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To: Honorable City Council
From: Nancy Burns, Senior Management Analyst
Date: July 10, 2000 (CC Meeting of July 19, 2000)
Subject: CONSIDER INTRODUCTION OF ORDINANCE NO. AMENDING
CHAPTER 52 OF THE MOORPARK MUNICIPAL CODE, MOBILEHOME
PARK RENT STABILIZATION
BACKGROUND
When Villa del Arroyo Mobilehome Park was purchased in May 2000
by Augusta Homes, a non - profit corporation, a Regulatory
Agreement was executed between the City and the new owner. This
Agreement obligates the new owner to provide for rent
stabilization within that park, including a hardship assistance
program.
DISCUSSION
The Regulatory Agreement between Augusta Homes and the City
provides for key provisions of the City's existing rent
stabilization program for mobilehome parks, with rent increases
in the Agreement limited to two (2) types: Standard space rent
increase and Operation and maintenance and remainder increase.
A copy of the Regulatory Agreement has been previously provided
to the City Council.
The attached Ordinance provides exemption from the City's rent
stabilization program, described in Chapter 5.52 of the Moorpark
Municipal Code (M.C.C.), for any mobilehome park which is
contractually obligated to provide for rent stabilization within
the park.
000118
Honorable City Council
Date 07/11/00
Page 2
STAFF RECOMMENDATION
Introduce on first reading Ordinance No. , amending Chapter
52 of the Moorpark Municipal Code, Mobilehome Park Rent
Stabilization.
Attachment: Draft Ordinance No.
000119
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 5.52 OF THE
MUNICIPAL CODE, MOBILEHOME PARK RENT
STABILIZATION
WHEREAS, the City Council has determined that a mobilehome
park under contractual obligation with the City to provide for
rent stabilization within that park is subject to the specific
terms of that agreement and, therefore, should be exempt from
Chapter 5.52 of the Municipal Code, which defines the City's
rent stabilization program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 5.52.030, entitled "Exemptions," of the
Moorpark Municipal Code is hereby amended to add the following
Subsection G:
"G. Any mobilehome park which has entered into a
contractual obligation with the City to provide for rent
stabilization within that park, provided that the exemption
shall be in effect only while the contract is in full force and
effect."
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty
(30) days after its 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; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
000120
Ordinance No.
Page 2
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark,
and which is hereby designated for that purpose.
PASSED AND ADOPTED this day of July, 2000.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000121
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MEMORANDUM
TO: Honorable City Council
FROM: Nancy Burns, Senior Management Analyst !•
DATE: July 11, 2000 (Box Item)
SUBJECT: Regulatory Agreement
Attached is the Mobilehome Park Rent Stabilization Agreement from
the Regulatory Agreement and Declaration of Restrictive
Covenants, executed at the time of the sale of Villa del Arroyo
Mobilehome Park to Augusta Homes.
This Agreement provides for key provisions of the City's existing
rent stabilization program for mobilehome parks.
Attachment
cc: Steven Kueny, City Manager
Deborah T raffenstedt, City Clerk
REGULATORY AGREEMENT
AND DECLARATION OF
RESTRICTIVE COVENANTS
EXHIBIT "D"
MOBILEHOME PARK RENT STABILIZATION AGREEMENT
Notwithstanding use of the term "City Law" and law in the Regulatory Agreement and this
Exhibit D in referring to the provisions of this Exhibit D, it is expressly acknowledged and
agreed by the Borrower that the provisions of this Exhibit D are a contractual agreement with
the City, and are not being imposed on the Project under the City's police powers.
Sections:
010 Purpose and intent.
020 Definitions.
030 Exemptions.
040 Rent increase — Legality.
050 Standard space rent increase.
060 Rent increase -- Determination of
remainder increases.
070 Conduct of meetings and hearings.
080 Retroactive increases or refunds.
090 Procedural irregularities.
100 Notice to new tenants.
110 Tenant's right of refusal.
120 Hardship to tenant.
130 Retaliatory eviction.
140 Tenants' civil remedies.
150 Owners' mandamus remedy
Section 010 Purpose and intent.
allowable operation and maintenance and
There is a low vacancy rate in the Mobilehome park and in the past rents rose rapidly.
