Azusa Municipal Code Div. 2 Rent Stabilization

(a) Purpose. It is the purpose of this division to facilitate the establishment of fair and reasonable rents within mobilehome parks within the city. Furthermore, it is the intent of this division to maintain the character and quality of the city's mobilehome parks, providing park owners reasonable rent increases and park residents the security of rent review.

(b) Applicability. This division shall apply to all mobilehome park owners and mobilehome owners in mobilehome parks within the city, unless otherwise exempted by state law or the provisions of this division.

This division also applies to a mobilehome spaces containing recreational vehicle, as defined in Health and Safety Code § 18010, as it may be amended from time to time, in which the owners of such recreational vehicles have has been residing on the mobilehome space for nine or more consecutive months pursuant to a rental agreement.

(Ord. No. 92-04, § 2(5.56.010), 1-6-92; Ord. No. 2022-03, § 2, 9-19-22)

The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the mobilehome park rental review board. Alternatively, wherever this division imposes duties on the board, such duties may be carried out by a neutral hearing officer contracted for the purpose described in this division.

Capital improvement means the addition, substantial repair or replacement of any improvement to a mobilehome space within the geographic boundaries of a mobilehome park which materially adds to the value of the mobilehome park and appreciably prolongs its useful life or adapts it to new uses, and which is of the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations.

City means the City of Azusa, California.

Code means the Azusa Municipal Code.

CPI-U means the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim area published by the United States Bureau of Labor Statistics.

Department means the department of community development.

Homeowner means a person who has a tenancy in a mobilehome park or an agent or representative authorized to act on the homeowner's behalf.

Housing services means all services provided by a mobilehome park owner related to the use or occupancy of a mobilehome space, including water and sewer, natural gas, electricity, refuse removal, management and administration, maintenance and repairs, recreation facilities (including pools), laundry facilities, storage space, and parking (including one or more automobiles), security services, insurance and the payment of property taxes. The term "housing services" shall not include legal fees or mortgage payments, whether for principal, interest, or both.

Mobilehome means a mobilehome as defined in the Mobilehome Residency Law.

Mobilehome park means any area of land within the city where two or more mobilehome spaces are rented or held out for rent to accommodate mobilehomes used for human habitation.

Mobilehome Residency Law means Civil Code §§ 798 through 799.11, as it may be amended from time to time.

Mobilehome park owner or park owner means the owner, lessor, operator or manager of a mobilehome park who receives, or is entitled to receive, rent for the use and occupancy of any mobilehome space, and the agent, representative or successor of any of the foregoing.

Mobilehome space or space means the site within a mobilehome park intended, designed or used for the location or accommodation of one mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.

Rent means the consideration paid for the use or occupancy of a mobilehome space, including the use of the services and facilities of the park. Rent does not include any of the following:

(1) Any amount paid for renting the mobilehome, as opposed to the space;

(2) Security deposits;

(3) User fees for services or facilities which may be utilized at the option of the homeowners and are expressly not included as rent in the rental agreement;

(4) Utility charges for those mobilehome parks which bill homeowners separately whether or not the mobilehome spaces are individually metered; or

(5) Any pass-through that requires approval pursuant to this division.

Rent adjustment means rent increase or rent decrease above or below the maximum annual rent increase as determined by the department or hearing officer.

Rental agreement means a written agreement, for two months or longer, between the park owner and the homeowner establishing the terms and conditions of a tenancy. A lease is a rental agreement.

Resident means a homeowner or other person who lawfully occupies a mobilehome, such as a subtenant.

Service reduction or decrease in the amount or quality of service shall mean a decrease or diminution in the level of housing services provided by the mobilehome park, including but not limited to, services the mobilehome park owner is required to provide pursuant to:

(1) Civil Code § 1941 et seq., as it may be amended from time to time;

(2) The Mobilehome Residency Law;

(3) The Mobilehome Parks Act, Health and Safety Code § 18200 et seq., as it may be amended from time to time;

(4) The mobilehome park owner's implied warranty of habitability, which cannot be contractually excluded or waived;

(5) A rental agreement;

(6) The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the homeowner at the time of execution of the rental agreement with the mobilehome park owner; or

(7) Applicable rules or regulations of the mobilehome park.

