West Covina Municipal Code § 15-186 Permissible reasons for terminating or refusing to renew a tenancy

Footnotes:

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Editor's note— Ord. No. 2049, § 3, adopted March 7, 2000 called for the repeal of former article VIII entitled "Motion Picture and Television Production" and comprised of §§ 15-160—15-170. Former article VIII derived from Ord. No. 1582, § 1, adopted March 14, 1983. Rather than reserving former article VIII, the city has chosen to remove it entirely from this chapter and renumber former articles IX—XII as VIII—XI.

Cross reference— Motion picture filming, ch. 23, art. VI, div. 6.

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

(a) Capital improvement shall mean any addition or betterment made to a mobile home park which consists of more than mere repairs or replacements of existing facilities or improvements and which has a useful life of five (5) or more years.

(b) Commission shall mean the Human Resources Commission of the City of West Covina.

(c) Department shall mean the Human Resources Department of the City of West Covina.

(d) Mobile home shall mean any structure defined as a mobile home in section 798.3 of the Civil Code.

(e) Mobile home park shall mean any area of land within the City of West Covina where two (2) or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation as of December 1, 1983.

(f) Mobile home space shall mean the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith and that was in existence on December 1, 1983.

(g) Owner shall mean the owner or operator of a mobile home park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the operation of such park.

(h) Rehabilitation work shall mean work completed on or in a mobile home park which was performed in order to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty.

(i) Rent shall mean the consideration paid for the use or occupancy of a mobile home space.

(j) Tenancy shall mean the right defined as tenancy in section 798.12 of the Civil Code.

(k) Tenant shall mean any person defined as a homeowner in section 798.9 of the Civil Code.

(l) Consumer price index shall mean the consumer price index for rent residential in the Los Angeles/Long Beach area, averaged for the year ending September 1 of each year.

(Ord. No. 1648, § 2, 9-10-84)

The commission shall serve as the mobile home park rental review board and as such shall have the following duties and responsibilities:

(a) The commission shall hear and investigate all supplemental rent increase applications and determine whether to approve or disapprove the supplemental increase in the manner provided by section 15-184.

(b) The commission shall report at least annually to the city council concerning its activities and actions or any other matters pertinent to mobile home park rental review.

(Ord. No. 1648, § 2, 9-10-84)

Except as provided in sections 15-183 and 15-184, an owner shall not demand, accept or retain rent for a mobile home space in existence on December 1, 1983, that exceeds the base rent established hereinafter:

(a) The base rent for a mobile home space that was rented on December 1, 1983, shall be the rent charged by the owner for that space on said date.

(b) If a mobile home space was in existence but was not rented on December 1, 1983, the base rent shall be the rent charged by the owner for the first month that space is rented after said date.

(c) Whenever a mobile home space is rerented after the base rent is established pursuant to subsection (a) or (b), a new base rent shall be established. Said base rent shall be the rent charged by the owner for the first month that space is rerented. For the purpose of this subsection, rerented shall mean that there has been a change of tenancy of the mobile home space and the mobile home space is used or occupied by a new or different mobile home.

(Ord. No. 1648, § 2, 9-10-84)

The base rent as established in section 15-182 may be increased by the owner once each year based upon the prior year's increase in the consumer price index as defined in section 15-180, except that such an increase shall not be less than five (5) percent or more than nine (9) percent annually. Owners may provide for an increase lower than five (5) percent at their sole option. Increases shall be effective as of January 1, 1984 and annually thereafter, except that overcharges, if any, from January 1, 1984, to the effective date of this article shall be either refunded or credited against rent remaining due for the 1984 year and no penalties for this overcharge shall be imposed if so refunded or credited. No owner shall increase rents above that allowed under this section prior to receiving approval of such a supplemental rent increase from the commission pursuant to the conditions outlined in section 15-184.

(Ord. No. 1648, § 2, 9-10-84)

(a) An owner may file with the department a supplemental rent increase application for one or more mobile home spaces for approval by the commission.

