Fresno Municipal Code Art. 20 Mobilehome Park Rent Review and Stabilization

This article shall be known as the "City of Fresno Mobilehome Park Rent Review and Stabilization Ordinance." (Added Ord. 87-170, § 1, eff. 1-8-88).

(a) The Council of the City of Fresno finds as follows:

(1) There are presently thirty mobilehome parks in the City of Fresno. These mobilehome parks represent a unique rental housing situation, different than other rental housing in the city, in that mobilehome park residents make a substantial investment in purchasing their mobilehomes, it is difficult to relocate a mobilehome from one mobilehome park to another due to the expense of such relocation, the risk of damage to the mobilehome and the requirements relating to installation of mobilehomes in mobilehome parks, including permits, landscaping, site preparation and restrictions as to the age, type, and the appearance of the mobilehomes.

(2) Approximately two-thirds of the residents in the mobilehome parks in the city are elderly and receive a fixed income. Also, approximately two-thirds of the residents are unemployed and are in lower income categories according to the guidelines established by the United States Department of Housing and Urban Development. For these residents, there is no economically feasible housing alternative to mobilehome park living.

(3) The vacancy rate in mobilehome parks in the city is sufficiently low to make it difficult for mobilehome park residents to relocate from one mobilehome park to another.

(b) In view of the findings stated in subdivision (a), the city deems it necessary, and it is the purpose of this article, to protect mobilehome park residents from excessive rent increases while at the same time providing mobilehome park owners a level of rent sufficient to provide a just, fair and reasonable return on their investment in mobilehome park property and to cover increased costs of repairs, maintenance, rehabilitation, capital improvements, services, amenities, upkeep and insurance. The city further finds that this article is necessary to preserve public health, welfare and safety. (Added Ord. 87-170, § 1, eff. 1-8-88).

For purposes of this article, the following words and phrases shall have the following meanings:

(a) Annual Government Cost" means an amount or equivalent paid or charged to a park owner by a local, state or federal government for municipal utilities, general property taxes, governmental fees, special property assessments, or taxes, fees or charges levied in accordance with XIIIC or XIIID of the California Constitution, within a twelve month period commencing 16 months prior to the date of the submission of the rent increase application.

(b) "Commission" means the City of Fresno Mobilehome Park Rent Review and Stabilization Commission established by this article.

(c) "Capital improvement" means an addition or betterment made to a mobilehome park which consists of more than repair, replacement, or rehabilitation of an existing facility or improvement, which is required to be amortized over its useful life by the income tax laws of the United States, and which has a useful life of five years or more.

(d) "Chair" means the Residents' Committee chairperson as elected under Section 12-1905 of this ordinance.

(e) "Day," when used in the context of time limitation, means working day, excluding Saturdays, Sundays and holidays.

(f) "Director" means the Director of Housing and Neighborhood Revitalization Department of the City of Fresno.

(g) "General Property Tax" means a tax levied by a city or county government on the value of the real property the taxpayer owns on a specific date.

(h) "Governmental Fee" means a charge fixed and levied by a local, state or federal government or governmental agency for the services rendered or for use of a privilege under the control of a government or governmental agency, such as a permit or license fee.

(i) "Mobilehome" means a structure as defined by Section 798.3 of the California Civil Code and any recreational vehicle as defined in Section 799.24 of the California Civil Code that has been in place in any park for a period of nine months or more.

(j) "Mobilehome park" means any area of land in the city where mobilehome spaces or recreational vehicle spaces occupied by a recreational vehicle(s) for a period of nine months or more are rented or held out for rent.

(k) "Mobilehome space" means a site within a mobilehome park intended or used for location or accommodation of a mobilehome or recreational vehicle, the latter for a period of nine months or more, and any accessory structures, appurtenances or equipment attached thereto or used in conjunction therewith.

(l) "Municipal Utility" means any utility (water, sewer, trash/recycling collection, power) service provided to park residents by a municipality. This definition excludes gas and electric services provided by a public utility subject to Public Utilities Code Section 739.5 and utilities supplied privately by park owners.

(m) "Owner" means the owner, lessee or operator of a mobilehome park, or an agent, manager or representative authorized to act on behalf of such owner, lessee or operator in connection with operation or maintenance of the mobilehome park.