Tenancy means the right to use or occupy a mobilehome space for locating, maintaining, and occupying a mobilehome, site improvements, and accessory structures for human habitation, including the use of the housing services and facilities of the mobilehome park.

(Ord. No. 92-04, § 2(5.56.020), 1-6-92; Ord. No. 2022-03, § 2, 9-19-22)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) The mobilehome park rental review board is established and shall consist of five members and six alternates. In order to provide varied and balanced backgrounds and experience, two members and two alternates shall be homeowners within city mobilehome parks, two members and two alternates shall be owners of city mobilehome parks, one member and two alternates shall be public members who are neither homeowners or owners. No attorney shall serve on the board or be present to represent either side.

(b) An alternate shall serve on the board in the absence of a member of the board. If more than one member shall be absent, as many alternates as are available shall serve as needed to replace absent members so that hearings shall be conducted by a full board of five. Alternates shall be called first by same background, then by rotation for service on the board.

(c) Park owners shall appoint their members and alternates; homeowners, through their park association or resident representatives, shall appoint their members and alternates. The members and alternates shall be approved by a majority vote of the city council for one-year terms and until their successors are appointed. The public member and alternates shall be mutually agreed upon by the existing members of the board and approved by a majority vote of the city council. Any member or alternate may be removed, with or without cause, by a majority vote of the board. Should a vacancy exist, an appointment shall be made by a majority vote of the board and approved 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. Board members shall serve no longer than two consecutive terms pursuant to section 2-32.

(d) If a member of the board is absent from three successive regular meetings without being excused by the board or is absent for any reason for more than six regular meetings in any 12-month period, the office of such member may be vacated and the board chair shall immediately notify the department, who shall notify the city council that the office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed by the board effective upon ratification by the city council.

(e) The board shall establish the time of any hearings or meetings held pursuant to this division, and such hearings or meetings shall be held in the city hall or any other place stated by the city council as often as the board determines to be necessary to discharge its duties under this division.

(f) The board shall elect one of its members as chairperson, and the election shall be held as soon as practicable after each new term commences. Five members shall constitute a quorum for the purpose of conducting a hearing or meeting. Decisions of the board shall be made by a majority vote of the members present.

(g) The duties and responsibilities of the board shall include but not be limited to the following:

(1) The board shall create its own regulations by majority vote to carry out the provisions of this division.

(2) The board shall make any recommendations it deems appropriate to the city council regarding the implementation and enforcement of this division.

(3) The board shall hear all rent adjustment applications and determine whether to approve or disapprove a rent increase or decrease in the manner provided by sections 18-774 and 18-775.

(h) Notwithstanding the provisions authorizing the creation of a mobilehome park rental review board and the duties assigned to such board, the city shall have the authority to contract with one or more hearing officers to perform the duties of the board.

(Ord. No. 92-04, § 2(5.56.030), 1-6-92; Ord. No. 94-012, § 1, 7-18-94; Ord. No. 2022-03, § 3, 9-19-22)

Cross reference— City boards and commissions generally, § 2-351 et seq.

(a) A space subject to a rental agreement exempt from local ordinance pursuant to Civil Code § 798.17, as may be amended from time to time. Such a rental agreement must be over 12 months in duration, must be between the mobile park owner and homeowner for the personal and actual residence of the homeowner, and must meet all other criteria in Civil Code § 798.17. This exemption does not apply to a rental agreement entered into on or after February 13, 2020 pursuant to Civil Code § 798.17(i) and (j), until that statute expires on January 1, 2025.

(b) Newly constructed mobilehome spaces initially held out for rent after January 1, 1990, pursuant to Civil Code § 798.45.

(c) Mobilehome spaces owned, managed, or operated by a government agency.

(d) Mobilehome spaces occupied by a resident whose mobilehome is not the resident's primary residence and none of the conditions set forth in Civil Code § 798.121(f) apply.

(e) Mobilehome spaces rented out solely for nonresidential uses.

(f) Mobilehome spaces which are excluded from rent regulation pursuant any other provisions of the Mobilehome Residency Law, or are otherwise exempt under state or federal law.

It shall be the burden of the park owner to prove a mobilehome space is not subject to this division.

