Concord Municipal Code Art. II Rent Stabilization

(a) The state has recognized, by the adoption of special legislation regulating tenancies of mobile home owners in mobile home parks (Civil Code § 798 et seq.), that there is a significant distinction between the tenancies of mobile home owners in mobile home parks and other types of residential tenancies.

(b) There is presently, within the city and surrounding communities, a shortage of rental spaces for the location of mobile homes, commensurate with the demand. This inequitable market situation has resulted in low vacancy rates and has contributed or threatens to contribute to rapidly escalating rents.

(c) Compared to conventional home ownership, mobile home ownership is a lower cost form of home ownership which offers substantial benefits to mobile home owners and to the community in the form of moderate cost housing. Mobile home parks in the city represent an important component of the housing stock of the city, especially for senior citizens and persons of low and moderate incomes.

(d) Mobile home owners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence which is located on a rented or leased parcel of land. Their investment commonly includes the purchase of the mobile home and the cost of installing the mobile home on its space and installing related improvements such as a foundation, carports, and integrated landscaping.

(e) In fact, “mobile homes” are “immobile.” The cost of moving mobile homes is substantial. Park restrictions on the age, size, and/or style of mobile homes typically prevent the entry of mobile homes that are more than a few years old. Furthermore, vacant spaces are virtually nonexistent in the mobile home parks within the metropolitan area. Mobile homes are rarely moved after their initial placement in a particular park. Removal and/or relocation of a mobile home from a park space is not a practical alternative to accepting an excessive rent increase in that it can only be accomplished at substantial cost, and in many instances may cause extensive damage to the mobile home and loss of appurtenances such as integrated landscaping and supporting structures inconsistent with the new location.

(f) Minimum acreage requirements for parks severely reduce sites available for such development. Land use permit procedures give local zoning boards the discretion to reject applications for the construction of new parks. No new mobile home parks have been built in the city in the last 20 years.

(g) Due to the combination of a lack of vacant spaces and absence of any likelihood that new parks will be created, park owners have a virtual monopoly on the supply of mobile home park spaces with virtually no possibility for increased competition.

(h) As a practical matter, mobile home owners must sell their mobile homes “in place” and persons who desire to move into mobile home parks must purchase existing mobile homes in order to move into a mobile home park.

(i) If mobile home space rents are not regulated, mobile home owners may experience severe financial hardships since they do not have the option of moving their mobile homes to spaces within the metropolitan area with lower rents. If space rents may be increased without limit upon a change in the ownership of a mobile home, then the value of the mobile home owners’ investments may be severely reduced and mobile home ownership may become financially unfeasible due to the precarious nature of the investment (e.g., it may not be recaptured upon resale).

(j) The existence of housing alternatives for mobile home owners is largely dependent on the maintenance of their equities in their mobile homes. They can relocate to other types of housing only if they can “relocate” their equity in their mobile homes.

(k) Typically, the per space investments of mobile home owners in their “immobile” homes and associated improvements are substantially greater than the per space investment of mobile home park owners in the underlying land and the improvements associated with the construction of the park.

(l) A substantial portion of the residents in mobile home parks in the city are senior citizens, persons on fixed incomes or persons of low or moderate income. The existing park spaces are predominantly occupied by retired elderly tenants who live on fixed incomes, in many cases their sole income is social security payments. These households would experience significant hardships if their rents were substantially increased.

(m) In recent years, in some of the mobile home parks in the city, the rate of rent increases has been substantially in excess of the rate of increase in the cost of living (as measured by the Consumer Price Index).

(n) Problems associated with rapidly increasing mobile home rents were brought to the City Council’s attention as far back as February 1979. Mobile home owners at that time requested that the city adopt a mobile home rent stabilization ordinance. After investigation and the holding of meetings, several park owners voluntarily agreed to meet with mobile home owners annually and to cooperate regarding rent increases and other grievances. Because the voluntary agreement was designed to resolve the differences between the park owners and home owners, the request for a mobile home rent stabilization ordinance was tabled by the City Council.

(o) In July of 1983, mobile home owners again petitioned the City Council for assistance in resolving ongoing problems between mobile home owners and park owners including excessive rent increases. The mobile home owners presented a proposed ordinance regulating rents. After study by the City Attorney’s office and the Council Committee on Mobile Home Issues, and the holding of several meetings with various concerned parties, public hearings were noticed and held for the adoption of an ordinance regulating mobile home rents. In October of 1984, after 16 months of discussion and negotiation, an agreement was reached between the City Council and the park owners which established procedures for resolution of disputes and provided a uniform mechanism for rent increases. The agreement was entered into by the park owners to avoid the adoption of an ordinance regulating rents.

(p) In December of 1987, a nine-member committee was formed to once again look into solutions for ongoing mobile home rent issues. A draft accord was developed after lengthy negotiations. The accord went through numerous revisions based on the changing demands of the parties. Negotiations broke down in October of 1989, with the mobile home owners once again requesting a mobile home rent stabilization ordinance. In lieu of such an ordinance, in December of 1989 the City Council adopted an urgency ordinance continuing the terms of the previous agreement to January 31, 1990. The agreement was then continued an additional five months.

(q) Once again, in 1991, in response to concerns raised by mobile home owners including escalating space rents, the City Council explored various alternatives including looking into the enactment of a mobile home park rent stabilization ordinance. A voluntary agreement was reached with a majority of park owners in the city, whereby the park owners would provide mobile home owners with negotiated longterm leases. This voluntary agreement was entered into as an alternative to rent control.

(r) The existence of the longterm leases has not been effective in remedying the problems between the park owners and the mobile home owners, and there is evidence that the park owners have in certain instances circumvented the purpose and intent of the leases. In January 1994, in response to the problems in several mobile home parks, the City Council appointed a committee to make recommendations to the City Council regarding rent stabilization. Ordinance No. 94-13 was proposed following enactment of a temporary moratorium on rent increases.

(s) The City Council declares that it is now necessary in the public interest to establish a means by which to resolve the occasionally divisive and harmful impasse between park owners and mobile home owners. After consideration of numerous factors, including the mandates of state law, regulations which best fit the needs of the city have been selected.

(t) After reviewing the evidence presented to the City Council, the City Council finds and declares it necessary, in the public interest, to protect mobile home owners from unreasonable rent increases and other unreasonable practices by park owners. In fact, park owners have a “captive” market of mobile home owners who cannot move their dwellings to other spaces.

