Part 4.5

INTERIM REGULATION OF RENT INCREASES UPON IN-PLACE TRANSFERS OF MOBILEHOMES

Sections:

• 17.22.617 Fair return hearing.

• 17.22.618 Fees.

• 17.22.620 Effective date of adjusted monthly rent.

Upon an in-place transfer of a mobilehome, the landlord may increase the rent by an amount which does not exceed eight percent of the then current base rent without being subject to further provisions of this part.

(Ord. 23914.)

If a landlord increases the rent upon an inplace transfer of a mobilehome by an amount in excess of eight percent of the then current base rent, then the entirety of such increase shall be deemed to be an "excessive interim rent increase" and shall be subject to the following provisions of this part. (Ord. 23914.)

• A. No later than thirty days after the landlord enters into a rental agreement which includes a rent increase subject to Section 17.22.610, the landlord shall file a notice of transfer with the rental rights and referrals program and shall mail a copy to the new owner. In addition, the landlord shall include a blank notice of correction form with the copy of the notice of transfer. The notice of transfer shall be in the format available from the rental rights and referrals program and shall be signed under

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penalty of perjury by the person filing the notice of transfer. The notice shall contain the following information:

1. The name and address of the mobilehome park owner;

2. The name of the mobilehome park;

3. The number of the lot or space on which the mobilehome is located;

4. The name and address of the transferor of the mobilehome;

5. The name and address of the transferee of the mobilehome;

6. The date of transfer;

7. The rent charged prior to transfer;

8. The rent charged following the transfer;

9. The name and address of the person who signed the notice;

10. The anniversary date for rent increases; and

11. A statement that, if the mobilehome owner disagrees with any of the information contained in the notice, the mobilehome owner has thirty days within which to fill out a notice of correction and file it with the rental rights and referrals program.

• B. No later than thirty days after the landlord mails a copy of the notice of transfer to the mobilehome owner, the mobilehome owner may file a notice of correction with the rental rights and referrals program and shall mail a copy to the landlord. The notice of correction shall be in the format available from the rental rights and referrals program and shall be signed under penalty of perjury by the person filing the notice of correction. The notice shall contain the following information:

  1. The name and address of the mobilehome park owner;

  2. The name of the mobilehome park;

  3. The number of the lot or space on which the mobilehome is located;

  4. The name and address of the transferor of the mobilehome;

  5. The name and address of the transferee of the mobilehome;

  6. The date of transfer;

  7. The rent charged prior to transfer;

  8. The rent charged following the transfer;

  9. The name and address of the person who signed the notice; and

  10. A copy of the notice of transfer to which the notice of correction refers.

• (Ords. 23914, 26792.)

• A. Following the adoption of a resolution by the city council terminating the suspension of Section 17.22.381, the rent charged for each mobilehome lot which has been subject to an excessive interim rent increase shall be adjusted in accordance with the provisions of subsection B. The adjusted amount shall be referred to as the "adjusted base rent."

• B. The adjusted base rent shall be the amount equal to the sum of the following:

  1. The pretransfer base rent, which shall be the base rent in effect on the date immediately prior to the date of first rent increase subject to the provisions of Section 17.22.610; plus

2. Any anniversary date increases actually imposed thereafter, calculated by applying any such percentage increase to the pretransfer base rent as if there had been no increases subject to Section 17.22.610.

(Ord. 23914.)

• A. The excessive rent rebate shall be equal to the difference between the total amount of rent actually paid subsequent to the first in-place transfer subject to Section 17.22.610, and the maximum amount of rent that would have been permitted under this chapter had Section 17.22.381 been in effect at the time of the in-place transfer.

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• B. The monthly installments shall be determined by dividing such excessive rent rebate by the number of months that an excessive interim rent was in effect.

• (Ord. 23914.)

The adjusted base rent shall be reduced by a credit in the amount of the monthly installment of the excessive rent rebate. This amount shall be known as the "adjusted monthly rent." (Ord. 23914.)

• A. Unless the landlord has filed a petition for fair return hearing in accordance with the provisions of Section 17.22.617, the landlord shall provide written notice of rent adjustment to the mobilehome owner and file a copy of the notice with the rental rights and referrals program within thirty days of the adoption of a resolution by the city council terminating the suspension of Section 17.22.381.

• B. The notice shall be in the format available from the rental rights and referrals program and shall contain the following:

  1. The dollar amount of the adjusted base rent;

  2. The dollar amount of the monthly rebate of excessive rent increase;

  3. The dollar amount of the adjusted monthly rent;

  4. The number of months the rebate will be in effect;

  5. The effective date of all anniversary date increases imposed since the transfer and the percentage increase and amount of each such increase;

  6. A demonstration of the calculation of each of the amounts specified in the notice;

  7. A statement of the date on which the adjusted base rent and rebate will be effective as that date is set forth on the

resolution terminating the suspension of Section 17.22.381, unless a request for administrative calculation is made;

8. The address and telephone number of the rental rights and referrals program and a statement that information concerning the law regarding rent increases is available from the rental rights and referrals program; and

9. A statement that the mobilehome owner has ten days from the receipt of the notice within which to contest the amount of the adjusted base rent, excessive rent rebate, rebate period, or adjusted monthly rent by filing a request for an administrative calculation with the rental rights and referrals program.

