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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITAL IMPROVEMENTS. The installation of new improvements and facilities and/or the replacement or reconstruction of existing improve-ments and facilities which consist of more than ordinary maintenance or repairs and have a useful life of at least five years. Keeping the streets and common areas in good repair and/or replacing them shall not be considered capital improvement.
CONSUMER PRICE INDEX (CPI). The CPI published by the Bureau of Labor Statistics for the Los Angeles-Anaheim-Riverside Metropolitan Area, All Urban Consumers.
HOUSING SERVICES. Services connected with use or occupancy of a rental space in a mobile home park which are provided to residents for the rent charged for a space including, but not limited to, utilities, ordinary repairs, replacement and
maintenance, laundry facilities, recreational facilities, a resident manager, refuse removal, parking street cleaning and maintenance, and other benefits, privileges, facilities or terms and conditions of the tenancy.
MANUFACTURED HOME or MOBILE HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established herein. MANUFACTURED HOME includes a mobile home subject to National Manufactured Housing Construc-tion and Safety Act of 1974 (42 USC 5401 et seq.).
(Cal. Health & Safety Code § 18007)
MOBILE HOME PARK. Any area of land within the city where two or more spaces are rented, or held for rent, to accommodate mobile homes used for human habitation, but shall not include parks which rent spaces exclusively to recreational vehicles as that term is defined in Cal. Civ. Code § 799.29.
OWNER. A person or entity who receives or is entitled to receive rent for the use or occupancy of a mobile home park space or an agent or representative authorized to act on behalf of such person or entity.
RENT. The consideration paid for use or occupancy of a mobile home space and the provision or related housing services.
RENT ADMINISTRATOR. The person desig-nated by the City Manager to administer the pro-visions of this subchapter.
RESIDENCY. The right to entitlement of a mobile home owner to use, occupy and place a mobile home on a rental space in a mobile home park and to related housing services.
RESIDENT. An owner of a mobile home who has a residency.
VACANCY. A vacant space, or the sale by a resident of a mobile home in place in a mobile home park to a new owner.
('81 Code, § 8.48.020)
(A) Mobile home spaces in parks constructed after the effective date of the initiative codified in this subchapter;
(B) This subchapter shall not apply to the rent for a space while the space is subject to a lease which exempts that space from rent regulation pursuant to the California Mobile Home Residency Law, Cal. Civ. Code §§ 798 et seq.
('81 Code, § 8.48.030)
(A) An owner shall not charge, demand, accept or retain rent for a mobile home space exceeding the lawful rent in effect on December 31, 1991, except as hereinafter provided. Any rent increases, other than one authorized by state law, charged between the dates of January 1, 1992, and the effective date of the initiative codified in this subchapter shall be rolled back to rent existing on December 31, 1991. No notice of a rent increase may be given by a park owner to the residents until the rent increase has been approved pursuant to this subchapter and no rent increase approved pursuant to this subchapter shall be charged, demanded, accepted or retained until lawful notice of that increase has been given to the affected residents by the park owner.
(B) No owner shall reduce the housing services provided for the rent paid on the effective date of the initiative codified in this subchapter or under any previous ordinance. Any reduction in such housing services shall be deemed a rent increase in violation of this subchapter.
(C) A resident may refuse to pay rent in excess of a maximum rent permitted by this subchapter. The fact that such unpaid rent is in excess of the maximum rent permitted by this subchapter shall be a defense in any action brought to recover possession of a mobile home space and for nonpayment of rent to collect the illegal rent.
('81 Code, § 8.48.040) Penalty, see Ch. 13
The residents of each mobile home park in the city shall annually elect by majority vote, with one vote per space, a resident representative to receive all notices required by this subchapter. The residents shall advise the rent administrator of the name, address and telephone number of the elected resident representative, in writing, no later than January 31 of each year.
('81 Code, § 8.48.050)
(A) Composition and compensation. There is established a Mobile Home Rent Review Commission (Commission) consisting of three members who, along with their alternates, shall be appointed by and serve at the pleasure of the City Council.
(1) The City Council shall appoint three regular members and may appoint two alternate members to serve in the absence of the regular members.
(2) The three members of the Commission and their alternates shall be persons who are not tenants of mobile home parks, and are not owners of rental property. The members and alternates shall file with the City Clerk a financial statement reflecting the absence of any financial interest.
(3) All members and alternates shall be residents of the city.
(4) Commission members and their alter- nates shall be compensated for their services in an amount established by resolution of the City Council and may receive reimbursement as provided by the City Council for traveling and other expenses incurred while on official duty.
(5) Terms of Commission members shall be two years, or until a successor has duly qualified and been appointed.
