HomeMy WebLinkAbout2013/02/05 Item 11~--~.. - CITY COUNCIL
AGENDA STATEMENT
~~ e,
~~~ CITY OF
CHULA VISTA
FEBRUARY 5, 20]3, Item ~~
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
9.50 [THE CITY'S MOBILEHOME SPACE -RENT REVIEW
ORDINANCE] TO: (1) UPDATE VARIOUS
ADMINISTRATIVE ITEMS; (2) AMEND SECTION 9.50.030
[ADMINISTRATIVE FEE]; (3) AMEND SECTION 9.50.077
[VACANCIES AND RENTS UPON CHANGE OF
MOBILEHOME OWNERSHIP]; AND, (4) AMEND SECTION
9.50.085 [COMPLIANCE WITH LAW AND CITY POSTING
AND DISCLOSURE REQUIREMENTS]
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING MOBILEHOME PARK SPACE
- RENT REVIEW ADMINISTRATIVE FE REGULATIONS
SUBMITTED BY: ASSISTANT CITY MANAGIIRECTOR OF
DEVELOPMENT SERVICES
REVIEWED BY: CITY MANAGER ~) /~ ~ S
4/STHS VOTE: YES. ^ NO
SUMMARY
This item provides clarifications to the mobilehome rent review process by updating
previously approved amendments to Chula Vista Municipal Code 9.50 (Chapter 9.50) -
Mobilehome Park Space -Rent Review and the previously adopted Administrative Fee
Regulations.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because the proposed activity consists of a governmental administrative action that will
not result in direct or indirect physical changes in the environment. Therefore, pursuant to
Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
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FEBRUARY 5, 2013, Item <<
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RECOMMENDATION
Council adopt the ordinance amendments and resolution.
BOARDS/COMMISSION RECOMMENDATION
On January 24, 2013 the Mobilehome Rent Review Commission (MHRRC)
recommended that the City Council adopt staffs recommendation (5-0) to amend
Chapter 9.50 with a referral to staff to define "prospective buyer" in Section 9.50.077 to
clarify noticing requirements on change of ownership.
DISCUSSION
In 1982, the City of Chula Vista adopted Mobilehome Park Space -Rent Review [Chula
Vista Municipal Code 9.50 (CVMC 9.50)] to ensure that mobilehome residents and
mobilehome park owners are afforded a fair and equitable process for proposed rent
increases by outlining a process for rent dispute resolution between the two parties. The
Ordinance applies to mobilehome park owners and current residents who meet specified
state criteria. Such criteria includes the requirement that the mobile home resident own
their mobile home, use it as their primary residence, and have entered into rental
agreements of 12 months or less.
Effective August 18, 2011 various amendments to Chapter 9.50 took effect to update the
rent review process upon change of ownership (Section 9.50.070) and establish an
administrative fee (Section 9.50.030) in order to maintain administration of the rent
review ordinance. Since that time, staff has determined that greater clarification was
needed and various administrative items updated as summarized below, and track
changed in Attachments 1 (Chula Vista Municipal Code Chapter 9.50) and 2 ("CVMC
9.50 Mobilehome Park Space -Rent Review Administrative Fee Regulations") to
provide efficiency to the administration of the ordinance and address outstanding issues
related to residents that have been unresponsive to the city's outreach.
Administrative Updates
Based on meetings with stakeholders various items have been updated to clarify
terminology and process throughout the ordinance. This item includes the MHRRC
referral to staff to define "prospective buyer". Staff has addressed this item by adding
language under Section 9.50.077(E) regazding the timing of noticing to a prospective
buyer.
Chance of Ownership Noticing Requirements & Administrative Fee
Amendments made in 2011 allowed temporary decontrol on change of ownership. It was
staff's intent to remove the city from administration on sale of units. Staff is proposing that
Section 9.50.077 be updated to delete any references to noticing requirements specifically
identifying the percent change in rent between outgoing and incoming tenants, as this was a
previous function of rent control.
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FEBRUARY 5, 2013, Item It
Page 3 of 5
"CVMC 9.50 Mobilehome Pazk Space -Rent Review Administrative Fee Regulations"
(adopted February 14, 2012), provided the implementing guidelines for Section 9.50.030
and required noticing for new residents.in the form of a "Request to Confirm Eligibility".
Staff believes that in order to streamline the administrative fee for incoming residents it is
necessary to require payment at the beginning of the fiscal yeaz for any new move-ins,
instead of requiring payment upon initial move-in. This requirement has proven to add
unnecessary administration and cost to the process and the likelihood of a proposed
increase within the first yeaz of residency is low due to temporazy decontrol on sale.
Both the Regulations and Section 9.50.030 have been updated to reflect this change.
In addition, the Disclosure to new residents required under Section 9.50.085 has been
updated to more specifically identify resident rights and requirements under the
ordinance and staff believes provides a better mechanism for notifying new residents of
the ordinance.
Unknown Space Eligibility
A significant number of residents have still not responded to outreach and billing efforts.
Staff has attempted to reach residents for neazly a year in the form of two postcazds (March
and Apri12012), billing and reminder notice by U.S. postal service (July and August 2012),
and direct posting on doors and mailboxes in late October 2012. While each of these
efforts has produced additional responses, in December 2012 the eligibility of
approximately 700 residents was still unknown and prompted a fmal extension of the fee
due date to March 28, 2013 to enable staff time to better understand the lack of response by
these residents and possible solutions to encourage greater response from residents on an
ongoing basis.
In January, staff solicited additional assistance from pazk owners above the requirements of
the Administrative Fee Regulations, to provide space eligibility to the city to allow staff to
correspond appropriately with the remainder of residents for this initial year. A large
number of park owners also suggested that they reach out to residents in an effort to ensure
they understand the administrative fee. With park owner cooperation, staff has narrowed
the number of residents with unknown eligibility down to under 350. Staff feels this
number of outstanding residents can be tazgeted appropriately with one last billing outreach
effort to identify residents that are choosing not to participate in the fee collection this year
versus those that may need additional notification and still desire to pay before the Mazch
28~' deadline.
Staff also met with the Chula Vista Mobilehome Park Owners Association (pazk owners)
and Chula Vista Mobile Home Residents Association (residents) to address a potential
permanent resolution to this issue. These meetings were productive and provided some
additional measures that would help ensure these issues do not reoccur on an annual basis.
Specifically staff has proposed added noticing requirements under Section 9.50.030 for
park owners to notice residents by May 151 of each year with a courtesy reminder notice of
the need to pay the administrative fee to retain rights and services under CVMC 9.50. In
addition, staff will attempt to capture confirmation from residents that aze opting out each
year through the billing process.
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FEBRUARY 5, 2013, Item
Page 4 of 5
Fee Exemptions/Scholazships for Very-Low Income Residents
Staff has been asked on a variety of occasions about the possibility of assisting those most
fmancially vulnerable mobilehome residents by waiving or reducing the fee for specified
individuals. In terms of a fee waiver or reduced fee, Proposition 26, enacted by the voters
in the November 2010 election, limits the City's ability to provide a fee waiver or reduced
fee for specified individuals. Under Proposition 26, fees collected for a service or benefit
("Collected Fee") must be used for that service or benefit. The Collected Fees cannot be
used for any other purpose, including a fee waiver or reducing the fee for specified
individuals. Although the Collected Fee may not be used to subsidize a fee waiver or
reduced fee for specified individuals, the City may use other funding sources to subsidize a
fee waiver or reduce fee.
Per the staff report brought to Council February 14, 2012:
`Any efforts to do so would require Council to approve an alternate funding source for
those residents that income qualified for a waiver, which at this time would only be
eligible under the General Fund. This would also add administrative staffing costs,
requiring income verifications and additional ombudsman related activities, thereby
increasing the overall fee.
Due to the City's current economic situation, staff would recommend no fee waivers or
reductions for the coming fiscal year, but revisit this concept during future budget
cycles. However should Council desire to consider General Funds towards this cause
for Fiscal Year 2012/2013, staff would recommend limiting the consideration to
residents that are below thirty percent area median income (30% AMI), meeting the
Extremely-Low Income (currently $16,900 for a household size of 1 person) US.
Department of Housing and Urban Development standard. "
Staff continues to concur with the statements above as the administration of any type of in-
house subsidy program would be cost prohibitive. However, staff continues to work with
the Chula Vista Mobile Home Residents Association (residents) and individual park
Homeowners Associations regazding establishment of funds to assist fellow residents.
DECISION MAKER CONFLICT
City staff has determined that Councilmember Ramirez has property within 500 feet of a
mobilehome pazk, but upon review of the scope of the proposed action and the extent to
which a material effect is contingent upon intervening events, any material financial
effect is not reasonably foreseeable within the meaning of FPPC regulation 18706.
CURRENT YEAR FISCAL IMPACT
None.
ONGOING FISCAL IMPACT
None.
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FEBRUARY 5, 2013, Item
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ATTACHMENTS
1. CVMC 9.50 Amendments
2. Administrative Fee Regulations
Prepared by: Stacey Kurz, Senior Project Coordinator,
Development Services Department, Housing Division
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ATTACHMENTI
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW*
Sections:
9.50.001
9.50.005
9.50.010
9.50.012
9.50.015
9.50.020
9.50.030
9.50.050
9.50.063
9.50.064
9.50.066
9.50.070
9.50.073
9.50.075
9.50.076
9.50.077
9.50.078
9.50.079
9.50.080
9.50.081
9.50.082
9.50.085
9.50.087
9.50.090
9.50.092
9.50.100
9.50.102
9.50.115
Appendix One
Appendix Two
*Prior legislation: Ords. 1997, 2163, 2227, 2282, 2306, 2451, 2551, 2566, 2737,-ar>d-2862 and
3195.
9.50.001 Findings.
A. The city council finds that there is presently, within the city of Chula Vista, a
shortage of rental spaces for the location of mobilehomes, and an inadequate number of
mobilehome rental spaces to meet the total demand in this city for those spaces. The city council
finds that this limited supply of mobilehome spaces in this city has resulted in low vacancy rates
and contributes to escalating space rents in a manner that would, in the absence of regulation,
allow for unconscionable increases of rents to mobilehome park residents.
B. The city council further finds that the unique nature of the ownership of a
mobilehome within a mobilehome park makes mobilehome owners particulazly vulnerable to the
threat of loss of their investment in their mobilehome. Due to the high cost of moving
Findings.
Purpose.
Definitions.
General applicability and exemptions.
Applicability to recreational vehicles.
Legal requirements and procedures created.
Administrative Fee.
Annual permissive rent increases and notices of CPI.
Rent increases above the annual permissive rent increase.
Owner meetings and possible voluntary negotiations.
Request for hearing form.
Initiation of space rent review.
Factors to consider in fixing space rent through the hearing process.
Fixing of space rent in excess of the permissive rent increase.
New and prospective mobilehome residents -Transfers of mobilehomes.
Vacancies and rents upon change of mobilehome ownership.
Right to mediate mobilehome resale price.
Findings regarding serious code violations.
Notice of serious code violations.
Proposed space rent increases at a time when there exist serious code violations at
pazk.
Denial or partial reduction of rent increases based upon serious code violations.
Compliance with Law and City Posting and Disclosure Requirements.
Implementation guidelines.
Mobilehome resident's right of refusal.
Retaliatory eviction.
Civil and administrative remedies.
Criminal remedies.
Severability.
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mobilehomes; the potential for damage resulting from moving mobilehomes; the requirements
for installing a mobilehome, including permits, landscaping and site preparation; the lack of
alternative homesites for mobilehome owners; and the substantial investment
mobilehomeowners make in their coaches, mobilehome owners lack the ability to move their
mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with
a shortage of rental spaces, provides pazk owners with the ability to establish excessive and
unconscionable rents which, if unregulated, would result in the impairment of a mobilehome
owner's investment in their home.
C. The city council further finds that the limited supply of mobilehome rental spaces
available in this city would, in the absence of space rent regulation, allow for an unconscionable
loss of the resale value of mobilehomes by existing mobilehome park residents.
D. The city council further finds that mobilehomes comprise a significant form of
housing available within the city of Chula Vista and can be a more affordable housing choice
than single-family homes. The city council finds that the supply of both mobilehome spaces and
mobilehomes available for rent is not adequate to meet the demand, and that as a result, the
limited supply of such spaces and mobilehomes contributes to escalating rents in a manner that
would, in the absence of regulation, result in the elimination of mobilehomes as a more
affordable housing choice.
