Chapter 15.20 MOBILEHOME PARK RENT STABILIZATION PROGRAM

A. Findings. Complaints concerning excessive rents by tenants of mobilehome parks led the city council to conduct a study of the situation in the mobilehome parks in the city. As a result of that study, staff investigation and testimony at public hearings held by the city, the city found an extremely low vacancy rate and a pattern of excessive rent increases beginning as early as 1983, when rent control was first sought from the county board of supervisors for the Yucaipa area. Excessive rent was an issue in the 1986 incorporation campaign, which resulted in the filing of a petition with the Local Agency Formation Commission ("LAFCO") on December 18, 1986 and again in the 1989 incorporation petition filed with LAFCO on March 2, 1989, which resulted in the incorporation of the city on November 27, 1989. The forty-three (43) mobilehome parks in the city contain approximately four thousand one hundred (4,100) spaces and provide approximately thirty (30) percent of the thirteen thousand eight hundred (13,800) dwelling units in the city. Mobilehome owners, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment to purchase a mobilehome for which they must rent a space in a mobilehome park. They have also made investments in maintaining and improving those homes as well as landscaping and exterior improvements to the mobilehomes and the rental spaces on which they are located. Alternative sites for the relocation of mobilehomes are difficult to find due to the shortage of vacant spaces, the restrictions on the age, size or style of mobilehomes permitted in many parks, and requirements related to the installation of mobilehomes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobilehome is substantial and the risk of damage in moving is significant. Thus, moving a mobilehome is not a feasible option if rent becomes excessive. The result of these conditions is the creation of a captive market of mobilehome owners and tenants. Their immobility and the shortage of spaces, in turn, creates an imbalance in the bargaining relationship between park owners and mobilehome park tenants. Because mobilehomes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, excessive rent increases fall upon these individuals with particular harshness.

On January 28, 1991, the city council enacted Ordinance No. 63 (amended). This ordinance established a comprehensive scheme for the regulation of space rents in mobilehome parks in the city, and limits the rent increases that may be charged by park owners.

B. On November 25, 1991, the city council enacted Ordinance No. 87, (as amended on February 13, 1992, by Ordinance No. 91), which prohibits park owners from requiring prospective residents from signing long-term leases as a condition of moving into a mobilehome park.

C. On September 18, 1992, the city council enacted Ordinance No. 113, which amended Ordinance No. 63 (amended) to allow the de-regulation, or de-control of space rents upon specified vacancies of a mobilehome park space, and provided for the re-imposition of rent control upon the imposition of the rent first charged after such vacancy. At the time of the adoption of Ordinance No. 63 (amended), the city council determined that the rent stabilization provisions of Ordinance No. 63 (amended), would provide sufficient protection for park residents against excessive rent increases without the need for control of rents upon vacancies.

D. Since the enactment of Ordinance No. 63 (amended), residents of mobilehome parks in the city have presented instances of park owners requiring prospective residents to sign long-term leases as a condition of moving into the park which such long-term leases exempt such persons from the protection of Ordinance No. 63 (amended). In addition, residents of mobilehome parks in the city have presented the city with instances of park owners raising rents several fold for new residents. As a result, these park residents have been unable to sell their coaches and move out of the park, and prospective residents have been forced to look for housing elsewhere. In some instances, park residents have been forced to sell their coaches to the park owner at minimal or no cost, such that the coach itself has little or no value, and the park owner has assumed the role of landlord on the specific coach as well.

E. As a result of these repeated problems, and the unnecessarily oppressive and harsh rent increases which have occurred, this city council finds and declares that it is necessary to facilitate and encourage fair bargaining between the prospective residents and park owners, as well as current residents and park owners, from excessive and unreasonable conditions imposed upon vacancies in mobilehome parks, and from unreasonable rent increases in an area of housing shortage. The city council finds that control of rents upon vacancy will not prevent park owners from realizing a fair and just return on their property when seen in the context of mobilehome rent control which has been established in the city.

