Ordinance No.
Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2026.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 11th day of May, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
46708.00102\44928660.1
ORDINANCE NO. [***INSERT NO.***]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING CHAPTER 5.68 TO TITLE 5
OF THE UPLAND MUNICIPAL CODE REGARDING
MOBILEHOME RENT REVIEW
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, ; and
WHEREAS, there are currently six (6) mobilehome parks owned by mobilehome park owners operating in the City, with a total of approximately 869 mobilehome spaces, which parks are the subject of this rent stabilization ordinance; and
WHEREAS, ; and
WHEREAS, residents in these mobilehome parks typically own their mobilehome as personal property and rent the space on which the mobilehome sits from the owner of the mobilehome park; and
WHEREAS, ; and
WHEREAS, the relative immobility of mobilehomes, the substantial investment involved in the purchase of a mobilehome, and the expense, difficulty, and risk of damage in moving a mobilehome has created a captive market of mobilehome owners and tenants in the City; and
WHEREAS, the majority of mobilehome owners in the City qualify as low to moderate-income and are housing cost burdened, meaning they spend more than 30% of their household income on space rent, mortgage, insurance, property tax, utilities, and pass-through fees; and
WHEREAS, the City Council desires to ; andupdate and re-establish a rent stabilization ordinance to prevent excessive, unreasonable, and frequent rent increases, while at the same time recognizing the need of park owners to receive a just and reasonable return on their investment; and WHEREAS, the City Council finds that all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Chapter 5.68 is hereby added to Title 5 of the Upland Municipal Code to read in its entirety as follows:
Ordinance No.
"CHAPTER 5.68 MOBILEHOME RENT REVIEW
§ 5.68.010. Purpose.
The city council finds and declares it necessary to protect the owners and occupants of mobilehomes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the increased costs of repairs, maintenance, insurance, upkeep and additional amenities. § 5.68.020. Applicability.
A. The provisions of this chapter shall apply to any mobilehome park within the city..-, unless otherwise exempt in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code § 798 et seq.), as may be amended from time to time.
B. None of the provisions of this chapter shall prohibit any tcnanthomeowner of a mobilehome park from entering into a written lease with the owner of such park which, by its terms, provides for rental increases different than would be allowed by this chapter.- in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code § 798 et seq.), as may be amended from time to time.
after thc enactment of this chapter and thc commencement of ach new homcowncrs voting for thc officcrs representing thcm and such other of the particular-
, rk shall certify the homeowners' association
hall set forth the address to
rtification is given
to the organization, the certification shall continue unless it becomes apparent to the city clerk that the organization no longer represents the homeowners of the park and/or the homeowners' organization files a statement changing the representation. A statement shall further be filed n file a list of the current officcrs of the
organization at all times.
C. If a homeowners' association exists within a mobilehome park, or if affected homeowners designate a representative for purposes of this chapter, notice
Ordinance No.
required by the chapter shall be provided to such association or designated representative in addition to any notice otherwise required to be provided to affected homeowners individually.
D. The absence of a homeowners' association or designated homeowner representative shall not impair the operation or enforceability of this chapter. § 5.68.030. Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
"Arbitrator" means a mcmbcr of the Amcrican Arbitration Association scicctcd by "Base rent" means the money charged for any mobilehome dwelling unit space in effect for that space on JanuaryA ril 1, 10852026, subject to the maximum permitted rent increases per annum as provided for in ScctionsSection 5.68.040(A)- and (B). In the event that the space under consideration for rent review has been previously rented and the rental agreement is not extended and no new rental agreement in excess of 12 months' duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation. This base rental is then subject to the maximum permitted rent increase as provided for in ScctionsSection 5.68.040(A) and (B). Where a lease agreement has expired and no new lease agreement is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent. "Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs. "City" means the City of Upland.
"City clerk" means the duly appointed city clerk for the city of Upland. "Consumer price index" means the consumer price index for all urban consumers (CPI-U) published for the Los Angcics Long Bcach AnahcimRiverside-San Bernardino-Ontario Area for the y ar 1084, or any successor index.- published by the United States Department of Labor or other successor agency. If such index is discontinued or substantially revised, the City may designate by resolution or administrative rule a substitute index or method that reasonably reflects changes in the cost of living.
Ordinance No.
"Hearing Officer" means a neutral decision maker appointed by the City to conduct hearings and decide requests for rent increases in excess of those otherwise permitted by this chapter. The City may maintain a panel of qualified hearing officers or may appoint a hearing officer on an ad hoc basis. "Homeowner" means any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof.
"Homeowners' association" or "association" means a nonprofit unincorporated or incorporated association with membership open to all homeowners of a particular park, duly ccrtificd as such by the city clerk, with elected officers for a specified period of time.
" rcby mobilehome park owners
and association representatives meet to discuss and resolve issues, including rent right to demand arbitration.
"Mobilehome park owners" means the owner, lessor, operator or manager of a mobilehome park within the purview of this chapter.
"Space rent" means the consideration, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. Also excluded are costs for water, gas and electrical charges if the dwelling unit has individual usage meters.
§ 5.68.040. Permitted Rent Increases Without Meet erg rent increases without a hearing.
A mobilehome park owner may assess a rental increase without the necessity of a hearing upon the
following conditions_
f-A. There have been no prior rent increases within the affected spaces of the mobilehome park for the twelve (12) month period immediately preceding the date of increase.
That the rental increase assessed by the mobilehome park owner does not exceed eighty percent (80%) of the increase in the United States Angeles Long Beach Metropolitan arcconsumer price index for the preceding calendar year, up to a total increase not to exceed seven percent (7%) of the Base Rcntbase rent for the affected homeowner. Provided, however, in the event that the increase in the C.P.I.consumer price index shall itself exceed eight and three-quarters percent (8.75%), such permitted increase shall be seven percent (7%) plus fifty percent (50%) of the increase
Ordinance No.
of the C.P.I.consumer price index in excess of eight and three-quarters percent (8.75%).
t19-e—homcowner }th-c term of which is in forcc as of the date of this ordinance and any rental agrccmcnt which is cxcmpt from any 708 i 7 of thy, Civil Code of thy, State of California as it is now proposed asc, binding upon the
owncr and tenant in existence on September 1, 1002, and/or b. An increase in any government imposed taxes, benefit assessments or services (city, county, or state) over the fiscal year immediately last past, excluding the first y ar of any tax incr asc occasioned by a re sale of the park, and further excluding water, sewer and refuse charges, and including but not limited to paramedic fees § 5.68.050. Rental increases in excess of chapter guidelines.
A mobilehome park owner may make an application for a rent increase in excess of the guidelines permitted by this chapter upon appropriate application for arbitrationan increase under the provisions of Section 5.68.070(B)(3) hereinafter set forth.
§ 5.68.060. Reserved.
accordance with Civil Codc 708.17. Pursuant to Civil Codc 708.17(c) the homeowner and/or prospective homcowncr shall have the right to reject the offered rental agrccmcnt and accept a rental agreement for 12 months or less, including a month to month agrccmcnt. No mobilchomc park owncr may request directly or indirectly that as a condition to the continued tenancy for an existing ne y ar which
spective homcowncr.
No prospcctivc homcowncr or purchaser shall be charged by the park owncr a land Mobilchomc Rent
Review Ordinance this day of in the year . Signed:
Ordinance No.
§ 5.68.070. Request for additional rent increases.
A. In order to implement a rent increase in excess of the guidelines of Section
5.68.0505.68.040, the mobilehome park owner must file an application with the association a 60 day writtcn noticc ofCity, including a proposed rent schedule, on a form approvcdprepared by the city councilCity. The rent schedule shall show the existing and proposed rents for each space. The mobilehome park owner shall serve each affected homeowner, either personally or by mail, with such 60a 90-day written notice of the proposed increase in accordance with California Civil Code, Section 798.30, or its successor, and in addition, with notice that a request for approval of the increase is being filed with the city clerk. The mobilehome park owner shall file proof of service with the city clerk concurrent with the filing of the rent increase request.