E. The city council further finds that there exists serious health and safety issues in
some mobilehome pazks within this pity that constitute violations of the city's municipal code
and/or state law. The city council finds that increases in rents in excess of the annual permissive
rent increase for parks where there exists such serious violations would, in the absence of
regulation, allow for an unconscionable benefit to the park owner to the detriment of the health,
safety, and welfaze of mobilehome residents. As more fully set forth in CVMC 9.50.079; the
city council finds that the provisions of this chapter will promote and require a minimal level of
health and safety conditions in those mobilehome parks seeking rent increases in excess of the
annual permissive rent increase while also allowing park owners sufficient time and revenue to
meet these minimal requirements.
F. The city council further finds that, because mobilehome parks generally have
costs of operation which are considerably less than total gross income, it is not necessary to
allow an automatic 100 percent Consumer Price Index (CPI) annual rent increase in order for
mobilehome pazk owners to be able to maintain a fair, just, and reasonable rent. A number of
cities in California do, in fact, limit annual rent increases without a review or hearing by the city,
to 0.75 times the CPI and/or provide a maximum allowable rent increase. Therefore, it is
appropriate to require justification for any rent increase in excess of the annual permissive rent
increase as set forth in this Chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.005 Purpose.
A. The city council intends by this chapter to create aprocess to protect both mobilehome pazk
owners and mobilehome park residents from excessive and unconscionable rent increases
while simultaneously recognizing and providing for the need of mobilehome pazk owners
to receive a just and reasonable return on their property.
B. The city council intends by this chapter:
1. To prevent existing mobilehome owners, who are rendered largely incapable of
moving their mobilehomes without suffering a substantial loss in their value, from loss
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of their investment and the resale value of their mobilehomes due to the fact that a new
mobilehome resident is being charged excessive rents;
2. To protect and promote the availability of mobilehomes as a more affordable housing
choice; and
3. To encourage compliance with code requirements, to protect the public health, safety,
and welfaze of mobilehome park residents, and to provide for a fair return on the park
owners' investment so that compliance with code requirements are financially feasible
in such circumstances where a rent increase in excess of the annual permissive rent
increase is proposed.
C. The city council intends for the procedures contained in this chapter to provide a
mechanism for the resolution of disputed increases in rents by making it advantageous for
mobilehome park residents and mobilehome park owners to establish a better
understanding of each other's positions which will result in agreement on the amount of
rent to be charged. The procedures of the ordinance are established with the intent that
they be accomplished in a timely fashion. The participating parties shall commit to the
goal that the entire dispute resolution process be completed within one hundred twenty
(120) days following receipt of a disputed notice of rent increase. (Ord. 3195 §1, 2011;
Ord. 2862 §1, 2002).
9.50.010 Definitions.
Words used in this chapter shall have the meaning described to them in this section:
A. "Mobilehome" is 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.
As used in this chapter, "mobilehome" has the same meaning as California Civil Code
section 798.3.
B. "Manufactured home," is a unit built post June I5, 1976 that meets U.S. Department of
Housing and Urban Development (HUD) specifications, the term "manufactured home"
for the purpose of this chapter only, shall be synonymous with the term "mobilehome."
C. "Mobilehome space" means a portion of a mobilehome pazk designated or used for the
occupancy of one mobilehome.
D. "Mobilehome pazk" or "pazk" is an area of land where two or more mobilehomes or
mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used
for human habitation.
E. "Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or
manager of a mobilehome park.
F. "Mobilehome owner" means a person who owns a mobilehome which is legally located
in a mobilehome space within a mobilehome park in the city of Chula Vista.
G. "Mobilehome resident" or "resident" means a person who occupies a mobilehome in a
mobilehome pazk in the City of Chula Vista as a primary residence by virtue of having a
rental agreement. "Mobilehome resident" or "resident" is inclusive of a mobilehome
owner.
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H. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or
received in connection with the use and occupancy of a mobilehome or mobilehome
space in a mobilehome park, including services, or in connection with the transfer of a
lease for a mobile space or the subleasing of a mobilehome space. "Rent" shall not
include amounts paid by residents for such separately metered utilities or services, as
provided in California Civil Code Section 798.41, or any sepazate chazge for those fees,
assessments or costs which may be charged to mobilehome residents pursuant to the
California Civil Code.
"Dispute" or "controversy" means a disagreement or difference which is subject to the
resolution process described in this chapter.
I. "Consumer Price Index" or "CPI" means the All Urban Consumers/All Items component
of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by
the Bureau of Labor Statistics.
K. "Mobilehome rent review commission" means the advisory body established by Chapter
2.31 CVMC to provide an independent review of rent increase disputes in mobilehome
pazks. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.012 General applicability and exemptions.
This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents
and mobilehomes in mobilehome parks within the city of Chula Vista, unless otherwise exempted
by state law or the provisions of this chapter.
This chapter shall not apply to leases for a term exceeding one year which are exempted by
California Civil Code Section 798.17, so long as such leases contain all the required provisions for
exemption, including a statement in the first sentence of the first paragraph, in at least 12 point type
or capital letters, giving notice to the mobilehome resident that,,by entering into the lease, the rent
control provisions of this ordinance will be automatically superseded by the lease provisions
regarding rent and rent increases.
This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces
thereatare regulated pursuant to an agreement with the redevelopment agency of the city of Chula
Vista under the authority of Section 33334.2 through 33334.4, inclusive, of the California Health
and Safety Code, for such period of time as the agreement is in effect. (Ord. 3195 §1, 2011; Ord.
2862 §1, 2002).
9.50.015 Applicability to recreafional vehicles.
This chapter applies to owners/occupants of recreational vehicles as defined in California Civil
Code Section 799.29 where the recreational vehicle owner/occupant has been in residency for nine
or more consecutive months. Notwithstanding the above, this chapter shall not be applicable to
recreational vehicles residing in parks operated as recreational vehicle parks, where the
predominant number of spaces are occupied for less than nine months. (Ord. 3195 §1, 2011; Ord.
2862 §1, 2002).
9.50.020 Legal requirements and procedures created.
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This chapter creates legal requirements and procedures that must be followed when rent is
increased in mobilehome parks. In the event a mobilehome park owner increases rent without
complying with the provisions of this chapter, including but not limited to providing the required
notice, the park owner may be held accountable for such failure through criminal, civil and
administrative action in accordance with CVMC 9.50.0100 and 9.50.102. A park owner who
willfully and improperly collects rent shall be subject to repayment of up to three times the amount
of rent improperly collected, after a hearing before the mobilehome rent review commission, or in
a civil action brought by a mobilehome resident. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.030 Administrative fee.
The city council finds that this chapter provides unique benefits and services to a limited
segment of the public, specifically mobilehome residents. Such benefits and services include,
but are not limited to, a calculation of rents under this chapter (annual permissive and increase
above annual permissive) that results in reduced rents and attendant ombudsman activities. An
administrative fee shall be required of mobilehome residents to receive the benefits and services
provided by this chapter. The aforementioned administrative fee shall be established as follows:
A. The city shall report to the city council each fiscal yeaz with a recommendation regazding
the amount necessary to recover the costs of administering this chapter, and the proportion
of said fee levied on the mobilehome residents based on the relative services provided.
B. The administrative fee shall be established annually and adopted by Council in the City of
Chula Vista Master Fee Schedule. The fee and manner in which to collect it shall be
determined by the standards set forth in the city council approved fee resolution.
C. This fee shall not be included in the rent base when calculating ministerial rent increases.
D. This chapter shall apply to each mobilehome rental space within parks, except such spaces
that are exempt from such fee because of a space rental agreement that meets the
requirements of Section 798.17 of the California Civil Code. Such exemptions shall be
verified as identified in the city council approved fee resolution.
E. The provisions of this chapter shall not apply and no petition will be accepted from a
resident opposing a rent increase above the annual permissive and no heazing or other
proceeding shall be scheduled or take place for a mobilehome space rent in which there is
an unpaid administrative fee. The city shall establish a grace period for unpaid fees to be
made current. For any new incoming residents to apazk, char¢es for the fee shall not begin
until the start of the next fiscal Year of their first yeaz of occupancy
F Park owners shall notice individual residents one time annually by each May 1st with a
"Courtesy Notice" as provided below. The aforementioned "Courtesy Notice" may be
provided to a resident via US mail included in the monthly rental statement, or delivered to
their residence or individual "in box" where rental statements may be placed. The noticing
of residents under this naza¢raph shall not be a condition precedent to a rental increase.
ADMINISTRATIVE FEE COURTESY NOTICE
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TO: RESIDENT
SUBJECT: CITY OF CHULA VISTA RENT CONTROL FEE
The pumose of this communication is to clarify the City of Chula ordinance imposine a
fee for rent control on mobile home residents and provide a reminder that the City will be
billing for such fee prior to June 1St.
Please be advised that per Section 9.50.030(E) of the City's Municipal Code, anv eligible
space for rent control under the City's ordinance must pay an administrative fee to the
City annually. To be eligible you must meet the following criteria:
1) You own the coach/trailer;
2) You have a valid space rental agreement for a term of 12 months or less;
and
3) The home is}our principal residence.
If a resident does not pay the rent control fee for that year, the resident is no longer
covered by the rent control ordinance for the period July 1-June 30 of the subsequent
year. This means that the landlord can increase the rent on the resident's site to any
amount chosen by the landlord. The amount of the increase will not be limited to the rent
control increase amount (annual permissible rate) published by the City of Chula Vista or
as otherwise provided in the rent control ordinance.
If the fee is not paid within 60 days (grace period) of the due date with anv associated late
fees you will lose the protection of rent control and if the landlord raises your rent, the
new rent level becomes your new base rent even if ~pav the rent control fee in the
future window of time when you can once again be covered by rent control, beginning
July lst of the subsequent yeaz.
For additional information or if do not receive your bill from the city by June 7th, please
call the City of Chula Vista mobile home information line at (619) 585-5600.
IiG. This section shall be operative July 1, 2012. (Ord. 3195 §1, 2011)
9.50.050 Annual permissive rent increases and notices of CPI.
A. Rents for mobilehome residents may be increased automatically and only once in a
ca]endaz year by no more than the percentage change in the CPI, when the CPI is three
percent or less, and 75 percent of that change in the CPI above three percent to be known as
the "annual permissive" rent increase. The park owner or their agent shall use the CPI in
effect at the time such notice of increase in rents is served on residents, as provided in the
notice of current CPI mailed to each park owner or their agent by the City. Calculation of
the one-year limitation on rent increases shall be from the date the last increase became
effective for that particular space or mobilehome.
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B. The city shall mail to each pazk owner or their agent the applicable CPI to be used for the rent
increases as soon as the city receives the CPI from the Bureau of Labor Statistics. The CPI is
published twice each yeaz by the Bureau of Labor Statistics. Park owners shall use the CPI
famished to them by the city as controlling the maximum potential rent increase without a
need for a hearing, and may not deviate from the CPI until the pazk owner receives written
notification from the city that the CPI has changed. The park owner shall post, in a
prominent place, the notification from the city so that all residents aze aware of the applicable
CPI.
C. Should a mobilehome resident feel that a proposed rent increase is in violation of this
chapter, the resident may provide written notice to the park owner of such rent dispute.
Within 10 calendaz days of the written notice, the pazk owner shall meet with the resident
to discuss this dispute. This meeting shall be held at a mutually convenient time and place,
preferably at the mobilehome park. Additionally, within 30 days of receiving written notice
from the resident of a rent dispute, the park owner shall provide the resident with a written
response addressing such dispute.
If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with
the city a complaint alleging the mobilehome park's violation of the rent increase
provisions of this chapter. Such complaint must include documentation or other
information wkislrthat provides compelling evidence of such violation and submitted
within 14 days of receiving the park owner's written response addressing the dispute. The
city, at its sole discretion and after review of the complaint and supporting documentation,
will determine the necessity to audit the rent for the affected space in order to verify
compliance with this chapter.
Should the city determine that an audit is necessary, the city shall notify the park owner in
writing of their determination, request written verification of the rent charged for the
affected space for the last three yeazs, and provide the park owner with a copy of the
complaint. Within 14 days after delivery of said notice from the city, the pazk owner or
their agent shall mail (U.S. Postal Mai] Service, return receipt requested) to the City of
Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista,. CA 91910, written
verification of the space rent charged for the affected space for the previous three years,
such as copies of rent statements. Failure to provide the city with the requested space rent
information or knowingly submitting incorrect information shall be considered a violation
of this Chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.063 Rent increase above the annual permissive rent increase.
A. In any situation where a mobilehome park owner wishes to increase the rent above the annual
pemussive rent increase as set forth in CVMC 9.50.050, he or she must first give notice to
affected residents, at the same time the 90-day notice required by Civil Code Section 798.30
is given.
The notice of a rent increase in excess of the annual permissive rent increase shall be in
substantially the form prescribed in Appendix One of this chapter.