(n) "Rehabilitation" means any repair or renovation work performed in a mobilehome park in order to comply with an order or direction of a public agency having jurisdiction, or to repair any damage resulting from earthquake, fire, flooding or other casualty.

(o) "Rent" means the consideration, including without limitation money, benefits, gratuities and security deposits, demanded or received for occupancy or use of a mobilehome space and any services or amenities in connection with such use or occupancy, or for the subletting of a mobilehome space or transfer of a lease of a mobilehome space. "Rent" does not include any amount paid for use of the mobilehome itself or any amounts paid for water, gas, electricity or other utility services that are separately metered and billed directly to the individual mobilehome.

(p) "Resident" means a person entitled to occupy a mobilehome pursuant to ownership thereof, or pursuant to a rental, lease or license arrangement with the owner thereof, and who has a tenancy in the mobilehome park in which the mobilehome is located.

(q) "Special Property Assessment" means an assessment in the nature of a tax levied upon a property according to benefits conferred on that property, such as sewer, water, streets, sidewalks or other public improvements. It differs from a general tax in that it is levied for a specific purpose and in an amount proportional to the direct benefit to that property assessed.

(r) "Tenancy" means the right of a resident to use or occupy a mobilehome space pursuant to a rental, lease or license arrangement.

(Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 89-15, §§ 1—3, eff. 3-3-89; Am. Ord. 89-16, § 1, eff. 3-3-89; Am. Ord. 93-33, §§ 1, 2, eff. 6-4-93; Am. Ord. 98-96, § 1, eff. 1-9-99).

This article shall not apply to any mobilehome park which has less than three mobilehome spaces, or to any mobilehome park in which the residents have not elected a Resident's Committee as required by Section 8-1205. (Added Ord. 87-170, § 1, eff. 1-8-88).

(a) As soon as practicable after January 8, 1988, the residents in each mobilehome park shall meet and elect a Residents' Committee. The formation of a Residents' Committee shall not be denied by any resident of the park. Each resident of the mobilehome park shall be given written notice of the date, time and place of the election meeting and shall be given an opportunity to nominate candidates for election to the Residents' Committee. A Residents' Committee shall have three or five members and two or three alternates, as determined by a majority of the residents of the mobilehome park actually voting at such meeting. Only residents of the particular mobilehome park may be elected to the Residents' Committee for that mobilehome park. Each occupied mobilehome space shall be entitled to one vote for each member of the Residents' Committee for that mobilehome park. The three or five nominees and alternates, as applicable, who receive the greatest number of votes shall be the members of the Residents' Committee; provided however, that at all times a majority of the members of the Residents' Committee shall be residents affected by this ordinance. Within sixty days after the resignation, death or expiration of term of the last remaining alternate of the Residents' Committee, the residents of the mobilehome park shall meet and elect a new member or alternate in the manner provided above. The nominee who receives the greatest number of votes shall be the new member or alternate. The park manager, assistant manager and any resident employee of the owner shall be ineligible to serve on the Residents' Committee or vote in any election as provided herein or in Section 12-2010 of this code.

(b) Each Residents' Committee shall notify the Director of the names and addresses of its initial members within fifteen days after their elections, and shall promptly notify the Director of any change in such information.

(c) Each Residents' Committee shall establish rules and regulations for the conduct of its business, including length of term of its members; appointment of officers; procedures for reviewing, voting on and giving decisions on rent increase applications; and the times for regular meetings, if any in addition to those meetings required by this article. Such rules and regulations shall be consistent with this article and all other applicable laws, ordinances and regulations; shall enable the Residents' Committee to carry out the purposes of this article as stated in subdivision (b) of Section 12-2002; shall include provisions that will ensure, to the greatest extent practicable, that all residents affected by a proposed rent increase will have a reasonable opportunity to participate in voting on such rent increase as provided in subdivision (b) of Section 12-2010; and shall provide that such voting on rent increases shall be by secret ballot. Each Residents' Committee shall provide the Director with a copy of its rules and regulations and all amendments thereto.

(d) A Residents' Committee shall have the following duties and powers:

(1) Review and take action on applications for rent increases as provided in Section 12-2010.