(b) An application for a rent increase pursuant to this section shall be filed upon a form prescribed by the department and shall be accompanied by the payment of a fee as established by resolution of the city council. Said application shall specify the address of the mobile home park, the space number or numbers for which rent is requested to be increased, the amount of the requested rent increase, and the facts supporting the requested increase. The applicant shall produce at the request of the department, any records, receipts, reports, or other documents that the department may deem necessary for the commission to make a determination whether to approve a supplemental rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the department.

(c) Upon receipt of a complete supplemental rent increase application, the department shall mail a notice to the affected tenants at the mobile home spaces designated in the application, informing them of:

(1) The receipt of such application;

(2) The amount of the requested rent increase;

(3) A brief summary of the owner's justification for the request, and that any supporting documents may be inspected at city hall;

(4) The tenants' right to submit written statements, photographs, or other documents relating to the application within thirty (30) days after the date the notice is mailed, and the address where such statements or documents may be mailed or delivered.

(d) The department shall determine within thirty (30) days after receipt of a supplemental rent increase application whether said application is complete. If the department determines that an application is not complete, it shall notify the applicant in writing as to what additional information is required.

(e) The commission shall hold a public hearing on the supplemental rent increase application within forty-five (45) days after said application is determined to be complete, except as provided in subsection (k). Notice of the time, date, and place of the hearing shall be mailed to the applicant and the affected tenants at the mobile home spaces designated in the application at least ten (10) days prior to the hearing.

(f) At the hearing, the applicant and the affected tenants may offer any testimony that is relevant to the requested rent increase. The applicant and affected tenants may offer documents, written declarations, or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed with the department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (k), within fifteen (15) days after the close of the hearing, the commission shall make its determination, pursuant to the standards established by subsection (g) of this section, approving or disapproving a supplemental rent increase for the mobile home space or spaces specified in the supplemental rent increase application.

(g) The commission shall approve such supplemental rent increase as it determines to be just, fair, and reasonable. The commission shall consider the following factors, in addition to any other factors it considers relevant, in making such determination:

(1) The rent lawfully charged for comparable mobile home spaces in the City of West Covina.

(2) The length of time since either the last hearing and final determination by the commission on a supplemental rent increase application or the last rent increase if no previous supplemental rent increase has been made.

(3) The completion of any capital improvements or rehabilitation work related to the mobile home space or spaces specified in the supplemental rent increase application, and the cost thereof, including without limitation such items of cost, as materials, labor, construction interest, permit fees, and other items as the commission deems appropriate.

(4) Changes in property taxes or other taxes related to the subject mobile home park.

(5) Changes in the rent paid by the applicant for the lease of the land on which the subject mobile home park is located.

(6) Changes in the utility charges for the subject mobile home park paid by the applicant and the extent, if any, of reimbursement from the affected tenants.

(7) Changes in reasonable operating and maintenance expenses.

(8) The need for repairs caused by circumstances other than ordinary wear and tear.

(9) The amount and quality of services provided by the applicant to the affected tenants.

(10) Any existing written lease lawfully entered into between the applicant and the affected tenants.

(h) The commission may provide that a supplemental increase in rent or a portion of an increase in rent granted by the commission be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement or rehabilitation work, including interest. Such increase granted as a result of the capital improvement or rehabilitation work shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement or work.

(i) Notice of the commission's determination shall be mailed to the applicant and all affected tenants at the mobile home spaces designated in the application. The determination of the commission shall be final unless appealed to the city council as specified in subsection (1).

(j) In the event that the commission is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by subsections (e) through (f) of this section, and after the thirty (30) days for the tenant to file statements or documents in opposition to the application under subsection (c) shall have expired, the commission may approve such interim supplemental rent increase for the mobile home space or spaces specified in said application which clearly appears to be warranted when the factors set forth in subsection (g) of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the department by the affected tenants, and any other facts known to the commission. An approved interim supplemental rent increase shall expire on either (1) the last day of the month within which the commission makes its final determination disapproving a rent increase, or (2) the effective date of a rent increase which is approved by a final determination of the commission.

