Windsor Municipal Code Art. 1 Findings and Purpose; Definitions

a. In 1985 the Sonoma County Town Council recognized that a serious problem of rapidly increasing mobile home park space rents existed in the unincorporated areas of Sonoma County. In 1986 the Board retained an experienced consultant, Connerly & Associates, Inc., to conduct a market survey of mobile home parks and mobile home park residents in the County.

b. In January, 1987, Connerly and Associates, Inc., submitted to the Board a written report detailing their findings, which were as follows:

1. The majority of mobile homes in the County are located in rented spaces in mobile home parks.

2. In the unincorporated area of the County, there are seventy-five (75) mobile home parks containing three thousand six hundred fifty-nine (3,659) spaces (in 1986).

3. Mobile homes in mobile home parks provide an important alternative form of housing for a substantial number of County residents.

4. The majority of mobile home park residents are age sixty-five (65) or older.

5. The median income of mobile home park residents in unincorporated County areas is fourteen thousand ($14,000.00) dollars per year, which is defined by the U.S. Department of Housing and Urban Development as "lower" income (in 1986).

6. In the unincorporated County areas, about forty-three (43%) percent of mobile home park residents are defined as "very low" income recipients according to the HUD definition of that term (in 1986).

7. Seventy (70%) percent of mobile home park resident households have at least one (1) retired member whose primary source of income is Social Security payments.

8. During the past three (3) years, median mobile home park space rents have increased by eighteen point one (18.1%) percent.

9. A majority of mobile home park residents in the County pay more than twenty-five (25%) percent of their income for housing.

10. A large majority of mobile home park residents own the mobile homes which they occupy and many of these residents have substantial loan payments to meet in addition to rent payments.

11. The median estimates sales value of a mobile home in a mobile home park exceeds thirty thousand ($30,000.00) dollars.

12. Many mobile home park residents were born in Sonoma County or have lived in the County for ten (10) years or more.

13. The vacancy rate among mobile home park spaces is zero point three (0.3%) percent (in 1986).

14. The cost of moving a mobile home is in the range of two thousand nine hundred ($2,900.00) dollars to four thousand ($4,000.00) dollars or more (in 1986).

c. The Town Council reviewed the above conclusions on March 16, 1987, and found them to be true and correct. In reviewing a new rent control survey prepared by Connerly and Associates in early 1992, the Town Council found a profound need for continued mobile home space, and, in special circumstances, recreational vehicle space rent control. The Town Council found the 1992 survey, its data and its conclusions to be true and correct, and took particular note of the following:

1. Mobile homes and manufactured housing have represented an affordable form of shelter to millions of Californians with modest incomes. This has been especially true for elderly persons living on fixed Social Security or retirement incomes.

2. A vacancy rate of one point two (1.2%) percent in 1991 and vacancy rates of typically one (1%) percent or less over the past five (5) years have given mobile home park owners a virtual oligopoly where market forces do not influence space rental pricing.

3. Typical moving costs for mobile homes from one mobile home park to another (if vacant spaces could be located) range from approximately five thousand ($5,000.00) dollars to nine thousand four hundred ($9,400.00) dollars depending upon the size of the mobile home.

4. The average annual rent increase proposed by park owners between 1987 and 1991 was thirteen point two (13.2%) percent annum. Pursuant to the rent stabilization ordinance, an average less than half (½) the proposed percentage rent increase was authorized during those years.

5. Persons over sixty-five (65) comprised over half (½) of the mobile home park population.

6. Of those survey respondents reporting their level of income, forty-three (43%) percent were very low-income (fifty (50%) percent or less of the median county income), and twenty-seven (27%) percent were lower-income (fifty (50%) percent - eighty (80%) percent of the median County income).

7. Few residents reported substantial assets which they could draw upon to meet future housing expenses. Fewer than half (½) of the respondents had thirty thousand ($30,000.00) dollars or more in assets (excluding the value of their mobile homes).

8. Under the County's voluntary mediation program between 1985 and 1987, park owners proposed annual rent increases averaging nine point six (9.6%) percent, nearly four (4) times the rate of general price increases according to the CPI for Sonoma County. After mandatory arbitration was established, and the current rent control ordinance adopted, requested rent increases were generally twice or more of the approved rent increases. Approved rent increases, on the average, began to mirror the CPI.