(u) In the absence of mobile home space rent regulations, park owners would have the power to convert (capitalize) mobile home values into rental charges, since the mobile homes are “immobile.”

(v) At the same time, the City Council finds it necessary to permit rents which will enable park owners to obtain a fair return which is high enough to encourage good management, reward efficiency and discourage the flight of capital.

(w) Mobile home space rent stabilization regulations are consistent with the city’s General Plan policy to encourage a variety of housing types, prices and densities within the community, respond to the need to preserve existing housing stock including mobile homes, increase opportunities for entry to home ownership status and assist in providing housing for low and very low income households.

(x) Mobile home space rent stabilization regulations can assist in protecting affordable housing in combination with city programs and actions designed to reduce costs to the consumer which help to provide a variety of housing types within a range of costs to meet the needs of all income groups.

(y) Mobile home rent regulations have been enacted in over 90 jurisdictions within the state in the past 15 years. The City Council is not aware of a single mobile home park which has gone out of business as a result of imposition of mobile home rent regulations.

(z) The regulations set forth in this division are designed to produce stability in rent increases for mobile home owners while recognizing the rights of mobile home park owners to receive a just and reasonable return.

(aa) The City Council has approved a negative declaration as the appropriate environmental document and finds that the adoption of the ordinance codified in this division will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of this division involves no deviation from the General Plan and no change in the present use of any property within the city.

(Code 1965, § 4990; Code 2002, § 58-91. Ord. No. 94-13)

For the purposes of this division, unless otherwise apparent from the context, certain words and phrases used in this division are defined as follows:

Affected mobile home owners. All mobile home owners in a mobile home park who have been notified by the park owner that a rent increase is to become effective on the same date, or who have been otherwise made aware, in the absence of such notification, that a rent increase (including a reduction in housing service) has or is to become effective on the same date.

Base space rent. The space rent charged and allowed as of January 1, 1994, plus any rent increase allowed thereafter pursuant to this division.

Capital improvements. The installation of new improvements and facilities or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs.

City Clerk. The City Clerk of the City of Concord or the Clerk’s designee.

Consumer Price Index (CPI). The Consumer Price Index for all urban consumers for the San Francisco/Oakland/San Jose Area or, if the area designation is revised, for the area which encompasses Concord (all items), index (1982-1984 equals 100) as reported by the U.S. Bureau of Labor Statistics.

Domestic partner. A person meeting the definition of domestic partner enunciated in Family Code § 297.

Hearing Officer. A person:

(1) Who is neither a mobile home coach owner nor who has an ownership interest in a mobile home park;

(2) Who has obtained a Juris Doctor degree and is a member in good standing of the State Bar of California; and

(3) Who the City Clerk determines has an appropriate level of experience in and knowledge of federal and state law relating to the regulation of mobile homes and mobile home rent control.

Housing services. Includes those services provided and associated with the use or occupancy of a mobile home space, including but not limited to repairs, insurance, maintenance, replacement, painting, light, heat, water, laundry facilities and privileges, refuse removal, parking, recreation facilities, security service and any other benefits, privileges or facilities for which the park owner expends money or consideration to provide.

In-place transfer. A sale, transfer, or other conveyance of a mobile home, with the mobile home remaining in the same mobile home space it occupied prior to the sale, transfer or other conveyance.

Mobile home. A structure designed for human habitation which is transportable in one or more sections along a street or highway, whether commonly referred to as a mobile home, mobile home coach, manufactured home or trailer.

Mobile home owner. Any person owning a mobile home who has a tenancy or right of use or occupancy of a mobile home space in a mobile home park.

Mobile home park. An area of land where two or more mobile home spaces are rented, or held out for rent, or made available for use, to accommodate mobile homes used for human habitation.

Mobile home park owner or park owner. The owner, lessor, or operator of a mobile home park in the city.

Mobile home space or space. The site within a mobile home park intended, designed or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in connection therewith where public utilities are provided.

Rental agreement or lease. An agreement entered into between the park management or owner and a mobile home owner establishing the terms and conditions of a mobile home park tenancy.

Resident. A homeowner or other person who lawfully occupies a mobile home.

Service reduction. Any reduction in housing services which results in a cost savings to park owner without a corresponding reduction in the moneys demanded or paid for space rent. A service reduction may constitute a space rent increase.

Space rent. The total consideration, including any bonus, fees, surcharges, benefits or gratuity, demanded or received in connection with the use or occupancy of a mobile home space in a mobile home park, or the transfer of a rental agreement of such mobile home, or for housing services provided, and security deposits, but exclusive of any amount paid for the use of the mobile home as a dwelling unit.

Space rent increases. Any additional rent above the base space rent which is demanded of or paid by a mobile home owner or tenant for a mobile home space, including service reductions.

Vacancy decontrol space rent increase. The increase in space rent permitted upon the qualifying sale, transfer, or other conveyance of a mobile home.

(Code 1965, § 4991; Code 2002, § 58-92. Ord. No. 94-13; Ord. No. 08-2)

Cross references: Definitions generally, § 1.05.100.

(a) All mobile home spaces within the city shall be subject to the regulations contained herein, except those exempted by the provisions of this section.

(b) The following mobile home spaces shall be exempt from the provisions of this division:

(1) Mobile home spaces which were constructed on or after January 1, 1990, in accordance with Civil Code § 798.45.

(2) Spaces whose rents are exempted from rent regulation because they are covered by a rental agreement meeting all of the requirements of Civil Code § 798.17 or are otherwise exempted from rent regulation by either state or federal law.

(c) Nothing in this division shall operate to restrict the rents charged by a park owner in the case of voluntary termination, abandonment of coach in place, removal as a result of dealer pull-out, or eviction.

(Code 1965, § 4992; Code 2002, § 58-93. Ord. No. 94-13)

(a) No space rent increases shall be permitted except as authorized by this division.

(b) Once every 12 months, the park owner shall be permitted to increase the rent on mobile home spaces covered by this division 80 percent of the percentage increase of the CPI for the 12-month period ending 90 days before such notice of rent increase is given; provided, however, that the annual automatic increase shall be no more than five percent of the base rent charged prior to the increase.