(Ord. No. 92-04, § 2(5.56.040), 1-6-92; Ord. No. 2022-03, § 4, 9-19-22)

(a) The initial base rent per month for each space within the Azusa Mobilehome Park shall be $215.00. The initial base rent per month for each space within the Sylvan Villa Mobilehome Park shall be $5.00 less than the rent in effect for that space on December 1, 1991. The initial base rent per month for each space within the remaining parks covered by this division shall be the rent in effect for that space on December 1, 1990, excluding pass-throughs, utilities and separate assessments, subject to increases equal to a proportionate share to each mobilehome space of an increase in a special city tax, benefit assessment or service charge, between December 1, 1990, and the effective date of the ordinance from which this section is derived.

(b) Any mobilehome space that has a rent of $150.00 or less at the effective date of the ordinance from which this section is derived shall not be subject to this section. The base rent for these spaces shall be the rent charged at such effective date.

(c) No owner shall demand or accept or retain rent for any space exceeding the initial base rent unless an increase has been authorized under sections 18-772, 18-773, 18-774, 18-776 or 18-777.

(d) For those spaces covered by an existing exempt written lease agreement pursuant to section 18-769, the base rent shall be the actual monthly rent for the last month of the lease agreement prior to expiration.

(Ord. No. 92-04, § 2(5.56.050), 1-6-92; Ord. No. 93-013, § 3, 7-6-93)

(a) Any mobilehome park which provides a rental agreement meeting the criteria set forth in this section shall be exempt from this division for the duration of such agreement.

(b) The exemption provided in subsection (a) of this section shall be effective only if the space rental agreement meets all of the following criteria:

(1) The agreement must establish a space rental agreement for a minimum of two years from the effective date of the agreement.

(2) The agreement shall be a formal agreement with a written space rent schedule or formula binding upon both the park owner and resident for its duration.

(3) The agreement must be voluntarily consented to by the residents of at least 75 percent of the mobilehome spaces within the park. This consent shall be evidenced by the signature of at least one resident from the requisite number of spaces.

(c) The exemption provided for in this section shall terminate upon the expiration of the space rental agreement unless such agreement is renewed or extended by mutual agreement of the park owner and 75 percent of the residents. Consent to any such renewal or extension of a space rental agreement must meet the criteria set forth in subsection (b) of this section. Upon termination of this exemption, the mobilehome park shall comply with this division. The monthly rent charged for the last month of the space rental agreement shall be the new base rent for the purposes of any future adjustment in rent.

(d) Homeowners shall have the right to a 30-day review or rejection of any offered written rental agreements or leases. They shall have the right to rescind their signatures on the document within three days of signing. Park management must obtain an acknowledgment from the homeowners, in writing, stating that they have in fact been advised of these rights. Management's failure to obtain written acknowledgment from the homeowner may void the lease or rental agreement at the homeowner's option.

(e) Prior to or at the time of agreeing to rent a space to a new homeowner in a mobilehome park, the owner shall provide each new homeowner or prospective homeowner with a copy of this division, as currently in force.

(f) No owner may require, directly or indirectly, that any homeowner or prospective homeowner sign a lease or rental agreement with a term in excess of 12 months or that provides that it shall be exempt from local rent stabilization or provides for space rent in excess of that permitted by this division as a condition of tenancy in the park, and no owner may deny a tenancy to a prospective purchaser of a mobilehome in the park on the ground that the prospective purchaser will not sign such a lease or rental agreement.

(Ord. No. 92-04, § 2(5.56.060), 1-6-92)

(a) A mobilehome park owner may increase the rent for one or more mobilehome spaces, upon written notice to each affected tenant and the filing of a statement with the city showing that the increase meets all of the following conditions:

(1) There have been no rent increases for the spaces for the past 12 months;

(2) There has been no decrease in services to the tenants, except for decreases permitted by section 18-778; and

(3) The proposed rent increase represents the lesser of:

a. The increase in the CPI-U for the 12-month period ending 90 calendar days prior to the date of receipt of the statement by the city; or

b. Five percent.

(4) The rent increase for each affected tenant shall go into effect on the anniversary date of the space as established by the respective park.

