San Leandro Municipal Code Art. 1 Definitions

(Legislative History: Ordinance No. 2019-010, 7/3/19 (Sections 4-39-100—4-39-105))

This Chapter shall be known as the "Mobilehome Space Rent Stabilization Ordinance."

For purposes of this Chapter, the following words, terms and phrases shall be defined as follows:

"Affected Mobilehome Owners"

means those Mobilehome Owners whose Space Rent is affected by a Rent adjustment made pursuant to this Chapter that is not covered by a valid lease meeting the requirements of California Civil Code Section 798.17(b) of the Mobilehome Residency Law, or otherwise legally exempt from local rent stabilization regulation.

"Base Rent"

means the Rent in effect for that Space on July 1, 2018, as adjusted in accordance with this Chapter.

"Base Year"

means the 2018 calendar year or, if a Fair Return Application subsequently establishes a new Base Rent pursuant to this Chapter, the calendar year preceding the year the application is made for the new Base Rent that is established.

"Capital Improvement"

means the installation of new improvements and facilities not including ordinary maintenance or repairs or Capital Replacement Costs. Capital Improvements are required to be amortized over the useful life of the improvements pursuant to the provisions of this Chapter and the United States Internal Revenue Code.

"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 Capital Improvements. Capital Improvement Costs do not include ordinary maintenance or repairs or Capital Replacement Costs.

"Capital Replacement"

means an improvement required to maintain the common facilities and areas of the park in a decent, safe and sanitary condition or to maintain the existing level of park amenities and services. A Capital Replacement is an expenditure as defined by the United States Internal Revenue Code that replaces, upgrades or repairs an existing improvement, such as, but not limited to, an on-site water or electrical distribution or sewage collection system, a street, a parking area, or common facility, such as a laundry, community kitchen or meeting room. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a Capital Replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a Capital Replacement.

"Capital Replacement Costs"

means all costs reasonably and necessarily related to the planning, engineering and construction of Capital Replacement and shall include debt service costs, if any, incurred as a direct result of the Capital Replacement. Capital Replacement does not include Capital Improvement Costs.

"Consumer Price Index or CPI"

means the annual percentage change in the prices paid by urban consumers for a representative basket of goods and services. For purposes of this Chapter, the consumer price index is defined as follows: All Urban Consumers, San Francisco-Oakland-Hayward, CA Area, All Items, 1982-1984=100, as published by the United States Bureau of Labor Statistics of the United States Department of Labor.

"Fair Return Application"

means an application made to the City that seeks to increase Space Rents beyond the lesser of the CPI or 4% during the most recent 12-month period ending December of the prior year in order to provide a fair return to the Park Owner.

"Hearing Officer"

The City Manager or their designee who conducts a hearing or hearings pursuant to this Chapter. The minimum qualifications of the Hearing Officer shall be as established by the rent review procedures. A person shall not be appointed as a Hearing Officer if the City Manager or designee determines that the person has an actual or potential conflict of interest in the matter or if such appointment would have the appearance of a conflict of interest in the matter. For example, a person who is a mobilehome owner, a park owner or an immediate family member of a mobilehome owner or park owner shall be ineligible to serve as a Hearing Officer.

"Interest Allowance on Amortized Expenses"

means the interest rate on the cost of the amortized expense equal to the "average rate" for 30-year fixed rate home mortgages plus 2%. The "average rate" shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey ("PMMS") as of the date of the initial submission of the application. In the event that this rate is no longer published, the index which is most comparable to the PMMS index shall be used.

"Legal Expenses"

means reasonable attorney's fees, expert witness' fees, and legal costs.

"Mobilehome Residency Law"

means the California Mobilehome Residency Law codified in California Civil Code Section 798 et seq., as now enacted and hereafter amended.

"Mobilehome"

has the meaning set forth in Section 798.3 of the Mobilehome Residency Law as of the date of enactment of this Chapter as follows:

(1)

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health And Safety Code, but, except as provided in subsection (n)(2) of this definition, does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.

"Mobilehome"

for purposes of this Chapter and pursuant to California Civil Code Section 798.3(b) "includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation, if the occupancy criteria of either subsection (n)(2)(i) or (n)(2)(ii) of this definition, as follows, are met:"

(1)

"The trailer or other recreation vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991." (Civil Code Section 798.3(b)(1))

(2)

"The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992." (Civil Code Section 798.3(b)(2))

"Mobilehome Owner"

means a person who is the owner of a Mobilehome and legally occupies the Mobilehome within a Mobilehome Park.

"Mobilehome Park" or "Park"

has the meaning set forth in Section 798.6 of the Mobilehome Residency Law, which is defined as of the date of enactment of this Chapter as any area of land within the City of San Leandro where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

"Mobilehome Space" or "Space"

is the site within a Mobilehome Park intended, designed or used for the location or accommodation of a Mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.

"Mobilehome Park Owner" or "Park Owner"

means the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park.

"Party"

means any Affected Mobilehome Owner and/or Park Owner involved in proceedings under this Chapter.

"Prospective Mobilehome Owner"

means a person who is in the process of negotiating a Space tenancy in a Mobilehome Park.

"Rent"

means any consideration, including any bonus, benefit or gratuity demanded or received by a Park Owner for, or in connection with, the use or occupancy of a Mobilehome Space, or in connection with the assignment of a lease, or in connection with subleasing of a Space. Rent shall not include:

(1)

Utility charges for sub-metered gas and electricity.

(2)

Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to Mobilehome Owners solely on a cost pass-through basis and/or are regulated by State or local law.

(3)

Any amount paid for the use and occupancy of a Mobilehome unit (as opposed to amounts paid for the use and occupancy of a Mobilehome Space).

(4)

Charges for laundry services.

(5)

Storage charges.

"Rent Increase"

means any increase in Base Rent charged by a Mobilehome Park Owner to a Mobilehome Owner or offered to a Prospective Mobilehome Owner.

"Rent Review Officer"

means the Community Development Director or designee who shall serve as the Rent Review Officer to administer and enforce the provisions of this Chapter. The Rent Review Officer shall have the power and duty to receive, investigate, and make findings and decisions regarding petitions for rent adjustment.

"Rent Stabilization Administration Fee"

means the fee established by this Chapter and amended from time to time by resolution of the City Council in accordance with the provisions of this Chapter.

"Service Reduction"

means a decrease or diminution in the basic service level provided by the Park Owner occurring at any time since January 1, 2019, including, but not limited to, services the Park Owner is required to provide pursuant to:

(1)

California Civil Code Sections 1941.1 and 1941.2;

(2)

The Mobilehome Residency Law, California Civil Code Section 798 et seq.;

(3)

The Mobilehome Parks Act, California Health and Safety Code Section 18200 et seq.; or

(4)

An express or implied agreement between the Park Owner and the Space tenant.

"Special Circumstances Household"

means a Mobilehome Owner or anyone else leasing a Space who has the following characteristics at the time of notice or implementation of a Mobilehome Park Owner action prescribed by this Chapter:

(1)

Has total household income at or below 50% of the Alameda County area median household income as established annually by the U.S. Department of Housing and Urban Development, or closest equivalent if the HUD income limits no longer exist; and

(2)

Is 62 years of age or older; or

(3)

Has total household income at or below 50% of the Alameda County area median household income as established annually by the U.S. Department of Housing and Urban Development, or closest equivalent if the HUD income limits no longer exist; and

(4)

Qualifies as disabled as defined by Title 42, United States Code Section 423; or

(5)

Is handicapped as defined by California Health and Safety Code Section 50072.