Rocklin Municipal Code Art. X Variances

A. Whenever a landlord finds that application of the fair market rent method of determining a fair and reasonable return is inappropriate and will not, in fact, result in rents that will provide a fair and reasonable return in its situation, the landlord may apply for a variance.

B. The application for a variance shall be submitted to the city manager and shall contain the following information:

1. A clear and detailed statement of why the fair market rent method of determining a fair and reasonable return is inappropriate to the landlord's situation and why this method will not, in fact, result in rents that will provide a fair and reasonable return;

2. One or more alternative methods of determining a fair and reasonable return;

3. All supporting documentation on which the landlord intends to rely to support the application for a variance.

C. Submittal and hearing of an application for a variance under this section shall be handled in the same manner as petitions for rent increases under Sections 2.46.420, 2.46.430B, 2.46.500 through 2.46.560, 2.46.570A and E, 2.46.610 and 2.46.620. The burden of proving an entitlement to a variance under the standards contained in this section shall be on the landlord.

D. The administrative hearing officer shall grant the variance if:

1. The administrative hearing officer finds that application of the fair market rent method will not result in setting rents that will provide a fair and reasonable return due to specific and clearly identified factors particular to the mobile home or mobile home park in question which were not caused in substantial part by the landlord; and

2. The administrative hearing officer approves an alternative method of determining rents that will provide a fair and reasonable return.

E. Upon approval of a variance under this section, a petition for rent increase may be filed under and shall be governed by Section 2.46.490 except that the approved alternative method of determining rents that will provide a fair and reasonable return shall be applied, and the administrative hearing officer shall have the authority to modify the procedures and other hearing requirements as he or she deems necessary or convenient to effectuate the objectives of this chapter and apply the alternative method.

(Ord. 594 § 2 (part), 1988).