El Cajon Municipal Code Ch. 5.82 Mobile Home Rent Mediation

For the purpose of this chapter, the following definitions apply:

"Appropriate party"

means a resident or owner of the park, located in the city of El Cajon, subject to a rental increase which has been determined by either committee to be unreasonable.

"Cost of living"

means an increase in an amount no greater than that of the Consumer Price Index for San Diego, California for all urban consumers, based on the previous one-year period for which data is then available.

"Mobile home park owner committee"

is comprised of three owners of mobile home parks located in El Cajon, who are appointed or elected by owners of mobile home parks in El Cajon.

"Mobile home resident committee"

is comprised of three persons who are mobile home park residents in the city of El Cajon and who are appointed or elected by mobile home park residents of El Cajon.

"Mobile home resident group"

is comprised of persons subject to a proposed rent increase who have filed a petition in accordance with this chapter.

"Owner"

means owner of a mobile home park in the city of El Cajon.

"Rent"

means the consideration paid for the use or occupancy of a mobile home space, excluding property tax increases, actual charges for consumption of electricity, gas, water, sewer, trash, cable TV, and governmental mandated per-space charges.

"Resident"

means mobile home park resident of the city of El Cajon.

(Ord. 4267 § 1, 1991)

Only rent increases exceeding the cost of living (excluding property tax increases, actual charges for consumption of electricity, gas, water, sewer, trash, cable TV, and governmental mandated per-space charges) which are proposed to take effect on or after January 1, 1991 shall be subject to this chapter.

(Ord. 4267 § 1, 1991)

Sixty days prior to any increase in rents, the owner shall provide each resident with written notice setting the amount of the proposed increase, the then current rent, and whether or not in the owner's opinion such increase is exempt from review under the provisions of this chapter.

(Ord. 4267 § 1, 1991)

Any resident who will be or has been subjected to a proposed rental increase, not exempted by the provisions of Section 5.82.020, may initiate a rent review hearing by filing a petition, within twenty days of notice of rent increase, signed by residents representing fifty percent of the spaces plus one which will be subject to the increase. Such petition must be served by certified mail or personal service upon the mobile home resident committee, the mobile home park owner committee, the city manager and the owner initiating the increase. Personal service on the park manager may be substituted for service on the owner.

That portion of the requested and noticed rental increase (and only that portion) which is equivalent to the Consumer Price Index shall take effect after the sixty-day notice period has expired. The balance of such rental increase shall become effective (if at all) upon completion of mediation, or ninety days after the initial rental increase notice, whichever is sooner.

(Ord. 4267 § 1, 1991)

A petition for rent review must be filed on the form prescribed by the city and must be accompanied by such supporting material as is necessary to clearly support the request. The petition must include names, addresses, and telephone numbers of authorized mobile home resident group representatives. All petitions shall contain the following certification: "I certify under penalty of perjury that the foregoing is true and correct." The petition shall be dated and subscribed by the mobile home resident group representatives, and the place of execution shall be specified.

(Ord. 4267 § 1, 1991)

Petitions submitted in accordance with this chapter shall be independently reviewed by the mobile home resident committee and by the mobile home park owner committee. Each committee when formed shall provide the names, addresses and phone numbers of committee members to the office of the city manager. Such information shall be updated within fifteen days of any changes in committee members or other information provided. The city manager's office shall keep such information on file.

It shall be the responsibility of the above committee to independently review the proposed rent increase and determine whether the increase is reasonable or unreasonable. A brief one-page substantiation of the determination is to be filed with the city manager's office within fifteen days of service of the petition on such committees. Failure to submit the report shall be deemed a determination that the proposed rent increase is unreasonable.

If both committees determine that the proposed increase is reasonable, no further action will be necessary. If either committee determines that the increase is unreasonable, an appropriate party may file a request for mediation with the city manager's office. If no request for mediation is timely filed, the city manager shall report the committee determinations to the city council.

(Ord. 4267 § 1, 1991)

The request for mediation shall be filed with the city manager's office within ten days of the final determinations of the mobile home resident and park owner committees. The request shall be on a form prescribed by the city, and shall state that a determination has been made that the proposed rent increase is unreasonable and that the request for mediation is being made by an appropriate party.

A request for mediation must be accompanied by a fee of one hundred dollars for the owner and one hundred dollars for the mobile home resident group. The city will pay the balance of the fee for two days' mediation. The parties shall equally bear mediation costs in excess of two days.

(Ord. 4267 § 1, 1991)

Upon receipt of a timely filed and completed request for mediation, the city manager shall refer the matter to the American Arbitration Association for mediation. Mediation shall be conducted in accordance with the American Arbitration Association Commercial Mediation Rules with the following exceptions:

A. Selection of Mediator. The American Arbitration Association shall provide a list of three mediators with background information to the owner (or manager) and the designated mobile home resident group representative(s). Both parties will eliminate names of those mediators which are unacceptable. If none are acceptable, the American Arbitration Association shall provide a second list of three names. Parties will be permitted to eliminate names from the second list only upon factual objections relating to conflicts of interest. Parties will rank the mediators on the second list in order of preference. The American Arbitration Association may appoint anyone on the second list not found by the American Arbitration Association to have an actual conflict of interest.

B. Secrecy. If no agreement is reached during mediation, the mediator will make a finding that the increase was either reasonable or unreasonable and provide a written statement in support of such finding to the city council.

C. Attendance. Only the appointed mediator and no more than three representatives each for the mobile home park owners and three representatives each for the mobile home resident group may attend the mediation. Non-participation by one party will not affect the proceedings. The participating parting shall attend the scheduled mediation and present any information.

(Ord. 4267 § 1, 1991)

Mediation is to be completed no later than thirty days after the request for mediation has been served on the city manager's office.

(Ord. 4267 § 1, 1991)