(2) Subject to Section 798.51 of the California Civil Code, review and negotiate with the owner on any matter that may directly or indirectly affect the amount of rent charged to any resident of the mobilehome park. A request by the owner or an affected resident to consider such matter or matters must be submitted in writing to the Residents' Committee. The request must identify in reasonable detail each matter to be considered and state how such matter will affect the rent. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 88-7, § 1, eff. 4-1-88; Am. Ord. 89-17, § 1, eff. 3-3-89; Am. Ord. 98-96, § 1, eff. 1-9-99).

(a) The City of Fresno Mobilehome Park Rent Review and Stabilization Commission is hereby established. The commission shall consist of five regular members and seven alternate members. An alternate member shall serve on the commission during the absence of a members of the Commission belonging to the same background group as the alternate. All appointments to the Commission shall be made as provided in Section 902 of the City Charter. Commission members shall be appointed as follows:

(1) One regular member and two alternate members shall be mobilehome park residents and shall be appointed by the mayor from a list of nominees submitted on behalf of mobilehome park residents. The Residents' Committee for each mobilehome park in the city shall be entitled to submit one nominee.

(2) One regular member and two alternate members shall be mobilehome park owners and shall be appointed by the mayor from a list of nominees of mobilehome park owners. Each owner of a mobilehome park in the city shall be entitled to submit one nominee.

(3) Three regular members and three alternate members shall be at-large members who are neither mobilehome park residents nor owners and shall be appointed by the mayor and approved by majority vote of the Council.

No regular member or alternate member who is a resident shall participate in any deliberations or decisions on a matter affecting the mobilehome park in which that member has a tenancy. No regular member or alternate member shall participate in any deliberations or decisions on a matter affecting a mobilehome park which that member owns or in which that member is employed or has a financial interest as defined in Section 87103 of the California Government Code.

(b) Three members of the Commission in attendance shall constitute a quorum for the purpose of conducting a hearing or meeting, provided that all three members shall be at-large members. A majority of affirmative votes by the members present and voting shall be required for any ruling or decision.

(c) The Commission shall establish rules and regulations for the conduct of its business. Such rules and regulations shall be consistent with this article and all other applicable laws and regulations, and shall enable the Commission to carry out the purposes of this article as stated in subdivision (b) of Section 12-2002. Such rules and regulations shall include a schedule for hearing rent increase applications as provided in Section 12-2011. The schedule shall specify the time when the annual rent increase application for each mobilehome park in the city shall be submitted and heard. The schedule may be modified by the Commission from time to time as the Commission deems necessary to insure efficient processing of rent increase applications.

(d) The Commission shall have the following powers and duties:

(1) To meet from time to time as specified in the Commission's rules and regulations as necessary to discharge the Commission's duties under this article. All meetings of the Commission shall be subject to the Ralph M. Brown Act (chapter 9 of part 1 of division 2 of title 5, commencing with Section 54950, of the California Government Code).

(2) To hear rent increase applications and determine whether to approve or disapprove a rent increase as provided in Section 12-2011.

(3) To make to the Council such recommendations and reports as it deems appropriate, or as the Council requests, concerning implementation and enforcement of this article. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 88-109, § 1, eff. 9-23-88; Am. Ord. 89-18, § 1, eff. 3-3-89; Am. Ord. 93-33, § 3, eff. 6-24-93; Am. Ord. 2000-63, § 1, eff. 10-12-00).

Except as provided in this article, no owner shall demand, accept or retain rent for a mobilehome space exceeding the rent in effect for that mobilehome space on December 1, 1987. If a mobilehome space is not rented on December 1, 1987, no owner shall demand, accept or retain rent for that mobilehome space exceeding the rent first charged for the mobilehome space after December 1, 1987. If a mobilehome space was rented as of December 1, 1987, under a lease or rental agreement having a term in excess of twelve months, and if such lease or rental agreement is not extended and a new rental agreement meeting the criteria of Section 798.17 of the Civil Code is not entered into, no owner shall demand, accept or retain rent for that mobilehome space exceeding the last rent charged under such lease or rental agreement. (Added Ord. 87-170, § 1, eff. 1-8-88).

