HomeMy WebLinkAboutOrdinances 1949 04/04/199421
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Introduced by
JANE HAMILTON
ORDINANCE NO. 1949
Seconded by
N.C.S.
CAROLE BARLAS
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADDING
CHAPTER 6.50 "MOBILEHOME PARK SPACE RENT STABILIZATION PROGRAM"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Chapter 6.50 "Mobilehome Park Space Rent Stabilization Program" of the
Petaluma Municipal Code shall be added and shall read as follows:
CHAPTER 6.50 - MOBILEHOME PARK SPACE RENT STABILIZATION PROGRAM
Sections:
6.50.010
Findings and Purpose
6.50.020
Definitions
6.50.030
Base Rent - Initial Calculation
6.50.040
Residential Rent Increase Limitations
6.50.050
Information to be Supplied Tenants and Tenants -to -be
6,50.060
The Rent Dispute Resolution Process
6.50.070
Rights of a "Tenant -to -be"
6.50.080
Subpena Power
6.50.090
Consolidation of Petitions
6.50.100
Standards of Review
6,50.110
Net Operating Income
6.50.120
Obligations of the Parties
6.50.130
Tenant's Right of Refusal
6.50.140
Retaliatory Acts; Tenants' Right to Organize
6.50.150
Solicitation of Any Petitions by the Park Owners are Without
Force or Legal Effect Within City's Program
6.50.160
Fees/Payment
6.50.170
Exemption From Fees
6.50.180
Nonwaiverability
6.50.190
Penalties and Remedies
6.50.200
Rights of Affected Tenants Reserved
6.50.210
Termination
6.50.220
Review by the City Council
6.50.230
Severability
6.50.240
Vacancy Control - Establishment of New Base Rent
6.50.250
Reserved
6.50.260
Registration of Parks
Ord. 1949 NCS
1 6.50.010 - Findings and Pose.
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A. For several years, mobilehome tenants have requested that the City of Petaluma
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enact a mobilehome park space rent stabilization ordinance. Various meetings
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have been held with mobilehome park owners and mobilehome park tenants to
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address concerns raised by both groups regarding rental increases, vacancy
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control, and other issues.
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B. In March 1993, the City Council was presented with a request for consideration of
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a fair mobilehome rent ordinance. In April 1993, the City Council appointed to
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the existing mobilehome rent review committee which consisted of
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Councilmembers, three mobilehome park owner representatives, and three
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mobilehome park tenants. After several meetings, it was reported to the City
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Council in July 1993 that it did not appear that an agreement could be reached and
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that further discussions would not be fruitful.
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C. Subsequent City Council meetings were held in which various issues were
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discussed and from which input was received from both mobilehome park owners
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and: mobilehome park tenants and their representatives.
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D. Because of the inability of the park owners and park tenants to reach a resolution
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of their differences,- ther City Counc ,::retained -,the: -services of Coryrierly
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Associates, -inc.;.an experienced corisultant, to conduct;a,mmbileliome park survey.
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Tho purpose of the..:survey was -to coileet relevant --information on rt obileliorne
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park resident characteristics, space rents, nd.the inobileilonre•parks in Petaluma.
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E. On November.-15, 1993, Connerly & Associates, Inc. submitted- to the City
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Council a written report detailing their findings, which included the following:
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(1) Nearly 60 percent (60%) of the survey respondents -were single adults,
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while virtually all the remaining. respondents comprised two -person
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households. There were only four respondents who reported having three
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household members.
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(2) Most of the respondents, nearly 80 percent (80%) reported being age 62 or
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more.
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(3) The majority of respondents at all the mobilehome parks reported being
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"low income", meaning they earned less than $23,850 per ,year fora single
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person, or $29,500 per year for a two -person household. For all the parks,
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nearly 90 percent (90%) of the sur,,ey respondents are low income.
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(4) Over 50 percent (50%) of tiie residents in all but one mobilehome park
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reported their income as being within the "very low income" range,
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$16,150 for a single person or $18,700 for a two -person household. About
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O 01949NCS
1 60 percent (60%) of the survey respondents in all the parks reported their
2 income as being at the "very low income" level or less.
3 (5) Just over half the respondents in all the mobilehome parks reported they
4 pay more than 30 perce;it (300,10) of their income for housing expenses
5 (space rents; mortgage, if any; utilities; property taxes or registration fees;
6 and homeowner's insurance). About 40 percent (40%) of the residents
7 reported paying more than 35 percent (35%) of their income for housing
8 expenses.
9 (6) The average rents in the parks, as reported by residents responding to the
10 surveys, range from a low of $198 per month to $375 per month. The
11 average monthly rental reported by respondents for all the parks was $284
12 per month. By comparison, the average space rent reported by
13 respondents for all the parks was $202 in 1986. The average space rent
14 reported by residents were within $5 to $10 per month of those reported by
15 the park owners.
16 (7) The average rental space rent increase was 5 percent (5%) per year
17 between 1986 and 1993.
18 (8) None of the park: owners responding to the survey reported vacant
19 mobilehome spaces.
20 J.;. The .ity Coun.cil.has discussed and reviewed the above findings and conclusions,
21 and has received information through public hearings and concludes, based on
22 said information and the findings herein, that it: is necessary and in the public
23 interest to establish a mechanism to assist in the resolution of disputes that may
24 arise from time to time between residents and park owners regarding the rates
25 charged for rental or lease of space as well as instances where there is a sale or
26 transfer of the mobilehomes by the mobilehome residents. In addition, the City
27 recognizes the right of the park owners to obtain a fair and reasonable rate of
28 return and for their property to generate income to cover costs of operation and
29 servicing of reasonable financing and to have under the auspices of the City an
30 administrative procedure which will operate effectively and expeditiously to
31 approve rent increases as are reasonable to meet said ends. At the same time there
32 is a need to establish a means which if followed can provide protection to tenants
33 from unreasonable rent increases resulting in loss of value to their property.
34 G. A significant majority of the residents of mobilehome parks in the City of
35 Petaluma are older individuals or couples living on fixed incomes. These
3 6,t1,0J,-1949NCS
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residents qualify as "lcv, ' and "very low" income households and typically
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expend more than 30 percent (30%) of their income on housing related expenses.
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H. Nearly all mobilehome park residents own and occupy their mobilehome and have
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made a substantial monetary investment to live in a mobilehome park.
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I. Residents of a mobilehome park have very limited mobility due to the difficulty
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and expense of relocating a-mobilehome.
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1 There is a limited amount of alternative housing affordable to and suitable for the
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typical mobilehome park resident and mobilehome parks are a valuable resource
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of affordable housing for low and very low income individuals and families.
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K. The City of Petaluma is committed to assisting in the preservation of decent, safe
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and sanitary housing affordable to all economic segments of the community,
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especially mobilehome lots affordable to low and very low income individuals
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and families.