B. If the residents within the affected mobilehome pazk have established an on-site
representative body and notify the owner in writing of its existence, a copy of the rent
increase notice must be sent to the chairperson of that body.
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C. A copy of the rent increase notice shall be mailed (IJ.S. Postal Mail Service, return receipt
requested) at the same time as issuance of the notice to residents to the City of Chula Vista at
the address identified herein.
City of Chula Vista
Attn: Mobilehomes
276 Fourth Avenue
Chula Vista, CA 91910
D. The rent increase notice must contain the space numbers of all residents who aze subject to a
increase which is above the annual permissive rent increase set forth in Section 9.50.050.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.064 Informal meeting requirements.
Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063, the park
owner shall hold an informal meeting for the benefit of the affected residents to discuss the
increase. It is hoped that such a meeting may lead to voluntary settlement of the dispute.
The meeting should be set for a time and date believed to be convenient for residents and may be
changed to a different date based on the reasonable request of the majority of affected residents.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no
right to a hearing but may rely on other residents of the mobilehome pazk to cause a public hearing
to be scheduled. The decision ofthe mobilehome rent review commission shall be applicable to all
affected homeowners.
In the event that more than 50 percent of the resident(s) and pazk owner reach a voluntary written
agreement of the increase in space rent, the rent shall be fixed as specified in CVMC 9.50.075.
Should the affected resident(s) and the park owner be unable to reach a voluntary settlement of
the dispute in the increase in space rent, the resident shall be entitled to. file a "Request for
Hearing" form as permitted in CVMC 9.50.066 and 9.50.070. (Ord. 3195 §1, 2011; Ord. 2862
§1, 2002).
9.50.066 Request for hearing form
Mobilehome residents shall have a right to file for a hearing and determination by the
mobilehome rent review commission of rent increases in excess of the annual permissive rent
increase. To file for such a hearing, a resident must deliver the request for hearing form to the
city within 30 days of the delivery of "Notice of Rent Increase in Excess of the Annual
Permissive Rent Increase" from the park owner or their agent.
The request for hearing shall be in substantively the form prescribed in Appendix One of this
chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.070 Initiation of Space Rent Review.
If a rent dispute cannot be resolved at a meeting with a pazk owner, a resident may initiate a rent
review by the mobilehome rent review commission by filing a request for hearing with the city, in
the form prescribed in CVMC 9.50.066.
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Upon the filing of a request for hearing in accordance with this chapter, the city shall notify the
chairperson of the mobilehome rent review commission of such request, who shall schedule a
hearing on the matter within 30 days after the date of receipt of such request or as soon thereafter
as practical. The City shall send written notice to the park owner and the resident(s) filing such
request for hearing of the time and place set for the hearing. The hearing will be noticed and held
in a manner that provides due process to all affected parties. Should such hearing affect more than
50 percent of those spaces at the mobilehome pazk, the park owner or their agent shall post in a
conspicuous place within the mobilehome pazk a copy of the written notice of the hearing. (Ord.
3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.073 Factors to consider in fixing space rent through the hearing process.
If a proposed rental increase is submitted to the mobilehome rent review commission
("commission") pursuant to the provisions of this chapter, the commission shall determine the rent
that is fair, just and reasonable, and, in doing so, shall consider the factors listed below. The
commission has the authority to request information and/or documentation related to these factors
that will assist them in making such determination. The city and/or their designee shall review all
evidence to be presented to the Commission for their consideration. The commission's decision
shall be based on the preponderance of the evidence at the hearing. The commission shall
consider the following factors:
A. The need for the proposed rental increase in order to permit the owner to secure a fair and
reasonable return, when considering the existing rental scheme for all spaces in the pazk and
all existing or expected expenses in owning and operating the park. A fair and reasonable
return may be determined by the commission by reference to industry standards, risk of
investment, or other acceptable standards.
In considering the existing or expected expenses in owning and operating the park in
following prudent business practices, the commission should consider the following or
any similaz or related items of expense, the reasonableness of such items, and changes to
them:
a. Actual financial investment in park improvements.
b. Property or other taxes.
c. Mortgage or ground rent payments.
d. Utility costs.
e. Capital improvements or rehabilitation work.
£ Repairs required.
g. Other operating and maintenance costs. Operating costs shall not include the
following:
i. Avoidable and unnecessary expenses, including refinancing costs;
ii. Any penalty, fees or other interest assessed or awarded for violation of this or
any other law;
iii. Legal fees, except legal fees incurred in connection with successful good-faith
attempts to recover rents owing, and successful good-faith unlawful detainer
actions not in derogation of applicable law, to the extent same are not recovered
from residents.
iv. Depreciation of the property.
v. Any expense for which the pazk owner has been reimbursed by any security
deposit, insurance settlement, judgment for damages, settlement or any other
method. Cost of replacement or repair incurred or necessazy as a result of the
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pazk owner's negligence or failure to maintain, including costs to correct serious
code violations at the pazk.
2. In considering the existing or expected income from owning and operating the park, the
commission should consider the rent schedule for all spaces in the park and any similar
or related items verifying income for the mobilehome pazk for the last three yeazs, the
reasonableness of such items, and changes to them.
B. Rate of return earned by the pazk owner in previous yeazs as determined by a fair return
analysis expert. All parties, including the City, shall have the right to hire their own expert.
C. The extent to which the proposed rental increase will cause a reduction in the resale value of
the mobilehome.
D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan
Area published by the Bureau of Labor Statistics.
E. Fair mazket rental value as detemmned by "comparables" of similar and existing mobilehome
spaces or mobilehomes in the South Bay azea of San Diego County, including those in Chula
Vista, as deternned by an MAI appraiser. T''° ~'~'° °° -• °" °° "•° ~°~'~ °••°~°~ All Parties,
including the City, shall have the right to hire their own independent MAI appraiser.
R The timing and amount of rents and increases for this and other spaces at the mobilehome
park.
G. The quantity and quality of the improvements and features at the mobilehome pazk and any
decrease or increase in such improvements and features.
H. The quantity and quality of services offered to park residents and any decrease or increase in
such improvements and features. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.075 Fixing of space rent in excess of the permissive rent increase.
The rent on any particular mobilehome space shall be fixed as established herein. Any
determination of fair, just, and reasonable rent determined by the commission shall not be
applicable to those spaces exempt from this chapter nor to those spaces not covered by the
written notice of an increase in rent.
A. In the event that the resident and an owner reach agreement as to the space rent in excess of
the annual pernussive rent increase for that calendaz yeaz, with or without the benefit of a
commission hearing, the rent shall be fixed at the agreed upon rent at such time as the
agreement is reached unless the agreement provides for a different effective date.
B. In the event that the resident and an owner do not reach agreement, and the rent has been
established by the commission according to the procedures herein established, the rent shall
be fixed at the rental rate so established by the commission as of 90 days after the resident's
original receipt of the notice of rent increase. The commission shall have the right to fix a
different date, if the commission deems the pazk owner non-responsive to the hearing
requests.
C. Consistent with its findings, the commission may
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I . Permit the requested increase which is in excess of the annual permissive rent increase
to become effective in whole or in part; or
2. Deny the increase which is in excess of the annual permissive rent increase.
However, the commission may not set the rent lower than the pre-existing rent or higher than
the amount contained in the notice of rent increase in excess of the annual permissive rent
increase.
D. Unilateral Refusal to Participate in the Hearing Process. In the event the commission finds
that the resident or owner has failed or refused to, in good faith, follow the procedure herein
fixed for the establishment of rent, which may include but not be limited to refusal to attend
noticed hearings or failure to provide a copy of all rent increase notices to residents, then the
commission shall fix the rent as follows:
If the resident has failed or refused to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed at the rental rate contained in the notice
of rent increase in excess of the annual permissive rent increase.
2. If the owner has failed or refused in good faith to follow the procedures herein fixed for
the establishment of rent, then the rent shall be fixed at the annual permissive rent
increase.
E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall
be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a
greater rental is due by the owner or his or her agent, to accept a rent payment from a resident
in an amount which is equal to or greater than the rent fixed by subsections (A), (B) or (C) of
this section shall constitute a waiver by the owner of the right to collect said rent, in its
entirety, for the rental period for which the rent was refused, unless the tenant consents, in
writing, to waive the provisions of this subsection.
F. All parties to the hearing shall be advised of the commission's decision and be given a copy
of the findings upon which the decision is based. The conclusions and findings of the
commission shall be final. Any party disputing the final conclusions and findings of the
commission may seek review of the commission's actions pursuant to Sections 1094.5 and
1094.6 of the California Code of Civil Procedure. (Ord. 3195 §1, 2011; Ord. 2862 §1,
2002).
9.50.076 New and prospective mobilehome residents -Transfers of mobilehomes.
A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a
mobilehome park, the park owner or their agent shall provide the new or prospective
mobilehome resident with a copy of the disclosure as specified in CVMC 9.50.085, a copy
of any notice of rent increase, and a copy of this chapter as currently in force.
B. Pazk owners must comply with the provisions of California Civil Code 798.70 et seq.
related to transfers of mobilehomes, including the provisions of Civil Code Sections 798.75
and 798.75.5. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.077 Vacancies and rents upon change of mobilehome ownership.
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Notwithstanding any other provision of this chapter, the mobilehome pazk owner may increase
space rent in the event of a space vacancy or a change of ownership of a mobilehome which will
remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobilehome in place, a pazk
owner may adjust the space rent without regard to the provisions of this chapter.
B. If a mobilehome changes ownership but remains on the same space within the
mobilehome pazk, a park owner may adjust the space rent without regazd to the provisions of this
chapter:. Once a resident is in place, the provisions of this chapter are again applicable. However,
no rent increase may be charged upon change of ownership by reason of interspousal transfers or
for persons on a rental lease agreement.
C. This increase is in addition to the annual permissive rent increase as set forth in CVMC
9.50.050 and is not subject to the once-a-year limitation of CVMC 9.50.050(A).
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this chapter.
E. Should a current mobilehome owner desire to sell his or her mobilehome and such
mobilehome will remain within the mobilehome park, the mobilehome owner must provide a
written notice to the pazk owner or their agent of his or her intent to sell. Within 15 days of the
receipt of a written notice of the current mobilehome owner's intent to sell the mobilehome, the
park owner or their agent shall provide a written statement as to the rental rate to be offered to
the new or prospective mobilehome owner ~ra " °~ ~~ ~~ "~° °~ ~°'~~~ °°~'~' -°`° ~°
Both the current mobilehome
owner and the park owner or their agent shall provide all new or prospective mobilehome owners
with a copy of such written statement of the rental rate, at the time an application for residency is
submitted to the park owner/mana eg ment.
Should no offer to purchase the mobilehome be accepted within six months of the written
statement of the rental rate to be offered to the new or prospective mobilehome owner, the pazk
owner or their agent may provide a revised written statement of the rental rate to be offered.
Such written statement can be revised by the park owner or their agent every six months
thereafter and shall be immediately provided to the current mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner shall
immediately provide written notice to the park owner or their agent of the pending sale of the
mobilehome and an address at which the new mobilehome owner may be contacted. The pazk
owner shall provide to the new mobilehome owner a written statement as to the rental rate to be
offered
;i,~a;e-ar-r~:~t-within 15 days of receiving written notice of the pending sale of a mobilehome.
The pazk owner shall also provide the new mobilehome owner with any other document required
by California Civil Code section 798.75(a). (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.078 Right to mediate mobilehome resale price.
A. In line with the purpose of this chapter to maintain a supply of more affordable housing
choices in the mobilehome market, it is the goal and objective of the city that a current
mobilehome owner should not be able to command, due to limited mobilehome space
availability, a higher price for a mobilehome upon sale due to the fact that the rent is
11-17
regulated by the provisions of this chapter. The city council finds that there is currently no
evidence that overcharging for mobilehomes is a significant problem in Chula Vista, and that
it has little, if any, significant effect on the supply of more affordable housing choices in the
city of Chula Vista, so as to require mobilehome resale price regulation by the city. The city
council fmds that this is due, in part, to the annual permissive rent increases provided in this
chapter. The city council further finds that if, after time, it appeazs that the mediation
process offered by this section is inadequate to address any potential problem with
overchazging, it may reconsider more stringent control over mobilehome overcharging in the
future.
B. The pazk owner shall post the following notice in a prominent place, in the on-site office:
NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE
PRICE OF MOBILEHOME
A potential purchaser of a mobilehome has the right to mediate the
purchase price of a mobilehome, if you contend that the purchase
price is higher because of rent regulation, then the purchase price
might ordinary be without rent regulation.