Because of the high cost of moving mobilehomes, the potential for damage resulting therefrom,
the requirements relating to the installation of mobilehomes, including permits, landscaping
and site preparation, the lack of alternative home sites for mobilehome residents and the
substantial investment of mobilehome owners in such homes, a virtual monopoly exists in the
rental of mobilehome spaces, creating a situation where park owners have unbridled discretion
and ability to exploit Mobilehome park tenants. For these reasons among others, the City
Council of the City and the Mobilehome home park owner acknowledge and agree that it is
necessary to protect the owners of Mobilehomes from unreasonable rent increases, while at the
same time recognizing the need of the Mobilehome park owner to receive a fair return on their
property and rental income sufficient to cover increases in the costs of repairs, maintenance,
insurance, employee services, additional amenities and other costs of operation.
Section 020 Definitions.
For the purposes of this Exhibit D, the terms set forth in this section have the following
meanings:
"Accurate" means correct mathematically on the rent schedule form and any
supplemental application material.
"Capital improvement means any addition of betterment made to the Mobilehome
park which consists of rho're than mere repair or replacement of existing facilities or
improvements which has a useful life of five (5) or more years, adds to the value of the property
and appreciably prolongs its useful life and which may be amortized in accordance with
applicable Internal Revenue Code regulations.
"City" means the City of Moorpark.
"City staff" or "staff" means the staff of the City.
"Complete" means rent schedule forms filed are filled out properly.
"Compliance" means the submittal of rent schedule forms as approved by the City, the
payment of an administrative fee, as established by resolution of the City Council, for the
submission of Mobilehome space rent increase applications, and other requested material,
documentation, information and responses to staff questions to comply with this Exhibit D.
"Consumer Price Index" means the percentage change in the Consumer Price Index for
the U.S. City Average, All Urban Consumers, All Items, for the twelve (12) month period
ending four (4) months prior to the effective date of the proposed rent increase (e.g., November
effective date would be for twelve (12) month period ending June 30th). In the event the
Consumer Price Index ceases to be complied and published, or is calculated on a significantly
different basis, during the term of the Regulatory Agreement, the most comprehensive official
index published by the federal government of the United States of America that most closely
approximates the percentage change that would have been reflected in the Consumer Price
Index shall be used whenever the Consumer Price Index would have been used pursuant to this
appendix.
"County" means the County of Ventura.
"Mobilehome" means a structure with dimensions larger than eight (8) feet by forty (40)
feet or size larger than three hundred twenty (320) square feet designed for human habitation,
transported over streets and highways to a permanent occupancy site, and installed on the site
either with or without a permanent foundation.
"Mobilehome park" or "park" means the mobilehome park at 15750 Los Angeles
Avenue, Moorpark, California, commonly referred to as Villa Del Arroyo Mobilehome Park.
"Mobilehome park owner" or "owner" means the owner, lessor, operator and /or
manager of the Mobilehome park.
"Mobilehome tenant" or "tenant" means any person entitled by written or oral
agreement or by sufferance to occupy a Mobilehome park space to the exclusion of others.
"Mobilehome park rent review board" or "board" means the City Council.
"Met operating income" means gross income less operating expenses. "Gross income"
includes the sum of the gross space rent plus other income generated as a result of operating the
Mobilehome park (i.e., laundry facilities, recreational vehicle storage, etc.) plus revenue
received from the sale of utility services (gas, water, electricity, cable TV, refuse, etc.) where
such utilities are billed individually to -the tenants by the Mobilehome park owner. Operating
expenses include the costs of operation and maintenance, as defined on the rent schedule forms.
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"Operation and maintenance" means services provided by the Mobilehome park owner
related to the use or occupancy of a Mobilehome park space, including, but not limited to, water
and sewer, natural gas, electricity, refuse removal, management and administration (including
employee salaries and fringe benefits), maintenance and repairs, supplies, advertising,
recreation facilities, laundry facilities, parking, security services, insurance, property taxes,
other governmental assessments and other costs reasonably attributable to the operation or
maintenance of the Mobilehome park. The term operation and maintenance shall not include
legal fees related to rent stabilization or tenant relations, costs incurred in proceedings related to
this appendix, or mortgage payments, whether for principal, interest, or both.
"Regulatory Agreement" means the Regulatory Agreement and Declaration of
Restrictive Covenants, dated as of May 1, 2000, by and among the City, U.S. Bank Trust
National Association, as trustee, and Augusta Homes.