(a) Notwithstanding section 12-2007 or any other provision of this article, if tenancy is terminated voluntarily by a resident, or in any other lawful manner, the owner may increase the rent for such mobilehome space in an amount not to exceed 10 percent of the previous rent to any amount upon re-rental or re-lease of the mobilehome space except as provided for in this ordinance.

(b) In the event of a mobilehome space vacancy, no owner shall mandate that new prospective tenants be required to enter into leases of more than 12 months as a condition of tenancy. In negotiating lease terms with such prospective tenants and/or residents, park owners shall comply with California Civil Code Section 798.18. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 93-33, § 4, eff. 6-4-93; Am. Ord. 94-129, § 1, eff. 1-20-95).

(a) If an owner wishes to increase rent for any mobilehome space more than the applicable base rent specified in Section 12-2007 the owner shall submit a rent increase application to the Chair of the affected Mobilehome Park Residents' Committee. The rent increase application shall be submitted during the time specified for that particular mobilehome park in the schedule established by the Commission pursuant to subdivision (c) of Section 12-2006. The rent for a mobilehome space may not be increased more than once in any twelve-month period.

(b) A rent increase application shall be submitted on forms prescribed by the Director and shall contain at least the following information:

(1) The address of the mobilehome park;

(2) The space number of each mobilehome park space for which a rent increase is requested;

(3) The amount of the requested rent increase, for each affected mobilehome space stated in dollars and cents;

(4) The facts supporting the requested rent increase, including all supporting documentation.

The owner shall include in a single rent increase application all rent increases desired for a particular mobilehome park. The owner shall sign the rent increase application under penalty of perjury. A copy of said application shall be submitted to the Director.

(c) Within five days after receipt of a rent increase application, the Chair shall determine if the application is complete pursuant to subsection (b) above and shall notify the owner of any additional information or documents required to make the application complete. The owner shall submit such additional information within ten days after notice from the Chair.

(d) Within five days after receipt of complete rent increase application, the chair shall give written notice of the application to the residents of the mobilehome spaces specified in the application and the Resident's Committee of the affected mobilehome park. These notices shall be in addition to the ninety-day notice the owner is required to give pursuant to Section 798.30 of the California Civil Code and any other notice required by law. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 93-33, § 5, eff. 6-4-93; Am. Ord. 93-51, § 1, eff. 9-24-93; Am. Ord. 96-12, § 2, eff. 3-22-96).

(a) Upon receipt of notice of the rent increase application from the owner, the Residents' Committee and the owner shall set a mutually agreeable date to meet and attempt to negotiate a mutually acceptable rent increase. The date of such meeting shall not be later than ten days after the date of receipt of the notice from the owner. The meeting may be continued as mutually agreed by the owner and the Residents' Committee. The owner shall deliver to the Residents' Committee four days prior to such meeting any additional information requested by the Residents' Committee which is relevant to the requested rent increase.

(b) Not later than five days after the conclusion of the meeting with the owner, the Residents' Committee shall (1) meet at a reasonably convenient time and place with the residents of all mobilehome spaces identified in the rent increase application, (2) obtain the votes of such residents, by written secret ballot, to accept or reject the rent increase, and (3) notify the owner in writing of the decision of the residents. The rent increase submitted to the residents for a vote shall be in the amount agreed to by the owner and the Residents' Committee pursuant to subdivision (a) or, if the owner and the Residents' Committee were unable to agree, the amount requested by the owner in the rent increase application. The rent increase shall be deemed accepted unless it is rejected by the votes of at least fifty-one percent of the affected residents actually voting on the rent increase, provided the residents of at least thirty percent of the mobilehome spaces identified in the rent increase application participate in such voting.

(1) If the affected residents accept the rent increase, the owner shall so notify the Director and all proceedings on the rent increase application shall cease. The rent increase shall take effect on the first day of the following calendar month, provided the owner has complied with Section 798.30 of the California Civil Code.

(2) If the affected residents reject the rent increase, the owner may within 60 days of the vote notify the Director of such rejection and request proceedings before the Commission pursuant to Section 12-2011. The notice and request shall be in writing. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 88-37, § 2, eff. 4-1-88; Am. Ord. 89-20, § 1, eff. 3-3-89; Am. Ord. 93-33, § 6, eff. 6-4-93).

