San Jose Municipal Code Part 8 Fees

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 one-half 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 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.)