(k) The time within which the commission may conduct a hearing as provided in subsection (e) or make its determination as provided in subsection (f) may be extended twice by the commission for periods of time not to exceed sixty (60) days each if the commission approves an interim rent increase pursuant to subsection (j).

(l) The applicant or any affected tenant who presented testimony in accordance with subsection (c) or (f), may appeal the determination of the commission to the city council by filing a written appeal with the city clerk within ten (10) days after notice of the determination is mailed pursuant to subsection (i).

The city council shall sustain, modify or reverse the determination of the commission based solely upon the record of the commission's determination, inclusive of staff reports, written evidence, and minutes, together with the applicant's written appeal, which shall be transmitted to the city council. The city council shall render its decision within forty-five (45) days after the appeal has been filed. The decision of the city council shall be final.

(Ord. No. 1648, § 2, 9-10-84)

A tenant whose tenancy is not regulated by the provisions of the Mobile Home Residency Law (Civil Code section 798 et seq.) shall not be charged a fee for anything other than rent or utilities with the exception of incidental reasonable charges for services actually rendered.

(Ord. No. 1648, § 2, 9-10-84)

(a) A tenancy which is not subject to the provisions of the Mobile Home Residency Law (Civil Code section 798 et seq.) shall not be terminated nor shall its renewal be refused, except for one or more of the following reasons:

(1) Failure of the tenant to comply with a local ordinance or State law or regulation relating to mobile homes within a reasonable time after the tenant receives a notice of noncompliance from the appropriate governmental agency.

(2) Conduct by the tenant, upon the mobile home park premises, which constitutes a substantial annoyance to other tenants.

(3) Failure of the tenant to comply with any reasonable rule or regulation of the mobile home park. No act of omission of the tenant shall constitute such a failure to comply unless and until the owner has given the tenant written notice of the alleged rule or regulation violation and the tenant has failed to adhere to the rule or regulation within seven (7) days of such notice.

(4) Nonpayment of rent, utility charges, or reasonable incidental service charges.

(5) Condemnation of the mobile home park.

(6) Change of use of the mobile home park, provided that the provisions of subsection (f) of section 798.56 of the California Civil Code are followed.

(b) Notice of termination or refusal to renew must be given in writing in the manner prescribed by section 1162 of the Code of Civil Procedure at least sixty (60) days prior to the termination date of the tenancy. Said notice shall state the date the tenancy terminates, the reason for termination or refusal to renew, and the specific facts upon which the owner is relying.

(Ord. No. 1648, § 2, 9-10-84)

A tenant may refuse to pay any rent in excess of the maximum rent permitted by this article. The fact that such unpaid rent is in excess of maximum rent shall be a defense in any action brought to recover possession of a mobile home space for nonpayment of rent or to collect the illegal rent.

(Ord. No. 1648, § 2, 9-10-84)

In any action brought to recover possession of any mobile home space, the court may consider as grounds for denial any violation of any provision of this article. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this article shall be grounds for denial. Any action brought within three (3) months of August 13, 1984, or within three (3) months of any appeal by an affected tenant of any supplementary rent increase application pursuant to section 15-184(1), shall be presumed to be retaliatory.

(Ord. No. 1648, § 2, 9-10-84)

(a) Any person who demands, accepts, or retains any payment of rent in violation of the provisions of this article shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which would be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.

(b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable in the manner provided by section 1-37 of the West Covina Municipal Code.

(Ord. No. 1648, §2, 9-10-84)

The city council may review the provisions of this article one (1) year after the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following:

(a) Whether mobile home space rent control continues to be necessary to protect the public health, safety, and welfare;

(b) Whether the implementation of the provisions of this article have been adequate; and

(c) Whether the provisions of this article should be amended to provide more effective regulation or to avoid unnecessary hardship.

(Ord. No. 1648, § 2, 9-10-84)