• (Ords. 23914, 26792.)

• A. Within ten days following the receipt of the notice of rent adjustment, the mobilehome owner may file a written request for an administrative calculation with the rental rights and referrals program.

• B. In the event the mobilehome owner does not receive a timely notice of rent adjustment, the mobilehome owner may file a written request for an administrative calculation with the rental rights and referrals program within one year of the date of adoption of the resolution by the city council pursuant to Section 17.22.630.

• C. Following receipt of a request for an administrative calculation, an administrative hearing officer shall make a determination in accordance with the following provisions:

  1. In the event the landlord has filed a notice of transfer with the rental rights and referrals program and the mobilehome owner did not file a notice of correction within the time provided for in Section 17.22.611, the administrative hearing officer shall, without a hearing, make an order of administrative calculation of rent

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based upon the information contained in the notice of transfer on file with the rental rights and referrals program.

2. In the event the mobilehome owner filed a notice of correction in accordance with the provisions of Section 17.22.611, the landlord shall file copies of records demonstrating the amount of rent immediately prior to and following the in-place transfer and the mobilehome owner may present evidence of the amount of the pretransfer rent. The administrative hearing officer, following a hearing on such evidence, shall make an order of administrative calculation of rent based upon the evidence presented.

3. In the event no notice of transfer was filed, the administrative hearing officer shall conduct an evidentiary hearing to determine the adjusted base rent.

• D. The administrative hearing officer shall issue a written order of administrative calculation of rent setting forth the following determinations:

  1. The dollar amount of the adjusted base rent;

  2. The dollar amount of the monthly rebate of excessive rent increase;

  3. The number of months that the rebate is to be in effect;

  4. The date of the order;

  5. A statement that the adjusted base rent and the rebate will be effective on the thirty-fifth day following the date of the order; and

  6. Where applicable pursuant to the provisions of Section 17.22.618, the cost of the hearing.

• E. The administrative hearing officer shall mail each party a copy of the order in the manner set forth in Section 17.22.618.

• (Ords. 23914, 26792.)

• A. If the landlord contends that the implementation of the adjusted base rent or the rebate, or both, results in the landlord's receiving less than a fair and reasonable return, the landlord may file a petition with the rental rights and referrals program for a hearing to determine a fair and reasonable return.

• B. A petition for a determination of a fair and reasonable return shall be filed in writing in the format available at the rental rights and referrals program not less than thirty days after the adoption of a resolution by the city council pursuant to Section 17.22.620.A. The petition shall contain the facts upon which the landlord relies to claim that a fair and reasonable return will not be received and shall contain the following additional information:

  1. The name and address of the mobilehome park owner;

  2. The name of the mobilehome park;

  3. For each mobilehome with an increase subject to the provisions of Section 17.22.610:

     • a. The number of the lot or space on which the mobilehome is located;

     • b. The name and address of the transferor of the mobilehome;

     • c. The name and address of the transferee of the mobilehome;

     • d. The date of transfer;

     • e. The rent charged prior to transfer; and

     • f. The rent charged following the transfer;

     • g. The dollar amount of the adjusted base rent;

     • h. The dollar amount of the monthly rebate of excessive rent increase;

     • i. The number of months that the rebate is to be in effect; and

  4. The name and address of the person who signed the notice.

• C. The landlord shall mail a copy of the petition to all mobilehome owners whose rents are the

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subject of the petition. The petition shall contain a proof of service that a copy of the petition was mailed to all such mobilehome owners.

• D. The landlord shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the rent adjustment or the rebate, or both, the landlord is unable to obtain a fair and reasonable return.

• E. If the administrative hearing officer finds that the rent adjustment or the rebate, or both, would deprive the landlord of a fair and reasonable return, the administrative hearing officer shall make one or both of the following orders:

  1. That the effective date of rent adjustment be deferred until the next anniversary date;

  2. That the excessive rent increase be rebated in lower monthly installments and over a longer period of time than that provided for in Section 17.22.613.

• (Ords. 23914, 26792.)

In addition to the administrative fees imposed pursuant to Section 17.22.900:

• A. If the administrative hearing officer determines that the information on the notice of transfer filed by the landlord is inaccurate or that the landlord failed to file a notice of transfer, the administrative hearing officer shall further order that the landlord pay to the city the amount necessary to reimburse the city for the full cost of the administrative hearing, including all charges of the administrative hearing officer.