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L. The City Council finds there is a shortage of spaces for the location of
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mobilehomes in the City, a condition which results in low vacancy rates and tends
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to prevent normal competition between the owners and tenants of mobilehome
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parks. Rents have been for several years and are presently rising at rates in some
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instances greater than increases in the CPI, which has caused concern to a
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substantial number of mobilehome owners. The City Council finds that a
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substantial number of mobilehome: owners in the City have for a !on- time
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asserted a need for rent control and that efforts of the City Council in the past to
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mediate, differences between park owners and their tenants have been notably
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unsuccessful.
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M. Due to their limited incomes, the large investment in their mobilehomes, the
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immobility of mobilehomes, and the shortage of spaces for mobilehomes,
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mobilehome owners generally have very limited economic bargaining power
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concerning rents charged for mobilehome lots.
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N. The City Council intends that this Chapter be interpreted and enforced fairly and
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equitably, in a nondiscriminatory manner, and in accordance with constitutional
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requirements. For these reasons it is intended that the respective provisions of the
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ordinance be liberally construed and be considered severable, and that if any
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portion of it is declared unconstitutional or unenforceable, the remaining portions
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shall remain valid and in effect.
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0. The purpose of this ordinance is to:
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(1) Prevent the imposition of exploitive, excessive and unreasonable
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mobilehome space rent increases;
4 .1949NCS
1 (2) Assist in alleviating the unequal bargaining power which exists between
2 mobilehome park residents and mobilehome park owners;
3 (3) Provide mobilehome park. owners with a guaranteed rate of annual space
4 rent increase which accurately reflects the rate of inflation;
5 (4) Provide an efficient and speedy process to ensure mobilehome park
6 owners receive a fair, just and reasonable rate of return in cases where the
7 guaranteed annual space rent increases provided by this ordinance prove
8 insufficient;
9 (5) In the absence of a lawful vacancy, prevent excessive or exploitive rent
10 increases upon the transfer of a mobilehome-on-site (i.e., on the
11 mobilehome pad) to a new mobilehome owner while at the same time
12 providing a process whereby mobilehome park owners are assured of
13 receiving a fair and reasonable return.
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15 6.50.020 - Definitions.
16 For purposes of this chapter, the following tern is shall.be defined -as- follows:
17 A. "Aff€cted Tenants" means those tenants whose space is not covered by a valid
1s lease meeting: the requirements as outlined:;iri,,Section.798>1'/(b)•of�ti:e°California.
19 Civil Code onotherwise legally exempt from -loci rent control re, ulati.on. Such
��. tenants are to be notified that -a space rent increase is to become,.effectdve. For
21 purposes of providing notice of the increase; providing copies- of the rent
22 stabilization. ordinance, and support of a rent- arbitration'. petition, each space-
23 - subject to a rental increase shall be deemed to have only one "affected tenant" for
24 administrative convenience to the park owners. The reference to "all affected
25 tenants" will refer to one representative tenant from each space subject to the
26 proposed rental increase.
27 B. "Arbitrator" shall mean a person (1) who is neither a tenant as that term is defined
28 in this. ordinance nor who has an interest in a mobilehome park of a nature that
29 would required disqualification under the provisions of the Political Reform Act if
30 the person were an elected state official and (2) a person whom the Clerk of the
31 Petaluma Mobilehome Space Rent Stabilization Program (see (E). below)
32 determines meets one of the following criteria:
33 (i) completion of a Juris Doctor or equivalent degree from a school of law
34 and completion of a formal course of training in arbitration which, in the
35 sole judgment of the Clerk, or designee, of the Petaluma Mobilehome
36 Space Rent Stabilization Program, provides that person with the
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knowledge and skills to conduct a space rent dispute arbitration in a
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professional and successful manner; or
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GO completion of at least three arbitration proceedings for a Superior Court or
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other public entity that involved issues the Clerk, or designee, of the
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Petaluma Mobilehome Space Rent Stabilization Program finds similar to
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those raised in space rent dispute arbitrations.
(iii) served as a California Superior or Municipal Court pro tempore judge.
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C. "Base Rent" means the authorized, rent, calculated pursuant to the provisions of
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Section 6.50.030, plus any rent increase allowed under this Chapter or any rent
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adjustment attributable to vacancy decontrol as provided in Section 6.50.240.
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D. Reserved.
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E. "Clerk" shall mean the Clerk of the Petaluma Mobilehome Space Rent
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Stabilization Program, who shall be the City Manager or his or her designee.
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F. "Capital improvements" are those improvements that materially add to the value
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of the property and appreciably prolong its useful life or adapt it to ne;v uses, and.
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which may be amortized over the useful remaining life- ofthe improvement to the
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property.
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G. "Consumer Price Index" means the Consumer- - Price Index for a11: Urban
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Consumers San Francisco -Oakland Area, published by the U.S. Department of
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Labor, Bureau of Labor Statistics.
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H. "Housing service" means a service provided by the owner related to the use or
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occupancy of a mobilehome space, which is neitlier•:a capital; improvement: nor
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substantial rehabilitation as those terms are defined herein, including but not
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limited to, repairs, replacement maintenance, painting, lighting, heat,. water,
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laundry facilities, refuse removal, recreational facilities, parking, security service,
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and employee services.
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I. "Mobilehome" means a structure designed for human habitation and for being
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moved on a street or highway under permit pursuant to Section 35790 of the
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California Vehicle Code. "Mobilehome" includes a manufactured home, as
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defined in Section 18007 of the California Health and Safety Code, and a
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mobilehome, as defined in Section 18008 of the California Health and Safety
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Code, but does not include a recreational vehicle, as defined in Section 799.24 of
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the California Civil Code and Section 18010 of the California Health and Safety
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Code, or a commercial coach, as defined in Section 18001.8 of the California
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Health and Safety Code except when such a vehicle has continuously remained
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within a mobilehome park for a period in excess of nine (9) months.
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J. "Mobilehome Park" means any area of land within the incorporated areas of the
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City of Petaluma where two (2) or more mobilehome spaces are rented, or held
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out for rent, to accommodate mobilehomes used for human habitation.
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K. "Mobilehome park owner" means any owner, lessor, or sublessor of a
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mobilehome park in the incorporated areas of the City of Petaluma who receives
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or is entitled to receive rent for the use or occupancy of any mobilehome space
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thereof, and the representative, agent, or successor of such owner, lessor, or
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sublessor, and who reports to the internal Revenue Service any income received
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or loss of income resulting from such ownership or claims any expenses, credits,
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or deductions because of such ownership.
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L. "Mobilehome space" means any site within a mobilehome park located in the
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incorporated areas of the City of Petaluma intended, designed, or used for the
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location or accommodation of a mobilehome and any accessory structures or
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appurtenances attached thereto or used in conjunction therewith except (1) sites
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rented together and concurrently with a mobilehome provided by the mobilehome
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park owner and. (2) "new construction" as defined by California Civil Code
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Section 798.45. The teen "mobilehome space" shall also include, for purposes of
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this rent stabilization. ordinance and accompanying fee ordinance, rentable spaces
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within mobilehome parks which have been occupied by a "recreational vehicle" as
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defined by California Civil Code Section 799.24 for a period of nine (9) months
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or more.