9. The mobile home space rent stabilization program has succeeded in its broad objectives and should be expanded to address additional problem areas.

10. The Town Council found that it would be desirable to include long-term recreational vehicle space tenants in mobile home parks under the rent stabilization program. Such tenants in mobile home parks appear to be similarly situated to mobile home tenants except for the vehicular character of their dwellings. Although mobile, recreational vehicles in mobile home parks are "trapped" by the low vacancy rate within mobile home parks. Transient recreational vehicle parks are not amenable to the type of permanent residency needs of permanent recreational vehicle space tenants.

11. The Town Council found that it would be desirable to provide prospective mobile home park tenants with an option to choose between a long-term lease and a periodic tenancy of less than one (1) year in duration. The terms offered under typical long-term leases by some park owners are excessively long, oppressive, one-sided adhesion agreements. Such an option furthers a legitimate governmental objective and is not in conflict with or preempted by State law.

12. The Town Council found that, on average, several dozen mobile homes are sold or offered for sale each year in Sonoma County. The sale of these mobile homes on-site subjects mobile home coach owners to unreasonably suppressed resale rates due to oppressively high rental adjustments upon rent decontrol. The Town Council found that it would be desirable to provide vacancy control in its rent stabilization program as hereunder provided.

13. The need for effective and fair mobile home park space rent stabilization continues to exist in Sonoma County in 1992 as it did in 1986.

(Ord. No. 92-25 § 1)

a. Based on the aforementioned findings, the County of Sonoma enacted County Ordinance 4667. As County Ordinance 4667 forms the basis of this section, to the extent necessary and appropriate the Town Council hereby incorporates the consultant's study and the County's findings. In addition, the Town Council finds the following.

Statistically, the mobile home park vacancy rate averages under one (1%) percent with a shortage of parks, and no new ones being built. The cost of moving a mobile home today is exorbitant and averages over six thousand ($6,000.00) dollars. Over fifty (50%) percent of the residents are over sixty-five (65); Social Security is the primary source of income for over seventy (70%) percent and many residents are either single or widowed.

This is true affordable housing and needs to be preserved. There is a great need to prevent excessive space rent increases which could result in threats to health and safety and possible economic eviction.

b. The purpose of this section is to stabilize the rate of mobile home park space rental in order to:

1. Prevent exploitation of the shortage of vacant mobile home park spaces;

2. Prevent excessive and unreasonable mobile home park space rent increases;

3. Rectify the disparity of bargaining power which exists between mobile home park residents and mobile home park owners;

4. Provide mobile home park owners with a guaranteed rate of annual space rent increase which accurately reflects the rate of inflation and increases in their expenses;

5. Provide a process for ensuring mobile home park owners a fair, just and reasonable rate of return on their parks in cases where the guaranteed annual space rent increase provided by this section proves insufficient.

(Ord. No. 92-25 § 2)

As used in this section:

Affected tenants shall mean those tenants whose space is not covered by a valid lease meeting the requirements as outlined in Section 798.17(b) of the California Civil Code. Such tenants are to be notified that a space rent increase is to become effective.

Arbitrator shall mean a person (1) who is neither a tenant as that term is defined in this section nor who has an interest in a mobile home park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were an elected state official; and (2) a person whom the Clerk of the Windsor Mobile Home Space Rent Stabilization Program (see definition of "Clerk" below) determines meets one of the following criteria:

1. Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgement of the Clerk of the Windsor Mobile Home Space Rent Stabilization Program, provides that person with the knowledge and skills to conduct a space rent dispute arbitration in a professional and successful manner; or

2. Completion of at least three (3) arbitration proceedings for a Superior Court or other public entity that involved issues the Clerk of the Windsor Mobile Home Space Rent Stabilization Program finds similar to those raised in space rent dispute; or

3. Served as a California Superior or Municipal Court pro tempore judge.

Base rent shall mean the authorized rent, calculated pursuant to the provisions of Section 8-1-200, plus any rent increase allowed under this section or any rent adjustment attributable to vacancy decontrol as provided in Section 8-1-340.

Clerk shall mean the Clerk of the Windsor Mobile Home Space Rent Stabilization Program, who shall be the Town Manager or his or her designee.

