Part 6 — LANDLORD RENT PETITION

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:

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

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:

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

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;

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

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 ninety-five 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.)