San Rafael Municipal Code Ch. 20.16 Remedies—violations—penalties

During the term of operation of this title, no operator shall reduce or eliminate any service to any rental lot unless a proportionate share of the cost savings, due to such reduction or elimination, is simultaneously passed on to the homeowner in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed and permitted by this chapter.

(Ord. 1654 (20.10.190), 1993).

In the event an owner invokes the rental dispute process by reason of the freeze provisions contained in Section 20.08.010(E) the owner shall include in the petition 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 space subject to a freeze by reason of an in-place transfer or expiration of a rental agreement in excess of twelve (12) months:

a. The number of the lot or space on which the mobilehome is located together with an executed copy of the most recent rental agreement for said space,

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,

f. The rent charged following the transfer,

g. The rent proposed as a fair and reasonable return,

h. All previous transfers of the mobilehome located in the affected mobilehome space since October 16, 1989, together with the information requested in subdivisions (a) through (g) for each such transfer;

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

5. The park owner shall mail a copy of the petition to all mobilehome owners whose rents are the 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;

6. The park owner shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the rent freeze, the park owner is unable to obtain a fair and reasonable return;

7. The fair and reasonable return hearing shall be in accordance with the arbitration proceedings of Chapter 20.12.

(Ord. 1654 (20.10.205), 1993).

A. No operator shall in any way retaliate against any homeowner for the homeowner's assertion or exercise of any right under this title. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs. Such retaliation shall also be an available defense in an unlawful detainer action.

No owner shall in any way retaliate against any operator for the operator's assertion or exercise of any right under this title. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs. Such retaliation shall also be an available defense in an unlawful detainer action.

B. No homeowner shall in any way retaliate against any operator for the operator's assertion or exercise of any right under this title. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs.

No homeowner shall in any way retaliate against any owner for the owner's assertion or exercise of any right under this title. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs.

(Ord. 1654 (20.10.210), 1993).

If any owner or operator demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful lot rent, as determined under this title, the homeowners of such park affected by such violation, individually or by class action, may seek relief in a court of appropriate jurisdiction for injunctive relief and/or damages. In any such court proceeding, the prevailing party shall be awarded his reasonable attorney's fees and the court, in its discretion and in addition to any other relief granted or damages awarded, shall be empowered to award to each affected homeowner civil damages in the sum of not more than three (3) times the total monthly lot rent demanded by the operator from each such homeowner.

If any owner demands, accepts, receives or retains any payment of rent in excess of the maximum lawful lot rent, as determined under this title, the operators of such park affected by such violation, individually or by class action, may seek relief in a court of appropriate jurisdiction for injunctive relief and/or damages. In any such court proceeding, the prevailing party shall be awarded his reasonable attorney's fees and the court, in its discretion and in addition to any other relief granted or damages awarded, shall be empowered to award to each affected operator civil damages in the sum of not more than three (3) times the total monthly lot rent demanded by the owner from each such operator.

(Ord. 1654 (20.10.220), 1993).

Any person, firm, or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this title is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment.

(Ord. 1654 (20.10.230), 1993).