Camarillo Municipal Code Ch. 10.55 Mobile Home Park Rent Stabilization Ordinance

A. Mobile home parks are a key source of affordable housing in the city of Camarillo.

B. The city of Camarillo currently does not regulate rental amounts or rent increases on mobile homeowners to ensure that rents remain affordable.

C. Since at least March 28, 2025, community members have expressed concerns to the city council relating to rent increases in mobile home parks, which increases leave Camarillo mobile home residents vulnerable to immediate displacement from the community, and to homelessness.

D. On April 23, 2025, at a regular meeting of the city of Camarillo City Council, the council directed staff to research the issue of mobile home rent stabilization, and on May 15, 2025, the city council voted to establish an ad hoc subcommittee on the topic of mobile home rent stabilization.

E. Casa Del Norte Mobile Home Park and Camarillo Mobile Estates each provide one hundred thirty-five spaces, and Lamplighter Mobile Home Park provides two hundred twenty-seven spaces, resulting in an approximate total of four hundred ninety-seven rental mobile home spaces within the city.

F. Residents of mobile home parks—unlike apartment tenants or residents of other rental properties—are in a unique position in that they have made a substantial investment in a residence for which space is rented or leased. Residents of mobile home parks usually own their mobile home, while renting the land upon which the mobile home sits from the park owner.

G. The imposition of sudden and excessive rent increases that are beyond the reach of mobile home park residents require these residents to identify alternative sites for the relocation of mobile homes, which is difficult to do given the shortage of vacant mobile home spaces in the city, and restrictions on the age, size or style of mobile homes permitted in many mobile home parks.

H. The removal or relocation of a mobile home from a park space is generally accomplished at substantial cost to the resident. Additionally, the removal or relocation of a mobile home may cause extensive damage to the mobile home.

I. In Camarillo, mobile home parks have significantly higher move-in rents compared to neighboring cities, with the lowest Camarillo park average move-in rent situated above the average stabilized move-in rents in other cities and the county.

J. The city council finds that residents in mobile home parks are often low-income, are on fixed incomes, or are elderly, and may not have the resources to secure alternative housing.

K. Sudden and excessive rent increases for mobile home park tenants are likely to exacerbate housing insecurity in the city and increase the unhoused population.

L. The city of Camarillo currently does not directly regulate rental amounts or rent increases on mobile homes in the city but does have a voluntary mediation ordinance to encourage residents and park owners to resolve rental disputes.

M. The potential for sharp increases to rents within mobile home parks within the city could cause hardship to a substantial number of mobile home tenants in Camarillo.

N. Residents at mobile home parks are uniquely vulnerable to displacement when sudden rent increases occur, and sudden, large rent increases create undue hardship for residents through additional relocation costs, stress and anxiety, and the threat of homelessness due to the lack of alternative housing.

O. Without local protection, mobile home residents are likely to experience a surge in displacements and potential homelessness as excessive rent increases are imposed on tenants.

P. Given the high cost of housing, excessive rent increases of mobile home tenants could lead to long term or permanent displacement, thereby impacting the health and safety of these residents.

Q. On October 22, 2025, the city council of the city of Camarillo adopted Ordinance No. 2033, an urgency ordinance which imposed a moratorium on rent increases above four and two tenths percent.

R. After consideration of the topic of mobile home rent stabilization, the city council of the city of Camarillo now desires to establish a permanent rent stabilization program to prevent excessive rent increases on mobile home residents and to ensure that park owners receive a just and reasonable return.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. "Administrator" means the administrator of the city's mobile home space rent stabilization program. the administrator shall be the community development director, or such other city employee as the city manager may appoint to serve as administrator.

B. "Affected homeowners" means those mobile homeowners who are subject to a rent increase. For purposes of providing notice of any rent increase and copies pursuant to this chapter and calculating the number of affected homeowners in support of a rent arbitration petition, each mobile home space occupied by a homeowner subject to a rent increase shall be deemed to have only one affected homeowner. Reference to "all affected homeowners" shall mean one homeowner from each mobile home space subject to the proposed rent increase.

C. "Arbitrator" refers to a hearing officer who is appointed by the administrator, and is neither a homeowner, nor has an interest in a mobile home park of a nature that would require disqualification under the provisions of the Political Reform Act.

