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Home My WebLink AboutRES CC 1985 231 1985 1007RESOLUTION NO. 85- 231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING ADMINISTRATIVE RULES GOVERNING RENT INCREASE APPLICATIONS AND SUPPORTING DOCUMENTS OR EVIDENCE SUBMITTED TO THE BOARD FOR RENT INCREASES UNDER CHAPTER 4 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE. WHEREAS, the City Council of the City of, Moorpark has adopted Chapter 4 of Title 5 of the Moorpark Municipal Code (hereinafter sometimes "Ordinance ") establishing a Mobile Home Park Rent Regulation system in the City of Moorpark; and WHEREAS, said Chapter 4 of Title 5 of the Moorpark Municipal Code established a Mobile Home Park Rent Review Board which has powers to adopt, promulgate, amend and rescind administrative rules relating to mobile home park rent regulation as set forth therein; and WHEREAS, administrative experience has shown the need for adopting administrative rules and standarized forms governing the nature and content of rent increase applications and supporting documents and evidence to the Board; and l WHEREAS, the City Council desires to establish such administrative requirements pertaining to rent increase applications and amortization of Capital Improvements and Rehabilitation Work pursuant to the "Ordinance"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The following requirements are established in order to enable the Board to more efficiently review requests by mobile home park owners ( hereinafter sometimes "owner" or "landlord ") for rent increases under the "Ordinance" Section 1. DOCUMENTATION AND EVIDENCE All applications and attached supporting documents will become public records. Documents and records submitted to the Board must be legible, reproducible, organized and presented in a manner appropriate and acceptable by reasonable accounting standards. The application and materials attached to the application must be certified by the applicant as accurate and computed in the same manner as books and records kept for income tax purposes. The application and materials will not be returned to the owner. The owner must, upon request by the Board, staff or review accountant, show to the Board, staff or review accountant the original document from whiclf any photocopy was made and all -documents, papers_or written memoranda which support or are evidence of claimed expenses of any nature. -1- In those instances where the owner or owners' relatives performed management services or labor being claimed as operating and maintenance costs, or claim reimbursement for operating and maintenance costs or expenses, a record of the date, time and nature of the service, labor or expenditure must be kept and submitted with the application. Services, labor or expenditures by the owner or owners' relatives must be identified as such in the application or supporting documents. Failure to submit such records may result in the requested cost or expense being disallowed. The Board may request evidence of any individual's background, knowledge, training or experience qualifying such individual to perform management services or labor as claimed in the application or supporting documents. Section 2. INVALID APPLICATIONS In the event that an application lacks the required documents, lacks required information, or there are errors in the mathematical' computations showing the individual rent increases, the application may be returned to the landlord with an explanation as to why the application cannot be accepted, or the case may be suspended prior to the hearing for a 30 -day period, commencing upon the date of mailing the notification to the landlord of the additional documentation and /or information needed. If, at the end of this 30 -day period, the requested information has not been supplied, the time periods stated in the "Ordinance" will continue to run, and a hearing will be scheduled. If an application is returned by the City because of an error or missing documents, the landlord may resubmit the application within the 30 -day suspension period without an additional filing fee, after correcting the error or