"Rehabilitation work" means work done on or in the Mobilehome park in order to
comply with an order issued by the City, County or other public agency, or to repair damage
resulting from fire, earthquake or other natural disaster.
"Rent schedule forms" means forms, including any accompanying instructions,
provided by the City and required to be filed by the Mobilehome park owner for a proposed
rent increase.
"Space rent" means the consideration, including any bonuses, benefits or gratuities,
demanded or received in connection with the use and occupancy of a space in the Mobilehome
park, or for the services provided, but exclusive of any amount paid for the use of a
Mobilehome or utility charges or trash charges which are billed separately whether or not the
units are individually metered. "Space rent" does not include reasonable user fees for services
actually rendered to some, but not all, of the tenants of the Mobilehome park.
"Space rent occupancy change" means any time that a Mobilehome in the Mobilehome
park or the space occupied by such a Mobilehome is vacated voluntarily or as a result of an
eviction action or a resale of the Mobilehome. No space rent occupancy change shall be deemed
to have occurred if an existing tenant removes an existing Mobilehome from the space that
tenant rents in the Mobilehome park, in order to replace that Mobilehome with another
Mobilehome, to be installed on the same space.
Section 030 Exemptions.
The provisions of this Exhibit D shall not apply to the following:
A. Mobilehome park spaces rented for nonresidential uses, as allowed by the
City's zoning ordinance or;
B. Tenancies which do not exceed an occupancy of twenty (20) days and
which do not contemplate an occupancy of more than twenty (20) days;
C. Tenancies covered by leases or contracts that provide for more than a
month -to -month tenancy. This exemption is only for the duration of a lease or contract
that was in effect on the date that the Regulatory Agreement was fully executed by the
parties. Upon the expiration or other termination of any such lease or contract, this
appendix shall immediately be applicable to the tenancy.
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Section 040 Rent increase 7 Legality.
A. The owner shall not increase any space rent, and no increase in space rent shall
be effective, unless the increase is made in compliance with the provisions of this Exhibit D; nor
shall the owner fail to comply with any provision of this Exhibit D.
B. Effect on Leases. In any application for a space rent increase under this Exhibit D,
the owner shall indicate which, if any, of the Mobilehome park spaces are covered by leases or
contracts which provide for more than a month- to -month tenancy, together with the expiration
date of each such lease or contract. Any space rent increase approved by the board under this
Exhibit D shall not be applicable to spaces covered by such leases or contracts during the terms
of such leases or contracts. Upon the expiration of each such lease or contract the space rent
contained in that lease or contract shall remain in effect until the next rent increase for the
Mobilehome park is decided by the board. This subsection is not intended to preclude the
extension or commencement of any lease or contract.
C. Effect on Space Rent Occupancy Change. Upon a space rent occupancy change,
the Mobilehome park owner may increase the space rent in effect for that particular space at the
time of the change by an amount not to exceed the lesser of five percent (5 %) or the Consumer
Price Index. Such an increase shall not be applied more than once in a twelve (12) month period
and not more than two (2) times in any five (5) year period. Nor shall such an increase
constitute a space rent increase for the purpose of determining when the last space rent increase
became effective under Section 050A(2) or Section 060A(1).
Section 050 Standard space rent increase.
A. Basis for Determination. The procedures and fees set forth in Section 060 shall
not apply to any proposed space rent increase which does not exceed the adjusted Consumer
Price Index ( "CPI ") of the total space rent of each affected Mobilehome park space, provided
that:
I. The adjusted Consumer Price Index means the full CPI up to and
including seven percent (7 %) and two- thirds (2/3) of the CPI above the seven percent
(7 %) up to and including eighteen percent (18 %) for a maximum total increase of
fourteen point thirty -three percent (14.33 %).
2. The proposed space rent increase is to become effective no sooner than
one (1) year from the date the last increase became effective at the Mobilehome park.
B. Procedure.
1. Not less than ninety (90) days prior to the effective date of the proposed
increase, the owner shall file with the board a rent schedule form and supporting
documentation together with a copy of the written notice of the proposed increase and
proof that the owner has served each affected tenant, personally or by mail, with the
notice. The notice shall state: (a) the number of the space or other means by which the
space is routinely identified; (b) the proposed rent for the space and the effective date
thereof; and (c) that a copy of the rent schedule form and supporting documentation is
available to any affected tenant, free of charge, upon request at the owner's office in the
Mobilehome park. Mailed notice shall be deemed served as of the second day after
deposit in the U.S. mail, postage - prepaid. The rent schedule form shall show the existing
rent and proposed new maximum rent for each affected space together with the
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percentage increase and shall include the Consumer Price Index together with
documentation thereof.