D. "Arms-length transaction" shall refer to a transaction negotiated by unrelated parties, each acting in his or her own self-interest, which serves as a basis for a fair return determination in this chapter.

E. "Base rent" means the authorized rent calculated pursuant to the provisions of Section 10.55.040, plus any rent increase allowed under this chapter, unless it is expressly excluded from base rent, plus any adjustment attributable to vacancy control or vacancy decontrol as provided in Section 10.55.050.

F. "Capital improvement" means the installation of new improvements and facilities not including ordinary maintenance or repairs or capital replacement costs. Capital improvements are required to be amortized over the useful life of the improvements, pursuant to the provisions of this chapter and the United States Internal Revenue Code.

G. "Capital improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of capital improvements. Capital improvement costs do not include ordinary maintenance or repairs or capital replacement costs.

H. "Capital replacement" means an improvement required to maintain the common facilities and areas of the park in a decent, safe and sanitary condition or to maintain the existing level of park amenities and services. A capital replacement is an expenditure as defined by the United States Internal Revenue Code that replaces, upgrades or repairs an existing improvement, such as, but not limited to, an on-site water or electrical distribution or sewage collection system, a street, a parking area, or common facility, such as a laundry, community kitchen, clubhouse, pool/spa or meeting room. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a capital replacement. If it can be fully deducted in one year as a business expense (e.g., fixing leaks, routine maintenance), it does not qualify as a capital replacement.

I. "Capital replacement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital replacement and shall include debt service costs, if any, incurred as a direct result of the capital replacement. Capital replacement does not include capital improvement costs.

J. "City information sheet" is a document prepared by the city providing information about the mobile home park rent stabilization ordinance and include the administrator's contact information.

K. "Comparable space" means a mobile home space that is suitable for comparison, taking into account such characteristics as the location and size of the space, as well as available views or amenities.

L. "Consumer price index" or "CPI" shall mean the consumer price index for all urban consumers, Los Angeles-Long Beach-Anaheim County region or a successor index applicable to the city, published within the thirty days prior to the park owner noticing a rent increase.

M. "Gross income" shall have the meaning set forth in Section 10.55.130.

N. "Homeowner representative" shall mean a designated homeowner association (HOA) or its designee who shall have the authority to represent the interest of, negotiate on behalf of, and bind the homeowners.

O. "Housing services" means services that have been provided by the mobile home park owner connected with the use or occupancy of a mobile home rental space including, but not limited to, utilities except those utilities for which a tenant is billed directly by a utility company (including gas, electric, water, and wastewater), ordinary repairs or replacement and maintenance, including painting. This term shall also include the provision of laundry facilities and privileges, common recreational facilities, common area landscape maintenance.

P. "Mobile home" has the same meaning as the definition of "mobilehome" defined in Civil Code Section 798.3, as it may be amended from time to time, or a successor code provision.

Q. "Mobile homeowner" or "homeowner" means a person who has a tenancy in a mobile home park under a rental agreement as defined under Civil Code Section 798.9 that is not otherwise exempt from regulation under this chapter or pursuant to state or federal law.

R. "Mobile home park" has the same meaning as the definition of "mobilehome park" defined in Civil Code Section 798.4, as it may be amended from time to time, or successor code section.

S. "Mobile home park owner" means a park owner, lessor, or sublessor of a mobile home park in the city who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits, or deductions because of such ownership.

T. "Mobile home space" means any site within a mobile home park located in the city intended, designed, or used for the location or accommodation of a mobile home. "Mobile home space" includes any accessory structures or appurtenances attached to the mobile home or used in conjunction therewith.

U. "Net operating income" shall have the meaning set forth in Section 10.55.120.

V. "Operating expenses" shall have the meaning set forth in Section 10.55.140.

W. "Rent" or "space rent" means the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobile home park owner for or in connection with the use occupancy of a mobile home dwelling unit. The term "rent" shall not include separately itemized utilities.

X. "Rent increase" means any additional rent demanded of, or paid by, a homeowner for mobile home space. "Rent increase" includes any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. This chapter applies to every mobile home park within the city, except those to which an exemption applies.

