HomeMy WebLinkAbout1994-05-17; City Council; 12714; Modilehome park rent control ordinance draftc*
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Clpi OF CARLSBAD - AGEW BILL c-- r AB # - TITLE: DRAFT MOBILEHOME p- RENT CONTROL DEPl
MTG. 5/17/94 CITY ORDINANCE
DEPT. CA CITY
RECOMMENDED ACTION:
Review and receive comments on the draft mobilehome pi control ordinance and direct the City Attorney to return
appropriate documents and ordinance for introduction. 1 ITEM EXPLANATION
The City Council has conducted numerous workshops and held on the necessity and desirability of regulating rents in tk: mobilehome parks. It has also authorized a fair market re entitled the "Mobile Home Park Rental Study by Keyser Associates, Inc. 1I and has considered its conclusil recommendations on this issue. After gathering facts pertz this issue, hearing arguments and receiving evidence, .
Council approved a mobilehome rent control program in co its meeting of May 3, 1994 and directed the City Attorney t with a draft ordinance (Exhibit IlAll) for consideratio recommended ordinance is attached which accomplishes the f things :
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4 The .ordinance is applicable to all rental mobileho located within the City. However, it provides a n allowing park tenants to exclude the park from the orc operation. The petition must be signed by a majorit] residents within 60 days after the effective date ordinance.
4 The ordinance requires all mobilehome park owners to and to pay a fee to cover the administrative costs as with the administration of the ordinance.
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4 The ordinance provides that the Council will estah base rent for each mobilehome park subject to the 01 At its hearing of May 3 , 1994, the Council determi
Marston study for Lanikai Lane and Rancho Car: accordance with Exhibit rfB1f.
this would be consistent with the low range of th
4 The park owner will annually receive an automatic in(
75 percent of the CPI with a maximum increase of 8
The increase will not be effective if the park own violation of any provision of the ordinance or if t has failed to respond to a notice of correction issuc City, state or a federal government agency which rc the health, safety or welfare of the residents.
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Supreme Court has determined that this is a const: 3
4 The park owner may appeal the space rent establish€
officer appointed by the City Manager and the cost pa
i formula in the ordinance if the owner believes that does not represent a fair and reasonable return. !I
requirement. The appeal will be submitted to a
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the party requesting the appeal. The decision of the f officer can only be reviewed by a court. There provision for appeals to the City Council. A major tenants may appeal the space rent if the park owner redl eliminates services without a corresponding adjustm rent e
4 Under the California Mobilehome Residency Law a tenant 1 be charged a fee for other than rent, utilities and inc: reasonable charges for services actually rendered. f
expenditures may not be passed-through to tenants exc agreement. A park owner may apply for a rental increasl upon capital expenditures not shared by tenants.
FISCAL IMPACT
Administration:
control ordinance are largely dependent upon the amount 0: time required to administer the program, including the process. Where possible, program costs will be recovered fr paid by the mobilehome park owners and tenants.
Costs to administer the rent control program have been estim
$52,600. This estimate should be considered as a "best ca includes both routine and non-routine tasks. Routine include: annual registration, collection of fees, and rev. approval of annual adjustments. Non-routine tasks include adjustment appeals, verification of petitions, n requirements, dispute resolution, and associated maintenal operating costs.
Annual Adjustment Ameals (Hearing) : In addition to City staff time required to monitor adjustment appeals, the ordinance provides for appointmer
Hearing Officer to preside over the appeal process. Si recommending that the direct cost of the appeal process b
entirely by the party initiating the appeal.
Individuals or groups who appeal the annual adjustment I required to pay a nominal application filing fee and a deposit. The deposit will be used to fund the cost of the
As initial funds are depleted, the applicant will be requ deposit additional funds to cover any remaining costs.
Petition for Exclusion/Inclusion: Lakeshore Gardens Mobilehome Park has indicated their desir excluded from the provisions of any rent control ordinanc may be adopted. If at some point in the future residc Lakeshore Gardens wish to be eligible for inclusion in
control program, the Fair Market Rent Study may need to be accordingly. The original study which included Rancho Carl5
preparing a new study for Lakeshore Gardens would re: additional costs.
Annual costs associated with implementation of a mandatc
Lanikai Lane cost approximately $15,000 a Expanding the s
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Voter Initiative/Referendum:
Owners have indicated they would petition for a referendum initiative, if the City Council adopts a rent control ordi If owners were successful with a referendum petition, th Council would have the option of repealing the ordinance placing the issue on the ballot. If the issue were placed November 1994 ballot, the cost to the City is estimated at 3
If the issue were placed on a ballot at a special electic cost to the City is estimated at $125,000.
Lesal Defense of A Mandated Rent Control Ordinance:
If the proposed ordinance is adopted, it is probable ‘th
validity of the ordinance, in whole or in part, will be COI
by one or more lawsuits brought against the City. It is impc to predict the total costs which could be incurred by the ( defending a rent control ordinance. However, recent experil other jurisdictions would indicate the potential liability City at somewhere between $50,000 and $1 million.
