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HomeMy Public PortalAbout79-485U ORDINANCE NO. 79-485U AN ORDINANCE OF THE CITY OF CARSON REGULATING RENT INCREASES AND EVICTIONS RELATING TO MOBILEHOME SPACES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS : Section 1 . Article IV of the Carson Municipal Code is amended by adding Chapter 7 to read: CHAPTER 7 - MOBILEHOME SPACE RENT CONTROL 4700 . Short Title. Chapter 7 of Article IV of the Carson Municipal Code may be cited as the "Mobilehome Space Rent Control Ordinance" of the City of Carson. 4701 . Definitions . For the purposes of this. chapter , the following words, terms , and phrases shall be defined as follows: ( I) Board shall mean the Mobilehome Park Rental Review Board of the City of Carson. (b) Capital Improvement shall mean any addition or betterment made to a mobilehome park which consists of more than mere repairs or replacements of existing facilities or improvements and which has a useful life of five or more years . (c) Department shall mean the Community Development Department of the City of Carson. (d) Mobilehome shall mean a vehicle, other than a motor vehicle or recreational vehicle, designed or used for human habitation. ( e) Mobilehome Park shall mean any area of land within the City of Carson where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. ( f) Mobilehome Space shall mean the site within a mobilehome park intended , designed , or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. (g) Owner shall mean the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner' s or operator ' s behalf in connection with the maintenance or operation of such park . (h) Rehabilitation Work shall mean any renovation or repair work completed on or in a mobilehome park which was performed in order to comply with the direction or GWS12-12A ORD. NO. 79-485U/Page 2 order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty. ( i) Rent shall mean the consideration paid for the use or occupancy of a mobilehome space. (j ) Tenancy shall mean the right of a tenant to use or occupy a mobilehome space. ( k) Tenant shall mean a person who has a tenancy in a mobilehome park. 4702 . The Mobilehome Park Rental Review Board . ( a) The Mobilehome Park Rental Review Board is hereby established and shall consist of fifteen members. Five members shall be tenants; five members shall be owners; and five members shall be neither tenants nor owners. (b) Each member of the Board shall be appointed by a majority vote of the City Council for a term to end on the 30th day of June , 1980 , and therafter for one year terms to end on June 30 of each year , and until a successor is appointed. Any member may be removed, with or without cause, by a majority vote of the City Council . Should a vacancy exist on the Board, an appointment shall be made by a majority vote of the City Council for the unexpired portion of the term. The compensation of Board members shall be determined by the City Council . (c) The Board shall establish the time of any hearings or meetings held pursuant to this chapter and such hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge its duties hereunder . (d) The Board shall elect one of its members as chairman and said election shall be held as soon as practicable after each new term commences. Nine members shall constitute a quorum for the purpose of conducting a hearing or meeting . The decisions of the Board shall be determined by a majority vote of the members present. (e) The duties and responsibilities of the Board shall include the following : (1) The Board shall make, any recommendations it deems appropriate to the City Council regarding the imple- mentation and enforcement of the provisions of this chapter . ( 2 ) The Board shall hear all rent increase applications and determine whether to approve or disapprove a rent increase in the manner provided by Section 4704 . 4703 . Base Rent. Except as hereinafter provided, an owner shall not demand , accept, or retain rent for a mobilehome space exceeding the rent in effect for said space on May 1 , 1979. If a previously rented mobilehome space was not rented on May 1 , 1979 , the owner shall not demand, accept, or retain rent for said space exceeding the rent in -2- - GWS12-13A ORD. NO. 79-485U/Page 3 effect during the last month the space was rented prior to May 11 1979 . If a mobilehome space is rented for the first time after May 1 , 1979 , the owner shall not demand, accept, or retain rent for said space exceeding the rent first charged for the space . 