(b) An owner may increase the rent for one or more mobilehome spaces in excess of the increase permitted in subsection (a)(3) of this section upon written notice to each affected tenant and the filing of a statement with the city showing that 51 percent or more of the affected spaces approve the rent increase. One vote shall be allowed per affected space.

(c) An owner may pass through the cost of a capital improvement upon written notice to each affected tenant and the filing of a statement with the city showing approval of an itemized estimate by 51 percent or more of the affected spaces. One vote shall be allowed per affected space.

(Ord. No. 92-04, § 2(5.56.063), 1-6-92; Ord. No. 2022-03, § 5, 9-19-22)

(a) If a proposed rent increase for one or more mobilehome spaces does not meet the criteria set forth in section 18-772, an owner may mail a notice to the affected tenants and to the department requesting mediation. The notice shall include the amount of the proposed increase and a brief statement of the basis for the proposed increase.

(b) Upon notification by an owner, a five-member park mediation committee shall be formed to meet and endeavor to negotiate a mutually satisfactory rent increase.

(c) The park mediation committee shall be composed of two representatives designated by the owner and two representatives selected by the tenants affected by the proposed rent increase. All four such members shall be selected within ten days of notification. The fifth member of the park mediation committee shall be a mediator appointed by the unanimous vote of the other four members. If the four members selected by the owner and tenants cannot agree on the fifth member within 20 days of the notification, the city attorney shall name a professional mediator as the fifth member. Any fees payable to the mediator shall be borne equally by the owner and the affected tenants.

(d) The park mediation committee shall establish procedures for the conduct of its affairs not otherwise in conflict with this division. A majority vote shall be required to take or effect any action.

(e) If the park mediation committee negotiates a proposed increase, written notice thereof shall be given to all affected tenants of the park and the park owner. Within ten days of such notice, the affected tenants shall take a secret ballot, with one vote per space.

(f) If at least 67 percent of the affected mobilehome spaces of the park consent to the increase and the owner consents to the increase, it shall be deemed approved and effective and shall be noticed to all affected tenants and the owner. If fewer than 67 percent of the affected mobilehome spaces of the park consent to the increase, it shall be deemed disapproved.

(g) If the increase is disapproved as provided under this section, the owner may then file with the department an application for approval by the board pursuant to section 18-774.

(Ord. No. 92-04, § 2(5.56.067), 1-6-92)

(a) A mobilehome park 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 per affected space equal to the actual cost of processing the application. The fee shall not be passed through to the homeowner. The application shall specify the address of the mobilehome park, the space 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 the department may deem necessary for the board to make a determination whether to approve or disapprove 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 in Spanish and English to the affected homeowners 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 homeowner's right to submit written statements, photographs or other documents relating to the application within 30 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 30 days after receipt of a rent increase application whether the application is complete. If the department determines that an application is not complete, it shall notify the applicant 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 the application within 60 days after such determination is made, except as provided in subsection (j) of this section. Notice in Spanish and English of the time, date and place of the hearing shall be mailed to the applicant and the affected homeowners 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 homeowners may offer any testimony that is relevant to the requested rent increase. The applicant and the affected homeowners may offer documents, written declarations or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed with the department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (j) of this section, within 15 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 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 determination:

(1) Changes in the CPI-U in the Los Angeles-Long Beach-Anaheim area published by the United States Bureau of Labor Statistics.

(2) The rent lawfully charged for comparable mobilehome spaces in the city.

(3) The length of time since either the last hearing and final determination by the board on a rent increase application or the last rent increase if no previous rent increase application has been made.

(4) The completion of any capital improvements or rehabilitation work related to the mobilehome 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.

(5) Changes in property taxes in excess of the two-percent annual increase or other taxes related to the mobilehome park.

(6) Changes in reasonable operating and maintenance expenses.

(7) The need for repairs caused by circumstances other than ordinary wear and tear.

(8) The amount or quality of services provided by the applicant to the affected homeowner.

(9) Any and all other factors that the board may deem relevant.

(h) The board may provide that a separate assessment be granted by the board and be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such separate assessment granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement.

(i) Notice in Spanish and English of the board's determination shall be mailed to the applicant and all affected homeowners at the mobilehome spaces designated in the application. The determination of the board may be appealed to an arbitrator as set forth in section 18-776.

