Windsor Municipal Code Art. 2 Rent; Dispute Process

Except as hereinafter provided, an owner shall not demand, accept, or retain rent for a mobile home space exceeding the rent in effect for the space on the effective date of this section. If a previously rented mobile home space was not rented on the effective date of this section, the owner shall not, except as hereinafter provided, demand, accept or retain rent for the space exceeding the rent in effect during the last month the space was rented prior to the effective date of this section.

(Ord. No. 92-25 § 4)

a. Except as provided in subsections b. and c. of this section, the space rent payable for use or occupancy of any mobile home space shall not be increased, in any twelve-month period, more than seventy-five (75%) percent of the percent change in the Consumer Price Index or four (4%) percent, whichever may be less. Any agreement purporting to allow a rent increase greater than what is allowed under this subsection shall be void and unenforceable as against public policy, except such lease agreements exempt from this chapter pursuant to Civil Code section 798.17.

* Editor's Note: This chapter was adopted by Ordinance No. 92-25 on October 28, 1992.

b. If a park owner wishes to apportion to each space on a pro rata basis the allowable percentage of any current rent stabilization administration fee, in addition to any increase of space rent in accordance with subsection a. of this section, the following provisions shall apply:

1. The owner shall provide to all affected tenants documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum such documentation shall include: billing notices or other equivalent documents from the Town imposing the rent stabilization administration fee; a copy of Section 8-1-300 which authorizes the apportionment of rent stabilization administration fees; the calculations used by the owner to apportion the cost of the allowable percentage among the affected tenants. In addition, the owner shall provide all affected tenants with the address and telephone number of the Clerk and the fact that the affected tenant is encouraged to contact the Clerk for an explanation of the provisions of this chapter.

2. A rent increase approved pursuant to the provisions of this section and in accordance with the procedure set forth in Section 8-1-215 of this chapter shall not be considered part of the rent base upon which future rent increases can be made.

c. In the event an owner wishes to increase the rent payable for any mobile home space within a twelve (12) month period more than the amount permitted in subsection a. of this section for any reason other than that stated in subsection b. of this section, the procedures set forth in Sections 8-1-210 and 8-1-215 shall be followed. In the event an owner wishes to increase the rent payable for any mobile home space within a twelve (12) month period more than three hundred (300%) percent of the percentage change in the CPI, a mandatory meet-and-confer and arbitration shall automatically be required to show good cause why such an increase is necessary. The arbitrator may reduce this proposed increase to a figure determined upon by the evidence submitted by the park owner or his or her representative to be a fair return on investment.

d. A notice of rent increase given by an owner pursuant to subsection a., b. or c. of this section shall be given in writing at least ninety (90) days before any rent increase is to take effect.

e. A notice of rent increase incorporating within it a proposed capital improvement which is not otherwise authorized as a pass-through pursuant to Civil Code Section 798.49 must be claimed within twelve (12) months of completion of the project, construction or final billing.

(Ord. No. 92-25 § 5; Ord. No. 95-70 § 2; Ord. No. 2001-147 § 2; Ord. No. 2022-370, § 3, 12-21-2022; Ord. No. 2023-373, § 2, 2-1-2023)

a. Within thirty (30) days after the operative date of this chapter and upon rerenting of each mobile home space thereafter, the owner shall supply each affected tenant or tenant-to-be with a current copy of this chapter.

b. Whenever the owner serves a notice of rent increase, except a notice of rent increase provided pursuant to Section 8-1-205b.1, the owner shall at the same time and in the same manner serve the affected tenant or tenant-to-be with a notice that sets forth all of the following information:

1. The amount of the rent increase both in dollars and as a percentage of existing rent and either:

(a) A statement that the owner considers the rent increase consistent with the limitations set forth in Section 8-1-205a., or

(b) Documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expense; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired;

2. The identity of all other affected tenants and the spaces which they rent and a roster of the tenants in the park occupying recreational vehicles in place for more than nine (9) months;

3. The address and telephone number of the Clerk, the fact that the tenant is encouraged to contact the Clerk for an explanation of the provisions of this chapter and the fact that documentation supporting the level of increase is on file with the Clerk;

4. A copy of the official petition form as prepared and presented by the Clerk which initiates the process established by this chapter;

5. In addition, park owner shall place on file with the Clerk two (2) copies of: documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at the office of the Clerk of the Windsor Mobile Home Space Rent Stabilization Program;