In order to submit the purchase price dispute, based solely on the
grounds than the purchase price is more than would ordinarily be
without rent regulation, between yourself and your potential seller
to the Chula Vista Mobilehome Rent Review Commission for non-
binding mediation your must:
1. Extend an offer to purchase the mobilehome, but not execute an
agreement to purchase;
2. Sign and file with the city the form requesting mediation prior to
executing a purchase agreement; and
3. Participate in the mediation process provided by the Mobilehome
Rent Review Commission.
C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome
resident contends that the price at which the mobilehome is offered by the current
mobilehome owner is higher because of rent regulation than the price of the mobilehome
without rent regulation, the new or prospective mobilehome owner has the right, upon tender
to the seller of an offer to purchase the mobilehome at a price acceptable to the new or
incoming mobilehome owner, to submit the price dispute to the Mobilehome Rent Review
Commission for mediation.
D. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the new
or prospective mobilehome owner, the Commission shall convene as soon as practical to heaz
the dispute, not sooner than 10 days notice to the buyer and seller of the time and place at
which the mediation shall occur. If the Seller fails to appeaz, the Commission should heaz the
complaint and evidence of the new or prospective mobilehome owner for the purpose of
creating a record of such abuses, if any. However, the Commission shall have no power to
set the resale price of a mobilehome with or without the presence of the parties.
E. The purpose of the mediation, and the sole jurisdiction of the Commission in the mediation,
is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome
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as if the rents in the pazk were not regulated by this chapter. (Ord. 3195 § 1, 2011; Ord. 2862
§1, 2002).
9.50.079 Findings regarding serious code violations.
A. The city council finds that there currently exists serious health and safety issues in cer[ain
mobilehome parks within the city. These health and safety issues are particulazly acute in the
older trailer parks in the city. In order to establish a minimal level of health and safety standazds
which must exist in all mobilehome parks prior to any rent increase in excess of the annual
permissive rent increase, the city council finds that the violations listed in Appendix Two
constitute serious code violations which may not exist within a mobilehome park at the time of
the proposed rent increase.
B. The city council further finds that the provisions of this chapter provide for a sufficient
return on investment and allow for a sufficient period of time to allow park owners to meet the
minimal health and safety standazds set forth herein. The city council finds that adoption of this
chapter does not constitute an action or inaction by the City which will result in the closure,
cessation or change of use of a mobilehome park. Except in these cases where the city council,
in its discretion, decides not to renew a conditional use permit or zoning variance as provided for
in Government Code Section 65863.7(1), the city council finds that any closure, cessation or
change in use of a mobilehome park occurring after the adoption of this chapter is the result of
the decision of the park owner, and, prior to any such closure, cessation or change in use, the
mobilehome park owner must comply with the provisions of Govemment Code Sections 65863.7
and 65863.8 as well as the provisions of the City's conversion ordinance, Chapter 9.40. (Ord.
3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.080 Notice of serious code violations.
In the event a pazk owner wishes to increase space rents in excess of the Annual Permissive Rent
Increase, he or she must first give notice to affected residents in compliance with the notice
requirements contained in CVMC 9.50.063. The notice of a rent increase in excess of the annual
permissive rent increase shall be in substantially the form prescribed in Appendix One of this
chapter and shall include information regarding a review for serious code violations.
The park owner shall post, in a prominent place, copy of Appendix Two of this chapter so that all
residents are awaze of those code violations which may create serious health, safety, and welfare
problems. Failure to maintain a posted copy of Appendix Two, or failure to provide the notice
required below in connection with any proposed space rent increase shall constitute a violation of
this chapter.
The requirements of this Section aze not applicable to those rent increases upon a change in
ownership of a mobilehome to remain in the pazk. (Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002).
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9.50.081 Proposed space rent increases at a time when there exist serious code
violations at park.
The city council finds that at times residents in pazks have alleged that their rents are being
increased, even though the pazk is in a state where serious code violations which affect the
health, safety, and welfaze of the residents exist. The city council further finds that park owners
should be required to operate and maintain their parks in substantial compliance with applicable
codes and particulazly in a manner which is not hazardous to the health, safety, and welfare of
the residents. Therefore, in order to encourage compliance with code requirements and to protect
the health, safety and welfare of park residents, the city council finds that it is necessary and
appropriate to establish a process to limit or prohibit increases in rents which aze above the
annual permissive rent increase unless and until it has been reasonably determined by city staff
that no serious code violations as listed in Appendix Two hereto exist at the park which would be
hazardous to the health, safety, and welfare of the residents.
Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of
the annual permissive rent increase, the city shall schedule an inspection of the subject
mobilehome park consistent with Appendix Two within 21 calendaz days of receiving a notice of
such rent increase. Subject to staffing limitations, city staff will make a determination within 30
calendaz days of the inspection of the subject mobilehome park as to whether or not a serious
violation or violations exist within the park and whether it or they do adversely affect the health,
safety, and general welfare of residents. The notice of such determination shall be provided to
any homeowners association at the pazk, which is registered with the city, and to the park owner.
The park owner may meet with City staff to discuss the violation(s) determined to exist and
possible actions needed to cure such violation(s).
If a serious violation as specified above is determined to exist, the park owner may cure the
violation, in which case the rent increase will become effective upon such cure, after the 90 days
as specified in the notice of rent increase, or upon fixing of the space rents by the commission
whichever date or event last occurs and in compliance with CVMC 9.50.063. The pazk owner
will receive written notification from the city of the cure of any such serious violation as
determined by city staff. In the alternative, the matter of any alleged code violation shall be
considered as part of the hearing process on the proposed increase or the park owner may request
a hearing before the mobilehome rent review commission on the matter of the alleged violation's
relation to the proposed rent increase. The commission may take into consideration any code
violation which has not been resolved, in determining to what extent a rent increase, if any,
should be allowed. After making such determination, the commission shall fix the rent as
provided for in CVMC 9.50.082.
1t is not the intent of this section to delay rent increases, but to attempt to resolve serious code
violations during the 90-day period required by state law prior to the effective date of any rent
increase. This section does not limit or preclude the city from proceeding in accordance with all
applicable laws against a park owner if it is found that a violation of code exists at the pazk.
Furthermore, any review of the specific code violations listed in Appendix Two is not intended
to substitute for the comprehensive inspection program for mobilehome/trailer parks
administered by the city in compliance with Title 25 of the California Code of Regulations.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
11-20
9.50.082 Denial or partial reduction of rent increases based upon code violations.
The violations which may result in a denial or reduction in any proposed rent increase which is
in excess of the annual permissive rent increase aze limited to those listed in Appendix Two.
Each yeaz, the city shall send a copy of Appendix Two to each park for posting in a common
area as required above. Violations listed in Appendix Two hereto may be modified from time to
time by the city manager without necessity of additional ordinance by the city council.
In making a determination regazding whether to permit that rent increase which is in excess of
the annual permissive rent increase when serious code violations exist, the commission and city
staff shall have the discretion to work with a park owner to bring a park into compliance over a
period of time. If a park owner contends that immediate compliance would result in the
immediate closure of a park, the commission and city staff shall consider this contention and
address the issues of compliance on a case-by-case basis. However, the city council finds that
compliance with the minimal health and safety standards provided for herein will not result in
such closures. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.085 Compliance with law and posting and disclosure requirements.
A. Every mobilehome pazk owner shall comply with the provisions of the Mobilehome
Residency Law (Chapter 2.5, Section 798 of the California Civil Code), and the
provisions of this chapter. Also, a copy of the Mobilehome Residency Law and this
chapter shall be prominently posted in a common area of each park's premises at all
times.
B. In addition, the information contained in the disclosure below shall be provided as
follows:
1. When a mobilehome in a park is to be sold and it will remain in the pazk, the seller
shall show the disclosure to all potential buyers;
2. The park owner will provide a copy of the disclosure to a buyer of a mobilehome that
will remain in the park prior to signing of a rental/lease agreement; and
3. A copy of the disclosure acknowledged by the buyer shall be an addendum to every
rental agreement copies of which shall be kept by both the nark owner and resident.
MUNICIPAL CODE CHAPTER 9.50 ("RENT CONTROL'') DISCLOSURE
Chula Vista Municipal Code Chapter 9.50, Mobilehome Park
Space Rent Review, governs all mobilehome park spaces for leases
of 12 months or less. For leases of more than 12 months, Chapter
9.50 does not apply, per Section 9.50.012 and State law.
Chapter 9.50 generally applies to, but is not limited to, rent
control measures. Of particular interest is Section 9.50.077, which
prohibits rental petitions upon change of ownership or space
vacancy.
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Once in place, existing resident rights are defined in Section
9.50.063, which details the noticing requirements for increases in
space rent. Please initial to acknowledee reading of each section:
where the "cumulative annual increase" (total rent increase for the
space within the past~is greater than the applicable change in
the CPI, when the CPI is three percent (3%) or less, and 75 percent
of that change in the CPI above three percent (3%) I have the
i i ~~ w i F w
enforcement of Chapter 9.50•••••°"~° -°°••°°'°a within 30 days of
receiving such written statement of rental increase by submitting a
Request for Hearing Form to the City of Chula Vista, the address
of which is listed below.
A copy of the Mobilehome Rent Review Ordinance is available at
the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue,
Chula Vista, CA 91910 or one can be obtained from pazk
management.
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Acknowledgment:
Mobilehome Owner Signature
Date:
Printed Name
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.087 Implementation guidelines.
After a noticed public hearing, as it deems necessary, the Commission may adopt guidelines or
regulations to aid in the implementation of this chapter and to assure a fair hearing process.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.090 Mobilehome resident's right of refusal.
A mobilehome resident may refuse to pay any increase in rent which is in violation of this
chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a
mobilehome space or to collect a rent increase. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.092 Retaliatory eviction.
In any action brought to recover possession of a mobilehome or mobilehome space, the court
shall consider as grounds for denial any violation of any provision of this chapter. Further, the
determination that the action was brought in retaliation for the exercise of any rights conferred
by this chapter shall be grounds for denial. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.100 Civil and administrative remedies.
A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in
excess of the maximum rent allowable by this chapter shall be liable in a civil action,
including unlawful detainer, to the person upon whom the demand was made or from whom
the rent was accepted in an amount of up to triple the amount of such improperly collected
rent, and for such reasonable attorney's fees and costs as may be determined by the court.
B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by
the mobilehome rent review commission, to have willfully and improperly collected rents or
other fees or charges, the commission may, on the basis of evidence received at such hearing
supporting a determination that such rents, fees or charges were willfully and improperly
collected, require a reduction in rent or a reimbursement of such improperly collected rents,
fees, or charges, in an amount of up to triple the amount of such improperly collected rents,
fees or charges. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.102 Criminal Remedies.
Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not
11-23
more than a $1,000 or by imprisonment in the county jail for a period of six months in jail or by
both such fine or imprisonment. The following nonexclusive acts, without limitation due to
enumeration, shall constitute a criminal violation of this chapter, including the owner of a park if
done by an owner's agent with the knowledge or consent of the owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by
this chapter, including the demanding of rent waived under the provisions of CVMC
9.50.075(E), except that demands for annual increases in rent and negotiations for rent
permitted under this chapter shall not be deemed illegal.
B. Knowingly commencing, or threatening to commence, or maintaining an eviction or
unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the
amount fixed pursuant to this chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.115 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
invalid or unconstitutional, such portion shall be deemed a sepazate and independent provision and
such decision shall not affect the validity of the remainder. (Ord. 3195 §1, 2011; Ord 2862 §1,
2002).
APPENDIX ONE
NOTICE -RENT INCREASE IN EXCESS
OF THE ANNUAL PERMISSIVE RENT INCREASE
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING
BY THE MOBILEHOME RENT REVIEW COMMISSION
WITHIN THIRTY DAYS, THIS INCREASE SHALL. BE
AUTOMATICALLY EFFECTIVE ON (DATE) [Not sooner than
ninety days afrer date of notice.], EXCEPT AS PROVIDED IN
SECTION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING
REQUIREMENTS CONTAINED THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in
Section 9.50.050 of the City of Chula Vista's Municipal Code. An annual rent increase of the
percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month
period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three
percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) is
allowed without a right to a heazing of the Commission. The CPI is % and the annual
permissive rent increase is _%. This increase is _% of your current rent.
Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code
specifies that rents in excess of the annual permissive rent increase as set forth in Section
9.50.050 cannot be automatically increased for any park when there exists serious violations of
applicable codes, as specifically listed in Appendix Two to Chapter 9.50.
Under the city's Municipal Code, you aze entitled to the following rights:
11-24
1. Informal Meeting. I am required to hold a meeting with the residents to discuss the general
reasons for the increase. The meeting will be at [state time (must be
within ten days) and place (should be at mobilehome pazk)]. Under the City's ordinance,
owners and residents are encouraged to attempt to resolve differences and reach a voluntary
agreement regazding this increase.