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M. "Mobileroine tenant" means a tenant, subtenant, lessee, or sublessee, or any other
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person entitled to the use or occupancy of any mobilehome space not otherwise a
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party to a rental agreement exempt from regulation under this- ordinance pursuant
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to Civil Code Section 798.17.
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N. "Net operating income" means net operating income as defined in Section
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6.50.110(A) of this ordinance.
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O. "Owner" means a mobilehome park owner.
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P. "Party" as used in this ordinance refers to any affected mobilehome tenant and/or
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owner involved in proceedings under this ordinance.
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Q. "Percent change in Consumer Price Index" means the annual percent change in
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the Consumer Price Index (hereinafter "CPI"), calculated to the nearest tenth. For
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the first percent change in Consumer Price Index, it shall be calculated using the
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CPI published for the month of March, issued in the month of April. In the event
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an index is not published for the month of March, the closest preceding month for
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which an index is published shall be used. Subsequent yearly percent changes in
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CPI shall be calculated to the nearest tenth, published for the month of July,
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issued in the month of August. In the event that an index is not published for the
3
month of July, the closest preceding month for which an index is published shall
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be used. It is the intent of this ordinance to fix the CPI in the beginning of the
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fiscal year, for the rest of the fiscal year barring an unforeseen failure to publish a
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CPI for the month of Jul,.
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R. "Rent" means mobilehome space rent.
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S. "Rent increase" means any additional space rent demanded of or paid by a tenant
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for a mobilehome space including any reduction in housing services without a
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corresponding reduction in the amount demanded or paid for rent. Said increase
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shall be (1) uniform in percentage rate relative to current base rent; or (2) uniform
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in dollar amount relative to base rent.
13
T. "Rent Stabilization Administration Fee" means the fee established from time to
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time by resolution or ordinance of the Petaluma City Council in accordance with
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the provisions of Section 6.50.160 herein.
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U. "Space rent" means the total consideration, .including- any bonus, benefit, or
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gratuity, demanded or received by a mobilehome park owner for or in connection
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;with the:. us,_ - =or. ioccut-?arcy of a nnobiiehome 'space or any housing services
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. . provided with the- mobilehome space. Space -rent shall not include ;anv amount
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plaid forthe use.or occupancy of a mobilehon;e dwelling unit, unless the amount
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paid for the -use or -occupancy of a mobilehome is or includes consideration paid to
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a mobilehomepark;.owner under a rental agreement or other document evidencing
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tenancy of the mobilehome.
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V. "Substantial rehabilitation" means that work done by an owner to a mobilehome
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space or to the common areas of the mobilehome park, exclusive of a capital
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improvement as that term is defined herein, the value of which exceeds Two
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Hundred Dollars ($200.00) and which is performed whether to secure compliance
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with any state or local law or to repair damage resulting from fire, earthquake, or
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other casualty or natural disaster, to the extent such work is not reimbursed by
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insurance.
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W. "Tenant" means mobilehome space tenant.
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X. "Tenant -to -be" means a person who is not currently a tenant in a mobilehome
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park but is a prospective mobilehome space tenant who desires the use of a
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mobilehome space as defined in this Chapter and has presented himself{herself to
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the park owner as such.
8 o ma1949NCS
I Y. "Initial rent increase" means the first rent increase imposed by a mobilehome park
2 owner after the effective date of this ordinance.
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4 6.50.030 - Base Rent - Tnitial Calculation.
5 A. Except as hereinafter provided, an owner shall not demand, accept, or retain rent
6 for a mobilehome space exceeding the rent in effect for said space on the effective
7 date of this ordinance. If a previously rented mobilehome space was not rented on
8 the effective date of this ordinance, the owner shall not, except as hereinafter
9 provided, demand, accept or retain rent for said space exceeding the rent in effect
10 during the last month the space was rented prior to the effective date of this
11 ordinance.
12 B. Any mobilehome park owner who disputes that the initial base rent established by
13 subsection (A) is sufficient to cover operation and maintenance costs,
14 rehabilitation costs, and capital improvement costs, and still -provide the owner a
15 fair, and reasonable return, may seek adjustment to. said initial base rent by
16 submitting a written request to the Clerk requesting an opportunity to adjust said
17 initial base rent and shall supply both the Clerk and each Affected Tenant with the
18 notice of .request -along with the grounds for any such request. The matter shall be
19 submitted to arbitration as prescribed M Section 6.5U60(E) and (F).
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21 6.50.040 - Residential Rent Increase Limitations.
22 A. Except as provided. in ,subsections B. or C., or otherwise -expressly authorized in
23 this Chapter, the space rent payable for use or occupancy of any mobilehome
24 space shall not be increased within twelve (12) months of the. effective date of the
25 preceding rent increase. Except as provided in subsection E or otherwise
26 expressly, authorized in this Chapter, no Initial Rent Increase shall be imposed
27 sooner than twelve (12) months after the last preceding rent increase regardless of
28 whether the preceding rent increase was effective prior to the effective date of this
29 ordinance. Said increase shall be the lesser of.
30 (i) One hundred percent (100%) of the percent change in the CPI; or
31 (ii) Six percent (6%).
32 B. If a park owner wishes to apportion to each space on a pro rata basis the allowable
33 percentage of any current rent stabilization administration fee, in addition to any
34 increase of space rent in accordance with preceding Section (A), the following
35 provision shall apply:
9 OR u1949NCS
1 (1) The owner shall provide to all affected tenants documentation supporting
2 the allowable amount to be collected in order to recover a portion of rent
3 stabilization administration fees. At a minimum such documentation shall
4 include: billing notices or other equivalent documents from the City
5 imposing the rent stabilization administration fee; a copy of Section
6 6.50.160 of the ordinance which authorizes the apportionment of rent
7 stabilization administration fees; the calculations used by the owner to
8 apportion the cost of the allowable percentage among the affected tenants.
9 In addition, the owner shall provide all affected tenants with the address
10 and telephone number of the Clerk and the fact that the affected tenant is
11 encouraged to contact the Clerk for an explanation of the provisions of this
12 ordinance.
13 (2) A rent increase approved pursuant to the provisions of this subsection and
14 in accordance with the procedure set forth in Section 6.50.060 of this
15 ordinance shall not be considered part of the rent base upon. which fixture
16 rent increases can be made.
17 C. In the event an owner wishes to increase the rent payable for any mobilehome
18 space within the twelve (12) month period Poore than the aniount permitted in
19 subsection (A) for any reason other -than that stated in subsection (B) herein, the
20 procedures set forth.in_Sections 6.50.050 and 6.50.060-slia!]-be followed. In the
21 event an. owner wishes to increase the rent payable for any mobilehome space
22 within the --twelve (12) month period more tlian .three: hundred percent (300% Q) of
23 the percent change in the CPI, arbitration shall automatically be required to show
24 good cause why such an increase is necessary. The arbitrator may reduce this
25 proposed increase to a figure determined upon the evidence submitted by the park
26 owner or his/her representative to be a fair return upon investment.
