Hemet Municipal Code Div. 3 Mobile Home Rent Review Commission

Footnotes:

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Cross reference— Mobile homes, § 14-331 et seq.

There is presently within the city and the surrounding areas a shortage of spaces for the location of mobile homes. Because of the shortage, there is a low vacancy rate, and rents have been for several years and are presently rising rapidly and causing concern amongst a substantial number of city residents. Because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative homesites for mobile home residents, and the substantial investment of mobile home owners in such homes, the people of the city find and declare it necessary to protect the owners and occupiers of mobile homes from unreasonable rent increases, while at the same time recognizing the need of the park owners to receive a fair return on their investment and rental increases sufficient to cover the increased cost of repairs, maintenance, insurance, upkeep and additional amenities.

(Ord. No. 772; Code 1984, § 3400)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the city rent review commission for mobile homes established by section 2-204.

Commissioners means the commissioners of the city rent review commission for mobile homes.

Mobile home park owner and owner mean the owner, lessor, operator or manager of a mobile home park within the purview of this division.

Mobile home tenant and tenant mean any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease arrangement with the owner thereof.

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, services and amenities, subletting and securing deposits, but exclusive of any amounts paid for the use of the mobile home dwelling unit.

(Ord. No. 772; Code 1984, § 3401)

Cross reference— Definitions and rules of construction generally, § 1-2.

The provisions of this division shall apply to any rental mobile home park which is located within the city limits.

(Ord. No. 772; Code 1984, § 3402)

(a) There is created within the city a rent review commission, consisting of five members, the membership of which shall be appointed by the city council to serve at the council's pleasure. The rent review commission shall be constituted on an as-needed basis by the council.

(b) One member shall be a mobile home park tenant and shall be selected by the city council from a list of no more than three applicants supplied through an association composed of mobile home tenants.

(c) One member shall be a mobile home park owner, operator or manager and shall be selected by the council from a list of no more than three applicants supplied through an association composed of mobile home park owners.

(d) The third, fourth and fifth members shall be neither mobile home park tenants, owners, operators nor managers, and shall be selected by the council from a list of applicants at large.

(e) Each member shall meet the eligibility requirements set forth in section 2-165 of this Code.

(f) When constituted, commissioners shall serve for terms of not more than two 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 whom he is to succeed. A member of the commission shall be eligible for reappointment until he may have served two full terms without interruption. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission. Four 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 may receive a stipend, in the amount determined from time to time by the city council, as compensation for their services on the commission. Reasonable expenses necessarily incurred by the commissioner in the performance of the commissioner's duties shall be reimbursed to the commissioner.

(Ord. No. 772; Code 1984, § 3403; Ord. No. 1662, § 3, 3-26-02; Ord. No. 1663, § 1, 3-26-02; Ord. No. 1775, § 1(Exh. A), 4-10-07)

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

(1) To meet from time to time as requested by the city manager or upon the filing of a petition as described in this division, and to utilize city offices or facilities as needed.

(2) To receive, investigate, hold hearings on and pass upon the petitions of mobile home tenants as set forth in this division.

(3) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties.

(4) To adjust maximum rents either upward or downward upon completion of its hearings and investigations, or adjust rents to any sum in between.

(5) To adopt, promulgate, amend and rescind administrative rules to effectuate the purposes and policies of this division.

(6) To maintain and keep at city hall 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.

(7) 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 members of the commission in accordance with the provisions set forth in section 2-204(g), not to exceed the total sum of $300.00.

(Ord. No. 772; Code 1984, § 3404)

(a) Upon the written petition of more than 50 percent of the tenants of any mobile home park, who will be or have been within a 90-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 30 days after receiving such petition, 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 $300.00, all or any part of which may be assessed against the petitioners for costs pursuant to section 2-205(7). 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 owner, operator and manager in writing of the petition and shall require from the respondents a like cash deposit in the sum of $300.00, all or part of which may be assessed against the respondents for costs pursuant to section 2-205(7). 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 such parties.

(f) If 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 shall require the mobile home park owner to reduce the rental or service charges to a rate to be determined by the commission, to continue the rental or service charges as they existed under the former lease or rental arrangement, or 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 a mobile home park 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 increase in utility rates and property taxes, insurance, governmental assessments, cost of living increases attributable to incidental services, normal repair and maintenance, capital improvements, upgrading, and addition of amenities or services, as well as fair rate of return on investment and increased property values.

(k) The conclusions and findings of the commission shall be final, and there shall be no appeal rights to the city council.

(Ord. No. 772; Code 1984, § 3405)