137 it writtcn notice to
the homeowners' association at its address specified in its certification and results in an agreement bctwccn the mobilehome park owner and the association as to the amount for the proposed rent increase, the rent rocedures:
B. authorizcdif a homeowners' association or designated resident representative efexists, the mobilehome park owner shall also provide a copy of the notice and application materials to such association or representative within 10 days of any submission to the City.
The procccding shall be an informal, nonbinding procccding for the incr asc.
3, Any party, i.e., homeowners' association or park owner, unsatisfied of the date of such meeting, file a written request for formal bctwccn the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
4 f the party proves their case
he evidence.
C. If arbitration-a proposed increase is requested under this Section, the following procedures shall be used:
Ordinance No.
1. Immediately upon notice of a request for arbitration, the city clerk shall- secure a-list eF three arbit teTs-available to serve in this matter. association who shall be
n removed from the list. The
name from the list, the clerk shall select the arbitrator from the remaining namcs.The City shall set the matter for hearing before a hearing officer.
2. Within a period of 30 days following the selection of an arbitrator, a hearing shall be held for the presentation of evidence as to the Written
notice of the date, time, and place of the hearing shall be given to the parties thereto in writing not less than 20 days prior to the hearing.
The notice shall be given by personal delivery or by depositing in the United States mail directed to the addresses on file with the clerk. A reasonable continuance, not to exceed 30 days may be granted by stipulation of the parties or at the discretion of the arbitratorhearing officer.
3 Each party shall file with the arbitratorhearing officer and serve copies on the opposing party no less than seven days prior to the arbitrationhearing all documentary evidence that party intends to introduce into evidence at the time of hearing. Failure to file such documentary evidence under this schedule shall preclude the use of such documents at the hearing except as otherwise stipulated to by the parties, or as permitted by the arbitratorhearing officer.
D. In the consideration of the reasonableness of a proposed rent increase, the arbitratorhearing officer shall consider all relevant factors in determining whether such increase yields a just and reasonable return on the mobilehome park owner's property, to include, but shall not be limited to the following:
1. Changes in the Ce-nsumer Price Indcxconsumer price index;
2. Reserved;
3. The rent lawfully charged for comparable mobilehome spaces in the Inland Empire of Western San Bernardino County;
4. The length of time since the last rent increase for the mobilehome space or spaces in the subject park;
Ordinance No.
5. The orbitratorhearing officer shall specify that an increase in rent or a portion of an increase in rent granted be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such increase granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement;
6. Changes in the rent paid by the park owner for the lease on which the subject mobilehome park is located;
7. Changes in the utility charges for the subject mobilehome park paid by the park owner and the extent, if any, of reimbursement from the homeowners;
8. Changes in reasonable operating and maintenance expenses;
9. The need for repairs caused by circumstances other than ordinary wear and tear not covered by owner's insurance;
10. The amount and quality of services provided by the park owner to the affected homeowner;
11. Any existing written lease lawfully entered into between the park owner and other homeowners in the park;
12. The present market value of the mobilehome park owner's property;
13. The investment of the park owner in the subject park property.
E. At the hearing:
1. The parties may offer any testimony, documents, written declarations or other evidence that is relevant to the subject of the hearing.
2. The parties may have assistance in presenting evidence, or in setting forth by argument their position, from an attorney or such other person as may be designated by the parties; provided, however, that each party may have only one such spokesperson at the hearing.
3. In the event either party should fail to appear, the orbitratorhearing officer may hear and review such evidence as may be presented and make such decisions as if both parties were present.
4. All testimony shall be taken and all documentary evidence shall be submitted under penalty of perjury according to the laws of the state of California.
Ordinance No.
5. It need not be conducted according to the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible evidence shall be of the type of which responsible persons are accustomed to rely in the conduct of serious affairs. A full and fair hearing shall be accorded to the parties to the hearing.
6. The proceedings shall be ta-pc recorded. Any party who desires that the proceedings be recorded stenographically shall make arrangements with the city clerk at least five days before the hearing.
Any transcripts prepared by a reporter at the party's request shall be at his or her expense, and the original shall be filed with the city clerk.
If the party makes a request for a transcript of the tapc recording at the time of or after the hearing, he or she shall make arrangements to copy the official tape recording with the city clerk. All expenses incurred for the transcript will be borne by the requesting party.
7. Any person may be excluded during the hearing by the arbitratorhearing officer if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings.
F. The arbitratorhearing officer shall make a final decision within 10 days of the conclusion of the hearing. The written decision, including all applicable findings, shall be delivered to the city clerk who shall mail the decision of the arbitratorhearing officer to all parties.
G. All mobilehome rent arbitration hearings shall be open to the public.
H. Any decision of the arbitratorhearing officer must be supported by a preponderance of the evidence.
The conclusion and findings of the arbitratorhearing officer shall be final and binding on all parties, subjcct to rcvicw by the city councilexcept as set forth in Section 5.68.080.
J. In the event that a final determination on the proposed rent increase is not made prior to the effective date of said increase pursuant to California Civil Code, Section 798.30, the requested increase shall, nevertheless, become temporarily effective at the option of the park owner. Should the election be made to have the temporary increase pursuant to this subsection, the full amount of the increase which is in excess of that permitted under Section
5.68.0505.68.040, shall be placed in a segregated interest-bearing account and shall not be used for the benefit of either homeowner or park owner.
Upon a final determination as to the proposed rent increase, the deposited moneys, including any accrued interest, shall be distributed to the respective parties entitled thereto within 10 days of said final determination.
Ordinance No.
K. Costs of arbitrationthe hearing shall initially be borne by the mobilehome park owner. Fees for the arbitrationhearing process shall be established by resolution from time to time by the city council to defray the costs to the city in administering this chapter, including any attorney's fees incurred by the city, and such fees shall be estimated by the city clerk based upon such resolution and shall be advanced upon demand by the city clerk. Any mobilehome park owner failing to post his or her fees for arbitrationthe hearing, including the fees above mentioned, shall be prohibited from participating in the arbitration proceedings.
L. The arbitratorhearing officer shall determine the portions of costs to be paid by mobilehome park owner and homeowner(s) on the expenses of each arbitration. Arbitrationhearing. Hearing expenses shall not include attorney's fees incurred for proceedings or, in preparation of such proceedings, by the mobilehome park owner or by the homeowner(s). ArbitrationHearing expenses shall be awarded on the basis of considering which party prevailed and the rationality of the request of each of the parties. The determination as to how much of the expenses each of the parties shall pay based upon the criteria of this subsection, shall be in the sole discretion of the arbitratorhearing officer.
§ 5.68.080. ' Finality and judicial review.
A. Conclusions and findings of thc arbitratorThe written decision of the hearing officer shall be final and binding on all parties unless one of thc parties arbitrator is mailed to thc parties.
app of is filcd.the parties.
B. -a+l—Dimply state that thc
rve and file with
the respondent his or her proposed statement, consisting of:Any party aggrieved by a final decision under this chapter may seek judicial review in accordance with applicable law, including Code of Civil Procedure sections 1094.5 and 1094.6, if applicable.
C. The filing of a request for judicial review shall not automatically stay the effectiveness of the decision unless otherwise ordered by a court of competent jurisdiction.
The ndensed tat„ment ative form of all or part of the oral proceedings; and
A summary statement of the written evidence produced and the n evidence sustain the appellant's
Ordinance No.
statcmcnt on
thc respondent. Within 20 days after service of thc appcllant's c appellant's.
The arbitrator shall within five days after receipt of the statcmcnt of stimony and documentary
transcript of the proceeding before the
arbitrator.
§ 5.68.090. Reserved.
The council, at the hearing of the matter on review, shall consider all summary statements received by it, together with the documentary file with the arbitrator and
ointed by ach of the parties,
he evidence, both documentary and orally,
was arbitrary, capricious, unfair or contrary to the standard set forth in this chapter. If the council determines that the decision was not supported by the ceding was
arbitrary, capricious, unfair or contrary to the standard set forth in this deems just to achieve the purposes of this chapter. The decision of the § 5.68.100. Increase upon sale or transfer.