27 D. A notice of rent increase given by an owner pursuant to Section 6.50.040(A), (B)
28 or (C) of this ordinance shall be given in writing at least ninety (90) days before
29 any rent increase is to take effect.
30 E. The Initial Rent Increase as defined by Section 6.50.020(Y) may be allowed
31 within twelve (12) months of the effective date of the preceding rent increase
32 where the mobilehome park owner can clearly establish that extraordinary
33 circumstances exist which require an increase to assure the mobilehome park
34 owner is receiving a fair and reasonable return. In the event an owner wishes to
35 increase rent payable for any mobilehome space under this subsection (E), the
36 procedures set forth in Sections 6.50.050 and 6.50.060 shall be followed.
10 G.19 4 9 N CS
1 6.50.050 - Information to be Supplied Tenants and Tenants -to -be.
2 A. Within thirty (30) days after the operative date of this ordinance and upon re-
3 renting of each mobilehome space thereafter, the owner shall supply each affected
4 tenant or tenant -to -be with a current copy of this ordinance.
5 B. Whenever the owner serves a notice of rent increase, except a notice of rent
6 increase provided pursuant. to Section 6.50.040(A) of this ordinance, the owner
7 shall at the same time and in the same manner serve the affected tenant or tenant-
8 to -be with a notice that sets forth all of the following information:
9 (1) The amount of the rent increase both in dollars and as a percentage of
10 existing rent and documentation supporting the level of increase desired,
11 including at a minimum: a summary of the unavoidable increases in
12 maintenance and operating expenses; a statement of the cost, nature,
13 amortization, and allocation among mobilehome spaces of any substantial
14 rehabilitation or capital improvement; a summary of the increased cost of
15 the owner's debt service and the date and nature of the sale or refinancing
16 transaction; a summary of the owner's net operating income of the
17 preceding 24 months and other relevant information that supports the level
18 of rent, increase:desircd.
19 (2) The identity of all other -all fected tenants- and the spaces which they rent
. E 20 and.a roster -of.tcria_its in the park occupying recreational vehicles in place
21 for more than nine (9) months; and
22 (3) The address- and telephone- number of the Clerk and (a) the fact that the
23- tenant is encouraged to contact the Clerk for an explanation of the
24 provisions of this ordinance; (b) documentation supporting the level of
25 increase is on filed with the Clerk;
26 (4) A copy of the official petition form as prepared and provided by the Clerk
27 which initiates the process established by this ordinance.
28 (5) In addition, park owner shall place on file with the Clerk two copies of:
29 documentation supporting the level of increase desired, including at a
30 minimum: a summary of the unavoidable increases in maintenance and
31 operating expenses; a statement of the cost, nature, amortization, and
32 allocation among mobilehome spaces of any substantial rehabilitation or
33 capital improvement; a summary of the increased cost of the owner's debt
34 service and the date and nature of the sale or refinancing transaction; a
35 summary of the owner's net operating income of the preceding twenty-four
36 (24) months and other relevant information that supports the level of rent
11
ODA949NCS
1 increase desired. These documents will be available for inspection at the
2 offices of the Clerk.
3 (6) If applicable, notification that the proposed rent increase exceeds '500
4 percent (300%) of the r_iiange in the CPI, and that arbitration is deemed
5 automatically required by the provisions of Section 6.50.040(B) without
6 any need to file an arbitration petition. Such notices shall bear the
7 following language: "ARBITRATION OF THE PROPOSED INCREASE
8 IS AUTOMATICALLY" RF,QUIRED IN THIS MATTER BY
9 OPERATION OF LAW". Erroneous use of this notice shall be regarded
10 as an irrevocable stipulation to the jurisdiction of the arbitrator.
11 C. The park owner shall also serve any tenant -to -be as defined in Section
12 6.50.020(X) with a separate "RENTAL OPTION" notice which sets forth the
13 recitation in capital letters set forth in Section 6.50.070, Rights of "tenant -to -be".
14 D. Any owner failing to provide an affected tenant or tenant -to -be and the Clerk with
15 the information, documents, and notices required by this section shall not be
16 entitled to collect any rent increase otherwise authorized by this ordinance from
17 that tenant nor to any rent increase that might otherwise be awarded by an
18 arbitrator. Such failure, by the owner shall be a defense in any action broua t by
19 the owner to recover possession of a mobilehome space or to collect any rent
20 increase from the tenant. Aviv owner rnav cure the fail re to service any notice or
21 meet the obligation to provide information to a tenant or tenant -to -be which is
22 required under this: ordinance by giving such notice or information before
23 initiating an action for possession of the space or collecting any rent increase or
24 binding a tenant to be to a month -to -month rental/long-term lease election
25 otherwise authorized hereunder.
26 E. An affected tenant who is given notice of a rent increase is entitled to file a
27 Petition for Space Rent Review as provided in Section 6.50.060 of this ordinance
28 in spite of the fact that the owner has failed to provide the affected tenant(s) with
29 all the information, documents and notices required by this ordinance.
30
31 6.50.060 - The Rent Dispute Resolut.n z. P0cess,
32 A. Tenant's Riaht to Contact Clerk. The tenant may contact the Clerk of the City of
33 Petaluma Mobilehome Space Rent Stabilization Program for an explanation of the
34 provisions of this ordinance.
35 B. Petition. If the tenants dispute any rent increases, the tenants or their
36 representative shall file with the Clerk a Petition for Space Rent Review and a
1" oRD.1 9 4 9 N C S
I copy of the notice of rent increase, if available, within twenty-one (21) days after
2 the date upon which the rent increase notice is received. The Clerk shall not
3 accept a petition for filing unless it has been signed by at least fifty-one (51%)
4 percent of all affected tenants. Upon the filing of a petition, the rent increase is
5 not effective and may not be collected until and to the extent it is awarded by an
6 arbitrator or until the petition is abandoned except for that portion of the rent
7 increase that equals the increase allowable in Section 6.50.040(A) shall be
8 collectable as noticed. As used herein, the term "abandoned" refers to lack of
9 prosecution of the arbitration by the mobilehome tenants' representative(s). An
10 automatic arbitration based upon a 30011% CPI increase will not require active
11 tenant prosecution, although such prosecution will not be prohibited. The term
12 "prosecution" refers to actively pursuing necessary steps toward preparing the
13 tenants' case for the arbitration hearing.
14 C. Contents of Petition.
15 (1) The Petition for Space Rent Review shall set forth the total number of
16 affected rented spaces in the mobilehome park, shall identify the space
17 occupied by each tenant and shall state the date upon which the notice of
18 the rent increase was received by the tenant(s).
