer shall issue a written decision on the application and protest.
(E) Termination - Parks with existing authorized pass-through items may modify or terminate such items in accordance with procedures established by resolution adopted by city council.
(`64 Code, Sec. 17.1-12) (Ord. No. 2475)
(A) Determination of services - On October 1, 1991, or on such later date as is allowed by the director, the owner shall file with the director a notice of services provided which shall list all the services that the owner then provides to the residents of the park. Any reduction or deletion in services or utilities (or conversion of such service or utility to a separately billed item) by the owner shall be permitted only in accordance with the procedures established by resolution adopted by the city council.
(B) Effect of reduction in service - The owner shall deduct the monthly cost for a reduced or deleted or separately billed service or utility from the monthly space rental effective the month that the reduction, deletion, or separate billing occurs.
(C) Hearing officer review of services -
(1) Residents shall have 35 days from the date that a notice of an owner's application for a space rental adjustment or notice to reduce or delete services is mailed to file a protest with the director to the adjustment based on the owner's reduction or deletion of services within the park since the last adjustment.
(2) The hearing officer shall review the services which the owner provided at the time of the last space rent adjustment and determine if those services are continuing. If an owner deleted or reduced a service after the last adjustment, the hearing officer shall have the power to reduce the pending adjustment by the amount saved by the owner due to the deletion or reduction. The hearing officer shall decide the issues in dispute. Within 35 days from the completion of the hearing, the hearing officer shall issue a written decision on the space rent adjustment and protest.
(`64 Code, Sec. 17.1-13) (Ord. No. 2475)
(A) Rules of evidence - The formal rules of evidence or procedure shall not apply to hearing officer proceedings, except to the extent required by the hearing officer.
(B) Errors - No action of the hearing officer shall be held void or invalid or be set aside on the grounds of the improper admission or rejection of evidence, or by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, or any matters of procedure whatever, including, but not limited to, those included in this section, unless after an examination of the entire case, including the evidence, the reviewing body shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.
(`64 Code, Sec. 17.1-14) (Ord. No. 2475)
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