HomeMy WebLinkAbout1980-10-28; City Council; 9565; Mobile home spaces rental increase moratorium (2 months)1
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ORDINANCE NO. 9565
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
DECLARING A MORATORIUM ON RENTAL INCREASES
ON MOBILE HOME SPACES WITHIN THE CITY OF
CARLSBAD FOR A PERIOD OF TWO MONTHS BEGINNING OCTOBFR 78, 1Q-
The City Council of the City of Carlsbad, California hereby
finds and determines as follows:
1. In recent months there has been an increase in concern
on the part of public officials and citizens of Carlsbad regarding
the existence of a housing shortage and exorbitant rent increases
in residential rental housing in this city.
2. The problem is especially acute in mobile home housing.
3. Mobile home housing forms a substantial proportion
of the housing in the the City.
4. There is a critically low vacancy rate in mobile home
housing of less than .2 % and there are rising exorbitant rents
exploiting this situation.
5. Mobile home tenants are being exploited by significant
rent increases because of the relatively permanent nature of
their homes, the high cost of relocation and the difficulty
of finding an alternative space make it almost impossible to
move.
6. This condition is having a detrimental effect on the
lives of a substantial number of citizens of the City, many of
whom are senior citizens who live on fixed incomes and spend
a substantial portion of their income on rent and is endangering
the health and welfare of such persons, especially creating
hardships on senior citizens and persons on fixed incomes.
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7, The City Council intends to appoint a committee to
report on the desirability and feasibility of measures designed
to address this problem,
8. The existing conditions have led mobile home park
residents to petition this Council for help and assistance so
that the action of park owners will not lead to the displacement
of a large number of residents.
9. Efforts by the City to obtain voluntary cooperation by
park owners to moderate pending rent increases have failed.
10. There is an urgent necessity to temporarily stabilize
rents and establish tenants’ rights so tenants are not arbitrarily
forced to move.
NOW, THEREFORE, the City Council of the City of Carlsbad,
California, does hereby ordain as follows:
SECTION 1: Purpose. Pending further study of the develop-
ment and adoption of measures to address the problems created
by the present shortage of mobile home space, it is necessary
to place a temporary moratorium on rent increases for a
two month period beginning October 28, 1980 on residential
mobile home spaces within the City of Carlsbad.
SECTION 2: Definitions.
a. Park services: Services connected with the use or
occupancy of the rental space in a mobile home park including,
but not limited to, exterior repairs and maintenance, provision
of utilities, provision and maintenance of common recreational
areas, laundry facilities and other privileges, refuse removal,
parking and any other benefits, privileges or facilities.
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b. Landlord: An owner, lessor, sub-lessor, including any
person, firm, corporation, partnership or other entity entitled
to receive rent for the use of any mobile home park rental space
or the agent, representative, or successor of any of the fore-
going.
c. Moratorium: The period of time beginning on the
effective date of this ordinance and continuing for arperiod of
two months until December 28, 1980 , or until such time as
the City Council establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first.
d. Rent: - The consideration, including any bonus, benefits,
or gratuities demanded or received for or in connection with the
use or occupancy of a rental unit or the transfer of a lease of
such a unit, including but not limited to money demanded or paid
for parking, for park services of any kind, for subletting or
for security deposit of any kind.
e. Rental Units: All mobile home park spaces in the City
of Carlsbad designed for rental use or actually rented on the
effective date of this ordinance together with the land and
buildings appurtenant thereto and all services, privileges and
facilities supplied in connection with the use and occupancy
thereof, including parking facilities. The term shall not
include mobile home spaces in any mobile home park in which, on
the effective date of this ordinance, rents are regulated by long
term leases.
f. Tenant: A tenant, lessee, sub-lessee or any other
person entitled to the use or occupancy of any rental unit.
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SECTION 3: Rental Increase Moratorium.
a. Beginning on the effective date of this ordinance and
continuing for a period of two months or until such time as the
City Council establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first, rents shall not be
increased except as provided in subsection b(3) below.
b. During the moratorium period, the maximum rent for a
rental unit in a mobile home park in the City of Carlsbad shall
be the following:
(1) For a rental unit which was rented as of the
effective date of this ordinance, and continued to be rented
thereafter to one or more of the same persons, the rent shall
not exceed that in effect on such date. The level of park
services provided to the rental unit on that date shall not be
reduced during the moratorium period.