4704 . Permitted Rent Increases Based Upon an Application Approved by the Board. (a) An owner may file with the Department a rent increase application for one or more mobilehome spaces for approval by the Board. (b) An application for a rent increase pursuant to this section shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee of one hundred dollars; provided, however, that no fee shall be charged for applications filed within the first one hundred eighty (180) days after the effective date of this chapter . Said application shall specify the address of the mobilehome park , the space number or numbers for which rent is requested to be increased, the amount of the requested rent increase, and the facts supporting the requested increase. The applicant shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may deem necessary for the Board to make a determination whether to approve a rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department. (c) Upon receipt of a rent increase application, the Department shall mail a notice to the affected tenants at the mobilehome spaces designated in the application, informing them of the receipt of such application, the amount of the requested rent increase, a brief summary of the owner ' s justification for the request, any supporting documents which may be inspected at the City Hall , the tenant' s right to submit written statements or documents relating to the application within thirty days after the date the notice is mailed, and the address where such statements or documents may be mailed or delivered . (d) The Department shall determine within thirty days after receipt of a rent increase application whether said application is complete. If the Department determines that an application is not complete, it shall notify the appli- cant in writing as to what additional information is required. ( e) A copy of each rent increase application shall be provided to each member of the Board after such application is determined to be complete. The Board shall hold a hearing on said application within sixty days after such determination is made except as provided in subsection ( i ) . Notice of the time, date, and place of the hearing shall be mailed to the applicant and the affected tenants at the mobilehome spaces designated in the application at least ten days prior to the hearing. ( f) At the hearing, the applicant and the affected tenants may offer any testimony, documents, written -3- GWS12-14A ORD. NO. 79-485U/Poge 4 declarations, or other evidence that is relevant to the requested rent increase . Formal rules of evidence shall not be applicable to such proceedings . Except as provided in subsection ( i) , within fifteen days after the close of the hearing, the Board shall make its determination, pursuant to the standards established by subsection (g) of this section, approving or disapproving a rent increase for the mobilehome space or spaces specified in the rent increase application. (g) The Board shall approve such rent increase as it determines to be just, fair and reasonable . The Board shall consider the following factors, in addition to any other factors it considers relevant, in making such deter- mination: (1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics. ( 2) The Voluntary Pay and Price Standards promulgated by the President of the United States or any other lawfully established state or federal government wage and price guidelines. (3 ) The rent lawfully charged for comparable mobilehome spaces in the City of Carson. (4 ) The length of time since the last rent increase for the mobilehome space or spaces specified in the rent increase application. ( 5 ) The completion of any capital improve- ments or rehabilitation work related to the mobilehome space or spaces specified in the rent increase application, and the cost thereof, including such items of cost, including materials, labor, construction interest, permit fees and other items as the Board deems appropriate. (6 ) Changes in property taxes or other taxes related to the subject mobilehome park . (7 ) Changes in the rent paid by the applicant for the lease of the land on which the subject mobilehome park is located. (8 ) Changes in the utility charges for the subject mobilehome park paid by the applicant and the extent, if any, of reimbursement from the tenants. ( 9 ) Changes in reasonable operating and maintenance expenses . (10 ) The need for repairs caused by circum- stances other than ordinary wear and tear . ( 11 ) The amount and quality of services provided by the applicant to the affected tenant. ( 12 ) Any existing written lease lawfully entered into between the applicant and the affected tenant. -4- GWS12-15A ORD. NO. 79-485U/Page 5 (h ) Notice of the Board' s determination shall be mailed to the applicant and all affected tenants at the mobilehome spaces designated in the application. The determination of the Board shall be final . M In the event that the Board is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by subsections (d)- ( f) of this section, and after the thirty days for the tenant to file statements or documents in opposition to the application under subsection (c) shall have expired, the Board may approve such interim rent increase for the mobilehome space or spaces specified in said application which clearly appears to be warranted when the factors set forth in subsection (g) of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the Department by the affected tenants , and any other facts known to the Board . An approved interim rent increase shall expire on either ( 1) the last day of the month within which the Board makes its final determination disapproving a rent increase, or ( 2 ) the effective date of a rent increase which is approved by a final determination of the Board. ( 1 ) The time within which the Board may conduct a hearing as provided in subsection (e) or make its deter- mination as provided in subsection ( f) may be extended twice by the Board for periods of time not to exceed sixty days each if the Board approves an interim rent increase pursuant to subsection (h) . 