2. Concurrently with filing the rent schedule form, the owner shall deposit
with the City five hundred dollars ($500.00) as a fee to cover the costs of the City
processing the proposed space rent increase, provided on January 1, 2005 and every five
(5) years thereafter the deposit shall be increased by twenty (20) percent of the amount
theretofore in effect. Upon conclusion of such processing, the balance of the deposited
processing fees, if any, shall be refunded to the owner. If additional costs are incurred by
the City, the owner shall be billed for such additional costs and shall pay the City in full
within fifteen (15) days after the City deposits the bill in the U.S. mail, postage prepared,
address to the owner at the address of the Mobilehome park. Costs shall mean the actual
time spent by City staff, calculated in quarter hour increments, at one and half (1 -112)
times the hourly rate of the particular person performing the work plus any out -of-
pocket expenses incurred by the City. In the event the City does not have any hourly
rate in effect for a person at the time the person performs the work, calculation of the
one and a half times the hourly rate shall be based upon an hourly rate that is
determined by the City by dividing the person's annualized salary by 2080 hours.
3. If the rent schedule form contains errors or omissions, City staff shall
return the form to the owner within sixty (60) days after the form was filed with the
board together with a written notice as to the deficiencies. The notice may also provide
that the application is being suspended until a complete and accurate form is filed with
the board.
4. If the application is suspended, the proposed rent increase shall not
implemented by the owner until City staff notifies the owner in writing that a complete
and accurate form has been filed with the board; otherwise, the increase shall become
effective as of the date specified in the notice to affected tenants described in subsection
B.1.
5. If a space rent increase exceeds subsection A of this section, the proposed
increase may not be implemented by the owner unless and until approved by the board
in accordance with Section 060.
Section 060 Rent increase — Determination of allowable operation and maintenance and
remainder increases.
A. Basis for Determination.
1. The proposed space rent increase shall become effective no sooner than
one (1) year from the date the last increase became effective at the Mobilehome park.
2. For purposes of determining allowable increases, the space rent shall be
divided into two (2) components as follows:
a. Operation and Maintenance. The portion of the space rent
attributable to the cost of operation and maintenance. This component may be
increased to cover documented increases in this component. Increases in income
from other park - related sources shall be deducted in determining the amount of
increase in costs. In the event the Mobilehome park owner does not separately
bill utilities, converts from a commonly shared metered system to each space, or
when the owner initiates a segregated charge or a separate trash or utility billing
to the space, the owner shall file a written report of such change with the board
on or before the effective date of the charge. The board shall determine the
amount to be deducted from the space rent as a result of such separate charges or
billing. Thereafter, such charges or billings shall not be a part of space rent.
b. Remainder. The remainder of the space rent. This component may
be increased by not more than the Consumer Price Index. In no event, however,
shall the increase exceed five percent (5 %). Supporting documentation shall be
filed to justify the requested increase.
3. Calculations of space rent increases for the Mobilehome park, as provided
in this Section, shall be based upon the consecutive twelve (12) month period ending
four (4) months prior to the effective date of the proposed increase. In no event,
however, shall the operation and maintenance component for any month, or portion
thereof, be used in the calculations for more than one (1) space rent increase.
B. Procedure.
1. Not less than ninety (90) days prior to the effective date of the proposed
increase, the owner shall file with the board a rent schedule form and supporting
documentation together with proof that the owner has served each affected tenant,
personally or by mail, with written notice of the proposed increase. The written notice
shall state: (a) The proposed rent and effective date thereof; and (b) that a copy of the
rent schedule is available to any affected tenant, free of charge, upon request at the
owner's office in the Mobilehome park. Mailed notice shall be deemed served as of the
second day after deposit in the U.S. mail, postage prepaid. The rent schedule form shall
show the existing rent and proposed new maximum rent for each affected space,
calculated according to subsection A of this Section, and shall include documentation
supporting the requested increase in the remainder component.