B. This chapter shall not apply to:

1. A newly constructed space initially held out for rent after January 1, 1990, pursuant to Civil Code Sections 798.45 and 798.7. Replacement of a mobile home on an existing mobile home space does not constitute a newly constructed space.

2. Any mobile home spaces that are exempt from local mobile home rent stabilization ordinances as required by law, including, but not limited to, Civil Code Section 798.21, and including, but not limited to mobile home spaces that are not the principal residence of the mobile homeowner.

3. Any mobile home parks that are owned by the mobile homeowners in the mobile home park, pursuant to Civil Code Section 799.1(a).

4. Any space otherwise required to be exempt pursuant to state law.

5. Any mobile home space not occupied by a homeowner.

C. Within thirty days after the effective date of this chapter and upon the re-renting of each mobile home space thereafter, the mobile home park owner shall supply each affected mobile homeowner or prospective mobile homeowner with a copy of the city information sheet on this chapter.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. It shall be unlawful to demand, accept, receive, or retain rent for a mobile home space in excess of the base rent plus any increases that are authorized by this chapter, unless an exemption applies.

B. Base Rent Calculation.

1. Except as provided herein, a mobile home park owner shall not demand, accept, or retain rent for a mobile home space exceeding the rent in effect for that space on the effective date of this chapter. In the event that a mobile home space was not occupied on the effective date of this chapter, the base rent for that mobile home space shall be the highest mobile home space rent charged by the mobile home park owner for a comparable space in the mobile home park on the effective date of this chapter, plus any rent increases allowed thereafter pursuant to this chapter.

2. If a mobile home space that has been exempt from the provisions of this chapter becomes subject to the chapter under 10.55.030(B), then the base rent shall be the highest mobile home space rent charged by the mobile home park owner for a comparable space in the mobile home park on the effective date of this chapter, plus any rent increases allowed thereafter pursuant to this chapter.

3. It shall be presumed that the base rent yields a fair and reasonable return.

C. A mobile home park owner may seek an adjustment to the initial base rent if it can be clearly established that an adjustment is necessary for the mobile home park owner to receive a fair return. In seeking an adjustment to the initial base rent under this section, the procedures set forth in Sections 10.55.080 and 10.55.090 shall apply. The guidelines for determining an adjustment to the initial base rent are set forth in Section 10.55.150.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. A mobile home park owner shall be permitted to increase the space rent by up to eight percent from the rent being charged upon re-rental of an existing mobile home to a new tenant.

B. A mobile home park owner shall be permitted to increase the space rent to any amount and this amount shall be considered the new base rent for a mobile home space under the following circumstances:

1. The space is re-rented to a new tenant who replaces the existing mobile home or brings a new mobile home to an empty space; or

2. An existing tenant who has been a resident for less than one year replaces the existing mobile home.

C. No increase in rent shall be permitted for a change of a mobile home by an existing tenant who has been a resident of the park at least one year.

D. Notwithstanding subsections (A), (B), and (C) above, no increase shall be permitted under this section if the new tenant of an existing mobile home is a family member of the existing tenant. For purposes of this section the term "family member" shall include, spouse, child, stepchild, sibling, stepsibling, parent, stepparent, or grandparent only.

E. Any alleged violation of this Section 10.55.050 shall be subject to the provisions of Section 10.55.200.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

The anniversary date for all rent increases in the mobile home park owner's park shall be established one time by the park owner, thereafter, any change to the anniversary date shall be subject to the administrator's review and approval to ensure rent is not improperly increased more than one time in a twelve-month period as a result of a change in anniversary date. Rent increases, if any, except as specified below, shall be enacted only on the anniversary date. The mobile home park owner shall post the anniversary date in the park office or areas where it can easily be seen by homeowners.

In establishing an initial annual anniversary date for a mobile home park, the one-time rental adjustment of the mobile home spaces within the mobile home park to establish the first annual increase in rent pursuant to this chapter shall be exempt from any provision prohibiting an increase more than once in a twelve-month period.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. As of the effective date of this chapter, no rent increases may be implemented unless otherwise authorized under this chapter.

B. A mobile home park owner shall only implement one rent increase to a homeowner within a twelve-month period, unless otherwise provided in this chapter.

