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Home My WebLink AboutRES CC 1991 766 1991 0605C RESOLUTION NO. 91 -766 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 MOBILE HOME RENT REVIEW BOARD FOR RENT INCREASES UNDER CHAPTER 5.52 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE WHEREAS, Chapter 5.52 of Title 5 of the Moorpark Municipal Code contains requirements for mobile home park rent regulation in the City of Moorpark; and WHEREAS, existing administrative requirements pertaining to rent increase applications and amortization of Capital Improvements and Rehabilitation Work need to be revised to be consistent with the latest revisions to Chapter 5.52 of Title 5 of the Moorpark Municipal Code; and WHEREAS, Resolution No. 85 -231 previously established such administrative requirements pertaining to rent increase application and amortization of Capital Improvements and Rehabilitation Work pursuant to the Moorpark Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 85 -231 is hereby rescinded, and the following requirements are established in order to enable the Mobile Home Park Rent Review Board and City Staff to more efficiently review requests by mobile home park owners (hereinafter referred to as "owner" or "landlord ") for rent increases. I. 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 reas->nable accounting standards. The application and materials attached to the application must be certified by the applicant as acc«rate 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 the original document from which any photocopy was made and all documents, papers, or written memoranda which support or are evidence of claimed expenses of anv nature. C � 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 of 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. 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 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 Chapter 5.52 of Title 5 of the Moorpark Municipal Code 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. 3. FORMS The forms contained in the following exhibits, which are attached hereto and made a part hereof, shall be used as applicable pursuant to the instructions contained in Section I.4, hereinafter set forth. 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 - ITEMIZA`T`ION PART VI - LEASED PARK SPACES PART VII - SUPPORTING DOCUMENTATION PART VIII - SUMMARY OF EXISTING AND PROPOSED RENTS FOR EACH SPACE PART IX - Cl'RT- FICATI(�N 14 c EXHIBIT 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 - MONTHLY BASIS EXHIBIT E - CITIZENS COMPLAINT The forms contained in attached Exhibit E - CITIZEN'S COMPLAINT, shall be used for citizen's complaints relative to possible violations of Chapter 5.52, Title of the Moorpark Municipal Code. 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 Chapter 5.52 of Title 5 of the Moorpark Municipal Code: Section 5.52.050 - Standard Space Rent Increase A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - PARTS 1, VI, VII, VIII, AND IX Section 5.52.060 - Determination of Allowable Operation and Maintenance Increases A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - all parts Section 5.52.070 Discretionary Space Rent Increases A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - all parts Section 5.52.080 - Amortization of Capital Improvements and Rehabilitation Work A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE D - AMORTIZATION SCHEDULE - all parts l 5. SUPPORTING DOCUMENTATION The supporting documentation referred to in Subsection A(2)(b) of Section 5.52.060 (Remainder component), and Subsection A(2) of Section 5.52.070 (Discretionary Space Rent Increases) of Chapter 5.52, Title 5 of the Moorpark Municipal -ode, 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 t.o: (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 insurance. (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 5.52. (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 II. This resolution shall take effect immediately. SECTION III. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 5th day of JUNE, 1991. Mayor of the City' of Moorpark, California ATTEST: ? oa c.c v° Q J 1 City C_��I , _ _ - _ - -• CI LIST OF ATTACHMENTS TO RESOLUTION NO. 91 -766 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. fc)r Each Space on a Monthly Basis E CITIZEN'S COMPLAINT c � EXHIBIT "A" NOTICF. OF REQUEST FO:t RENT INCREASE DATE: 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 5.52 of Title 5 of the Moorpark Municipal Code), notice is hereby given that the rent for Space No. wi11 be increased from $ to 5 per month, effective 19 , upon approval of this Request by the City of Moorpark. Date of last increase was The Owners of Mobile Home Park are filing a rent increase application with the City of Moorpark for approval of a rent increase consistent with one of the following Municipal Code provisions: ( } Section 5.52.050 - Standard Space Rent Increase A non - discretionary space rent increase which does not exceed the greater of 4 percent or the adjusted Consumer Price Index ( "CPI ") of the total space rent of each affected mobile home park space, provided that the adjusted CPI means the full CPI above 4 percent up to and including 7 percent and two- thirds of the CPI above the 7 percent up to and including IF percent for a maximum total increase of 14.33 percent. (_) Section 5.52.060 - Allowable Operation and Maintenance and Remainder Increases A formal public hearing before the Mobile Home Rent Review Board will be held on the requested increase no later than 45 days after receipt of this notice. ( ) Section 5.52.070 - Discretionary Space Rent Increase A formal public hearing will be held before the Mobile Home Rent Review Board 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 5.52.060 shall be applicable. It shall be the responsibility of the owner to provide sufficient documentation to j,stify the requested increase. (_) Section 5.52.080 - Amortization of Capital Improvements and Rehabilitation Work A formal public hearing before the Mobile Home Rent Review Board will be held on the requested increase no later than 45 days after receipt of this notice. The same procedures set forth in subsection B (1), (2), (3), and (4) of Section 5.52.060 shall be applicable, except that the owner shall file an Amortization Schedule, showing that the improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work pursuant to Chapter 5.52 of Title 5 of the Moorpark Municipal Code, and also showing the total cost of the item(s) ar.f the amortization of the cost on a monthly basis for each affect •d space. For each of the foregoing rent increase provisions, this notice must be filed, personally or by mail, with each affected tenant. not less than 75 days prior to the effective date of any proposed rent .creast :. A copy of the Rent Schedule Forms and supporting documentation is available to any affected tenant free of charge upon r flueFlt at the Mobile Home Park Owner's office, at If you have any concerns regarding the proposed rent increase, or to learn to location, date and time of the Mobile Homc• Rent Review Board hearing (if required), you may contact the cit,,- o Mc- :aaik, Department of Community Deve_opmon, , at ( 9_.05 ) 29 -i A54 . STATE OF CALIFORNIA COUNTY OF VENTURA FXHIBIT "•t" PROOF OF SE. '1 I AM OF STATE RELATIONSHIP MY BUSINESS /RESIDENCE ADDRESS IS `;AME OF MOBILE HOME PARK On the dates indicated below, I served the Not-ce of Request for Rent Increase upon each affected tenant of the above named inobile 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 describ -d. Tenant's Name Address Method and Date of Service (Each resident must be served and listed s- parately) I declare under penalty of perjury that the foregoing is true and correct. Executed on _ at _ Date Signature Print Name Place A. PARK: NAME ADDRESS