attaching the necessary documents. Section 3. FORMS The forms contained in the following exhibits: EXHIBIT A - NOTICE OF REQUEST FOR RENT INCREASE EXHIBIT B - PROOF OF SERVICE EXHIBIT C - RENT SCHEDULE FORM PART I - MOBILE HOME PARK DESCRIPTION PART II - DETERMINATION OF OPERATION AND MAINTENANCE COSTS PART III - DETERMINATION OF INCREASE IN REMAINDER OF RENT PART IV - PROPOSED NEW SPACE RENT PART V - ITEMIZATION PART VI - LEASED PARK SPACES PART VII - SUPPORTING DOCUMENTATION PART VIII- SUMMARY OF EXISTING AND PROPOSED RENTS FOR EACH SPACE PART IX - CERTIFICATION EXHIBIT D - AMORTIZATION SCHEDULE PART I - DESCRIPTION AND JUSTIFICATION THAT THE IMPROVEMENT OR WORK IS CONSISTENT WITH THE DEFINIATION OF EITHER A CAPITAL IMPROVEMENT - OR REHABILITATION WORK _ DART II - TOTAL COST - PART III - JUSTIFICATION -FOR THE PERIOD OF AMORTIZATION PART IV - DESCRIPTION OF FINANCING PART V - COST FOR EACH SPACE ON A -- - MONTHLY BASIS -2- which exhibits are attached hereto and made a part hereof, shall be used as applicable pursuant to Section 4, INSTRUCTIONS, hereinafter set forth. The forms contained in EXHIBIT E - CITIZEN'S COMPLAINT, attached hereto and made a part hereof, shall be used for citizen's complaints relative to possible violations of said Chapter 4, Title 5 of the Moorpark Municipal Code. Section 4 INSTRUCTIONS The applicant for a space rent increase shall submit to the Board ten (10) copies of each of the forms listed under each of the following sections of said Chapter 4 of Title 5 of the Moorpark Municipal. Code: SECTION 5.04.050 Without Majority Protest A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - PARTS I, V..I, VII, VIII and IX With Majority Protest In addition to the forms already filed, the applicant shall file with the City, within ten (10) days of written request by the City to do so, the following forms: C - RENT SCHEDULE FORM - PARTS II, III, IV and V Said additional forms shall also be placed on file at the mobile home park owner's office at the same time as they are provided to the City. SECTION 5.04.060 A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - all PARTS SECTION 5.04.070 A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - all PARTS SECTION 5.04.080 A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE D - AMORTIZATION SCHEDULE - all PARTS Section 5. - SUPPORTfNG DOCUMENTATION The supporting documentation referred to in Subsection A(2)(b) of Section 5.04.060 ( Remainder component) , and Subsection A(2) of Section 5.04.070 ( Discretionary Space Rent Increases) of said Chapter 4, Title 5 of said Moorpark -3- Municipal Code, to be provided by the owner, must demonstrate that as a result of one or more factors, the requested increase is justified. Such factors may include, but not be limited to: (1) Increases in debt service as a result of variable interest rate mortgage. (2) Comparable rents charged in similarly situated parks. (3) Casualty losses not covered by insurances. (4) Extraordinary legal fees related to the mobile home park, but unrelated to rent control, tenant' relations or processing costs pursuant to this said Chapter 4. (5) The presence or absence and frequency of past rent increases. (6) Changes in the physical condition of the park and /or services, privileges and benefits available to the tenants. (7) Efficiency and productivity in the operation and maintenance of the park. (8 ) Changes in the Consumer Price Index. (9) Other financial information which the owner desires to submit. SECTION 1I. This resolution shall take effect immediately. SECTION I1I. That the City Clerk shall certify to the passage and adoption of this resolution. ATTEST: PASSED AND ADOPTED this 7th day of October, 1985. ayor o the Ci Moorpar California i t y C erk -4- LIST OF ATTACHMENTS EXHIBITS TITLE A NOTICE OF REQUEST FOR RENT INCREASE B PROOF OF SERVICE C RENT SCHEDULE FORM PART I - MOBILE HOME PARK DESCRIPTION PART II - DETERMINATION OF OPERATION AND MAINTENANCE COSTS PART III - DETERMINATION OF INCREASE IN REMAINDER OF RENT PART IV - PROPOSED NEW SPACE RENT PART V - ITEMIZATION PART VI - LEASED PARK SPACES PART VII - SUPPORTING DOCUMENTATION PART VIII - SUMMARY OF