Los Gatos Municipal Code Div. 1 Generally

This article shall be cited as the Mobile Home Ordinance.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

(a) Mobile home tenants, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence for which space is rented or leased. 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. Because mobile homes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, exorbitant rent increases fall upon these individuals with particular harshness.

(b) The Town 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 tenants. After consideration of numerous factors, including the mandates of state law, regulations which best fit the needs of the Town have been selected.

(c) Rent control regulations are consistent with the Town's policy to encourage a variety of housing types, prices and densities within the community, respond to the need to preserve existing housing stock and assist in providing housing for moderate, low, and very low income households.

(d) Rent control regulations can assist in protecting affordable housing in combination with Town 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.

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

(f) The Council finds that the adoption of the ordinance codified in this article will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of this article involves no deviation from the general plan and no change in the present use of any property within the Town.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

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

(a) Arbitrator. An individual designated by the Town's agent to conduct the arbitration hearing and arbitration pre-hearing procedures of this article.

(b) Affected tenants. All mobile home tenants in a mobile home park who have been notified by the park owner that a rent increase is to become effective during the following calendar year, or who experience a service reduction.

(c) 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.

(d) Consumer price index (CPI). The consumer price index for all urban consumers for the San Francisco/Oakland/San Jose Area (all items) index (1967 equals 100) as reported by the U.S. Bureau of Labor Statistics.

(e) CPI rent increase. An annual rent increase equal to the amount of increase in the CPI in the previous twelve (12) months up to five (5) percent, and not less than three (3) percent.

(f) Housing services. 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.

(g) Mediator. An individual designated by the Town's agent to conduct the mediation procedures set forth in this article.

(h) Mobile home. A structure designed for human habitation which is transportable in one (1) or more sections along a street or highway, commonly referred to as a mobile home. This definition includes manufactured homes when located on a mobile home space.

(i) Mobile home owner or tenant. 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.

(j) Mobile home park. An area of land where two (2) 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.

(k) 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 conjunction therewith where public utilities are provided.

(l) Owner or mobile home park owner. The owner, lessor, operator or manager of a mobile home park in the Town.

(m) Owner's petition. A petition filed by an owner seeking a supplemental rent increase.

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

(o) Service reduction. Any reduction in housing services which results in a cost savings to owner without a corresponding reduction in the monies demanded or paid for space rent.

(p) 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 for housing services provided, and security deposits, but exclusive of any amount paid for the use of the mobile home as a dwelling unit.

(q) Sace rent increases. Any additional rent above the base space rent which is demanded of or paid by a tenant for a mobile home space including service reductions.

(r) Supplemental rent increase. An increase in space rent in excess of the annual CPI Rent Increase, determined by the arbitrator to result in a fair and reasonable return to the owner.

(s) Tenant's petition. A petition filed by one (1) or a group of affected tenants.

(t) Town's agent. The individual or agency designated by the Town Council to perform the services defined herein.

(u) Validated tenant's petition. A tenant's petition filed by one (1) or a group of affected tenants that meets the statutory requirements of this article.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 1973, § I, 5-2-94; Ord. No. 2103, § I, 9-15-02)

The provisions of this article shall not apply to the following:

(a) Space rent or space rent increases during a thirty-day period commencing upon the completion of a new mobile home space or mobile home space first rented after December 1, 1992.

(b) Nothing in this article shall operate to restrict the rights of tenants and owners who have entered into agreements providing for a fixed term and/or a fixed rent for mobile home tenancies, beyond a twelve-month duration.

(c) Nothing in this article shall operate to restrict the rents charged by mobile home park owner in the case of voluntary termination, abandonment of a mobile home in place, removal as a result of dealer or real estate broker/agent pull out, eviction, or sale of a mobile home owned by the mobile home park owner.

(d) In the case of an in-place sale of a mobile home, except those that qualify as a family transfer under the California State Mobile Home Residency Code, the initial space rent to be charged the new mobile home tenant may be increased as follows:

CPI rent increase is calculated by applying the annual CPI rent increase to the $488.00. The CPI rate is per the data most recently available when calculated. The CPI increase applied in this table will be for each year from 2001 to the current year.