(6) Commissioners appointed to fill vacancies arising during the term shall serve only for the remainder of the term of the Commissioner replaced.
(B) Powers and duties. The Commission shall have the following powers and duties:
(1) To meet from time to time as required by the rent administrator of the city;
(2) To review and determine rent adjust- ment applications pursuant to the provisions of this subchapter, to adjust maximum rents either upward or downward or maintain rents upon completion of its hearings and investigations;
(3) To render annually a written report to the City Council generally concerning its activities;
(4) To adopt, promulgate, and amend and rescind administrative rules to effectuate the purposes of this subchapter.
('81 Code, § 8.48.060) (Am. Ord. 1029, passed 7-19-99)
(A) Annual adjustment based on the CPI. On February 1 of each year, the rent may be increased to an amount equal to the rent in effect on January 31 of the prior year adjusted by 75% of the increase in the CPI. The increase in the CPI shall be equal to the percentage increase between the CPI last reported as of October 30 of the most recent year and the CPI last reported as of October 30 of the year prior to that year. However, the increase shall not exceed seven percent of existing rent. The increase shall be annually calculated by the rent administrator and posted by December 1 of each year. The amount of the increase shall be routed to the nearest one quarter of one percent. In the event that the CPI decreases, no increase or decrease shall be authorized pursuant to this section. It shall not be necessary for an owner to apply or submit an application for a CPI increase. Across-the-board rent increases allowed pursuant to this section may be accumulated and implemented by the owner at any future time but not in excess of 12 months after the date so permitted and subject to the maximum limitation on increases set forth in § 152.10.
(B) Rent adjustment based on capital improve-ments.
(1) An application for a rent increase based on the cost of a completed capital improvement may be filed with the rent administrator. It shall be approved if it satisfies the definition of a capital improvement set forth in § 152.02 of this subchapter and any criteria for capital improvements adopted pursuant to regulations; provided, that any increase granted shall be amortized over the useful life of the improvement and apportioned equally among all rental spaces in the mobile home park. Any increase granted under this division shall remain in effect only during the useful life of the improvement.
(2) A rent increase application filed under this division shall be granted or denied within 30 days of receipt of a complete application and written notice of the determination by the rent administrator shall be mailed to the applicant and affected residents within that time. Written notice that an application has been determined incomplete and the reasons for that deter-mination shall be given to the applicant within 30 days of receipt of the application. A written deter-mination to grant a requested increase or a modified increase shall specify the duration and amount of the monthly rent adjustment granted. If a modified increase is granted, the written determination shall specify the reason for the modification. If an increase is denied, the written determination that the applica-tion shall be denied shall specify the reasons for the denial.
(3) A park owner may, but need not submit an application to the rent administrator for a determination whether a proposed improvement would qualify as a capital improvement adjustment under this section upon its completion. The determination by the rent administrator shall be limited to the issue of whether the work proposed constitutes a capital improvement and shall not address the amount of rent adjustment which would result from completion of the improvement. If an improvement is determined to qualify as a capital improvement under this division, the only issue to be determined when the improve-ment has been completed and an application for a rent adjustment is received shall be the amount of the adjustment provided that the improvement constructed conforms to the proposed improvement submitted to the rent administrator. Written notice of the rent administrator's determination shall be mailed to the applicant and affected resident within 30 days of receipt of a complete application. Written notice that an application has been determined incomplete shall be mailed to the applicant within 30 days of receipt of the application and shall specify the respects in which the application is incomplete.
(C) Vacancy rent adjustment. Each time a space becomes vacant or a mobile home is sold on site in a mobile home park the new mobile home park resident may be charged a one-time administra-tive fee of $25 upon moving into the park.
(D) Rent reduction based on discontinuance or reduction of a service or amenity.
(1) A park owner may reduce or dis-continue a service or amenity upon a commensurate decrease in rent provided the service or amenity is not required by other laws or to maintain health and safety and habitability standards. A park owner may not discontinue an amenity such as, but not limited to, laundry facilities if doing so would unduly burden the residents.
(2) The rent administrator shall grant, deny or modify the requested rent decrease and dis-continuance or decrease in the service or amenity within 30 days of receipt of a completed application therefore. Written notice of the determination shall be mailed to the applicant and affected residents within that time and shall specify the reasons for the determination. If an application is incomplete, written notice thereof and the respects in which the application is incomplete shall be mailed to the applicant within 20 days of receipt of the application.
(E) Appeal. Any decision of the rent admini-strator pursuant to this section may be appealed to the Commission by filing an application for appeal within 15 days of the date the rent administrator's written determination is mailed to the affected park owner and residents. Appeals shall be processed, heard and determined pursuant to the procedures in § 152.09.
('81 Code, § 8.48.070)
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