6. If applicable, notification that the proposed rent increase exceeds three hundred (300%) percent of the change in the Consumer Price Index, and that arbitration is deemed automatically required by the provisions of Section 8-1-2056 without any need to file an arbitration petition. Such notices shall bear the following language: "ARBITRATION OF THE PROPOSED INCREASE IS AUTOMATICALLY REQUIRED IN THIS MATTER BY OPERATION OF LAW." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.

c. The park owner shall also serve any tenant-to-be as defined in Section 8-1-110 with a separate "RENTAL OPTION" notice which sets forth the recitation in capital letters set forth in Section 8-1-220, Rights of a "Tenant-To-Be."

d. An owner failing to provide an affected tenant or tenant-to-be with the information, documents and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this section from that tenant nor to any rent increase that might otherwise be awarded by an arbitrator. Such failure by the owner shall be a defense in any action brought by the owner to recover possession of a mobile home space or to collect any rent increase from the tenant. An owner may cure the failure to serve any notice or meet the obligation to provide information to a tenant or tenant-to-be which is required under this section by giving such notice or information before initiating an action for possession of the space or collecting any rent increase or binding a tenant-to-be to a month-to-month rental/long term lease election otherwise authorized hereunder.

e. An affected tenant who is given notice of a rent increase is entitled to file a Petition for Space Rent Review as provided in Section 8-1-215 in spite of the fact that the owner has failed to provide the affected tenant(s) with all the information, documents and notices required by this section.

(Ord. No. 92-25 § 6; Ord. No. 95-70 § 3; Ord. No. 2001-147 § 3)

a. Mandatory Meet-and-Confer Meeting. Except when a parkowner elects rent increases permitted under Section 8-1-205(a), the tenants and parkowners must, within seven (7) working days of the notice of rent increase, meet and confer with each other's representatives at the Office of the Sonoma County Community Development Commission. Written notice of the time, place and date of the meeting should be arranged within forty-eight (48) working hours of the notice of the rent increase. If the parkowners or tenants fail to agree on the time, place and date of the hearing within that forty-eight (48) hour span and provide due notice to the Clerk, the meeting shall be set at the convenience of the Clerk. At the meeting, representatives of the parties should exchange documentary evidence that the parties in good faith then know will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of a parkowner, all financial data upon which any proposed increase is claimed shall be supplied to tenant representatives at the time of the meet-and-confer meeting.

1. Sanctions. A parkowner's failure to provide the minimum information required by this section set forth under subsection a.2. below or attend the hearing shall require the Clerk to suspend further proceedings under this section. The park owner's application for a rent increase under such circumstances shall be deemed defective, without force or effect, and deemed withdrawn. Renoticing of the increase shall be required to reinitiate an application for rent increase.

2. Minimum Meet-and-Confer Information. The park owner has a duty to provide adequate information to the tenants regarding the park's net operating income sufficient for a reasonably sophisticated inquiry into the financial status of the park owner's business. This will consist of true and accurate book entries or other competent evidence of gross income including, but not limited to, gross rents, interest upon security and cleaning deposits, income from ancillary services (submetering of utilities, laundry facilities, etc.) and true and accurate book entries or other competent evidence of operating expenses including, but not limited to, license fees, property taxes, utilities, insurance, management expenses, landlord performed labor, building and grounds maintenance, legal fees, auto and truck expenses, employee benefits, permits, refuse removal, ground lease payments, and similar expense.

b. Petition. If discussions between owner and tenants do not resolve the dispute between them, the tenants or their representative shall file with the Clerk, a Petition for Space Rent Review and a copy of the notice of rent increase, if available, within twenty-one (21) days after the date upon which the rent increase notice was received. The Clerk shall not accept a petition for filing unless it has been signed by at least fifty-one (51%) percent of all affected tenants. Upon the filing of a petition, the rent increase is not effective and may not be collected until and to the extent it is awarded by an arbitrator or until the petition is abandoned. As used herein, the term "abandoned" refers to the lack of prosecution of the arbitration by the mobile home tenants' representative(s). An automatic arbitration based upon a three hundred (300%) percent CPI increase will not require active tenant prosecution, although such prosecution will not be prohibited. The term "prosecution" refers to actively pursuing necessary steps towards preparing the tenants' case for the arbitration hearing.

c. Contents of Petition.

1. The Petition for Space Rent Review shall set forth the total number of affected rented spaces in the mobile home park, shall identify the space occupied by each tenant and shall state the date upon which the notice of the rent increase was received by the tenant(s).