(2) For a rental unit which was not rented as of the
effective date of this ordinance, but was subsequently rented
and continued to be rented to one or more of the same persons,
the rent shall not exceed that in effect on the date of subsequent
rental for as long as such unit continues to be rented to one
or more of the same persons. The level of park services
provided to the rental unit on the date of rental shall not be
reduced during the moratorium period.
(3) For a rental unit voluntarily vacated on or after
the effective date of this ordinance, and prior to the end of
the moratorium period, if the vacancy was voluntary, then the rent
may be increased upon the re-renting of the rental unit.
vacancy shall not be considered voluntary if it was the result
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of an eviction whether for just cause or otherwise or a landlord's
refusal to renew a periodic tenancy or lease agreement or a
landlord's declaration by notice or otherwise of an intent to
change the use of the land on which the mobile home park is
situated or of a tenant's refusal to enter into a new long term
lease. So long as such unit continues to be rented to one or more
of the same persons, such rent shall not exceed that in effect on
the date the rental unit is re-rented nor shall the level of park
services provided on that re-rental date be reduced during the
moratorium period.
(4) For rental units vacated other than voluntarily
after the effective date of this ordinance, the rent for such
rental units shall not thereafter exceed the rent in effect
immediately prior to such involuntary vacation unless the unit
is subsequently voluntarily vacated. The level of park services
provided prior to such involuntary vacation shall not be reduced
during the moratorium period,
SECTION 4: Evictions. No landlord shall bring any action
to recover possession of a rental unit subject to the provisions
of this ordinance, unless:
a. The tenant has violated an obligation or covenant
of her or his tenancy other than the obligation to surrender
possession upon proper notice and has failed to cure such
violation after having received written notice thereof from the
landlord.
b. The tenant is committing or permitting to exist a
nuisance in, or is causing substantial damage to, the rental unit,
or is creating a Substantial interference with the comfort, safety
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or enjoyment of the landlord or other occupants of the same.
c. The tenant, who had a rental housing agreement which
has terminated, has refused after written request or demand by the
landlord, to execute a written extension or renewal thereof for
a further term of like duration and in such terms as are not
consistent with or violative of any provisions of this ordinance
and are materially the same as in the previous agreement.
e. The tenant has refused the landlord reasonable access
to the rental unit, for the purpose of making necessary repairs
or improvement required by the laws of the United States, the
State of California or any subdivision thereof, or for the purpose
of inspection as pemitted or required by the rental housing
agreement or by law or for the purpose of showing the rental
unit.
f. The tenant holding at the end of the term is a sub-
tenant not approved by the landlord.
SECTION 5: Refusal of the tenant to pay a rent increase.
A tenant may refuse to pay any increase in rent which is in
violation of this ordinance and such violation shall be a defense
in any action brought to recover possession of a rental unit or
to collect the illegally charged rent increase.
SECTION 7: Civil remedies. Any landlord who demands,
accepts, receives, or retains any payment of rent in excess
of the maximum lawful rent, in violation of the provisions
of this ordinance, shall be liable as hereinafter provided to
the tenant from whom such payment is demanded, accepted, received
or retained, for reasonable attorney's fees and costs as
determined by the court, plus damages in the amount of two
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hundred dollars or not more than three times the amount by
which the payment or payments demanded, accepted, received or
retained, whichever is the greater.
SECTION 7: Nonwaiverability. Any provision, whether oral
or written, in or pertaining to a rental agreement whereby
any provision of this ordinance for the benefit of a tenant is
waived, shall be deemed to be against public policy and shall
be void.
SECTION 8: Severability. If any provision or clause of
this ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application and to this end the provisions
and clauses of this ordinance are declared to be severable.
SECTION 9: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the
public health, safety and welfare and shall take effect
immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a serious threat
to the maintenance of the existing mobile home park rental
housing supply within the City with respect to all economic
segments of the community and especially to senior citizens,
persons of low and moderate incomes and to those on fixed
incomes and are contrary to the goals and objectives of the
housing element of the general plan of the City of Carlsbad.
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SECTION 10: The City Clerk shall certify to the adoption
of this ordinance and shall cause a copy hereof to be published
as required by law. adjourned
INTRODUCED, PASSED AND ADOPTED at a/regular meeting of the
City Council of the City of Carlsbad, California held on the
28th day of October , 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Lewis and Kulchin
NOES: Council Member Anear
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
2" R,,L
ALETHA L. RAUTENKRANZ, City Clerk
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