• B. If the landlord requests a hearing pursuant to Section 17.22.617, the administrative hearing officer shall further order that the landlord pay to the city the amount necessary to reimburse the city for the full cost of the administrative hearing, including all charges of the ad-

ministrative hearing officer. The landlord shall accompany any petition for a fair return hearing pursuant to section 17.22.617 with a deposit as set forth in the schedule of fees adopted by resolution of the city council.

• (Ord. 23914.)

• A. If no request for administrative calculation or petition for a fair return hearing has been filed in accordance with the provisions of this part, the adjusted monthly rent shall be effective on the sixtieth day following the adoption of a resolution terminating the suspension of Section 17.22.381.

• B. In the event a request for an administrative calculation or a petition for a fair return hearing has been filed in accordance with the provisions of this part, the adjusted monthly base rent shall become effective on the thirty-fifth day following the mailing by first class mail, postage prepaid, of the order of the administrative hearing officer unless the administrative hearing officer determines in the order that another date shall be the effective date.

• C. After the adjusted monthly rent becomes effective pursuant to this section, unless the effectiveness of any adjustment in rent is stayed by a court of competent jurisdiction, no mobilehome owner shall be required to pay any rent greater than the adjusted base rent as reduced by the credit of any applicable monthly installment of excessive rent rebate and as further adjusted by any anniversary date increases.

• (Ord. 23914.)

• A. Increases which are imposed upon transfer of a mobilehome by the mobilehome owner where the mobilehome remains on the mobilehome lot shall be subject to review exclusively under

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this part and shall not be subject to review under the administrative hearing process set forth in Part 7 of this chapter.

• B. Except as provided in subsection C. below, anniversary date rent increases which occur during the effectiveness of this part are not subject to the limitations in this part but remain subject to the other provisions of this chapter.

• C. In hearings to determine an allowable rent increase pursuant to Part 4 of this chapter, the administrative hearing officer shall:

  1. During any period in which an excessive interim rent increase is charged: include the excessive interim rent in the calculation of the landlord's gross income and apply the same dollar amount rent increase to all affected mobilehome spaces.

  2. During the rebate period: deduct the amount of the rebate from the calculation of the landlord's gross income and apply the same dollar amount of increase to all affected spaces without reference to the amount of any rebate.

• D. In the event a landlord files a petition pursuant to Part 6 of this chapter, all hearings pursuant to this part shall be consolidated with any Part 6 hearing regarding the same mobilehome park.

• (Ord. 23914.)

The provisions of this part shall apply only to in-place transfers of mobilehomes which were completed between October 25, 1991, and April 7, 1992. (Ords. 23914, 24257.)

Part 5

RENT INCREASE LIMITATIONS

Sections:

Except as otherwise provided in this chapter, the rent of any rental unit may not be increased more than once in any twelve-month period. (Ords. 22020, 22053, 22284.)

• A. Whenever a landlord serves notice to a mobilehome owner or mobilehome tenant of a proposed rent increase which exceeds the amounts specified in Section 17.22.450, said notice shall include all of the following information:

  1. The name of the mobilehome owner or mobilehome tenant occupying the rental unit which is the subject of the rent increase;

  2. The mobilehome lot number or the mobilehome space number where the rental unit is located;

  3. Notice that under the provisions of this chapter, the landlord is required to file a petition requesting a rent increase in excess of the amounts specified in Section 17.22.450;

  4. Notice of the date the petition requesting a rent increase in excess of the amounts specified in Section 17.22.450 was filed with the city rental rights and referrals program;

  5. Notice that the portion of the rent increase in excess of the amounts specified in Section 17.22.450 will not take effect until approved by an administrative hearing officer and a statement of the rent that will be in effect until such approval;

  6. The current address and telephone number of the city rental rights and referrals program offices;

  7. Notice that documentation supporting the proposed rent increase is on file with

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the city rental rights and referrals program and in the mobilehome park office;

8. The name and current address of the landlord to whom notices are to be sent; and

9. A statement of the proposed rent increase expressed both as an actual dollar amount and as a percentage of the then current base rent.

• B. The notice shall be given to the mobilehome owners and mobilehome tenants within five working days from the date the landlord's petition requesting the increase is filed with the city rental rights and referrals program.

• C. A copy of the notice shall be filed with the city rental rights and referrals program within five working days of service of the notice on the mobilehome owners or mobilehome tenants together with an affidavit of proof of service on such owners or tenants.

• D. No rent increase in excess of the amounts specified in Section 17.22.450 shall be effective unless notice is given in accordance with the provisions of this section and such excess is approved by an administrative hearing officer.

• (Ords. 22020, 22053, 22284, 26792.)

• A. In order to facilitate the efficient operation of the administrative hearing process, anniversary dates for rent increases within a mobilehome park shall be consolidated as follows:

  1. For the calendar years 1987 and 1988, there shall be no more than two anniversary dates for rent increases within a single mobilehome park.

  2. For the calendar year beginning 1989, there shall be no more than one anniversary date for rent increases within a single mobilehome park.

