Does Santa Barbara County limit rent increases for mobilehome park spaces?

Santa Barbara County's code: During a sublease or assignment, management may raise the maximum rent schedule up to 10% more, outside the once-a-year limit. (Sublease or assignment of a mobilehome.) (§ 11A-10); Tenancies used primarily for commercial purposes are exempt. (Mobilehome parks in the unincorporated area of Santa Barbara County.) (§ 11A-3).

Mobilehome park rent in Santa Barbara County

Santa Barbara County code What Santa Barbara County's code adds
When a home is sold or vacated	During a sublease or assignment, management may raise the maximum rent schedule up to 10% more, outside the once-a-year limit. Applies: Sublease or assignment of a mobilehome. § 11A-10 · code text Management may make reasonable rules regarding subleases and assignments and may increase the maximum rent schedule during the duration of the sublease or assignment by an amount not to exceed ten percent. After a sublease or assignment ends and the owner tenant resumes occupancy, the maximum rent schedule returns to prior level. Applies: Termination of a sublease or assignment followed by resumption of occupancy by the owner tenant. § 11A-10 · code text After the termination of the sublease or assignment, the maximum rent increase schedule shall be reduced to the level it would have been but for the sublease or assignment, provided that the owner tenant resumes occupancy. After a lease ends, rent follows maximum rent schedule for the same or, if none, similar tenancies in the park. Applies: Expiration or termination of a lease. § 11A-7 · code text Prior to the lease and following the expiration or termination of the lease or any continuance thereof, the rent shall be in accordance with the maximum rent schedule for the same, or if there is none, similar tenancies of the same park. A change of ownership excluded from reassessment under state tax code is not a sale; no sale increase applies. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-14 · code text A change of ownership which, if a mobilehome were real property, would be excluded from reassessment under California Revenue and Taxation Code Sections 62 and 63 as the same exist on the date of enactment of the ordinance codified in this section or as later amended is not a sale pursuant to this section. The maximum rent schedule, less capital improvement and capital expense amounts, may be increased up to 10% upon sale. Applies: Covered unincorporated county tenancies; first sale after enactment, or one at least 60 months after the previous sale; reassessment-excluded transfers are not sales. § 11A-14 · code text Management may increase the maximum rent schedule, less amounts for capital improvements and capital expenses, if any, by an amount not to exceed ten percent upon the sale of a mobilehome in accordance with the provisions of this section and subject to the following:
Spaces covered	Tenancies used primarily for commercial purposes are exempt. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies used primarily for commercial purposes. Tenancies in parks whose construction began after the chapter took effect are exempt for only 5 years after construction began. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies in mobilehome parks, the construction of which began after the effective date of this chapter; provided, however, that such exemption shall continue in effect for only five years after such construction began. Tenancies owned, managed or operated by a government agency are exempt. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies which a government agency owns, manages, or operates. Tenancies without a rental agreement that management and tenant do not expect to exceed 3 months are exempt. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies as to which there is no rental agreement and which both the management and the tenant do not expect to exceed three months. Government-subsidized tenancies are exempt if federal or state law or regulations specifically exempt them from rent regulation. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies the rental of which are subsidized by any governmental agency, if federal or state law or regulations pertaining thereto specifically exempt such spaces from rent regulation. Tenancies in mobilehome parks of 4 spaces or fewer are exempt where one space is occupied by the owner. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies in mobilehome parks of four spaces, or fewer, where one space is occupied by the owner. Tenancies governed by a lease between management and the homeowner are exempt. Applies: Mobilehome parks in the unincorporated area of Santa Barbara County. § 11A-3 · code text Tenancies governed by a lease between management and homeowner.
How often rent can go up	The arbitrator must deny an increase that would take effect less than 12 months after the previous increase. Applies: Homeowners prove it at a hearing on a contested increase. § 11A-5 · code text Management has previously increased the maximum rent schedule such that the effective date of the proposed increase will be less than twelve months after the effective date of the previous increase; The sale increase is not subject to the once-a-year limit. Applies: Increase upon sale of a mobilehome; first sale after the ordinance took effect, then at least 60 months between sales. § 11A-14 · code text This increase is in addition to other increases under this section and is not subject to the once-a-year limitation of section 11A-8(a). No more than once a year. Applies: Tenancies not subject to a lease. § 11A-8 · code text Management may increase the maximum rent increase schedule no more than once a year for tenancies not subject to a lease.
Petitions and pass-throughs	Arbitration fixes maximum rent increase schedules after a petition by a homeowner majority. Applies: Homeowner majority means 50% plus 1 vote or more of the votes homeowners may cast, one per rented, occupied site not under a lease. § 11A-4 · code text Arbitration shall be used to fix maximum rent increase schedules for mobilehome tenancies under this chapter, following a petition by a homeowner majority. The arbitrator may add an amount for increased capital improvement costs, as justified by the evidence. Applies: Contested increase heard by an arbitrator; the total may not exceed the amount in management's notice. § 11A-5 · code text Finally, add an amount to cover increased costs for capital improvements, if any. The arbitrator shall have discretion to add such amount as is justified by the evidence and otherwise permitted by this chapter. Homeowners may petition for a hearing within 45 days of notice, only if the increase is over 75% of CPI. Applies: The petition needs a homeowner majority; homeowners' representatives must attend the meet and confer session. § 11A-5 · code text Homeowners may, no later than forty-five days after the date of notice, file a petition for hearing to contest the proposed increase but only if the increase is in excess of seventy-five percent of CPI.
Annual increase limit	75% of the CPI increase is automatically allowed. Applies: Homeowners contest a noticed increase above 75% of CPI; arbitrator decides, may allow more for justified costs up to the noticed amount. § 11A-5 · code text The arbitrator shall automatically allow a rent increase of seventy-five percent of the CPI increase (hereinafter "automatic increase").

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