2. Concurrently with filing the rent schedule form, the owner shall deposit
with the City one thousand dollars ($1,000.00) as a fee to cover the costs of the City of
processing the proposed space rent increase, provided that on January 1, 2005 and every
five (5) years thereafter, the deposit shall be increased by twenty (20) percent of the
amount theretofore in effect. Upon conclusion of such processing, the balance of the
deposited processing fees, if any, shall be refunded to the owner. If additional costs are
incurred, the owner shall be billed for such additional costs and shall pay the City in full
within fifteen (15) days after the City deposits the bill in the U.S. mail, postage prepared,
address to the owner at the address of the Mobilehome park. Costs shall mean the
actual time spent by City staff, calculated in quarter hour increments, at one and a half
(1 -1/2) times the hourly rate of the particular person performing the work plus any out -
of- pocket expenses incurred by the City. In the event the city does not have any hourly
rate in effect for a person at the time the person performs the work, calculation of the
one and a half times the hourly rate shall be based upon an hourly rate that is
determined by dividing the person's annualized salary by 2080 hours.
3. The board shall hear any request complying with the requirements of
subdivisions 1 and 2 of this subsection not later than forty-five (45) days after receipt
thereof. At least ten (10) days prior to the hearing, the board shall give written notice of
the time and place set for the hearing to the owner, the tenants' representative and any
person who has filed with the City Clerk a written request to be notified. No hearing or
any part thereof may be continued beyond twenty (20) days after the initial hearing date
without the owner's consent. If the board approves the increase as requested, or lower
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than requested, the same shall take effect as noticed by the owner or as the board may
otherwise direct.
4. The board shall make a final decision no later than ten (10) days after the
conclusion of the hearing. The board's decision shall be based on the preponderance of
the evidence submitted at the hearing. The owner and all tenants requesting written
notice shall be advised of the board's decision and given a copy of the findings upon
which the decision is based. The decision of the board shall be final.
5. The board may, with respect to:
a. The operation and maintenance component, approve in whole or
in part, or deny the increase noticed by the owner. Approval shall be based on a
finding that the relevant portion of the rent schedule form, as originally filed by
the owner or as amended by the owner prior to the close of the hearing, is
accurate, complete and in compliance with this Section. A reduction shall be
based on a finding that circumstances, as determined by the board, justify a
lesser increase than that noticed by the owner,
b. The remainder component, (i) approve the increase noticed by the
owner, in whole or in part, based upon a finding that the increase, as approved,
permits a fair return and sufficient rental income in accordance with the purpose
and intent of this Exhibit D, or (ii) deny in total the increase noticed by the
owner, based upon a finding that an increase shall not be necessary for the owner
to receive a fair return and sufficient rental income in accordance with the
purpose and intent of this Exhibit D.
Section 070 Conduct of meetings and hearings.
Meetings and hearings of the board shall be conducted in accordance with the following:
A. Except as authorized by state law, all meetings and hearings conducted
by the board shall be open to the public.
B. Each party to a hearing may have assistance from an attorney or such
other person as may be designated by the party in presenting evidence or in setting forth
by argument their position. All witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or any interested tenant(s) should fail to
appear at the hearing at the specified time and place, the board may hear and review
such evidence as may be presented and make such decisions as if both parties had been
present.
D. All hearings shall be tape- recorded. Tapes shall be preserved for two (2)
years, or longer if requested in writing by any party affected by the hearing and the
request is received by the city not less than ninety (90) days prior to the expiration of the
two -year period.
Section 080 Retroactive increases or refunds.
A. The procedures of this Exhibit D are intended to result in a final decision prior to
the effective date of a proposed space rent increase. If staff or board actions do not result in a
final decision by the effective date of the proposed increase, the decision shall be retroactive to
the noticed effective date, unless the decision is delayed as a result of an incomplete application.
The tenants shall pay the retroactive amount to the owner within thirty (30) days after the
decision of the board is announced.
B. If the board finds that a space rent increase went into effect in violation of this
Exhibit D, or any portion thereof, the owner shall refund the amount of the increase to the
tenant(s) within thirty (30) days after the decision of the board.
Section 090 Procedural irregularities.
Formal rules of evidence or procedure which must be followed in court shall not apply
to the board proceedings, except to the extent that the board shall determine in its sole
discretion. No action of the board shall be held void or invalid or be set aside by any court on
the ground of the improper admission or rejection of evidence, or by reason of any error,
irregularity, informality, neglect or omission (hereinafter called "error ") as to any matter
pertaining to applications, notices, findings, records, hearings, reports, recommendations, or
any matters of procedure whatever, unless after an examination of the entire case, including the
evidence, the court shall be of the opinion that the error complained of was prejudicial, and that
by reason of such error the party bringing the action or suit sustained and suffered substantial
injury, and that a different result would have been probable if such error had not occurred or
existed. There shall be no presumption that error is prejudicial or that injury was done if error is
shown.