2. After obtaining the required signatures, the tenant(s) shall deliver the petition or mail it by registered or certified mail to the Clerk at the following address: P.O. Box 100, Windsor, California, 95492 (or successor address). No petition shall be accepted unless it is accompanied by the requisite number of signatures and is received in the office of the Clerk within the twenty-one (21) day period set forth in subsection b. of this section. The Clerk shall provide a copy of the completed petition form to both parties and the arbitrator forthwith or within five (5) working days.

d. Information Questionnaire. After the Clerk has accepted a Petition for Space Rent Review, the Clerk shall remit to the owner and tenants an information questionnaire in such form as the Clerk may prescribe. The completed information questionnaire shall be returned to the Clerk at least five (5) working days prior to the date scheduled for hearing of the petition by the arbitrator. Copies of the completed information questionnaire shall be provided to the arbitrator and the opposing party.

e. Assignment of Arbitrator and Hearing Date. Upon receipt of the petition, or in the event of an automatic arbitration, or upon an affected tenant's claim of a vacancy control violation where an authorized rent increase has been sought, the Clerk shall, within five (5) working days, assign an arbitrator. The Clerk shall set a date for the arbitration hearing no sooner than five (5) nor later than ten (10) working days after the arbitrator is assigned. The owner and affected tenant(s) shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail.

f. Arbitration Hearing.

1. The owner and tenant(s) may appear at the hearing and offer oral and documentary evidence. Both the owner and tenant(s) may designate a representative or representatives to appear for them at the hearing. The arbitrator may grant or order one (1) continuance for not more than five (5) days from the date of the initial hearing. The burden of proving that the amount of rent increase is reasonable shall be on the owner by a preponderance of the evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of evidence and manner of producing evidence shall be those rules set forth in Section 11513 of the California Government Code for the conduct of hearings under the Administrative Procedure Act. These rules may be relaxed at the discretion of the arbitrator in the interests of justice.

2. The arbitrator shall, within fourteen (14) days of the hearing, submit by mail a written statement of decision and the reasons for the decision to the Clerk who shall forthwith distribute by mail copies of the decision to the owner and tenant(s). The arbitrator shall determine the amount of rent increase, if any, which is reasonable based upon all the provisions of this chapter.

3. The arbitrator shall not allow more than one (1) rent increase per park per twelve (12) month rent period.

4. The decision of the arbitrator, rendered in accordance with this section, shall be final and binding upon the owner and all affected tenants. The decision of the arbitrator will be subject to the provision of CCP Section 1094.5.

5. Any party may have electronic recording equipment or a court reporter present to record and prepare a transcript of the hearing before the arbitrator, however, such equipment or reporter shall be provided at that party's own expense.

6. The arbitrator is authorized to modify the basic time periods set forth herein at his or her discretion to promote the purposes of this program provided a final decision is rendered within ninety (90) days of the notice of rent increase.

7. Any procedural or jurisdictional dispute regarding the processes set forth herein may be decided by the arbitrator.

g. Tenant's Right to Contact Clerk. The tenant may contact the Clerk of the Windsor Mobile Home Space Rent Stabilization Program for an explanation of the provisions of this chapter.

(Ord. No. 92-25 § 7; Ord. No. 95-70 § 4; Ord. No. 2001-147 § 4)

Any person who is a "tenant-to-be" as defined in Section 8-1-110 shall be offered the option of renting a mobile home space in a manner which will permit the "tenant-to-be" to receive the benefits of the Mobile Home Space Rent Stabilization Program, which includes, but is not limited to, rental of a mobile home space on a month-to-month basis. Such a person cannot be denied the option of a tenancy twelve (12) months or less in duration. The park owner shall provide each "tenant-to-be" with a written notification of the option which shall make the following recitation: "UNDER WINDSOR ORDINANCE NO. 92-25, SECTION VIII, YOU ARE LEGALLY ENTITLED TO ELECT A MONTH-TO-MONTH TENANCY OVER ANY OTHER LONGER PERIODIC TENANCY. YOU ARE ADVISED THAT YOU MAY NOT BE ENTITLED TO RENT STABILIZATION (RENT CONTROL) PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE THAN TWELVE (12) MONTHS IN DURATION IF THAT LEASE MEETS THE REQUIREMENTS OF CIVIL CODE SECTION 798.17, WHICH HAS BEEN ATTACHED HERETO." Any effort to circumvent the requirements of this section shall be unlawful, as well as an unfair business practice subject to enforcement under Business and Professions Code Section 17200 et seq. The rights set forth above have no application to mobile home spaces subject to a more-than-twelve (12)-month lease. By definition, tenants-to-be are prospective "mobile home space tenants," and such tenants are defined by Section 8-1-110 as excluding a "party to a rental agreement exempt from regulation under this article pursuant to Civil Code Section 798.17.

