Loading...
(a) No landlord shall demand, accept or retain more than the maximum rent or the maximum adjusted rent for a mobile home rental space permitted pursuant to this chapter or to regulations or orders adopted pursuant to this chapter, nor shall any landlord effect a prohibited rent increase through the reduction of housing services.
(b) All landlords shall maintain records setting forth the maximum adjusted rent, the maximum base rent and the current rent being charged for each rental space. This information shall be disclosed to the City upon the City's request. Each landlord who demands or accepts a rent higher than the maximum adjusted rent or demands or accepts a fee or surcharge shall inform the mobile home owner, tenant, or resident or any prospective mobile home owner, tenant, or resident of the rental space, in writing, of the factual justification for the fee, surcharge or difference between said maximum adjusted rent and the rent which the landlord is currently charging or proposes to charge.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by § 3, Ord. 1559-NS, eff. September 6, 2011 as amended by Ord. 1686-NS, eff. August 19, 2021)
The maximum adjusted rent for any occupied rental space may be increased without permission of the City as follows:
(a) For a rental space which at any time after August 1, 1980 has not had a rent increase for a period of twelve (12) consecutive months or more, the maximum adjusted rent may be increased in an amount, as set forth in subsection (b) below, and as limited by subsection (c) below:
(b) Automatic annual adjustment. The automatic increase shall be determined by multiplying the maximum base rent by the index.
(c) Notice of increases. Notice of any increase in rent pursuant to this section shall be given in accordance with the Civil Code of the State of California.
(d) Notice of index. After review of pertinent information from the U.S. Bureau of Labor Statistics, the Finance Director or designee shall determine the index for each year, and the Community Development Department shall notify each landlord by mail of their determination.
(§ 2, Ord. 1254-NS, eff. January 23, 1996, as amended by § 6, Ord. 1559-NS, eff. September 6, 2011, as amended by Ord. 1686-NS, eff. August 19, 2021)
The following provisions apply to any rental space that is vacated or to the replacement of any coach on a rental space.
(a) The maximum adjusted rent may be increased by ten percent (10%) upon re-rental of an existing coach to a new tenant. This shall be known as a "Type A Recontrol."
(b) The maximum adjusted rent may be increased to any amount under the following circumstances and shall be known as "Type B Recontrol":
(1) The space is re-rented to a new tenant who replaces the existing Mobile home or brings a new mobile home to an empty space; or
(2) An existing tenant who has been a resident for less than one year replaces the existing mobile home.
(c) No increase in rent shall be permitted for a change of coach by an existing tenant who has been a resident of the park at least one (1) year.
(d) Notwithstanding subsection (a), (b), and (c) above, no increase shall be permitted if the new tenant of an existing mobile home is an immediate family member of the existing tenant and is not otherwise exempt from this chapter under Section 5-25.03. For purposes of this section the term "immediate family member" shall include a parent, grandparent, child, sibling, stepparent, stepchild, or stepsibling only.
(e) Thereafter, as long as the rental space continues to be rented by one (1) or more of the same persons, no other rent increase shall be imposed except as provided in this chapter.
(f) Notice of increases. Notice of any increase in rent pursuant to this section shall be given by the landlord in accordance with the Civil Code of the State of California. If an increase has been noticed but not effected prior to the effective date of the ordinance codified in this chapter, said notice shall be construed as a valid notice to increase rents in an amount not to exceed the increase permitted by this section.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by Ord. 1686-NS, eff. August 19, 2021)
(a) The Community Development Director shall have the authority to grant rent adjustments for capital improvement and rehabilitation work subject to the procedures set forth below for a rental space or spaces located in the same park upon receipt of an application for adjustment filed by the park owner of the rental space or spaces. In the City Council Resolution No. 2021-034 regarding a list of capital improvements, rehabilitation work, and useful life categories, adopted on June 22, 2021, the City Council has defined the eligible capital improvements and rehabilitation work and their useful life categories that are approved for reimbursement to mobile home park owners. Rent increases approved under this section shall be calculated on a per space per month basis and shall be amortized over the useful life of the improvement as set forth in such Resolution and apportioned equally among the total number of rentable spaces in the park. An increase granted under this Section 5-25.08 shall remain in effect only during the amortization period of the improvement. All applications for rent adjustments to reimburse the owner for capital improvements or rehabilitation work shall be governed by the procedures and requirements of this section.
(b) General requirements. A rent increase for purposes of reimbursing a park owner for a capital improvement or rehabilitation work shall be approved, if all of the following requirements are met, and the application for said rent increase otherwise complies with the provisions of this Section 5-25.08:
(1) The expenditure has been made within five (5) years of the date of filing the application.
(2) Work for which reimbursement is requested has been performed by a licensed contractor, where required by law.
(3) The mobile home park owner submits copies of the contract for the work, cancelled checks, paid invoices, and such other documentation as may be necessary in order to verify the costs incurred for the specific work for which reimbursement is sought.
(4) Required annual meeting. Mobile home park owners shall meet with tenants at least once in each calendar year to review and discuss future capital expenditure needs and plans, as well as upcoming potential applications and for rent increases to reimburse for capital expenditures.
