Daly City Municipal Code Ch. 2.52 Mobile Home Rent Review Commission

The provisions of this chapter shall not apply to any mobile home park which contains fewer than twenty-five spaces.

(Ord. 921 § 5, 1980)

A. "Board" means the mobile home rent review commission board established by Section 2.52.030.

B. "City" means the city of Daly City, a municipal corporation.

C. "Commissioners" means commissioners or members of the mobile home rent review commission.

D. "Council" means the city council of the city of Daly City.

E. "Owner" or "park owner" means the owner, lessor, operator or manager of a mobile home park subject to the provisions of this chapter.

F. "Space rent" means the consideration, including any bonus, benefits or gratuity demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for the transfer of a lease for park space, service and amenities, subletting and security deposits, but exclusive of any amounts paid for the use of the mobile home dwelling unit.

G. "Tenant" means any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or under a rental or lease arrangement with the owner thereof.

(Ord. 921 § 1, 1980)

A. The council does create a rent review commission, consisting of five members, the membership of which shall be appointed by the council to serve at the council's pleasure.

B. One member shall be a tenant and shall be selected by the council from a list of no more than three applicants supplied through a tenants' association, if there is one, or selected by the council from any tenant if no tenants' association exists.

C. One member shall be an owner and shall be selected by the council from a list of no more than three applicants supplied through the owners' association, if there is one, or selected by the council from any owner if no owners' association exists.

D. The third, fourth and fifth members shall be neither mobile park tenants, owners, operators or managers and shall be selected by the council from a list of applicants at large.

1. The city council may, at its discretion, designate an alternate to the third, fourth and fifth members of the commission, who shall be neither a mobile park tenant, owner, operator or manager and who shall be entitled to serve in the event of the inability to act of either the third, fourth or fifth member of the mobile home rent review commission at any hearing held pursuant to the provisions of this chapter;

2. Said alternate shall be entitled to sit during all deliberations, but shall not have the right to take part in any deliberations, except and in the event of the inability of either the third, fourth or fifth member to act or be present during the deliberations. Said alternate's right to serve shall terminate upon the expiration of the hearing for which said alternate is appointed;

3. The alternate, while being present, shall be entitled to the same fee that a regular member would receive;

4. The appointment of the alternate may be made without the council following its usual procedures for appointments to boards and commissions.

E. Each member shall be a resident of city at the time of appointment and during service as a member of the commission, except that the owner's representative selected need not be a resident of city at the time of appointment or during service as a member of the commission.

F. Commissioners shall serve for terms of three years except that of those members first appointed by the council. First members who are the at large members shall be appointed for terms of one year, two years and three years, respectively, the term to be determined by lot, the member who is the owner for a term of three years, and the member who is the tenant for a term of three years. A member chosen to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member who is succeeded. A member of the commission shall be eligible for reappointment until a member has served two full terms. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission. Three members shall constitute a quorum, provided that the tenant member and the owner member are present. Three affirmative votes are required for a ruling or decision.

G. Commissioners shall not be compensated for their service on the commission.

(Ord. 1005 § 1, 1983; Ord. 998 § 2, 1983; Ord. 998 § 1, 1983; Ord. 921 § 2, 1980)

Within the limitations provided by law, the commission shall have the following powers:

A. To meet from time to time as requested by the city manager, or upon the filing of a petition, and to utilize city offices and/or facilities as needed;

B. To receive, investigate, hold hearings on and pass upon the petitions of tenants as set forth in this chapter;

C. To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out their duties;

D. To adjust maximum rents, either upward, downward or maintain existing rents, upon completion of their hearings and investigations;

E. To render, at least semiannually, a comprehensive written report to the council concerning their activities, rulings, actions, results of hearings and all other matters pertinent to this chapter which may be of interest to the council;

F. To adopt, promulgate, amend and rescind administrative rules to effectuate the purposes and policies of this chapter, subject to the approval of council;

G. To maintain and keep rent review hearing files and dockets listing the time, date and place of hearings, the parties involved, the addresses involved and the final disposition of the petition;

H. To assess such amounts of money against the petitioners or respondents upon the conclusion of a hearing as may be reasonably necessary to compensate the city for costs in connection with the hearing.

(Ord. 1005 § 2, 1983; Ord. 921 § 3, 1980)

A. Upon the written petition of more than fifty percent of the tenants of any mobile home park exceeding twenty-five spaces who will be or have been, within a ninety-day period, subject to a rental or service charge increase, the commission shall hold a hearing no sooner than ten days and no later than thirty days at a place and time to be set by the commission, to determine whether or not the rental or service charge increase is so great as to be unconscionable or an unreasonable increase. A reasonable continuance may be granted if stipulated to by both parties or at the commission's discretion.

B. The petition shall be accompanied by a cash deposit in the sum of three hundred dollars, all or part of which may be assessed against the petitioners for costs pursuant to Section 2.52.040(H). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the commission.

C. Upon receipt of the petition, the commission shall notify the park owners, in writing, of the petition and shall require from the respondents a like cash deposit in the sum of three hundred dollars, all or part of which may be assessed against the respondents for costs pursuant to Section 2.52.040(H). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the commission.

D. All rent review hearings shall be open to the public.

E. All parties to a hearing may have assistance in presenting evidence or in setting forth by argument their position from an attorney or such other person as may be designated by the parties.

F. In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, the commission may hear and review such evidence as may be presented and make such decisions just as if both parties had been present.

G. The commission shall make a final decision no later than ten days after the conclusion of its hearing on any petition. No rent adjustment shall be granted unless supported by the preponderance of evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the board's decision and a copy of the findings upon which the decision is based.

H. Pursuant to the findings, the commission may require the owner to:

1. Reduce the rental or service charges to a rate to be determined by the commission;

2. Continue the rental or service charges as they existed under the former lease or rental arrangement; or

3. To increase the rental or service charges to a rate set by the commission or to the rate requested by the park owner.

I. Any rental or service charge increases which have been collected by an owner pursuant to an increase which is the subject of a petition for hearing, and which is later determined by the commission to have been excessive, shall be either returned to the tenants or credited to future rental charges.

J. In evaluating the rent increase proposed or effected by the park owner, the commission shall consider increased costs to the owner attributable to increases in utility rates and property taxes, insurance, advertising, governmental assessments, costs of living increases attributable to incidental services, normal repair and maintenance, capital improvements, upgrading and addition of amenities and services as well as fair rate of return not to exceed nine and one-half percent on investment.

K. The conclusions and findings of the commission shall be final and there shall be no appeal of rights to the council.

(Ord. 921 § 4, 1980)