19 (2) After obtaining -the required signatures, the. tenant(s) shall deliver the
20 petition or mail it by registered or certified mail to the Clerk at the
21 following address: Petaluma City Hall,11 English Street, Petaluma,
22 California 949520r successor address or agency). No petition shall be
23 accepted unless it is accompanied by the requisite number of signatures
24 and is received in the office of the Clerk within the twenty-one (21) day
25 period set forth in paragraph B. above. The Clerk shall provide a copy of
26 the completed petition form to both parties and the arbitrator forthwith or
27 within five (5) working days.
28 D. Information Questionnaire. After the Clerk has accepted a Petition for Space Rent
29 Review, the Clerk shall remit to the owner and tenants an information
30 questionnaire in such form as the Clerk may prescribe. The completed
31 information questionnaire must be returned to the Clerk at least five (5) working
32 days prior to the date s1-i'.duled for E dr1°rig of the petition by the arbitrator.
33 Copies of the completed information questionnaire shall be provided to the
34 arbitrator and the opposing party.
35 E. Assignment of Arbitrator and Hearing Date. Upon receipt of the petition, or in the
36 event of an automatic arbitration, or upon an affected tenant's claim of a vacancy
13
ORD. 1 949N CS
I
control violation where an unauthorized rent increase has been sought, or upon an
2
owner's request to adjust the initial Base Rent pursuant to Section 6.50.030(B),
3
the Clerk shall, within five (5) working days, assign an arbitrator. The Clerk shall
4
set a date for the arbitration hearing no sooner than five (5) nor later than ten (10)
5
working days after the arbitrator is assigned. The owner and affected tenant(s)
6
shall be notified immediately in writing by the Clerk of the date, time, and place
7
of the hearing and this notice shall be served either in person or by ordinary mail.
8
F. Arbitration Hearing.
9
(1) The owner and tenant(s) may appear at the hearing and offer oral and
10
documentary evidence. Both the owner and tenant(s) may designate a
11
representative or representatives to appear for them at the hearing. The
12
arbitrator may grant or order one (1) continuance not to exceed five (5)
13
days to each party from the date of the hearing. A further continuance
14
may be granted if stipulated to by all the parties. The burden of proving
15
that the amount of rent increase is reasonable shall be on the owner by a
16
preponderance of the evidence. The hearing need not be conducted
17
according to technical rules relating to evidence and witnesses. The rules
18
of evidence and manner of producing evidence shait be those rules set
19
forth in Section 11513 of ti?e California. Goverrnrent-Code for.the Conduct
20
of hearing under the Administrative Procedure Act. These rules may be
21
relaxed at the discretion of the arbitrator in the interest of justice.
22 .
(2) The arbitrator shall, within fourteen (14) days: of the hearing, submit by
23
mail a written statement of decision and the reasons for the decision to the
24
Clerk who shall forthwith distribute by mail copies of the decision to the
25
owner and tenant(s). The arbitrator shall determine the amount of rent
26
increase, if any, which is reasonable based upon all the provisions of this
27
ordinance.
28
(3) The arbitrator shall not allow more than one (1) rent increase per park per
29
twelve (12) month period unless owner can clearly establish that the rental
30
increase is necessary to cover costs of operation, maintenance, capital
31
improvements or substantial rehabilitation not reasonably foreseeable at
32
the time notice of the preceding rent increase was given.
33
(4) The decision of the arbitrator, rendered in accordance with this section,
34
shall be final and binding upori the owner and all affected tenants. The
35
decision of the arbitrator will be subject to the provision of California
36
Code of Civil Procedure Section 1094.5.
14
D.1949NCS
1 (5) Any party may have electronic recording equipment or a court reporter
2 present to record and prepare a transcript of the hearing before the
3 arbitrator, however, such equipment or reporter shall be provided at that
4 party's own expense however no electronic equipment or court reporter is
5 required to conduct the arbitration.
6 (6) The arbitrator is authorized to modify the basic time periods set forth
7 herein at his or her discretion to promote the purposes of this program
8 provided a final decision is rendered within ninety (90) days of the notice
9 of rent increase.
10 (7) Any procedural or jurisdictional dispute regarding the processes set forth
11 herein may be decided by the arbitrator.
12
13 6.50.070 - Rights of "Tenant -to -be".
14 Any person who is a "tenant -to -be" as defined in Section 6.50.020(X) must be offered the
15 option of renting a mobilehome space in a manner which will permit the "tenant -to -be" to receive
16 the benefits of the. Mobilehome- Space Rent Stabilization Program which -includes, but is not
17 _limited to, rental of a mobilehome space on a rnonth-to-month-basis, and anew base rent as set
18 forth in Section .6.50.240(13). Such a person cannot be denied the option of a tenaricy twelve
19 months or less in. duration. The park owner shall provide eacli-. "tenant-to=be" with- a written
20 notification of the option which shall make the following recitation: "UNDER PET.ALUMA
21 MUNICIPAL CODE SECTION 6.50.070, YOU ARE LEGALLY ENTITLED TO ELECT A
22 MONTH -TO -MONTH TENANCY OVER ANY OTHER LONGER PERIODIC TENANCY.
23 YOU ARE ADVISED THAT YOU MAY NOT BE ENTITLED TO RENT STABILIZATION
24 (RENT CONTROL) PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE THAN
25 TWELVE MONTHS IN DURATION IF THAT LEASE MEETS THE REQUIREMENTS OF
26 CIVIL CODE SECTION 798.17 WHICH HAS BEEN ATTACHED HERETO". Any effort to
27 circumvent the requirements of this section shall be unlawful, as well as an unfair business
28 practice subject to enforcement under Business and Professions Code Section 17200 et seq.
29
30 6.50.080 - Subnena Power
31 Subpenas, including subpenas duces..tecum, requiring a person to attend a particular time
32 and place to testify as a witness, may be issued in connection with any dispute pending before an
33 arbitrator, and shall be issued at the request of the Clerk, an arbitrator, the tenant(s) or the owner.
34 Subpenas shall be issued and attested by the City Clerk. A subpena daces tecuin shall be issued
35 only upon the filing with the City Clerk of an affidavit showing good cause for the production of
36 the matters or things desired to be produced, setting forth in full detail the materiality thereof to
15
oaal949NCS
1 the issues involved in. the proceedings, and stating that the witness has the desired matters or
2 things in his or her possession or under his or her control, and a copy of such affidavit shall be
3 served with the subpena. Any subpena or subpena duces tecum issued pursuant to the provisions
4 of this ordinance may be served in person or by certified mail, return receipt requested, and must
5 be served at least five (5) days before the hearing for which the attendance is sought. Service by
6 certified mail shall be complete on the date of receipt. Any subpena or subpena duces tecum
7 issued pursuant to the provisions of this ordinance shall be deemed issued by and in the name of
8 the City Council of the City of Petaluma.
9
10 6.50.090 - Consolidation of Petitions.
11 As soon as possible after a petition has been filed with respect to mobilehome spaces
12 which are within a single park, the Clerk shall, to the extent possible, consistent with the time
13 limitations provided herein, consolidate petitions involving ten (10) or fewer affected tenants.