(c) Except as provided in this division, any space rent increase which exceeds 80 percent of the percentage increase of the CPI for the 12-month period ending 90 days before notice of such rent increase is given; or five percent, whichever is less, above the base space rent; or any housing service reduction without a corresponding decrease in space rent shall be subject to review under the hearing process.

(Code 1965, § 4993; Code 2002, § 58-94. Ord. No. 94-13; Ord. No. 08-2)

(a) Subject to the limitations stated in this section, upon the closure of an in-place sale, transfer or other conveyance of a mobile home subject to this division pursuant to section 15.105.170, the park owner may increase by ten percent the space rent for the space underlying the mobile home previously paid by the person(s) selling, transferring or conveying the mobile home.

(b) A vacancy decontrol space rent increase may not be assessed where an existing mobile home owner or resident replaces an existing mobile home with another mobile home, occupying the same mobile home space.

(c) A vacancy decontrol space rent increase may not be assessed where title to the mobile home passes to the owner’s spouse, domestic partner, or son/daughter (whether natural or adoptive) who at the time of the title transfer was also a resident of the mobile home, and the mobile home remains in the same space.

(d) A vacancy decontrol space rent increase may not be assessed to the same mobile home space more than once every 24 months, irrespective of the circumstances surrounding the in-place sale, transfer, or conveyance of the mobile home occupying that space.

(e) Vacancy decontrol space rent increases authorized by this section shall be in addition to any other space rent increases authorized by this division.

(Code 1965, § 4994; Code 2002, § 58-95. Ord. No. 94-13; Ord. No. 08-2; Ord. No. 97-7)

The space rent of any mobile home space may not be increased more than once in any 12-month period. This section shall not apply to a vacancy decontrol space rent increase.

(Code 1965, § 4995; Code 2002, § 58-96. Ord. No. 94-13; Ord. No. 08-2)

With the exception of vacancy decontrol space rent increases, any owner whose mobile home park is subject to the provisions of this division and who seeks to increase rent in excess of the amount allowed as a general annual adjustment, or to reduce housing services without a corresponding reduction in space rent, shall be required to file a notice of special rent increase with the City Clerk. The park owner shall provide a copy of the notice of special rent increase to all mobile home owners subject to such rental increase. Concurrent with the filing of the notice of special rent increase, the park owner shall file a declaration under penalty of perjury stating the amount of the rent increase sought, the current space rent, and that a copy of the notice was delivered personally or by mail to each affected mobile home owner. The names and addresses of all affected mobile home owners shall be listed. Suggested forms are attached as appendices B through D set out at the end of this division.

(Code 1965, § 4996; Code 2002, § 58-97. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

(a) The rental dispute hearing process may be invoked by written petition of mobile home owners representing ten percent of the mobile home spaces affected by a rent increase. The petition shall be filed with the City Clerk.

(b) In the petition the mobile home owners shall designate an individual to serve as the mobile home owner representative for the purposes of receipt of all notices, correspondence, decisions and findings of fact required in this division. Service of notice upon the designated mobile home owner representative will constitute adequate and sufficient notice to the mobile home owners who signed the petition. Failure to designate a mobile home owner representative will render the petition incomplete and the petition will not be accepted for filing.

(c) The petition shall contain the printed name and address (i.e., space number) of each mobile home owner whose rent is being increased, the date said mobile home owner was given notice by the park owner, and the signature of each petitioning mobile home owner. Appended to the petition shall be a copy of the notice given by the park owner (see appendix A for suggested form of petition).

(1) For the purpose of counting petition signatures only, each mobile home space for which a rent increase was noticed shall count as one unit, regardless of the number of persons living in the mobile home on said space.

(2) For the purpose of counting petition signatures only, any person over the age of 18 living in a given mobile home may sign a petition on behalf of that mobile home unit.

(Code 1965, § 4997; Code 2002, § 58-98. Ord. No. 94-13)

The application for review must be filed on a petition form prescribed by the City Council or its designee and must be accompanied by such supporting material as the City Council or its designee shall prescribe, including, but not limited to, a copy of the park owner’s notice of space rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the city. Allegations of service reductions shall be submitted in writing. The burden of proof regarding such service reductions shall be on the person alleging such reductions. Suggested forms are attached hereto as appendices A through C.

(Code 1965, § 4998; Code 2002, § 58-99. Ord. No. 94-13)

A notice by a park owner for a special rent increase must be filed 90 calendar days prior to the effective date of the increase stated in the notice to the affected mobile home owners. The notice must be accompanied by a statement, signed by the park owner under penalty of perjury, that there are no outstanding Health and Safety Code violations in the mobile home park. An affected mobile home owner shall have 30 calendar days after receipt of notice of a space rent increase from the park owner, or one year from the date a housing service reduction goes into effect without a corresponding rent reduction, to file a petition for a hearing pursuant to section 15.105.220.

(Code 1965, § 4999; Code 2002, § 58-100. Ord. No. 94-13; Ord. No. 97-7)

(a) Whenever a park owner notifies a mobile home owner of a proposed general annual adjustment or special rent increase pursuant to this division, the park owner shall also notify the mobile home owner by the same type of notice or, at the park owner’s option, in the same notice, in a conspicuous manner, of the mobile home owner’s right to utilize the rental dispute hearing process and shall provide the following:

(1) A current copy of this division (provided, however, that if a copy has previously been provided and there have been no changes made since then, this requirement is waived);

(2) A statement that a copy of the division was provided to the mobile home owner; and

(3) The business address and telephone number of the City Clerk.

(b) All notices shall be given on the same day each calendar year although increases may take effect on different dates. The purpose of this requirement is to avoid the possibility of multiple disputes over rent increases in the same park within a given year. This subsection (b) does not apply to notices of increases pursuant to existing leases.

(c) A list of all mobile home owners (with their respective space numbers) receiving notice of rent increase concurrently or within the prior 30 days will be made available to any noticed mobile home owner within three days of written request therefor to the park owner.

(Code 1965, § 5000; Code 2002, § 58-101. Ord. No. 94-13)

In the event that a petition is properly and timely filed by mobile home owners pursuant to section 15.105.220, that portion of a requested rental increase (and only that portion) which exceeds the 80 percent increase in CPI limitation described in this division or five percent, whichever is less, shall not take effect unless and until such time as such increase or portion thereof is allowed after hearing and following issuance of the Hearing Officer’s Final Order pursuant to the provisions of this division, unless otherwise required by law.

