Pomona Municipal Code § 30-552 Findings and purpose

Footnotes:

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State Law reference— Mobile home rent controls, Code of Civil Procedure § 798.45 et seq.

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:

Affected homeowner means any mobile home owner whose rent payment is affected by any proposed rent adjustment and excludes those mobile home owners who are exempt pursuant to Code of Civil Procedure § 798.17, Code of Civil Procedure § 798.21 or other law. Those mobile home owners whose written rental agreement terminates at any time during a calendar year shall also be an affected homeowner during that year. Tenants of an affected homeowner shall also be an affected home owner for purposes of this division, provided that the mobile home owner is not residing in the mobile home. There shall be one designated affected homeowner per mobile home space.

Board refers to the mobile home hearing rent board. Such board shall consist of a panel of three members, including the rent administrator, the appointee by the community development director and the appointee by the city manager.

Consumer Price Index (CPI) means the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers for the Los Angeles/Anaheim/Riverside Metropolitan Area. If the Consumer Price Index is discontinued or revised while this division is in effect, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised.

Mobile home means a vehicle designed or used for human habitation when used as a place of residence where such vehicle conforms to applicable state rules and regulations.

Mobile home owner means any person entitled under the terms of a rental agreement, whether verbal or written, to the use or occupancy of a mobile home space. There shall be one designated homeowner per mobile home space.

Mobile home park means an area of land where two or more mobile home sites are rented or held out for rent to accommodate mobile homes used for human habitation. A mobile home park shall not include land and/or premises used primarily for the rental of spaces for recreational vehicle uses.

Mobile home space means a site within a mobile home park rented or offered for rent for the location and installation of a mobile home and accessory structures or appurtenances attached thereto.

Mobile home rent administrator (MRA) means the person designated by the city manager, which designee is under the direction of the community development director, to establish policies, administer and enforce this division.

Park owner means a person who receives or is entitled to receive rent for the use or occupancy of spaces in a mobile home park or an agent or representative authorized to rent on behalf of such person.

Park services means reasonable incidental services, including but not limited to repairs and maintenance, but shall not include capital improvements. Any fee or charge for park services shall be consistent with Code of Civil Procedure div. 2, pt. 2, title 2, ch. 2.5, art. 4 (Code of Civil Procedure § 798.30 et seq.), and other applicable State Law or court decisions.

Rent means the consideration charged solely for the use and occupancy of a mobile home space in a park and shall not include any amount paid for the use of the mobile home dwelling unit or for facilities or amenities in a park, other than a mobile home space, or any other fees or charges regulated by State Laws and case decisions.

Tenancy means the right of a homeowner to the use of a site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements, and accessory structures for human habitation, including the use of services and facilities of the park.

(Code 1959, § 15-2; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part); Ord. No. 3822, §§ 1, 2)

Cross reference— Definitions generally, § 1-2.

The city council hereby finds and declares, as the purpose of this division, as follows:

(1) The state has recognized, by the adoption of the Mobile Home Residency Law (Code of Civil Procedure § 798 et seq.), and the city council likewise has recognized that tenants of mobile home parks, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned. The physical removal and relocation of a mobile home from a rented or leased space within a mobile home park can be accomplished only at substantial cost and inconvenience with the concurrent ability to find another location, and, in many instances, the removal requires a separation of the mobile home unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobile home.

(2) Pursuant to studies and hearings conducted by the city council and city staff, the city council has determined it necessary and in the public interest to establish a mechanism to assist in the resolution of disputes that may arise from time to time between tenants and management of mobile home parks regarding the rates charged for the rental of a mobile home space.

(3) There is, within the city and surrounding areas, a shortage of spaces for the location of mobile homes, resulting in a low vacancy rate.

(4) Because of the shortage and potential for rapidly rising rates, regulation is necessary to ensure that economic hardship to a substantial number of mobile home park tenants in the city does not occur.

(5) Therefore, the city council does accordingly find and declare that it is necessary to establish a means to provide protection to mobile home park tenants from unreasonable rent increases, while at the same time recognizing the need of mobile home park management to receive a fair return and to receive rent increases sufficient to cover increased costs of repairs, maintenance, service, insurance, upkeep, and other amenities permitted by law.

(6) The city council further finds and declares that the adoption of the ordinance from which this division is derived will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of the ordinance from which this division is derived involves no deviation from the general plan and no change in the use of any property within the city.

(Code 1959, § 15-1; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

(a) Any resident aggrieved by the willful violation of this division may sue thereon and recover actual damages plus a civil penalty.