ENVIRONMENTAL REVIEW
The proposed ordinance is undergoing environmental review l appropriate environmental documents will be presented to ( for approval along with the formal introduction of the ord
The Council will also need to adopt resolutions specifyinc
costs and procedures in order to implement the ordinance. T Manager may adopt administrative guidelines to carry c purpose and intent of the ordinance thereby reducing the co role in the routine administration of the ordinance.
EXHIBITS
A - Draft Ordinance
B - Lanikai Lane Rent Schedule
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITJ CARLSBAD, CALIFORNIA, AMENDING TITLE 5 OF THE CARL
MOBILEHOME PARK SPACE RENT.
WHEREAS, the City has received petitions and requ
MUNICIPAL CODE, BY ADDING CHAPTER 5 @ 26 TO REGU
for mobilehome rent control legislation; and
WHEREAS, the City Council has held a number of spe
meetings at the City’s mobilehome parks and received evid
and heard arguments both pro and con as to the wisdom
desirability of mobilehome rent control legislation; and
WHEREAS, the City Council held a special meetin
1 the Lanikai Lane Mobilehome Park on July 19, 1993 in orde I 12 Sm 395 carefully consider the relative positions of the park ownel
&zm the tenants ; and an8 l3
JOW2 JUO 14 2044 >JZ WHEREAS, the City Council held special meetings ai Uk’E 9 ODlL < 4- 15
““$1. 0 Lakeshore Gardens Mobilehome Park on August 16, 1993 in ordt E:; zq 17
a>a$ Rancho Carlsbad Mobilehome Park on August 4, 1993 and at
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60 further study the issue and receive evidence, testimony
arguments; and 18
19 WHEREAS, the City Council held a special meetiX
the city Council Chambers on Friday, October 1, 1993 and 1 20
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testimony from mobilehome park tenants and owners and (
interested parties, on the necessity and desirabilit:
mobilehome rent control legislation; and
WHEREAS, mobilehome ownership is an economically
accessible form of home ownership, particularly to indivic
on fixed incomes, and offers substantial benefits to
27 // community in the form of moderate cost housing; and
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- 1 WHEREAS, there is a shortage of mobilehome park SP
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and 3
in the City of Carlsbad resulting in a low space Vacancy r
4 WHEREAS, it is difficult to find sites for reloca
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and other requirements relating to reinstallation 7
the age, size and style of mobilehomes enforced by many pa 6
of mobilehomes due to the shortage of spaces, restriction
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mobilehomes; and
WHEREAS, the cast for moving a mobilehome
substantial, with a significant risk of damage; and
WHEREAS, these market conditions have contributec
or threaten to contribute to, escalating rental rates; and
WHEREAS, a captive market of mobilehome park ter
has been created producing an inequitable imbalance in
bargaining position of the park owner and the tenants; anc
WHEREAS, mobilehome park tenants have plact
substantial investment in their mobilehomes and appurtenar
and
WHEREAS, above-market space rents and the threz
escalating rents diminishes the value of the ten;
investments in their mobilehomes; and
WHEREAS, state law permits mobilehome park ownei
require tenants to improve their homes and such improve]
accrue to the benefit of the park owner by increasing the mi
value of the park itself; and
WHEREAS, the City Council wishes to remedy
inequitable situation and protect the rights of tenant
mobilehome parks by regulating the amount of space rent ’
mobilpk/ord/kjh/rev. 5/11/94 2
I/ 0 0 ll - 1 can be charged by mobilehome park owners in a manner whic
2 fair and equitable to both tenants and owners; and
3 WHEREAS, the City Council finds that the adoptio
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adverse effect on the environment; and 5
this ordinance would not have a significant, substantia.
WHEREAS, after reviewing and considering the evid
7 and testimony presented, the City Council finds and decl
8 that it is necessary, and in the public interest, to prc
9 mobilehome owners from unreasonable space rent increases ar
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owners to obtain a fair and reasonable return, 11
assessments, and at the same time, to permit mobilehome
12 NOW, THEREFORE, the City Council of the Cit]
om
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Carlsbad, California, does ordain as follows:
SECTION I: That Title 5 of the Carlsbad Munic
Code is hereby amended to add Chapter 5.26 to read as fol:
"CHAPTER 5.2 6
Section 5.26.010 Section 5.26.020 Section 5.26.030 Section 5.26.040 Section 5.26.050 Section 5.26.060 Section 5.26.070 Section 5.26.080
Section 5.26.090 Section 5.26.100 Section 5.26.110 Section 5.26.120 Section 5.26.130
Section 5.26.150 Section 5.26.160
Section 5-26.140
Title Purpose and intent Definitions Applicability Petition for exclusion Registration Base rent Annual adjustments to base rent Appeal of base rent Allowable pass-throughs Duty to maintain Capital expenditures Sale or transfer of mobilehomes
Notification to prospective tenant Retaliation Administrative guidelines.
5.26.010 Title. This chapter shall be known as the IIMobilehome Rent Control 0rdinance.I'
5.26.020 Purpose and Intent. The purpose and intent of this chapter is to pr
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the rights of tenants in mobilehome parks by regulating amount of rent which can be charged by mobilehome park owner a manner which is fair and equitable to both tenants and own
5.26.030 Definitions, The following definitions apply for purposes of chapter: (a) "Consumer Price Index" - the San Diego Co Consumer Price Index (All Items - Urban Consumers, 1984 = 1
(b) "Mobilehomer1 - a mobilehome is a structurc defined in California Civil Code section 798.3. (c) "Mobilehome park" or llparklt - an area of where two or more mobilehome sites are rented, or held out rent, to accommodate mobilehomes used for human habitation
within a mobilehome park which can accommodate the locat maintenance and human habitation of a mobilehome.
