5. The period of time during which the Park Owner proposes to amortize the Rent Increase and the rationale therefor;
7. Evidence that the project will be made at a direct cost of not less than $100.00 per affected Mobilehome Space or at a total direct cost of not less than $5,000, whichever is lower, or such other amounts as adjusted by resolution of the City Council;
8. Calculation of costs amortized over a period of not less than 36 months, or a different time period if the monthly payment amount will not impose an unreasonable financial burden on the Mobilehome Owners of the Park;
9. Evidence that the costs do not include any additional costs incurred for property damage or deterioration that result or have resulted from any unreasonable delay in undertaking or completing any repair or improvement;
10. Evidence that the costs do not include costs incurred to bring the Park, improvement or other property into compliance with a provision of the Arcata Municipal Code or state law where the original installation of the improvement was not in compliance with code requirements;
11. A representation by the Park Owner stating that at the end of the amortization period, the allowable monthly Rent will be decreased by any amount it was increased because of a Rent Increase approval granted under this Section; and
12. Evidence that the amortization period is in conformance with any schedule adopted by the City Council, unless it is determined that an alternate period is justified based on the evidence presented during the consideration of the Park Owner’s application.
E. Upon receipt of the application, the City Clerk shall provide notice (“Capital Improvement Notice”) of the application to all affected Mobilehome Owners. The notice shall state the proposed Capital Improvement or Capital Replacement, the amortization schedule including interest for the project, and the resulting temporary Rent Increase proposed. The City Clerk shall email the application and all of its attachments to the Homeowner Representative. The Park Owner shall post a complete, physical copy of the petition and its attachments at a location that is obvious and accessible to all Mobilehome Owners.
F. In the event that 50 percent plus one of the Affected Mobilehome Spaces whose Rent would be increased if the application were approved protest the application in writing to the City Clerk within 30 days after the date the City Clerk mails or emails the Capital Improvement Notice to the affected Mobilehome Owners, the City Manager shall determine whether the application is complete, including determining whether all applicable fees have been paid. Upon determining that the application is complete, the City Manager may retain expert assistance as necessary to review the application, and may require the Park Owner to pay the cost of expert assistance.
G. In the event that 50 percent plus one of the Affected Mobilehome Spaces whose Rent would be increased if the application were approved do not protest the application in writing to the City Clerk within 30 days after the date the City Clerk mails or emails the Capital Improvement Notice to the affected Mobilehome Owners, the City Manager shall approve the application as submitted, and send a notice to the applicant and the Affected Mobilehome Owners stating that the application has been granted and identifying the amount of the temporary Rent Increase allowed to be charged the Affected Mobilehome Owners. Said decision by the City Manager shall be final and shall not be appealable.
Attachment A
H. A Park Owner shall be entitled to seek a temporary Rent Increase in order to make a Capital Improvement or Capital Replacement only if the Park Owner has:
1. Consulted with the Park Mobilehome Owners prior to initiating construction of the project regarding the nature and purpose of the project and estimated cost; and
2. Obtained the prior written consent of an adult household member from at least 50 percent plus one of the Spaces whose Rent would be affected by the requested Capital Improvement or Capital Replacement temporary Rent Increase. Evidence of such consent must be presented at the time of filing the application with the City.
Provided, that the above two criteria have been satisfied, the City Manager shall approve the application as submitted, and send notice to the applicant and affected Mobilehome Owners stating that the application has been granted and identifying the amount of the approved Rent Increase. Said decision by the City Manager shall be final and shall not be appealable.
I. No temporary Rent Increase granted pursuant to this Section shall become effective until the first full calendar month following the filing by the Park Owner of a notice of completion of the Capital Improvement or Capital Replacement project with the City Clerk, and determination by the City that the work was completed in accordance with the Rent Increase approval. A Rent Increase approved pursuant to this Section shall be itemized separately on the rental billing provided to the affected Mobilehome Owners and shall terminate upon the conclusion of the approved amortization period.
J. Nothing in this Section shall prevent the Park Owner from making emergency Capital Improvements or Capital Replacements required as a result of a disaster or other unpredictable event. In such event, the Park Owner may make limited and reasonable Capital Improvements or Capital Replacements required to protect the public health and safety and to limit further damage to the Park, and to thereafter or simultaneously seek a Rent adjustment for such Capital Improvement or Capital Replacement pursuant to this section.
SEC. 6920.14 Rent Reduction for Service Reduction.