2. Right to a Hearins. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066.
You may file for such hearing only if you or your representative attends the meeting to discuss
the increase. To file for such hearing you must deliver the request for Hearing form to the
City within thirty days of the date this notice is served on you.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the City notification that you have elected to be
represented at such meeting by another party and stating the name of your representative.
3. Failure to Attend Informal MeetinS. If a resident does not attend this meeting or is not
represented by someone, he or she shall have no right to a hearing but may rely on other
residents of the mobilehome park to cause a public hearing to be scheduled. In the event a
request for hearing is initiated, the action will include the rent increase issues with regazd to
all the affected residents.
4. Review of Serious Code Violations. In order to establish a minimal level of health and
safety standards which must exist in all mobilehome pazks prior to any rent increase in
excess of the annual permissive rent increase, the City will conduct an inspection of this
mobilehome park in compliance with the requirements of Section 9.50.079 and based upon
Appendix Two. A list of the specific code violations which apply may be obtained from the
City during normal business hours, and is required to be posted in a common azea of each
pazk's premises at all times.
The City will provide notice of its determination as to whether or not a serious violation or
violations exist at the mobilehome pazk and whether it or they do adversely affect the health,
safety, and general welfaze of residents to any homeowners association at the park, which is
registered with the City, and to the pazk owner. It is the City's intent to attempt to resolve
serious code violations during the 90-day period required by State law prior to the effective
date of any rent increase. Sections 9.50.080 does not limit or preclude the City from
proceeding in accordance with all applicable laws against a park owner if it is found that a
violation of code exists at the pazk.
The following space numbers are subject to this increase: [insert numbers of affected spaces].
If you have questions, or need more information regarding the hearing process or serious code
violations, you can call the City at (619) 585-5722.
Park Owner/Manager Date
11-25
REQUEST FOR HEARING
Rent Increase In Excess
Of The Annual Permissive Rent Increase
The undersigned hereby requests a hearing before the Mobilehome Rent Review Commission
with regazd to a proposed rent increase described in the attached notice -Rent Increase in excess
of the annual permissive rent increase relating to the Mobilehome
Pazk. [Note: make certain you attach a copy of the notice of Rent Increase you received from the
park owner.]
The undersigned is a resident of the park and has attended a meeting with the park owner , or
sent a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal
Code. The dispute has not been settled. The undersigned has also paid the administrative fee
required under Section 9.50.030.
It is understood that this request is irrevocable and that it may be relied on by other residents of
the mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent
Review Commission will schedule a public hearing to consider the proposed rent increase, taking
into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and
that the decision of the Mobilehome Rent Review Commission shall be applicable to all affected
homeowners and shall be final and binding.
Signed
Print Name
Address
Telephone No.
Date
[The completed form must be delivered to the City of Chula Vista, Attn: Mobilehomes, 276
Fourth Avenue, Chula Vista CA 91910]
11-26
APPENDIX TWO
MOBILEHOME PARK
CODE VIOATIONS WHICH MAY CREATE SERIOUS
HEALTH, SAFETY, AND WELFARE PROBLEMS
INDIVIDUAL SPACES -Exterior only
A. All lots shall be numbered in a conspicuous location facing the interior roadway.
[Section 1104(a)]
B. Power sources and plumbing adequately supplied, supported, and protected.
[Sections 1170, 1182, and 1280]
C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
THE FOLO WING APPLY TO PARK GROUNDS -NOT INDIVIDUAL SPACES
PARK IN GENERAL -not individual spaces/lots
PARK GROUNDS
A. Clearly identify park address at street [CVMC Section 12.48.030]
B. Emergency information posted in conspicuous place. [Section 1686]
C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if pazk
constructed prior to 9-15-61. If parking is allowed on one side of roadway,
minimum cleazance is 32 feet, and if pazking is permitted on both sides of
roadway, a minimum clearance of 40 feet is required. If there is some type of
curb divider, each side must be a minimum of 15 feet. [Section 1106]
D. Maintain proper grading and drainage (Accumulation of water) [Section 1610(a)]
E. Adequate refuse/rubbish disposal. [Section 1610 (d)]
F. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
PERMANENT BUILDING STRUCTURES
G. Any new structures or work to have required permits [Section 1018(a)]
H. Maintenance sufficient to assure minimum life and safety standards [Section
1636]
I. Water heater properly installed and vented [Uniform Plumbing Code Sections
508.0, 512.1, and 608]
J. Required lighting in public toilets, showers, and laundry facilities [Section 1612]
K. Conformance with the California Fire Code (CFC):
1. Exit Doors (CFC 2501.8)
2. Aisles (CFC 2501.9)
3. Seating (CFC 2501.10)
4. Exit ways must be free of obstructions. [CFC 2501.11]
5. Fire extinguishers shall be maintained in good repair. [CFVC 2501.13]
6. Exits shall be identified and lighted [CFC 2501.15, 121 I and 1212]
7. Room capacity shall be posted [CFC 2501.16.1 ]
UTILITIES
L. All electrical equipment outside permanent buildings shall comply with
requirements of the California Electrical Code (CEC). [Section 1134(a) and
1384]
11-27
M. All overhead electrical supply and conductors and supporting structures shall
comply with requirements of the California Public Utilities Commission Rules for
Overhead Electrical Line Construction. [Section 1134.(b) & (c)]
N. Connections adequately protected if subject to potential damage by vehicles, etc.
[Sections 1228(a) and 1280]
O. All electrical switches, circuit breakers, receptacles, lighting fixtures, control
equipment, and metering devices located in wet places or outside of a building
shall be rain-tight type equipment. [Section 1170(a)]
P. Sufficient space around electrical equipment to permit ready and safe operation.
[Section 1646(a)(b)~
Unless otherwise noted, all Section references are found in Title 25 of the California Code of
Regulations.
The city of Chula Vista shall provide a copy of all referenced code sections to all park owners
and/or their agents. Copies of these referenced code sections shall be maintained at all times at
the on-site Manager's office and may be viewed during normal business hours by any and all
residents.
11-28
ATTACHMENT 2
CVMC 9.50
MOBILEHOME PARK SPACE -RENT REVIEW
ADMINISTRATIVE FEE
REGULATIONS
~~:
~.
G1Y OF
CHULA VISTA
11-29
Adopted by City Council Resolution No. 2012-015 on February 14, 2012 and amended b~ty
Council Resolution No. 2013-~ on February 5, 2013.
MobBehome Park Space -Rent Review Administrative Fee Regulations
On July 19, 2011 the City Council of the City of Chula Vista adopted vazious amendments to
Chula Vista Municipal Code 9.50 (CVMC 9.50). Such amendments included a new section of
the ordinance, 9.50.030 "Administrative Fee", to establish a fee to provide the mobilehome
residents unique services and benefits available to them only under Chapter 9.50, including, but
not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive)
which results in reduced rents and related ombudsman services. A Fee is required to continue
these services due to the reduction of the funds from which these programs were previously
funded. The mobilehome pazk resident households are the only residential group that receives
these unique benefits and services, per 9.50.030.
The first fiscal year for which a Fee must be paid by an Eligible Resident Household as defined
hereinafter is July 1, 2012. This set of regulations defines the process for initial and ongoing
data collection efforts to establish the Eligible Resident Households and the Fee to be paid by
each Eligible Resident Household on an annual basis as set forth in the City's Master Fee
Schedule. Participation in this program is at the election of the Eligible Resident Households.
1. INITIAL SETUP AND DATA COLLECTION TO IMPLEMENT THE
PROGRAM (Fiscal Year 2012/2013)
a. Eligible Mobilehome Park Snace Resident Households. Eligible Mobilehome
Pazk Space Resident Households ("Eligible Resident Households") must be a
"Homeowner" as defined in Civil Code section 798.9 and have a "tenancy " in
the mobilehome park as defined in Civil Code section 798.12, with a valid
rental agreement. Any resident household with a lease which complies with
California Civil Code 798.17 is ineligible under CVMC 9.50. California Civil
Code 798.17 outlines leases which are exempt from rent control.
b. Determination of Eligible Resident Households. In order to establish the
initial number of Eligible Resident Households covered under Chula Vista
Municipal Code 9.50 and thus determine the correct fee to each Eligible
Resident Household, the City shall coordinate with pazk owners and residents
to establish such eligibility.
i. City's Obli atg ions:
1. The City will send to the Pazk Owners a proposed mailing
address for each Park to confirm space numbering in the park.
The Park Owners will confirm or correct the City's mailing
list.
2. The City will mail an initial "Notice of a Resident Survey," as
provided in substantial form in Attachment 1, for park
11-30 Page 2 of 10
owners/managers to post in common azeas during this initial
one time setup period.
3. Then, City will mail a "Postcard" to all residents, as provided
in substantial form in Attachment 2, to establish whether
residents are Eligible Resident Households under Chapter 9.50
or are exempt from such fee because of a space rental
agreement that meets the requirements of California Civil Code
Section 798.17.
4. The City will prepare an "Eligibility Report Confirmation"
based upon the response from the resident and send such list to
the pazk owner to confirm or object to eligibility coverage
under Chapter 9.50. The park owner objections shall be
provided on the form entitled "Eligibility Objections,"
Attachment 3. The City will notify the affected resident with a
copy of the "Eligibility Objection," and will adjudicate the
objections with the resident bearing the burden of proof by a
preponderance of the evidence, and park owner having the
opportunity to submit evidence in opposition within thirty (30)
days after resident submits their evidence. City shall not be
required to identify or contact residents who aze nonresponsive
to the "Resident Survey" or "Eligibility Objection".
ii. Residents' Obligations. Resident shall respond to the postcard, in
Attachment 2. The postcard provides a release of information for
collection purposes and allows the City to coordinate and confirm the
eligibility of residents with park owners. The postcard further
provides, and such tenants shall, waive any claims or causes against
causes of actions against the park owners for providing the requested
information or confirming eligibility. If the affected resident disagrees
with the "Eligibility Objection" the burden of proof shall lie with the
resident to provide documentation proving eligibility within 30 days of
the City letter notifying of the objection.
iii. Park Owners' One Time Obli¢ations. The City will prepare and send
pazk owners a list of mailing addresses to confirm all spaces within
their parks. After the City has compiled responses through the resident
postcards, the City will prepare and send an "Eligibility Report
Confirmation" to the park owner to confirm those residents that have
claimed eligibility of coverage under Chapter 9.50. Park owners shall
return such "Eligibility Report Confirmation" to the City within 30
days of receipt. If a park owner identifies a resident as being ineligible
for coverage under Chapter 9.50, the pazk owner shall complete the
"Eligibility Objection", Attachment 3, and send a copy of such
objection to the City. The park owner shall not be responsible nor
required to identify or contact residents who are non responsive to the
"Resident Survey" or "Eligibility Objection".
1 1-31 Page 3 of 10
iv. Dispute Between Resident and Pazk Owner Regazdin¢ Eli ibility.
Any dispute regazding eligibility shall be handled in the manner set
forth in Section 2.b.
c. Determination of Initial Fee. After City data collection, staff shall prepaze a
report for City Council to establish the fee per Eligible Resident Household
for fiscal yeaz 2012/2013 (July 1, 2012 -June 30, 2013) and adopt such fee in
the City's Master Fee Schedule. Such fee shall be established by dividing the
number of resident households determined eligible for Chapter 9.50 through
the "Eligibility Report Confirmation" into the dollaz amount necessary to
recover the costs of administering Chapter 9.50 as determined by previous
year(s) expenditures and anticipated administration in the upcoming yeaz to
arrive at the estimated annual fee per Eligible Resident Household. City shall
send billing for the Administrative Fee directly to each confirmed Eligible
Resident Household, identified in the "Eligibility Report Confirmation".
d. Failure to Pav Fee. If an Eligible Resident Household fails to pay the fee when
due or within the sixty (60) days grace period thereafter, the Eligible Resident
Household will be ineligible and have forfeited rights to and for the unique
benefits and services provided under Ordinance 9.50 for the remainder of that
fiscal year (July 1 -June 30). No petition will be accepted from a resident
opposing a rent increase above the annual permissive and no hearing or other
proceeding shall be scheduled or take place for a mobilehome space rent in
which there is an unpaid Fee during that fiscal yeaz, per 9.50.030(E). A
Tenant may pay the fee the subsequent fiscal yeaz and on a going forward
basis receive the benefits and services set forth in Chapter 9.50. Should a
dispute azise over the forfeiting of rights due to non-payment of the Fee, the
dispute shall be handled in the manner set forth in Section 2.b.