(a) At the time the owner requests proceedings before the Commission as provided in paragraph (2) of subsection (b) of Section 12-2010, the owner shall also submit a fee in an amount specified in the Master Fee Resolution. The fee shall be used to pay all the costs of the city and the Commission incurred in conducting proceedings on the rent increase application pursuant to this section, including without limitation city staff time, noticing and postage. If the amount of the fee exceeds such costs, the balance shall be refunded to the owner within thirty days after completion of the Commission's proceedings. If the Commission approves a rent increase that is equal to or greater than the rent increase requested by the owner in the rent increase application, the residents of the mobilehome park shall reimburse the owner the amount of the fee, less any amount refunded by the city, provided the owner has furnished to the Residents' Committee all relevant and pertinent documents requested of the owner by the Committee prior to their rent negotiations as provided in subsection (a) of Section 12-2010 of this Code. Unless the owner and the Residents' Committee agree otherwise, the reimbursement shall be paid in equal installments with the rent payments for the six-month period following completion of the Commission's proceedings and shall be divided equally among the residents of the mobilehome spaces affected by the rent increase. If the Commission approves a rent increase that is less than the rent increase requested by the owner in the rent increase application, the owner shall not be entitled to reimbursement of the fee from any and all residents of the park.

(b) Except as provided in subdivision (a), the owner and the residents shall each bear their own costs incurred in the proceedings on the rent increase application, including but not limited to attorney's fees. The cost of preparing a stereographic record shall be paid by the party or parties requesting such record.

(c) Upon receipt of the owner's request for proceedings before the Commission, and receipt of the fee specified in subdivision (a), the Director shall set a hearing on the owner's rent increase application before the Commission. The hearing shall be set for a date no later than thirty days after the receipt of the owners request and payment of the fee. At least ten days prior to the date set for the hearing, the Director shall give notice of the time, date and place of hearing, by United States mail, to the owner, the residents of each mobilehome space specified in the rent increase application, and the Residents' Committee.

(d) At the hearing, the owner and the affected residents may offer any testimony, documents, written declarations or other evidence relevant to the proposed rent increase. Any documentary evidence, defined as any written document including but not limited to a summary of oral evidence, to be offered at the Commission hearing shall be served on the Director and the opposing party not less than ten days before the date of the Commission hearing. Rules for conducting the hearing shall be prescribed in the Commission's rules and regulations. Formal rules of evidence shall not apply in the proceedings. If a party to the proceedings fails to appear, the Commission may nevertheless hear testimony, review evidence and make decisions as if such party had been present.

(e) Not later than ten days after the close of the hearing, the Commission shall make its decision on the rent increase application. The decision shall approve the amount of rent increase, if any, the Commission determines to be just, fair, and reasonable according to the factors set forth in Section 20-2012, and shall state the effective date of the rent increase. The effective date shall be subject to the owner's compliance with Section 798.30 of the California Civil Code. The Director shall give written notice of the decision, by United States mail, to the owner, the residents of each mobilehome space specified in the rent increase application, and the Residents' Committee. The decision of the Commission is final.

(f) The time within the Commission shall conduct a hearing as provided in subdivision (c) may be extended twice by the Commission for periods not to exceed thirty days each if the Commission provides an interim rent increase for the mobilehome spaces specified in the rent increase application. The interim rent increase shall be in an amount which the Commission determines to be clearly warranted under the factors set forth in Section 12-2012, based on the acts stated in the rent increase application, documents or written statements filed with the Director or the Commission by the affected residents or the owner, and any other evidence presented to the Commission. An interim rent increase shall expire on (1) the last day of the month in which the Commission makes a decision denying a rent increase, or (2) 12:00 midnight on the day prior to the effective date of the rent increase approved by the Commission's decision. If the rent increase approved in the Commission's decision exceeds the interim rent increase, any amount undercollected shall be paid to the owner as provided in the Commission's decision. If the rent increase approved in the Commission's decision is less than the interim rent increase, or if the Commission denies a rent increase, any amount overpaid shall be reimbursed to the affected residents as provided in the Commission's decision. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 89-21, § 1, eff. 3-3-89; Am. Ord. 89-22, § 1, eff. 3-3-89; Am. Ord. 93-33, § 8, eff. 6-4-93).