  3. Whenever a rent increase is proposed for a rental unit which was subject to a new rent pursuant to Section 17.22.380 less than twelve months prior to the consoli-

  • dated anniversary date, such rent increase shall be subject to the provisions of Section 17.22.470.

• B. This section shall not apply to anniversary dates of rent increases in connection with the rent or lease of a mobilehome owned by a person who is not the resident of the mobilehome. However, nothing herein shall preclude consolidation of anniversary dates for rent increases for the rent or lease of such mobilehome.

(Ords. 22284, 22470.)

Part 6

LANDLORD RENT PETITION

Sections:

• A. Any landlord whose rental unit is subject to this chapter and who seeks to increase the rent of such rental unit by an amount in excess of the amounts specified in Section 17.22.450 shall file a petition requesting such rent increase with the city rental rights and referrals program.

• B. Such petition shall be on a form prescribed by the commission and shall include:

  1. A list of the names and addresses of all mobilehome owners and mobilehome tenants subject to the rent increase; and

  2. A statement of the date the rent increase is proposed to be effective.

• C. The petition shall be accompanied by a copy of any and all documentation upon which the landlord relied in determining the proposed rent increase. Such documentation shall, at a minimum, include but shall not be limited to:

  1. A statement of the gross income described in Section 17.22.530, and documentation supporting such statement;

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2. A statement of the operating expenses described in Section 17.22.540 incurred during the calendar or fiscal year immediately preceding the filing of the petition, and documentation supporting such statement;

3. A statement of the base year net operating income and the current net operating income calculated in accordance with Part 4 of this chapter; and

4. A statement of the fair and reasonable return calculated in accordance with Section 17.22.550.

• D. In the case of a petition seeking a rent increase in conjunction with the consolidation of anniversary dates as provided in section 17.22.680, instead of the documentation required by subsection C. above, the petition shall be accompanied by a statement listing the date of the last rent increase for each mobilehome owner and each mobilehome tenant subject to the proposed rent increase and a statement setting forth the proposed rent increase for each such mobilehome owner and mobilehome tenant.

• E. The documentation required by this section shall be available for inspection and copying by any mobilehome owner or mobilehome tenant whose rent increase is the subject of a timely filed petition, or by such owner's or tenant's representative, at the city rental rights and referrals program during the normal business hours of the city rental rights and referrals program. A copy of such documentation shall be maintained at the mobilehome park office and shall be available for inspection during the normal business hours of such office.

• F. If the landlord fails to submit any of the documentation required by this section, the administrative hearing officer may order production of such documentation. Failure by the landlord to submit the documentation ordered by the administrative hearing officer shall be grounds for the administrative hearing officer to find that a rent increase in the

amounts specified in Section 17.22.450 will provide the landlord with a fair and reasonable return.

(Ords. 22020, 22053, 22284, 22470, 26792.)

• A. A landlord's petition requesting a rent increase in excess of the amounts specified in section 17.22.450 shall be filed at least ninetyfive calendar days, but not more than one hundred twenty calendar days, prior to the effective date of the proposed rent increase.

• B. The notice of the rent increase shall be given by the landlord to the affected mobilehome owners or mobilehome tenants within five working days of the date the petition is filed.

• (Ords. 22284, 24666.)

If a landlord fails to file a petition requesting a rent increase in excess of the amounts specified in Section 17.22.450 or if a landlord fails to file the petition within the time set forth in Section 17.22.710, that portion of the proposed increase which is in excess of the amounts specified in Section 17.22.450 of the then current base rent shall not take effect or be collected by the landlord.

(Ords. 22284, 24400.)

Part 7

ADMINISTRATIVE HEARING

Sections:

• 17.22.760 Time of hearing.

• 17.22.770 Notice of hearing.

• 17.22.780 Submission of documents.

• 17.22.785 Prehearing conferences. 17.22.790 Conduct of hearing.

• 17.22.800 Representation of parties. 17.22.810 Hearing - Findings and determination.

• 17.22.815 Duty to keep 1985 records.

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The purpose of the administrative hearing is to make a determination of the allowable rent increase pursuant to this chapter. (Ord. 22284.)

• A. The administrative hearing officer shall conduct an administrative hearing on the petition within sixty calendar days of the date the landlord's petition is filed.

• B. The administrative hearing may be scheduled during the normal business hours of the city rental rights and referrals program unless a party requests that the hearing be scheduled during the evening.

• C. The administrative hearing may be held at the mobilehome park with the consent of the mobilehome park landlord, or at such other place as the city rental rights and referrals program may designate.

(Ords. 22020, 22053, 22284, 26792.)

• A. Written notice of the time, date and place of the administrative hearing and of the name of the administrative hearing officer assigned to hear the petition shall be given by the city rental rights and referrals program to the landlord and to all affected mobilehome owners and mobilehome tenants within ten working days of receipt of the landlord's petition requesting a rent increase in excess of the amounts specified in Section 17.22.450.