EXHIBIT 'C" RENT SCHEDULE FORM - Part I MOBILE HOME PARE DESCRIPTION B. PARK DESCRIPTION: NO. OF SPACES DATE OPENED DATE ACQUIRED BY PRESENT OWNER C. MANAGER: NAME ADDRESS TELEPHONE D. OWNER: NAME ADDRESS — - -- - — TELEPHONE E. CONTACT PERSON: (If different from above.) NAME ADDRESS TELEPHONE C EXHIBIT "C" - RENT SCHEDULE FORM - Part II Page 1 of 2 Determina, n of Operation and Maintenance Costs - The inten f Part II is to determine the increase in operat . and �nain'Lenance costs in the preceding 24 months. It is not a projection of anticipated or future increases. For example, if the application is for a rent increase to be effective April 1, 1984, then Part A would represent the 1983 calendar year, and Part B would be the 1982 calendar year. The twelve month period may begin with any month, but must be consistent from Section A to Section B. A. COST DURING PRECEDING 12 MONTHS: TO MONTH YEAR MONTH YEAR c)PERATION & MAINTENANCE_ QUARTER QUARTER — _ QUARTER QUARTER _ TOTAL _ 1. UTILITIES - Water Natural Gas - -- Electricity - - - -- - -- - -- - -- - - - - - -- ----------- -... -- - 2. REFUSE REMOVAL 3. MAINTENANCE PAINTING 4. LANDSCAPING 5. REPAIRS 6. REPLACEMENT LAUNDRY FACILITIES RECREATIONAL FACILITIES ?, ADMINISTRATION NARKING 11. SECURITY SERVICES 12. EMPLOYEE SERVICES 13. INSURANCE la. PROPERTY TAXES 15. OTHER GOVERNMENT ASSESSMENTS 16. OTHER* 17. SUBTOTAL - 0 & M ** 18. LESS OTHER INCOME 19. TOTAL - NET O & M ** 20.TOTAL PER SPACE (DIVIDED BY SPACES) 21. TOTAL. PER SPACE PER MONTH (DIVIDED BY 12) *Itemize in Part V * *0 & M = operation & Maintenance FY.HIBIT "C" - RENT SCHEDULE FORM - Part II ( Continued) Page 2 of 2 B. COST L :NG 12 MONTH PERIOD PRECEDING THAT COVERED IN PAR I: TO MONTH YEAR MONTH YEAR c):,ERATION & MAINTENANCE QUARTER QUARTER QUARTER QUARTER TOTAL 1. UTILITIES Water Natural Gas -- - Electricity - -- --- - - - - -- — - - - - -- - - - --- t. REFUSE REMOVAL 'AINTENAN_ PAINTING 4. LANDSCAPING �. REPAIRS - --- - - - - -- .. -- - - - -- - -- - -- 6. REPLACEMENT i. LAUNDRY FACILITIES RECREATIONAL FACILITIES ADMINISTRATION ;'ARKING - - - - zECUP.ITY SERVICES -EMPLOYEE SERVICES i3. INSURANCE 14. PROPERTY TAXES 15. OTHER GOVERNMENT ASSESSMENTS '6. OTHER* :7. SUBTOTAL - O & M ** 18. LESS OTHER INCOME 19. TOTAL - NET O& M ** 20.1'OTAL PER SPACE (DIVIDED BY SPACES) 21.TOTAL PER SPACE PER MONTH (DIVIDED BY 12) *Itemize in Part V * *O & M = Operation & Maintenance Tncrease in 0 & M Cote (Subtract line 21 Part B from line 21 Part A EXHIBIT "C" REN -'HEDULE FORM - Part III Determination of Increase in Remainder of Rent - This part calculates the "remainder," .-omponent 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 home lots (for example, corner lot, view lot, etc.) for which different rents are charged. B. List the current monthly space rents. C. List the current monthly operation and maintenance costs from Part II -A, line 21. D. Multiply "D" by the proposed percentage increase and list the percentage of increase in "B" & A. TYPE OF LOT B. CURRENT SPACE C. O &M D. REMAINDER E. —% INCREASE RENT, BY TYPE COSTS OF LOT 1. 4. 5. Wk EXHIBIT "C" REN' 7HEDULE FORM - Part IV PROPOSED NEW SPACE RENT A. List current space rents, by category (same as Part III -B). B. List the operation an maintenance costs increase calculated in Part II -A. C. List the proposed amount of increase in the remainder, from Part III -E/ D. Determine the proposed new space rent by adding A, B, and C. E. List the number of lots in each category. F. Determine the proposed total rental income by multiplying "D" times "E ". A. CURRENT RENT B. OPERATION & C. REMAINDER D. NEW SPACE E. NUMBER OF LOTS F. TOTAL BY TYPE OF MAINTENANCE INCREASE RENT BY TYPE LOT 1. 2. 3 V . i EXHIBIT "C" :T SCHEDULE FORM - Part V ITEMIZATION Itemize any operation and maintenance costs listed on Line 16 of Part II, Sections "A" and /or "B ". OPERATION & _ QUARTER QUARTER QUARTER QUARTER TOTAL MAINTENANCE 1. 2. 3. 