A. The owner, operator or manager shall provide the purchaser of a mobilehome that will remain in the park at the time of such purchase with a copy of this chapter prior to the execution of a rental agreement with the purchaser for the space in the park whether the space or the park is subject to this rent review chapter or not. A park owner may charge a rent increase of $34.00 per month or seven percent of the rent in effect at the time of the transfer, whichever is the greater, over the last monthly rental rate charged for a space, when ownership or occupancy of a mobilehome in the park is transferred, provided that:
1. Transfer of ownership or occupancy for purposes of this chapter shall not include transfers to the conservator, guardian or trustee of a
Ordinance No.
homeowner, transfers to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowner's immediate family), transfers to a surviving spouse upon the death of the other spouse, interspousal transfers, or a transfer to the parent(s) or children of a homeowner.
2. Removal of a mobilehome from a park for purposes of this chapter shall not include removal of a mobilehome by a homeowner already residing in a park for the purpose of replacing a mobilehome with a new or different mobilehome.
3. After the increase provided in subsection A of this section has been charged, the rent for that space shall thereafter be subject to regulation under all the provisions of this chapter and no rent increases may be charged, collected or retained except as provided in this chapter. For the purposes of annual increase provided in Section
5.68.040, no such increase may be charged until 12 months after the increase permitted by this subsection.
4. A homeowner who intends to put a mobilehome up for sale may request a written statement from the park owner specifying the rent which will be charged the new homeowner. The mobilehome park owner shall provide that statement to the homeowner within 15 days of the request, which shall be deemed received by the mobilehome park owner upon the date of personal delivery to the park manager or owner or the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The statement from the mobilehome park owner shall be deemed received by the homeowner upon the date of personal delivery to the homeowner or upon the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The mobilehome park owner shall not impose any rent higher than that set forth in that statement to a new homeowner for 120 days after the date it is provided to the homeowner. If the homeowner has not sold the mobilehome before the commitment in that statement expires, the homeowner shall have the right to obtain subsequent written statements pursuant to this subsection.
B. No upward adjustment of rents shall be authorized by reason of increased interest or the expense resulting from the mobilehome park owner refinancing the mobilehome park if at the time owner refinanced, the mobilehome park owner could reasonably have foreseen that such increased expenses could not be covered by the rent schedule in existence except where such refinancing is reasonable, is needed for the owner to make capital improvements, or where such refinancing is required under the terms of the existing loan or mortgage. A mobilehome park owner may negotiate with his or hcrany applicable association for a passthrough for capital costs.
Ordinance No.
If agreement cannot be reached, request to the city clerk for arbitrations hearing under Section 5.68.070 is allowed.
C. No upward adjustment of rents shall be authorized because of the mobilehome park owner's increased or other expenses resulting from a sale of the park, if at the time the mobilehome park owner acquired the park, the owner could have reasonably foreseen that such increased expenses would not be covered by the rent schedule then in effect. This ccctionsubsection shall apply only to mobilehome parks acquired after the date of adoption of the ordinance codified in this chapter.
§ 5.68.110. Violation.
A. Any party aggrieved by the wilfulwillful violation of any of the provisions of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any mobilehome park owner or his or her agent who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the homeowner from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of $500.00 or three times the amount by which the payment so demanded, accepted, received or retained exceeds the maximum lawful space rent, whichever is greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorneys' fees, and costs as determined by the court.
B. The fact of any wilfulwillful violation of this chapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent.
C. Any wilfulwillful violation of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation.
§ 5.68.120. Termination.
The provisions of this chapter will continue in effect and shall be valid and binding upon all parties affected thereby until these provisions are amended or revoked by a legislative enactment of the city council of the city." Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result
Ordinance No.
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of
2026.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 11th day of May, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Ordinance No.
Keri Johnson, City Clerk
Summary report:
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ORDINANCE NO. [***INSERT NO.***]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING CHAPTER 5.68 TO TITLE 5
OF THE UPLAND MUNICIPAL CODE REGARDING
MOBILEHOME RENT REVIEW
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, ; and
WHEREAS, there are currently six (6) mobilehome parks owned by mobilehome park owners operating in the City, with a total of approximately 869 mobilehome spaces, which parks are the subject of this rent stabilization ordinance; and
WHEREAS, ; and
WHEREAS, residents in these mobilehome parks typically own their mobilehome as personal property and rent the space on which the mobilehome sits from the owner of the mobilehome park; and
WHEREAS, ; and
WHEREAS, the relative immobility of mobilehomes, the substantial investment involved in the purchase of a mobilehome, and the expense, difficulty, and risk of damage in moving a mobilehome has created a captive market of mobilehome owners and tenants in the City; and
WHEREAS, the majority of mobilehome owners in the City qualify as low to moderate-income and are housing cost burdened, meaning they spend more than 30% of their household income on space rent, mortgage, insurance, property tax, utilities, and pass-through fees; and
WHEREAS, the City Council desires to ; andupdate and re-establish a rent stabilization ordinance to prevent excessive, unreasonable, and frequent rent increases, while at the same time recognizing the need of park owners to receive a just and reasonable return on their investment; and WHEREAS, the City Council finds that all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Chapter 5.68 is hereby added to Title 5 of the Upland Municipal Code to read in its entirety as follows:
46708.00102\44928660.1
Ordinance No.
"CHAPTER 5.68 MOBILEHOME RENT REVIEW
§ 5.68.010. Purpose.
The city council finds and declares it necessary to protect the owners and occupants of mobilehomes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the increased costs of repairs, maintenance, insurance, upkeep and additional amenities. This chapter is intended to provide clear and administrable procedures for the review of rent increases. § 5.68.020. Applicability.
A. The provisions of this chaptcrChapter shall apply to any mobilehome park within the city.City unless otherwise exempt in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code§ 798 et seq.), as may be amended from time to time.
B. None of the provisions of this chaptcrChapter shall prohibit any tenant of a mobilchomc parkHomeowner from entering into a written lease with the owner of such park which, by its tcrms, provides for rental increases diffcrcnt than would b„ allowed by this chaptcr.rental agreement with a Mobilehome Park Owner in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code§ 798 et seq.), as may be amended from time to time.
E Each park shall have a separate homeowners' association. Within 30 days homcowncrs voting for the officers representing them and such other purpose of
owners in the park.
e park. The certification shall-set—f-e-rth the -ress to to the organization, the certification shall continue unless it becomes apparent to the city clerk that the organization no longer represents the homcowncrs of the park and/or the homcowncrs' organization files a statement changing the representation. A statement shall further be filed ch of the officers
organization at all times.
46708.00102\44928660.1
Ordinance No.
C. If a homeowners' association exists within a mobilehome park, or if affected Homeowners designate a representative for purposes of this Chapter, notice required by the Chapter shall be provided to such association or designated representative in addition to any notice otherwise required to be provided to affected Homeowners individually.
D. The absence of a homeowners' association or designated Homeowner representative shall not impair the operation or enforceability of this Chapter. § 5.68.030. Definitions.
For the purpose of this chaptcrChapter, the words Gct out in this scctionand phrases shall have the following meanings set forth below:
"Arbitration" means the formal, binding proccdurc by which rental increases in "Base rent" means lawful Space Rent in effect for a mobilehome space on the Effective Date of this Chapter, or, for a tenancy that becomes subject to this Chapter after the Effective Date, the lawful Space Rent in effect when the tenancy first becomes subject to this Chapter.
"A rbitrat F the A rr.
��eea-r�s—a—�r �neF+ itration Association selectedscicctcd by the procedures set forth in Section 5.68.070(C)(1).
any mobilehome dwelling unit space in
985, subject to the maximum permitted rent
incr ases per annum as provided for in Sections 5.68.040(A) and (B). In the event ss of 12
months' duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of subject to the maximum permittcd rent incr ase as provided for in Sections B). Where a lease agreement has expired and no new lease d for the space under the
"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairsrepair and that provide a benefit extending beyond routine upkeep.
"City" means the City of Upland.
City cicrk"Manager" means the duly appointed city clerk forCity Manager of the cityCity of Upland.
"Consumer price index" means the consumer price index for all urban consumers (CPI-U) published for the Los Angeles Long Beach AnaheimRiverside-San 46708.00102\44928660.1
Ordinance No.