(Code 1965, § 5001; Code 2002, § 58-102. Ord. No. 94-13; Ord. No. 08-2; Ord. No. 12-6)

(a) The City Clerk shall establish a panel of at least ten (10) potential Hearing Officers meeting the requirements set forth in section 15.105.160 of this Code. Said panel may be modified by the City Clerk from time to time to ensure the availability of qualified Hearing Officers.

(b) Within 5 calendar days after receipt of a Petition for Review of Special Rent Increase, the City Clerk shall mail to the park owner (or his/her/its representative) and the individual designated to serve as the mobile home owner representative for the purposes described in section 15.105.220(b) of this Code, a list setting forth the current Hearing Officer panel.

(c) Within 10 calendar days following the mailing of the Hearing Officer panel, the park owner and mobile home owner representative shall meet and confer, either in person or by telephone, to select a mutually agreed upon Hearing Officer from the current Hearing Officer panel. If the parties are unable to mutually agree upon a Hearing Officer, the parties shall participate in a coin toss to decide which party shall move first. The parties shall then alternately strike successive names from the Hearing Officer panel until one name remains, and such person shall serve as the Hearing Officer. The next to last name shall be the alternate Hearing Officer to serve in the event that the first Hearing Officer is unavailable. During the meet and confer session required in this subsection, the park owner and the mobile home owner representative shall exchange dates of availability for the hearing, taking into account the deadlines set forth in section 15.105.280 of this Code.

(d) Within 3 calendar days following the Hearing Officer selection, the Mobile Home Park owner shall notify the City Clerk in writing of the selected Hearing Officer and the parties’ respective dates of availability for the hearing. The City Clerk shall then contact the selected Hearing Officer to ascertain his/her dates of availability, and, upon meeting and conferring with the parties, shall select the date(s) for the hearing.

(Code 1965, § 5002; Code 2002, § 58-103. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

A hearing shall be conducted within 70 calendar days from the date the parties notify the City Clerk of their selection of a Hearing Officer, pursuant to section 15.105.270 of this Code, or within such additional time as may be mutually agreed upon by the parties, or as deemed necessary by the City Clerk. The parties shall be given notice of the date, time and location of the hearing at least 60 days prior to the date set for the hearing. The notice period shall commence upon deposit of the notice in the regular first class mail to the parties.

(Code 1965, § 5003; Code 2002, § 58-104. Ord. No. 94-13; Ord. No. 08-2)

(a) Upon determination of the Hearing Officer, he or she shall be contacted by the City Clerk to determine the estimated hearing fee, which shall include an estimate of all fees generated by the Hearing Officer relative to reviewing submittals by the parties, conducting the hearing, and engaging in any activities related to the determination of whether the proposed Special Rent Increase shall be permitted. The City Clerk shall notify the park owner in writing of the estimated Hearing Officer fees no less than 50 days prior to the first date set for the hearing.

(b) No later than 35 days prior to the first date set for the hearing, the park owner shall submit to the City Clerk payment in full of the estimated Hearing Officer fees. If payment is not timely received, the hearing shall be postponed, and the hearing shall not be re-scheduled until such time as payment is received.

(c) Upon the completion of the hearing and the issuance of a decision, the Hearing Officer shall submit to the City Clerk a final invoice for all services. To the extent that the invoice amount exceeds the fees paid by the park owner pursuant to subsection (b) of this section, the park owner shall issue payment of the difference to the City Clerk.

(d) Commencing no sooner than 30 days after payment by the park owner pursuant to subsection (c) of this section, the park owner may pass through, as hereinafter described, a percentage of the Hearing Officer fees to all of the owners/residents of mobile homes occupying spaces in the affected park subject to mobile home rent stabilization under this division. No more than 35 percent of the Hearing Officer fees may be passed through to mobile home owners/residents in the affected park. The 35 percent figure shall be prorated by the number of spaces subject to mobile home rent stabilization under this division, and shall further be amortized over a period of 12 months. To the extent that a mobile home is sold prior to payment by the coach owner of the Hearing Officer fees described in this section, the purchaser of the mobile home shall be responsible for any remaining amount.

(Code 1965, § 5004; Code 2002, § 58-105. Ord. No. 94-13; Ord. No. 08-2)

(a) The park owner, the affected mobile home owners, and at the city’s discretion, representatives of the city, may appear at the hearing and offer oral and documentary evidence. Hearings shall be conducted in an efficient and expeditious manner, and absent a showing of good cause or Hearing Officer unavailability, shall be completed with no intervals between hearing dates. Subject to constitutional fair hearing and due process rights, the Hearing Officer shall have the authority to limit the number of witnesses (both expert and percipient) that the parties and/or the city may call to testify, and the length of time utilized by the parties to question the witnesses. The Hearing Officer may exclude witnesses whose testimony is deemed cumulative or irrelevant to the subject matter of the hearing. The Hearing Officer may establish deadlines for the submittal of documentary evidence, “motions” or other written submittals, may exclude from consideration any such submittals if they are not timely filed, or if they are irrelevant or otherwise improper, and may limit the length of any written submittals. The Hearing Officer may require the parties and the city, if it is participating in the hearing, to submit pre-hearing and post-hearing statements or summations, and may limit their length.

(b) At the discretion of the Hearing Officer, a continuance of the hearing for a period of no more than 21 calendar days may be granted, upon a showing of good cause. No more than one continuance per party shall be permitted, unless agreed upon by the Hearing Officer, the parties and the city.

(c) The Hearing Officer shall exercise discretion in the determination of facts. The Hearing Officer need not require adherence to formal rules of evidence, provided that constitutional fair hearing and due process rights are observed.

(d) The parties in the hearing are entitled to be represented by an attorney of their choice. To the extent that one or more of the parties do not have an attorney, an individual representative shall be designated. Written designation of the respective parties’ representative(s) shall be filed with the Hearing Officer a reasonable time after the Hearing Officer is selected.

(e) This division makes no provision for the recovery of attorney fees and costs by park owners or mobile home owners with respect to Special Rent Increase hearings or any hearings described in this division, regardless of which party prevails.