C. A permissible ministerial annual increase shall be based on the consumer price index" or "CPI" as defined in this chapter. Notwithstanding the prior, the permissible ministerial annual increase may not be less than a minimum of two percent but not exceed six percent of the base rent. For example, if CPI is one percent a permissible increase may be two percent. Conversely, if CPI is eight percent a permissible increase may not be more than six percent. A permissible ministerial annual increase shall not be subject to petition under this chapter, unless the petition relates specifically to noncompliance with this section.

D. If a mobile home park owner wishes to implement a rent increase more than the permissible ministerial annual increase as provided in 10.55.070(C) to obtain a fair rate of return under Section 10.55.110, the procedures set forth in Sections 10.55.080 and 10.55.090 shall apply.

E. If a mobile home park owner wishes to implement a rent increase more than the permissible ministerial annual increase as provided in 10.55.070(C) for a new or increased capital improvement or capital replacement pass-through charge as described in 10.55.110(D), the procedures set forth in Sections 10.55.080 and 10.55.090 shall apply.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. Notice of Permissible Ministerial Annual Rent Increase.

1. A notice of a permissible ministerial annual rent increase under 10.55.070(C) shall be provided by the mobile home park owner to the administrator, and provided to each affected mobile home owner, at least ninety days before the rent increase goes into effect or as otherwise required by state law. The notice shall specify the space, the dollar amount of the increase, the percentage of the increase and that it is consistent with 10.55.070(C), and the date the increase will go into effect.

2. The notice shall also provide the petition form prepared by the administrator and advise each affected mobile home owner of the right to petition for review of a proposed rent increase only if the amount of increase is not consistent with 10.55.070(C).

3. A current listing of all other affected homeowners and the spaces which they rent.

B. All other rent increases permitted under this chapter that a mobile home park owner serves on each affected mobile home owner that are not solely a permissible ministerial annual increase under 10.55.070(C) shall also be provided to the administrator. The written notice, provided at least ninety days before the rent increase goes into effect or as otherwise required by state law shall set forth the following:

1. The amount of the rent increase both in dollars and as a percentage of existing rent and documentation with explanation supporting the proposed increase based on 10.55.110 fair rate of return or 10.55.110(C), capital improvement and/or capital replacement, including where relevant to the type of increase being noticed: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any capital improvement or capital replacement; a summary of the increased cost of the mobile home park owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the mobile home park owner's net operating income and any other relevant information that supports the level of rent increase desired;

2. A current listing of all other affected homeowners and the spaces which they rent;

3. The address and telephone number of the administrator and statement that the homeowner may contact the administrator for an explanation of this chapter;

4. A copy of the petition form prepared and provided by the administrator that initiates the rent review process established by this chapter; and

5. A copy of the city's information sheet.

C. Park owner will retain a copy of all rent increases notices and shall prepare a proof of service stating that the notice required by this section has been delivered to each affected homeowner.

D. If a mobile home park owner fails to provide required information, documents, or notices as provided for in this section, they shall not be entitled to collect any rent increase that might otherwise be permitted, except for the ministerial annual rent increase which may be collected. Such failure shall also be a defense in any action brought by the mobile home park owner to recover possession of a mobile home space or to collect any rent increase, above the ministerial annual rent increase from the homeowner.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. Petition Procedures.

1. Affected mobile homeowners who are given a rent increase are entitled to file a petition if they believe the chapter has not been complied with, for review by a neutral qualified arbitrator, within forty-five calendar days from when the mobile home park owner provides a notice of proposed rent increase, served in accordance with Civil Code 798.14; or forty-five calendar days from the date of the rent increase occurs if no notice is received, whichever occurs earlier. The petition must be submitted with fifty percent plus one signatures of the affected homeowners for the arbitrator's rent review regardless of whether the mobile home park owner has provided the affected homeowner with all the information, documents and notices required by this chapter. The arbitrator will be compensated and selected by the city, at its full and complete discretion.

2. Upon the filing of a petition consistent with this section, the rent increase, except for the ministerial annual increase based on CPI, shall not be implemented until and to the extent it is awarded by an arbitrator or until the petition is abandoned by the affected homeowners or the homeowner representative. "Abandoned" as used herein shall mean a failure to actively pursue the necessary steps to prepare the homeowners' case for the arbitration.