• B. Such notice shall be personally served on the parties or shall be sent by first class mail, with a proof of service affidavit.

• C. The notice of hearing shall specify the date by which any documentation the mobilehome owners or mobilehome tenants wish to introduce at the administrative hearing must be filed with the city rental rights and referrals program. Said date shall not be more than thirty calendar days from the date such notice is personally served or mailed by the city rental rights and referrals program.

(Ords. 22020, 22053, 22284, 26792.)

• A. The mobilehome owners or mobilehome tenants shall submit to the city rental rights and referrals program and to the landlord a copy of all written documentation, including any allegations of service reductions which the owners or tenants wish to present at the hearing within the time specified in the notice described in Section 17.22.770.

• B. Either party may request that additional specific supporting documentation be provided to substantiate the claims made by the other party. The request shall be presented in writing to the administrative hearing officer.

• C. The administrative hearing officer may order production of such requested documentation, except documentation required by Section 17.22.700, as the administrative hearing officer determines is relevant to the proceedings. The requested documentation shall be submitted to the city rental rights and referrals program and shall be available to the requesting party for inspection and copying during the normal business hours of the city rental rights and referrals program.

• D. A copy of all documentation required by this section shall be maintained at the mobilehome park office and shall be available for inspection during the normal business hours of such office.

• E. The failure of a party to produce documentation ordered by the administrative hearing officer shall be grounds for the administrative hearing officer to find that such party has not

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met its burden of proof with respect to the matters to which such documentation pertains.

(Ords. 22284, 22802, 26792.)

• A. At the request of the administrative hearing officer, the rental rights and referrals program may schedule a prehearing conference to be held prior to the commencement of a hearing where proposed rent increases are based on the net operating income standard set forth in Part 4 of this chapter. Any such prehearing conference shall be held no earlier than ten calendar days after the date mobilehome owners and mobilehome tenants must file documentation to be introduced at the administrative hearing, as specified in the notice described in Section 17.22.770.

• B. The purpose of the prehearing conference shall be for the parties and the administrative hearing officer to review the documentation to be presented at the administrative hearing, for the administrative hearing officer to determine an agenda for the administrative hearing, and for the parties to have an opportunity to stipulate to uncontested matters, if any.

• C. In the event the administrative hearing officer desires that a prehearing conference be scheduled, the administrative hearing officer shall so notify the rental rights and referrals program. If the rental rights and referrals program schedules a prehearing conference, the rental rights and referrals program shall give written notice to the landlord and all affected mobilehome owners and mobile home tenants of the time, date and place of the prehearing conference not less than five calendar days prior to the date of the prehearing conference.

• D. Any procedural determinations made at the prehearing conference by the administrative hearing officer regarding the conduct of the administrative hearing shall be binding on all parties to the hearing.

• (Ords. 23102, 26792.)

• A. The hearing shall be conducted by the administrative hearing officer in accordance with such rules and regulations as may be promulgated by the city council.

• B. The administrative hearing officer shall have the power and authority to require and administer oaths or affirmations where appropriate, and to take and hear evidence concerning any matter pending before the administrative hearing officer.

• C. The rules of evidence generally applicable in the courts shall not be binding on the administrative hearing officer. Hearsay evidence and any and all other evidence which the administrative hearing officer deems relevant and proper may be admitted and considered.

• D. Any party or such party's representative, designated in writing by the party, may appear at the hearing to offer such documents, oral testimony, written declaration or other evidence as may be relevant to the proceedings.

• E. The administrative hearing officer may grant or order not more than two continuances of the hearing for not more than ten working days each. Additional continuances may be granted only if all parties stipulate in writing. Such continuances may be granted or ordered at the administrative hearing without further written notice to the parties.

• F. A tape recording of the proceedings shall be made by the administrative hearing officer or the city rental rights and referrals program and shall be maintained by the city rental rights and referrals program.

• (Ords. 22020, 22053, 22284, 26792.)

• A. The parties in any administrative hearing are entitled and encouraged to be represented at the hearings by a person of the party's choosing. The representative need not be an attorney.

• B. Written designation of representatives shall be filed with the city rental rights and referrals program.

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• C. The written designation of representative shall include a statement that the representative is authorized to bind the party to any stipulation, decision or other action taken at the administrative hearing.

• (Ords. 22284, 26792.)

• A. The administrative hearing officer shall, within fifteen working days of the close of the hearing, submit to the city rental rights and referrals program a written statement of decision, together with written findings of fact upon which such decision is based.

• B. The administrative hearing officer's decision shall include a determination in accordance with the provisions of this chapter of the amount of the rent increase, if any, which is required to provide the landlord with a fair and reasonable return.

• C. The administrative hearing officer's allowance or disallowance of any proposed rent increase or portion thereof may be reasonably conditioned in any manner necessary to effectuate the purposes of this chapter.