Increases for subsequent years are calculated in the same manner. Increases are calculated in October of each year.

(e) In all cases when a mobile home is replaced, except as stated in (c), above, the rent upon the first resale following replacement will increase one hundred dollars ($100.00) over the rent calculated in (d) in the year the sale occurs.

(f) In all cases when a mobile home is replaced, except as stated in (c), above, the rent upon the first resale following replacement will increase one hundred dollars ($100.00) over the rent calculated in (d) in the year the sale occurs.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2075, § I, 11-20-00; Ord. No. 2103, § I, 9-15-02)

For the sole purpose of reimbursing the Town for the costs of administering this article, there is hereby imposed on each mobile home space, subject to the provisions of this article, a regulatory fee in such amount as established by the Council by resolution from time to time which shall be paid annually when the mobile home park owner's business license fee is due. A mobile home park owner who fails to pay the fee within thirty (30) days after the Town mails its bill shall pay a twenty-five (25) percent penalty, plus an additional twenty-five (25) percent for every additional thirty (30) days the fee and penalties are not paid, and shall not be entitled to any rent increase until the full fee and penalties are paid. The Town Manager shall report to the Council in time for budget hearings each year the recommendation as to the amount of the regulatory fee necessary to recover such costs.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

(a) Criminal penalty. No person shall demand, accept, receive or retain any rent in excess of the amounts allowed under this article. Any person may file a complaint regarding an alleged violation of this article with the Town's agent. The Town Attorney is authorized, in the Town Attorney's discretion, to investigate and prosecute any such complaints. Any person found to have demanded, accepted, received or retained any rent in excess of the amounts allowed under this article is guilty of a misdemeanor. It shall also be a violation of this article for any person to evict or otherwise take retaliatory action against any tenant for exercising any rights afforded under this article. Any person violating this anti-retaliatory provision shall be guilty of a misdemeanor.

(b) Civil action. Any person who demands, accepts, or retains any payment of rent, in violation of the provisions of this article 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 (3) times the amount by which payment exceeds the maximum rent which could lawfully be demanded, accepted or retained. Any person who evicts or otherwise takes retaliatory action against any tenant for exercising any rights afforded under this article shall be liable to that tenant for the resulting civil damages.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02; Ord. No. 2320, § III, 9-7-21)

(a) Any tenant's waiver or purported waiver of rights under this article, prior to the time when said rights may be exercised, shall be void as contrary to public policy, except as provided in this section.

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

(c) It shall be unlawful for an 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 article.

(d) Nothing in this section shall preclude an owner or tenant, or prospective tenant, from entering into a lease or rental agreement described in section 14.85.025 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.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

A tenant may refuse to pay any rent in excess of the maximum rent established pursuant to this article. 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.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

By written agreement of the parties or upon application to the arbitrator and for good cause shown, the time frames provided for under this article may be extended.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 1973, § II, 5-24-94; Ord. No. 2103, § I, 9-15-02)

(a) It shall be the duty of every owner to provide a copy of this article to each tenant who rents or leases a space from the owner. A single copy will be provided each owner by the Town for reproduction by the owner.

(b) All mobile home park owners shall cause documentation of the rent charged for each space in December 1985 and December 1992 to be filed with the Town's agent by February 1, 1993. By February 1 of each year thereafter, the mobile home park owner will document and file with the Town's agent the rent charged in December of the previous year, for each space occupied by a tenant-owned home.

(c) Any owner that fails to provide the information required by this section shall not be entitled to any rent increase until the information is provided. The failure of one (1) or more owners to provide the information shall not adversely affect the rights of any other owner or tenant of the other owner to the procedures and processes provided by this article. Any information so missing shall either be ignored or estimated by the Town or arbitrator, as applicable, so as to achieve the purposes of this article.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 1973, § III, 5-2-94; Ord. No. 2103, § I, 9-15-02)

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not effect the validity of the remaining portion thereof.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)