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ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING SECTION 11.08.090 OF THE LANCASTER
MUNICIPAL CODE CONCERNING MOBILEHOME RENT INCREASES
FOLLOWING CERTAIN VACANCIES, SALES, OR TRANSFERS
WHEREAS, the City of Lancaster (“City”) is a charter city as authorized by and described in article XIII of the California Constitution; and
WHEREAS, section 5 of article XIII of the California Constitution provides, in pertinent part, that “[i]t shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws[…]”; and
WHEREAS, section 11.08.090 of the Lancaster Municipal Code specifies that when a mobilehome located upon that mobilehome space is sold, the park owner may not increase the rent for any such mobilehome space except in accordance with the provisions of this chapter or when the mobilehome is removed from the mobilehome space and that mobilehome space is vacant; and WHEREAS, the City Council of the City has determined that, except in the case of certain intrafamily and other sales and transfers, section 11.080.090 should be amended to permit a mobilehome park owner to establish the rent for a mobilehome space when a mobilehome located upon that mobilehome space is sold or transferred, or when the mobilehome is removed from the mobilehome space and that mobilehome space is vacant, without regard to the City’s Mobilehome Park Rent Stabilization Ordinance (chapter 11.08 of the Lancaster Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.
Section 2. Section 11.08.090 of the Lancaster Municipal Code is hereby amended to read, in its entirety, as follows:
11.08.090 Vacancy Increases.
A. For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, a park owner may establish the initial rental rate not subject to this chapter. This chapter shall be applicable to subsequent increases after that initial rental rate has been established.
B. For purposes of this section, “new tenancy” does not include a sale or transfer of a mobilehome located upon that mobile- home space that is one of the types listed in section 1701j-3(d) of title 28 of the United States Code.
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Section 3. Section 11.08.150 is hereby added to the Lancaster Municipal Code to read as follows:
11.08.150 Relationship to Other Laws.
If any provision of this chapter conflicts with any general law of the State of California, including, without limitation, section 798.30.5 of the California Civil Code, the more restrictive provision shall control.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law. 3 4907-7279-5924v3/022283-0545
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster