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HomeMy WebLinkAbout1993-10-26; City Council; NS-262; Urgency Ord - Mobilehome parks rental increases limits....* ll 0 I 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. NS-262 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SETTING LIMITS ON RENTAL INCREASES IN MOBILEHOME PARKS WHEREAS, the City has received petitions and requests investigation into the feasibility of mobilehome rent cont legislation; and WHEREAS, various mobilehome park tenants have allege need for protection from excessive rents: and WHEREAS, tenants have alleged a breakdown in the mar 1 place leading to monopolistic practices leading to ter exploitation and excessive rents; and WHEREAS, the City Council has held a number of spec ~ am 2Zr.h a08 $04": 29s 13 WHEREAS, the City Council held a Special meeting at zww~ heard arguments both pro and Con as to the wkdom and &sirabi1 0Lug 14 meetings at the City's mobilehome parks and received evidence 3LLU cr't5c tJZ 0 15 of mobilehome rent control legislation; and $Sz6 16 !33ig FS >'% 17 60 QOJ Lanikai Lane Mobilehome Park on July 19 1993 in order to caref' 18 consider these allegations and the relative Positions Of 19 20 21 22 23 24 25 26 27 landlord and mobilehome tenants; and WHEREAS, the City Council held a special meeting at Rancho Carlsbad Mobilehome Park on August 4, 1993 to fur consider the allegations of mobilehome park tenants as out1 above and heard arguments and received evidence and testi regarding this issue; and WHEREAS, the City Council held a special meeting at Lakeshore Gardens Mobilehome Park on August 16, 1993 in orde further study the issue and receive further evidence, testimon] 28 arguments; and k 90, mw? <CIS 0wg 2055 >'$ $3& JLU dt-5 OZJ - zwoo UU%O ao' 2;s: 000, E:? >2% 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 WHEREAS, the City Council held a special meeting at t City Council Chambers on Friday, October 1, 1993 commencing at 6: p.m. in order to hear testimony from both mobilehome park resider and owners and other interested parties, and to receive staf: recommendation as to whether or not to proceed with a mobilehc park fair market rent study (ttstudy'l) , to develop a mobilehome rl control ordinance and administrative program, to establish mobilehome rent control fund and transfer $60,000 into that f from the 1993-94 general fund reserves, and to direct staff whet1 or not to return to the City Council with the results of ' mobilehome park fair market rent study; and WHEREAS, the City Council directed the staff to proc with a mobilehome park fair market rent study, to develor mobilehome rent control ordinance and administrative program, to establish a mobilehome rent control fund and transfer $60, into that fund from the 1993-94 general fund reserves; and WHEREAS, staff has estimated the results of such a st will not be available for at least six to eight weeks; and WHEREAS, a .mobilehome park landlord has stated that has no alternative but to protect its own interests and wi therefore, in the near future, take steps to raise its rents fair market value; and WHEREAS, the City has not determined what the fair mal value is: and i WHEREAS, the City Council wishes to preserve the rela. bargaining power of the parties and to preserve the status quo a reasonable time in order to complete the study and 1 appropriate action on it: and 2 ,* 0 0 t 1 WHEREAS, this ordinance will not apply to new tenants w 2 in any mobilehome park: and 3 enter leases or rental agreements in excess of twelve (12) mont 4 WHEREAS, the City Council received testimony that sc 5 9 not be able to afford the basic necessities of life, 8 leave them in a more financially precarious position and they : 7 basic necessities of life and that further rental increases WOI 6 mobilehome park tenants are low income tenants who cannot affc NOW, THEREFORE, the City Council of the City of Carlsb 1o 11 California does ordain as follows: approved by the City Manager. *nQ 15 >3z cftsa recently expired lease, whichever is greater, as determined oug iUU an8 the applicable consumer price index or applicable index in the x 22~ 13 in any mobilehome park shall be allowed except in accordance F; 12 1. No rental increase to an existing individual ten n &g sea< 14 :;$z aggq zuv) 02 J". 16 2. A mobilehome park owner or landlord may apply fc 4011 La% >2% 17 50 rental increase exceeding the applicable consumer price i~ 18 19 provided first the owner or lessor applies to the City Manager 24 23 just and reasonable return on his investment, or that there 22 demonstrating that the landlord or owner has been deprived t 21 shall be based on either financial hardship or evid 20 approval of such increase and provided further that such incr threatening insolvency. 25 26 27 been extraordinary expenses after the adoption of this ordir 3. The decision of the City Manager may be appeal€ the City Council which shall hold a public hearing fc determination on the appeal. The decision of the City COI- 28 shall be final. 3 II (.. y- 1 2 3 4 5 6 7 8 9 10 11 0 swg Yr- cum lou% 408 so<< Irtsc >i2 ooa? $,'si ZwmQ 02-10 KU%0 c22 lkC.3 E:; 40-1 Go 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 e 4, This ordinance shall not apply to leases or re agreements in excess of twelve (12) months duration. EFFECTIVE DATE: This ordinance is an urgency ordin and effective immediately. It shall remain in effect only u i the effective date of Ordinance No. NS-263 introd simultaneously herewith based on the findings and reasons set f in the recitals above and upon the express finding that the Council determines that unless rental increases are controlle set forth above there will be increased rental rates prior tc completion of the mobilehome park fair market rent study rende its conclusions and recommendations ineffective as to those ten adversely affected and that the status quo will be seric disrupted and the likelihood of disruptions in the mobilehome rental market. I PASSED, APPROVED AND ADOPTED as an urgency measure regular meeting of the City Council of the City of Carlsbad or 26th day of OCTOBER , 1993, by the following vote, to wit AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin] NOES: None ABSENT E None AP VED AS TO FORM AND LEGALITY RONALD O-DL R. BALL, City Attorney +7/9 3 ; ATTEST: ALETHA Li!lkd&dp& L. RAUTENKRANZ, City @lerk 4