(e) "Mobilehome park owner" or Itpark ownert1 -
owner of a mobilehome park or an agent or representz authorized to act on behalf of the owner in connection matters relating to tenancy of a mobilehome park space.
(d) glMobilehome park space" or '!space1g - a
(f) '!New construction" - any newly constructed SI
(9) "Space Rent" - total consideration authorizt
initially held out for rent after January 1, 1990.
this chapter to be received by a park owner for occupancy space and services and amenities of a park. (h) "Tenantll - person who has a tenancy : mobilehome park under a rental agreement, with the t I1tenancyv1 and "rental agreement" as defined in Civil sections 798.8 and 798.12.
5.26.040 Armlicabilitv. The provisions of this chapter shall apply to mobilehome parks within the City of Carlsbad and to
1 mobilehome park space within such parks except as providc this chapter, except new construction and spaces exprc
exempted from this chapter by Civil Code section 798.17 other express provisions of state or federal law. SI exempted by Civil Code section 798.17 shall automatically bl subject to all provisions of the chapter upon expiratic
termination of the written lease agreement.
5.26.050 Petition for Exclusion. (a) A mobilehome park may be excluded fron provisions of this chapter if a Petition for Exclusion is with the city clerk within 60 days after the effective da this ordinance.
signatures of a majority of the tenants in the park, with space entitled to one signature counting toward the majo
Spaces exempted under Civil Code section 798.17 shall be co for purposes of determining a majority, and tenants residi those spaces shall be entitled to sign the peti notwithstanding the exemption from the other requiremen. this chapter stated in section 5.26.040. The petition
(b) The Petition for Exclusion shall co
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also contain statements for exclusion from the provision:
this chapter, such as a written agreement between the ten'
and the park owner which satisfies the purpose and inteni
this chapter.
(c) The clerk shall verify the signatures and mobilehome park will be excluded from the provisions of
chapter, with the exception of the initial registra requirements contained in sections 5.26.060(a) and (b).
has been excluded and it is appropriate to apply the provis of this chapter to be applied to the excluded park, the ten
may petition for reinclusion between January 1 and March
each year provided a petition meeting the requirement:
subdivision (b) is filed with the city clerk, and prov
further that petition shall contain statements for inclu
within the provisions of this chapter. The City Council approve, deny or condition the petition so that inclusion oj park is consistent with the purpose and intent of this chapt
(d) If there are changed circumstances after a
5.26.060 Reqistration.
(a) Initial Registration. Within 60 days after
effective date of this chapter, all mobilehome park owners s
register the park in the manner required by this section. (b) Registration shall include:
1) the name, business address and teler
number of the mobilehome park owner and the address to whi official notices shall be sent if different from the busi address;
2) the name, business address and teler
number of all other persons or legal entities possessin
ownership interest in the park and the nature of such inter6
3) the total number of spaces in the park an(
4) a list of the rent charged for each SI including spaces which are exempt pursuant to section 8.25. I
5) a list of all other charges, wit
description of the amount and purpose of each charge, inclt expiration dates if applicable; and
6) any other information deemed necessary by Council resolution for the implementation and enforcemer this chapter,
7) a list of all services and amenities pro to park tenants. (c) Annual Registration. Each mobilehome park q
shall update the registration information by April 1 of
year D
(d) Registration Fee. The mobilehome park 1
shall pay a registration fee to fully cover the administr,
costs for the implementation and enforcement of this cha: The registration fee shall be established by resolutior
adjusted annually on July 1 of every year. The fee sha: paid by the end of each month thereafter. Registration fee
paid by the 10th day of the month following their due date
be delinquent and subject to penalties and interest accordi
Chapter 3.12 of this code.
number of such spaces which are occupied;
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(e) Pass-through of Registration Fees. Registra. fees shall be equally paid by the park owner and tenants and
park owner shall be entitled to pass-through the amounts tl paid by the tenants on a monthly basis, but excluding inte: and penalties.
5.26.070 Base Rent, (a) The base rent for each mobilehome park s:
subject to this chapter shall be established by resolutio:
the City Council. The City Council shall make the determina after a review of a fair market rent study applicable to space, and any other relevant information. The base rent s represent the fair market value of the right to occupy the s and use the amenities and services of the park. There shal
a rebuttable presumption that the base rent established by City Council is the fair market rental value of the sp There shall also be a rebuttable presumption that the base represents a fair and reasonable return to the park owner. (b) The mobilehome park owner shall not deman accept space rent for a mobilehome park space in excess of base rent.