Rent may be reduced and/or refunded if a Service Reduction results in the reduction in the Mobilehome Owners’ enjoyment of their Mobilehomes.
A. Filing and Processing a Service Reduction Application. A Service Reduction application must be signed by at least one adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject to this Chapter.
B. If the City Manager, or hearing officer on appeal, finds that a material Service Reduction has occurred, the City Manager, or hearing officer on appeal, shall determine the resultant percentage reduction in the Mobilehome Owners’ enjoyment due to the Service Reduction. Rent shall be reduced by that percentage or amount. In addition, the Mobilehome Owners shall be entitled to, and the City Manager, or hearing officer on appeal, shall award a rebate in the amount of the monthly Rent reduction multiplied by the number of months between the date the Mobilehome Owners notified the Park Owner of the reduction in service and the date the City Manager, or hearing officer on appeal, determined the Rent reduction. Any rebate authorized pursuant to this section may be amortized over a maximum five year period, and bear the Interest Allowance for Amortized Expenses. In the event the Park Owner was not notified of the Service Reduction by the Mobilehome Owners or applicant and the Park Owner did not know nor should have known Attachment A
that the Service Reduction occurred prior to the filing of the application, no rebate shall be awarded. If a preponderance of the evidence proves that the Park Owner knew or should have known of the Service Reduction, a rebate shall be awarded and calculated from the date that the Park Owner knew or should have known of the start of the reduction.
C. No rebate shall be allowed or authorized if a Service Reduction of a recreational facility or service, and resulting Rent decrease, has the prior written approval signed by at least one adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject to this Article.
D. No Service Reduction may include a condition created by the Park management’s failure to maintain the physical improvements in the common facilities in good working order, or condition for which the provisions of Civil Code section 798.84 provides a remedy.
E. No recreational service or facility that has been reduced or eliminated shall be reinstituted at any cost to the Mobilehome Owners without prior written approval signed by at least one adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject to this Article.
F. In the event that a Service Reduction application is filed while a Fair Return Application is pending, the City Manager, the Park Owner, or the Mobilehome Owners may require consolidation of the applications.
SEC. 6920.15 Waivers.
A. Any waiver or purported waiver by a Mobilehome Owner of rights granted under this Article shall be void as contrary to public policy.
B. It shall be unlawful for a Park Owner to require or attempt to require as a condition of tenancy in a Mobilehome Park, a Mobilehome Owner or a prospective Mobilehome Owner to waive in a lease or rental agreement or in any other agreement the rights granted to a Mobilehome Owner by this Article.
C. It shall be unlawful for a Park Owner to deny or threaten to deny tenancy in a Mobilehome Park to any person on account of such person’s refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a Mobilehome Owner by this Article.
SEC. 6920.16 Mobilehome Owners’ Representatives.
A. The Affected Mobilehome Owners of each Mobilehome Park shall annually elect by majority vote, with one vote per Space, a representative (“Homeowner Representative”) to receive all notices and documents that are required by this Article to be delivered to the Mobilehome Owner or Homeowner Representative. The Homeowner Representative shall additionally have the authority to accept and reject written settlement offers submitted pursuant to this Article, which shall be binding upon the said Mobilehome Owners.
B. No later than January 31st of each year, the Homeowner Representative shall provide written notice to the City Manager of his/her name, address, phone number and email address ,and shall promptly notify the City Manager in writing of any change of contact information or Attachment A
representative. Said notice shall be dated, signed and include a certification substantially similar to the following:
“I certify that I have been elected as the designated Mobilehome Owners’ Representative (Homeowner Representative) for the ______________________ Mobilehome Park (“Park”) as the result of a duly noticed election. All tenants of spaces in the park which are governed by Title VI, Chapter 6 of the Arcata Municipal Code were delivered written notices advising them of (a) their right to vote for the Park’s Homeowner Representative, (b) the authority and obligations of the Homeowner Representative, (c) the slate of candidates running for the position of the Park’s Homeowner Representative, (d) the date by when and how they must cast their vote and (e) the place to cast their vote. I further certify that of the ballots timely cast, ________ [number] or _______% were cast in favor of the undersigned.”