3. If a petition is filed after the forty-five days' time set in this section, the petition will not be accepted, and no rent review will occur.

4. No more than one petition may be filed for a proposed rent increase. The first petition filed with the city and accepted by the city shall be the governing petition.

B. Contents of Petition.

1. The petition for rent review shall: a) set forth the total number of affected mobile home spaces in the mobile home park; b) identify the name of the homeowners who occupy each space; and c) state the date upon which the notice of the rent increase was received by the homeowner.

2. For the petition to be accepted by the administrator, the petition must be signed by fifty percent plus one of the affected mobile homeowners, as verified by the administrator. Each signature should also have the name printed and which space they occupy. If there are multiple homeowners of a home on a space, only one vote per home will count towards the fifty percent plus one required signatures.

3. The homeowners shall deliver in person the petition or mail it by certified mail to the administrator at the following address: Administrator for Rent Petitions, Community Development Department 601 Carmen Drive, Camarillo, CA 93010. A petition shall not be accepted if it is not received by the community development department's office within forty-five days from the homeowner's receipt of the notice of rent increase or actual rent increase without notice, described in this section. The administrator shall provide a copy of the completed petition(s) to the mobile home park owner and the administrator selected arbitrator.

C. Documents Submitted to Arbitrator. After the administrator has accepted a petition for rent review, the parties shall submit their arguments representing their respective positions to the administrator at least fifteen business days prior to the date scheduled for hearing of the petition(s) by the arbitrator. The hearing with the arbitrator will be set as soon as is feasible for the arbitrator, homeowner's representatives and park owner, to avoid any unnecessary delay in the resolution of the petition. The arbitrator is authorized to establish hearing procedures, in addition to those provided in this chapter to ensure a fair hearing. The mobile park owner should also provide its rent increase notice and supporting documentation including supporting financial documentation, as described in Section 10.55.080. In addition, prior to and during the hearing, the arbitrator is authorized to request additional information related to the rent increase to assist in the arbitration hearing. Document requests shall be limited to information reasonably necessary for the specific rent increase type.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

1. The mobile home park owner and any affected homeowners, or their representatives, may appear at the hearing and offer oral and documentary evidence. The burden of proving that the amount of rent increase is reasonable and consistent with this chapter and relevant laws, shall be on the mobile home park owner by a preponderance of the evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The arbitrator shall prepare fair hearing procedures that will include, among other items, the amount of time the park owner and homeowner representatives will have to present their positions and rebuttal time for the park owner. The specific hearing procedures will be provided to the representatives for each party at least ten days prior to the hearing.

2. Pursuant to findings, the arbitrator may:

Permit the requested increase, in whole or in part;

Deny the increase; or

Order a reduction in rent.

3. If the arbitrator finds that an increase which went into effect, or any portion thereof, is not justified or authorized by this chapter, the park owner shall refund if applicable, the amount found to be unjustified or unauthorized to the tenant(s) within thirty days of the arbitrator's decision or in an otherwise timely manner as determined by arbitrator.

4. If the arbitrator finds that a proposed increase, or any portion thereof which was previously inoperative is justified, the tenant(s) shall pay the amount found justified to the park owner within thirty days of the arbitrator's decision or in an otherwise timely manner as determined by arbitrator which amount shall include the portions held in abeyance during the pendency of the petition process.

5. Any jurisdictional or procedural dispute regarding the process set forth herein may be decided by the arbitrator.

6. The arbitrator shall, within thirty days of the conclusion of the hearing, submit by mail a written statement of decision and the reasons for the decision to the administrator. The administrator shall mail copies of the decision to the mobile home park owner and affected homeowners.

7. The decision of the arbitrator shall be final and binding upon the mobile home park owner and affected homeowners, and subject to the provisions of California Code of Civil Procedure Section 1094.5. There shall be no right of appeal to the city council.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. The arbitrator shall determine whether rent increases proposed or imposed by the mobile home park owner are reasonable based upon the circumstances and this chapter. The arbitrator shall take into consideration that the purpose of this chapter is to permit mobile home park owners a just and reasonable return, while protecting homeowners from unnecessary or unreasonable rent increases. Mobile home park owner shall utilize this section for rent increases beyond the permissible ministerial increase based on CPI.