5.26.080 Annual Adjustments to Base Rent.
(a) The base rent shall be adjusted annually t
percent of the yearly increase in the Consumer Price Ir
(1984 = loo), except that the annual increase shall be a mir
Such increase shall be effective only if nor
the following events have occurred:
(1) the mobilehome park owner is in violatic any provision of this chapter, including but not limited payment of fees;
(2) conditions exist within the mobilehome which violate provisions of local, state or federal law relz to the health, safety and welfare of the residents, for h the enforcing agency has issued a notice of correctio: similar notice, and such violation has not been corrected, violations must be of a substantial nature, affecting the and enjoyment of the space tenancy, as determined by building official.
(b) The date of the annual adjustment shall 1 July 1 of each year. (c) There shall be a rebuttable presumption tha adjusted base rent represents a fair and reasonable retul
of zero (0) percent and a maximum of eight (8) percent,
the park owner.
5.26.090 Ameal of space rent. (a) Upon the payment of the appropriate applic, fees and deposits, and within 60 days after notice of an a: adjustment to base rent, a mobilehome park owner may appea space rent established by this chapter if the park 1 contends that the space rent does not represent a fail reasonable return. (b) The appeal shall be heard by a hearing of appointed by the City Manager. The filing fees and 1
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associated with filing an appeal shall be initially borne by party requesting the appeal. The costs shall ultimate11
awarded to the prevailing party and paid through adjustm through an increase or decrease in the space rent
appropriate.
(c) The appeal shall be heard within forty-five days after a complete application is accepted by the Manager by a park owner and served on the tenants of affected space. A proof of service shall be included with application. The hearing officer shall select a hearing and notice the parties in writing at least fifteen (15)
prior to the hearing. (d) At the request of the park owner or the tena or on the hearing officer's own motion, the hearing officer issue subpenas in accordance with the provisions of Codc Civil Procedure section 1985 & seq. Service of process s be subject to the provisions of Title 3, Part 4, Chapter the Code of Civil Procedure and such process shall extend tc parts of the state. All witnesses appearing pursuani subpena, other than a park owner or tenant, shall be paid and mileage as prescribed by law for witnesses in civil act
party who made the request for the subpena,
(e) The hearing officer shall receive relc evidence and allow the parties a reasonable opportunity t heard. The hearing officer shall determine whether the I rent represents a fair and reasonable return to the park oh The City Council shall adopt a resolution containing procec for the hearing and guidelines for the decision made by hearing officer. The resolution shall contain a nonexclL list of factors to be used in making the determination. procedures and guidelines shall comply with state and fec constitutional requirements regarding the property rights 0: park owner. The decision of the hearing officer shall k writing and contain references to the guidelines adopted b: City Council. The hearing officer shall keep a complete re of the proceedings and submit it to a reviewing court or
city, if requested, along with copies of all exhibits.
in superior court. The fees and mileage shall be paid bj
(f) The decision of the hearing officer will be
(9) Tenants may use the procedure in this secti petition for a decrease in space rent if the park owner re1 or eliminates services or amenities without adjusting the rent accordingly. An application must be submitted > contains the signatures of a majority of the tenants oj spaces subject to the space rent, with each space entitll one signature counting toward the majority. The applic must also include a proof of service on the park owner written claim signed by at least one tenant specifi describing the allegations against the park owner and the r requested. The proof of service must show at least 30
notice prior to the application submittal. (h) If an appeal is granted, the space re1 determined by the hearing officer will be effective 90 after tenants are notified by the park owner of the incr
notwithstanding the provisions of section 1.20,600 of this 1
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1 Decreases will be effective on the first day of the m
following the decision.
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5.26.100 Allowable pass-throuqhs
A mobilehome park owner may, in addition to the
rent, separately charge a tenant for any fees allowed t
passed through by applicable provisions of the Califc
Mobilehome Residency Law contained in Division 2, Par1
Chapter 2.5 of the Civil Code (Civ.Code S 798 et seq.)
successor statutes. These charges shall not be considere part of the space rent. No other separate charges shal allowed.
5.26.110 Dutv to maintain
The mobilehome park owner has a duty to mair physical improvements in the common facilities of the mobile park in good working order and condition.
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5.26.120 Capital expenditures
Capital expenditures may be made by agreement bet the park owner and a majority of tenants and agreed upon amc added to space rent. Capital improvements may also be mat the park owner and the appropriate capital expenses consic for an increase in space rent as permitted by the procedure!
forth in this chapter.
5.26.130 Sale or transfer of mobilehomes
(a) All of the provisions of this chapter I continue in full force and effect upon sale or transfer mobilehome.
(b) A mobilehome park owner shall not requir coerce purchasers or prospective purchasers of mobilehome sign a lease which exempts them from this chapter under (
Code section 798.17.
5.26.140 Notification to tenants and Drospec tenants The mobilehome park owner shall provide all te~ with a copy of the Mobilehome Park Rent Control Ordinance ] to the time an agreement to pay space rent to the park ownc executed. Proof of notification shall be maintained at the and subject to inspection by the City.
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23 It shall be unlawful for any person to reta.
24 chapter, or registering a complaint relating to enforceme:
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5.26.150 Retaliation
against a tenant for exercising any rights provided by
its provisions.