In determining the amount of rent increase that is just, fair and reasonable, all relevant factors shall be considered, including but not limited to the following:

(a) Percentage changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers for Western Cities West, published by the United States Bureau of Labor Statistics.

(b) Any lawfully established state or federal government wage and price guidelines.

(c) Rent lawfully charged for comparable mobilehome spaces in comparable mobilehome parks.

(d) The length of time since the last rent increase for the mobilehome spaces specified in the rent increase application.

(e) The completion of any capital improvements or rehabilitation work related to or benefiting the mobilehome spaces specified in the rent increase application and the cost of such improvements or work, including but not limited to costs for materials, labor, construction interest, permit fees and other items.

(f) Changes in rent paid by the owner for lease of the land on which the mobilehome park is located.

(g) Changes in reasonable operating and maintenance expenses.

(h) The need for repairs caused by circumstances other than ordinary wear and tear.

(i) The amount and quality of services and amenities provided by the owner to the affected residents.

(j) Any existing lease lawfully entered into between the owner and an affected resident.

(k) A just and reasonable rate of return on the owner's investment in the mobilehome park. A just and reasonable rate of return shall be one high enough to encourage good management, reward efficiency, discourage flight of capital from the mobilehome park and enable the owner to maintain its credit, shall be commensurate with returns in enterprises comparable to the subject mobilehome park, but shall not be so high as to defeat the purpose of this article to protect residents against excessive rent increases. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 89-19, § 1, eff. 3-3-89; Am. Ord. 93-33, § 9, eff. 6-4-93; Am. Ord. 94-129, § 2, eff. 1-20-95).

(a) Under this section, in addition to any other rent increase allowed by this ordinance, a property owner may increase mobilehome space rent once annually for the following annual government costs incurred by the park owner in the operation and maintenance of the park:

(1) Municipal Utilities.

(2) General Property Taxes.

(3) Other governmental fees including regulatory fees, processing fees, licenses and permits.

(4) Special Property Assessments.

(5) Any taxes, assessments, fees or charges levied in accordance with article XIIIC and article XIIID of the California Constitution.

Owners shall limit rent increases under this section to those increased costs which exceed 5 percent of the previous 12 months annual government costs. The previous 12 months government costs shall be calculated commencing 16 months prior to the date of the projected rent increase date. When calculating this increase, each Annual Government Cost specified above shall be addressed separately and not collectively when determining whether there has been a 5% or greater increase. This rent increase shall reflect changes no more than once annually. No owner may pass-through capital improvement costs, whether or not government mandated. The time for requesting and allocating such an increase under this section shall be at the same time an application for rent increase is submitted pursuant to Section 12-2009. At the time of submitting a rent increase application, the park owner shall provide all documentation supporting the annual government cost increase provided for in this section.

(b) Except as expressly provided in this section, this rent increase is not subject to the rent increase provisions of this ordinance. Neither the Resident Committee, nor residents may vote on or otherwise reject a rent increase requested pursuant to this section. Except as expressly provided in this section, neither the Residents Committee, nor the residents may request review by the Commission of this increase. The Residents Committee may object to the increase only on the following grounds:

(1) The rent increase is not an annual government cost as defined and limited in this ordinance; or,

(2) The owner has not provided documentation supporting this rent increase; or

(3) The amount of the increase is not properly calculated. Said objection must be made in writing, to the owner, with copy to the Director, within five (5) days of receipt of the rent increase application. The Residents Committee and Property owner shall then attempt to resolve the objection if the objection cannot be resolved, either party may submit the objection to the Director within twenty-five (25) days of submission by the owner of the application for rent increase to the Residents' Committee. The Director shall have ten (10) days of receipt of the objection to rule on the objection if either party is not satisfied with the decision of the Director, the objection may be submitted to the Commission within twenty-five (25) days of the decision of the Director, for final determination. Request for proceedings before the Commission shall be made pursuant to subsection (c) of this Section.