C. In the event no person is elected or willing to serve as the Homeowner Representative, the president or presiding officer of any existing tenants’ organization or association that is independent of the Park Owner shall serve as the Homeowner Representative. In the event there is no tenant’s organization or association, the duties and authorization imposed upon and granted to the Homeowner Representative by this Article shall not be discharged or exercised with respect to that Park. In the event a Homeowner Representative fails to discharge his/her duties as specified in this Article, the tenants described in subsection (A) of this Section shall have the right to vote as to whether or not the Homeowner Representative shall continue acting as the Homeowner Representative. If at least 50 percent plus one of the Affected Mobilehome Spaces vote against the Homeowner Representative retaining his/her position as Homeowner Representative, that person shall step down from and no longer occupy the position of Homeowner Representative effective as of the date of the election.
D. In addition to duties and authorization set forth in subsection (A) of this section, the Homeowner Representative shall discharge the following obligations:
1. Upon receipt of the notices and documents which the Homeowner Representative is to receive under this Article, the Homeowner Representative shall (a) post copies of same in a community center or other place in the Park that is readily accessible to and frequented by the Mobilehome Owners, and (b) electronically send them to all affected Mobilehome Owners if reasonably possible
2. Make good faith and timely efforts to notify all Affected Mobilehome Owners of any written settlement offers received by or proposed by the Homeowner Representative pursuant to this Article. The Homeowner Representative, together with the tenants, shall develop procedures for soliciting the input from those tenants affected by such settlement offers so that the Homeowner Representative reasonably represents the interests of a majority of the potentially affected tenants.
E. During his/her term as the Homeowner Representative, the Homeowner Representative may not serve on the City Council, or any of its commissions, committees, boards, or task forces. An employee, agent or relative, or anyone receiving any financial compensation from the Park management or the Park Owner, is disqualified from serving as the Homeowner Representative.
SEC. 6920.17 Rights of Prospective Mobilehome Owners.
Attachment A
A. Prospective Mobilehome Owners shall be offered the option of renting a Space in a manner that will permit the “tenant-to-be” to receive the benefits of the Mobilehome Space rent stabilization program codified herein, which includes, but is not limited to, rental of a Mobilehome Space on a month-to-month basis. A prospective tenant cannot be denied the option of a tenancy of 12 months or less in duration.
B. The Park Owner shall provide each prospective Mobilehome Owner with a copy of this Chapter.
C. Any effort to circumvent the requirements of this Article shall be unlawful.
SEC. 6920.18 Annual registration and other notices required from Owner.
A. Due Date. No later than May 31st of each year, each Park Owner shall file with the City an annual registration statement, on a form prescribed by the City Manager.
B. Contents of Registration Form. The registration form shall include the name(s), business address(es), and business telephone number(s) of each person or legal entity possessing an Ownership interest in the Park and the nature of such interest; the number of Mobilehome Spaces within the Park; a Rent schedule reflecting the current Space Rents within the Park; a listing of all other charges, including utilities not included in Space Rent, paid by Mobilehome Owners within the Park and the approximate amount of each such charge; the name and address to which all required notices and correspondence may be sent; the name and address of each Mobilehome Owner; the name and address of each person renting a Mobilehome; an identification of those Spaces or Mobilehomes which the Park Owner considers exempt from this Article and a statement of the reasons therefor; a statement of the number of recreational vehicle Spaces in the Park; and other information required by the City Manager.
C. Certification of Registration Forms. All registration forms, and any documentation accompanying registration forms, shall contain an affidavit or declaration signed by the Park Owner or a designated agent, with his/her signature notarized, certifying that the information contained therein is true, correct and complete.
D. Notice of Sale of a Park. Upon the sale or transfer of a Mobilehome Park, the seller or transferor shall notify the City Manager of the sale or transfer and of the name and address of the buyer or transferee. Within 10 days of the sale or transfer of a Mobilehome Park, the buyer or transferee shall provide a new registration form meeting the requirements of this section and a copy of the statement of the Base Year income, expenses, and net operating income of the Park and supporting documents that the previous Park Owner had provided to them pursuant to subsection E of this section.
E. Notice to Prospective Park Purchasers. The Park Owner shall provide prospective Park purchasers with a copy of this Chapter.
SEC. 6920.19 Retaliation Prohibited.
A. It shall be unlawful for a Park Owner to evict a Mobilehome tenant where the Park Owner’s dominant motive in seeking to recover possession of the space is:
1. Retaliation for the Mobilehome tenant’s organizing, petitioning government for Rent relief, or exercising any right granted under this Article; or
2. Evading or circumventing the purposes of this Article.
Attachment A
B. It shall be unlawful for a Park Owner to retaliate against a Mobilehome tenant because of the tenant’s assertion or exercise of rights under this Article in any manner, including but not limited to:
1. Threatening to bring or bringing an action to recover possession of a space.
2. Engaging in any form of harassment that causes the tenant to quit the premises.
3. Decreasing housing services.
4. Increasing Rent.
5. Imposing or increasing a security deposit or other charge payable by the tenant.
SEC. 6920.20 Time of Allowed Rent Increase/Adjustment.
