Rocklin Municipal Code Art. II Definitions

"Affected rental unit" means a rental unit which is benefited by a particular capital improvement or rehabilitation.

(Ord. 594 § 2 (part), 1988).

"Base rent" means the rent charged by a landlord on January 1, 1988, plus any rent increase authorized by or allowed under this chapter, including rent increases exempt from review under this chapter, but excluding assessments for capital improvements and/or rehabilitation.

(Ord. 594 § 2 (part), 1988).

"Capital improvements" means the addition or replacement of any improvement to a unit or property within the geographic boundaries of a mobile home park, or outside such boundaries but which are directly and primarily for the benefit of the park, and which meets the following conditions:

A. The addition or replacement has a useful life of at least five years; and

B. Either:

1. The addition or replacement is necessary in order to maintain compliance with applicable local code requirements affecting health and safety, or

2. The addition or replacement is provided by the mobile home park owner primarily to benefit the residents of the affected rental units;

C. "Capital improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements, and shall include debt service costs, if any, incurred as a direct result of the capital improvements.

(Ord. 594 § 2 (part), 1988).

"Commission" means the mobile home rent review commission established by Article VIII of this chapter.

(Ord. 594 § 2 (part), 1988).

"Commissioners" means commissioners of the mobile home rent review commission.

(Ord. 594 § 2 (part), 1988).

"Debt service costs" means the periodic payment or payments due under any security or financing device which is applicable to the mobile home park including any fees, commission or other charges incurred in obtaining such financing.

(Ord. 594 § 2 (part), 1988).

"Designated representative" means the person appointed in writing by an owner, a homeowner, a tenant, or a group of homeowners and/or tenants under Section 2.46.300 and authorized to represent the interests of, negotiate on behalf of and bind the appointing party.

(Ord. 594 § 2 (part), 1988).

"Fair and reasonable return" means a rate of return high enough to encourage good management, reward efficiency, discourage the flight of capital, and enable operators to maintain their credit, and which is commensurate with returns in comparable enterprises, but which is not so high as to defeat the purpose of rent control to prevent excessive rents. There is a range of rents which could be allowed in any one mobile home park subject to this chapter, all of which could be characterized as allowing a "fair and reasonable return." There is no one precise formulation; rather, there are a variety of formulations which produce a zone of reasonableness which is higher than what would be a confiscatory rate. For purposes of this chapter, a fair and reasonable return is presumed to be the return realized by a landlord charging the base rent, plus capital improvements and/or rehabilitation assessments, if any.

(Ord. 594 § 2 (part), 1988).

"Fair market rent" means the rent for a mobile home or mobile home lot that would be paid to a willing landlord by a willing homeowner or mobile home tenant as the result of an arm's length negotiation in a market free of the constraints of limited supply, impaired mobility or excessive demand.

(Ord. 594 § 2 (part), 1988).

"Filing" means actual receipt of the item being filed by the person designated in this chapter to receive the item, or by his or her designee.

(Ord. 594 § 2 (part), 1988).

"Fiscal year" means the fiscal year used for tax purposes by a landlord submitting a petition for a rent increase.

(Ord. 594 § 2 (part), 1988).

"Homeowner" means a person who has a tenancy in a mobile home park under a rental agreement.

(Ord. 594 § 2 (part), 1988).

"Landlord" means a mobile home park owner, or a mobile home owner, lessor or sublessor who receives or is entitled to receive rent for the use and occupancy of any rental unit or portion thereof, and the agent, representative or successor of any of the foregoing.

(Ord. 594 § 2 (part), 1988).

A. "Operation and maintenance costs" means all expenses incurred in the operation and maintenance of a rental unit and the buildings or complex of buildings of which it is a part together with common areas, but excluding costs of debt service, costs of capital improvements and costs of rehabilitation.

B. "Operation and maintenance costs" includes, but is not limited to, real property taxes; business taxes and fees; licenses and registration fees; insurance; sewer service charges; utility costs for rental units to the extent such costs are included in the rent; janitorial services; professional property management fees; including accounting fees, subject to paragraph D of this section; pool maintenance; building and grounds maintenance; supplies; equipment; refuse removal; and security services or systems.

C. "Operation and maintenance costs" also includes landlord-performed labor compensated at reasonable hourly rates; provided, that:

1. No landlord-performed labor shall be included as an operating expense unless the landlord submits documentation showing the date, time and nature of the work performed;

2. There shall be a maximum allowed under this provision of five percent of gross income unless the landlord shows greater services were performed for the benefit of the residents.

