Carpinteria Municipal Code Ch. 5.76 Mobilehome Parks Rent Stabilization Disclosure

Generally, only short term leases are subject to the City's rent stabilization ordinance. In adopting this Chapter, it is the intent of the City Council to provide prospective residents and purchasers of mobilehomes within mobilehome parks subject to the City's rent stabilization ordinance with basic and timely information regarding said ordinance in order to improve informed decision-making regarding available rental and lease options.

(Ord. No. 734, § 2, 12-9-2019)

"Buyer" means a prospective resident of a mobilehome park who makes an offer to purchase a mobilehome in a mobilehome park subject to the City's rent stabilization ordinance.

"In-place transfer" means the transfer of ownership of a mobilehome with the mobilehome remaining on the mobilehome lot following the transfer.

"Lessor" means the owner of a mobilehome park or an agent or representative authorized to act on their behalf in connection with matters relating to tenancy in a park.

"Long-term lease" means any rental agreement for a space within a mobilehome park that is in excess of twelve (12) months duration.

"Mobilehome Residency Law" means California Civil Code Section 798et seq., as may be amended from time to time.

"Mobilehome park subject to the City's rent stabilization ordinance" means the following mobilehome parks within the City of Carpinteria as of the date of the adoption of this Chapter:

1. Seabreeze Mobile Home Park at 4400 Carpinteria Avenue

2. Sandpiper Mobile Village at 3950 Via Real

3. Rancho Granada Mobile Home Park at 5750 Via Real

4. Vista De Santa Barbara Mobile Home Park at 6180 Via Real

5. Arbor Trailer Park at 4725 9th Street

6. Silver Sands Mobile Home Park at 349 Ash Avenue

7. San Roque Mobile Home Park at 5700 Via Real

"Rent stabilization ordinance" means Chapter 5.69 ("Mobilehome Parks") of this Code.

"Short-term lease" means any rental agreement for a space within a mobilehome park subject to the City's rent stabilization ordinance that is for a term of 12 months or less. Such leases are subject to the City's rent stabilization ordinance so long as they do not fall under an Exemption listed in Section 5.69.020.

"Seller" means a person who offers for sale a mobilehome in a mobilehome park subject to the City's rent stabilization ordinance.

(Ord. No. 734, § 2, 12-9-2019)

A copy of this Chapter and Chapter 5.69 ("Mobile Home Parks") of this Code shall be posted in a prominent place at every mobilehome park. A copy of these Chapters shall be shown to every prospective resident of a mobilehome park before the prospective resident agrees to any rental agreement or lease; the prospective resident will be given adequate time to review said Chapters to allow for a full understanding of their contents. Verification that each prospective resident has reviewed these Chapters to their satisfaction prior to agreeing to any rental agreement or lease shall be made through the Disclosure required by Section 5.76.040.

(Ord. No. 734, § 2, 12-9-2019)

A. With respect to any In-Place Transfer in a Mobilehome Park Subject to the City's Rent Stabilization Ordinance, a written disclosure of the City's Rent Stabilization Ordinance in a form substantially as shown in subsection D of this Section shall be required to be made by every Seller within three (3) business days of the Seller's acceptance of a Buyer's offer.

B. With respect to any In-Place Transfer in a Mobilehome Park Subject to the City's Rent Stabilization Ordinance, a written disclosure of the City's Rent Stabilization Ordinance in a form substantially as shown in subsection D of this Section shall be required to be made by the Lessor prior to the prospective resident's signing of a rental agreement. A copy of the Disclosure acknowledged by the resident shall be an addendum to every rental agreement, copies of which shall be kept by both the Lessor and resident.

C. Disclosure of the City's Rent Stabilization Ordinance shall be in at least 12-point type and provided concurrently with any documents required by the Mobilehome Residency Law, including, but not limited to, the "Information for Prospective Homeowners" required by Civil Code section 798.74.5.

D. Disclosure of the City's Rent Stabilization Ordinance shall be in substantially the form herein:

RENT STABILIZATION ORDINANCE DISCLOSURE

This mobilehome park is subject to the City's rent stabilization ordinance, found at Carpinteria Municipal Code ("CMC") Chapter 5.69. Generally, only leases for a term of twelve (12) months or less ("short term leases") are subject to and obtain the benefits of rent stabilization; those for more than twelve (12) months which are for the personal and actual residence of the homeowner ("long term leases") do not. You should consider both short and long term lease options to make the best decision for your circumstances.

For current homeowner's of mobilehome parks, the state Mobilehome Residency Law ("MRL") provides guidance on your rights to inspect an offer for a long-term lease (See California Civil Code Sections 798.17, 798.18, and 798.21).

The MRL is considered a part of every rental agreement, and you are entitled to a copy of it if you ask management. Moreover, a copy of the most up-to-date MRL and the City's rent stabilization and rent stabilization disclosure ordinances (Chapters 5.69 and 5.76 of the Carpinteria Municipal Code) are available online and are posted in a prominent place at every mobilehome park. The park owner/management is required by City ordinance to show you copies of the City's ordinances and provide you adequate time to review them. By signing this Disclosure, you affirm that you were shown the City's ordinances and reviewed them to your satisfaction.

The current rent for this space is $_______ and the current maximum rent authorized by the Carpinteria Rent Stabilization Ordinance for this space is $_______. For rent stabilized spaces, the park owner/management is permitted to lower or raise rents within this maximum. Additional information about the maximum amount of rent authorized under the Carpinteria Municipal Code pursuant to the City's Rent Stabilization Ordinance may be obtained from the City Manager or the City Manager's designee at (805) 684-5405, and from the City's website at http://carpinteria.ca.us/cityclerk/MHP-index.shtml.

Other fees and charges may also apply to the space where the mobilehome is located. The park owner/management is required to provide you, within two (2) business days of your application for residency in the mobilehome park, a document entitled, "Information for Prospective Homeowners." This document identifies the rental amount offer and a description of other applicable fees or charges; it also explains that leases for a term of more than a year are not subject to rent stabilization.

The mobilehome park may have a designated Resident Representative. The Resident Representative for this mobilehome park is ___________, who can be contacted at ___________.

Seller/Lessor certifies that the information contained herein is true and correct to the best of Seller's/Lessor's knowledge as of the date signed below.

___________ Seller/Lessor's Signature

___________ Seller/Lessor's Printed Name

___________ Seller/Lessor's Signature ___________ Seller/Lessor's Printed Name ___________ Date

___________ Date

Buyer/Resident certifies that he/she has read and understands this Disclosure. Buyer/Resident further certifies having been shown or given a copy of Carpinteria Municipal Code Chapters 5.69 (the City's rent stabilization ordinance) and 5.76 (Mobilehome parks rent control disclosure), and that he/she had adequate time to review them.

___________ Buyer/Resident's Signature

___________ Buyer/Resident's Printed Name

___________ Buyer/Resident's Signature

___________ Buyer/Resident's Printed Name

___________ Date

___________ Date

(Ord. No. 734, § 2, 12-9-2019)