HomeMy WebLinkAboutAGENDA REPORT 1996 1016 CC REG ITEM 10LAGENDA REPORT
CITY OF MOORPARK
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TO: Honorable City Council /�,�'
FROM: Nelson Miller, Director of Community Developme4l'
Deborah S. Traffenstedt, Senior Planner DST
DATE: October 8, 1996 (CC Meeting of 10- 16 -96)
SUBJECT: CONSIDER ESTABLISHMENT OF AN AD HOC COMMITTEE /REVIEW
PANEL CONSISTENT WITH THE PROVISIONS OF CHAPTER 5.52,
MOBILEHOME PARK RENT STABILIZATION, SECTION 5.52.140,
HARDSHIP TO TENANT, OF THE MOORPARK MUNICIPAL CODE
Background
Chapter 5.52, Section 5.52.140 (attached), of the Moorpark
Municipal Code sets forth a procedure for mobilehome park tenants
to file a "Statement of Hardship," with the mobilehome park owner,
prior to the effective date of a proposed rent increase. The
Statement of Hardship is required to identify whether the proposed
rent increase constitutes an unreasonably severe economic hardship
on the tenant, and the Code defines that 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 and the regulations pertaining thereto, or any successor
program, shall be deemed to be suffering under unreasonably severe
economic hardship. If the mobilehome park owner does not agree to
reduce the proposed rent adjustment, a "review panel" is to be
convened, which is to consist of the Mayor, a councilmember
selected by the Mayor with approval of the City Council, and the
owner (reference attached code section).
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Honorable City Council
October 8, 1996
Page 2
Discussion
Several Statements of Hardship have been filed with the Villa Del
Arroyo Mobilehome Park owner this year. In anticipation that one
or more of the filed Statements will need to be considered by a
review panel, pursuant to Section 5.52.140 of the Municipal Code,
staff is requesting that an Ad Hoc Committee /Review Panel be
established. As set forth in the Municipal Code, the Mayor should
select the councilmember that would serve on the Committee, with
approval of the City Council.
Staff Recommendation
Mayor shall select a councilmember, with approval of the City
Council, for an Ad Hoc Committee /Review Panel to consider
Statements of Hardship pertaining to proposed rent adjustments.
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5.52.110
5.52.110 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. 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, irregular-
ity, 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 examina-
tion 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. (Ord. 171 § 1 (part), 1993)
5.52.120 Notice to new tenants.
Prior to, or at the time of, agreeing to rent a mobilehome
park space to a new tenant, the owner shall provide the
new tenant with a copy of this chapter, as currently in force.
(Ord. 171 § 1 (part), 1993)
5.52.130 Tenant's right of refusal.
A tenant may refuse to pay any increase in space rent
which is in violation of this chapter. Such refusal to pay
shall be a defense in any action brought to recover posses-
sion of a mobilehome park space or to collect the space
rent increase. (Ord. 171 § 1 (part), 1993)
5.52.140 Hardship to tenant.
A. Statement from Tenant. 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 hardship with the
mobilehome park owner not less than forty-five (45) days
prior to the effective date of the proposed adjustment. The
statement shall identify whether all, or a portion, of the
proposed adjustment constitutes an unreasonably severe
economic hardship on the tenant. The statement shall be
accompanied by a copy of the tenant's two (2) most recent
federal tax returns together with all other documentation
that the tenant believes is relevant to establishing the
hardship.
B. Request for Review from Owner. Within ten (10)
days after the statement is filed, the owner shall either notify
the tenant that the adjustment shall be reduced by the
amount identified in the statement or shall file with the
board a request to convene a review panel. The panel shall
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consist of the mayor, a councilmember selected by the
mayor with approval of the city council and the owner.
C. Process of Review. The review panel, with the mayor
acting as presiding officer, shall meet and confer with the
tenant at a place on the mobilehome park grounds furnished
by the owner for that purpose. The date and time of the
meeting shall be 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 shall hear from the tenant. If the panel determines that,
on balance, the proposed adjustment constitutes an unreason-
ably severe economic hardship on the tenant, it may by
majority vote order that the adjustment, or any portion
thereof, be waived. The decision of the panel shall be final.
D. Basis for Determination. Any tenant whose house-
hold 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 unreason-
ably severe economic hardship. The burden of proof in
establishing any other form of unreasonably severe econom-
ic hardship shall be on the tenant. (Ord. 171 § 1 (part),
1993)
5.52.150 Retaliatory eviction.
Notwithstanding Section 5.52.130 of this chapter, 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 chapter. Further, the
determination that the action was brought in retaliation
for the exercise of any rights conferred by this chapter 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 5.52.060 or 5.52.070 of
this chapter, including a determination made as a result
of a petition filed with the board by a tenant pursuant to
Section 5.52.050 of this chapter, shall be presumed to be
retaliatory. This presumption affects the burden of proof
and is rebuttable by the owner. (Ord. 171 § 1 (part), 1993)
5.52.160 Civil remedies.
If any owner demands, accepts, receives or retains any
payment of space rent in excess of the maximum approved
by the board under this chapter, 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
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