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(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)
(A) Institution of appeal process.
(1) Any written decision of the hearing officer may be appealed to the board by either the owner or by residents representing 25 percent or more of the spaces in the park affected by the hearing officer's decision. An appeal shall be requested by the filing of a notice of appeal signed by either the owner or such residents.
(2) The notice shall be filed with the city clerk within 15 days after the date the hearing officer's written decision is mailed to the owner and the residents' representative by the city.
(3) A copy of the notice filed by an owner shall be mailed by the owner to each affected space in the park and a proof of service of mailing shall be filed with the city clerk.
(4) A copy of the notice filed by the residents shall be mailed by the appealing residents to the owner and a proof of service of mailing shall be filed with the city clerk. A notice filed by residents shall include sufficient information, including, but not limited to, the residents' names and addresses, to enable the city clerk to verify the required number of signatures on the basis of one resident per occupied space.
(5) The notice of appeal shall contain the name, mailing address, and telephone number of an individual who shall be designated as the representative of the appealing residents. Official notices to the protesting residents may be served upon this representative. This representative shall also organize the presentation to the board on behalf of the residents.
(6) Except for protests of CPI formula adjustment applications, the execution of any hearing officer decision shall be stayed for 90 days from the date of filing of a notice of appeal.
(B) Transcript and exhibits -
(1) All testimony presented to the hearing officer during a hearing shall be stenographically recorded by a certified shorthand reporter. The city shall be responsible for the certified shorthand reporter's appearance fee.
(2) Upon the filing of an appeal from a hearing officer decision, the appealing party shall order and pay for the original certified shorthand reporter's transcript. Copies of the certified shorthand reporter's transcript shall be paid for by the parties ordering them. The original certified shorthand reporter's transcript and all original exhibits shall be provided within 30 days of the filing of the notice of appeal and thereafter be forwarded to the board.
(C) Effect of decision - The decision of the board shall be final and constitute the exhaustion of available administrative remedies to review hearing officer decisions.
(`64 Code, Sec. 17.1-15) (Ord. No. 2475)
(A) A resident may refuse to pay any increase in space rent which violates the provisions of this chapter.
(B) Such refusal to pay shall be a defense in any action brought by the owner to recover possession of a space for nonpayment of the amount of the space rent increase or to collect the increase.
(`64 Code, Sec. 17.1-16) (Ord. No. 2475)
In any action brought by the owner to recover possession of a space, the court may consider as grounds for dismissal of the action any violation of this chapter. Any eviction action brought within six months of a protest or complaint filed with the director by the subject resident shall be presumed to be retaliatory. This presumption affects the burden of proof and is rebuttable by the owner.
(`64 Code, Sec. 17.1-17) (Ord. No. 2475)
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