(b) Any mobile home park owner or representative who receives or retains any payment of rent in excess of that permitted under this division shall be liable to the resident from whom such payment is received or retained for damages and civil penalties in the amount of $200.00 or three times the amount of the payment so received or retained which exceeds the maximum lawful space rent, whichever is greater.

(c) In addition to any civil penalty provided under this division, any person who willfully and unlawfully violates this division may be in violation of a misdemeanor.

(Code 1959, § 15-9; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

A tenant may refuse to pay any rent which exceeds the maximum annual increase as set forth in section 30-558. The fact the rent attempted to be collected exceeds the maximum annual increase shall be a defense in any action brought to recover rent or possession of a mobile home space.

(Code 1959, § 15-10; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

(a) This division shall apply to all mobile home tenancies in mobile home parks located in the city, except the following:

(1) Tenancies in mobile home parks of four spaces or fewer.

(2) Mobile home parks owned exclusively by the tenants.

(3) Tenancies which are exempt from local ordinances, rules, regulations or initiative measures adopted by any local governmental entity pursuant to Code of Civil Procedure § 798.17, Code of Civil Procedure § 798.21 or other law, except as provided and defined in this division.

(b) This division shall not apply to parks which are established and operated for primary purpose of renting land and/or spaces for recreational vehicle uses.

(Code 1959, § 15-3; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

In addition to the specific duties described elsewhere in this division, the mobile home rent administrator (MRA) shall have the following duties:

(1) Adopt procedures and guidelines, approved by the city council, for the implementation of this division.

(2) Take all reasonable and necessary measures to effect the purposes, intent and enforcement of this division.

(3) Formulate and order to be filed on an annual basis a full and complete listing of all tenants and mobile home owners within each mobile home park located within the city. Contained on this form shall be all information necessary for the purposes of this division, including but not limited to addresses, amounts of rents, dates first rented space, last rent increase, longterm lease tenants. The mobile home rent administrator shall have the authority to establish appropriate penalties for noncompliance with this requirement.

(Code 1959, § 15-4; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

Under this division, the maximum annual allowable increase, on an annual basis, for rent, park services fees, and charges, or any combination of such shall not exceed five percent or the "CPI percentage increase" as described herein, whichever is the lesser of the two. The "CPI percentage increase" shall be based on the Consumer Price Index (CPI)(as described in section 30-551), and shall be derived by subtracting the "prior year index" from the "new year index", then dividing the result by the "prior year index", then multiplying the result by 100. (See equation below). The "new year index" shall be the index published for the month of January of the year in which the calculation is being applied will take effect. The "prior year index" shall be the index published for the month of January for the year prior to the year in which the calculation being applied will take effect.

CPI percentage increase = [(New Year Index - Prior Year Index) ° Prior Year Index] × 100.

(Code 1959, § 15-5; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part); Ord. No. 4069, § 1, 9-18-2006)

(a) Not later than 60 calendar days before an increase in rent is to become effective pursuant to this division, an owner shall provide a written notice of intent to raise rent to homeowners affected by or subject to such increase. No rent increase shall be valid in the absence of the timely service of such notice of intent.

(b) An owner shall be limited to one proposed rent increase per affected homeowner's space during a calendar year, irrespective of whether such proposed rent increase becomes effective pursuant to the mediation/arbitration procedures set forth in this division.

(c) Any notice of rent increase shall include, in addition to all notices required by law, a notice of tenant's rights, as provided for and established by this division. The mobile home rent administrator shall develop and make available to each mobile home park owner the form entitled "Notice of Tenant's Rights." any attempted rent increase which does not include the notice of tenant's rights shall be invalid as not complying with this division.

(Code 1959, § 15-6; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

No mobile home park owner shall reduce or eliminate any park service to any mobile home space unless and until the cost savings resulting therefrom is passed on to the mobile home owners in a rent adjustment approved pursuant to this division.

(Code 1959, § 15-7; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

Rent increases granted under this division shall not be effective and shall not be demanded, accepted or retained until the park owner or his agent has given all notices required by state law and by this division.

(Code 1959, § 15-8; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

Notwithstanding the limitation on rent increases otherwise set forth in this division, upon any change in the ownership of the mobile home that is on a mobile home space, the rent for the mobile home space may not be increased without limit. When a mobile home becomes vacant or the ownership of a mobile home is transferred, the park owner may raise the monthly rent no greater than $25.00 above the highest rent for a space in the mobile home park, but no further increases may occur on that space for 12 months. A change in ownership shall not include any of the following:

(1) A transfer to a conservator of the person and/or of the estate of a tenant;

(2) A transfer which takes effect upon the death of a spouse;

(3) A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of marriage or legal separation; or

(4) The creation, transfer, or termination solely between spouses of any co-owner's interest.