F. In order to facilitate the above-stated policies, the city council, by Ordinance No. 104, adopted provisions limiting the rent that a park owner may charge upon a vacancy in a park. Ordinance No. 104, amended by Ordinance No. 113 provides for complete vacancy control, where it is believed that Ordinance No. 63 (amended) and other mobilehome rent control provisions adopted by the city council adequately protect the rights and interest of park owners. The ordinance codified in this chapter is intended to apply to any transfer of any mobilehome, as well as any change in occupancy of a mobilehome.

G. On March 28, 1994, the city council approved the annual report with respect to certain definitions and ministerial actions, and thereafter enacted Ordinance No. 126, which incorporated all previous amendments to Ordinance No. 63 (amended) and does not intend to make any substantive changes to Ordinance No. 63 as it was amended by Ordinance Nos. 104 and 113 other than those minor nonsubstantive amendments authorized by city council on March 28, 1994.

H. On December 11, 1995, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 126. The ordinance codified in this chapter incorporates all existing provisions of Ordinance No. 126, Ordinance No. 140 and Ordinance No. 152, except as modified in light of issues identified in the annual report.

I. On September 8, 1997, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 161. This ordinance incorporated all existing provisions of Ordinance No. 161, except as modified in light of issues identified in the annual report.

J. On November 8, 1999, the city council approved the biennial report with respect to certain revisions and additions to Ordinance Nos. 161/170. This ordinance incorporates all existing provisions of Ordinance No. 161 and Ordinance No. 170, except as modified in light of issues identified in the biennial report.

1. On August 2, 2001 and November 20, 2001, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.

2. On September 24, 2001, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

4. On January 28, 2002, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 214.

1. On August 25, 2003, and October 7, 2003, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.

2. On November 24, 2003, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter of the municipal code were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

4. On December 8, 2003, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 226.

M. On September 27, 2004, the city council approved the addition of subsection E to Section 15.20.110 of this code and enacted Ordinance No. 234.

N. On August 8, 2005, the city council approved the repeal of Section 15.20.117 of this code and enacted Ordinance No. 245.

1. On February 22, 2006 the mobilehome rent review commission conducted a noticed public meeting, received testimony and made recommendations to the city council on proposed amendments to this chapter (also referred to as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On April 24, 2006, at a noticed public meeting, the city council conducted the biennial review and received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to proposed amendments to this chapter, and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary in order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

1. On July 15, 2010, July 26, 2010, December 14, 2010, and February 22, 2011, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On April 25, 2011, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that certain amendments to Chapter 15.20 of the Municipal Code were necessary in order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

1. On January 13, 2016, March 22, 2016 and May 24, 2016, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On August 29, 2016, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

4. This ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq., hereafter the "Guidelines"), and the city's environmental guidelines. The city has determined that this ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this ordinance constitutes organizational or administrative activities of city government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project," this ordinance is not subject to CEQA's requirements. Further, even if this ordinance were deemed a "project" and therefore subject to CEQA, the ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).

1. On October 19, 2017, at a noticed public hearing, the mobilehome rent review commission ("commission") conducted the biennial review, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On November 6, 2017, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

1. On February 21, 2019, at a noticed public meeting, the mobilehome rent review commission ("commission") made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code and Resolution No. 2011-52 pertaining to the U.S. Department of Labor, Bureau of Labor Statistics updated definition of the Consumer Price Index (CPI) for the area that includes Yucaipa.

2. On March 11, 2019, at a noticed public meeting, the city council considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and Administrative Rules.

1. On January 15, 2020, at a noticed public meeting, the commission made recommendations to the city council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules pertaining to certain definitions, annual adjustments, rent adjustments upon vacancy, park resident representatives, the commission, and special rent adjustment application and appeal procedures.

2. On February 26, 2020, March 23, 2020, and April 13, 2020, at a noticed public meeting, the city council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the commission's and staff's recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 390.

3. On April 27, 2020, at a noticed public meeting, the city council conducted further Biennial Review of the Ordinance and Administrative Rules, including review and consideration of the commission's and staff's recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 391.