(Code 1965, § 5005; Code 2002, § 58-106. Ord. No. 94-13; Ord. No. 08-2)

Based upon the evidence presented at the hearing, the Hearing Officer shall make a determination whether or not, in light of all the evidence presented, the proposed rent increase is reasonable under the circumstances, in accordance with the maintenance of net operating income formula as set out herein, or any other factor necessary to provide the park owner with a fair return. The burden of proof regarding such reasonableness shall be on the owner unless otherwise indicated. Provided, however, in the case of a housing service reduction petition brought by mobile home owners where the owner did not first petition for the increase, the determination shall be made based solely on whether or not the housing service reduction resulted in a cost savings to the park owner.

(Code 1965, § 5006; Code 2002, § 58-107. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

Within 30 calendar days following the conclusion of the hearing, the Hearing Officer shall make a determination in writing whether or not the proposed increase or any portion thereof is reasonable under the circumstances or not, and shall make written findings of fact upon which such determination is based. The City Clerk shall cause copies of the determination and the findings to be mailed by regular first class mail to the parties.

(Code 1965, § 5007; Code 2002, § 58-108. Ord. No. 94-13; Ord. No. 08-2)

Any rental or housing service charge increases which have been collected by mobile home park owners pursuant to an increase which is the subject of a petition for hearing and which is later determined by the Hearing Officer to be excessive shall, within 90 calendar days, be either returned to the mobile home owners or credited to future rental charges at the option of the mobile home owner. In no event shall the time period for repayment exceed 90 calendar days for carrying out the decision of the Hearing Officer.

(Code 1965, § 5008; Code 2002, § 58-109. Ord. No. 94-13; Ord. No. 08-2)

The determination of the Hearing Officer shall not be appealable to the City Council. Any party disputing the final conclusions and findings of the Hearing Officer may seek review of them pursuant to Code of Civil Procedure §§ 1094.5 and 1094.6.

(Code 1965, § 5009; Code 2002, § 58-110. Ord. No. 94-13; Ord. No. 08-2)

The determination made under the provisions of this division shall be effective with respect to all mobile home park spaces, with the exception of mobile home spaces described in sections 15.105.170(b)(1) and (b)(2) of this Code.

(Code 1965, § 5010; Code 2002, § 58-111. Ord. No. 94-13; Ord. No. 08-2)

For any rent increase approved pursuant to proceedings conducted in compliance with the provisions of this division, the mobile home park owner shall, when demanding any space rent which includes such allowed amounts, specify with particularity that amount along with a citation as to the authority for that amount and a demonstration of its calculation. Any notice of termination of tenancy served by the mobile home park owner upon a mobile home owner on the basis of a failure to pay rent which includes such allowed charges shall similarly show such charges and the authority for their imposition.

(Code 1965, § 5011; Code 2002, § 58-112. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

It is expected that a rent increase within the limits of section 15.105.180 will provide the park owner with a fair and reasonable return. However, in the event a rent increase in the amounts specified in section 15.105.180 does not provide the park owner with a fair and reasonable return, the park owner may request an increase in excess of said amounts by filing a notice of special rent increase in accordance with the provisions of sections 15.105.210 and 15.105.380 through 15.105.460.

(Code 1965, § 5012; Code 2002, § 58-113. Ord. No. 94-13; Ord. No. 08-2)

For the purposes of determining the special rent increase necessary to provide the park owner with a fair and reasonable return, it shall be presumed that the net operating income, as described below, received by the park owner in the base year, provided the park owner with a fair and reasonable return.

(Code 1965, § 5013; Code 2002, § 58-114. Ord. No. 94-13; Ord. No. 08-2)

Base year means the 1993 calendar year.

(Code 1965, § 5014; Code 2002, § 58-115. Ord. No. 94-13; Ord. No. 08-2)

The base year net operating income shall be determined by subtracting the actual operating expenses for the base year from the gross income realized during the base year.

(Code 1965, § 5015; Code 2002, § 58-116. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

The park owner shall provide evidence of gross income, operating expenses, and the determination of net operating income for the base year and current year. All figures shall be certified by the park owner under penalty of perjury as true and correct and with respect to expenses permitted under section 15.105.440 and income used to determine gross income under section 15.105.430. Any party to the hearing may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income as set forth in section 58 116 and the Hearing Officer may adjust said net operating income accordingly if at least one of the following findings is made:

(1) The park owner’s operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The Hearing Officer shall consider the following factors in making this finding:

a. Extraordinary amounts were expended for necessary maintenance and repairs;

b. Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;

c. Other expenses were unreasonably high or low in comparison to prudent business practices;

d. Costs of debt service paid during the base year, where the proceeds of the debt were used for capital improvements or rehabilitation in the mobile home park.

(2) The gross income during the base year was disproportionate. In such instances, adjustments may be made in calculating gross income consistent with the purposes of this division. The Hearing Officer shall consider the following factors in making this finding:

a. The gross income during the base year was lower than it might have been because some mobile home owners were charged reduced rent;

b. The gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction for construction or repairs.

(3) The rents charged by the park owner in the base year were significantly below the rents for mobile home spaces in the city with comparable amenities, because of unique or extraordinary circumstances.

(Code 1965, § 5016; Code 2002, § 58-117. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

The net operating income as of the date of filing a notice requesting an increase in excess of the amounts specified in section 15.105.180 shall be determined by:

(1) Annualizing the rents in effect as of the date of filing to determine the annualized gross income;

(2) Determining the operating expenses during the immediately preceding calendar or fiscal year;

(3) Subtracting the operating expenses determined pursuant to subsection (2) from the annualized gross income.

(Code 1965, § 5017; Code 2002, § 58-118. Ord. No. 94-13; Ord. No. 08-2)

(a) For the purposes of determining the net operating income, gross income shall be the sum of the following:

(1) Gross rents calculated as gross rental income at 100 percent occupancy, adjusted for uncollected rents as provided in subsection (b) of this section:

(2) Income from any laundry facilities and parking fees;

(3) All other income or consideration received or receivable in connection with the use or occupancy of the mobile home space.

(b) Gross rents shall be adjusted for uncollected rents due to vacancy and bad debts to the extent such are beyond the control of the owner. No such adjustment shall be greater than three percent of gross rents unless justification for a higher rate is demonstrated by the owner.

(Code 1965, § 5018; Code 2002, § 58-119. Ord. No. 94-13; Ord. No. 08-2)

(a) For the purposes of determining net operating income, operating expenses shall include the following:

(1) Reasonable costs of operation and maintenance.