5.26.160 Administrative quidelines.
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the purposes and intent of this chapter." 27
The City Manager is authorized to adopt
SECTION 2: If this ordinance is declared inval 28
administrative guidelines as are necessary to fully imp1
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effective for any other purpose. 4
ordinance. Until that time, Ordinance No. NS-263 shall no 3
become enforceable and in full force and effect in place of 2
unenforceable for any reason, then Ordinance No. NS-263 s
5 SECTION 3: If any section, subsection, sente
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each section, subsection, sentence, clause, phrase, par’ 11
Council declares that it would have adopted this ordinance 10
validity of the remaining portions of this ordinance. The g
competent jurisdiction, such decision shall not affect 8
reason held to be. invalid or unconstitutional by any cour 7
clause, phrase, part or portion of this ordinance is for
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portion thereof, irrespective of the fact that any one or
sections, subsections, sentences, clauses, phrases,’ parts
portions be declared invalid or unconstitutional,
EFFECTIVE DATE: This ordinance shall be effec
thirty days after its adoption, and the City Clerk shall cer
the adoption of this ordinance and cause it to be publish<
least once in a newspaper of general circulation in the Cil
Carlsbad within fifteen days after its adoption. i
20 INTRODUCED AND FIRST READ at a regular meeting 0:
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and thereafter 22
Carlsbad City Council on the day of I-
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1 PASSED AND ADOPTED at a regular meeting of the
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1994, by the following vote, to wit: 3
Council of the City of Carlsbad on the day of
4 AYES:
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NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
CLAUDE A. LEWIS, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
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mobilpklordlkjhlrev. 5/11/94 10
0 - RENT CONTROL ORDINANCE 0
' - LANlKAl LANE RENT SCHEDULE
SINGLE WIDE SPACE = $400
DOUBLE WIDE SPACE = $425
hanikai Lane base rent includes trash removal. Gas, electric, cable TV, water an1
sewer services are paid by resident.
RANCHO CARLSBAD RENT SCHEDULE
KMA FAIR MARKET RENT RANGE (Lot Premiums) = $600 to $800
1 # MOBILEHOMES 1 Rent as of
Dec 31, 1993
I 44 $645
14
$71 1 27
$677 34
$666 29
$657
$871 29
$835 10
$827 17
$800 93
$783 67
$755 74
$736 45
$726 49
[Total # MH's 502 I
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KMA Adjusted Rent
$606
$61 7
$625
$635
$667
$682
$691
$708
$735
$751
$777
$784
$81 7
1994 @ 75% CPI
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Rental Amount
INCR/(DECR)
($39)
($40)
($41)
($42)
($44)
($44)
($45)
($47)
($48)
($49)
. ($51)
($54)
~ ($50)
NOTE: Proposed KMA rent structure is based upon existing individual lot locatic
premiums.
Rancho Carlsbad base rent includes trash removal, water and sewer services, ar
cable TV. Gas and electric services are paid by resident.
-
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May 17, 1994
TO : Mayor and City Council City Manager City Clerk Community Development Director
Housing and Redevelopment Director Senior Management Analyst Haas
FROM : City Attorney
DRAFT MOBILEHOME RENT ORDINANCE - REDLINED
Attached is a copy of the redlined draft mobilehome rent ordinan and a chart which shows what was 'proposed and how we implement
those proposals. Copies will be made available for tonight
meeting . n LJ+ RONALD R. BALL City Attorney
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0 e DRll
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CARLSBAD, CALIFORNIA, AMENDING TITLE 5 OF THE CARL:
MUNICIPAL CODE, BY ADDING CHAPTER 5.26 TO REGUl
MOBILEHOME PARK SPACE RENT.
WHEREAS, the City has received petitions and requc
for mobilehome rent control legislation; and
WHEREAS, the City Council has held a number of spec
meetings at the City's mobilehome parks and received evidc
and heard arguments both pro and con as to the wisdom
desirability of mobilehome rent control legislation; and
WHEREAS, the City Council held a special meetin5
the Lanikai Lane Mobilehome Park on July 19, 1993 in ordel
carefully consider the relative positions of the park owner
the homeowner; and
WHEREAS, the City Council held special meetings at
Rancho Carlsbad Mobilehome Park on August 4, 1993 and at
Lakeshore Gardens Mobilehome Park on August 16, 1993 in orde
further study the issue and receive evidence, testimony
arguments; and
WHEREAS, the City Council held a special meetin!
the City Council Chambers on Friday, October 1, 1993 and hc
testimony from mobilehome park tenants and owners and 0'
interested parties, on the necessity and desirability
mobilehome rent control legislation: and
...................... ~ ................................. ' .i:.:.i'.:.:.:.: ..............