Bernardino-Ontario Area for the year 1984, or any successor index.- published by the United States Department of Labor or other successor agency. If such index is discontinued or substantially revised, the City may designate by resolution or administrative rule a substitute index or method that reasonably reflects changes in the cost of living.
"Hearing Officer" means a neutral decision maker appointed by the City to conduct hearings and decide requests for rent increases in excess of those otherwise permitted by this Chapter. The City may maintain a panel of qualified hearing officers or may appoint a hearing officer on an ad hoc basis. "Homeowner" means any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof.
"Homeowners' associationAssociation" or "associationAssociation" means a nonprofit unincorporated or incorporated association with membership open to all homcowncrsHomeowners of a particular park, duly certified as such by the city clerk, with elected officers for a specified period of time. "Meet and conferConfer" means the informal process whereby owners and associationMobilehome Park Owners and Homeowners or designated representatives meet to discuss and resolve issues, including rent increases, prior to itrationa hearing under this Chapter.
"Mobilehome park owncrsPark Owner" means the owner, lessor, operator or manager of a mobilehome parkpurview ofsubject to this chaptcrChapter. "Rent Administrator" means the City Manager, Development Services Director, the Housing Division, or such other City employee or designee as may be designated by the City to administer this Chapter.
"Space rentRent" means the consideration, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. Also excluded are costs for water, gas and electrical charges if the dwelling unit has individual usage meters and such charges are separately billed.
§ 5.68.040. pied--Re t Increase ithout Meet d erg Rules and Procedures.
conditions
A. The Rent Administrator is authorized to administer and implement this Chapter.
46708.00102\44928660.1
Ordinance No.
B. The Rent Administrator may adopt, amend, and rescind administrative rules, policies, forms, and procedures as necessary to carry out the purposes and provisions of this Chapter.
B. That the rental increase assessed by the mobileho
80%) of the incr ose in the United States
the Los Angeles Long B ach Metropolitan ar a for the preceding not to exceed seven percent (7%)
of the Base Rent for the affected homeowner. Provided, however, in three quarters percent (8.75%), such permitted increase shall be C.P.I. in excess of eight and three quarters percent (8.75%).
C. Such rules, policies, forms, and procedures may include, but are not limited to, application requirements, notice forms, filing procedures, hearing procedures, and guidelines for the review of rent increase requests.
C. Existing leases containing rental provision between the mobilchome park and the t-e Civil Cede of the State ef— alifernia asks now proposed and as may be amended from time to time.
D. The Rent Administrator's rules and procedures shall be consistent with this Chapter and applicable law and shall not conflict with the provisions of this Chapter.
E. The City may make such rules, policies, forms, and procedures available to the public in a manner determined by the City.
F. The City Council may, by resolution, establish fees to recover the reasonable costs of administering this Chapter.
§ 5.68.050. Permissible Annual Rent Increase.
A. D. Each space's proportional share of:Annual CPI Rent Increase. owner and tenant in existence on September 1, 1002, and/or
1. Basis of increase. On or after April 1, 2027, and on or after each April 1st of each year thereafter, a Mobilehome Park Owner may increase the Base Rent for a space by the greater of three percent (3%) or one hundred percent (100%) of the most recent CPI Annual January Change, provided, however, that in no event shall the permissible annual rent increase under this section exceed five percent 46708.00102\44928660.1
Ordinance No.
(5%). In the event that the CPI Annual January Change is negative, no Base Rent decrease shall be required.
b. An increase in any government imposcd taxes, bcncfit assessments or services (city, county, or state) over the fiscal year immediately last past, excluding the first year of any tax increase occasioned by a re sale of the park, and further excluding water, sewer and refuse charges, and including but not limited to paramedic fees and/or lighting and/or landscaping assessment districts.
2. Limitation on frequency of CPI Rent Increase. A CPI Rent Increase shall not be imposed by a Mobilehome Park Owner for a Mobilehome Space more frequently than once during any twelve (12) month period.
B. Compliance with Mobilehome Residency Law. The Mobilehome Park Owner must also comply with any applicable requirements of the Mobilehome Residency Law or other applicable state law before implementing the CPI Rent Increase.
§ 5.68 85.68.060. Rental increases in excess of Chapter guidelines.
A Mobilehome Park Owner may request approval of a rent increase in excess of the guidelines permitted by this Chapter by filing an application with the City in accordance with Section 5.68.070.
accordance with Civil Code 798.17. Pursuant to Civil Codc 798.17(c) the homeowner and/or prospective homcowncr shall have the right to reject the offered rental agrccmcnt and accept a rental agreement for 12 months or less, including a month to month agrccmcnt. No mobilehome park owner may request directly or indirectly that as a condition to the continued tenancy for an existing has been reviewed andprospective homcownei
No prospcctivc homcowncr or purchaser shall be charged by the park owner a obilchomc Rcnt-
Review Ordinance this day of in the y ar . Signed:
§ 5.68.070. Request for additional rent increases.
46708.00102\44928660.1
Ordinance No.
A. Application and Notice.
1. A In order to implement a rent increase in excess of the guidclincs of Scction 5.68.050, thc mobilchomc park owncr must filc with thc association-a
form approvcd by the city council. increase otherwise permitted by this Chapter, a Mobilehome Park Owner shall file an application with the City on a form prescribed by the City.
2. The rent schedulcapplication shall ski-ewinclude the existing and proposed rents for each space—, the basis for the requested increase, and such supporting documentation as the City may require.
3. The mobilchomc park owncr shall serve each affcctcd homeowner, either personally or by mail, with such 60 dayMobilehome Park Owner shall provide 90 days written notice of the proposed increase in- accordance with California Civil Code, Section 798.30, or its successor, and in addition, withto each affected Homeowner in compliance with state law, as may be amended from time to time, and shall also provide notice that a requcstan application for approval of the increase is bcinghas been filed with the
the filing of
the „t ; „,,cst-City.
Within 10 days of such notification, the city clerk shall mail written notice to the homeowners' association at its address specified in its certification and cnt incr ase
setting a place, date an fer session
results in an agreement between the mobilchomc park owncr and the association as to the amount for the proposed rent incr asc, the rent I agreed upon rent schedules and executed by the parties to be affected by
4. Proof of service of the notice required by this subsection shall be filed with the City concurrently with the application.
5. If a homeowners' association or designated Homeowner representative exists, the Mobilehome Park Owner shall also provide a copy of the notice and application materials to such association or representative. ssociation and he
The procccding shall be an informal, nonbinding procccding for the increase.
B. Administrative Review and Meet and Confer.
46708.00102\44928660.1
Ordinance No.
3, Any party, i.c., homeowners' association or park owncr, unsatisficd- may, within 10 days
of the date of such meeting, file a written request for formal between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
1. Upon receipt of an application, the City shall review the application for completeness.
4 h aring. Such burden shall be satisfied if the party proves their case by a preponderance of the evidence.
2. If the application is incomplete, the City shall notify the applicant of the deficiencies and may require the applicant to submit additional materials before the matter is set for hearing.
3. If the application is complete, the City may schedule a Meet and Confer session between the Mobilehome Park Owner and affected Homeowners, any association, or designated representatives, for the purpose of discussing the proposed increase and attempting to resolve or narrow the issues.
Immediately upon notice of a rcqucst for arbitration, the city c lerk
shaF1l se� list of three arbitrator -.il ble o se n this after.
The list shall be mailed to each participating association who shall be oved from the list. The
rties strike the same
name from the list, the clerk shall select the arbitrator from the remaining names.
4. Any agreement reached through the Meet and Confer process shall be reduced to writing and filed with the City.
2, With-i-n—a—peFied—of 30 days following the selection of an arbitrator, a h wring shall be held for the presentation of cvidcncc as to the arties
given by personal delivery or by depositing in the United States mail directed to the addresses on file with the clerk. A reasonable be granted by stipulation of
C. Hearing Officer; Hearing.
1. If the proposed increase is not resolved informally, the City shall set the matter for hearing before a Hearing Officer.
46708.00102\44928660.1
Ordinance No.
2. The City shall provide written notice of the date, time, and place of hearing to the applicant and affected Homeowners not less than 20 days before the hearing, unless a shorter period is agreed to by all affected parties and permitted by law.