(j) If 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) through (f) of this section and after the 30 days for the homeowners to file statements or documents in opposition to the application under subsection (c) of this section shall have expired, the board may approve such interim rent increase for the mobilehome spaces specified in the 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 homeowners 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.

(k) The time within which the board may conduct a hearing as provided in subsection (e) of this section or make its determination as provided in subsection (f) of this section may be extended twice by the board for periods of time not to exceed 60 days each if the board approves an interim rent increase pursuant to subsection (j) of this section.

(Ord. No. 92-04, § 2(5.56.070), 1-6-92; Ord. No. 2022-03, § 6, 9-19-22)

(a) A homeowner in a mobilehome park may file with the department a rent decrease application for one or more mobilehome spaces for approval by the board.

(b) An application for a rent decrease pursuant to this section shall be filed upon a form prescribed by the department and shall be accompanied by the payment of a fee per affected space equal to the actual cost of processing the application. The application shall specify the address of the mobilehome park, the space number for which rent is requested to be decreased, the amount of the requested rent decrease and the facts supporting the requested decrease. The applicant or owner shall produce at the request of the department any records, receipts, reports or other documents the department may deem necessary for the board to make a determination whether to approve or disapprove a rent decrease. 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 decrease application, the department shall mail a notice to the affected owner informing him of the receipt of such application; the amount of the requested rent decrease; a brief summary of the homeowner's justification for the request; any supporting documents which may be inspected at the city hall; the owner's right to submit written statements, photographs or other documents relating to the application within 30 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 30 days after receipt of a rent decrease application whether the application is complete. If the department determines that an application is not complete, it shall notify the applicant in writing as to what additional information is required.

(e) A copy of each rent decrease 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 the application within 60 days after such determination is made, except as provided in subsection (i) of this section. Notice of the time, date and place of the hearing shall be mailed to the applicant and the affected owner at least ten days prior to the hearing.

(f) At the hearing, the applicant and the affected owner may offer any testimony that is relevant to the requested rent decrease. The applicant and the affected owner may offer documents, written declarations or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed with the department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (i) of this section, within 15 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 decrease for the mobilehome space specified in the rent decrease application.

(g) The board shall approve such rent decrease 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 determination:

(1) A decrease in the amount or quality of services provided by the owner to the affected homeowner.

(2) A loss or decrease of common areas or common area facilities or amenities.

(3) A loss or decrease in maintenance of common areas or common area facilities.

(4) The rent lawfully charged for comparable mobilehome spaces in the city.

(5) The failure of any capital improvements or rehabilitation work related to the mobilehome space specified in the rent decrease application.

(6) Changes in property taxes or other taxes related to the mobilehome park.

(7) Changes in the rent paid by the owner for the lease of the land on which the mobilehome park is located.

(8) Changes in reasonable operating and maintenance expenses.

(9) Any existing written lease unlawfully entered into between the applicant and the affected owner.

(10) Changes in the CPI-U in the Los Angeles-Long Beach-Anaheim area published in the United States Bureau of Labor Statistics.

(11) Any and all other factors the board may deem relevant.

(h) Notice of the board's determination shall be mailed to the applicant and the affected owner. The determination of the board may be appealed to an arbitrator as set forth in section 18-776.

(i) If the board is unable to act and make its final determination on a completed rent decrease application within the time limitations prescribed by subsections (d) through (f) of this section and after the 30 days for the owner to file statements or documents in opposition to the application under subsection (c) of this section shall have expired, the board may approve such interim rent decrease for the mobilehome space specified in the 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 owner and any other facts known to the board. An approved interim rent decrease shall expire on either:

(1) The last day of the month within which the board makes its final determination disapproving a rent decrease; or

(2) The effective date of a rent decrease which is approved by a final determination of the board.

(j) The time within which the board may conduct a hearing as provided in subsection (e) of this section or makes its determination as provided in subsection (f) of this section may be extended twice by the board for periods of time not to exceed 60 days each if the board approves an interim rent increase pursuant to subsection (i) of this section.