EXISTING AND PROPOSED RENTS FOR EACH SPACE PART IX - CERTIFICATION D AMORTIZATION SCHEDULE PART I - DESCRIPTION AND JUSTIFICATION THAT THE IMPROVEMENT OR WORK IS CONSISTENT WITH THE DEFINITION OF EITHER A CAPITAL IMPROVEMENT OR REHABILITATION WORK PART II - TOTAL COST PART III - JUSTIFICATION FOR THE PERIOD OF AMORTIZATION PART IV - DESCRIPTION OF FINANCING PART V - COST FOR EACH SPACE ON A MONTHLY BASIS E CITIZEN`S COMPLAINT JI EXHIBIT "A" Ppge 1 of 2 Pages NOTICE OF REQUEST FOR RENT INCREASE DAT TO: (Mobile Home Owner) (Space No.) FROM: (Park Owner or Representative) Pursuant to Section 798.30 of the California Civil Code, and the City of Moorpark's Mobile Home Park Rent Regulation Ordinance ( Chapter 4 of Title 5 of the Moorpark Municipal Code), notice is hereby given that the rent for Space No. will be increased from $ to $ per month, effective 19 , upon approval of this Request by the City of Moorpark Mobile Home Park Rent Review Board. Date of last increase was The Owners of Mobile Home Park are filing a rent increase application with the City of Moorpark Mobile Home Park Rent Review Board for approval of a rent increase under one of the following provisions: (_) Section 5.04.050 - A Space Rent Increase for no more than the lesser of 5 or 213 of the increase tot the Consumer Price Index If tenants of 51% of the spaces file written protests with the Board within 30 days of receipt of this notice, the proposed inecrease may not be implemented by the owner unless and until approved by the Board after a Board conducted hearing pursuant to Subsection B(1), (2), (3) and (4) of Section 5.04.060 of Chapter 4 of Title 5 of the Moorpark Municipal Code. Individual written protests are to be filed with the City of Moorpark Mobile Home Park Rent Review Board, 799 Moorpark Avenue, Moorpark, CA 93021. If majority protest is not filed within 30 days of receipt of this notice, the proposed increse will be approved by the Board as a ministerial decision prior to the noticed effective date. (_) Section 5.04.060 - Allowable Increase A formal public hearing will be held on the requested increase no later than 45 days after receipt of this notice. (_) Section 5.04.070 - Discretionary Space Rent Increase A formal public hearing will be held on the requested increase no later than 45 days after receipt of this notice. The same procedures as set forth in Subsection B (1), (2), (3) and (4) of Section 5.04.060 shall be applicable. It shall be the responsibility of the owner to provide sufficient documentation to justify the requested increase. Section 5.04.080 - Amortization of Capital Improvements and Rehabilitation Work A formal public hearing will be held on the requested increase no later than 45 days after receipt of this notice. The same procedures set set forth in subsection B (1) , (2) , (3) and (4) of Section 5.04.060 shall be applicable, except that the owner shall file an Amortization Schedule, showing that the improvement or work satisfipe the riPfinition of c:thzr a Czpitz,, ; 1• �_ �•'�R:? :: �^ Rehabilitation '.,G: < rarsuant to Cnapter 4 of Title 5 of the Moorpark Municipal Code, the total cost of the item(s) , and the amortization of the cost ona monthly basis for each affected space. EXHIBIT "A" (Continued) Page 2 of 2 pages For each of the foregoing rent increase provisions, this notice must tie filed, per- sonally or by mail, with each affected tenant not less than 75 days prior to the effective date of any proposed rent increase. No rent increase can be implemented unless and until approved by the Mobile Home Rent Review Board. A copy of the Rent Schedule Forms and supporting documentation is available to any affected tenant free of charge upon request at the Mobile Home Park Owner's office, at If you have any concerns regarding the proposed rent increase, or to learn the location, date and time of the Mobile Home Rent Review Board hearing, yot5 may con- tract the City of Moorpark, Department of Community Development, at (805) 529 -6864. RENT SCHEDULE FORM Part U CERTIFICATION The information supplied in this application is computed in the same manner the books and records of the mobile home park are