• D. The city rental rights and referrals program shall forthwith mail copies of the decision to the landlord and all affected mobilehome owners and mobilehome tenants.

• (Ords. 22020, 22053, 22284, 26792.)

• A. All mobilehome park owners who own rental units which are subject to the provisions of Chapter 17.22 of this Code are hereby put on notice that they are required to keep all financial records for 1985 which may be necessary for making a net operating income determination and that failure to do so may result in the loss of the ability to obtain a rent increase in excess of the annual rent increase authorized under Section 17.22.450.

• B. This section is intended to be merely a restatement of previously existing obligations under Chapter 17.22.

• (Ord. 25996.)

• A. The burden of proving the reasonableness of the rent increase shall be on the landlord.

• B. The burden of proving service reductions shall be on the mobilehome owner or mobilehome tenant alleging that service reductions have occurred.

• (Ord. 22284.)

• A. The administrative hearing officer's decision shall apply to all mobilehome owners or mobilehome tenants subject to the proposed rent increase regardless of whether such owner or tenant was present or represented at the administrative hearing.

• B. The administrative hearing officer's decision regarding service reductions shall apply to all mobilehome owners and mobilehome tenants who are subject to the proposed rent increase and are affected by the service reduction.

• (Ords. 22284, 222802.)

Except as provided in Section 17.22.850, the decision of the administrative hearing officer shall be final and binding on the landlord and all mobilehome owners and mobilehome tenants who are parties to the hearing either personally or through their designated representatives. (Ords. 22020, 22053, 22284.)

Any party alleging that the administrative hearing officer's statement of decision contains mathematic or clerical inaccuracies may so notify the city rental rights and referrals program within fifteen calendar days of the mailing of the decision by the city rental rights and referrals program. The city rental rights and referrals program shall forthwith refer such allegations to the administrative hearing officer, who shall review the decision, make any corrections warranted, and refile the statement of decision within five working days of referral by

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the city rental rights and referrals program. Upon refiling of the statement, the decision shall be final and binding on the parties. (Ords. 22284, 26792.)

Part 8

FEES

Sections:

17.22.910 Amount of fee.

• 17.22.920 Payment of fee.

• 17.22.930 Proration of fee.

A rent dispute fee is hereby imposed upon each rental unit which is subject to the provisions of this chapter. Said fee is imposed for the purpose of reimbursement to the city's general fund the costs of providing and administering the administrative hearing process established by this chapter. (Ords. 22020, 22053, 22284, 22802.)

The city manager and the commission shall report to the city council not less than once each fiscal year their recommendation regarding the amount of the fee necessary to recover the costs of administering this chapter. The amount of the fee shall be set forth in the schedule of fees adopted by resolution of the city council. The fee shall not exceed the amount found by the council to be necessary to recover the costs of administering this chapter, and the council's finding in this regard shall be final.

(Ords. 22020, 22053, 22284.)

• A. The mobilehome park landlord shall pay the rental dispute fee for all of the landlord's rental units which are subject to this chapter on or before January 31 of each year.

• B. All payments shall be made to the city's director of finance.

• C. The mobilehome park landlord may pass onehalf the amount of the rental dispute fee to the resident of each space which is subject to the fee, provided that the amount of the pass through is set forth as a line item which is separate from the base rent.

(Ords. 22020, 22053, 22284, 24258, 24760.)

The first rent dispute fee to be paid shall be prorated by the director of finance to adjust future payments to a calendar year basis as follows:

• A. A fee paid at any time during the first quarterly period shall be paid at the rate of one hundred percent of the full annual fee.

• B. A fee paid at any time during the second quarterly period shall be paid at the rate of seventy-five percent of the full annual fee.

• C. A fee paid at any time during the third quarterly period shall be paid at the rate of fifty percent of the full annual fee.

• D. A fee paid at any time during the fourth quarterly period shall be paid at the rate of twenty-five percent of the full annual fee.

(Ords. 22020, 22053, 22284.)

• A. The rent dispute fee is due and payable on the date the mobilehome park operating fee is due and payable.

• B. Any mobilehome park landlord who fails or refuses to pay any fee required under this chapter for a period of thirty days from and after the date such fee is due shall, in addition to the fee, pay a penalty of ten percent of the amount of the unpaid fee.

(Ords. 22020, 22053, 22284.)

In the event the mobilehome park operating permit is transferred to a successor landlord of a

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§ 17.22.950

park for which the annual rent dispute fee has been paid, the transferring landlord or the successor landlord shall provide notice of the transfer to the city rental rights and referrals program and the successor landlord shall register with the city rental rights and referrals program as provided in Section 17.22.1050. Upon registration by the successor landlord in accordance with Section 17.22.1050, the successor landlord shall be deemed to have paid said rental dispute fee for the park. (Ords. 22020, 22053, 22284, 22850, 26792.)

day is a day on which there is no mail delivery service, on the first day following said fifth day on which there is mail delivery service.

