HomeMy WebLinkAboutOrdinances_1783_CCv0001.pdf gg
;4
ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLAND
ADDING ARTICLE 374 TO THE REDLANDS ORDINANCE CODE TO
STABILIZE MOBILEHOMIE PARK RENTS
SECTION ONE: Article 374 is hereby added to Chapter
37 ("Housing") of the City of Redlands ordinance Code to
read as follows:
HEALTH HOUSING ARTICIE 374
CHAPTER 37
HOUSING
ARTICLE 374
Iebileh€nme Park Rent Stabilization
37400. PURPOSE AND INTENT There is in the
City of Redlands and its environs a serious shortage of
available mobilehome rental spacer Because of this shortage,
there is a low vacancy rate and rents have been rising
rapidly`, thereby causing concern among a- substantial number
of Redlands residents . Because of the high cost of moving
mobileho es, the potential for damage resulting therefrom,
the requirements relating to the installation of mobile-
homes, including permits, landscaping and site preparation,
the lack of alternative homesites for mobilehome residents,
and the substantial investment of mobilehome owners in
such homes, a virtual monopoly exists in the rental of
mobilehome park spaces. This creates a situation where
park owners have bread discretion and even the ability to
exploit park tenants. For these reasons, among others ,
the City Council finds and declares it necessary to pro-
tect the owners and occupiers of mobilehome from unrea-
sonable rent increases, while at the sane time recognizes
the meed of mobilehome park -owners to receive a just anal.:
reasonable return on their property and rental income
sufficient to cover increases in the cast of repairs,
maintenance,, insurance, employee services , additional:
amenities, and operation.
37401. DEFINITIONS.
(a) "Mobilehome Park Rent Review Board. " The
651leh.6me park Rent Review Board estab-
lished
stab-lis .ed by this. Article (sometimes etimes herein
called "Board) A
(b) "Capital Improvements . " Those improvements
that materiallry add to the value of the;
property and appreciably prolong its use-
ful life or` adapt it to new uses, and which
may be amortized; over useful life in
accordance with federal tax lana.
(c) "Housing Services . " Services provided by
t e owner necessary for the use, occupancy
or enjoyment of a mobilehome space,
Ordinance No. 1783
'age one
a Am s
HEALTH HOUSING 37401 (c)
including insurance, repairs, replacement,
maintenance, painting, lighting, heat,
water, laundry and recreation facilities,
refuse removal, parking, security services,
employee services, property taxes., other
governmental assessment and other costs
reasonable attributable to the operation
of the parks "Housing services" shall not
include legal fees or mortgage payments.
(d.) "Mobilehome_ " A structure designed for
human habitation as defined in California
Civil Code Section 798. 3 Structures
defined in California Civil Code Section
799`.24 are not mobilehom.es .
e) "Mobilehome Park. " n area of land where
two or more mobilehome spaces are rented
or held out for rent to accomodate mobile-
homes used as human habitation
(f) "Mobilehome Park.. Caner" or "Owner. " The
owner, lessor, operator or manager or a
mobilehome hark in the City of Redlands
(g) "Mobilehome Tenant" or "Tenant, " Any person
entitled to occupy a mobilehome which is
located within a mobilehome park in the
City of Redlands-
(h) ",Space Rent."" The consideration, including
any security deposits, bonuses, benefits or
gratuities, demanded or recei °ed in connec-
tion with the use and occupancy of a
mobilehome space in a mobilehome park, but
exclusive of any amount paid for the 'ase
of a mobilehome dwelling unit .
i "Trailer. " structure eight (8) feet b
forty (45) feet or less designed to be
drawn by a motor vehicle and to be used
for human habitation or icor carrying per-
sons and property, including a trailer
coach or house trailer:
37402. EXEMPTIONS. The provisions of this
Article shall not apple to the following< tenancies in
mobilehome parks located in the City of Redlands.
Ordinance o4 1783
Page two -
HEALTH HOUSING § 37402 (a)
Mobilehome park spaces rented for non-
residential uses=
(b) Mobilehome parks constructed after 6c ob r 1,
1981. For the purposes of this subsection,
"constructed" shall mean the initial
erection of structures..
(c) Tenancies which do not exceed an occupancy
of twenty days and which do not contemplate
n occupancy of more than twenty days.
(d) Tenancies for which any federal or state
lair or regulation specifically prohibits
rent regulations.
(e) Trailer parks which are occupied by less
than fifteen mobilehomes.
(f) Tenancies covered by leases or contracts
which provide for more than a month-to-
month tenancy, but only for the duration
of such lease or contract.. Upon the
expiration or other termination of any
such lease or contract, this Article shall
immediately be applicable to the tenancy.
(g) Mobilehome parks which sell lots for
factory-built or manufactured housing, or
which provide condominium ownership o
such lots, even if one or more homes in
the development are rented or leased out.
37403. M BILE OME RENT REVIEW BOARD.
..
(a) There is hereby established a Mobilehome
Rent Review Board con,isting` of three
members who, along with their alternates,
shall be appointed by and serve at the
pleasure of the City Council.