D. "Operation and maintenance costs" shall also include attorneys' fees and costs incurred in connection with successful good faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties. Attorneys', accounting, consulting or any other fees incurred in relation to administrative or judicial proceedings in connection with this chapter are not allowed as operating expenses.

E. "Operation and maintenance costs" shall not include the following:

1. Mortgage principal or interest payments or other debt service costs;

2. Any penalties, fees or interest assessed or awarded for violation of any provision of law;

3. Legal fees except as expressly specified in subsection D of this section;

4. Political contributions;

5. Depreciation of the rental unit or rental units;

6. Any expenses for which the landlord has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, settlement or any other method or device.

(Ord. 594 § 2 (part), 1988).

"Mobile home" means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a foundation system.

(Ord. 594 § 2 (part), 1988).

"Mobile home lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home.

(Ord. 594 § 2 (part), 1988).

"Mobile home park owner" or "owner" means the owner, lessor, operator or manager of a mobile home park.

(Ord. 594 § 2 (part), 1988).

"Mobile home tenant" or "tenant" means any person legally occupying a mobile home dwelling unit pursuant to ownership thereof or a rental or lease arrangement with the owner thereof.

(Ord. 594 § 2 (part), 1988).

"Qualified appraiser" means an MAI appraiser with experience or special training in, or otherwise showing the skills necessary for, appraising mobile home parks.

(Ord. 594 § 2 (part), 1988).

"Rehabilitation costs" means the costs of any rehabilitation or repair work done on or in a mobile home park (excluding such work done on or in an owner-occupied mobile home) or directly servicing a mobile home park, and which work was done in order to comply with an order issued by any governmental agency, regulatory board or public utility, or to repair or prevent damage resulting or which may result from fire, earthquake or other natural disaster.

(Ord. 594 § 2 (part), 1988).

"Party" means a landlord, homeowner or tenant whose rent increase is the subject of the administrative hearing process of this chapter.

(Ord. 594 § 2 (part), 1988).

A. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for or in connection with the use or occupancy, including services, of a rental unit or in connection with the assignment of a lease or in connection with subleasing of the rental unit.

B. Rent shall not include utility charges for utility services (including gas, electricity, water, refuse disposal, and/or sewer service), provided to an individual mobile home resident, as opposed to utility services provided to the mobile home park in general, where such charges are billed to the mobile home resident separately from the rent for the mobile home or mobile home lot.

(Ord. 594 § 2 (part), 1988).

"Rent increase" means any rent demanded of or paid by a homeowner or tenant in excess of rent paid for the rental unit immediately prior to such demand or payment. Rent increase includes any reduction in services provided to a mobile home resident without a corresponding reduction in the moneys demanded for or paid as rent.

(Ord. 594 § 2 (part), 1988).

"Rental agreement" means a written agreement between a landlord and a homeowner or tenant for the use and occupancy of a rental unit to the exclusion of others.

(Ord. 594 § 2 (part), 1988).

"Rental unit" means a mobile home or mobile home lot, located in a mobile home park in the city, which is offered or available for rent. Rental unit includes the land, with or without a mobile home, and appurtenant buildings thereto and all housing services, privileges and facilities supplied in connection with the use or occupancy of the mobile home or mobile home lot.

(Ord. 594 § 2 (part), 1988).

"Services" means those facilities which enhance the use of the rental lot or space, including, but not limited to, repairs, replacement, maintenance, painting, heat, hot and cold water, utilities, security devices, laundry facilities and privileges, janitorial service, refuse removal, telephone service, and recreational and other facilities in common areas of the mobile home park in which the rental units are located.

(Ord. 594 § 2 (part), 1988).

"Service reduction" means a decrease or diminution in the basic service level required to be provided by the landlord pursuant to any of the following:

A. California Civil Code Sections 1941.1 and 1941.2;

B. The Mobile Home Residency Law, California Civil Code Sections 798 et seq.;

C. The Mobile Home Parks Act., California Health and Safety Code Sections 18200 et seq.;

D. The landlord's implied warranty of habitability;

E. An express or implied agreement between the landlord and the resident;

F. The level of service as implied by the condition of improvements, fixtures and equipment, and their availability for use by the resident, at the time of the last rent increase;

G. Applicable rules or regulations of the mobile home park.

(Ord. 594 § 2 (part), 1988).

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

(Ord. 594 § 2 (part), 1988).