A park owner shall not be permitted to charge a new space rent for a mobilehome space upon vacancy except as expressly provided in this section. It is the intent of the city that no rent increase shall be allowed as a result of a vacancy resulting in a change in occupancy of a mobilehome on a space, the replacement of a mobilehome with another mobilehome on the same space and occupied by the same resident, or any in-place transfer of a mobilehome (as defined in Section 15.20.020 of this code), and that such mobilehome spaces shall continue to be subject to the rent control provisions of this chapter unless such space is subject to a long-term lease exempt from rent control pursuant to California Civil Code Section 798.17, or a vacancy adjustment is authorized pursuant to subsections B, C, D or E of this section. No vacancy adjustment shall be imposed pursuant to subdivisions B, C, D or E of this section without the park owner's submittal of a complete application and the prior approval of the RA in accordance with this subdivision and the rules and regulations.
A. Upon "vacancy," as defined in Section 15.20.020, subsection (4), (5), (6), or (7), the park owner shall be prohibited from raising the space rent for that space. No park owner shall impose any space rent in excess of the current rent in effect immediately preceding the vacancy of the space.
B. Upon "vacancy," as defined in Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the last rent in effect on the space prior to such vacancy based on the combined average of rent controlled spaces in the park plus ten (10) percent, provided that space rents prior to the vacancy can be verified by information required on and/or documentation submitted with the annual registration application or annual rent increase application, whichever was approved later. This calculation shall be known as the vacancy adjustment. Any such approved vacancy adjustment shall constitute the new base rent for that space. The new space rent determined in accordance with this subsection B shall become the base rent upon which future rent increases pursuant to this chapter shall be calculated. At the time of rental of that space following a vacancy (as defined in "vacancy" subsection (1), (2), (3), or (8) of Section 15.20.020), no park owner shall impose any space rent in excess of the last rent in effect immediately preceding the vacancy of the space, as modified by any vacancy adjustment approved by the city in accordance with this subsection for that vacant space. Procedures implementing the vacancy adjustment authorized under this subsection B shall be set forth in the rules and regulations adopted by resolution of the city council.
C. Park Owned Mobilehome Sold to an Existing or New Resident.
1. In the event that a park owned coach is sold to an existing resident (through a rent-to-own agreement or straight purchase) and the coach remains in the park, the base rent shall be either the last regulated space rent charged for the space, if the space was previously subject to this chapter, increased by the annual CPI increases properly charged by the park and any other applicable city-approved rent increase for the spaces in the park; or if the space was never subject to this chapter, the average of the rents charged for comparable spaces in the park subject to rent control.
2. In the event a park-owned coach is sold to a new resident and the coach remains in the park, the base rent shall be the combined average of rents in the rent-controlled spaces in the park plus ten (10) percent.
D. Spaces Previously Exempt. In the event a space was previously exempt under a lease pursuant to California Civil Code Section 798.17, the base space rent, for purposes of calculating the annual adjustment, shall be the rent in effect as of the date of expiration of the lease, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application.
E. Upon occupancy of a vacant space, the park owner shall be prohibited from increasing the space rent, except in compliance with the provisions of Sections 15.20.080 through 15.20.100, concerning annual adjustments, capital improvement rent adjustments, net operating income adjustments and adjustments based on discontinuance of services or amenities.
F. No park owner shall require that a prospective resident sign a lease exempt from this chapter or code as a condition of tenancy.
G. Procedures for application and approval of rent adjustments upon space vacancy shall be in accordance with administrative rules set forth by resolution of the city council.
(Ord. 422 § 1, 2023; Ord. 413 § 6, 2022; Ord. 391 § 9, 2020; Ord. 255 § 7, 2007; Ord. 193 § 5, 1999; Ord. 170 § 2, 1997; Ord. 161 § 4A, 1996; Ord. 126 § 4A, 1994)