4705 . Fees . A tenant whose tenancy is not regulated by the provisions of the Mobilehome Residency Law (Civil Code Sections 798-799 . 6 ) shall not be charged a fee for anything other than rent or utilities with the exception of incidental reasonable charges for services actually rendered. 4706 . Permissible Reasons for Terminating or Refusing to Renew a Tenancy. ( a) A tenancy which is not subject to the provisions of the Mobilehome Residency Law (Civil Code Sections 798-799 . 6 ) shall not be terminated nor shall its renewal be refused, except for one or more of the following reasons: (1) Failure of the tenant to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the tenant receives a notice of noncompliance from the appropriate governmental agency. ( 2 ) Conduct by the tenant, upon the mobilehome park premises, which constitutes a substantial annoyance to other tenants. (3 ) Failure of the tenant to comply with a reasonable rule or regulation of the mobilehome park . No act or omission of the tenant shall constitute such a failure to comply unless and until the owner has given the tenant written notice of the alleged rule or regulation violation and the -5- GWS12-16A ORD. NO. 79-485U/Page 6 tenant has failed to adhere to the rule or regulation within seven days . (4 ) Nonpayment of rent, utility charges, or reasonable incidental service charges. ( 5 ) Condemnation of the mobilehome park . ( 6 ) Change of use of the -mobilehome park , provided: (A) The owner gives the tenant written notice of the proposed change twelve months or more before the date of the proposed change. (B) The owner gives each proposed tenant whose tenancy will commence within twelve months of the proposed change, written notice thereof prior to- the incep- tion of his tenancy. (b) Notice of termination or refusal to renew must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure at least sixty days prior to the termination .date of the tenancy. Said notice shall state the date the tenancy terminates , the reason for the terminaton or refusal to renew, and the specific facts upon which the owner is relying . 4707 . : Refusal of Tenant to Pay Illegal Rent. A _tenant may refuse to pay any rent in excess of the maximum rent permitted by this chapter . The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the illegal rent. 4708 . Remedies . ( a) Any person who demands, accepts or retains any payment of rent in violation of the provisions of this chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court. (b) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable in the manner provided by Section 1200 of the Carson Municipal Code . 4709 . City Council Review of this Chapter . The City Council shall review the provisions of this chapter six months after the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following : ( a) Whether mobilehome space rent control continues to be necessary to protect the public health, safety, and welfare; -6- GWS12-17A ORD. NO. 79-485U/Page 7 (b) Whether the implementation of the provisions of this chapter have been adequate; and (c) Whether the provisions of this chapter should be amended to provide more effective regulation or to avoid unnecessary hardship. Section 2 . There exists in the City of Carson and the surrounding area a shortage of mobilehome spaces which has resulted in a low vacancy rate and rapidly rising space rents. The purchase of a mobilehome involves a substantial investment, and its relocation is expensive and difficult. On May 23, 1979 , the City adopted a ninety- day mobilehome space rent moratorium so that the purpose and intent of this ordinance would not be undermined or defeated prior to its adoption. On July 30, 1979, the moratorium was extended to November 19 , 1979 . Unless this ordinance takes effect immediately, however, a number of mobilehome park owners may suffer unnecessary hardship since the moratorium prohibits mobilehome space rents from exceeding the rents in effect on May 1 , 1979 . Further, any delay in the implementation and enforcement of this ordinance will continue the uncertainty that now exists between owners and tenants in the mobilehome parks within the City. This ordinance affects the public peace, health, and safety and shall take effect immediately. PASSED, APPROVED, AND ADOPTED this 20th day of August, 1979 . q4 OR ATTEST: CLERK -7- ORD. NO. 79-485U/Page 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) 1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 79-485U was duly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council, duly and regularly held on the 20th day of August, 1979, and that the same was so passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Bridgers, Marbut, Smith and Colas NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Yamamoto ity Clerk, City of Carson, California p -8-