Section 100 Notice to new tenants.
Prior to, or at the time of, agreeing to rent or lease a mobilehome park space to a new
tenant, the owner shall provide the new tenant with a copy of this Exhibit D, as currently in
force, along with a summary of the key provisions of this Exhibit D and projections regarding
the effect such provisions may have on tenants. This summary shall be prepared and provided
by the City to the Mobilehome park owner.
Section 110 Tenant's right of refusal.
A tenant may refuse to pay any increase in space rent which is in violation of this Exhibit
D. Such refusal to pay shall be a defense in any action brought to recover possession of a
Mobilehome park space or to collect the space rent increase.
Section 120 Hardship to tenant.
A. Statement from Tenant. Any tenant affected by a proposed space rent increase
may file a statement of unreasonably severe economic hardship with the Mobilehome park
owner not less than forty-five (45) days prior to the effective date of the proposed rent increase.
The statement shall be made on a form that is available from the owner. The form shall be
prepared and provided by the City to the owner.
B. Review by Owner. Within ten (10) days after the statement is filed, the owner
shall either notify the tenant in writing that the rent increase shall be reduced by the amount
identified in the statement or shall file with the board a request to convene a review panel. The
request shall set forth the reasons for the owner's request that the review panel be convened,
together with all documentation that supports the request, and shall be accompanied by a copy
of the tenant's statement, including all documentation attached thereto. The panel shall consist
of three members: the owner and two representatives of the City appointed by the mayor with
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the approval of the City Council. The City represents fives shall be the City Councilmembers
and /or members of City staff.
C. Review by Panel. The review panel, with one of the City representative's acting
as presiding officer, shall meet at a place on the Mobilehome park grounds furnished by the
owner to consider the statement. The meeting shall be at a time mutually convenient to the
panel and the tenant, provided that the panel shall render its decision not more than thirty-five
(35) days after the request was filed with the board. At the meeting, the panel shall review the
documentation provided by the tenant to the owner and the documentation provided by the
owner to the board and shall hear from the tenant. If the panel finds that the proposed rent
increase constitutes an unreasonably severe economic hardship on the tenant, it may by
majority vote order that the rent increase, or any portion, thereof, be waived. The decision of the
panel shall be final.
D. 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 130 Retaliatory eviction.
Notwithstanding Section 130 of this Exhibit D, in any action brought to recover
possession of a Mobilehome park space, the court may consider as grounds for denial any
violation of any provision of this Exhibit D. Further, the determination that the action was
brought in retaliation for the exercise of any rights conferred by this Exhibit D shall be grounds
for denial. Any action brought within three (3) months of the determination of a request for a
space rent increase pursuant to Section 060 or 070 of this Exhibit D, including a determination
made as a result of a petition filed with the board by a tenant pursuant to Section 050 of this
Exhibit D, shall be presumed to be retaliatory. This presumption affects the burden of proof and
is rebuttable by the owner.
Section 140 Tenants' civil remedies.
If the owner demands, accepts, receives or retains any payment of space rent in excess of
the maximum approved by the board under this Exhibit D, the tenants affected by such
violation, individually or by class action, may seek relief in a court of competent jurisdiction for
injunctive relief or damages or both. In any such court proceeding, the prevailing party shall be
awarded his reasonable attorney's fees and court costs. In its discretion and in addition to any
other relief granted or damages awarded, the court shall be empowered to award to each tenant
who is a party to the action or suit, civil damages in the sum of not more than three (3) times the
total monthly space rent demanded by the owner from each such tenant in violation of this
Exhibit D.
Section 150 Owner's mandamus remedy.
Space rents shall not be increased, except as provided in this Exhibit D. The owner may
bring a writ proceeding to challenge the denial, in whole or in part, of such an increase. The
challenge shall be limited to whether there was a prejudicial abuse of discretion. Abuse of
discretion shall be established only if the City has not proceeded in the manner required by
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Section 050 or 060 of this Exhibit D, the decision is not supported by findings or the findings are
not supported by the evidence.
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