(b) The City Council shall appoint three
regular members, and; for each regular
member, an alternate member to serve in
the absence of the regular member.
Ordinance No. 1783
Rade three
1111,01
4t£ i i kX)�
gya
HEALTH HOUSING § .37403 (
(c) The three members of the Board and their
alternates shall be persons who are not
tenants in any m+ bilehcme parr,, nor
connected with the real estate, rental
housing or mobilehome industry for per--
sonal chain.
(d) Board members and theiralternates shall
not be compensated for their services as
such, but may receive reimbursement a
provided by the City Council for expenses
incurred while on official duty.
37404 . POWERS AND DUTIES OF THE B TARE.
Within the limitations provided by law, the Board shall
have the following powers and duties}
(a) To meet from time to time as required b
the City Tanager of the City of Redlands
or upon the filing of a rent schedule, and
to utilize the City offices and facilities
as needed.
(b) To receive, investigate, hoed hearings on
and pass upon the issues relating to
cbileho e park rent stabilization as set:
forth in this Article.
(c) To make or conduct such independent
hearings or investigations as may be
appropriate to obtain such information
as is necessary to carry out its duties
(d) To adjust maximum rents either upward or
downward upon completion of its hearings<
and investigations.
compre-
hensive written report to the City Council
concerning its activities, holdings,
actions, results of hearings and all anther
ratters pertinent to this Article which
may be of interest to the Council
(f) To adopt, promulgate, mend and rescind
administrative rules to effectuate the
purposes and policies of this Article
Ordinance No. 1:783
Page four
d,
HEALTH HOUSING § 37405
§ 37405. LEGALITY OF INCREASES. On and after
October 30, 1981, no increase in space rents in Redlands
mobilehome parks shall be effective unless approved by the
Board as set forth in this Article. A
§ 37406. DETERMINATION OF BASE RENT AND
ALLOWABLE INCREASES.
(a) The base rent for purposes of this Article
shall be the monthly space rent charged as
of October 1, 1981 . For purposes of deter-
mining allowable increases in space rent,
the base rent or space rent shall be
divided into two components as follows:
(1) Housing Services - That portion of the
rent attributable to the cost of
housing services, less other park-
related income.
(2) Remainder - The remainder of the base
rent or space rent.
(b) Mobilehome park space rents may be increased
no more than once per year according to
the following formula:
(1) Housing Services - The amount of space
rent may be increased as necessary to
cover documented increases in housing
service costs. increases in income
from other park-related sources shall
be deducted in determining the amount
of increase in costs.
(2) Remainder - The amount of space rent
may also be increased by adding a
sum equal to no more than seven per-
cent (7%) of the remainder of the
base rent, for the first year, or a
sum equal to no more than seven percent
(7%) of the remainder of the then
existing space rent, for subsequent
years.
(c) Calculation of the one-year limitation on
rental increases as provided herein shall
be from the date the last increase became
effective at the particular park.
Ordinance No. 1783
Page five -
4
HEALTH HOUSING 374017
87407. INI"T"IATION OF BOARD REVIEW.
( ) In order to implement a rent increase as
permitted under Section 57406, the owner
of a park must file with the Board a pro-
posed Rent Schedule on the form provided
by the Beard. The Rent Schedule shall
show the: proposed neva maximum rents for
each space, calculated according to the
formula set forth in this Article.
The ;owner shall serve each affected tenant,
either personally or by mail, with notice
of the proposed increase in accordance with
State lana, and with notice that a request
for approval of same is being filed with
the Board. The owner shall file proof of
such service with the Board concurrent with.
the filing of the rent increase request.
Copies of the Rent. Schedule, request for
increase, and supporting documentation
shall be available free of charge to any
tenant upon request at the owner's office
in the affected park.
(b) At its next meeting, but no later than
thirty days from filing, the Board shall
review the Schedule for completeness,
accuracy and full compliance with; this
.Article. If the Board determinesthat
the Schedule is in order, it <shall approve-
it and the new rents shall become effective
as noticed by the owners.
If the hoard determines that the proposed
Rent Schedule is not complete, accurate or
in full compliance with. this Article, it:
shall deny the increase without prejudice
based on the deficiency. It shall inform
the owner of the deficiency and take or
direct other appropriate action. If the
Beard approves an increase lower than that
originally noticed by the owner, the same
shall be effective as of the date noticed
by the owner.
Ordinance No. 1783
Rade six
HEALTH HOUSING 3 7 7 (c)
(c) If the owner requests an increase above
that allowed by the formula ul.a set forth in
Section 37406, he or she shall submit with,
the Bent Schedule a request for such
increaser together with supporting docu-
mentation. The notice and proof of 'service
requirements set forth in subsection (a)
shall applyto such request. The owner
shall also deposit 00 as a processing
fee to defray actual costs of conducting
the hearing which shall be held on the
proposed increase Should this deposit
not cover all city costs for such hearing,
the owner ,shall reimburse the City for such
additional costs upon billing therefor by
the City.
d) The Beard shall set a hearing on any request
complying with the requirements of Section
37407 (c) and (d) no sooner than ten (l )
days and no later than thirty (30) days;
after receipt of the request and prof o `
service. The Board shall notify the owner
and tenants; in writing of the time and
place set for the hearing. No hearing o
any part thereof may be continued beyond
thirty ( fl) days after the initial hearing
elate without the owner's consent. If the
Board approves an increase, such increase
shall take effect as noticed by the owner
or as the Board may otherwise direct.
