Windsor Municipal Code Art. 3 Administration

The costs of administration of this chapter shall be borne by the Town of Windsor, subject to reimbursement of the Town General Fund by imposition of a rent stabilization administration fee chargeable against each mobile home space in the Town. The park owner who pays these fees may pass through fifty (50%) percent of the fees assessed against a mobile home space to the tenant pursuant to the provisions of Section 8-1-205b. herein. This fee pass-through must take place no later than twelve (12) months after the park owner is billed for the program administration fees. Failure to timely pass-through fifty (50%) percent of the fees assessed against a mobile home space will result in the loss of the park owner's right to do so. The remaining fifty (50%) percent of the fees assessed against a mobile home space shall not be passed on in any way to tenants. Fees passed through to tenants as herein authorized shall not be considered a part of the rent base upon which future rent increases can be made.

The fees imposed by this section shall be paid annually. The time and manner of payment, delinquency status, and assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided by separate resolution of the Town Council. The Clerk shall recommend to the Town from time to time the amount of such fee and the Town Council shall adopt such fee by ordinance or resolution.

(Ord. No. 92-25 § 16; Ord. No. 95-70 § 7)

Any park owner who believes that he/she may be entitled to a space fee exemption pursuant to Civil Code Section 798.17(b), having provided the park tenant with a legally recognized long-term lease which is not subject to rent stabilization administration fees, shall provide the Clerk with the following documentation:

a. The executed lease for each exempt space claimed;

b. Amendments to the exempt lease, if any;

c. For a newly constructed space, proof that the space was constructed after January 1, 1990 (building permits, etc.)

(Ord. No. 92-25 § 17)

Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this chapter is waived or modified, is against public policy and void except with respect to any rental agreement complying with all of the terms and conditions set forth in Section 798.17 of the California Civil Code (as amended 1986).

(Ord. No. 92-25 § 18)

In addition to those penalties and remedies set forth elsewhere in this chapter, the following remedies shall apply:

Any owner who demands, accepts, receives or retains any money as rent from a tenant to which the owner is not entitled under the provisions of this chapter shall be liable to the tenant for any actual damages, attorney's fees and costs incurred by the tenant as a consequence thereof plus a penalty in the sum of three (3) times the amount of money the owner accepted, received or retained in violation of the provisions of this chapter or five hundred ($500.00) dollars, whichever is greater.

(Ord. No. 92-25 § 19)

This chapter shall not be construed to limit or curtail any other action or proceeding which may be pursued by an affected tenant against an owner before any Court or other body having jurisdiction thereof.

(Ord. No. 92-25 § 20)

The Town Council shall review the effectiveness of this chapter in addressing the problems giving rise to its enactment at least one (1) year from its enactment. Notice of the time and place of the Town Council's review shall be published at least ten (10) days prior to the date in a newspaper of general circulation in the Town.

(Ord. No. 92-25 § 22)

This chapter shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable and are intended to have independent validity.

(Ord. No. 92-25 § 23)

a. A mobile home park owner shall be permitted to charge a new base rent for a mobile home space whenever a lawful space vacancy occurs. For purposes of this chapter, a lawful space vacancy is defined as follows:

1. A vacancy occurring because of the termination of the tenancy of the affected mobile home tenant in accordance with the Mobile Home Residency Law, California Civil Code Sections 798.55 through 798.60, as amended; or

2. A vacancy of the mobile home space arising from the voluntary removal of a mobile home from the mobile home space by the affected mobile home tenant. A removal of the mobile home from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobile home shall not constitute a voluntary removal of the mobile home.

b. When a new base rent is established following the vacancy of a mobile home space pursuant to this section, the park owner shall give written notice to the new affected tenant of the twelve (12) month anniversary date for rent increases allowed under Section 8-1-205 and shall give written notice to such affected tenant that the space rent may be subject to stabilized rent increases pursuant to the provisions of this chapter.

c. A mobile home park owner shall be permitted to increase the base rent for a mobile home space by up to fifteen (15%) percent when an in-place transfer of a mobile home occurs, other than a lawful space vacancy.

1. For purposes of this chapter, an in-place transfer is defined as the sale, transfer, or other conveyance of a mobile home with the mobile home remaining on the mobile home space following the sale, transfer, or conveyance. A transfer of title whereby the mobile home owner adds or removes one (1) or more co-owners and continues to reside in the mobile home as their primary residence shall not constitute an in-place transfer. No increase in the base rent may be imposed pursuant to this section where title to the mobile home passes to one (1) or more person(s) who, at the time of the title transfer: (i) was/were also lawful, authorized resident(s) of the mobile home; or (ii) was/were lawful, authorized resident(s) of a mobile home located on a different mobile home space in the same mobile home park.

2. A park owner may not condition an in-place transfer of a mobile home, or condition the assignment of an existing lease to a prospective mobile home owner that is subject to this article, upon agreement to an increased rent.

d. In the absence of a lawful vacancy or an in-place transfer, a park owner is prohibited from raising rent upon a sale of a mobile home on-site to a tenant-to-be or current tenant.

(Ord. No. 92-25 § 24; Ord. No. 96-74 § 2; Ord. No. 2022-370, § 4, 12-21-2022; Ord. No. 2023-373, § 2, 3-1-2023)

Any recreational vehicle space that is occupied by a recreational vehicle as defined in Civil Code Section 799.24 for a period in excess of nine (9) months on or after October 1, 1991, shall be regarded to be a "mobile home space" for purposes of this chapter, and a tenant upon such a space shall be entitled to all the rights, protections and obligations of this chapter. Such a space tenant shall be counted as an "affected tenant" upon the effective date of this chapter, and the space shall be subject to the fees authorized by the Town Council for mobile home spaces. The space tenant and the recreational vehicle park owner shall apportion the fee in the manner authorized for mobile home spaces subject to this chapter generally.

(Ord. No. 92-25 § 25)

Should any provision of this section be suspended or otherwise held invalid in any judicial, or other, proceeding, then, in such event, the provisions of this section shall not be operative and the Council hereby ordains that the provision of mobile home rent stabilization, as it existed prior to the enactment of this chapter shall remain in full force and effect.

(Ord. No. 92-25 § 26)