3. 3 Each party shall file with the arbitrate~submit to the Hearing Officer and serve copies on the opposing party necopies of all documents intended to be introduced at the hearing not less than seven days
of such documents atbefore the hearing except as, unless otherwise he arbitratorordered
by the Hearing Officer.
4. The Hearing Officer may grant reasonable continuances for good cause.
sed rent incr ase, the
arbitrator shall consider all relevant factors in determining whether such t be limited to the following:
;
of the United States or an
D. Standards for Review.
37 ed for comparable mobilehomc spaces in the an Bernardino County;
In determining whether a proposed rent increase in excess of the increase otherwise permitted by this Chapter should be approved, the Hearing Officer shall determine whether the increase is necessary to provide the Mobilehome Park Owner a just and reasonable return. The Hearing Officer shall base this determination on the following categories of evidence:
1. Operating Expenses. Changes in reasonable and necessary operating and maintenance expenses, including, but not limited to, costs for labor, materials, insurance, and property taxes, to the extent such costs are not otherwise recovered through existing rent or separate charges.
2. Utilities. Changes in utility costs paid by the Mobilehome Park Owner, to the extent such costs are not directly billed to or reimbursed by Homeowners.
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Ordinance No.
3. Capital Improvements. The cost of capital improvements, including reasonable financing costs, amortized over the useful life of the improvement. Capital improvements shall not include ordinary maintenance or repair.
4. Service Levels. The extent to which the Mobilehome Park Owner has increased, decreased, or maintained the level and quality of housing services provided to Homeowners.
5. 4: Timing of Prior Increases. The length of time since the last rent increase for thc mobilehomc space or spaces in thc subject k;and the cumulative effect of prior increases.
57 ion of an
improvement, including interest. Such incr ase granted as a result of for r ,bl rtization of the st of such ovement;
6. 6: Inflationary Factors. Changes in the owner for the lease on which the subjectConsumer Price Index or other objective measures of inflation relevant to the costs of operating the mobilehome park is located;_
the park owner and the extent, if any, of reimbursement from the homeowners;
7. Other Relevant Financial Factors. Any other objectively verifiable financial factor directly affecting the Mobilehome Park Owner's ability to obtain a just and reasonable return, provided that such factor is supported by substantial evidence and is not otherwise excluded by this Chapter.
87 erating and maintenance ;
E. Hearing Procedures.
The need for repairs caused by circumstances other than ordinary-
1. The hearing shall be open to the public.
affected homeowner;
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2. 4, The parties may offer any testimony, declarations, documents, written declarations orand other relevant evidence that is relevant to
3. 2, The parties maypresenting evidence, or in getting forth by argument their position, from an attorney or such other person as may be designated by the parties; provided, however, that ach party may have only one such spokesperson at the h aring.be represented by counsel or another designated representative.
and review such evidence as may be presented and make such decisions as if both parties were present.
4. Formal rules of evidence shall not apply, but the Hearing Officer shall ensure a full and fair hearing.
of California.
cvidcncc and witnesses, as applicable in courts of law. To be affairs. A full and fair
5. 6T The proceedings shall be tape recorded. Any party who desires that the proceedings be rccordcd stenographically shall make Any transcripts prepared by a reporter at the party's request shall be .rhe shall make arrangements to
copy the official tape recording with the city clerk. All expenses incurred for the transcript will be borne by the requesting party.recorded in a manner determined by the City.
6. 7, Any person may be excluded during the hearing by the arbitratorHearing Officer if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings.
The arbitrator shall make Final decision within 10 days of the conclusion of the h aring. The written decision, including all applicable findings, shall be parties.
F. Decision.
n to the public.
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Ordinance No.
1._ The Hearing Officer shall issue a written decision, including findings, within ten days following the close of the hearing.
2. -HT AnyThe decision shall be based on a preponderance of the evidence.
The conclusion and findings of thc arbitrator shall be final and binding on all
3. The written decision shall be served on the parties by the City. nt increase is not
Co Sectie-n -798.30, thc requested increase shall, ncvcrthcicss, bccomc r. Should the election be-
t to this subsection, the full
5.68.050, shall be placed in a segregated interest b aring account and shall determination as to the proposed rent incr ase, the deposited moneys, entitled thereto within 10 days of said final determination.
G. Fees and Costs.
including any attorney's fees incurred by the city, and such fccs shall be upon demand by the city clerk. Any park owner failing to post his or her fccs Each party shall bear its own costs and expenses incurred in connection with any proceeding under this Chapter, including, but not limited to, attorneys' fees, expert fees, and preparation costs, except as otherwise expressly provided by this Chapter or required by applicable law. edings or, in preparation of
he basis of considering which
cnses each of the parties shall pay
§ 5.68.080. . Finality and judicial review. 46708.00102\44928660.1
Ordinance No.
f7 Conclusions and findings of the arbitrator shall be final and binding on all after the decision of the
A. The written decision of the Hearing Officer shall be final and binding on the parties.
The initial app al filed by the app aling party shall simply state that the the respondent his or her proposed statement, consisting of:
B. Any party aggrieved by a final decision under this Chapter may seek judicial review in accordance with applicable law, including Code of Civil Procedure sections 1094.5 and 1094.6, if applicable.
f the oral
proceedings; and
summary statcmcnt of the written evidence produced and the oral testimony and/ or thew '
the respondcnt. Within 20 days after service of the appcllant's C. The filing of a request for judicial review shall not automatically stay the effectiveness of the decision unless otherwise ordered by a court of competent jurisdiction.
§ 5.68.090. Administration.
The arbitrator shall within five days after receipt of the statcmcnt of parties at the hearing
arbitrator.
A. The City may require Mobilehome Park Owners to register each mobilehome park and provide information necessary to administer this Chapter, including rent schedules, number of spaces, and contact information.
The council, at the h aring of the matter on review, shall consider all summary statements received by it, together with the documentary 46708.00102\44928660.1
Ordinance No.
each of whom shall address the cvidcncc both docume
B. The Rent Administrator may adopt forms, rules, and procedures to implement this Chapter.
The council shall, upon hearing the evidence, both d , reponderance
was arbitrary, capricious, unfair or contrary to the standard set forth in this chapter. If the council determines that the decision was not supported by the ceeding was
arbitrary, capricious, unfair or contrary to the standard set forth in this chapter, then the council may grant the app al on terms and conditions as it deems just to achieve the purposes of this chapter. The decision of the ies within 10 days after
is decision shall be final.
§ 5.68.100. Increase upon sale or transfer.
The owner, operator or manager shall provide the purchaser of a copy of this chapter prior to the execution of a rental agreement with the to this rent review chapter or not. A park owner may charge a rent incr asc tr-a-risfer, whiche er-is the greater, over the last
transferred, provided that:
A. Notice to Prospective Homeowner. The Mobilehome Park Owner shall provide a prospective purchaser of a mobilehome that will remain in the park with a copy of this Chapter prior to the execution of a rental agreement for the space.
Transfer of ownership or occupancy for purposes of this chapter shall not include transfers to the conservator, guardian or trustee of a homeowner, transfers to a homeowner's trust (provided that the the homeowner's immediate family), transfers to a surviving spouse Capon the d ath of the other spouse, interspousal transfers, or a B. Increase Upon Transfer. Upon a transfer of ownership or occupancy of a mobilehome in the park, the Mobilehome Park Owner may increase the Space Rent without regard to the provisions of this Chapter.
C. Excluded Transfers. A transfer of ownership or occupancy shall not include:
1. Transfers to a conservator, guardian, or trustee of a Homeowner; 46708.00102\44928660.1
Ordinance No.
2._ Transfers to a Homeowner's trust, where the beneficiaries are members of the Homeowner's immediate family;
3. Transfers to a surviving spouse upon death;
4. Interspousal transfers; or
5. Transfers to a parent or child of a Homeowner.
D. 27 Replacement of Mobilehome. Removal of a mobilehome from a pa-Fk-for purposes of this chaptcr shall not includc rcmoval of a mobilchomc sc of replacing a
,;,tee th a-new or diffcrcnt mobilchomc.replacement by an existing Homeowner shall not constitute a transfer for purposes of this section. of this section has bccn
charged, the rent for that space shall ther after be subject to regulation under all the provisions of this chapter and no rent incr ases may be charged, collected or retained except as provided in E. Post-Transfer Regulation. After any increase permitted by this section, the space shall remain subject to all provisions of this Chapter. No additional rent increase may be imposed for that space for a period of 12 months following the effective date of the transfer increase.