(c) The party requesting Commission review shall notify the Director, in writing, of the request. At the time of requesting review, the requesting party shall submit a fee in the amount specified in the Master Fee Resolution. The fee shall be used to pay all the costs of the city and the Commission incurred in conducting proceedings on the rent increase objection pursuant to this section. If the amount of the fee exceeds such costs, the balance shall be refunded to the requesting party within thirty (30) days after completion of the Commission review. If the Commission finds in favor of the requesting party, the non-requesting party shall reimburse the requesting party the fee paid pursuant to this section, less any amount refunded by the city. Except as provided in this section, each Party shall bear their own costs incurred in the proceedings, including but not limited to attorney's fees. Upon receipt of the request for hearing, the Commission shall proceed according to the schedule established pursuant to Section 12-2011(c),(d),(e) and (f). The Commission shall limit its review of the annual government cost rent increase to the validity of the objection stated by the Residents Committee and, if applicable, shall state an effective date of the annual government cost rent increase. The rent increase shall be subject to the owners compliance with Civil Code Section 798.30. The Commission shall not determine the validity of the objection based on whether the annual government cost rent increase requested pursuant to this section is just, fair or reasonable. If the owner has requested a Commission hearing on any other rent increase, the hearings shall be coordinated in an effort to reduce the consumption of time and resources. In such case, the cost of the hearing shall be proportioned accordingly.

(d) The notice and review periods provided in this section shall be in addition to the ninety (90) day notice the owner is required to give pursuant to Civil Code Section 798.30 or any other notice period required by law. (Added Ord. 93-33, § 9, eff. 6-4-93; Am. Ord. 94-129, § 3, 1-20-95; Am. Ord. 98-96, § 3, eff. 1-9-99).

In addition to any other rent increase allowed by this ordinance, an owner may increase mobilehome space rents once annually by a factor not to exceed seventy-five (75) percent of the previous year's Consumer Price Index for the period between November 1 and October 31. Said Consumer Price Index shall be as defined by Section 12-2012(a) of this Ordinance. Said Consumer Price Index shall be computed on a Base Rent. The Base Rent shall be established on the average rent of spaces affected by this Ordinance as of December of each year prior to the rent increase date. Owners shall provide documentation for average rent increase and Base Rents to support any rent increase under this provision of the Ordinance. (Added Ord. 94-129, § 4, eff. 1-20-95).

A resident whose tenancy is not regulated by the Mobilehome Residency Law (chapter 2.5 of title II of part 2 of the California Civil Code) shall not be charged a fee for anything other than rent, utilities and incidental reasonable charges for services actually rendered. (Added Ord. 87-170, § 1, eff. 1-8-88).

(a) A resident may refuse to pay any rent in excess of the maximum rent permitted by this article. The fact that the unpaid rent is in excess of such maximum rent shall be a defense in any action brought to recover possession of the mobilehome space to the extent such action is based on nonpayment of rent, or in any action brought to collect the excessive rent.

(b) Any owner who accepts, receives or retains rent in excess of the maximum rent permitted by this article shall be liable in a civil action to the resident from whom the excessive rent was accepted, received or retained for the amount such rent exceeded the maximum rent, plus reasonable attorneys' fees and court costs. Upon proof by the resident that the owner's acceptance, receipt or retention of the excessive rent was in bad faith, the owner shall be further liable to the resident in such civil action for damages equal to three times the amount by which such rent exceeded the maximum rent or $500.00, whichever is greater.

(c) The defenses, actions and remedies provided in this section are in addition to any other defenses, actions or remedies available in law or equity.

(d) The City Attorney is authorized to enforce, by judicial action or other lawful means, compliance with this article.

(e) In any action commenced pursuant to this section, the prevailing party shall be awarded court costs and reasonable attorneys' fees, in addition to any other relief granted or other costs awarded. (Added Ord. 87-170, § 1, eff. 1-8-88; Am. Ord. 91-11, § 1, eff. 3-1-91).

Any owner who willfully accepts, receives or retains rent in excess of the maximum rent permitted by this article shall be guilty of a misdemeanor and shall be punishable as provided in Section 1-105 of this Code. (Added Ord. 87-170, § 1, eff. 1-8-88).

the provisions of this article are severable. If any provision of this article is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this article. (Added Ord. 87-170, § 1, eff. 1-8-88).