U. On November 9, 2020 and November 23, 2020, at a noticed public meeting, the city council reviewed legislative amendments to Civil Code Section 798.17 adopted pursuant to Assembly Bill 2782, Chapter 35, Statutes of 2020 (collectively "AB 2782") phasing out the long-term lease exemption from local rent control ordinances under the Mobilehome Residency Law, and staff's recommendations and public comments received on proposed amendments relating to the determination of annual adjustments for previously exempt spaces in accordance with AB 2782, and thereafter enacted Ordinance No. 397.

1. On May 17, 2022, at a noticed public meeting, the commission made recommendations to the city council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules, pertaining to annual adjustments, rent adjustments upon vacancy, park resident representatives, park registration procedures, and the biennial review process.

2. On July 11, 2022 and August 8, 2022, at a noticed public meeting, the city council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the commission's and staff's recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 413.

(Ord. 422 § 1, 2023; Ord. 413 § 3, 2022; Ord. 375 § 3, 2019; Ord. 368 § 3, 2017; Ord. 351 § 1, 2016; Ord. 311 § 1, 2011; Ord. 255 §§ 1, 2, 3, 2007; Ord. 226 § 1, 2003; Ord. 214 § 1, 2002; Ord. 193 § 1, 1999; Ord. 170 § 1, 1997; Ord. 161 § 1, 1996; Ord. 126 § 1, 1994)

15.20.020 Definitions.

"Abandoned in-place" means a resident voluntarily abandons his or her coach and the park owner gains title and sells the coach to a new resident.

"Amortizable expenses" means:

1. Expenses for physical improvements and replacements which consist of more than ordinary maintenance or repairs, have a useful life of at least more than one year but less than five years and can be depreciated pursuant to the U.S. or California income tax codes; and

2. Other expenses that are reasonably expected to cover a period of years, such as maintenance that does not need to be done every year, payments of property taxes or property insurance covering more than one year, a major refurbishment of a park facility such as a clubhouse, where a number of non-capital items (painting, new flooring, new window coverings and furniture) are installed all at one time that will last more than one year, or physical work performed for aesthetic reasons that does not qualify for a capital improvement rent adjustment under Section 15.20.085.

"Annual" means calendar year.

"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, have a useful life of at least five years and satisfy the requirements of Section 15.20.085(A).

"Complete" means submittal of all information and documentation to support any requested rent adjustment and/or appeal, in accordance with the administrative rules adopted by resolution of the city council.

"Consumer Price Index (CPI)" means:

1. For the purpose of calculating the annual adjustments for each of the years 1987 through 2018, the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles-Riverside-Orange Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

2. For the purpose of calculating the 2019 annual adjustment the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles-Long Beach-Anaheim Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

3. For the purpose of calculating annual adjustments beginning in 2020 the "Consumer Price Index" or "CPI" means the CPI index for the Riverside-San Bernardino-Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.

4. For the purpose of calculating special rent adjustments the "Consumer Price Index" or "CPI" for the years subsequent to 2017 means the CPI index for the Riverside-San Bernardino-Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.

"Day" means a calendar day, unless otherwise defined in this chapter. If a deadline falls on a day on which City Hall is not open, the deadline shall be extended to the next business day.

"Emergency capital improvements" mean capital improvements: (1) that are necessary in order to prevent an imminent threat to public health and safety of the park, its residents, or neighbors; (2) that must be carried out immediately; and (3) satisfy the requirements of Section 15.20.085(B) and the administrative rules adopted by resolution of the city council.

"Housing services" mean services connected with use or occupancy of a rental space in a mobilehome 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 residency.

"In-place transfer" of a mobilehome means a sale, transfer or other conveyance of ownership of a mobilehome with the mobilehome remaining on the mobilehome space following the sale, transfer or other conveyance, including the following: (1) replacement of a mobilehome by the same resident for any reason (such as age, fire, flood, substantial destruction, or replacement with a new mobilehome); or (2) transfers ownership of the mobilehome by inheritance or other transfers to relatives, heirs, personal representatives of the estate and successors of interest; or (3) any other voluntary or involuntary transfers of ownership of the mobilehome by the resident to a creditor; or (4) any other voluntary or involuntary transfer of a mobilehome by the resident to the park owner as the result of an eviction or other termination of tenancy. Notwithstanding the foregoing, an in-place transfer of a mobilehome does not include an "abandoned-in-place" mobilehome as defined above.