B. The arbitrator shall not allow more than one rent increase per mobile home space per twelve-month period, unless a mobile home park owner can clearly establish that the rent increase is necessary to cover costs of operation, maintenance, capital improvements, and/or capital replacements and/or ensure a fair and reasonable rate of return.

C. Maintenance of net operating income.

1. It shall be presumed that the base year net operating income adjusted by the increase or decrease in the CPI since the first base year's net operating income until the year of the petition, yields a fair return. Mobile home park owners shall be entitled to maintain and increase their net operating income in accordance with this Section 10.55.110. The arbitrator shall make a determination of whether the mobile home park owner's net operating income yields a fair return under this standard.

2. The formula for calculating the fair NOI return shall be as follows:

[Figure]

3. Except as provided in Section 10.55.150, it shall be presumed that the net operating income produced by the mobile home park during the base year provided a fair return.

4. Calendar year 2024 shall be established as the base year for purposes of determining whether a mobile home park owner's net operating income provides a fair return. If a satisfactory base year is, in the arbitrator's opinion, not otherwise available, such as where a mobile home park owner did not own the subject property in the base year and/or the 2024 operating expenses are not available, the arbitrator may take any relevant evidence into account to construct a base year.

5. The base year CPI shall be the CPI level in September 2024.

6. The percentage change in the CPI shall be calculated by using the preceding year's average CPI prior to the noticed increase.

7. The comparison NOI year shall be the most recent calendar or fiscal year, unless another period is found by the arbitrator to be more appropriate.

D. Capital Improvement and Capital Replacement. A park owner may seek a rent increase based on capital improvements, capital replacements, and their costs, as defined in Section 10.55.020, only if the mobile home park owner has:

1. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of the new capital improvement and/or capital replacement are factually correct as claimed;

2. Cost factored and amortized the costs of the capital improvement over the good faith estimate of the remaining life of the improvement according to the United States Internal Revenue Code, but in no event for a period of less than sixty months; and

3. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 10.55.070(C).

E. Mitigating Factors. In evaluating a rent increase, the arbitrator shall also consider the following factors in addition to any other factors the arbitrator deems relevant in order to determine whether there are any circumstances that may justify a reduction in a proposed rent increase:

1. In the event the mobile home park owner reduces or eliminates any housing services, a proportionate share of the cost savings due to such reduction or elimination shall be passed on in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed or permitted by this chapter.

2. The physical condition of the mobile home park, including the quantity and quality of maintenance and repairs performed during the preceding twelve months.

F. Notwithstanding any other provision to the contrary, no provision of this chapter shall be applied to prohibit the granting of a rent increase that is demonstrated to be necessary to provide a mobile home park owner with a fair and reasonable return.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

In evaluating a rent increase imposed by a mobile home park owner to maintain the mobile home park owner's net operating income, "net operating income" (NOI) shall mean the gross income as defined in Section 10.55.130 of the mobile home park less the operating expenses as defined in Section 10.55.140.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

For purposes of calculating the net operating income pursuant to Section 10.55.120, "Gross Income" shall mean the sum of the following:

A. Gross mobile home space rents, computed as gross space rental income at one hundred percent occupancy; plus

B. Other income generated as a result of the operation of the mobile home park, including, but not limited to, fees for services actually rendered; plus

C. Revenue received by a mobile home park owner from the sale of water, sewer, refuse collection, gas, and electricity to homeowners where such utilities or services are billed individually to the homeowners by the mobile home park owner. Such revenue shall equal the total cost of the utilities or services to the homeowners minus the amount paid by the mobile home park owner for such utilities or services to the utility or service provider and minus fees paid for the administration of the utility service permitted under Civil Code § 798.40; minus

D. Uncollected mobile home space rents due to vacancy and bad debts to the extent that the same are beyond a mobile home park owner's control. Uncollected mobile home space rents in excess of three percent of gross mobile home space rents shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. If uncollected mobile home space rents must be estimated, then the average of the preceding three years' experience shall be used.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. For purposes of calculating net operating Income pursuant to Section 10.55.120, "Operating expenses" may include:

1. Real property taxes and assessments.

2. Utility costs to the extent that they represent costs to the mobile home park owner which are not passed through to homeowners of the mobile home park.