14
15 6.50.100 - Standards of Review.
16 In evaluating the space increase proposed or imposed by the owner, the following factors
17 or any other factors deemed relevant to the arbitrator may be considered:
18 A. Beneficial increases. in maintenance and operating. expenses, including but not
19 limited to the. reasonable value of the owner's labor and any increased costs for
'10 services provided by a public agene}r, public utility, or quasi -public agency or
21 utility, provided, luo,,vever, that any increased costs in rent stabilization
22 administration fees shall be subject to the provisions of Sections 6.50.040(B) and
23 6.50.160 herein.
24 B. The substantial rehabilitation or the addition of capital improvements, including
25 the reasonable value of the owner's labor, as long as such rehabilitation or
26 improvement has been completed and is:
27 (1) distinguished from ordinary repair or maintenance;
28 (2) for the primary benefit, use, and enjoyment of the tenants;
29 (3) permanently fixed in placed or relatively immobile and dedicated to the
30 use of the property;
31 (4) not coin -operated nor one for which a "use fee" or other charge is imposed
32 on tenants for its use;
33 (5) cost -factored and amortized over the good faith estimate of the remaining
34 useful life of the rehabilitation or improvement.
35 (6) does not constitute maintenance of the infrastructure of gas or electrical
36 lines within the mobilehome park for which the public utility has
16 O .D-1949NCS
I permitted the park owner a special premium with the intent that it be used
2 to replace or otherwise maintain the system within the mobilehome park.
3 C. Increased costs of debt service due to a sale or involuntary refinancing of the park
4 within twelve (12) months of the increase provided that:
5 (1) the sale or refinancing is found to have been an arm's length transaction;
6 (2) the proceeds of such refinancing is found to have been used for park
7 improvements or similar park -related uses;
8 (3) the aggregate amount from which total debt service costs arise constitutes
9 no more than seventy percent (70%) of the value of the property as
10 established by a lender's appraisal.
11 D. The rental history of the space or the park of which it is a part, including:
12 (1) the presence or absence of past increases;
13 (2) . the frequency of past rent increases;
14 (3) the occupancy rate of the park in comparison to comparable parks in the
15 same general area.
16 E. The physical condition of the mobilehome space or park of which it is a part,
17 including the quantity and quality of maintenance and. repairs performed during
18 the preceding twelve (12) ;months.
19 F. Any increase or reduction of housing services since the last rent increase.
20 G. Existing space rents for comparable spaces in comparable parks.
21 H. A decrease in "net operating income" as defined in Section 6.50.110(A).
22 1. A fair return on the property prorated among the spaces of the:•park.
23 J. Other financial information which the owner is willing to provide.
24 K. Any costs incurred as a result of a natural disaster and only to the extent such
25 costs have not been reimbursed to the owner by insurance or other sources.
26 L. Notwithstanding any other provision to the contrary, no provision of this section
27 or this Chapter shall be applied to prohibit the granting of a rent increase that is
28 demonstrated to be necessary to provide owner with a fair and reasonable return.
29
30 6.50.110 - Net Operating Income.
31 In evaluating a space rent increase imposed by an owner to maintain the owner's net
32 operating income from the park, the following definitions and provisions shall apply:
33 A. "Net operating income" of a mobilehome park means the gross income of the
34 park less the operating expenses of the park..
ORD. 1 949N CS
17
1
B. "Gross income" means the sum of the following:
2
(1) gross space rents, computed as gross space rental income at 100%
3
occupancy; plus
4
(2) other income generated as a result of the operation of the park, including,
5
but not limited to, fees for services actually rendered; plus
6
(3) revenue received by the park owner from the sale of gas and electricity to
7
park residents where such utilities are billed individually to the park
8
residents by the park owner. This revenue shall equal the total cost of the
9
utilities to the residents minus the amount paid by the park owner for such
10
utilities to the utility provider; minus
11
(4) uncollected space rents due to vacancy and bad debts to the extent that the
12•
same are beyond the park owner's control. Uncollected space rents in
13
excess of three percent (3%) of gross space rent shall be presumed to be
14
unreasonable unless established otherwise and shall not be included in
15
computing gross income. Where uncollected space rents must be
16
estimated, the average of the preceding three (3) years experience shall be
17
used.
18
C. "Operating expenses" means:
19
(1) Real property taxes and assessments.
20
(2) Utility costs to the extent that thev are,included in space rent.
21
(3) Management expenses including the compensation of administrative
22
personnel, including the value of any mobilehome.space: offered as part of
23
compensation for such services, reasonable and necessary advertising to
24
ensure occupancy only, legal and accounting services as permitted herein,
25
and other managerial expenses. Management expenses are presumed to be
26
not more than five percent (5%) of gross income, unless established
27
otherwise.
28
(4) Normal repair and maintenance expenses for the grounds and common
29
facilities including but not limited to landscaping, cleaning and repair of
30
equipment and facilities.
31
(5) Owner -performed labor in operating or maintaining the park. In addition
32
to the management expenses listed above, where the owner performs
33
managerial or maintenance services which are uncompensated, the owner
34
may include the reasonable value of such services. Owner -performed
35
labor shall be limited to five percent (5%) of gross income unless the
36
arbitrator finds that such a limitation would be substantially unfair in a
18 ORS'-1949NCS
I
given case. A park owner must devote substantially all of his or her time,
2
that is, at least forth (40) hours per week, to performing such managerial
3
or maintenance services in order to warrant the full five percent (5%)
4
credit of his or her labor as an operating expense. No credit for such
5
services shall be authorized unless a park owner documents the hours
6
utilized in performing such services and the nature of the services
7
provided.
8
(6)
Operating supplies such as janitorial supplies, gardening supplies,
9
stationery, and so forth.
10
(7)
Insurance premiums prorated over the life of the policy.
11
(8)
Other taxes, fees, and permits, except as provided in Section 6.50.160
12
herein.
13
(9)
Reserves for replacement of long-term improvements or facilities,
14
provided that accumulated reserves shall not exceed five percent (5%) of
15
gross income.
16
(10)
Necessary capital improvement costs exceeding existing reserves for
17
replacement. A park owner may include the cost of necessary capital
18
improvement expenditures which would exceed existing reserves for
19
replacement. A necessary capital improvement shall be an improvement
20
required to maintain the common facilities and areas of the park in a
21
decent, safe, and sanitary condition or to maintain the existing level of
22
park amenities and services.
23
24
Expenditures for necessary capital improvements to upgrade existing
25
facilities shall be an allowable operating expense only if the park owner
26
has:
27
(i) Established upon written verification or by other competent
28
evidence to the satisfaction of the arbitrator that the cost of the
29
capital improvements provided to the park tenants, for their general
30
use, are factually correct as claimed.
31
(ii) Said capital improvements are wholly compensable to the park
32
owner upon appropriate amortization of their cost, together with a
33
reasonable return upon the capital improvement investment made
34
by the park owner.