"Mobilehome" means a vehicle, designed or used for human habitation, including a camping trailer, travel trailer, motor home and slide-in camper, when used as the principal place of habitation for the occupants thereof, as well as mobilehomes as defined by Civil Code Section 798.3.

"Mobilehome park" means any area of land within the city where two or more spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation, but shall not include parks which rent spaces exclusively to recreational vehicles as that term is defined in Civil Code Section 799.30.

"Owner" means a person or entity that receives or is entitled to receive rent for the use or occupancy of a mobilehome space or an agent or representative authorized to act on behalf of such person or entity.

"Rent" means the consideration paid for use or occupancy of a mobilehome space and the provision of related housing services.

"Rent administrator" means the person designated by the city manager to administer the provisions of this chapter.

"Residency" means the right or entitlement of a mobilehome owner of a mobilehome, or subtenant of a mobilehome owner, to use, occupy and place a mobilehome on a rental space in a mobilehome park and to related housing services.

"Resident" means an owner of a mobilehome who has a residency. "Resident" shall also mean any tenant or subtenant of a mobilehome owner who has a residency.

Resident, Prospective. "Prospective resident" means a prospective purchaser of a mobilehome in a mobilehome park who has applied for a park residency. "Prospective resident" shall also mean a prospective subtenant of a prospective purchaser of a mobilehome park who has applied for a park residency.

"Vacancy" means any of the following:

1. Any mobilehome space which is empty because the mobilehome was voluntarily removed by the mobilehome owner who will no longer be a resident of the park. A vacancy under this subsection 1 shall not include a long-term vacant space as defined in subsection 8 of this section; or

2. Any mobilehome space which is empty because the mobilehome was destroyed by fire, flood, earthquake or other natural catastrophe, and the mobilehome owner will no longer be a resident of the park. A vacancy under this subsection 2 shall not include a long-term vacant space as defined in subsection 8 of this section; or

3. Any mobilehome space that is empty because the mobilehome is abandoned in-place, and the park owner gains title and sells the coach to a new resident. A vacancy under this subsection 3 shall not include the abandonment of a mobilehome resulting from an eviction or other involuntary termination of tenancy of the resident, or a long-term vacant space as defined in subsection 8 of this section; or

4. Any "in-place transfer" of a mobilehome (as defined in this section) which remains in a the park; or

5. Any change in occupancy of a mobilehome on the same mobilehome space (but excluding an "abandoned in-place" mobilehome, or an "in-place transfer" of a mobilehome); or

6. Any replacement of a mobilehome on a space with another mobilehome owned or occupied by the same resident(s); or

7. Any change in occupancy or ownership of an existing mobilehome on a space as a result of an eviction or other involuntary termination of tenancy; or

8. Any long-term vacant space. As used in this section, "long-term vacant space" means a mobilehome space, pad or lot that has been empty (without a coach), for any reason, for more than five consecutive years.

(Ord. 422 § 1, 2023; Ord. 413 § 4, 2022; Ord. 391 §§ 6-8, 2020; Ord. 375 § 4, 2019; Ord. 311 § 2, 2011; Ord. 255 §§ 5, 6, 2007; Ord. 193 § 2, 1999; Ord. 161 § 2, 1996; Ord. 126 § 2, 1994)

15.20.030 Exemptions.

A. This chapter shall not apply to:

1. Newly constructed mobilehome spaces first held out for rent on or after January 1, 1990;

2. Any mobilehome park which has signed and is in compliance with a mobilehome accord and agreement approved by resolution of the city council. This exemption shall apply during the term of the agreement including any extensions or renewals thereof, provided that upon its expiration, the mobilehome park shall again be subject to this chapter and the base rents in the mobilehome park shall be the rents last charged pursuant to the agreement.

B. The rent regulation provisions of this chapter shall not apply to any space while that space is subject to a lease which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such exemption under Civil Code Section 798.17, that space shall become subject to the rent regulations of this chapter.

(Ord. 422 § 1, 2023; Ord. 413 § 5, 2022; Ord. 193 § 2, 1999; Ord. 161 § 3, 1996; Ord. 126 § 3, 1994)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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