National City Municipal Code Ch. 9.64 Mobilehome Park Rent Stabilization

A. The city council intends by this chapter to protect mobilehome owners and mobile home park residents in mobilehome parks from excessive and unconscionable rent increases.

B. The city council intends by this chapter:

1. To prevent existing mobilehome owners, who are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their value, from loss of their investment and the resale value of their mobilehomes due to the fact that a new mobilehome resident is being charged excessive rents;

2. To protect and promote the availability of mobilehomes as a more affordable housing choice; and

3. To avoid immediate displacement caused by an eviction or unsustainable rent increases during the COVID-19 health crisis.

(Ord. No. 2022-2505, § 2, 12-6-2022)

Words used in this chapter shall have the meaning described to them in this section:

A. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. As used in this chapter, "mobilehome" has the same meaning as California Civil Code Section 798.3.

B. "Manufactured home" means a unit built post June 15, 1976, that meets U.S. Department of Housing and Urban Development (HUD) specifications. The term "manufactured home" for the purpose of this chapter only shall be synonymous with the term "mobilehome."

C. "Mobilehome space" means a portion of a mobilehome park designated or used for the occupancy of one mobilehome.

D. "Mobilehome park" or "park" means an area of land where two or more mobilehomes or mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

E. "Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or manager of a mobilehome park.

F. "Mobilehome owner" means a person who owns a mobilehome which is legally located in a mobilehome space within a mobilehome park in the City of National City.

G. "Mobilehome resident" or "resident" means a person who occupies a mobilehome in a mobilehome park in the City of National City as a primary residence by virtue of having a rental agreement. "Mobilehome resident" or "resident" is inclusive of a mobilehome owner.

H. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received in connection with the use and occupancy of a mobilehome or mobilehome space in a mobilehome park, including services, or in connection with the transfer of a lease for a mobilehome space or the subleasing of a mobilehome space. "Rent" shall not include amounts paid by residents for such separately metered utilities or services, as provided in California Civil Code Section 798.41, or any separate charge for those fees, assessments or costs which may be charged to mobilehome residents pursuant to the California Civil Code.

I. "Consumer Price Index" or "CPI" means the All Urban Consumers/All Items component of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of Labor Statistics. If the United States Bureau of Labor Statistics does not publish the San Diego Metropolitan Area U (broader base) Consumer Price Index or there is no alternative CPI All Urban Consumers/All Items index published by the Bureau of Labor Statistics that applies to National City, CPI will be defined as the California Consumer Price Index for All Urban Consumers for All Items as published by the California Department of Industrial Relations.

J. "Percentage Change in CPI" means the percentage change in the CPI as defined above and computed as follows:

For rent increases that take effect before August 1 of any calendar year, the following shall apply:

1. The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.

2. If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.

For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:

1. The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.

2. If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.

The percentage change shall be rounded to the nearest one-tenth of one percent.

(Ord. No. 2022-2505, § 2, 12-6-2022)

This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents and mobilehomes in mobilehome parks within the City of National City, unless otherwise exempted by state law or the provisions of this chapter.

This chapter shall not apply to leases for a term exceeding one year which are exempted by California Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a statement in the first sentence of the first paragraph, in at least twelve point type or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent control provisions of this chapter will be automatically superseded by the lease provisions regarding rent and rent increases.

(Ord. No. 2022-2505, § 2, 12-6-2022)

The effective date of this chapter is January 1, 2023 and any rent increases occurring on or after the effective date shall be in conformance with this chapter.

(Ord. No. 2022-2505, § 2, 12-6-2022)

A. Subject to subsection B., of this section management shall not over the course of any twelve month period, increase the gross rental rate for a tenancy in a mobile home park more than three percent plus the percentage change in the Consumer Price Index, or five percent, whichever is lower, of the lowest gross rental rate charged for tenancy at any time during the twelve months prior to the effective date of the increase.

B. If the same homeowner maintains a tenancy over any twelve month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that twelve-month period, subject to the other restrictions of this chapter governing gross rental rate increase.

C. For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobile home space, management may establish the initial rental rate not subject to subsection A. Subsection A shall be applicable to subsequent increases after that initial rental rate has been established.

D. Management shall provide notice of any increase in the rental rate, pursuant to subsection A, to each homeowner in accordance with Civil Code Section 798.30.

(Ord. No. 2022-2505, § 2, 12-6-2022)

A mobilehome resident may refuse to pay any increase in rent which is in violation of the chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect a rent increase.

(Ord. No. 2022-2505, § 2, 12-6-2022)

In any action brought to recover possession of a mobilehome or mobilehome space, the court shall consider as grounds for denial any violation of this chapter. Further the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial.

(Ord. No. 2022-2505, § 2, 12-6-2022)

A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted in an amount of up to triple the amount of such improperly collected rent, and for such reasonable attorney's fees and costs as may be determined by the court.

(Ord. No. 2022-2505, § 2, 12-6-2022)

Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provision of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of six months in jail or by both such fine or imprisonment. The following nonexclusive acts, without limitation due to enumeration, shall constitute a criminal violation of this chapter, including the owner of a park if done by the owner's agent with the knowledge and consent of the owner:

A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this chapter.

B. Knowingly commencing, or threatening to commence, or maintain an eviction or unlawful detainer proceeding against a resident to for the failure to pay a rent in excess of the amount fixed pursuant to this chapter.

(Ord. No. 2022-2505, § 2, 12-6-2022)

It is the intent of the city council of the City of National City to supplement applicable state and federal law and not to duplicate or contradict such law, and this chapter shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter, or its application to any other person or circumstance. The city council of the City of National City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Ord. No. 2022-2505, § 2, 12-6-2022)

This chapter shall remain in effect for only two years after its effective date and as of December 31, 2024 is repealed.

(Ord. No. 2022-2505, § 2, 12-6-2022)