4. J EXHIBIT "C" AT SCHEDULE FORM - Part VI Leased park spaces (more than month -to -month tenancy). SPACE /LOT NO. LEASE AMOUNT LEASE EXPIRES 1. 2. 3. 4. 5. l EXHIBIT "C" FLINT SCHEDULE. FORM - Pa:'t V'_ I Supporting Documentation (attach addi ional sheets as necessary). EXHIBIT "C" RENT SCHED'J'_.E FORM - Part VIII Summary of Existing and Proposed Rents for Each Space Space No. Existing Rent Proposed Rent % Increase EXHIBIT "C" - RENT SCHEDULE FORM - CERTIFICATION The information supplied in this applic,at:tjn is computed in the same manner that the books and records of the mobile home ..ark a-e kept for income tax purposes; said information is taken from the books a- ri records of the mobile home park, and there have been no changes in the accourt •:g c.sed for accounting years reported herein. The effective date of the last previcus re-!- L;icrease at the mobile home park was I hereby certify under penalty of perjury --hat the foregoing statements are true and accurate to the best of my knowledge ind be•li,�f. Signature Printed Name Title Date Location of Records C EXHIBIT 'D" AMORTIZATION CHEUU .-,E Part I Description and justificatioi that the improvement or work is consistent with the definitio! of Feuer a capital improvement or rehabilitation work. Part II Total Cost Part III Justification for the peri3d amort-zation. Part IV Description of financing (int(-res* :-ate, term, etc.) NOTE: ATTACH ADDITIONAL SHEETS FOR EACH FART AS NEEDED. f (. EXHIBIT "D' (Cor.• i m; :i ) AUTHORIZATION Part v - Cost for each spa( j monthly basis. Total Cost of $ Divided by Spaces, Divided by Months Equal!; $ rr :::,!ce+ Per Month Space No. Cost per Month No. o' Total Cost Ar:>>:: a- Per Space ATTACH ADDITIONAL SHEETS AS NEEDED CEXHIBIT "E" CI"'IZEN'S Cc >M ?:.'•. "�T Possible Violation of Mol i:e ctc:7-, :'ark Rent Incrt�ase Section 5.52.040 (A) of Chapter 5.52 of Title 5 of =neMoorpark Municipal Code states: "On nd after the effective date of this Chapter, Lt !-.hall be unlawful for any owner to (i) icrease any space rent, and no increase in .:pace rent shall be effective, unless the increase is made in compliance with the provis,i ns ), tl.i<.; Chapter, or (II) fail to comply with any provision of this Chapter." If you believe there has been a violation of s..Ld Chapter, please fill out this complaint form completely and return to community Deve o pm*�nl 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 (date of complaint) Date of Notice of Rent Increase: _ Was notice oral? or written? _ _ _ _ (If written, incLude copy) What is new space rent? per • nonth. What is effective date of the increase? Is there other correspondence related to the resit increase? (If written, include copies) per month )BILE HOME _PARK OWNERS /MANAGERS (if known name of Park Manager: _ Address of Manager: Telephone No.: Name of Park Owner: Address of Owner: Telephone No.: MOBILE HOME RENTERS, ASSOCIATION (if known Name of Association: Address: Telephone No.: Name of Association President or Chair: Address: Telephone No.: NAME OF PERSON SUBMITTING THIS INFORMATION Name: Do you cwn your mobile home? yes no Address: Telephone No.: .E YOU WILLING TO TESTIFY SHOULD LEGAL ACTION RESULT? yes_ no Date: S: 7.ature of person submitting information,. C - : MOORPARK 799 Moorpark Aver,i r �.I( n.,r ::; :f(>mia 93021 (805) 5296864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OY MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. _9i -766 _ _ was adopted by the City Council of the City of Moorpark at meeting held on the 5th day of JUNE _ 1 ?� 1 , and that the same was adopted by the following vot( AYES: COUNCILMEMBERS MONTGOMERY PEREl, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE this WITNESS my hand and the ()fficial seal of said City 6th day of JUNE —_. -- -- —_ _ -1 1991. Lillian 1'. Fe 1 lerm n City Clei h //_ 1.. C y, C r i r, '•� � C i7 ;i %7NAN(q N % f %4! W N I',( •!r G. I TA( i f Y JI, J(j IN i "r,, r.IkK