A. Once within a twelve (12) month period, the Park Owner may implement a CPI Rent adjustment or a Fair return increase, as authorized in the Article, but not both.
B. A Capital Replacement Cost pass-through authorized by this Article may only be implemented on the effective date of the CPI or Fair return rent adjustment.
C. The following Rent Increases or adjustments, as authorized by this Article, may be implemented at any time during the year:
1. Government mandated expense pass-throughs;
2. Utility pass-throughs;
3. Capital Improvement Cost pass-throughs;
4. In-place transfer Rent Increases.
D. Rent Increases subject to approval by the City Manager shall be implemented after his/her final determination.
E. Rent reductions for Service Reductions shall be implemented at the time Service Reductions are ordered.
SEC. 6920.21 Refusal of Mobilehome Owner to Pay Illegal Rent.
It shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the amounts authorized by this Article. An Affected Mobilehome Owner may refuse to pay any Rent in excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is in excess of the maximum Rent shall be a defense in any action brought to recover possession of a Mobilehome Space for nonpayment of Rent or to collect the illegal Rent.
SEC. 6920.22 Disclosures.
A Park Owner shall disclose to each prospective Mobilehome Owner the current and proposed Base Rent for the Mobilehome Space, any rental agreement options, provide each prospective Mobilehome Owner a copy of this Chapter, and that if the prospective Mobilehome Owner signs a lease with a term of more than one year, that lease will be exempt from rent stabilization in addition to notice required pursuant to Civil Code section 798.74.5 of the Mobilehome Residency Law. The Park Owner shall give the required disclosure and provide a copy of this Chapter to the prospective Mobilehome Owner at the time that the Park Owner, or Owner’s representative, receives the prospective Mobilehome Owner’s application for tenancy. The Park Owner shall obtain a signature of the prospective Mobilehome Attachment A
Owner on the disclosure form acknowledging receipt of the disclosures. The Park Owner shall retain the signed disclosure form throughout the entire tenancy of the Mobilehome Owner. This signed form shall be made available to the City Manager upon reasonable written notice.
SEC. 6920.23 Prospective Mobilehome Owner; Tenancy Twelve Months or Less.
All prospective Mobilehome Owners shall be offered the option of a tenancy of twelve (12) months or less upon terms consistent with the provisions of this Article. This section shall not apply to prevent a mutually agreed upon assignment between a Park Owner and an existing Mobilehome Owner of an existing lease, provided any such assignment does not violate the provisions in this Article applicable to in-place transfer Rent Increases.
SEC. 6920.24 Rent Stabilization Administration, Fees.
A. Administrative Regulations: The City Manager may administratively adopt implementing regulations that are consistent with the provisions and intent of this Article.
B. Rent Stabilization Administration Fee: All or any portion of the costs to administer this Chapter may be collected by the imposition of an annual rent stabilization administration fee, which shall be at a minimum equal to $10.00 per Space per month. The fee shall be chargeable against every Mobilehome Space in the City subject to rent stabilization. The Park Owner shall remit payment to the City within 30 days after the end of each calendar quarter, and may pass-through up to onehalf of the fee to those tenants subject to the fee as a government mandated expense pass-through.
The fee is intended to cover the full cost of administration and the fee assessment amount may be amended from time to time by resolution of the City Council.
C. Other Fees: The City Council may adopt by resolution additional fees as necessary to reimburse the City for its costs to implement this Chapter, and may allocate specified charges to the respective Parties.
SEC. 6920.25 Amendment.
Any amendment to this Article shall require a prior public hearing before the City Council with notice thereof mailed to all Affected Mobilehome Owners in the City at least ten (10) days prior to the hearing.
Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid under law.
Section 4. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines based on the finding that the provisions of the ordinance constitute additional regulation for a process already existing under State law and thus does not have the potential for causing a significant impact to the environment.
Section 5. Effective Date. This ordinance will take effect thirty (30) days after the date of its adoption.
DATE: , 20
Attachment A
ATTEST: APPROVED:
City Clerk, City of Arcata Mayor, City of Arcata
Attachment A
Clerk’s Certificate
I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1487, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California on the day of_____, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
City Clerk, City of Arcata
Attachment A