kept for income tax purposes; said information is taken from the books and records of the mobile home park, and there have been no changes in the accounting used for accounting years reported herein. The effective date of the last previous rent increase at the mobile home park was 1 hereby certify under penalty of perjury that the foregoing statements are true and accurate to the best of my knowledge and belief. Signature Printed Name Title Date Location of Records EXHIBIT "B" PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF i RENT SCI EDULE FOI�k Part I AM OF STATE RELATIONSHIP NAME OF MOBILE HOME PARK MY BUSINESS/RESIDENCE ADDRESS 1S on the dates indicated below, I served the within Notice of Request for Rent Increase upon each affected tenant of the above -named mobile home park by either personally delivering such notice to such tenants, or by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail, as hereinafter described. Tenant's .lame Address Method and Date of SeKvice (Each resident must be served and listed seperately) c:c_ar& under penalty of perjury that the foregoing is true and correct. Executed on at date place Signature Print name RENT SCHEDULE FORM Part 1 EXHIBIT "C" RENT SCHEDULE FORM �I RENT SCHEDULE FORM Part RENT SCHEDULE FORK Part I MOBILEHOME PARK DESCRIPTION e PARK: N ARSE ADDRESS -- -- - I 3. PARK DESCRIPTION: NO. SPACES DATE OPENED DATE ACQUIRED BY PRESENT OWNER C. MANAGER: NAME ADDRESS PHONE NO. 'I D. OWNER: NAME P.DDRESS PHONE NO. CONTACT PERSON: (If different from above) NAME ADDRESS c;iONZ; NC. RENT SCHEDULE FOL Part II RENT SCP Part II DETERMINATION OF Operation ,md Maintenance Costs III,! intent of Part 11 is to determine the increase in operation and maintenance costs in the preceding 24 months. It ir, not a projection of anticipated or future increases. For example, if the application is for a rent increase to he effective April 1, 1984, then Part A would represent the 1983 calendar year, and Part B would be the 1982 cal - endar year. The twelve month period may begin with any month, but must be consistent from Section A to Section B. A. COSTS DURING PRECEDING 12 MONTHS _ to V2.RFFUSE M0. YR. M0 YRtion 6 Maintenance _ - _. QUARTER QUARTER QUARTER QUARTER TOTAL ILITIES Water Natural Gas Electricity REMOVAL INTENANCE /PAINTIN( - - - — - - - -- L,.NDSCAPING - - - - -- _ .- 5. REPAIRS 6. REPLACEMENT _- 7. LAUNDRY FACILITIES - B. RF.CRF.ATIONAL - — __- FACILITIES _ 9. A =.MINISTRATION 10. PARKING - -- - - -- -- - _ 11. SECURITY SERVICES - - - 12. 61PLOYEE SERVICES 13. INSURANCE - - - -14. PROPERTY TAXES - - — 15. O.HER GOVERNMENT ASSESSMENTS 16. OTHERk - - - 17. SUisTOhAL - 0 6 M" - - - - - -- - - - - - - - 18: LESS )THER INCOME. 19 TOTAL --NET- 0 —& MO* - -- - -- - -- -- 20. TOTAL. PER SPACE. (DIViDF.D B1' SPACES) 11. TOtAI._I'ER 1PALE 1'hR MuNTu (DIVIUF e) 121 - - - -- -"--- _ * Itemize in Pdrt V - - -- -- - - - - — -_ -- - " 0 & M = OPERATION & MAINTENANCE FORM 1 of 2 Parc ice. c 2 KENT SCHEDULE FORM - Pert 11 (Continued) B. COSTS DURING 12 MONTH PERIOD PRECEDING THAT COVERED IN PART 11 TO Mo Yr. Mo. Yr. OPERATION & MAINTENANCE. QUARTER QUARTER _QUARTER _QUARTER TOTAL 1. IICIL[TIES _Water _ Natural Gas _Electricity 2. REFUSE REMOVAL 3. M INTENANCE /PAINTING 4. LANDSCAPING 5. REPAIRS 6. RFPL.ICEMENT - - - - - — - — -- J. LAUNDRY FACILITIES - 8. RFCREATIONAL ^ FACILITIES 9. ADMINISTRATION 10. PARKING 11. S`.';UtITY SERVICES 12. EMPLOYEE SERVICES 13. INSURANCE 14. PROPERTY TAXES - - — - — — - — - 15. 0111ER GOVERNMENT ASSESSMENTS ' 16. OTHER* - — - — - - — - — - 17. SUIiTJTAL - 0 & M •+ — -- — - — - - - -- - -- — - —�- 18. OTHER INCOME _ ,19. TO'CA,. - NET 0 & M •+ - — - - — - --- - � - -- - 20. TO'CA. PER SPACE (DTVTDED BY - SPACES) 21. TOTAL PER SPACE PER MONTH (DIVIDE BY 12) * Itemize in Par V -- - •• Operation & Maintenance Increase in Operation and Maintenance Costs %Subtract line 21 Part B from line 21 Part A) _ - RENT .E FORM Part RENT SCHEDULE FORM - Part III DETERMINATION OF INCREASE IN REMAINDER OF RENT This part calculates the "remainder," component which is that portion of the space rent not attributed to operation and maintenance costs. Attach( supporting documentation to justify the requested increase and label it "Part VII ". A. List the categories of mobile homelots (e.e., corner lot, view lot, etc.) for which different rents arc charged. B. List the current monthly space rents. C. isr the current monthly operation and maintenance costsfrom Part II -A, line 21. D. Multiply "D" by the proposed percentage increase and list the percentage of increase in "R" 3 "F. ". I A. TYPE OF LOT B. CURRENT SPACE RENT, BY TYPE OF LOT C. 06M COSTS D REMAINDER F: 1. 