47 A homcowncr who intends to put a mobilchomc up for sale may < owner specifying the rent-
which will be charged the new homcowncr. The park owner shall provide that statement to the homcowncr within 15 days of the day after deposit in the U.S. mail, certified or registered mail return receipt requested. The statement from the park shall be deemed homeowner or upon the third day after deposit in the U.S. mail, shall not impose any rent higher than that set forth in that statement the date it is provided to the
s, the homeowner shall have
the right to obtain subsequent written statements pursuant to this subsection.
F. Written Rent Statement. A Homeowner intending to sell a mobilehome may request a written statement from the Mobilehome Park Owner specifying the rent to be charged to a prospective purchaser. The Mobilehome Park Owner shall provide the statement within 15 days of the request. The 46708.00102\44928660.1
Ordinance No.
Mobilehome Park Owner shall not impose a rent higher than that stated for a period of 120 days following issuance of the statement. by reason of incre-ased-
interest or the expense resulting from thc mobilchomc park owncr able, is ccdcd For `hc owner to make capital improvements, or whcrc such refinancing is required undcr thc terms of thc existing loan or mortgage. A park owncr may negotiate with his or her association for a passthrough for capital costs. If agreement cannot be reached, request to thc city clerk for arbitration is allowed.
G. Increased Costs. No Base Rent increase shall be authorized solely on the basis of increased costs resulting from the refinancing, sale, transfer, or acquisition of a mobilehome park. However, such costs may be considered in support of a rent adjustment application under this Chapter upon a showing by the Mobilehome Park Owner that the costs were not reasonably foreseeable, cannot reasonably be absorbed under the existing rent structure, or that the refinancing was reasonably necessary to fund capital improvements, maintain or preserve the park, or satisfy existing loan obligations.
er could have reasonably foreseen that
effect. This section shall apply only to mobilchomc parks acquired after the § 5.68.110. Violation.
A. Any party aggrieved by the violation of any of the provisions of this chaptcrChapter may sue thereon and recover actual damages therefortherefore, plus a civil penalty as provided herein. Any - owncrMobilehome Park Owner or his or her agent who demands, accepts, receives or retains any payment of space rentSpace Rent in excess of the maximum lawful space rentSpace Rent, in violation of the provision of this chaptcrChapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the homeowner from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of $500.00 or three times the amount by which the payment so demanded, accepted, received or retained exceeds the maximum lawful space rentSpace Rent, whichever is greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorneys' fees, and costs as determined by the court.
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Ordinance No.
B. The fact of any wilfulwillful violation of this chaptcrChapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent.
C. Any wilfulwillful violation of this
51,000.00 or by imprisonmcnt in the
county jail for a period not cxcccding six months or by both such finc and imprisonmcnt. Each continuing day of violation shall be dccmcd to be a ccparatc violation.Chapter shall be an infraction and shall be subject to all applicable penalties or punishment available to the City, including, without limitation, those provided for in Chapter 1.16 of this Code. § 5.68.120. Termination.
The provisions of this chaptcrChapter will continue in effect and shall be valid and binding upon all parties affected thereby until these provisions are amended or revoked by a legislative enactment of the city council of the cityCity." Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2026. 46708.00102\44928660.1
Ordinance No.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 11th day of May, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
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City of Upland,CA
§ 5.68.010. Purpose.
The city council finds and declares it necessary to protect the owners and occupants of mobilehomes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the increased costs of repairs,maintenance,insurance, upkeep and additional amenities.
(Prior code § 6803.01)
§ 5.68.020. Applicability.
A. The provisions of this chapter shall apply to any mobilehome park within the city.
B. None of the provisions of this chapter shall prohibit any tenant of a mobilehome park from entering into a written lease with the owner of such park which, by its terms,provides for rental increases different than would be allowed by this chapter.
C. Each park shall have a separate homeowners' association. Within 30 days after the enactment of this chapter and the commencement of each new term of the officers, the association shall file a statement under penalty of perjury with the city clerk specifying the date of the election, the number of homeowners voting for the officers representing them and such other matters as the city clerk may deem necessary for the purpose of identifying the association as being truly representative of the homeowners in the park. If it appears that a majority of the homeowners elected the officers and the association duly represents the majority of the homeowners of the particular mobilehome park, the city clerk shall certify the homeowners' association and the officers thereof as the then duly authorized representatives of a particular mobilehome park. The certification shall set forth the address to which all notices of the association must be given. After certification is given to the organization,the certification shall continue unless it becomes apparent to the city clerk that the organization no longer represents the homeowners of the park and/or the homeowners' organization files a statement changing the representation. A statement shall further be filed with the city clerk at the commencement of the term of each of the officers to the end that the city clerk has on file a list of the current officers of the organization at all times. (Prior code § 6803.21)
§ 5.68.030. Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
"Arbitration" means the formal, binding procedure by which rental increases in excess of those permitted under this part are resolved.
"Arbitrator" means a member of the American Arbitration Association selected by the procedures set forth in Section 5.68.070(C)(1).
"Base rent" means the money charged for any mobilehome dwelling unit space in effect for that space on January 1, 1985, subject to the maximum permitted rent increases per Downloaded from https://ecode360.com/301647/UP5026 on 2026-05-04
City of Upland,CA
§ 5.68.030 § 5.68.040
annum as provided for in Sections 5.68.040(A) and(B). In the event that the space under consideration for rent review has been previously rented and the rental agreement is not extended and no new rental agreement in excess of 12 months' duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation.
This base rental is then subject to the maximum permitted rent increase as provided for in Sections 5.68.040(A) and(B).
Where a lease agreement has expired and no new lease agreement is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent.
"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs.
"City clerk" means the duly appointed city clerk for the city of Upland. "Consumer price index" means the consumer price index for all urban consumers (CPI- U) published for the Los Angeles - Long Beach - Anaheim Area for the year 1984, or any successor index.
"Homeowner" means any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof. "Homeowners' association" or "association" means a nonprofit unincorporated or incorporated association with membership open to all homeowners of a particular park, duly certified as such by the city clerk, with elected officers for a specified period of time.
"Meet and confer" means the informal process whereby mobilehome park owners and association representatives meet to discuss and resolve issues, including rent increases, prior to the exercise of the right to demand arbitration. "Mobilehome park owners" means the owner, lessor, operator or manager of a mobilehome park within the purview of this chapter.
"Space rent" means the consideration, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. Also excluded are costs for water, gas and electrical charges if the dwelling unit has individual usage meters. (Prior code § 6803.03)
§ 5.68.040. Permitted rent increases without meet and confer or arbitration.
A mobilehome park owner may assess a rental increase without the necessity of invoking the procedure for meet and confer or for arbitration upon the following conditions:
A. There have been no prior rent increases within the affected spaces of the mobilehome park for the 12-month period immediately preceding the date of increase.
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City of Upland,CA
§ 5.68.040 § 5.68.060
B. That the rental increase assessed by the mobilehome park owner does not exceed 80 percent of the increase in the United States Department of Labor Consumer Price Index (all urban consumers) in the Los Angeles Long Beach Metropolitan area for the preceding calendar year, up to a total increase not to exceed seven percent of the base rent for the affected homeowner. Provided, however, in the event that the increase in the C.P.I. shall itself exceed eight and three-quarters percent, such permitted increase shall be seven percent plus 50 percent of the increase of the C.P.I. in excess of eight and three-quarters percent.
C. Existing leases containing rental provisions between the mobilehome park and the homeowner or the person in possession of the residence of the homeowner,the term of which is in force as of the date of the ordinance codified in this chapter, and any rental agreement which is exempt from any ordinance, rule, regulation or initiative measure adopted by the city establishing a maximum amount that the mobilehome park may charge a tenant for rent in pursuance to subsection (1) of Section 798.17 of the Civil Code of the state of California as it is now proposed and as may be amended from time to time.