37408. CONDUCT OF THE; HEARING.
(a) All review hearings conducted by the Board
shall be open to the public.
fb All parties to a hearing may have assistance
from an attorney or such other persons a
they may designate to present evidence o
to set forth by argument their position.
(c) In the event that either the owner or the
tenant (:s) should fail to appear at the
hearing at the specified time and place,
the Board may hear and, review such evidence
as may be presented and make such decisions
as if bath parties had been present.
Ordinance No. 1783
Page serer
to i n,
.r
HEALTH HOUSING § 37409'
§ 37409. STANDARDS OF REVIEW. In evaluating
the rent increase proposed by the park owner, the Beard..
shall consider, along with all other relevantfactors_,
changes in costs to the owner attributable to increases or
decreases in master land or facilities .lease rent, utility
rates, property taxes, insurance, advertising, variable
mortgage interest rates, governmental assessments and
fees, incidental services , employee costs, normal repair
and maintenance and other considerations including capital
improvements, upgrading and addition of amenities or
services, net operating income and the level of rent
necessary to permit a just and reasonable return on the
owner' s property.
§' 37410. DECISION OF THE BOARD.
(a) The Board shall rake a final decision no
later than ten (IES) days after the conclu-
sion of its hearing. The Board' s; decision
shall be based on the preponderance of the
evidence submitted at the hearing.. All
parties to the hearing shall. be advised of
the Board' s decision and given a copy of
the findings upon which the decision is
based.
(b) Pursuant to its findings the Beard may
(l) 'permnit the requested increase in
whole or in part, ( deny the increase
or 3) if circumstances justify, order a
reduction in rent to a rate or rates
determined by the Beard.
(c) If the Board, finds that an increase that
rent: into effect, or any portion thereof,
is not justified, the owner shall refund
the amount found to be unjustified to the
tenant within thirty days after the decision
of the Beard is announced.
d)' If the Board finds that a proposed
increase or any portion thereof is justi-
fied, the tenant shall pay the amount found
justified to the- owner within, thirty 30
days after the decision of the Board is
announced.
Ordinance No. 1733
Page eight -
L"i5:M�J+
HEALTH HOUSING § 37414 (e)
(e) The conclusions and findings of the
Board shall be final; there shall_ be riga
appeal to the City Council.
37411. TENANT'S RICHT OF REFUSAL. A tenant
may refuse to pay any increase in rent which is in violation
of this Article, provided that the Board has either not
reached its decision or has found the increase violates
the provisions of this Article. Such refusal to pay shall,
be_ ,a defense in any action brought to recover possession
of a mobilehome space or to collect the rent increase..
37412. RETALIATORY EVICTION. Notwithstanding
Section 37411, in any action brought to recover possession
of a mobile home space the court may consider as grounds
for denial any violation of this Article. Further, the
determination that the action was brought in retaliation
for the exercise of any rights conferred by this Article
shall be grounds for denial.
37413. TERMINATION. This Article shall
termina=te no Later than three (3) years from its effective
date
37414. REVIEW Y CITY COUNCIL- The Cite
Council shall, at least every six ( ) months, review the
effectiveness of this Article in addressing the problems
giving rise to its enactment.
37415. If any provision or clause of this
Article or the application thereof to any person or cir-
cumstance
r-cu stance is held to be unconstitutional or to be otherwise
invalidatedbya final judgement of any court of competent
jurisdiction, such invalidity shall not affect other pro-
visions or clauses or applications thereof which can be
implemented, without the invalid provision or clause or
application, and, to this encs, the provisions and clauses
of this Article are declared to be e:abe
Ordinance No. 1783
Rage nine -
AXE"i
SECTION TWO: Effective date. This ordinance shall
be in force and tale effect as provided by law.
SECTION THREE: The City Clerk shall:.. certify to the
adoption of this ordinance and cause it, or a summary o
it, to be published in the Redlands Daily Facts, a news-
paper of general circulation printed and published in this _.
city.
4
IayOr'"c �t _C�t *` of ed rds
A'TT'EST;
a
City
c
1, Peggy A. Moseley, City Clerk, City of Redlands, hereby
certify that the foregoing ordinance was duly adopted by
the City Council, at a regular meeting thereat held, on the
15th day of December, 1981, by the following roll call vote:
AYE Councilmembers Gorman, Martinez; Mayor DeMirjyn;
NOES: Councils embers Riordan, Rath
ABSTAIN: None
ABSENT Nome
City . 5r"
Ordinance No. 1783
Race ten --