(Ord. No. 92-04, § 2(5.56.080), 1-6-92; Ord. No. 2022-03, § 7, 9-19-22)

(a) A mobilehome park owner or tenant may file with the department an application for arbitration on the applicable mobilehome spaces within 20 days following any instance of the denial of the proposed rent decrease under section 18-775(g) or increase under section 18-774(g).

(b) An application for arbitration pursuant to this section shall be made under penalty of perjury and shall be filed upon a form prescribed by the department accompanied by the payment of a fee established by resolution of the city council. The applicant for arbitration, whether owner or tenant, shall pay the fee established by the city council, and the fee shall not be made a pass-through to the tenants. The arbitration application shall specify the address of the mobilehome park, the space numbers for which rent is requested to be increased, the amount of the requested rent increase and the facts supporting the request. The city shall select an independent arbitrator who is a member of the American Arbitration Association.

(c) The arbitrator shall determine within 60 days after receipt of an application whether the application is complete. If the arbitrator determines that an application is not complete, the arbitrator shall notify the applicant in writing as to what additional information is required.

(d) Upon a determination that the application is complete, the arbitrator shall mail a notice to the owner and the affected tenants at the mobilehome spaces designated in the application. The notice shall include the amount of the requested rent adjustment; a brief summary of the owner's justification for the request; notice that any supporting documents may be inspected at city hall; notice of the right of the affected tenant or owner to submit written statements, photographs or documents relating to the application within 30 days after the date the notice is mailed; and the address where such statements, photographs or documents may be mailed or delivered. All written statements submitted by a tenant or owner for consideration by the arbitrator shall be signed and submitted under penalty of perjury.

(e) The applicant shall produce, at the request of the arbitrator, any records, receipts or other documents the arbitrator may deem necessary.

(f) The arbitrator shall hold a hearing on the application within 60 days after such application is deemed complete. Notice of the time, date and place of the hearing shall be sent to all of the parties at least ten days prior to the hearing.

(g) At the hearing, any party may offer any testimony that is deemed relevant by the arbitrator to the requested rent adjustment. The applicant shall produce any records, receipts or other documents the arbitrator may deem necessary to approve a rent adjustment. A party may offer documents, written declarations or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Within 15 days after the close of the hearing, the arbitrator shall make his determination pursuant to the standards established by subsection (g) of this section, approving or disapproving the requested rent adjustment.

(h) The arbitrator shall approve the requested rent adjustment as he determines to be just, fair and reasonable. The arbitrator shall consider but shall not be limited to the factors available to the board under sections 18-774(g) and 18-775(g).

(i) The arbitrator may provide that an adjustment in rent or a portion of an adjustment be in the form of a separate assessment and be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such adjustment granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement.

(j) Notice of the arbitrator's determination shall be mailed to the owner and the affected tenants. The determination of the arbitrator shall be final.

(k) If the arbitrator is unable to act and make his final determination on a completed application within 75 calendar days after the application is deemed complete, the arbitrator may approve such interim rent increase or decrease for the mobilehome spaces specified in the application as clearly appears warranted when the factors set forth in subsection (h) of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the arbitrator by the affected tenants and any other facts known to the arbitrator. An approved interim rent increase or decrease shall expire on either:

(1) The last day of the month within which the arbitrator makes his final determination disapproving a rent increase or decrease; or

(2) The effective date of a rent increase or decrease which is approved by a final determination of the arbitrator.

(l) The time within which the arbitrator may conduct a hearing or make his determination may be extended twice by the arbitrator for periods of time not to exceed 60 days each if the arbitrator considers and, if grounds exist, grants an interim rent increase or decrease pursuant to subsection (k) of this section.

(Ord. No. 92-04, § 2(5.56.085), 1-6-92)

(a) Regulation of rents charged to purchasers of mobilehomes is necessary to protect the investment of existing residents in their mobilehomes and their ability to sell their homes.

(b) When a coach on a regulated mobilehome space is sold by a vacating tenant to a new tenant and the new tenant enters into a rental agreement for a mobilehome space, any increase in rent must be limited to eight percent of the immediately preceding rent, or, in the case of the Azusa Mobilehome Park, to 14.275 percent due to the recent unusual expenditures associated with the later park. A rent increase above eight percent on a space in the Azusa Mobilehome Park is permitted only on the execution of the first rental agreement on such space after February 5, 1992.