3. Management expenses (including the compensation of administrative personnel, including the value of any mobile home space offered as part of compensation for such services), reasonable and necessary advertising to ensure occupancy, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five percent of gross income, unless established otherwise.

4. In addition to the management expenses listed above, if the mobile home park owner performs managerial or maintenance services which are uncompensated, the mobile home park owner may include the reasonable value of such services or operating expenses. No credit for such services shall be authorized unless a mobile home park owner documents the hours utilized in performing such services and the nature of the services provided.

5. Normal repair and maintenance expenses for the grounds and common facilities, including but not limited to landscaping, cleaning, and repair of equipment and facilities.

6. Operating supplies such as pool/spa supplies, janitorial supplies, gardening supplies, and stationery.

7. Insurance premiums prorated over the life of the policy.

8. Other taxes, fees, and permits, except as provided in Section 10.55.190.

9. Reserves for replacement of long-term improvements or facilities, provided that accumulated reserves shall not exceed five percent of gross income.

10. A mobile home park owner may include the capital improvement or capital replacement expenditures if the mobile home park has:

a. Informed the affected homeowners prior to initiating construction or implementation of the capital improvement regarding the nature, purpose and estimated cost of the improvement or replacement; and

b. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of capital improvement or capital replacement provided to the homeowners for their general use are factually correct as claimed; and

c. Cost factored and amortized the costs of the improvement over the good faith estimate of the remaining life of the improvement, but in no event for a period of less than sixty months; and

d. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 10.55.070(A).

11. Capital improvement costs and/or capital replacement costs, provided that the criteria in subsection (A)(10) are satisfied.

B. "Operating expenses" shall not include the following:

1. Debt service expenses, except as provided in subsection (A)(11) of this Section 10.55.140;

2. Depreciation, except to the extent required by law;

3. Any expense for which the mobile home park owner is reimbursed; or

4. Attorneys' fees and costs (except printing costs and documentation as required by Section 10.55.080) incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this chapter.

C. Whenever a particular expense exceeds the normal industry or other comparable standard, the mobile home park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. Mobile home park owners may obtain a special adjustment to the base year NOI and/or base rent dates if the mobile home park owner rebuts the presumption that the base year NOI and/or base rent date yielded a fair return. The arbitrator shall not make such a determination unless the arbitrator has first made at least one of the following findings:

1. That the mobile home park owner's operating expenses in the base year were unusually high or low in comparison to the three years prior to the base year. The average expenses for this period shall be presumed to reflect reasonable average annual expenses and the average of such expenses shall be used to calculate and adjust the base year NOI.

In determining whether the park owner's operating expenses were unusually high or low, the arbitrator shall consider whether:

a. The park owner implemented capital improvement or capital replacement projects during the base year, which were not reflected in the rent levels on the base rent date.

b. Substantial repairs were made due to uninsured damage caused by fire, natural disaster or vandalism.

c. Maintenance and repairs were below accepted standards so as to cause significant deterioration in the quality of housing services.

d. Other expenses were unreasonably high or low notwithstanding the following of prudent business practice.

2. That the rent was disproportionate due to one of the enumerated factors below:

a. The rent on the base date was exceptionally high or low due to the fact that the rent was not established in an arms-length transaction.

b. The rent on the base rent date was substantially higher or lower than at other times of the year by reason of premiums being charged or rebates given for reasons unique to particular spaces.

B. If the circumstances specified in subsection (A)(2) of this Section 10.55.150 are demonstrated, the base rent date shall be adjusted to reflect the rent that would have been received if the base rent date had been set under general market conditions. In making this adjustment, the arbitrator shall utilize the median rent in effect on the base rent date, or a good faith estimate of such median rent, for comparable spaces within the mobile home park or, if necessary, other comparable parks. Comparability shall be judged based on the location of the park, services, amenities provided, and other relevant factors.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

Any sum of money that under the provisions of this Section 10.55.160 is the obligation of the mobile home park owner or homeowner to pay, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