(2) Utility costs to the extent they are not paid by the residents.

(3) Park owner-performed labor compensated at reasonable hourly rates.

a. No park owner-performed labor shall be included as an operating expense unless the park owner submits documentation showing the date, time and nature of the work performed.

b. There shall be a maximum allowed under this provision of five percent of gross income unless the park owner shows greater services were performed for the benefit of the mobile home owners.

(4) License and registration fees required by law to the extent such are not otherwise paid by the residents.

(5) Seventy-two percent of the costs of capital improvements plus a reasonable rate of interest on 72 percent of the capital improvement costs where all of the following conditions are met:

a. The capital improvement is made at a direct cost of not less than $100.00 per affected space or at a total direct cost of not less than $5,000.00, whichever is lower;

b. The costs, less any insurance proceeds or other applicable recovery, are averaged on a per-space basis for each space actually benefited by the improvement;

c. The costs are amortized over a period of not less than 60 months;

d. The costs do not include any additional costs incurred for property damage or deterioration resulting from any unreasonable delay in the undertaking or completion of any repair or improvement;

e. If the capital improvement is an upgrading rather than a replacement of an existing structure or facility, the cost shall only be allowed as an expense if the upgrading is required by law, or at least one resident of 50 percent of the mobile homes in the park has agreed to the improvement in writing in advance.

(6) Real property taxes and assessments to the extent they are not covered by Civil Code § 798.49.

(b) Operating expenses shall not include the following:

(1) Mortgage principal or interest payments or other debt service costs or ground lease payments; provided, however, that involuntary increases over the base year amounts occurring as a result of a financing transaction or agreement entered into prior to January 1, 1993, may be considered as operating expenses. For example: refinancing necessitated by the termination of a loan with a balloon payment, or increased costs incurred as a result of a variable interest rate loan used to finance acquisition of the mobile home park. Increased interest or ground lease payments shall be permitted to be considered as an operating expense only where the park owner can show that the terms were reasonable and consistent with prudent business practices when entered into and under current the circumstances remain consistent with prudent business practices;

(2) Any penalties, fees or interest assessed or awarded for violation of any provision of this division or of any other provision of law;

(3) Legal fees except as specified in subsection (c) of this section;

(4) Political contributions;

(5) Any expenses for which the owner has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device;

(6) Avoidable and unnecessary expense increases since the base year;

(7) Depreciation;

(8) Expenses which are excessive in relation to the customary and reasonable costs of such items;

(9) Expenses related to the sale or conversion of the mobile home park;

(10) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the park owner can demonstrate that such improvements benefit the mobile home owners;

(11) Expenses for utilities when the income for the utilities is not calculated as part of rental income in determining income herein.

(c) Legal expenses allowed in the calculation of operating expenses shall include: attorneys’ fees and costs incurred in connection with successful good-faith attempts to recover rents owing, successful good-faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties. Attorneys’ fees incurred in relation to the administrative or judicial proceedings in connection with this division are not allowable as operating expenses.

(Code 1965, § 5019; Code 2002, § 58-120. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)

(a) It shall be presumed that the base year net operating income adjusted by (1) sixty percent (60%) of the percentage increase in the Consumer Price Index (CPI) between the Base Year and December 31, 2008; and (2) eighty percent (80%) of the percentage increase in the Consumer Price Index from January 1, 2009 to the date the special rent increase application was filed yields a fair return. The Hearing Officer shall make a determination whether the park owner will receive a fair return under this standard.

(b) Base year Consumer Price Index shall be the CPI level in the sixth month of the base year. The applicable percentage increase or decrease in the Consumer Price Index shall be determined by comparing the base year CPI with the CPI level on the filing date of the current owner petition.

(c) In evaluating whether or not the park owners are receiving a fair return on their investment, the Hearing Officer shall consider other relevant factors without limitation.

(Code 1965, § 5020; Code 2002, § 58-121. Ord. No. 94-13; Ord. No. 08-2; Ord. No. 12-6)

(a) The Hearing Officer shall set the special rent increase in the amount required to provide the park owner with a fair and reasonable return.

(b) In determining the special rent increase required to provide the park owner with a fair and reasonable return, the following shall be determined:

(1) The fair and reasonable return in accordance with section 15.105.450;

(2) The gross income required to produce the fair and reasonable return;

(3) The rent increase needed to produce the required gross income.

(Code 1965, § 5021; Code 2002, § 58-122. Ord. No. 94-13; Ord. No. 08-2)

(a) Penalty. No person shall demand, accept, receive or retain any rent in excess of the amounts allowed under this division. Any person may file a complaint regarding an alleged violation of this division with the City Clerk. The City Attorney is authorized to, in his discretion, investigate and prosecute those complaints that are determined to merit prosecution. Any person found to have willfully demanded, accepted, received or retained any rent in excess of the amounts allowed under this division is guilty of a misdemeanor.

(b) Civil action. Any person who willfully demands, accepts, or retains any payment of rent in violation of the provisions of this division 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.

(c) Waiver of rights.

(1) Any waiver or purported waiver by a mobile home owner of rights granted under this division prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this section.

(2) It shall be unlawful for a park owner to require or attempt to require, as a condition of tenancy in a mobile home park, a mobile home owner, or prospective mobile home owner, to waive, in a lease or rental agreement, the rights granted to a mobile home owner by this division.

(3) It shall be unlawful for a 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 division.

(4) Nothing in this section shall preclude a mobile home owner or tenant, or prospective tenant, 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.

(Code 1965, § 5022; Code 2002, § 58-123. Ord. No. 94-13; Ord. No. 08-2)

A tenant may refuse to pay any rent in excess of the maximum rent established pursuant to this division. The fact that the unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobile home space for nonpayment of rent or to collect the illegal rent.

(Code 1965, § 5023; Code 2002, § 58-124. Ord. No. 94-13; Ord. No. 08-2)

(a) Procedure separate from arbitration of rent disputes. This section is provided to enable mobile home owners and park owners to resolve disputes when there is no concurrent issue concerning a rent increase which is subject to the rent dispute resolution process. If at any time while the nonrental dispute remains unresolved there is a rent dispute, then the nonrental dispute issues shall be resolved separately in accordance with this section and shall not be consolidated with the rent dispute proceeding.

