The provisions of this Ordinance shall not apply to the following:
A. New Space or First Time Space Exemption - Space rent or space rent adjustments for new mobile home spaces first rented after the effective date of this Chapter shall be exempt from the provisions of the Chapter to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be adjusted annually under this Chapter after a space is first rented. In such cases, the base date for purposes of determining permissible future rent adjustments shall be the date of first rental or conveyance.
B. Vacancies
1. If the mobile home space is voluntarily vacated by the tenant, or vacated pursuant to California Civil Code Section 798.56, the landlord may adjust the rental rate to any amount as provided in Subsection A of this Section 8.90.050.
2. If the mobile home is sold and is to remain on site, the landlord may increase the rental rate for the new resident by an amount not to exceed ten percent (10%) of the then existing rent. Any rent increase pursuant to this Subsection B2 shall be implemented at the time the new resident first occupies the space and/or first enters into a rental agreement with the landlord.
3. The implementation of any rent increase allowed under this Subsection B shall not change the anniversary date for the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter.
4. A vacancy is voluntary if the tenant voluntarily and without coercion by the landlord vacates the rental space or, if the tenant dies and there is no surviving cohabitant.
5. Where the rent is increased pursuant to this Subsection B, the landlord shall, at the time the rent increase is implemented, provide the new tenant with written notice of the previous base rent for the space, the new base rent for the space in both dollar and percentage terms, and the anniversary date for the space for purposes of the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter.
6. The rent increases allowed under this Subsection B shall be in addition to any other rent increases authorized by this Chapter, including but not limited to the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter.
7. Notwithstanding anything herein to the contrary, nothing in this Chapter shall preclude any landlord from implementing any rent increases that are exempt under the provisions of the California Mobile Home Residency Law, including any rent increases that are exempt under Civil Code Sections 798.17, 798.41 and/or 798.49.
(Ord. MC-1481, 4-14-18; Ord. MC-1432, 11-23-16)