An affected homeowner may refuse to pay any portion of or the entire increase in rent which is in violation of this chapter, provided a petition has been filed and either no final decision has been reached by an arbitrator or the increase has been determined to violate the provisions of this chapter. Such right of refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase. For example, if a rent increase is over the permitted CPI, the home owner should pay the permissible CPI increase but can refuse to pay the percentage over the permissible CPI.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

No mobile home park owner may retaliate against a homeowner, homeowner representative, or prospective homeowner for the assertion or exercise of rights under this chapter in any manner. This includes, but is not limited to, threatening to bring or bringing an action to recover possession of a mobile home space, engaging in any form of harassment that causes a homeowner to quit the premises, decreasing housing services, increasing the mobile home space rent, or imposing or increasing a security deposit or any other charge payable by a homeowner.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

Within sixty days of the adoption of this ordinance, each mobile home park owner in the city shall register with the city. The mobile home park owner shall provide the name and address of the mobile home park owner, the current rent roll for all spaces which shall identify: 1) the length of the lease term for each space; 2) the expiration of the lease term for each space; 3) current rents and other fees or charges that are received by the mobile home park owner itemized per mobile home space; and 4) the number of mobile home spaces, including both occupied and unoccupied spaces, contained in that mobile home park owner's mobile home park. The provision of the information required by this Section 10.55.190 must also be made within ten days upon change of ownership of the mobile home park, or an increase or a decrease in the number of spaces available at a mobile home park owner's mobile home park.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. In the event that a mobile home park owner demands, accepts, receives, or retains any payment in excess of the amounts allowed under this chapter, the homeowner may file a civil suit against the mobile home park owner. A mobile home park owner who demands, accepts, receives, or retains any payment of rent in excess of the amounts allowed under this chapter shall be liable to the homeowner in the amount by which the payment or payments have exceeded the allowable rent. In such a case, the rent shall be adjusted to reflect the lawful rent pursuant to this chapter.

B. A mobile home park owner who willfully 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 payment is demanded, accepted or retained for damages in the sum of three times the amount by which payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted or retained. A prevailing homeowner in a civil action brought to enforce this chapter shall be awarded reasonable attorneys' fees and costs as determined by the court. No administrative remedy need be exhausted prior to filing suit pursuant to this section.

C. The remedies available in this chapter are not exclusive and may be used cumulatively with any other remedies available in this chapter or at law.

D. Waiver of Rights.

1. Any waiver or purported waiver by a homeowner of rights granted under this chapter prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this section. It shall be unlawful for a mobile home park owner to require or attempt to require, as a condition of tenancy in a mobile home park, a homeowner, or prospective homeowner, to waive, in a lease or rental agreement, the rights granted to a homeowner by this chapter.

2. It shall be unlawful for a mobile home park owner to deny or threaten to deny a tenancy in a mobile home park to any person on account of such person's refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a tenant by this chapter.

3. Nothing in this section shall preclude a mobile home owner or tenant, or prospective homeowner, from entering into a lease or rental agreement; provided, that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the mobile home park, and is not procured under a threat of denial of tenancy in the mobile home park.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

A. this chapter shall not be construed to limit or curtail any other action or proceeding which may be pursued by an affected homeowner or mobile home park owner before any court or other body having jurisdiction thereof.

B. Defense to Action for Recovery of Possession.

1. A mobile home park owner's failure to comply with any of the provisions of this chapter or any regulations promulgated hereunder shall serve as a complete affirmative defense in any action brought to recover possession of a mobile home space.

2. A homeowner's refusal to pay rent in excess of the amount allowed under this chapter shall be a complete affirmative defense in any action brought to: a) recover possession of a mobile home space for nonpayment of rent; or b) collect rent in excess of the amount allowed under this chapter.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)

The city council may issue rules and regulations as necessary to further the purpose of this chapter, including but not limited to hearing procedures. If any portion of this chapter is declared invalid or unenforceable by decision of a court of competent jurisdiction or rendered invalid or unenforceable by law, the city council shall have the authority to enact replacement regulations consistent with the intent and purpose of the invalidated or unenforceable provisions of this chapter to the extent necessary to resolve any inconsistency.

(Ord. No. 2038, § 2(Att. A), 5-13-2026)