(Code 1959, § 15-11; Ord. No. 3652, § 1 (part); Ord. No. 3702, § 1 (part))

(a) The mobile home hearing rent board may make individual rent adjustments, either upward or downward, of the maximum rent established as the base rent for rent-controlled units under this division. The board shall receive petitions from landlords and tenants for such adjustments. It shall be presumed that the net operating income produced by the property during the base year provided a fair return (fair net operating income). Landlords shall be entitled to earn a just and reasonable return and to maintain and increase their base year net operating income.

(b) It may be determined that the base year net operating income yielded other than a fair return, in which case the base year net operating income may be adjusted accordingly. In order to make such a determination, the board must make at least one of the following findings:

(1) The landlord's operating and maintenance expenses in the base year were unusually high or low in comparison to other years; or

(2) The rent on the base date was disproportionately low.

(c) The net operating income is the gross property income minus operating expenses exclusive of debt service.

(d) The board may receive relevant evidence demonstrating that a landlord is not receiving a just and reasonable return under the provisions of the net operating income formula so that the application of the formula may be modified to provide a just and reasonable return.

(e) In reviewing such petitions for adjustments, the board shall also consider relevant factors, including but not limited to the following:

(1) Increases or decreases in property taxes;

(2) Unavoidable increases or decreases in operating and maintenance expenses;

(3) Capital improvement of the rent-controlled unit, as distinguished from ordinary repair, replacement and maintenance;

(4) Increases or decreases in living space, furniture, furnishings or equipment;

(5) Substantial deterioration of the rent-controlled unit other than as a result of ordinary wear and tear; and

(6) Failure on the part of the landlord to provide adequate housing services.

(Code 1959, § 15-14; Ord. No. 3822, § 4 (part))

(a) Petitions. Under this division the mobile home hearing rent board shall consider an adjustment of rent for an individual rent-controlled unit filed by the landlord or tenant of such a unit. No such adjustment shall be granted until after the board considers the petition at an adjustment hearing.

(b) Notice. The board shall notify the landlord, if the petition was filed by the tenant, or the tenant, if the petition was filed by the landlord, of the receipt of such a petition. The board shall schedule a hearing no earlier than the 16th day after the postmark of the notice of the hearing sent to the parties and shall notify both parties as to the time, date and place of the hearing. Hearings shall be scheduled for times most convenient for all parties, including evenings and weekends. Hearings may be postponed or continued for good cause, provided that all parties receive timely notice of such action.

(c) Records. The board may require either party to a rent adjustment petition to provide it with all pertinent books, records and papers. Such documents shall be made available to the parties involved at least seven days prior to the hearing at the office of the board.

(d) Open hearings. All rent adjustment hearings shall be open to the public.

(e) Decisions. The board shall make a final decision no later than 15 days after the conclusion of the hearing. No rent adjustment shall be granted unless supported by the preponderance of the 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. At the same time, parties to the proceeding shall also be notified of their right to judicial review.

(f) Consolidation. The board may consolidate petitions relating to rent-controlled units in the same mobile home park with the written consent of a majority of the tenants, and all such petitions may be considered in a single hearing.

(g) Repetition. Notwithstanding any other subsection of this section, the board may, without holding a hearing, refuse to adjust a maximum rent level upward for an individual rental unit if a hearing has been held with regard to the rental level of such unit within the prior 12 months.

(h) Inadequate or false information. If information filed in a petition for rent adjustment or in additional submissions filed at the request of the board is inadequate or false, no action shall be taken on such petition until the deficiency is remedied.

(i) Right to assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, tenant union representatives or any other persons designated by such parties.

(j) Hearing record. The board shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for the decision on the issues at the hearing. The record of the hearing or any part of one shall be obtainable for the cost of copying. The record of the hearing shall include the following:

(1) All exhibits, papers and documents required to be filed or accepted into evidence during the proceeding;

(2) A list of participants present;

(3) A summary of all testimony accepted in the proceeding;

(4) A statement of all materials officially noticed;

(5) All findings of fact;

(6) The ruling on each exception or objection, if any are presented;

(7) All recommended decisions, orders or rulings;

(8) All final decisions and/or orders; and

(9) The reasons for each recommended and each final decision order or ruling.

(Code 1959, § 15-15; Ord. No. 3822, § 4 (part))