(c) Individual tenant space improvements. No increase shall be allowed when the improvement was limited to the interior of a tenant's rental space and said improvement was not necessary to safeguard the landlord's property from deterioration or loss in value, unless the tenant has given express written consent to said increase.
(d) Special requirements. If the rent increase application is for the purpose of reimbursing a park owner for a new improvement, or for replacement of an improvement before the end of its useful life, then the rent increase shall not be approved unless the park owner obtains approval of a majority of tenants voting on the matter in conformance with the following requirements, and also submits satisfactory evidence with the application that demonstrates compliance with said requirements:
(1) All of the tenants whose rent would be increased have been provided notice of the nature of the improvement, its total cost, the rental increase (both monthly amount and duration) that will be requested, their right to vote on the issue of whether the improvement should be eligible for a City-approved rent increase in order to reimburse the owner for its cost, and the time and manner in which an election on the matter will be held;
(2) The notice was given at least ninety (90) days prior to submittal of the application to the City;
(3) The election required by subsection (1) above has been held by secret written ballot with each space affected by the proposed increase entitled to cast one (1) and only one (1) ballot, and the ballot itself shall recite the specific information required in the notice;
(4) A majority of ballots have been cast in favor of the improvement being eligible for reimbursement through a rent increase, as attested jointly by a representative of the park owner and a representative of the tenants, based on personal inspection and count of the ballots. If the tenant representative refuses to attest to the vote, then owner may attest and submit all ballots cast along with said attestation as proof of the vote; and
(5) The mobile home park owner shall provide documentation of number of ballots cast and the names and space numbers of those persons casting ballots in the election.
(e) Special requirements exception. The special requirements set forth in subsection 5-25.08(d)(4) shall not apply to applications for a rent increase to reimburse a park owner for replacement or renovation work before the end of an improvement's useful life, if it is demonstrated to the satisfaction of the Community Development Director, City Manager, or designee, as applicable, that the work was necessary due to conditions of force majeure (floods, fire, earthquakes, or other Acts of God) or other good cause.
(f) Application filing procedure. Applications for rent adjustments under this subsection shall be submitted to the Community Development Department (Department) on forms provided for that purpose and shall be accompanied by a filing fee of Twenty and no/100ths ($20) Dollars plus Five and no/100ths ($5) Dollars per space affected by the proposed increase. The Department shall notify the applicant of its determination whether the application is complete within thirty (30) days of receipt. If the application is not complete, the Department shall identify information that is missing and required for a complete application. If the Department fails to so notify the applicant within thirty (30) days of receipt, then the application shall be deemed complete.
(g) Notice to tenants by landlord. Upon the Community Development Department determining an application is complete, or if the application is deemed complete pursuant to subsection 5-25.08(f), the landlord shall provide a notice within seven (7) days to each tenant whose rent would be increased that an application has been filed, the nature of the work for which reimbursement is sought, and the amount and duration of rent increase requested. The park owner shall make available to tenants for inspection a copy of the complete application, including all supporting information and documentation, and upon a tenant's request shall provide a copy at a reasonable direct cost of copying.
(h) Tenant opportunity to object. Tenants affected by the proposed rent increase may submit objections regarding the application to the Community Development Department, along with supporting information that evidences noncompliance with the provisions of this section and/or City Council Resolution regarding a list of capital improvements, rehabilitation work, and useful life categories (resolution number to be provided after resolution adoption).
(i) Consideration by Community Development Director. If the Community Development Director receives no objections, or no objections that are supported by evidence of non-compliance, from any tenant within thirty (30) days after the application is complete, and can make all of the findings required by Section 5-25.08(m) of this chapter, the Community Development Director may approve the application, in whole or in part, without hearing. The Community Development Director shall notify the applicant of the decision in writing no later than sixty (60) days after the application is accepted as complete or deemed complete, and the decision shall state the amount and duration of the approved increase, effective date, and recite the findings required by subsection 5-25.08(m) of this chapter, if applicable.
(j) Consideration by City Manager. Except for applications or parts thereof approved by the Community Development Director pursuant to subsection 5-25.08(i), all other appeals of applications or parts thereof that are not approved shall be decided by the City Manager, or designee. Any appeal must be requested in writing to the City Manager within fourteen (14) days of the Community Development Director's decision. The hearing shall take place no later than forty- five (45) days after the Community Development Director's written decision. The City Manager shall consider the information provided in the application, any information submitted by tenants affected by the requested rent increase, the provisions of the Resolution referenced in Section 5-25.08, and any other factors he or she deems to be relevant to the purposes of these provisions. The City Manager may provide additional procedural rules for consideration of applications under this subsection.
(k) Notice of hearing. Notice of any hearing required pursuant to this subsection shall be given by mailing at least fourteen (14) days prior to the hearing, to the applicant and to all tenants whose rent would be increased. The notice shall state the date, time, and location of the hearing.
(l) Decision of City Manager. The City Manager or designee shall render a decision on the application in writing to the park owner and Community Development Director no later than thirty (30) days after the hearing date. The City Manager's decision shall state the amount and duration of the approved increase, effective date, and reasons for the decision, and the findings required by subsection 5-25.08(m) of this chapter, if applicable. The park owner shall post a copy of the decision at the Park Office in a conspicuous location.