35
(iii) Any capital improvement expenses shall be amortized over the
36
reasonable life of the improvement or such other period as may be
37
deemed reasonable by the arbitrator under the circumstances. In
19 CE.I949NCS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
the event that the capital improvement expenditure is necessitated
as a result of an accident, disaster, or other event for which the
park owner received insurance benefits, only those capital
improvement costs. otherwise allowable exceeding the insurance
benefits may be calculated as operating expenses.
(11) Involuntary refinancing of mortgage or debt principal. A park owner may,
under the provisions of this subsection, be able to include certain debt
service costs as an operating expense. Such costs are limited to increases
in interest payments from those interest payments made during the period
from May 1, 1993 through April 30, 1994 or the first year such payments
were made if the owner acquired the park after July 1, 1992 which result
from one or the following situations or the equivalent thereof.
(i) refinancing of the outstanding principal owed for the acquisition of
a park where such refinancing is mandated by the terms of a
financing transaction entered into prior to April 30, 1994, for
instance, termination of a loan with a balloon payment; or
(H) increased interest costs incurred as a result of a variable interest
rate loan used to finance the acquisition of the park and entered
into'prior to April 30, 1994.
In refinancing, increased interest shall be permitted to be considered as an
operating expense only where the park owner can show that the terms of
the refinancing were reasonable and consistent with prudent business
practices under the circumstances.
D. Operating expenses shall not include the following:
(1) Debt service expenses, except as provided in subsection C(11) above.
(2) Depreciation.
(3) Any expense for which the park owner is reimbursed.
(4) Attorneys' fees and costs; except printing costs and documentation as
required by Section 6.50.050 only, incurred in proceedings before an
arbitrator or in connection with the legal proceedings challenging the
decision of an arbitrator or the validity or applicability of this ordinance.
E. All operating expenses must be reasonable. Whenever a particular expense
exceeds the normal industry or other comparable standard, the park owner shall
bear the burden of proving the reasonableness of the expense. To the extent that
an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust
the expense to reflect the normal industry or other comparable standard.
20 o De1949N CS
1 6.50.120 - Obliv-ations of the Parties.
2 A. If a final decision by an arbitrator finds that a proposed increase or any portion
3 thereof that was previously inoperative is justified, the tenant shall pay the amount
4 found justified to the owner within thirty (30) days after the decision is made.
5 B. If a final decision by an arbitrator finds that an increase or any portion thereof is
6 not justified, the owner shall refund any amount found to be unjustified, but that
7 had been paid, to the tenant within thirty (30) days after the decision is made. If
s such refund is not made within the said thirty (30) days, the tenant may withhold
9 the amount from the next space rent(s) due until the full amount of the refund has
10 been made. Notwithstanding the foregoing, in the event that the tenancy of tenant
11 is terminated for any reason prior to full credit against rent, the balance of the
12 credit due the tenant shall be paid by the owner within thirty (30) days from the
13 date of the terminations of the tenancy.
14 C. Any sum of money that under the provisions of this section is the obligation of the
15 owner or tenant, as the case may be, shall constitute a debt and, subject to the
16 foregoing provisions of this section, may be collected in any manner provided by
17 law for the collection of debts.
18
19 6.50.130 - Tenant's Right of Refusal.
20 A tenant may refuse to pay any increase in rent which is in violation of this ordirance,
21 provided a petition has been filed and either no final decision has been reached by an arbitrator or
22 the increase has been determined to violate the provisions of this ordinance. Such refusal to pay
23 shall be a defense in any action brought to recover possession -of a mobilehorne space or to,
24 collect the rent increase.
25
26 6.50.140 - Retaliatory Acts: Tenants' Right to Organize.
27 No owner may retaliate against a tenant or tenant -to -be for the tenant's or tenant-to-be's
28 assertion or exercise of rights under this ordinance in any manner, including but not limited to,
29 threatening to bring or bringing an action.to recover possession of a mobilehome space; engaging
30 in any form of harassment that causes a tenant to quit the premises; dissuades a tenant -to -be from
31 freely exercising his or her legal options to choose a month -to -month rental; decreasing housing
32 services; increasing the space rent; or imposing or increasing a security deposit or any other
33 charge payable by a tenant. The tenants have a right to organize a tenant's association without
34 hindrance from. the park owner to exercise the rights provided under the provisions of this
35 ordinance. This association may be referred to as "the Park Tenant's Association at (Park
36 Name)".
21 ORM.1949NCS
1 6.50.150 - Solicitation of Any Petitions by the Park Owners are Without Force or Legal Effect
2 Within City s Program.
3 The distribution of a petition or other. documents seeking to have mobilehome tenants
4 waive rights, abandon a filed petition or in any way affect the entitlement of the tenants to
5 participate in the rent stabilization process authorized under the Petaluma Municipal Code shall
6 be without force or legal effect within the City's rent stabilization program. Such documents
7 shall not affect the rights of any tenant to participate in the rights, remedies, procedures and
8 processes set forth in this code. Efforts to utilize such documents to discourage participation in
9 the City's rent stabilization program may be deemed retaliatory.
10
11 6.50.160 - Fees/Pavment.
12 The costs of administration of this ordinance shall be borne by the City of Petaluma;
13 subject to reimbursement of the General Fund by imposition of a rent stabilization administration
14 fee chargeable against each mobilehome space in the City. The park owner who pays these fees
15 may pass through fifty percent (50%) of the fees assessed against a mobilehome space to the
16 tenant only as set forth herein. This fee pass through must take place no later than twelve (12)
r .17 months after the park owner is billed for the program administration fees. Failure to timely pass
18 through fifty percent (501 ) of the. fees assessed against a mobilehome space will result in the
19 loss of the park owner's right to do so. The remaining fifty percent (50%) of the fees assessed
20 against a mobilehome space shall not be passed on in any way to tenants. Fees passed through to
• . 21 tenants as herein authorized shall not be considered a part of the rent base upon which future rent
22 increases can be made.
23 The fees imposed by this section shall be paid annually. On or before .tune 1, 1994 of the
24 adoption year of this ordinance and thereafter on or before April 30th of each and every
25 subsequent year, each mobilehome park owner shall pay to the City Clerk of the City of
26 Petaluma a mobilehome park rent stabilization program administration fee for each mobilehome
27 space as defined herein, including both occupied and unoccupied mobilehome spaces, in the
28 owner's mobilehome park except for those spaces subject to a rental agreement in full
29 compliance with the requirements of Civil Code Sections 798.17(a) and (b). The City Clerk of
30 the City of Petaluma shall forward these funds to the Clerk to administer the mobilehome park
31 rent stabilization ordinance. Further, the City Clerk of the City of Petaluma shall issue to each
32 mobilehome park owner a receipt for payment of the fees required to be paid herein. Any person
33 owing money to the City under the provisions of this ordinance shall be liable to an action
34 brought in the name of the City for the recovery of such amount. A service fee equal to 1'/
35 percent (1'/2%) per month will be charged on all late payments of registration fees under this
22 Y..1949N CS
I ordinance. The City Council shall adopt the amount of the fee and any changes thereto by
2 ordinance or resolution.
