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Home My WebLink AboutAGENDA REPORT 1999 0519 CC REG ITEM 10ETO: FROM: DATE: 00_ 1 1(r) ) ITEM 10• C:I f N' OF - %4'00'RP 1RK. C AALTFORTNV, CEO E c;tYn €�s :'r3t,eting of 5.��_�..... ACTION: Gldl 'I.f. E xfo- r�� L1IGi KL'd v1CGI?r.�_Y t MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council John E. Nowak, Assistant City Manager 07 May 1999 (Council meeting of 05- 19 -99) SUBJECT: Consider Introduction of Ordinance No. Amending Section 5.52.140 of the Municipal Code Pertaining Only to the Hardship Provision. BACKGROUND: In 1993 the City Council which included a provision for waiver mobile home parks when the constitute a hardship for ordinance, the park owner wa cost of any waivers grante specific section of the 199: separate action the City of Agency would assume the program. amount of adopted an ordinance of rent increases at the increase would the owners. Pursuant to the s responsible for absorbing the 3. Proposed is to modify that ordinance and provide that by Moorpark or the Redevelopment cost for a similar hardship DISCUSSION: Since 1993 the City of Moorpark has had a provision in its Municipal Code that provided an opportunity for owners in mobile home parks to request a waiver of all or part of any rent increase proposed by the owner of the mobile home park. The people eligible for the rent increase waiver were required to meet the Federal Section 8 determination of suffering under unreasonably severe economic hardships. In the past three (3) years, a total of eighteen (18) residents at Villa del Arroyo have utilizes the hardship waiver at least one year with four (4) having been granted the waiver all three years. The total cost to the park owner over the three years has been $8,085.84. A total of five (5) residents at Moorpark Ordinance No. : Hardship Waiver 000357 Meeting of 19 May 1999 Page 02 Mobilehome Park have used the waiver at least for a portion of one year. Had the waivers been effective for a full year, the total cost of the waiver to the park owner would be $577.20. Presented for the Council's consideration is an amendment to the Municipal Code pertaining to the hardship waiver. The change presented is to allow the hardship payment to be a program of the City and the Redevelopment Agency, rather than the park owner, if the City so desired. The details of the program would be established by Council resolution, however the basis for determining eligibility should remain the Federal Section 8 guidelines, as is the current case. A legislative format version of the existing Code is attached for the Council's information. Maintenance of affordable housing units is an eligible cost for the Redevelopment Agency's housing set -aside funds. RECOMMENDATION: Staff recommends that the City Council Introduce on First Reading Ordinance No. amending Section 5.52.140 of the Municipal Code pertaining only to the Hardship Provision. Attached: Ordinance No. : Code Amendment Legislative format ordinance 000358 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 5.52.140 OF THE MUNICIPAL CODE PERTAINING TO HARDSHIP TO TENANTS OF MOBILE HOME PARKS. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.52.140 of the Moorpark Municipal Code is hereby amended to read as follows: "5.52.140 Hardship to tenant. A. Hardship Assistance Program. The City of Moorpark may establish, by resolution, a program for providing hardship financial assistance to tenants of mobilehome parks located within the City. Said resolution shall establish the procedures for receipt and review of applications for said program. B. Statement from Tenant. If such a program is established, any tenant affected by a proposed space rent increase or payments resulting from an approved amortization scheduled (collectively "the adjustment ") may file a statement of unreasonably severe economic hardship with the City not less than forty -five (45) days prior to the effective date of the proposed adjustment. The statement shall be made on a form that is available from the City and shall be processed in accordance with the procedures set forth in the resolution. C. Unreasonably Severe Economic Hardship. Any tenant whose household income and monthly housing expense meet the criteria established by the Housing Assistance Payments Program under Section 8, existing housing provisions of the Housing and Community Development Act of 1974 (P.L. 93 -383) and the regulations pertaining thereto, or any successor program, shall be deemed to be suffering under unreasonably severe economic hardship. The burden of proof in 00035 Ordinance No. Page 2 establishing any other form of unreasonably severe economic hardship shall be on the tenant." SECTION 2. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 3. This Ordinance shall become effective thirty (30) days after passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City, and shall cause the same to be published in the manner prescribed by law. PASSED AND ADOPTED this day of June, 1999. 000360 ITEM I O'e *NINEND ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 5.52.140 OF THE MUNICIPAL CODE PERTAINING TO HARDSHIP TO TENANTS OF MOBILE HOME PARKS. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.52.140 of the Moorpark Municipal Code is hereby amended to read as follows: "5.52.140 Hardship to tenant. A. Hardship Assistance Program. The City of Moorpark may establish by resolution, a grogram for providing hardship financial assistance to tenants of mobilehome parks located within the City. Said resolution shall establish the procedures for receipt and review of applications for said program. A B. Statement from Tenant. If any such program is established, any tenant affected by a proposed space rent increase or payments resulting from an approved amortization scheduled (collectively "the adjustment ") may file a statement of unreasonably severe economic hardship with the mebileheme pa-r-k — �—n_-r city not less than forty - five (45) days prior to the effective date of the proposed adjustment. The statement shall be made on a form that is available from the City and shall be processed in accordance with the procedures set forth in the resolution. The +- 1- .....shall t identify ME 4110--1,1111 M�- MMIN-1--liffil the t .7 l 1- e s�'1��e 6,= r;T =�t o-i ,— 'c-xTe e'ba �7 c i—cci rc�- cr— cac'cFreiz-rnc�}, -,rT E) C. Basis fer Beterfflinatren. Unreasonably Severe Economic Hardship. Any tenant whose household income and monthly housing expense meet the criteria established by the Housing Assistance Payments Program under Section 8, existing housing provisions of the Housing and Community Development Act of 1974 (P.L. 93 -383) and the regulations pertaining thereto, or any successor program, shall be deemed to be suffering under unreasonably severe economic hardship. The burden of proof in establishing any other form of unreasonably severe economic hardship shall be on the tenant." SECTION 2. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 3. This Ordinance shall become effective thirty (30) days after passage and adoption. 2 MrS MM I MR I M, 11116 M MI MINOR I E) C. Basis fer Beterfflinatren. Unreasonably Severe Economic Hardship. Any tenant whose household income and monthly housing expense meet the criteria established by the Housing Assistance Payments Program under Section 8, existing housing provisions of the Housing and Community Development Act of 1974 (P.L. 93 -383) and the regulations pertaining thereto, or any successor program, shall be deemed to be suffering under unreasonably severe economic hardship. The burden of proof in establishing any other form of unreasonably severe economic hardship shall be on the tenant." SECTION 2. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 3. This Ordinance shall become effective thirty (30) days after passage and adoption. 2 SECTION passage and same in the shall cause prescribed by 4. The City Clerk shall certify to the adoption of this ordinance; shall enter the book of original ordinances of said City, and the same to be published in the manner law. PASSED AND ADOPTED this day of June, 1999. 3