(b) Notice of objection. One or more mobile home owners in a mobile home park, or the mobile home park owner, may at any time file a written objection with the other, as to maintenance, capital improvement, housing services, or any other concern related to the physical condition or living condition of the mobile home park.

(c) Informal meeting. Within ten days after service of the written objection from a mobile home owner, the mobile home park owner shall set a time and place for a meeting to be held on the mobile home park premises, giving the mobile home owner at least five days’ notice of the time and place at which the park owner will be available to meet with the mobile home owner to discuss the objection. In the case of a written objection filed by the park owner, a time and place for discussion shall be set forth in the notice. The purpose of this meeting shall be to allow the parties the opportunity to resolve any differences they may have concerning nonrental disputes. The meeting may be continued to another time and place agreeable to the parties. The parties may agree to consolidate more than one notice of objection in the same discussion.

(d) Petition for formal mandatory mediation. If the informal meeting does not resolve the dispute to the satisfaction of one or more of the parties, the dissatisfied party or parties (mobile home owner and/or park owner) may, within ten days of the date of the meeting, file with the City Clerk a petition for mediation of nonrent dispute. A reasonable petition filing fee intended to defray the costs of the mediator and the hearing costs shall be established by resolution of the City Council. The filing fee, or a request for waiver of the fee together with supporting affidavit showing the need for the waiver, shall be submitted with the petition.

(e) Assignment of mediator and hearing date. Upon receipt of the petition, the City Clerk shall assign a mediator. The City Clerk shall set a date for the mediation hearing no sooner than ten or later that 21 days after the mediator is assigned. The parties shall be notified immediately in writing by the City Clerk of the date, time and place of the mediation hearing. So far as possible, the City Clerk shall set the date and time of the mediation hearing shall be set at the convenience of the parties.

(f) Mediation hearing.

(1) The parties may appear at the mediation and offer oral and documentary evidence. The parties may designate a representative or representatives to appear for them at the hearing. Such designation shall be in writing, and in the case of a mobile home owner, the designation may be included on the petition form. The mediator may grant or order one continuance for not more than ten days from the date of the initial mediation hearing. The petitioner shall have the initial burden of proving the merit of each item in dispute. Upon the determination of the mediator that a prima facie case has been made on a particular issue in dispute the burden of proof shall be upon the other party to rebut the claim.

(2) At any time during the mediation hearing process the mediator may, upon a determination of lack of good faith, or if the parties reach an impasse, or upon a determination that further mediation is impracticable, or not likely to be of further value, terminate the proceeding. The parties shall be notified of this decision in person, if possible, or forthwith in writing if the decision is made outside the presence of the parties.

(3) In the event that the parties agree to a resolution of the disputed nonrental issues, the mediator shall prepare a memorandum of agreement for the signature of the parties. This agreement shall constitute a legally enforceable contract. Failing execution of a memorandum of agreement by all parties within ten days of the hearing at which agreement is first reached, no executed memorandum of agreement shall be deemed valid or enforceable and the parties shall proceed to best-offer mediation or termination of the proceeding as determined by the mediator.

(4) The mediator may request each party to submit a best offer in writing within five days of the initial mediation hearing or the continued hearing, if any, if agreement is not reached at that hearing. Failure of any party to submit a best offer shall be deemed to be a rejection of mediation as to that party, and the mediation proceeding shall be terminated therewith. Upon receipt of a best offer from each party, the mediator shall determine the resolution of the dispute which is reasonable. The determination of the mediator shall be based upon all the provisions of this division and shall be made within ten days after submittal of the parties’ best offers. The mediator shall forthwith communicate this determination and the reasons for it in writing by mail to the parties and the City Clerk. The determination of the mediator is final and binding unless one or more of the parties within ten days files a written rejection of the mediator’s determination, in which case the mediation process is terminated.

(5) The record of the mediation shall be filed by the mediator with the City Clerk. Such record shall be admissible evidence in any subsequent rent dispute proceeding.

(Code 1965, § 5024; Code 2002, § 58-125. Ord. No. 94-13; Ord. No. 08-2)

(a) It shall be the duty of every park owner to provide a copy of this division, with appendix E attached as the front page and appendix G as the second page, to each resident mobile home owner or prospective resident mobile home owner at least three working days prior to the signing of any lease or rental agreement. All mobile home owners and prospective mobile home owners shall sign two copies of appendix F acknowledging receipt of a copy of the division. The park owner shall keep a signed copy of this division.

(b) It shall be the duty of every park owner to provide, upon request, a copy of appendix E to each and every mobile home owner tenant seeking to sell his mobile home.

(c) A single copy of the division shall be provided to each park owner by the city for reproduction by the park owner. Whenever this division is amended, the city shall send an updated copy of this division to each park owner.

(Code 1965, § 5025; Code 2002, § 58-126. Ord. No. 94-13)

It shall be the duty of every mobile home owner seeking to sell his mobile home to provide a copy of appendix E to each prospective buyer of the mobile home. The mobile home owner shall be provided a copy of appendix E by the park owner pursuant to section 15.105.500.

(Code 1965, § 5026; Code 2002, § 58-127. Ord. No. 94-13)

(a) An administrative fee may be imposed for the purpose of defraying the cost of administration of this division. The fee is to be established by resolution of the City Council and may be determined by the city (on an annual basis) from all or part of the costs incurred in the administration of this division in the prior calendar or fiscal year based on the general costs of administration, including city staff time, costs of drafting the ordinance, preparation of notices, postage, copying, etc. The administrative fee shall be apportioned equally to all mobile home spaces in the city except those exempt from local rent control pursuant to Civil Code § 798.17.

(b) The administrative fees imposed by this section shall be paid by the park owner within 45 days from the date of billing by the city.

(c) The park owners may pass through 50 percent of the administrative fees assessed against them to the mobile home owners. The pass-through shall be apportioned equally among the affected mobile home spaces and shall be amortized over a 12-month period. The administrative fee passed through shall be itemized on the rent notices and shall not be included as part of the base rent upon which future rent increases are based. The amount shall be deleted from the space rent once the pro-rata share of administrative fees has been collected.