Capital improvements means those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvements to the property. The term "capital improvements" does not include those costs associated with the normal maintenance and upkeep of facilities and premises which were reasonable intended to be part of consideration provided by the mobile home park as rent. Substantial rehabilitation of the park that is necessitated as a result of the park owner's neglect, permissive waste, deferred maintenance or acts of God shall not be regarded to be capital improvements to the extent that they restore facilities and premises to the conditions reasonably bargained for by the mobile home park tenants. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the tenants of the entire park, and costs must be allocated over all beneficiaries of the improvement.

Consumer price index shall mean the Consumer Price Index for all Urban Consumers, San Francisco-Oakland Area, published by the U.S. Department of Labor, Bureau of Labor Statistics.

Housing services shall mean a service provided by the owner related to the use of occupancy of a mobile home space, which is neither a capital improvement nor substantial rehabilitation as those terms are defined herein, including but not limited to, repairs. replacement, maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security service and employee services.

Mobile home shall mean a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobile Home" includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code, and a mobile home, as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a mobile home park for a period in excess of nine (9) months.

Mobile home park shall mean any area of land within the Town of Windsor where two (2) or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation.

Mobile home park owner shall mean any owner, lessor, or sublessor of a mobile home park in the incorporated areas of the Town who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof, and the representative, agent, or successor of such owner, lessor, or sublessor, and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits or deductions because of such ownership.

Mobile home space shall mean any site within a mobile home park located in the Town 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 except: (1) sites rented together and concurrently with a mobile home provided by the mobile home park owner, and (2) "new construction" as defined by Civil Code Section 798.45. The term "mobile home space" shall also include, for purposes of the rent stabilization ordinance codified in this chapter and accompanying fee ordinance, rentable spaces within mobile home parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more.

Mobile home space tenant means a tenant, subtenant, lessee, or sublessee or any other person entitled to the use or occupancy of any mobile home space not otherwise a party to a rental agreement exempt from regulation under this section pursuant to Civil Code Section 798.17.

Net operating income shall mean net operating income as defined in Section 8-1-240a.

Owner shall mean a mobile home park owner.

Party shall mean and refers to any affected mobile home tenant and/or owner involved in proceedings under this chapter.

Percent change in consumer price index shall mean the annual percent change in the Consumer Price Index (CPI), calculated to the nearest tenth, published for the month of July, issued in the month of August. In the event that an index is not published for the month of July, the closest preceding month for which an index is published shall be used. It is the intent of this section to fix the CPI in the beginning of the fiscal year (for the rest of that fiscal year) barring an unforeseen failure to publish a CPI for the month of July.

Rent shall mean mobile home space rent.

Rent increase means any additional space rent demanded of or paid by a tenant for a mobile home space including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent. Said increase shall be (i) uniform in percentage rate relative to current base rent for all spaces subject to the increase; or (ii) uniform in dollar amount relative to base rent for all spaces subject to the increase. Failure to reduce rent at the end of an amortization period for a capital improvement or for separately billed utilities will also be regarded to constitute an authorized rent increase for the purpose of this chapter.

Rent stabilization administration fee shall mean the fee established by resolution of the Town Council in accordance with the provisions of Section 8-1-300 herein.

Space rent shall mean the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobile home park owner for or in connection with the use or occupancy of a mobile home space or any housing services provided with the mobile home space. Space rent shall not include any amount paid for the use or occupancy or a mobile home dwelling unit, unless the amount paid for the use or occupancy of a mobile home is or includes consideration paid to a mobile home park owner under a rental agreement or other document evidencing tenancy of the mobile home. Space rent shall also not include the proportional amount of the Fire Protection Special Tax (originally imposed via Ordinance No. 3540 R of the County of Sonoma) attributable to a particular mobile home space.

Substantial rehabilitation shall mean that work done by an owner to a mobile home space or to the common areas of the mobile home park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred ($200.00) dollars and which is performed whether to secure compliance with any State or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

Tenant shall mean mobile home space tenant.

Tenant-to-be shall mean a person who is not currently a tenant in a mobile home park but is a prospective mobile home space tenant who desires the use of a mobile home space as defined in this chapter and has presented himself/herself to the park owner as such.

(Ord. No. 92-25 § 3; Ord. No. 95-70 § 1)