(m) Findings for approval. A rent increase for purposes of reimbursing a park owner for a capital improvement or rehabilitation work shall be approved, if all the following findings have been made:
(2) Landlord has given notice to tenants as required by subsection 5-25.08(g), above.
(3) The type of capital improvement or rehabilitation work and its useful life are listed in and comply with the provisions of the Resolution referenced in Section 5-25.08 above. If the particular capital improvement or rehabilitation work is not listed in said Resolution, then a determination of the useful life has been made based on similar items listed in the Resolution and/or other competent evidence.
(n) Effective date. Any rent adjustment granted under this section shall become effective after the landlord has received the decision from the Community Development Director or City Manager, or designee, as applicable, and upon providing such notice of the approved increase to tenants whose rent is adjusted pursuant to the decision as may be required by the Civil Code of California.
(o) Finality of decision. The decision of the Community Development Director or City Manager, or designee, pursuant to this Section 5-25.08, shall be final, and no appeal of that decision may be taken by any party to the Planning Commission, City Council or any other officer of the City.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by Ord. 1686-NS, eff. August 19, 2021)
(a) Planning Commission adjustments. The Planning Commission shall have the authority, in accordance with such guidelines as the Planning Commission may establish, to grant increases in the rent for a rental space or spaces located in the same mobile home park, upon receipt of an application for adjustment filed by the landlord and after notice and hearing. If the Planning Commission finds that such request for increase is in keeping with the purposes of this chapter and that the maximum rent or maximum adjusted rent otherwise permitted pursuant to this chapter constitutes a just and reasonable rent on the rental space or spaces, the rent increase may be granted. The following are factors, among other relevant factors as the Commission may determine, which may be considered in determining whether a rental space yields a just and reasonable return:
(1) Property taxes.
(2) Reasonable operating and maintenance expenses.
(3) The extent of capital improvements made to the common area or spaces as distinguished from ordinary repair, replacement, and maintenance.
(4) Living space, and the level of housing services.
(5) Substantial deterioration of the rental spaces other than as a result of ordinary wear and tear.
(6) Failure to perform ordinary repair, replacement, and maintenance.
(7) Financing costs on the property if it contains either a balloon payment or variable rate provision.
(8) Changes to the CPI index utilized by the City of Thousand Oaks.
(b) Anti-speculation provision. If the only justification offered for the requested rent increase on the landlord's application is an assertion that the maximum rents or maximum adjusted rents permitted pursuant to this chapter do not allow the landlord a return sufficient to pay both the operating expenses and debt service on the rental space or spaces or on the mobile home park containing the rental space or spaces, a rent adjustment will not be permitted pursuant to this subsection to a landlord who acquired an interest in the rental space or spaces after January 1, 1980.
(c) Procedures involving applications regarding just and reasonable return.
(1) All applications for rent adjustment regarding just and reasonable return shall be submitted to the Community Development Department and shall include, among other things specified in the application requirements or requested by the Department, the mailing addresses and space numbers of the space or spaces for which an adjustment is requested. Each application shall be accompanied by a filing fee of Twenty and no/100ths ($20.00) Dollars plus Five and no/100ths ($5.00) Dollars per space affected by the proposed increase. The Community Development Department shall determine whether an application is complete within thirty (30) days of submittal. The applicant shall produce at the request of the Community Development Department, or Planning Commission at any subsequent hearing, such records, receipts and reports as may be necessary to make a determination on the adjustment request. Failure to produce such requested items shall be sufficient basis for the termination of the rent adjustment proceedings. All applications for rent adjustment, together will all oral and written evidence presented in support thereof, shall be under oath or penalty of perjury.
(2) Within ten (10) days of the determination by the Community Development Department that the application is complete, the Community Development Department shall set a date for a hearing and determination. The City shall notify the tenant or tenants of the subject space or spaces by mail of the receipt of such application, the amount of the requested increase, the landlord's justification for the request, and the place, date and time of the hearing on the adjustment request. The hearing shall occur no less than ten (10) days and no more than forty-five (45) days after the date of mailing such notice.
(3) The hearing shall be conducted in accordance with the rules of procedure which the Planning Commission may choose to adopt. In the event that the Planning Commission does not adopt such rules of procedure, the hearing shall be conducted in general accordance with the City Council Manual of Procedure, Ordinance 488-NS. At the time of the hearing, the landlord and/or affected tenants may offer such documents, testimony, written declarations, or evidence as may be pertinent to the proceedings.
(4) A determination with written findings in support thereof shall be made within seventy-five (75) days from the conclusion of the hearing.
(5) Copies of the findings and determination of the Planning Commission shall be mailed by the City to the applicant and all affected tenants.
(d) Appeal. Any dispute, contention, or disagreement relative to interpretation, application, or enforcement of this Section 5-25.09, shall be submitted to the City Council for determination in accordance with the provisions of Section 1-4.01 through Section 1-4.05 of the Thousand Oaks Municipal Code.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by Ord. 1686-NS, eff. August 19, 2021)
Loading...