2. PROGRAM REGULATIONS APPLICABLE AFTER INITIAL SET-UP
a. Annual Determination of Resident Eli ig bilit~
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~i~i:i. City's Annual Certification of Eli ig bility. Annually the City shall mail
to each resident household a bill identi ing the household eli>bility
status for the year prior and provide opportunity for the current
resident to update said information. The Park Owners shall not be
responsible and required to participate in the distribution or collection
1 1-3 2 Page 4 of ] 0
of the bill. The Park Owner shall, however, provide noticin¢ as
required under Chapter 9.50.030(F) May 151 of each vear. The bill
shall include T~° ~:« ,.,...n ..,.«:F.. ,,,° >r,:^:,.,° n°..:ao„,~^„„~~a~
.,°~h~= the Fee amount adjusted annually, at any time by city and
the date the Fee is due. Such due date shall not exceed the 30th of June
each yeaz for payment of the fiscal year beginning July 1S` of that yeaz.
There is a sixty (60) day grace period •that commences on the
due date and expires sixty (60) days after the due date of the Fee. If
the Fee is not paid when due or within the sixty (60) day grace period,
then the Resident Household and the space they occupy shall be
removed from the Eligibility list. The Park Owner will be notified
within ten (10) days after the expiration of the grace period that the
resident household and the space are exempt from this chapter, per
Section l.d. above. The City and the Park Owner(s), including their
Association may work together to identify and contact residents who
have not responded.
1. TM0°«~~Resident Households who Purchase a
Mobilehome. ^ ° ° «~--•~ °'~'"'°«'°" '''° Pazk
Owners shall provide a "Requast~;= _____
~''~^~'~~'~*°" °'^~^ ,.,:,>, the Disclosure requirements in
Section 9.50.095 to all pazk approved new homeowners
if there has been a change in ownership of the
mobilehome and a new rental or lease agreement is
executed. r ,. ,.,..~.°,...,..°.~.. ..:,.:,:,.. ,^
,. ,......... ._,.yu°......
r°~~--~- ~~~^"~~'~~-" *° ~''° ~'~~°.The first bill for new
homeowners shall be due to the city a date not to
exceed the 30`h of June of their first vear of residency.
The process for determining eligibility, objecting to
eligibility and resolution of any dispute shall be the
same as outlined in subsection (b.) below.
Net~vi ttstand~rtg-'he date the ''^^~°^.,^~°
iv:ii. Annual Eligibility Report. City staff shall prepare an annual
"Eligibility Report Confirmation" based upon the res}~e~=gin
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that have submitted payment each year. The Pazk Owners may, but aze
not required to, object to the inclusion of a specific resident household
as an Eligible Resident Household. The Park Owner's objection must
be presented to the City on the form entitled "Eligibility Objection",
Attachment 3. The City shall notify the affected resident household
with a copy of the "Eligibility Objection". If the affected resident
household disagrees with the "Eligibility Objection", then the resident
household has the burden of proof to establish eligibility by providing
documentation to the City within thirty (30) days to the City. If proof
1 1-33 Page 5 of 10
is not provided any funds col]ected through the administrative fee will
be returned to the affected part~If either party contests the decision
by staff to deem a resident household eligible or not eligible for the
benefits under this ordinance, then the complaining party must follow
the procedures as set forth below.
b. Contested Eligibility Procedure. The following procedures shall be followed
when eligibility is contested by either the Resident Household or the Pazk
Owner.
Staff Voluntary Meeting. After the Park Owner has filed the Eligibility
Objection and the Resident Household has responded, then the Party
not in agreement, with the initial decision by City staff, as to eligibility
or if no decision as to eligibility is reached by the City Staff due to the
dispute, may file a request to meet with staff within thirty (30) days of
the eligibility determination by City Staff. Staff may elect to meet
with both parties in an attempt to resolve any and all disputes. If staff
is unable to resolve such dispute or elects to waive such a meeting, the
Complaining Party may request mediation as set forth below.
ii. Mediation. If the issue of eligibility is not resolved by the above
referenced "Staff Voluntary Meeting" then the issue shall be referred
to the National Conflict Resolution group, or if it is unavailable then to
another similaz group or business, to have the dispute mediated. The
Complaining Party will pay the fee for mediation. City staff may
develop additional rules regarding the above referenced mediation.
iii. Anneal to Mobilehome Rent Review Commission. If the matter is not
resolved through the steps set forth above, the matter may be appealed
to the Mobilehome Rent Review Commission for its consideration.
City staff may develop additional rules regarding the above referenced
appeal. The decision of the Mobile Home Rent Review Commission
shall be the fmal administrative act.
c. Access to Documentation. All parties shall have access to City collected
documentation as permitted under the Public Records Act.
d. Annual Determination of Fee Per Resident Household.
Report to City Council. r T"' -""'''"" 'F '~" L'1°"'~'"''" n ""-' `~"
City Staff shall report to the City Council each fiscal year with a
recommendation regarding the amount necessary to recover the costs
of administering Chapter 9.50, and the proportion of said fee levied on
the Eligible Resident Households based on the relative services
provided and the number of residents who paid in the prior year. Any
surplus or deficit in the total fee collected for the previous year due to
the actual expenditures for the previous year shall be carried forward
and applied in calculating the subsequent yeaz's fee, excepting any
reserve City deems necessary.
1 1-34 Page 6 of 10
Distribution of Fee for a Fiscal Year. Upon approval of the Fee, the
City Staff shall mail a notice to each Eligible Resident Household to
inform them of the Fee amount and the due date in compliance with
section 2.a.ii.
11-35 Page 7 of 10
ATTACHMENT 1 -Notice of a Resident Survey
`may FOR IMMEDIATE POSTING
~-
~...-
cnv aF ATTENTION ALL RESIDENTS
CHULA VISfA
Notice of a Resident Survey -March 2012
On August 18, 2011 various amendments to Chula Vista Municipal Code 9.50, Mobilehome
Park Space -Rent Review (often referred to as rent control) took effect. Included among the
amendments, were the deletion of the right to petition rental increases upon change of ownership
and the addition of Section 9.50.030, establishing an administrative fee to continue to provide
mobilehome residents unique services and benefits available to them only under Chapter 9.50,
including, but not limited to, a rent calculation (via the annual permissive and exceeding the
annual permissive) which may result in reduced rent, and related ombudsman services.
In March 2012 the City will mail surveys to all mobilehome
residents in order to determine the number of persons eligible under
Chapter 9.50 (Rent Control). The surveys will serve as the basis for
determining the administrative fee that each resident must pay. If
you do not return the Eligibility Survey, you will not be covered by
the City's Rent Review Ordinance.
If you have an eligible rental agreement, defined below, such protection and services under
Chapter 9.50 have likely been afforded to you for a number of years. Due to cuts in the funding
sources for the administration of CVMC 9.50, without a permanent funding source for such
administration, the ordinance would face possible elimination.
Eli¢ible Rental Agreements
Have a valid space rental agreement with the park;
Lease term under 12 months; and
Home is primary residence.
In order to continue receiving protections of the annual permissive rental limits established in
Chapter 9.50 (often referred to as rent control) all eligible residents must begin paying the annual
Administrative Fee (Fee). Such Fee shall apply to each mobilehome rental space within pazks,
except such spaces that are exempt from such Fee because of a rental agreement that meets the
requirements of Section 798.17 of the California Civil Code.
Park owners will receive and confirm a list of residents claiming eligibility prior to billing each
year. Should they deem a space has an ineligible rental agreement under CVMC 9.50 an
"Eligibility Objection" will be sent to both the City and affected resident. If any discrepancy
occurs, it will be required that the resident show proof of eligibility.
1 1-3 6 Page 8 of 10
ATTACHMENT 2 -Resident Survey -Revised 4/2012
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11-37 Page 9 of 10
ATTACHMENT 3 -Park Owner Eligibility Objection
ELIGIBILITY OBJECTION
The following resident has claimed eligibility of coverage under Chula Vista Municipal Code
Chapter 9.50 (CVMC 9.50) based on the City's "Eligibility Report Confirmation", however
based on review of park records; management does not believe they are currently eligible for the
reason listed below.
Park Name:
Park Contact Name:
Resident(s):
Space:
Phone No. (~
Residentis ineligible due to the following reason:
Person(s) signing the "Resident Survey" are not legal tenant(s) in the rental agreement
and/or no valid rental agreement exists on file with the park.
The rental agreement is exempt per California Civil Code Section 798.17, due to the
following:
Rental agreement exceeds 12 months.
Resident rents both the space and mobilehome from the park owner.
Home is not the primary residence of tenant(s).
Should the affected resident(s) listed above disagree with this "Eligibility Objection", such
resident(s) should contact the park contact listed above to discuss. If the affected resident
household disagrees with the "Eligibility Objection", then the resident household has the burden
of proof to establish eligibility by providing documentation to the City within thirty (30) days to
the City. If the decision by staff to deem a resident household eligible or not eligible for the
benefits under this ordinance, then the complaining party must follow the procedures set forth in
the February 14, 2012 Administrative Fee Regulations, Section 2.b.
~ ~ -38 Page 10 of 10
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11-39
Page 11 of 10
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
9.50 [THE CITY'S MOBILEHOME SPACE -RENT REVIEW
ORDINANCE] T0: (1) UPDATE VARIOUS
ADMINISTRATIVE ITEMS; (2) AMEND SECTION 9.50.030
[ADMINISTRATIVE FEE]; (3) AMEND SECTION 9.50.077
[VACANCIES AND RENTS UPON CHANGE OF
MOBILEHOME OWNERSHIP]; AND, (4) AMEND SECTION
9.50.085 [COMPLIANCE WITH LAW AND CITY POSTING
AND DISCLOSURE REQUIREMENTS]
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
"Mobilehome Park Space -Rent Review," as allowed by Mobilehome Residency Law, and
amended the Chapter to its current form in 2011; and
WHEREAS, the City desires to streamline administration of the administrative fee by
altering requirements in Section 9.50.030 on change of ownership; and
WHEREAS, the City desires to clarify the required noticing upon change of ownership in
Section 9.50.077 and disclosure statement in Section 9.50.085; and
WHEREAS, City further desires to make additional amendments to update Chapter 9.50.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: ACTION
Chapter 9.50 of the Chula Vista Municipal Code is amended as follows:
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Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW*
Sections:
9.50.001 Findings.
9.50.005 Purpose.
9.50.010 Definitions.
9.50.012 General applicability and exemptions.
9.50.015 Applicability to recreational vehicles.
9.50.020 Legal requirements and procedures created.
9.50.030 Administrative Fee.
9.50.050 Annual permissive rent increases and notices of CPI.
9.50.063 Rent increases above the annual permissive rent increase.
9.50.064 Owner meetings and possible voluntary negotiations.
9.50.066 Request for hearing form.
9.50.070 Inifiation of space rent review.
9.50.073 Factors to consider in fixing space rent through the hearing process.
9.50.075 Fixing of space rent in excess of the permissive rent increase.
9.50.076 New and prospective mobilehome residents -Transfers of mobilehomes.
9.50.077 Vacancies and rents upon change of mobilehome ownership.
9.50.078 .Right to mediate mobilehome resale price.
9.50.079 Findings regarding serious code violations.
9.50.080 Notice of serious code violations.
9.50.081 Proposed space rent increases at a time when there exist serious code violations at
pazk.
9.50.082 Denial or partial reduction of rent increases based upon serious code violations.
9.50.085 Compliance with Law and City Posting and Disclosure Requirements.
9.50.087 Implementation guidelines.
9.50.090 Mobilehome resident's right of refusal.
9.50.092 Retaliatory eviction.
9.50.100 Civil and administrative remedies.
9.50.102 Criminal remedies.
9.50.115 Severability.
Appendix One
Appendix.Two
*Prior legislation: Ords. 1997, 2163, 2227, 2282, 2306, 2451, 2551, 2566, 2737, 2862 and 3195
9.50.001 Findings.
A. The city council finds that there is presently, within the city of Chula Vista, a
shortage of rental spaces for the location of mobilehomes, and an inadequate number of
mobilehome rental spaces to meet the total demand in this city for those spaces. The city council
finds that this limited supply of mobilehome spaces in this city has resulted in low vacancy rates
and contributes to escalating space rents in a manner that would, in the absence of regulation,
allow for unconscionable increases of rents to mobilehome pazk residents.