Appendix A

PETITION PROTESTING SPECIAL RENT INCREASE

We, the undersigned, home owners at ________________ Mobile Home Park in Concord, California, having been served with a Notice of Special Rent Increase by the Park owner, hereby protest the increase and request voluntary negotiations between the owner and the following committee of home owners pursuant to the provisions of chapter 15.105, division 3 of the Concord Municipal Code;

(Insert names, addresses and telephone numbers of proposed tenant committee.)

Date Notice _____________________

TABLE INSET:

A copy of the owner’s notice is annexed to this petition.

Appendix B

PROOF OF SERVICE BY MAIL, IF SIGNED IN CALIFORNIA

I am a citizen of the United States and a resident of _______________________ County, California. I am over the age of 18 years and I am not a party to this matter. My business address is ____________________________________________.

On ______________________, I served the within ______________________________ on the ___________________________ in this matter by placing a true copy thereof enclosed in a sealed envelope with postage thereon, fully prepaid, in the United States mail at ________________ addressed as follows:

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _________________________, California on ______________________.

TABLE INSET:

(See Code of Civil Procedure § 2015.5 for proper form to use if proof of service is signed outside California.)

Appendix C

PROOF OF PERSONAL SERVICE, IF SIGNED IN CALIFORNIA

I am a citizen of the United States and a resident of ______________________ County. I am over the age of eighteen years and not a party to this matter. My business address is _______________________________________________________.

I served the within (Insert Name of Paper Served) by personally delivering to and leaving with the following persons in the County of _____________________________, State of California, on the date set opposite their respective names a true copy thereof, to wit:

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _____________________________________, California on _________________.

(See Code of Civil Procedure § 2015.5 for proper form to use if proof of service is signed outside California.)

Appendix D

OWNER’S NOTICE OF SPECIAL RENT INCREASE

I, the owner of ______________________ Mobile Home Park in Concord, California, pursuant to the terms of Ordinance No. 94-13 hereby notify you of a Special Rent Increase in the amount of $__________________.

Date: ______________________

Note: This notice is to be filed with the City Clerk and must include a document showing that the tenants have been notified of the increase. This type of notice is found in appendices B and C to this division.

Appendix E

CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE

NOTICE

Pursuant to Concord Municipal Code Section 15.105.250, the owner, lessor, operator or manager of a mobile home park in the City of Concord is required to provide to each tenant or prospective tenant a current copy of the Concord Mobile Home Park Rent Stabilization Ordinance (chapter 15.105, division 3 of the Concord Municipal Code), with a copy of this Appendix attached as the front page, prior to the signing of any lease or rental agreement. All tenants or prospective tenants are required to sign two copies of Appendix F acknowledging receipt of the Ordinance.

Pursuant to Concord Municipal Code Section 15.105.510, the tenant seeking to sell his or her mobile home shall provide a copy of this Appendix to each prospective buyer of the mobile home.

IMPORTANT NOTICE

1. The City of Concord has enacted a Mobile Home Park Rent Stabilization Ordinance.

2. You do not have to sign a lease or rental agreement with a term longer than 12 months in order to be able to live in this park.

3. If you choose to enter into a lease or rental agreement with a term longer than 12 months, your space will not be covered by the provisions of the Mobile Home Park Rent Stabilization Ordinance.

In order to fully understand the provisions of the ordinance you should consult a complete copy of the ordinance. The following, however, is a summation of certain pertinent provisions of the ordinance.

UNDER THE ORDINANCE

1. You may receive an annual rent increase no more than 80% of the San Francisco/Oakland/San Jose Consumer Price Index (CPI). A park owner who seeks to increase rents above that amount must notify the City Clerk of the proposed Special Rent Increase. Park tenants may require a special hearing before a Hearing Officer before an annual rental increase larger than 80% of the CPI may take effect.

2. A space rent increase of 10% is permitted under the circumstances described in section 15.105.190 of this Code, when there is an in-place sale of a mobile home.

Appendix F

CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE

I, _________________________, hereby acknowledge receipt of a copy of the Concord Mobile Home Park Rent Stabilization Ordinance, chapter 15.105, division 3 of the Concord Municipal Code.

TABLE INSET:

Appendix G

CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE

NOTICE

IMPORTANT NOTICE TO HOMEOWNER REGARDING THE PROPOSED RENTAL AGREEMENT FOR _______________________________ MOBILE HOME PARK. PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS OF 12 MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS MOBILE HOME SPACE FROM THE PROVISIONS OF THE CITY OF CONCORD RENT CONTROL LAW. THE CITY OF CONCORD AND THE STATE MOBILE HOME RESIDENCY LAW (CALIFORNIA CIVIL CODE § 798 ET SEQ.) GIVE YOU CERTAIN RIGHTS. BEFORE SIGNING THIS RENTAL AGREEMENT YOU MAY CHOOSE TO SEE A LAWYER.

UNDER THE PROVISIONS OF STATE LAW, YOU HAVE A RIGHT TO BE OFFERED A RENTAL AGREEMENT FOR ONE (1) TERM OF 12 MONTHS, OR (2) A LESSER PERIOD AS YOU MAY REQUEST, OR (3) A LONGER PERIOD AS YOU AND THE MOBILE HOME PARK MANAGEMENT AGREE. YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT FOR 30 DAYS BEFORE ACCEPTING IT OR REJECTING IT. IF YOU SIGN THE AGREEMENT YOU MAY CANCEL THE AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE CANCELLATION WITHIN 72 HOURS OF YOUR EXECUTION OF THE AGREEMENT. IT IS UNLAWFUL FOR A MOBILE HOME PARK OWNER OR ANY AGENT OR REPRESENTATIVE OF THE OWNER TO DISCRIMINATE AGAINST YOU BECAUSE OF THE EXERCISE OF ANY RIGHTS YOU MAY HAVE UNDER THE CITY OF CONCORD RENT CONTROL LAW, OR BECAUSE OF YOUR CHOICE TO ENTER INTO A RENTAL AGREEMENT WHICH IS SUBJECT TO THE PROVISIONS OF THAT LAW.

I hereby declare under penalty of perjury under the laws of the State of California that I gave a copy of this notice to _______________________________ on _____________, 20_____.

TABLE INSET:

I acknowledge receipt of this notice on ___________________________, 20_____.

TABLE INSET:

(Code 1965, § 5027; Code 2002, § 58-128. Ord. No. 94-13; Ord. No. 97-7; Ord. No. 08-2)