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HomeMy WebLinkAboutOrdinances_2458_CCv0001.pdf ORDINANCE NO. 2458 AN ORDINANCE OF TIME CITY OF REDLANDS ND AMENDING CHAPTER 5.48 OF TIIE;REDLANDS MUNICIPAL CODE RELATING TO MOBILE_ HOME RENT CONTROL THE CITY C( CIL OF THE CIT'OF REDLANDS ICES ORDAIN AS FOLLOWS: Section 1. Section 5.48.010 of the Redlands Municipal Code is hereby amended to rad a follows. "5:45.010 Purpose and Intent. A n December 15, 1981, the City Council of the Cityof Redlands determined that a serious shortage of mobile home rental spaces within the City had created a virtual monopoly in the rental of mobile home park spaces. In response to this lack of available rental space, the City declared it necessary to protect the owner-occupants of mobile homes from unreasonable rent increases'while recognizing the need for mobile home park owners to receive ajust and reasonable return on their property. Accordingly, this Chapter was adopted to provide for mobile home park rent stabilization within the City: B. Mobile home owner-occupants,unlike apartment renters or residents ofother rental stock, area:in a unique position of having made a substantial investment to purchase a mobile home for which they must rent a space in a mobile home park. They also make investments in maintaining and improving their homes as well as inlandscapingthe rental space. Alternative sites for the relocation of mobile homes are difficult to find clue to the shortage of vacant spaces,restrictions on age, size or style of mobile homes permitted in many parks and the requirements related to the installation of mobile homes,including permits,landscaping and site preparation. Additionally,the cost of moving a mobile home is substantial and the risk ofdamage is significant, Thus, moving a mobile home is rarely a feasible option if the rent for a mobile home park space becomes excessive. The result of these conditions is the creation of a captive market of mobile home owner-occupants. The immobility of mobile homes and the shortage of rental spaces, in turn,creates an imbalance in; the bargaining ing relationship between mobile home park owners and mobile home owner-occupants. Because mobile homes are often owned by senior citizens, persons on fixed incomes and persons of lour and moderate income, excessive rent increases fall upon those individuals with particular harshness." Section 2. Section 5.48.020 is hereby amended by the deletion of the definition of"'mobile hone tenant' or 'tenant"' and the addition of the definition of "mobile home owner-occupant" which shall read as follows: I.,djnii3Or&Ord2 :5s. r 1 "5.48.020 Definitions. As used in this Chapter, the following words shall have the meanings ascribed to theta "Mobile home" means a structure designed for human habitation . .,. "Mobile home owner-occupant" means any person who owns a mobile home and occupies that mobile home as has or her principal residence within a mobile home park located within the City. "Mobile home park" means an area of land where . Vection 3. Vection 5.4 .O 0HH of the Redlands Municipal Code is hereby added to read as follows: "H. Any mobile home not occupied by a mobile home owner-occupant." Vection 4. Vection 5.48.040 of theRedlands Municipal Code is hereby amended to read as follows "5.48.040 Mobile Hone Rent Review Board- Establishment A. There is established a Mobile Home Rent review Board consisting of three regular members and an alternate member who shall be appointed by and serge at the pleasure of., the City Council:. B. The members of the Beard shall be persons who are not mobile home owner occupants in any mobile home park, nor associated with the mobile home industry for personal gain." Section 5; Sections . .48.05OG and 5.48.050H of the Redlands municipal Code are hereby amended to read as follows: "Ci. To assist the park owner and the mobile home owners-occupants of mobile home park in negotiating a lease agreement as provided for in this Chapter. [:\dj"ffio"aw,,Ord2458.vvp H. Except as otherwise provided for in this Chapter,;to review and approve any application for a rent adjustment, whether it be from a mobile home park owner or a mobile home owner- occupant." Section 6. 5.48.0 70 of the Redlands Municipal Code is hereby amended to read as fellows "5,48-070 Determination of base rent and formula rent adjustment, A. The base rant for purposes of this Chapter shall be the last space rent approved pursuant to Ordinance l 783 of the City, Base rent or space rent may a j usted no more than once each year,, and the effective date of the adjustment may not be sooner than twelve months after the effective' date of previously approved rent adjustment. Except as hereinafter provided, no park owner shall demand, accept or retain rent for a mobile home space exceeding the base rent in effect for such space. B. Each year, a mobile hone park owner,or a majority of mobile homeowners mid mobile home owner-occupants within a mobile home park and represented by signed petitions,may submit an_application on the City's form for an adjustment in space rent in an amount equal to the proportional increase or decrease in theC.P.I. The C.P.I. shall cover the period of time beginning on the first day of the month which is five months prior to the effectiv=e date of the last rent adjustment and ending on the last day of the month which is five full months prior to the month of the date noticed for the requested rent adjustment,provided,however,that such increase or decrease shall be limited to three-fourths of any percentage in excess of four percent through nine percent and hv= ntyr-five percent of any percentage in excess of Mine percent. Each such application must be accompanied by evidence that notice of the proposed adjustment has been served to each affected