HomeMy WebLinkAbout1993-10-26; City Council; NS-262; Urgency Ord - Mobilehome parks rental increases limits....* ll 0
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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
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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
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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
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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
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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
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1 WHEREAS, this ordinance will not apply to new tenants w
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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
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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
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California does ordain as follows:
approved by the City Manager. *nQ 15
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recently expired lease, whichever is greater, as determined oug iUU
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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
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02 J". 16 2. A mobilehome park owner or landlord may apply fc
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>2% 17 50 rental increase exceeding the applicable consumer price i~
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provided first the owner or lessor applies to the City Manager
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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.
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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.
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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.
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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
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ATTEST:
ALETHA Li!lkd&dp& L. RAUTENKRANZ, City @lerk
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