(Ord. No. 92-25 § 8; Ord. No. 2001-147 § 5)

Subpoenas, including subpoenas duces tecum, requiring a person to attend a particular time and place to testify as a witness, may be issued in connection with any dispute pending before an arbitrator, and shall be issued at the request of the Clerk, an arbitrator, the tenant(s) or the owner. Subpoenas shall be issued and attested by the Clerk of the Town Council. A subpoena duces tecum shall be issued only upon the filing with the Clerk of the Town Council of an affidavit showing good cause for the production of the matters of things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceedings, and stating that the witness has the desired matters or things in his or her possession or under his or her control, and a copy of such affidavit shall be served with the subpoena. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this chapter may be served in person or by certified mail, return receipt requested, and must be served at least five (5) days before the hearing for which the attendance is sought. Service by certified mail shall be complete on the date of receipt. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this chapter shall be deemed issued by and in the name of the Windsor Town Council.

(Ord. No. 92-25 § 9)

As soon as possible after a petition has been filed with respect to mobile home spaces which are within a single park, the Clerk shall, to the extent possible, consistent with the time limitations provided herein, consolidate petitions involving ten (10) or fewer affected tenants.

(Ord. No. 92-25 § 10)

In evaluating the space increase proposed or imposed by the owner, the following factors may be considered:

a. Unavoidable increases in maintenance and operating expenses, including but not limited to the reasonable value of the owner's labor and any increased costs for services provided by a public agency, public utility, or quasi-public agency or utility; provided, however, that any increased costs in rent stabilization administration fees shall be subject to the provisions of Sections 8-1-205b. and 8-1-210;

b. The substantial rehabilitation or the addition of capital improvements, including the reasonable value of the owner's labor, as long as such rehabilitation or improvement has been completed and is:

1. Distinguished from ordinary repair or maintenance,

2. For the primary benefit, use and enjoyment of the tenants,

3. Permanently fixed in place or relatively immobile and dedicated to the use of the property,

4. Not coin-operated nor one for which a "use fee" or other charge is imposed on tenants for its use,

5. Cost-factored and amortized over the good faith estimate of the remaining useful life of the rehabilitation or improvement, and

6. Does not constitute maintenance of the infrastructure of gas or electrical lines within the mobile home park for which the public utility has permitted the park owner a special premium with the intent that it be used to replace or otherwise maintain the system within the mobile home park;

c. Increased costs of debt service due to a sale or involuntary refinancing of the park within twelve (12) months of the increase provided that:

1. The sale or refinancing is found to have been an arm's length transaction,

2. The proceeds of such refinancing are found to have been used for park improvements or similar park-related uses,

3. The aggregate amount from which total debt service costs arise constitutes no more than seventy (70%) percent of the value of the property as established by a lender's appraisal;

d. The rental history of the space or the park of which it is a part, including:

1. The presence or absence of past increases,

2. The frequency of past rent increases,

3. The occupancy rate of the park in comparison to comparable parks in the same general area;

e. The physical condition of the mobile home space or park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months;

f. Any increase or reduction of housing services since the last rent increase;

g. Existing space rents for comparable spaces in comparable parks;

h. A decrease in "net operating income" as defined in Section 8-1-240a;

i. A fair return on the property prorated among the spaces of the park;

j. Other financial information which the owner is willing to provide;

k. Any costs incurred as a result of a natural disaster and only to the extent such costs have not been reimbursed to the owner by insurance or other sources.

(Ord. No. 92-25 § 11)

In evaluating a space rent increase imposed by an owner to maintain the owner's net operating income from the park, the following definitions and provisions shall apply:

a. Net operating income of the mobile home park shall mean the gross income of the park less the operating expenses of the park.

b. Gross income shall mean the sum of the following:

1. Gross space rents, computed as gross space rental income at one hundred (100%) percent occupancy; plus

2. Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus

3. Revenue received by the park owner from the sale of gas and electricity to park residents where such utilities are billed individually to the park residents by the park owner. This revenue shall equal the total cost of the utilities to the residents minus the amount paid by the park owner for such utilities to the utility provider; minus

4. Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the park owner's control. Uncollected space rents in excess of three (3%) percent of gross space rent shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected space rents must be estimated, the average of the preceding three (3) years' experience shall be used.

c. Operating Expenses means:

1. Real property taxes and assessments;

2. Utility costs to the extent that they are included in space rent;

3. Management expenses including the compensation of administrative personnel, including the value of any mobile home space offered as part of compensation for such services, reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five (5%) percent of gross income, unless established otherwise;

4. Normal repair and maintenance expenses for the grounds and common facilities including but not limited to landscaping, cleaning, and repair of equipment and facilities;