mobile home owner-occupant at least sixty days prior to the proposed effective date.This subsection shall not be construed to relieve the mobile home park owner of the dutyto provide notice of a rent increase or to perforin any ether duty imposed by state law. C. The Board shall designate a Member of City staff employed in the Finance Department or the Treasurer's Office to calculate and tentatively approve the formula rent adjustment in the amount requested,not to exceed the amount authorized herein,and,thereafter forward the application to the Board for final approval, provided Haat such adjustment shall not be granted retroactively. D;For the purpose of consolidating anniversary dates for rent increases permitted under this Chapter for leases expiring pursuant to Section 5.48.030(l~),the mobile home park owner may file a petition with the Board to increase rents in accordance with the following table: II'djm'..0rd%0r 24 8,wp Number of Months Since Last Allowable Rent Increase Rent Increase (Percent of Base Rent) 12 1 % of Adjusted C.PI, 13 10 %of Adjusted C.P.I. 14 11 % of Adjusted C.PI 1 ; 125%of Adjusted C.P.I. 16 1331%of Adjusted C.P.I. 17 142%of Adjusted C.P.I. 18 10% of Adjusted C.P.I. 19 158%of adjusted C.P.I. 20 166%of Adjusted C.P.I. 1 175% of Adjusted C.P1 22 183%ofAdjusted C.P.I. 73 191%of Adjusted C.P.I. The burden of proof to show that the rent increases set out above for the Purposes o ` consolidating anniversary Mates and the number of months since the last rent increase is accurate shall be upon the mobile home parr owner and shall be filed on the City's forms. Wh,erre there is an anniversary date for at least twenty-five percent of the spaces in an affected parr,the mobile home parr owner shall consolidateallleases expiring'after January 1, 1993 to that date within twenty-four months of the expiration of the base. For determining whether t-sventy-five percent of the spaces share an anniversary date, only those spaces subject to this Chapter shall be counted," Section 7. Section 5;48.080 of the Redlands Municipal Code is hereby am,ended to read as follows: "5.48,080 Application for discretionary rent increase. #,A, An owner who seeks a rent increase not authorized in subsection B of Section 5.48.070 shrill submit an application for a discretionary rent increase on the City"s f orm,together with such supporting documentation as the Board may rewire,within fifteen days after serving notice:of the proposed discretionary rent increase to all affected mobile hone owner-occupants. The notice for each mobile hoine mNmer-occupant shall indicate the new rent proposed for his or her space, shall advise the mobile home oyer-occupant that ars application for a discretionary rent increase has been Ptdj or kora24 s.) filed with the City, and shall state that a copy of the application and all supporting documentation is on file at the owner's office in the affected park and may be photocopied at the mobile home o,,vner-occupant's expense. The application for a discretionary rent increase will not be effective unless accompanied by proof satisfactory to the Board that the mobile home park owner has,-within the preceding fifteen days,served each affected mobile home owner-occupant, either personally or by mail., with the notice required herein. If approved,the discretionary rent increase shall take effect no sooner than one year after the date of the last rent increase within the mobile home park. B. Upon the filing of an application for a discretionary rent increase which satisfies the requirements of this Chapter, the Board shall conduct a public meeting within thirty days. At that meeting,if the Board is persuaded upon the testimony of any affected mobile home owner-occupant that the mobile home w%vrrer-occupant has been refused the opportunity to review and photocopy background documentation which the mobile home park owner intends to submit in support of the application,the Board shall adjourn the meeting for a reasonable period of time,not to exceed thirty days, and instruct the mobile home park owner to permit full review and reproduction of the documentation as required by this Chapter. At any such meeting, if the Board is persuaded upon written proof or oral testimony that the majority of the affected mobile home owner-occupants in the park agree to the proposed discretionary increase,the Board shall authorize the increase as proposed and such determination shall be final. C.In the event the Board determines that an application for a discretionary rent increase shall be submitted to arbitration pursuant to the provisions of this Chapter, the applicant for the discretionary rent increase shall, within ten days of the Board's determination, pay to the City the sum of three thousand dollars as a deposit towards the City's actual costs in retaining an arbitrator and holding the arbitration proceedings. The deposit shall be replenished, from time to time, as deemed necessary by City staff to ensure that the City's actual on-going costs are paid. In the event payment of the deposit is not made,or the applicant for the discretionary rent increase fails to make a required replenishment of the deposit, the City may, in its sole discretion, cease the arbitration proceedings and have no further obligation or any liability to the applicant for the discretionary rent increase." Section S. Section 5. .110 of the Redlands Municipal Code is hereby as to read as follows: "5.48.110 Application for discretionary rent decrease, A.'fhemajonity, of affected mobile home owner-occupants in a park may,by signed petition, submit an application to the City to request a discretionary decrease in space rents to compensate for an alleged reduction in services, provided that the reduction of services has occurred within one hundred twenty days prior to the date of submittal of the discretionary rent decrease application; or to compensate mobile home owner-occupants for utility charges which are billed to them separately after having previously been included in space rents. L\djm�Ord\Ord2458.