Division 4 — CRITERIA FOR DETERMINING SERVICE REDUCTION

The mobile home park owner is required to furnish to the tenant a basic level of housing services, herein called the "basic service level". The basic service level is established by:

(a)

Civil Code Section 1941.1 and 1941.2 and other applicable codes and statutes;

(b)

The mobile home park owner's implied warranty of habitability;

(c)

Express or implied agreement between mobile home park owner and tenant;

(d)

The condition of improvements, fixtures and equipment considering;

(1)

The nature and quality of original construction, fixtures, and equipment;

(2)

The age;

(3)

The condition at the beginning of the tenancy;

(e)

The mobile home park owner's policies of operation and maintenance, repair and replacement communicated to the tenant at the beginning of the applicable term of tenancy.

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

A service reduction occurs when the mobile home park owner has breached the obligation to furnish the basic service level impairing the tenant's use of the premises.

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

Each allegation of a service reduction in a tenant's petition shall be separately stated and include:

(a)

The prior level of service;

(b)

The specific changes in the prior level of service;

(c)

The date the service reduction was first noticed by the tenant;

(d)

The cause of reduction of service level, if known;

(e)

The mobile home park owner's response to the tenant's notice;

(f)

The mobile home park owner's effort to improve or correct the service reduction;

(g)

The status as of the date the petition is filed.

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

The arbitrator shall determine the monetary value to be assigned to a service reduction by applying the following standards:

(a)

The arbitrator shall determine the percentage reduction in usability of the mobile home space and common areas caused by the service reduction considering:

(1)

The area affected;

(2)

The amount of time the tenant is exposed to the condition;

(3)

The degree of discomfort the condition imposes;

(4)

The extent to which such a condition causes tenants to find the premises uninhabitable.

(b)

The date reduction in service began.

(c)

The arbitrator shall apply the percentage reduction to the monthly rent, divide by thirty (30), and multiply by the number of days commencing from the date service reduction began to the date of restoration of the service to the basic service level.

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

The results of an audit, prepared pursuant to section 14.85.125, which demonstrate that a mobile home park owner's three-year average NOI exceeds a fair and reasonable return, as defined by section 14.85.245, by more than eight (8) percent, shall be conclusive evidence of a service reduction. In such an event, rents shall be reduced to result in a NOI not to exceed eight (8) percent more than a fair and reasonable return.

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