(c) When a coach is owned by the park owner and the coach is sold, after it has been rented, the base rent to the buyer shall be calculated using the average of the current space rent charged for similar spaces in the park.

(d) Notwithstanding subsection (b), no rental increase shall be permitted under this section for:

(1) Transfers to a conservator of the person or the estate of a tenant or the individual heir of a tenant;

(2) Transfers which take effect upon the death of a spouse;

(3) Transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of marriage or legal separation; or

(4) The creation, transfer or termination solely between spouses of interests in the mobilehome space.

(e) This section shall apply to rental agreements executed on or after February 6, 1992. If an agreement subject to this section is executed prior to the effective date of this section, the rents pursuant to such agreement, commencing on the effective date of this section, shall be reduced to conform with this section. No rebate of previously collected rents shall be required or due.

(Ord. No. 92-04, § 2(5.56.090), 1-6-92; Ord. No. 93-013, § 2, 7-6-93)

(a) No mobilehome park owner shall reduce or eliminate any service to any mobilehome space so long as this division is in effect, unless and until a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the homeowner in the form of a decrease in space rent. If a mobilehome park owner who provides utility services reduces or eliminates such service by separate metering or other lawful means of transferring to the resident the obligation for payment for such services, the cost savings shall be deemed to be the cost of such transferred utility service for the 12 months prior to the installation and use of the submetering system.

(b) The cost of installation of separate utility meters or similar costs to the owner which allow a shift in obligation for payment of utility costs to the homeowner may not be passed to the homeowner. Nothing stated in this section shall be construed to prohibit or prevent the recovery of such costs by an application for rental increase as provided in this division.

(Ord. No. 92-04, § 2(5.56.100), 1-6-92)

A mobilehome park tenant whose tenancy is not regulated by the Mobilehome Residency Law shall not be charged a fee by the owner for anything other than rent or utilities, with the exception of incidental reasonable charges for services actually rendered.

(Ord. No. 92-04, § 2(5.56.110), 1-6-92)

(a) A mobilehome park tenancy which is not subject to the Mobilehome Residency Law 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 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 the owner:

a. Gives the tenant written notice of the proposed change 12 months or more before the date of the proposed change.

b. Gives each proposed tenant whose tenancy will commence within 12 months of the proposed change written notice thereof prior to the inception of his tenancy.

(b) Notice of termination or refusal to renew must be given in writing in the manner prescribed by Code of Civil Procedure § 1162 at least 60 days prior to the termination date of the tenancy. The notice shall state the date the tenancy terminates, the reason for the termination or refusal to renew and the specific facts upon which the owner is relying.

(Ord. No. 92-04, § 2(5.56.120), 1-6-92)

A homeowner in a mobilehome park may refuse to pay any rent in excess of the maximum rent permitted by this division. 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.

(Ord. No. 92-04, § 2(5.56.130), 1-6-92)

(a) It shall be unlawful for any mobilehome park owner, manager, employee, agent or representative to take or cause to be taken any retaliatory action against any park resident as a result of the resident exercising any right conferred upon such resident by this division or by any rule or order issued by the board pursuant thereto. Retaliatory action shall include the following:

(1) Any action or proceeding to recover possession of a rental space;

(2) Any action which would increase space rentals or service fees, decrease services, increase the obligation of the resident or constitute undue or unusual inconvenience, violate the privacy of the resident, harass the resident or otherwise discriminate against the resident;

(3) Any refusal to honor an existing rental agreement or lease or any provision thereof; and

(4) Any other form of threat, coercion or intimidation.

(b) It shall be unlawful for any person to fail to comply with any order of the board.

(Ord. No. 92-04, § 2(5.56.140), 1-6-92)

(a) Any person who demands, accepts or retains any payment of rent in violation of this division 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 demanded, accepted or retained exceeds 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 this division shall be guilty of a misdemeanor and shall be punishable in the manner provided by this Code.

(Ord. No. 92-04, § 2(5.56.150), 1-6-92)

The city council shall, from time to time, review the provisions of this division.

(Ord. No. 92-04, § 2(5.56.170), 1-6-92; Ord. No. 2022-03, § 8, 9-19-22)