• D. If a party has filed a written designation of a representative pursuant to Section 17.22.800, a notice shall be deemed given to such party if it is given to such party's designated representative.

• (Ord. 22284.)

program.

Part 9

GENERAL PROVISIONS

Sections:

• 17.22.1020 Appeal of rental rights and referrals program decision.

• 17.22.1030 Role of city attorney.

• 17.22.1040 Judicial review.

• 17.22.1055 Notice of ordinance to mobilehome park residents and prospective residents.

• 17.22.1070 Establishment of maximum annual percentage increase.

• A. Any notice required to be given by any provision of this chapter may be given by personal service, by registered or certified mail, return receipt requested, or by first class mail, postage prepaid.

• B. If personally served or if sent by registered or certified mail, such notice shall be deemed given on the date actually received.

• C. If sent by first class mail, such notice shall be deemed given five days after the deposit of the notice in the United States mail or, if said fifth

The city rental rights and referrals program shall provide staff services to the commission including, but not limited to, the following:

• A. Maintain files pertaining to rent disputes for which petitions are filed pursuant to this chapter.

• B. Review petitions for timeliness and completeness.

• C. Send notices to landlords, mobilehome owners and mobilehome tenants as required by this chapter.

• D. Screen applications from persons applying for positions as administrative hearing officers and make recommendations to the city council or city manager regarding employment of such persons.

• E. Send notices of commission meetings to interested parties.

• F. Prepare the agenda and the minutes of commission meetings and prepare packets of materials relating to matters before the commission.

• G. Determine the maximum annual percentage increase in accordance with the provisions of Section 17.22.155.C.

• H. Other duties as determined by the city manager.

• (Ords. 22284, 24400, 26792.)

Any landlord, mobilehome owner or mobilehome tenant aggrieved by an action or deci-

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sion of the city rental rights and referrals program pursuant to this chapter may appeal such decision to the director by filing a written statement with said director within ten working days of the action or decision of the city rental rights and referrals program, with a copy to the city rental rights and referrals program, setting forth the grounds upon which such person believes the action or decision of the city rental rights and referrals program should be reversed. The director shall review the decision and make a final ruling. (Ords. 22284, 24400, 26792.)

• A. The city attorney shall provide legal services to the commission.

• B. The city attorney shall prepare formal legal opinions in response to requests from the city council, the commission, city staff or any administrative hearing officer. Legal questions raised by other persons shall be forwarded to the commission which may, in its discretion, refer questions of general interest or applicability to the city attorney.

• (Ord. 22284.)

Any landlord, mobilehome owner or mobilehome tenant aggrieved by any decision of an administrative hearing officer in a proceeding pursuant to this chapter in which such landlord, owner or tenant is a party may seek judicial review in a court of competent jurisdiction. (Ord. 22284.)

• A. Each mobilehome park landlord shall register with the city rental rights and referrals program on or before September 1, 1988. Such registration shall consist of filing with the city rental rights and referrals program the following information:

  1. The name and address of the mobilehome park.

  2. The number of lots in the mobilehome park which are occupied or available for occupancy.

  3. The names and addresses of the owners of the mobilehome park.

  4. The name and address of the manager of the mobilehome park.

  5. The name and address of the person or persons designated for service of process on behalf of the mobilehome park landlord.

• B. Upon the sale or transfer of a mobilehome park, the seller or transferor shall notify the city rental rights and referrals program of the date of the sale or transfer and of the name and address of the buyer or transferee.

• C. Within ten days of the sale or transfer of a mobilehome park, the buyer or transferee shall register with the city rental rights and referrals program by providing the information required by subsection A. above.

• D. No mobilehome park landlord shall demand, receive or collect any rent increase from any mobilehome owner or mobilehome tenant in excess of the amounts specified in Section 17.22.450 unless such landlord is registered with the city rental rights and referrals program as the landlord of the mobilehome park in which the rent increase is sought and has provided the information required by subsection A. above.

• (Ords. 22850, 26792.)

• A. The city rental rights and referrals program shall prepare a summary of the mobilehome rent ordinance set forth in this chapter and, upon approval of the summary by the mobilehome advisory commission, shall give a copy of the summary to the landlord of each mobilehome park located in the city.

• B. The mobilehome park landlord shall maintain the summary in the mobilehome park office

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§ 17.22.1055

and shall give a copy of the summary to each resident of the mobilehome park annually prior to February 1 of each year.

• C. At the time an offer is made to purchase or otherwise acquire any mobilehome that will remain in the park, the selling or transferring mobilehome owner shall give a copy of the summary to the potential buyer or transferee.

• (Ords. 22851, 26792.)

Part 11

ENFORCEMENT

Sections:

• A. On or before July 1 of each year, the city rental rights and referrals program shall determine the maximum standard annual percentage increase for the next year beginning October 1 in accordance with the provisions of Section 17.22.155C., and prepare a notice of the maximum standard annual percentage increase, and shall give a copy of the notice to the landlord of each mobilehome park located in the city.