D. Each space's proportional share of:
1. An increase due under a valid existing land lease,binding upon the owner and tenant in existence on September 1, 1992; and/or
2. An increase in any government imposed taxes,benefit assessments or services (city, county or state) over the fiscal year immediately last past, excluding the first year of any tax increase occasioned by a re-sale of the park, and further excluding water, sewer and refuse charges, and including but not limited to paramedic fees and/or lighting and/or landscaping assessment districts. (Prior code § 6803.05)
§ 5.68.050. Rental increases in excess of chapter guidelines.
A mobilehome park owner may make application for a rent increase in excess of the guidelines permitted by this chapter upon appropriate application for arbitration under the provisions of Section 5.68.070(B)(3) hereinafter set forth. (Prior code § 6803.07)
§ 5.68.060. Permissible rental agreements.
Nothing in this chapter shall operate to restrict the right of the homeowner and/or prospective homeowner and mobilehome park owner to enter into an agreement in accordance with Civil Code 798.17. Pursuant to Civil Code 798.17(c) the homeowner and/or prospective homeowner shall have the right to reject the offered rental agreement and accept a rental agreement for 12 months or less, including a month-to-month agreement. No mobilehome park owner may request directly or indirectly that as a condition to the continued tenancy for an existing tenant of the park or a new tenancy for a prospective homeowner in the park,that the tenants sign a lease or rental agreement for a term in excess of one year which has been reviewed and rejected by the homeowner and/or prospective homeowner.
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City of Upland,CA
§ 5.68.060 § 5.68.070
No prospective homeowner or purchaser shall be charged by the park owner a rental fee for the space which he proposes to rent on a lease of one year or less, in excess of the increased rental allowed under Section 5.68.100 of this chapter.
I, the homeowner, have been presented a copy of the Upland Mobilehome Rent Review Ordinance this day of in the year . Signed:
(Prior code § 6803.08)
§ 5.68.070. Request for additional rent increases.
A. In order to implement a rent increase in excess of the guidelines of Section
5.68.050, the mobilehome park owner must file with the association a 60-day written notice of a proposed rent schedule on a form approved by the city council.
The rent schedule shall show the existing and proposed rents for each space. The mobilehome park owner shall serve each affected homeowner, either personally or by mail, with such 60-day written notice of the proposed increase in accordance with California Civil Code, Section 798.30, or its successor, and in addition, with notice that a request for approval of the increase is being filed with the city clerk.
The mobilehome park owner shall file proof of service with the city clerk concurrent with the filing of the rent increase request.
B. Within 10 days of such notification, the city clerk shall mail written notice to the homeowners' association at its address specified in its certification and the owners of the mobilehome park specifying the proposed rent increase setting a place, date and time for the holding of a meet and confer session on the subject of the proposed rent increase. If the meet and confer session results in an agreement between the mobilehome park owner and the association as to the amount for the proposed rent increase, the rent schedule agreed upon shall be submitted to the city clerk, setting forth the agreed upon rent schedules and executed by the parties to be affected by such revised schedule. The meet and confer proceeding shall be conducted according to the following rules and procedures:
1. The session shall be conducted by the chair of the association and the authorized representative of the park owner.
2. The proceeding shall be an informal, nonbinding proceeding for the purpose of reaching agreement as to the amount of the proposed rent increase.
3. Any party, i.e., homeowners' association or park owner, unsatisfied with the result of the meet and confer proceeding may, within 10 days of the date of such meeting, file a written request for formal arbitration. The request is to be filed with the office of the city clerk between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
4. The party requesting arbitration shall have the burden of proof at the hearing.
Such burden shall be satisfied if the party proves their case by a preponderance of the evidence.
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City of Upland,CA
§ 5.68.070 § 5.68.070
C. If arbitration is requested the following procedures shall be used:
1. Immediately upon notice of a request for arbitration, the city clerk shall secure a list of three arbitrators available to serve in this matter. The list shall be mailed to each participating association who shall be entitled to strike one name from the list, returning the list to the city clerk showing the name of the person removed from the list. The name remaining shall be the arbitrator. if both parties strike the same name from the list, the clerk shall select the arbitrator from the remaining names.
2. Within a period of 30 days following the selection of an arbitrator, a hearing shall be held for the presentation of evidence as to the propriety and/or reasonableness of the subject rent increase. Written notice of the time and place of the hearing shall be given to the parties thereto not less than 20 days prior to the hearing. The notice shall be given by personal delivery or by depositing in the United States mail directed to the addresses on file with the clerk. A reasonable continuance, not to exceed 30 days may be granted by stipulation of the parties or at the discretion of the arbitrator.
3. Each party shall file with the arbitrator and serve copies on the opposing party no less than seven days prior to the arbitration all documentary evidence that party intends to introduce into evidence at the time of hearing. Failure to file such documentary evidence under this schedule shall preclude the use of such documents at the hearing except as otherwise stipulated to by the parties, or as permitted by the arbitrator.
D. In the consideration of the reasonableness of a proposed rent increase, the arbitrator shall consider all relevant factors in determining whether such increase yields a just and reasonable return on the mobilehome park owner's property, to include, but shall not be limited to the following:
1. Changes in the Consumer Price Index;
2. The Voluntary Pay and Price Standards promulgated by the President of the United States or any other lawfully established state or federal government wage and price guidelines;
3. The rent lawfully charged for comparable mobilehome spaces in the Inland Empire of Western San Bernardino County;
4. The length of time since the last rent increase for the mobilehome space or spaces in the subject park;
5. The arbitrator shall specify that an increase in rent or a portion of an increase in rent granted be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such increase granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement;
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City of Upland,CA
§ 5.68.070 § 5.68.070
6. Changes in the rent paid by the park owner for the lease on which the subject mobilehome park is located;
7. Changes in the utility charges for the subject mobilehome park paid by the park owner and the extent, if any, of reimbursement from the homeowners;
8. Changes in reasonable operating and maintenance expenses;
9. The need for repairs caused by circumstances other than ordinary wear and tear not covered by owner's insurance;
10. The amount and quality of services provided by the park owner to the affected homeowner;
11. Any existing written lease lawfully entered into between the park owner and other homeowners in the park;
12. The present market value of the mobilehome park owner's property;
13. The investment of the park owner in the subject park property.
E. At the hearing:
1. The parties may offer any testimony, documents, written declarations or other evidence that is relevant to the subject of the hearing.
2. The parties may have assistance in presenting evidence, or in setting forth by argument their position, from an attorney or such other person as may be designated by the parties; provided, however, that each party may have only one such spokesperson at the hearing.
3. In the event either party should fail to appear, the arbitrator may hear and review such evidence as may be presented and make such decisions as if both parties were present.
4. All testimony shall be taken and all documentary evidence shall be submitted under penalty of perjury according to the laws of the state of California.
5. It need not be conducted according to the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible evidence shall be of the type of which responsible persons are accustomed to rely in the conduct of serious affairs. A full and fair hearing shall be accorded to the parties to the hearing.
6. The proceedings shall be tape recorded. Any party who desires that the proceedings be recorded stenographically shall make arrangements with the city clerk at least five days before the hearing. Any transcripts prepared by a reporter at the parry's request shall be at his or her expense, and the original shall be filed with the city clerk. If the party makes a request for a transcript of the tape recording at the time of or after the hearing, he or she shall make arrangements to copy the official tape recording with the city clerk. All Downloaded from https://ecode360.com/301647/UP5026 on 2026-05-04
City of Upland,CA
§ 5.68.070 § 5.68.080
expenses incurred for the transcript will be borne by the requesting party.
7. Any person may be excluded during the hearing by the arbitrator if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings.
F. The arbitrator shall make a final decision within 10 days of the conclusion of the hearing. The written decision, including all applicable findings, shall be delivered to the city clerk who shall mail the decision of the arbitrator to all parties.
G. All mobilehome rent arbitration hearings shall be open to the public.
H. Any decision of the arbitrator must be supported by a preponderance of the evidence.
I. The conclusion and findings of the arbitrator shall be final and binding on all parties, subject to review by the city council as set forth in Section 5.68.080.