.................................................................................................... < .............. WHEREAS, mobilehome ownership & ~.~~~~~~~~~~~~~~~~~~
............................................................................................................................
an economically more accessible form of home owners
particularly to individuals on fixed incomes, and offers
mobilpk/ord/?ijh/rev. 5/17/94 1
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substantial benefits to the community in the form of moder
cost housing; and
WHEREAS, there is a shortage of mobilehome park spa
in the City of Carlsbad resulting in a low space vacancy ra
and
WHEREAS, it is difficult to find sites for relocat
of mobilehomes due to the shortage of spaces, restrictions
the age, size and style of mobilehomes enforced by many par
and other requirements relating to reinstallation
mobilehomes; and
WHEREAS, the cost for moving a mobilehome
substantial, with a significant risk of damage; and
WHEREAS, these market conditions have contributed
or threaten to contribute to, escalating rental rates; and
WHEREAS, a ea-pt2-2 market of mobilehome park ten; 1
~ has been created producing an inequitable imbalance in
bargaining position of the park owner and the tenants; and
WHEREAS, mobilehome park tenants have placec
substantial investment in their mobilehomes and appurtenanc
and
WHEREAS, above-market space rents and the threa-
escalating rents diminishes the value of the tena
investments in their mobilehomes: and
WHEREAS, state law permits mobilehome park owner
require tenants to improve their homes and such improvem
accrue to the benefit of the park owner by increasing the ma
value of the park itself: and
mobilpWord/kjh/rev. 5/17/94 2
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WHEREAS, the City Council wishes to remedy t
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fair and equitable to both tenants and owners; and 5
can be charged by mobilehome park owners in a manner whick 4
mobilehome parks by regulating the amount of space rent wl 3
inequitable situation and protect the rights of tenants
WHEREAS, the City Council finds that the adoptiol
7 this ordinance would not have a significant, substantial
8 adverse effect on the environment; and
9 WHEREAS, after reviewing and considering the evidc
10
mobilehome owners from unreasonable space rent increases anc 12
that it is necessary, and in the public interest, to pro- 11
and testimony presented, the City Council finds and dedi
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assessments, and at the same time, to permit mobilehome ]
owners to obtain a fair and reasonable return.
NOW, THEREFORE, the City Council of the City
Carlsbad, California, does ordain as follows:
SECTION 1: That Title 5 of the Carlsbad Munic
1 Code is hereby amended to add Chapter 5.26 to read as foll
l9 I/ "CHAPTER 5.2 6
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Section 5.26.010 Section 5.26.020 Section 5.26.030 Section 5-26.040
Section 5.26.050 Section 5.26.060 Section 5.26.070
Section 5.26.080 Section 5.26.090 Section 5.26.100 Section 5.26.110 Section 5.26.120 Section 5.26.130
Title Purpose and intent Definitions Applicability Petition for exclusion
Registration Base rent
Annual adjustments to base rent
Appeal of base rent Allowable pass-throughs Duty to maintain Capital expenditures
Sale or transfer of mobilehomes
mobilpk/ord/kjh/rev. 5/17194 3
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Section 5.26.160 Retaliation Section 5.26.170 Administrative guidelines.
5.26.010 Title,
This chapter shall be known as the "Mobilehome E
Rent Control 0rdinance.ll
5.26.020 Pumose and Intent.
The purpose and intent ................................................................ of this chapter is to prot the rights of - h&E@)w@g ................................................. in mobilehome parks regulating the amount of re-nt..whrcKcan ............................................. be charged by mobilek
park owners in a manner which is fair and equitable to L ~n+~s .................................................................... f#ja@&-&$@&& and Owners .,.:;.-;.:: ........ : ..... :.: .................................... .................................. ..................................
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5.26.040 Applicability.
The provisions of this chapter shall apply to
mobilehome parks within the City of Carlsbad and to mobilehome park space within such parks except as providec this chapter, except new construction and spaces expre exempted from this chapter by Civil Code section 798.17,
other express provisions of state or federal law. Sp
exempted by Civil Code section 798.17 shall automatically be
subject to all provisions of the chapter upon expiratio] termination of the written lease agreement.
27 ll
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mobilpk/ord/kjh/rev. 5/17/94 4
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28 )I this chapter.
mobilpk/ord/kjh/rev. 5/17/94 5
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7) a list of all services and amenities provi
(c) Annual Reglstration. Each mobilehome park OW shall update the registration information by April 1 of e
year. (d) Registration Fee. The mobilehome park OW
shall pay a registration fee to fully cover the administrat costs for the implementation and enforcement of this ChaPt
The registration fee shall be established by resolution
adjusted annually on July P of every year. The fee shall
paid by the end of each month thereafter. Registration fees paid by the 10th day of the month following their due date St be delinquent and subject to penalties and interest accordin<
Chapter 3.12 of this code. (e) Pass-through of Registration Fees. Registrat
fees shall be equally paid by the park Owner and e hg~g~we~~ and the park owner shall be entitled ..................................................................... to Pass-thrc
basis, but excluding interest and pena~~les':"''~
................ to park - :.:.:.:.:.:.: ~~~.~~~~~. ............................................................ ............................................................. ::
... :.:.:.:.:.:.:.:.:.:.:.:.:.:~:*:~~~.~,:~~
............................................................. ~~ : ......................... :. e amounts to be paid by the - h&$ii~@$j&jf~ on a mont :::*=z$$;*.s.. 1,'. '.:.:f.::.:.:::~.*:~
11 5.26.070 Base Rent. (a) The base rent for each mobilehome park SI
12 subject to this chapter shall be established by resolutior
am the City Council. The City Council shall make the determinal
3W5 yr. 13
represent the fair market value of the right to occupy the SI jtL, 14
space, and any other relevant information. The base rent SI gg after a review of a fair market rent study applicable to
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a rebuttable presumption that the base rent established by
accept space rent for a mobilehome park space in excess of 00
(b) The mobilehome park owner shall not demanc aoJ
represents a fair and reasonable return to the park owner. "E90 There shall also be a rebuttable presumption that the base 1
;ggg City Council is the fair market rental value of the spz s&$$ l5
and use the amenities and services of the park. There shal:
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18 base rent e
19 5.26.080 Annual Adiustments to-Base Rent.