3
4 6.50.170 - Exemption From Fees.
5 Any park owner who believes that he/she may be entitled to a space fee exemption
6 pursuant to Civil Code Section 798.17(b), having provided the park tenant with a legally
7 recognized long-term lease which is not subject to rent stabilization administration fees, shall
8 provide the Clerk with the following documentation:
9 (1) the executed lease for each exempt space claimed;
10 (2) amendments to said exempt lease if any;
11 (3) for a newly constructed space, proof that the space was constructed after January
12 1, 1990 (building permits, etc.)
13
14 6.50.180 - Nonwaiverability.
15 Any provision, whether oral or written, in or pertaining to a rental agreement whereby
16 any provision of this ordinance is waived. or modified, is against public policy and void, except
17 with respect to any rental agreement complying with all of the terms and conditions .set forth in
18 Section 798.17 of the California Civil Code (as amended).
19
20 6.50.190 - Penalties and Remedies.
21 In addition to those penalties and remedies set forth- elsewhere in this ordinance, the
22 following remedies shall apply:
23
24 Any owner who demands, accepts, receives, or retains any money as rent from a tenant to
25 which the owner is not entitled under the provisions of this ordinance shall be liable to the tenant
26 for any actual damages, attorney's fees, and costs incurred by the tenant as a consequence thereof
27 plus a penalty in the sum of three times the amount of money the owner accepted, received, or
28 retained in violation of the provisions of this ordinance or $500.00, whichever is greater.
29
30 6.50.200 - Rights of Affected Tenants Reserved.
31 This ordinance shall not be construed to limit or curtail any other action or proceeding
32 which may be pursued by an affected tenant against an owner before any court or other body
33 having jurisdiction thereof.
34
35 6.50.210 - Termination.
36 This ordinance shall terminate on June 30, 1997 unless repealed earlier by the Petaluma
37 City Council.
23 o uy�.19 4 9 N C S
1 6.50.220 - Review by the City Council.
2 The City Council shall review the effectiveness of this ordinance in addressing the
3 problems giving rise to its enactment at least one (1) year from its enactment. Notice of the time
4 and place of the City Council's review shall be published at least ten (10) days prior to said date
5 in a newspaper of general circulation in the City of Petaluma.
6
7 6.50.230 - _Severability.
8 This ordinance shall be liberally construed to achieve its purpose and preserve its validity.
9 If any provision or clause of this ordinance or application thereof to any person or circumstances
10 is held invalid, such invalidity shall not affect other provisions or applications of this ordinance
11 which can be given effect without the invalid provision or application, and to this end the
12 provision of this ordinance are declared to be severable and are intended to have independent
13 validity.
14
15 6.50.240 - Vacancy Control - Establishment of New Base Rent.
16 A. A mobilehome park owner shall be permitted to charge a new base rent for a
17 mobilehome space whenever a lawful space vacancy occurs. For purposes of this
18 Chapter, a lawful space vacancy is defined as follows:
19 (1) A -vacancy occurring because of the termination of the tenancy of the
20 affected mobilehome tenant in accordance with the Mobilehome
21 Residency Law, Cali urnia Civil Code Sections 798.55 through 798.60, as
22 amended: or
23 (2) A vacancy of the mobilehon-ie space arising from the voluntary removal of
24 a mobilehome from the mobilehome space by the affected mobilehome
25 tenant. A removal of the mobilehome from the space for the purpose of
26 performing rehabilitation or capital improvements to the space or for the
27 purpose of upgrading the mobilehome shall not constitute a voluntary
28 removal of the mobilehome.
29 B. When a new base rent is established following the vacancy of a mobilehome
30 space pursuant to this subsection, the park owner shall give written notice to the
31 new affected mobilehome tenant of the twelve (12) month anniversary date for
32 rent increases allowed under Section 6.50.040 and shall give written notice to
33 such affected tenant that the space rent may be subject to stabilized rent increases
34 pursuant to the provisions of this Chapter..
35 C. In the absence of a la`vful vacancy, a park owner is prohibited from raising rent
36 upon a sale of a mobilehome on site to a tenant -to -be or current tenant.
24 Wiu.1949NCS
1 6.50.250 -Reserved.
2
3 6.50.260 - Registration of Parks.
4 A. On or before June 1, 1994, each mobilehome park owner must register the parks
5 which they own or operate with the City Clerk by filing with the City Clerk a
6 letter or other instrument in writing which identifies the park and which furnishes:
7 (1) The current mailing address of owners and operators;
8 (2) The number of spaces in the park;
9 (3) The number of spaces under construction, if any, or planned for
10 construction;
11 (4) The identity of present tenants and lessees, and their mailing addresses;
12 (5) The rental, lease payments and other considerations charged for the use of
13 the space; and
14 (6) A description of the park and the services, amenities and other
15 considerations to the tenants and lessees which the owner or operator may
16 consider as bearing on the question of fair rental amounts.
17 B. On or before April 30th of each year subsequent to the adoption year, each
18 mobilehome park owner in the City of Petaluma, as long as the City Council for
19 the City of Petaluma may so authorize and/or allow, shall register with the City
20 Clerk of the City of Petaluma by providing, in writing, the name and address of
21 each such mobilehome owner, and a statement of the number of mobilehome
22 spaces including both occupied and unoccupied spaces, contained in each such
23 park, and a statement of the number of recreational vehicle spaces in the park:
24 Re -registration and provision of this information must also be made upon change
25 of ownership of the mobilehome park or an increase or a decrease in the number
26 of spaces.
27
28 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
29 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
30 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
31 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
32 and all provisions thereof irrespective of the fact that any one or more of said provisions be
33 declared unconstitutional.
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35 Section 3. If an injunction or any other administrative or judicial challenge interferes
36 with the timely implementation of this ordinance before the lapse of the terns of the City's rent
HEEL 1949NCS
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i stabilization ordinance, the City Council hereby declares that it ordains that said rent stabilization
2 ordinance, together with the accompanying administrative fee ordinances shall not sunset but be
3 continued indefinitely until said challenge is overcome. This action is undertaken so that the
4 level of rent stabilization protection established shall continue to be provided to the affected
5 mobil ehome park tenants of Petaluma until further action of the City Council.
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7 Section 4. The City Clerk is hereby directed to (publish this ordinance for the period
8 and in the manner required by the City Charter.
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Section 5. This ordinance shall take effect thirty (30) days after its passage.
INTRODUCED and ordered posted/published this 2 1 day of M e ,
1994.
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ADOPTED this -4th :v day of April , 1994 by the following vote:
AYES: Sobel, Hamilton, Barlas, Shea, Vice Mayor Read
NOES: Mayor Hilligoss
ABSEI IT: 1 vacant seat
ATTEST
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3/23/94 (fink)
26 mao 1949NCS
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