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
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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
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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
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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.
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(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
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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;
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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
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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
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