B. The city council further finds that the unique nature of the ownership of a
mobilehome within a mobilehome park makes mobilehome owners particulazly vulnerable to the
threat of loss of their investment in their mobilehome. Due to the high cost of moving
mobilehomes; the potential for damage resulting from moving mobilehomes; the requirements
11-41
for installing a mobilehome, including permits, landscaping and site preparation; the lack of
alternative homesites for mobilehome owners; and the substantial investment
mobilehomeowners make in their coaches, mobilehome owners lack the ability to move their
mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with
a shortage of rental spaces, provides park owners with the ability to establish excessive and
unconscionable rents which, if unregulated, would result in the impairment of a mobilehome
owner's investment in their home.
C. The city council further finds that the limited supply of mobilehome rental spaces
available in this city would, in the absence of space rent regulation, allow for an unconscionable
loss of the resale value of mobilehomes by existing mobilehome park residents.
D. The city council further finds that mobilehomes comprise a significant form of
housing available within the city of Chula Vista and can be a more affordable housing choice
than single-family homes. The city council finds that the supply of both mobilehome spaces and
mobilehomes available for rent is not adequate to meet the demand, and that as a result, the
limited supply of such spaces and mobilehomes contributes to escalating rents in a manner that
would, in the absence of regulation, result in the elimination of mobilehomes as a more
affordable housing choice.
E. The city council further finds that there exists serious health and safety issues in
some mobilehome pazks within this city that constitute violations of the city's municipal code
and/or state law. The city council finds that increases in rents in excess of the annual permissive
rent increase for parks where there exists such serious violations would, in the absence of
regulation, allow for an unconscionable benefit to the park owner to the detriment of the health,
safety, and welfare of mobilehome residents. As more fully set forth in CVMC 9.50.079, the
city council finds that the provisions of this chapter will promote and require a minimal level of
health and safety conditions in those mobilehome parks seeking rent increases in excess of the
annual permissive rent increase while also allowing park owners sufficient time and revenue to
meet these minimal requirements.
F. The city council further finds that, because mobilehome parks generally have
costs of operation which aze considerably less than total gross income, it is not necessary to
allow an automatic 100 percent Consumer Price Index (CPI) annual rent increase in order for
mobilehome pazk owners to be able to maintain a fair, just, and reasonable rent. A number of
cities in California do, in fact, limit annual rent increases without a review or hearing by the city,
to 0.75 times the CPI and/or provide a maximum allowable rent increase. Therefore, it is
appropriate to require justification for any rent increase in excess of the annual permissive rent
increase as set forth in this Chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.005 Purpose.
A. The city council intends by this chapter to create a process to protect both mobilehome pazk
owners and mobilehome park residents from excessive and unconscionable rent increases
while simultaneously recognizing and providing for the need of mobilehome park owners
to receive a just and reasonable return on their property.
B. The city council intends by this chapter:
1. To prevent existing mobilehome owners, who are rendered largely incapable of
moving their mobilehomes without suffering a substantial loss in their value, from loss
11-42
of their investment and the resale value of their mobilehomes due to the fact that a new
mobilehome resident is being charged excessive rents;
2. To protect and promote the availability of mobilehomes as a more affordable housing
choice; and
3. To encourage compliance with code requirements, to protect the public health, safety,
and welfare of mobilehome park residents, and to provide for a fair return on the park
owners' investment so that compliance with code requirements are financially feasible
in such circumstances where a rent increase in excess of the annual permissive rent
increase is proposed.
C. The city council intends for the procedures contained in this chapter to provide a
mechanism for the resolution of disputed increases in rents by making it advantageous for
mobilehome park residents and mobilehome park owners to establish a better
understanding of each other's positions which will result in agreement on the amount of
rent to be charged. The procedures of the ordinance are established with the intent that
they be accomplished in a timely fashion. The participating parties shall commit to the
goal that the entire dispute resolution process be completed within one hundred twenty
(120) days following receipt of a disputed notice of rent increase. (Ord. 3195 §1, 2011;
Ord. 2862 §1, 2002).
9.50.010 Definitions.
Words used in this chapter shall have the meaning described to them in this section:
A. "Mobilehome" is 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.
As used in this chapter, "mobilehome" has the same meaning as California Civil Code
section 798.3.
B. "Manufactured home," is a unit built post June 15, 1976 that meets U.S. Department of
Housing and Urban Development (HUD) specifications, the term "manufactured home"
for the purpose of this chapter only, shall be synonymous with the term "mobilehome."
C. "Mobilehome space" means a portion of a mobilehome park designated or used for the
occupancy of one mobilehome.
D. "Mobilehome park" or "park" is an area of land where two or more mobilehomes or
mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used
for human habitation.
E. "Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or
manager of a mobilehome park.
F. "Mobilehome owner" means a person who owns a mobilehome which is legally located
in a mobilehome space within a mobilehome park in the city of Chula Vista.
G. "Mobilehome resident" or "resident" means a person who occupies a mobilehome in a
mobilehome pazk in the City of Chula Vista as a primazy residence by virtue of having a
rental agreement. "Mobilehome resident" or "resident" is inclusive of a mobilehome
owner.
11-43
H. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or
received in connection with the use and occupancy of a mobilehome or mobilehome
space in a mobilehome park, including services, or in connection with the transfer of a
lease for a mobile space or the subleasing of a mobilehome space. "Rent" shall not
include amounts paid by residents for such separately metered utilities or services, as
provided in California Civil Code Section 798.41, or any sepazate charge for those fees,
assessments or costs which may be charged to mobilehome residents pursuant to the
California Civil Code.
"Dispute" or "controversy" means a disagreement or difference which is subject to the
resolution process described in this chapter.
"Consumer Price Index" or "CPI" means the All Urban Consumers/All Items component
of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by
the Bureau of Labor Statistics.
K. "Mobilehome rent review commission" means the advisory body established by Chapter
2.31 CVMC to provide an independent review of rent increase disputes in mobilehome
parks. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.012 General applicability and exemptions.
This chapter shall apply to all mobilehome pazks, mobilehome pazk owners, mobilehome residents
and mobilehomes in mobilehome parks within the city of Chula Vista, unless otherwise exempted
by state law or the provisions of this chapter.
This chapter shall not apply to leases for a term exceeding one year which are exempted by
California Civil Code Section 798.17, so long as such leases contain all the required provisions for
exemption, including a statement in the first sentence of the first paragraph, in at least 12 point type
or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent
control provisions of this ordinance will be automatically superseded by the lease provisions
regarding rent and rent increases.
This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces are
regulated pursuant to an agreement with the redevelopment agency of the city of Chula Vista under
the authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety
Code, for such period of time as the agreement is in effect. (Ord. 3195 §1, 2011; Ord. 2862 §1,
2002).
9.50.015 Applicability to recreational vehicles.
This chapter applies to owners/occupants of recreational vehicles as defined in Califomia Civil
Code Section 799.29 where the recreational vehicle owner/occupant has been in residency for nine
or more consecutive months. Notwithstanding the above, this chapter shall not be applicable to
recreational vehicles residing in parks operated as recreational vehicle pazks, where the
predominant number of spaces are occupied for less than nine months. (Ord. 3195 § 1, 2011; Ord.
2862 §1, 2002).
9.50.020 Legal requirements and procedures created.
11-44
This chapter creates legal requirements and procedures that must be followed when rent is
increased in mobilehome parks. In the event a mobilehome park owner increases rent without
complying with the provisions of this chapter, including but not limited to providing the required
notice, the pazk owner may be held accountable for such failure through criminal, civil and
administrative action in accordance with CVMC 9.50.0100 and 9.50.102. A park owner who
willfully and improperly collects rent shall be subject to repayment of up to three times the amount
of rent improperly collected, after a hearing before the mobilehome rent review commission, or in
a civil action brought by a mobi]ehome resident. (Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002).
9.50.030 Administrative fee.
The city council finds that this chapter provides unique benefits and services to a limited
segment of the public, specifically mobilehome residents. Such benefits and services include,
but are not limited to, a calculation of rents under this chapter (annual permissive and increase
above annual permissive) that results in reduced rents and attendant ombudsman activities. An
administrative fee shall be required of mobilehome residents to receive-the benefits and services
provided by this chapter. The aforementioned administrative fee shall be established as follows:
A. The city shall report to the city council each fiscal year with a recommendation regazding
the amount necessary to recover the costs of administering this chapter, and the proportion
of said fee levied on the mobilehome residents based on the relative services provided.
B. The administrative fee shall be established annually and adopted by Council in the City of
Chula Vista Master Fee Schedule. The fee and manner in which to collect it shall be
determined by the standards set forth in the city council approved fee resolution.
C. This fee shall not be included in the rent base when calculating ministerial rent increases.
D. This chapter shall apply to each mobilehome rental space within parks, except such spaces
that are exempt from such fee because of a space rental agreement that meets the
requirements of Section 798.17 of the California Civil Code. Such exemptions shall be
verified as identified in the city council approved fee resolution.
E. The provisions of this chapter shall not apply and no petition will be accepted from a
resident opposing a rent increase above the annual permissive and no hearing or other
proceeding shall be scheduled or take place for a mobilehome space rent in which there is
an unpaid administrative fee. The city shall establish a grace period for unpaid fees to be
made current. For any new incoming residents to a park, charges for the fee shall not begin
until the start of the next fiscal year of their first year of occupancy.
F. Park owners shall notice individual residents one time annually by each May 1st with a
"Courtesy Notice" as provided below. The aforementioned "Courtesy Notice" may be
provided to a resident via US mail, included in the monthly rental statement, or delivered to
their residence or individual "in box" where rental statements may be placed. The noticing
of residents under this paragraph shall not be a condition precedent to a rental increase.
ADMINISTRATIVE FEE COURTESY NOTICE
11-45
TO: RESIDENT
SUBJECT: CITY OF CHULA VISTA RENT CONTROL FEE
The purpose of this communication is to clarify the City of Chula ordinance imposing a
fee for rent control on mobile home residents and provide a reminder that the City will be
billing for such fee prior to June 15`.
Please be advised that per Section 9.50.030(E) of the City's Municipal Code, any eligible
space for rent control under the City's ordinance must pay an administrative fee to the
City annually. To be eligible you must meet the following criteria:
1) You own the coach/trailer;
2) You have a valid space rental agreement for a term of 12 months or less;
and
3) The home is your principal residence.
If a resident does not pay the rent control fee for that year, the resident is no longer
covered by the rent control ordinance for the period July 1-June 30 of the subsequent
year. This means that the landlord can increase the rent on the resident's site to any
amount chosen by the landlord. The amount of the increase will not be limited to the rent
control increase amount (annual permissible rate) published by the City of Chula Vista or
as otherwise provided in the rent control ordinance.
If the fee is not paid within 60 days (grace period) of the due date with any associated late
fees, you will lose the protection of rent control and if the landlord raises your rent, the
new rent level becomes your new base rent even if you pay the rent control fee in the
future window of time when you can once again be covered by rent control, beginning
July 151 of the subsequent year.
For additional information or if do not receive your bill from the city by June 7th, please
call the City of Chula Vista mobile home information line at (619) 585-5600.
G. This section shall be operative July 1, 2012. (Ord. 3195 §1, 2011).
9.50.050 Annual permissive rent increases and notices of CPI.
A. Rents for mobilehome residents may be increased automatically and only once in a
calendar year by no more than the percentage change in the CPI, when the CPI is three
percent or less, and 75 percent of that change in the CPI above three percent to be known as
the "annual permissive" rent increase. The park owner or their agent shall use the CPI in
effect at the time such notice of increase in rents is served on residents, as provided in the
notice of current CPI mailed to each park owner or their agent by the City. Calculation of
the one-year limitation on rent increases shall be from the date the last increase became
effective for that particular space or mobilehome.
11-46
B. The city shall mail to each park owner or their agent the applicable CPI to be used for the rent
increases as soon as the city receives the CPI from the Bureau of Labor Statistics. The CPI is
published twice each year by the Bureau of Labor Statistics. Pazk owners shall use the CPI
famished to them by the city as controlling the maximum potential rent increase without a
need for a hearing, and may not deviate from the CPI until the park owner receives written
notification from the city that the CPI has changed. The park owner shall post, in a
prominent place, the notification from the city so that all residents are aware of the applicable
CPI.
C. Should a mobilehome resident feel that a proposed rent increase is in violation of this
chapter, the resident may provide written notice to the park owner of such rent dispute.
Within 10 calendar days of the written notice, the park. owner shall meet with the resident
to discuss this dispute. This meeting shall be held at a mutually convenient time and place,
preferably at the mobilehome park. Additionally, within 30 days of receiving written notice
from the resident of a rent dispute, the park owner shall provide the resident with a written
response addressing such dispute.