5. Owner-performed labor in operating or maintaining the park. In addition to the management expenses listed above, where the owner performs managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five (5%) percent of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A park owner must devote substantially all of his or her time, that is, at least forty (40) hours per week, to performing such managerial or maintenance services in order to warrant the full five (5%) percent credit for his or her labor as an operating expense. No credit for such services shall be authorized unless a park owner documents the hours utilized in performing such services and the nature of the services provided;

6. Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth;

7. Insurance premiums prorated over the life of the policy;

8. Other taxes, fees, and permits, except as provided in Section 8-1-300 herein;

9. Expenditures for capital improvements to upgrade existing facilities or increase amenities or services shall be an allowable operating expense only if the park owner has:

(a) Established upon written verification, or by other competent evidence to the satisfaction of the arbitrator, that the cost of the capital improvements provided to the park residents, for their general use, is factually correct as claimed;

(b) Said capital improvements are wholly compensable to the park owner upon appropriate amortization or their cost, together with a reasonable return upon the capital improvement investment made by the park owner;

(c) Any capital improvement expenses shall be amortized over the reasonable life of the improvement of such other period as may be deemed reasonable by the arbitrator under the circumstances. In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster, or other event for which the park owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as operating expenses.

10. Involuntary refinancing of mortgage or debt principal. A park owner may, under the provisions of this subsection, be able to include certain debt service costs as an operating expense. Such costs are limited to increases in interest payments from those interest payments made during 1986 of the first year such payments were made if the owner acquired the park after 1986 which result from one of the following situations or the equivalent thereof:

(a) Refinancing of the outstanding principal owed for the acquisition of a park where such refinancing is mandated by the terms of a financing transaction entered into prior to January 1, 1987, for instance, termination of a loan with a balloon payment, or

(b) Increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the park and entered into prior to January 1, 1987;

In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances.

d. Operating expenses shall not include the following:

1. Debt service expenses, except as provided in subsection c.11. of this section;

2. Depreciation;

3. Any expense for which the park owner is reimbursed;

4. Attorneys' fees and costs, except printing costs and documentation as required by Section 8-1-300, incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this chapter.

e. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of providing the reasonableness of the expense. To the extent that an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard

(Ord. No. 92-25 § 12; Ord. No. 95-70 § 5; Ord. No. 2001-147 § 6)

a. If a final decision by an arbitrator finds that a proposed increase or any portion thereof that was previously inoperative is justified, the tenant shall pay the amount found justified to the owner within thirty (30) days after the decision is made.

b. If a final decision by an arbitrator finds that an increase or any portion thereof is not justified, the owner shall refund any amount found to be unjustified, but that had been paid, to the tenant within thirty (30) days after the decision is made. If such refund is not made within the said thirty (30) days, the tenant may withhold the amount from the next space rent(s) due until the full amount of the refund has been made. Notwithstanding the foregoing, in the event that the tenancy of tenant is terminated for any reason prior to full credit against rent, the balance of the credit due the tenant shall be paid by the owner within thirty (30) days from the date of the termination of the tenancy.

c. Any sum of money that under the provisions of this section is the obligation of the owner or tenant, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts.

(Ord. No. 92-25 § 13)

A tenant may refuse to pay any increase in rent which is in violation of this chapter, provided a petition has been filed and either no final decision has been reached by an arbitrator or the increase has been determined to violate the provisions of this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase.

(Ord. No. 92-25 § 14)

a. No owner may retaliate against a tenant or tenant-to-be for the tenant's or tenant-to-be's assertion or exercise of rights under this chapter in any manner, including but not limited to, threatening to bring or bringing an action to recover possession of a mobile home space; engaging in any form of harassment that causes a tenant to quit the premises; dissuades a tenant-to-be from freely exercising his or her legal options to choose a month-to-month rental; decreasing housing services; increasing the space rent; or imposing or increasing a security deposit or any other charge payable by a tenant. The tenants have a right to organize a tenants' association without hindrance from the park owner and to exercise these rights as provided under the provisions of this Code. This association may be referred to as "Park Tenants Association at ."

b. The distribution of a petition or other documents seeking to have mobile home tenants waive rights, abandon a filed petition or in any way affect the entitlement of the tenants to participate in the rent stabilization process authorized under the this Code shall be without force or legal effect within the Town's rent stabilization program. Such documents shall not affect the right of any tenant to participate in the rights, remedies, procedures, and processes set forth in this chapter. Efforts to utilize such documents to discourage participation in the Town's rent stabilization program may be deemed retaliatory.

(Ord. No. 92-25 § 15; Ord. No. 95-70 § 6)