• B. The mobilehome park landlord shall post a copy of the notice in the mobilehome park office within twenty-four hours of receipt.

• (Ords. 24400, 24666, 26792.)

Part 10

REGULATIONS

Sections:

The City Manager or their designee shall have the authority to promulgate and amend regulations for the administration and implementation of this Chapter 17.22, which regulations shall have the force of law.

(Ord. 31214.)

• A. Any waiver or purported waiver by a mobilehome owner or mobilehome tenant of rights granted under this chapter prior to the time when such rights may be exercised shall be void as contrary to public policy, except as provided in Section 17.22.370.

• B. It shall be unlawful for a landlord to require or attempt to require, as a condition of tenancy in a mobilehome park, a mobilehome owner, mobilehome tenant, prospective mobilehome owner, or prospective mobilehome tenant to waive in a lease or rental agreement or in any other agreement the rights granted to a mobilehome owner or mobilehome tenant by this chapter.

• C. It shall be unlawful for a landlord to deny or threaten to deny tenancy in a mobilehome park to any person on account of such person's refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a mobilehome owner or mobilehome tenant by this chapter.

• D. Nothing in this section shall preclude a mobilehome park landlord and a mobilehome owner, mobilehome tenant, prospective mobilehome owner or prospective mobilehome tenant from entering into a lease or rental agreement described in Section 17.22.370 provided that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the

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mobilehome park and is not procured under threat of a denial of tenancy in the mobilehome park.

• (Ords. 22020, 22053, 22284, 22850.)

• A. It shall be unlawful for any landlord to evict a mobilehome owner or mobilehome tenant where the landlord's dominant motive in seeking to recover possession of the rental unit is:

  1. Retaliation for the mobilehome owner's or mobilehome tenant's organizing, petitioning government for rent relief, or exercising any right granted under this chapter; or

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2. Evasion of the purposes of this chapter.

B. It shall be unlawful for a landlord to retaliate against a mobilehome owner or mobilehome tenant for the owner's or tenant's assertion or exercise of rights under this chapter in any manner, including but not limited to:

1. Threatening to bring or bringing an action to recover possession of a rental unit.

2. Engaging in any form of harassment that causes the owner or tenant to quit the premises.

3. Decreasing housing services.

4. Increasing rent.

5. Imposing or increasing a security deposit or other charge payable by the owner or tenant.

• (Ords. 22020, 22053, 22284.)

• A. It shall be unlawful for a landlord to demand any rent in excess of the amounts specified in Section 17.22.450 during the period from the filing of a timely petition to the date an administrative hearing officer's decision approving such excess is rendered.

• B. It shall be unlawful for a landlord to demand, accept, receive or retain any rent in excess of the maximum rent allowed by the decision of an administrative hearing officer under this chapter.

• C. It shall be unlawful for a landlord to demand, accept, receive or retain any rent in excess of the maximum rent allowed by Section 17.22.450 or Part 4.5.

(Ords. 22020, 22053, 22284, 23914, 24400.)

• A. If any person is found to have demanded, accepted, received or retained any payment of rent:

  1. In excess of the maximum rent allowed by decision of an administrative hearing officer under this chapter, or

  2. In violation of the notice provisions of Section 17.22.660, or

  3. In the form of a service reduction without a corresponding reduction in rent, or

  4. In violation of Section 17.22.450 or Part 4.5, such person shall be liable to the mobilehome owner or mobilehome tenant from whom such payment was demanded, accepted, received or retained, for damages as determined by a court of competent jurisdiction.

• B. In the event a mobilehome owner or mobilehome tenant is the prevailing party in a civil action against a person found to have demanded, accepted, received or retained any payment of rent described in subsection A., such mobilehome owner or mobilehome tenant, in addition to damages as determined by the court pursuant to subsection A., may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars or three times the damages determined by the court pursuant to subsection A., whichever is greater. For the purposes of this subsection, a mobilehome owner or mobilehome tenant shall be deemed to be a prevailing party if the judgment is rendered in such mobilehome owner's or mobilehome tenant's favor or if the litigation is dismissed in such mobilehome owner's or mobilehome tenant's favor prior to final judgment, unless the parties otherwise agree in the settlement or compromise.

• C. Any person who suffers damages because of the failure of a mobilehome park landlord or a selling or transferring mobilehome owner to provide the information required to be provided by Section 17.22.1060, may bring an action for damages in a court of competent jurisdiction and shall be entitled to recover damages, as determined by the court, from such mobilehome park landlord or such selling or transferring mobilehome owner.

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• D. Remedies provided by this section are in addition to any other legal or equitable remedies and are not intended to be exclusive.

• (Ords. 22020, 22053, 22284, 22802, 22851, 23914, 24400.)