J. In the event that a final determination on the proposed rent increase is not made prior to the effective date of said increase pursuant to California Civil Code, Section 798.30, the requested increase shall, nevertheless, become temporarily effective at the option of the park owner. Should the election be made to have the temporary increase pursuant to this subsection, the full amount of the increase which is in excess of that permitted under Section 5.68.050, shall be placed in a segregated interest-bearing account and shall not be used for the benefit of either homeowner or park owner. Upon a final determination as to the proposed rent increase, the deposited moneys, including any accrued interest, shall be distributed to the respective parties entitled thereto within 10 days of said final determination.
K. Costs of arbitration shall initially be borne by the park owner. Fees for the arbitration process shall be established by resolution from time to time by the city council to defray the costs to the city in administering this chapter, including any attorney's fees incurred by the city,and such fees shall be estimated by the city clerk based upon such resolution and shall be advanced upon demand by the city clerk.
Any park owner failing to post his or her fees for arbitration, including the fees above mentioned, shall be prohibited from participating in the arbitration proceedings.
The arbitrator shall determine the portions of costs to be paid by park owner and homeowner(s) on the expenses of each arbitration. Arbitration expenses shall not include attorney's fees incurred for proceedings or, in preparation of such proceedings, by the mobilehome park owner or by the homeowner(s). Arbitration expenses shall be awarded on the basis of considering which party prevailed and the rationality of the request of each of the parties. The determination as to how much of the expenses each of the parties shall pay based upon the criteria of this subsection, shall be in the sole discretion of the arbitrator. (Prior code § 6803.09)
§ 5.68.080. Review by the city council.
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City of Upland,CA
§ 5.68.080 § 5.68.090
A. Conclusions and findings of the arbitrator shall be final and binding on all parties unless one of the parties appeals the decision of the arbitrator and files the appeal with the city clerk within 10 days after the decision of the arbitrator is mailed to the parties. The city council shall hear the appeal not less than 20 days nor more than 35 days after the appeal is filed.
B. The initial appeal filed by the appealing party shall simply state that the appealing party has elected to appeal the decision of the arbitrator and state in general language the nature of the grounds for the appeal. Within 30 days after the preliminary notice of appeal, the appellant must serve and file with the respondent his or her proposed statement, consisting of:
1. The condensed statement in narrative form of all or part of the oral proceedings; and
2. A summary statement of the written evidence produced and the grounds for the appeal of the appellant setting forth which parts of the oral testimony and/ or the written evidence sustain the appellant's position. The appellant must serve and file the proposed statement on the respondent. Within 20 days after service of the appellant's proposed statement, the respondent must serve and file his statement prepared in like manner as the appellant's.
C. The arbitrator shall within five days after receipt of the statement of respondent file a summary statement of the oral testimony and documentary evidence introduced in this proceeding with reference to the points raised by the statements of both appellant and respondent and shall further file with the council all documentary evidence introduced by the parties at the hearing of the matter, including tapes or any transcript of the proceeding before the arbitrator.
D. The council, at the hearing of the matter on review, shall consider all summary statements received by it, together with the documentary evidence, including tapes and/or transcripts on file with the arbitrator and shall not be obliged to hear any further testimony or argument at the hearing except argument by one representative appointed by each of the parties, each of whom shall address the evidence both documentary and oral which he or she believes sustains his or her respective position on appeal.
E. The council shall, upon hearing the evidence, both documentary and orally, consider whether the arbitrator's decision is supported by the preponderance of the evidence or whether the arbitrator's decision and/or the proceeding was arbitrary, capricious, unfair or contrary to the standard set forth in this chapter. If the council determines that the decision was not supported by the preponderance of the evidence and/or that the decision or proceeding was arbitrary, capricious, unfair or contrary to the standard set forth in this chapter, then the council may grant the appeal on terms and conditions as it deems just to achieve the purposes of this chapter. The decision of the council shall be made and mailed to each of the parties within 10 days after the hearing, and its decision shall be final. (Prior code § 6803.11)
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City of Upland,CA
§ 5.68.090 § 5.68.100
§ 5.68.090. Reduction in services provided.
No landlord shall reduce or eliminate any service in a mobilehome park or to any homeowner within any mobilehome park unless and until a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the homeowner in the form of a decrease in rent.
(Prior code § 6803.13)
§ 5.68.100. Increase upon sale or transfer.
A. The owner, operator or manager shall provide the purchaser of a mobilehome that will remain in the park at the time of such purchase with a copy of this chapter prior to the execution of a rental agreement with the purchaser for the space in the park whether the space or the park is subject to this rent review chapter or not. A park owner may charge a rent increase of$34.00 per month or seven percent of the rent in effect at the time of transfer,whichever is the greater, over the last monthly rental rate charged for a space,when ownership or occupancy of a mobilehome in the park is transferred,provided that:
1. Transfer of ownership or occupancy for purposes of this chapter shall not include transfers to the conservator, guardian or trustee of a homeowner, transfers to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowner's immediate family), transfers to a surviving spouse upon the death of the other spouse, interspousal transfers, or a transfer to the parent(s) or children of a homeowner.
2. Removal of a mobilehome from a park for purposes of this chapter shall not include removal of a mobilehome by a homeowner already residing in a park for the purpose of replacing a mobilehome with a new or different mobilehome.
3. After the increase provided in subsection A of this section has been charged, the rent for that space shall thereafter be subject to regulation under all the provisions of this chapter and no rent increases may be charged, collected or retained except as provided in this chapter. For the purposes of annual increase provided in Section 5.68.040, no such increase may be charged until 12 months after the increase permitted by this subsection.
4. A homeowner who intends to put a mobilehome up for sale may request a written statement from the park owner specifying the rent which will be charged the new homeowner. The park owner shall provide that statement to the homeowner within 15 days of the request, which shall be deemed received by the park owner upon the date of personal delivery to the park manager or owner or the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The statement from the park shall be deemed received by the homeowner upon the date of personal delivery to the homeowner or upon the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The park owner shall not impose any Downloaded from https://ecode360.com/301647/UP5026 on 2026-05-04
City of Upland,CA
§ 5.68.100 § 5.68.110
rent higher than that set forth in that statement to a new homeowner for 120 days after the date it is provided to the homeowner. If the homeowner has not sold the mobilehome before the commitment in that statement expires, the homeowner shall have the right to obtain subsequent written statements pursuant to this subsection.
B. No upward adjustment of rents shall be authorized by reason of increased interest or the expense resulting from the mobilehome park owner refinancing the mobilehome park if at the time owner refinanced, the owner could reasonably have foreseen that such increased expenses could not be covered by the rent schedule in existence except where such refinancing is reasonable, is needed for the owner to make capital improvements, or where such refinancing is required under the terms of the existing loan or mortgage. A park owner may negotiate with his or her association for a passthrough for capital costs. If agreement cannot be reached, request to the city clerk for arbitration is allowed.
C. No upward adjustment of rents shall be authorized because of the owner's increased or other expenses resulting from a sale of the park, if at the time the owner acquired the park, the owner could have reasonably foreseen that such increased expenses would not be covered by the rent schedule then in effect. This section shall apply only to mobilehome parks acquired after the date of adoption of the ordinance codified in this chapter.
(Prior code § 6803.15)
§ 5.68.110. Violation.
A. Any party aggrieved by the wilful violation of any of the provisions of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any park owner or his or her agent who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the homeowner from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of$500.00 or three times the amount by which the payment so demanded, accepted,received or retained exceeds the maximum lawful space rent, whichever is greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorneys' fees, and costs as determined by the court.
B. The fact of any wilful violation of this chapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent.
C. Any wilful violation of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation.
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City of Upland,CA
§ 5.68.110 § 5.68.120
(Prior code § 6803.17; Ord. 1812 § 1, 2006)
§ 5.68.120. Termination.
The provisions of this chapter will continue in effect and shall be valid and binding upon all parties affected thereby until these provisions are amended or revoked by a legislative enactment of the city council of the city.
(Prior code § 6803.19)
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