2. S. i. INCREASE RLNT S(:HF.DIJLE FORM - Part IV PROPOSED NEW SPACE RENT A. Li.>I. current space rents, by category (same as Part III -B). B. Li;L the operation and maintenance costs increase calculated in Par I1. -A. C. Liv: the proposed amount of increase in the remainder, from Part III -E. D. Di:•rmine the proposed new space rent by adding A,B, and C. F.. Li,- the number of lots in each category. 'err -imine the - proposed total rental tncume Dy multiplying "D" time "F. ". A. CURRENT SPACE B. ERA "V b C, REILAINDER D. NEW SPACE RENT, BY MAINIENM9ff INCREASE RENT t - - TYPE OF LOT LNCREASE 1. 2. 3. 4. S. KEN I S(.II I- L) .t. Part E. NUMBER OF F. TOTAL. LOTS BY 'TYPE KENT SCHEDOLE FORM - PART V 1TEMI7.l.TlON ltemizi: any operation and maintenance costs listed on Line 16 of Part I1, Sections "A" and /or "B ". if 1. 2. 3. 4. S. KENT SC' r. FORM PART RENT` SCHEDULE FORM Part VI RENT SCHEDULE FORM PART VI LEASED PARK SPACES (MORE T}IAN M0N':'d- TO -XONTH TENANCY) RENT SCHEDULE FORM Parr I RENT SCHEDULE FORM - Par: V:1l Summary of Existing and Pr.iposed Rents for Each Space RENT SCHEDULE FORM - Par! VI! Supporting Documentation (,.ttach additional sheets as necessary). i RENT SPREDULEIpRM Part I EXHIBIT "D" Page 1 of 2 pages AMORTIZATION SCHEDULE PART I - DESCRIPTION AND JUSTIFICATION THAT THE IMPROVEMENT OR WORK IS CONSISTENT WITH THE DEFINITION OF EITHER A CAPITAL IMPROVEMENT OR REHABILITATION WORK PART II TOTAL COST PART III - JUSTIFICATION FOR THE PERIOD OF AMORTIZATION PART IV - DESCRIPTION OF FINANCING (Interest Rate, Term, etc.) Note: Attach additional sheets for each Part as needed PART V - Total Cost of $ EXHIBIT "D" (Continued) AMORTIZATION SCHEDULE Page 2 of 2 pages COST FOR EACH SPACE ON A MONTHLY BASIS Divided by Equals E Space No. Cost per Month Spaces, Divided by _Months Per Space Per Month i No. of Months of Total Cost Amortization Per Space EXHIBIT "E" CITIZEN'S COMPLAINT i Possible Violation of Mobile Home Park Rent Increases Section 5.04.040 (A) of Chapter 4 of Title 5 of the Moorpark Municipal Code states. "On and after the effective date of this Chapter, it shall be unlawful for any owner to (i) increase any space rent, and no increase in space rent shall be effective, unless approved by the Board as set forth in this chapter , or (i.i) fail to comply with any provision of this Chapter." If you believe there has been a violation of said Chapter, please fill out this complaint form completely and return to Community Development Department, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. LOCATION OF COMPLAINT Name of Mobile Home Park: Address: NATURE OF COMPLAINT Space Rent as of $ per month ( Date of Complaint Date of Notice of Rent Increase: Was notice oral? or written? (If written, include copy) What is new space rent? per month What is effective date of the increase? Is there other correspondence related to the rent increase? (If yes, include copies) MOBILE HOME PARK OWNERS /MANAGERS (if known) Name of Park Manager: i Address of Manager: Phone: ( ) Name of Park Owner: Address of Owner- one: I MOBILE HOME RENTERS` ASSOCIATION (if known) Name of Association: Address: Phone: Name of Association President or Chair Address: Phone: i NAME OF PERSON SUBMITTING THIS INFO13MATION Name: Do you own your'coach ?_yes_no Ad(lt:,ss: Phone: ( ) ARE YOU WILLING TO TESTIFY SHOULD LEGAL ACTION RESULT? yep no Date: Signature of person submitting information Oh STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 85 -231 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 7th day of October , 19 85 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 7th day of October , 19 85 i City 'Clerk