(a) The base rent shall be adjusted annually tc
20 percent of the yearly increase in the Consumer Price In1
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payment of fees: any provision of this chapter, including but not limited 23
the following events have occurred: 22
Such increase shall be effective only if non of zero (0) percent and a maximum of eight (8) percent. 21
(1984 = loo), except that the annual increase shall be a min
(2) conditions exist within the mobilehome
which violate provisions of local, state or federal law rela
25 to the health, safety and welfare of the residents, for w the enforcing agency has issued a notice of correctiol
26 similar notice, and such violation has not been corrected.
violations must be of a substantial nature, affecting the
27 and enjoyment of the space tenancy, as determined by building official.
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(1) the mobilehome park owner is in violatic
*
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(b) The date of the annual adjustment shall be
(c) There shall be a rebuttable presumption that July 1 of each year.
adjusted base rent represents a fair and reasonable return
the park owner.
4 5.26.090 Appeal of space rent.
(a) Upon the payment of the appropriate applicat
5 fees and deposits, and within 60 days after notice of an anr
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reasonable return. 7
space rent established by this chapter if the park oh
(b) The appeal shall be heard by a hearing off j
8 appointed by the City Manager. The filing fees and cc associated with filing an appeal shall be initially borne by
9 party requesting the appeal. The costs shall ultimately
adjustment to base rent, a mobilehome park owner may appeal
contends that the space rent does not represent a fair
awarded to the prevailing party and paid throuyh adjustmc
10 through an increase or decrease in the space rent
appropriate.
days after a complete application is accepted by the (
12 Manager by a park owner and served on the - hGS?~x~gx$
11 (c) The appeal shall be heard within forty-five I
003 each affected space. A proof of service shall be included 1 SUA: Yr 13 the application. The hearing officer shall select a heal
5UU 14 days prior to the hearing.
m>,z (d) At the request of the park owner or the &w
......... i.. ...... ................................
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date and notice the parties in writing at least fifteen ~
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gynB 15 :* .:.:....,:; w ..:.:.:.:.:,:.:.:. :.: .:.:.:.:.:.:.:.:. I @@@$@~@@$ or on the hearing officer's own motion, the heal
a>Sz officer may issue subpenas in accordance with the provision: ZWV)" 0 z -I - 16 Code of Civil Procedure section 1985 et seq. Service of pro( ~u%n shall be subject to the provisions of Title 3, Part 4, Cha]
sod 17 2 of the Code of Civil Procedure and such process shall ex1
.. ..,.. . i,...... . ..... ............. ..........,., . ..,.. ...............in
E:?
zcz - to all parts of the state. All witnesses appearing pursuan 0 18 subpena, other than a park owner or - @g&tfg@~~~, shal:
paid fees and mileage as prescribed by law for witnesses
19 civil actions in superior court. The fees and mileage shal paid by the party who made the request for the subpena.
evidence and allow the parties a reasonable opportunity tc z1 heard. The hearing officer shall determine whether the s: rent represents a fair and reasonable return to the park ow
22 The City Council shall adopt a resolution containing proced for the hearing and guidelines for the decision made by
23 hearing officer. The resolution shall contain a nonexclu list of factors to be used in making the determination.
24 procedures and guidelines shall comply with state and fed constitutional requirements regarding the property rights of
25 park owner. The decision of the hearing officer shall bm
writing and contain references to the guidelines adopted by
26 City Council. The hearing officer shall keep a complete re
of the proceedings and submit it to a reviewing court or
(f) The decision of the hearing officer will be f
28 notwithstanding the provisions of section 1.20.600 of this c
....A ..................................................
:;;,*;,*;;;;; ..............................
20 (e) The hearing officer shall receive rele
27 city, if requested, along with copies of all exhibits,
mobilpk/ord/kjh/rev. 5/17/94 7 11
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................................... (g) - ~~~&$~~~;g may use the procedure in t ....................................... ................. section to petition for a decrease in space rent if the F owner reduces or eliminates services or amenities with adjusting the space rent accordingly. An application must submitted which contains the signatures of a majority of - h~~~~~~~ of the spaces subject to the space rent, u
entitled to one signature counting toward
majority. The application must also include a proof of sen on the park owner of a written claim signed by at least
each sp.a.ce ............... ................................ .v ..........
~ ~~~~~~~, specifically describing the allegations agai the parx ........................... ...................... owner .. ................................ ...and the relief requested. The proof of se~ .......
must show at least 30 days notice prior to the applicat submittal. (h) If an appeal is granted, the space rent determined by .... the hearing officer will be effective 90 c
after -
month following the decision.
~:~~~~~~~~ are notified by the park Owner of increase* Dec.reases.wzl.l be effective on the first day of ... ............................................................. ..........................................................