%vpd 5 B. The application for a discretionary reit decrease shall be accompanied by documentation which precisely describes the alleged redaction in services and the date that such reduction occurred, along with the monetary valine of the reduction: C. The application shall be accompanied by written;evidence satisfactorily to the City that; the mobile home park owner was served with a copy of the application in its completed form at least thirty days prior to the date of submittal of the discretionary rent decrease application to the City. R When an application for a discretionary,rent decrease is received by the City, the Board shall calla meeting for the purpose of mediating the issue of the alleged reduction of services or separate billing of charges. The mediation meeting shall be held no sooner than ten days nor later than thirty days of the date the completed;application is submitted to the City, and the mobile home park owner and the mobile home owner-occupants filing the application shall be notified of the time and place of the meeting. Nothing in this Chapter shall prevent the meeting from being heli in an appropriate location on the premises of the affected park. E. At the mediation meeting,the Board will hear testimony relating to the ratters which are at issue. If the mobilo home park owner agrees to restore an alleged reduction of services, the mediation meeting shall be continued for an appropriate time period as approved by the Board, At the date of the continued mediation meeting the Board will again consider the issues and determine whether there has been a resumption of services. The Board, after considering all evidence shall either approve, reject or modify the proposed discretionary rent decrease request and shall, in compliance with State law,base its decision upon the demonstrated value of any verified reduction of services. Any rent reduction or accumulation ofrent reductions approved in accordance with this section shall also serge to reduce space rents as subsequently adjusted by formula rent adjustments, until removed by a discretionary rent increase or as hereafter set forth. F. An application fora discretionary rent decrease shall be accompanied by a seven hundred dollar deposit as a processing fee to pay the City's actual costs of conducting the mediation meeting. The deposit shall be replenished,from time to time,as deemed necessary by City staff to ensure that the City"s costs are covered. Upon conclusion of the hearing, the total cost incurred by the City shall be paid by the mobile home park owner if the.Board approves the requested rent decrease. However,if the Beard denies the request for a discretionary rent decrease,the costs incurred by the City shall be paid by the mobile home park.owner-occupants. G. An owner and any mobile home owner-occupants man affected park may voluntarily agree to adjust rents downward for any reason including because of a decrease ofservices,However, the Board shall be notified within thirty days of the agreement to provide a mord of such change." ection 9. Vection 5.48.120 of the Redlands Municipal Code is hereby amended to read as follows:` r: rz;cr ',os.� 6 "5,48.120 Vacancies. A mobile home park owner shall not increase the rental rate(the amount of rent being paid by the setter of the mobile home at the time of the sale) of a mobile home space to a subsequent mobile home owner-occupant for that space;provided,however, that nothing in this Chapter shall prohibit a mobile home park owner from increasing the monthly space rent, fora mobile home park space when the mobile home has been removed from the park, where the mobile home has been abandoned by its owner, or when a legal eviction of a mobile home owner-occupant is effected by the property owner." Section 10. Section 5.48.130 of the Redlands Municipal Code is hereby amended to read as follows: "5.48.130 Retaliatory eviction. A. No park owner or representative of an owner shall intimidate, threaten, harm, retaliate,annoy,harass or otherwise interfere in any manner with any mobile home owner-occupant's exercise of any of the rights conferred by this Chapter or the Constitutions of the United States and the State of California, or that mobile home oNvner-occupant's right to participate in any action or proceeding brought by any interested party pursuant to this Chapter, including public participation and the signing of petitions. The City recognizes that many residents in mobile home parks are elderly and are easily intimidated,by threats, The City further recognizes the mobile home owner- occupants' right to participate, with others, in any matter for the mutual benefit of park residents. B. In any action brought to recover possession of a mobile home space, the court may consider as grounds for denial any violation of this Chapter. her, the determination that the action was brought in retaliation for the exercise of any rights conferred by this Chapter shall be grounds for denial." Section 11. Section 5.48.160 of the Redlands Municipal Code is hereby deleted in its entirety. IMj n-Wrd\Ord21458.wpd 7 action 12. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter this ordinance shall take effect in accordance with law. Mayor of the City of Redlands Attest: Cid Jerk 1,Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was adopted fry the City Council on the_Zt_h day of Novembgr_, 2000 by the following vote: AYES: Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath NOES: None A13SENT: None ABSTAIN. None Lo -- -02�yr 5 `�Z 91fer" I-Wj&Ord\Ord?45 ,8v pd 8