HomeMy WebLinkAbout1984-03-13; City Council; 7673; Amicus BriefB
MTG. 3/13/84
DEPT.- CA
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SUPPORT FOR WESTMINSTER ORDINANCE REQUIR-
ING ARBITR7,TION OF lIOBILE HOkE PARK RENTS
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CIT-F CARLSBAD - AGENDA!!~LL
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CITY Am@&
CITY MGRL
RECOMMENDED ACTION:
If the City Council wishes to support the City of Westminster mobile home park rent arbitration ordinance your action is to
direct the City Attorney to petition the court for permission to join in a friend of the court brief.
ITEM EXPLANATION:
The City of Westminster has developed an ordinance requiring the arbitration of rent disputes in its mobile home parks. The ordinance has been challenged and the case is now pending in the 4th Cistrict Court of Appeal. The City of Westminster has asked us to join the cities of Los Angeles and Santa
Monica as amici in support of Westminster. A letter from their city attorney explaining the matter is attached.
pation would be at no cost to the City.
Our partici-
FISCAL IMPACT :
None
EXHIBIT --
Letter from City of Westminster City Attorney
LAW Or FlC ES
PAUL H. MORGAN
660 NEWORT CENTER DRIVE
SUITE 295
NEWORT BEACH, CALIFORNIA 92660
TELEPHONLS 17141 644 5421
(714) 644 5423
February 27, 1984
Vincent F. Biondo, Jr., Esq. City Attorney 1200 Elm Avenue
Carlsbad, California 92008
Re :
Dear
Westminster Mobile Home Park Owner's Associat.ion,
etc., et al. v. City of Westminster, et al. 4th Civil No. 30081
Mr. Biondo:
This mobile home rent control challenge is now before
the Fourth Appellate District. are being considered that could affect all rent regulation
ordinances adopted by cities and counties.
1. Whether the net operating income approach uszd by Westminster and others may be used by a board, commission or
hearing officer, or whether the landlord is entitled to a return on the current market value of the property. (See Gregory v. San Juan Capistrano, 142 Cal.App.3d 72, 86, and Cotati Alliance For Better Housing v. City of Cotati, 148 Cal.App.3d 280.)
Three important questions
2. Whether the arbitration approach is a viable means of insuring a just and reasonable return pursuant to Birkenf eld.
3. Whether the substantial evidence rule should apply (as urged by the City), or whether the independent judgment rule is to be used in a court review of an administrative
decision in the rent control context.
The cities of Los Angeles and Santa Monica have filed as amici in support of Westminster. We would appreciate it if you could lend your name to either one of these two
m
Vincent F. Biondo, Jr., Esq. February 27, 1984 Page Two
briefs. A copy of a sample petition for this purpose is
enclosed. Time is important.
Thank you for your consideration.
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PHMhP Enclosure
cc: Mrs. Carlyn Galway