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5.26.100 Allowable Dass-throuqhs
A mobilehome park owner may, in addition to the 1
to be passed through by applicable provlsions-of the Calif01 Mobilehome Residency Law contained in Division 2, Part Chapter 2.5 of the Civil Code (Civ.Code !j 798 et seq.) successor statutes. These charges shall not be considerec part of the space rent. No other separate charges shall allowed.
rent, separately charge a - ~~~~~~~ for any fees allc
~;~~~~~~~~~-:~*~:~~.~::
5.26.110 Duty to maintain The mobilehome park owner has a duty to main1 physical improvements in the common facilities of the mobile1 park in good working order and condition.
to
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procedures set forth in this chapter. 21
considered for an increase in space rent as permitted by be made by the park owner and the appropriate capital expel 20
upon amounts addedto space rent. Capital improvements may i
the park owner and a majority of mkz h$@%?W$j!?F@ and agrt 19
Capital expenditures may be made ............................. by .................... agreement bet1 5.26.120 Capital expenditures
...;.;. :.:.:.:.; :-.*.:-*
..:.:.: ..... c' ..................................................... ,:.:.
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5.26.130 Sale or transfer of mobilehomes (a)' All of the provisions of this chapter SI continue in full force and effect upon sale or transfer ( mobilehome.
coerce purchasers or prospective purchasers of mobilehome: sign a lease which exempts them from this chapter under C Code section 798.17.
(b) A mobilehome park owner shall not requirt
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5.26. 140 Notification to ~~~~:" ~~~~~~~~~ ......................................... .................. .................................................................. ............................ :x.:.., rOs ective - ~ .................................... ...................................... ;....;. .............. Theowner ........................................................................ .. ...... shall provide all - .. ... .: .: : ...
............. ..; ,.,.; ......................................... ~ .:.:. :(.:(:.:fL .:.:.:.:: :: ::. ......................................................... .:.:,:,:.: ............................................. :.:.:.: ......................................................
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ......... with a copy of
mobilpk/ord/kjh/rev. 5/17/94 8
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7 5.26.160 Retaliation
8
The City Manager is authorized to adopt h 11
this chapter, or .regi..sterLng .:.:.;.:..: ...................................................... a cornplaint relating to enforcen 9
It shall be unlawful for any person to retalj against a - ~~~.~~~~~ for exercising any rights provide( . . . . . . . .._ .
of its provisions.
10 5.26.170 Administrative suidelines.
administrative guidelines as are necessary to fully impler
12 the purposes and intent of this chapter. ''
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SECTION 2: If this ordinance is declared invalic
uug unenforceable for any reason, then Ordinance No. NS-263 SI 14 $045
cftgn:
9 y D 2 15 become enforceable and in full force and effect in place of 1
g$&$- 16 ordinance. Until that time, Ordinance No. NS-263 shall no1
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reason held to be invalid or unconstitutional by any courl 20
clause, phrase, part -or portion of this ordinance is for 19
SECTION 3: If any section, subsection, sentei
competent jurisdiction, such decision shall not affect
22 validity of the remaining portions of this ordinance. The 1
23 Council declares that it would have adopted this ordinance
24 each section, subsection, sentence, clause, phrase, part
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portion thereof, irrespective of the fact that any one or '
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portions be declared invalid or unconstitutional. 27
sections, subsections, sentences, clauses, phrases, parts
mobilpWord/kjh/rev. 5/17/94 9
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e e
EFFECTIVE DATE: This ordinance shall be effect
thirty days after its adoption, and the City Clerk shall cert
the adoption of this ordinance and cause it to be published
least once in a newspaper of general circulation in the Citl
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the day of , 1s
and thereafter
PASSED AND ADOPTED at a regular meeting of the (
Council of the City of Carlsbad on the day of
1994, by the following vote, to wit:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
mobilpk/ord/kjh/rev. 5/17/94 10
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Y Q
TRENT CONTROL ORDINANCE 0
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'LANlKAl LANE RENT SCHEDULE I KMA Adjusted Rent
SINGLE WIDE SPACE
Lanikai Lane base rent includes trash removal. Gas, electric, cable TV, water anc
DOUBLE WIDE SPACE $4251 1 $432,
$4001 j $406
sewer services are paid by resident.
i 1994 @ 75% CPI
RANCHO CARLSBAD RENT SCHEDULE
KMA FAIR MARKET RENT RANGE (Lot Premiums) = $600 to $800
! I
I
# MOBILEHOMES 1 Rent as of KMA Adjusted Rent Rental Amount I
~ Dec 31, 1993 INCR/(DECR) 1994 @ 75% CPI
14
($44) $667 ! $71 1 27 ($42: $635 $677 34 ($41 1 $625 $666 29 ($40) $61 7 $657 14 ($39) $606 $645
I
49
(SV $708 74 ($45) $691 45 ($44) $682 $726
I ($48) 93 $751 ($49)
10 $784 ($51 )
67
($54) $81 7 29
($50) $777 17
$735
[Total # MH's 502 1
NOTE: Proposed KMA rent structure is based upon existing individual lot locatic
premiums.
Rancho Carlsbad base rent includes.trash removal, water and sewer services, a1
cable TV. Gas and electric services are paid by resident.