If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with
the city a complaint alleging the mobilehome park's violation of the rent increase
provisions of this chapter. Such complaint must include documentation or other
information that provides compelling evidence of such violation and submitted within 14
days of receiving the park owner's written response addressing the dispute. The city, at its
sole discretion and after review of the complaint and supporting documentation, will
determine the necessity to audit the rent for the affected space in order to verify compliance
with this chapter.
Should the city determine that an audit is necessary, the city shall notify the park owner in
writing of their determination, request written verification of the rent charged for the
affected space for the last three yeazs, and provide the park owner with a copy of the
complaint. Within 14 days after delivery of said notice from the city, the park owner or
their agent shall mail (U.S. Postal Mail Service, return receipt requested) to the City of
Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista, CA 91910, written
verification of the space rent charged for the affected space for the previous three years,
such as copies of rent statements. Failure to provide the city with the requested space rent
information or knowingly submitting incorrect information shall be considered a violation
of this Chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.063 Rent increase above the annual permissive rent increase.
A. In any situation where a mobilehome park owner wishes to increase the rent above the annual
permissive rent increase as set forth in CVMC 9.50.050, he or she must first give notice to
affected residents, at the same time the 90-day notice required by Civil Code Section 798.30
is given.
The notice of a rent increase in excess of the annual permissive rent increase shall be in
substantially the form prescribed in Appendix One of this chapter.
B. If the residents within the affected mobilehome park have established an on-site
representative body and notify the owner in writing of its existence, a copy of the rent
increase notice must be sent to the chairperson of that body.
11-47
C. A copy of the rent increase notice shall be mailed (U.S. Postal Mail Service, return receipt
requested) at the same time as issuance of the notice to residents to the City of Chula Vista at
the address identified herein.
City of Chula Vista
Attn: Mobilehomes
276 Fourth Avenue
Chula Vista, CA 91910
D. The rent increase notice must contain the space numbers of all residents who are subject to a
increase which is above the annual permissive rent increase set forth in Section 9.50.050.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.064 Informal meeting requirements.
Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063, the park
owner shall hold an informal meeting for the benefit of the affected residents to discuss the
increase. It is hoped that such a meeting may lead to voluntary settlement of the dispute.
The meeting should be set for a time and date believed to be convenient for residents and may be
changed to a different date based on the reasonable request of the majority of affected residents.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no
right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing
to be scheduled. The decision of the mobilehome rent review commission shall be applicable to all
affected homeowners.
In the event that more than 50 percent of the resident(s) and pazk owner reach a voluntary written
agreement of the increase in space rent, the rent shall be fixed as specified in CVMC 9.50.075.
Should the affected resident(s) and the park owner be unable to reach a voluntary settlement of
the dispute in the increase in space rent, the resident shall be entitled to file a "Request for
Hearing" form as permitted in CVMC 9.50.066 and 9.50.070. (Ord. 3195 §1, 2011; Ord. 2862
§1, 2002).
9.50.066 Request for hearing form
Mobilehome residents shall have a right to file for a hearing and determination by the
mobilehome rent review commission of rent increases in excess of the annual permissive rent
increase. To file for such a heazing, a resident must deliver the request for hearing form to the
city within 30 days of the delivery of "Notice of Rent Increase in Excess of the Annual
Permissive Rent Increase" from the park owner or their agent.
The request for hearing shall be in substantively the form prescribed in Appendix One of this
chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.070 Initiation of Space Rent Review.
If a rent dispute cannot be resolved at a meeting with a park owner, a resident may initiate a rent
review by the mobilehome rent review commission by filing a request for hearing with the city, in
the form prescribed in CVMC 9.50.066.
11-48
Upon the filing of a request for hearing in accordance with this chapter, the city shall notify the
chairperson of the mobilehome rent review commission of such request, who shall schedule a
hearing on the matter within 30 days after the date of receipt of such request or as soon thereafter
as practical. The City shall send written notice to the park owner and the resident(s) filing such
request for hearing of the time and place set for the hearing. The hearing will be noticed and held
in a manner that provides due process to all affected parties. Should such hearing affect more than
50 percent of those spaces at the mobilehome park, the park owner or their agent shall post in a
conspicuous place within the mobilehome park a copy of the written notice of the hearing. (Ord.
3195 §1, 2011; Ord. 2862 §l, 2002).
9.50.073 Factors to consider in fixing space rent through the hearing process.
If a proposed rental increase is submitted to the mobilehome rent review commission
("commission") pursuant to the provisions of this chapter, the commission shall determine the rent
that is fair, just and reasonable, and, in doing so, shall consider the factors listed below. The
commission has the authority to request information and/or documentation related to these factors
that will assist them in making such determination. The city and/or their-designee shall review all
evidence to be presented to the Commission for their consideration. The commission's decision
shall be based on the preponderance of the evidence at the hearing. The commission shall
consider the following factors:
A. The need for the proposed rental increase in order to permit the owner to secure a fair and
reasonable return, when considering the existing rental scheme for all spaces in the park and
all existing or expected expenses in owning and operating the park. A fair and reasonable
return may be determined by the commission by reference to industry standards, risk of
investment, or other acceptable standards.
In considering the existing or expected expenses in owning and operating the park in
following prudent business practices, the commission should consider the following or
any similaz or related items of expense, the reasonableness of such items, and changes to
them:
a. Actual financial investment in park improvements.
b. Property or other taxes.
c. Mortgage or ground rent payments.
d. Utility costs.
e. Capital improvements or rehabilitation work.
£ Repairs required.
g. Other operating and maintenance costs. Operating costs shall not include the
following:
i. Avoidable and unnecessazy expenses, including refinancing costs;
ii. Any penalty, fees or other interest assessed or awazded for violation of this or
any other law;
iii. Legal fees, except legal fees incurred in connection with successful good-faith
attempts to recover rents owing, and successful good-faith unlawful detainer
actions not in derogation of applicable law, to the extent same are not recovered
from residents.
iv. Depreciation of the property.
v. Any expense for which the park owner has been reimbursed by any security
deposit, insurance settlement, judgment for damages, settlement or any other
method. Cost of replacement or repair incurred or necessary as a result of the
11-49
pazk owner's negligence or failure to maintain, including costs to correct serious
code violations at the park.
2. In considering the existing or expected income from owning and operating the park, the
commission should consider the rent schedule for all spaces in the park and any similar
or related items verifying income for the mobilehome pazk for the last three years, the
reasonableness of such items, and changes to them.
B. Rate of return earned by the park owner in previous years as determined by a fair return
analysis expert. All parties, including the City, shall have the right to hire their own expert.
C. The extent to which the proposed rental increase will cause a reduction in the resale value of
the mobilehome.
D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan
Area published by the Bureau of Labor Statistics.
E. Fair market rental value as determined by "comparables" of similar and existing mobilehome
spaces or mobilehomes in the South Bay area of San Diego County, including those in Chula
Vista, as determined by an MAI appraiser. All Parties, including the City, shall have the
right to hire their own independent MAI appraiser.
F. The timing and amount of rents and increases for this and other spaces at the mobilehome
park.
G. The quantity and quality of the improvements and features at the mobilehome pazk and any
decrease or increase in such improvements and features.
H. The quantity and quality of services offered to park residents and any decrease or increase in
such improvements and features. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.075 Fixing of space rent in excess of the permissive rent increase.
The rent on any particular mobilehome space shall be fixed as established herein. Any
determination of fair, just, and reasonable rent determined by the commission shall not be
applicable to those spaces exempt from this chapter nor to those spaces not covered by the
written notice of an increase in rent.
A. In the event that the resident and an owner reach agreement as to the space rent in excess of
the annual permissive rent increase for that calendar year, with or without the benefit of a
commission hearing, the rent shall be fixed at the agreed upon rent at such time as the
agreement is reached unless the agreement provides for a different effective date.
B. In the event that the resident and an owner do not reach agreement, and the rent has been
established by the commission according to the procedures herein established, the rent shall
be fixed at the rental rate so established by the commission as of 90 days after the resident's
original receipt of the notice of rent increase. The commission shall have the right to fix a
different date, if the commission deems the park owner non-responsive to the hearing
requests.
C. Consistent with its findings, the commission may
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1. Permit the requested increase which is in excess of the annual permissive rent increase
to become effective in whole or in part; or
2. Deny the increase which is in excess of the annual permissive rent increase.
However, the commission may not set the rent lower than the pre-existing rent or higher than
the amount contained in the notice of rent increase in excess of the annual permissive rent
increase.
D. Unilateral Refusal to Participate in the Hearing Process. In the event the commission finds
that the resident or owner has failed or refused to, in good faith, follow the procedure herein
fixed for the establishment of rent, which may include but not be limited to refusal to attend
noticed hearings or failure to provide a copy of all rent increase notices to residents, then the
commission shall fix the rent as follows:
If the resident has failed or refused to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed at the rental rate contained in the notice
of rent increase in excess of the annual permissive rent increase.
2. If the owner has failed or refused in good faith to follow the procedures herein fixed for
the establishment of rent, then the rent shall be fixed at the annual permissive rent
increase.
E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall
be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a
greater rental is due by the owner or his or her agent, to accept a rent payment from a resident
in an amount which is equal to or greater than the rent fixed by subsections (A), (B) or (C) of
this section shall constitute a waiver by the owner of the right to collect said rent, in its
entirety, for the rental period for which the rent was refused, unless the tenant consents, in
writing, to waive the provisions of this subsection.
F. All parties to the hearing shall be advised of the commission's decision and be given a copy
of the findings upon which the decision is based. The conclusions and findings of the
commission shall be final. Any party disputing the final conclusions and findings of the
commission may seek review of the commission's actions pursuant to Sections 1094.5 and
1094.6 of the California Code of Civil Procedure. (Ord. 3195 §1, 2011; Ord. 2862 §1,
2002).
9.50.076 New and prospective mobilehome residents -Transfers of mobilehomes.
A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a
mobilehome park, the park owner or their agent shall provide the new or prospective
mobilehome resident with a copy of the disclosure as specified in CVMC 9.50.085, a copy
of any notice of rent increase, and a copy of this chapter as currently in force.
B. Park owners must comply with the provisions of California Civil Cade 798.70 et seq.
related to transfers of mobilehomes, including the provisions of Civil Code Sections 798.75
and 798.75.5. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.077 Vacancies and rents upon change of mobilehome ownership.
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Notwithstanding any other provision of this chapter, the mobilehome park owner may increase
space rent in the event of a space vacancy or a change of ownership of a mobilehome which will
remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobilehome in place, a park
owner may adjust the space rent without regard to the provisions of this chapter.
B. If a mobilehome changes ownership but remains on the same space within the
mobilehome pazk, a park owner may adjust the space rent without regard to the provisions of this
chapter. Once a resident is in place, the provisions of this chapter are again applicable. However,
no rent increase may be charged upon change of ownership by reason of interspousal transfers or
for persons on a rental/lease agreement.
C. This increase is in addition to the annual permissive rent increase as set forth in CVMC
9.50.050 and is not subject to the once-a-year limitation of CVMC 9.50.050(A).
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this chapter.
E. Should a current mobilehome owner desire to sell his or her mobilehome and such
mobilehome will remain within the mobilehome park, the mobilehome owner must provide a
written notice to the park owner or their agent of his or hex intent to sell. Within 15 days of the
receipt of a written notice of the current mobilehome owner's intent to sell the mobilehome, the
park owner or their agent shall provide a written statement as to the rental rate to be offered to
the new or prospective mobilehome owner. Both the current mobilehome owner and the pazk
owner or their agent shall provide all new or prospective mobilehome owners with a copy of
such written statement of the rental rate, at the time an application for residency is submitted to
the park owner/management.
Should no offer to purchase the mobilehome be accepted within six months of the written
statement of the rental rate to be offered to the new or prospective mobilehome owner, the park
owner or their agent may provide a revised written statement of the rental rate to be offered.
Such written statement can be revised by the park owner or their agent every six months
thereafter and shall be immediately provided to the current mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner shall
immediately provide written notice to the park owner or their agent of the pending sale of the
mobilehome and an address at which the new mobilehome owner may be contacted. The park
owner shall provide to the new mobilehome owner a written statement as to the rental rate to be
offered within 15 days of receiving written notice of the pending sale of a mobilehome. The
pazk owner shall also provide the new mobilehome owner with any other document required by
California Civil Code section 798.75(a). (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.078 Right to mediate mobilehome resale price.
A. In line with the purpose of this chapter to maintain a supply of more affordable housing
choices in the mobilehome market, it is the goal and objective of the city that a current
mobilehome owner should not be able to command, due to limited mobilehome space
availability, a higher price for a mobilehome upon sale due to the fact that the rent is
regulated by the provisions of this chapter. The city council finds that there is currently no
evidence that overchazging for mobilehomes is a significant problem in Chula Vista, and that
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it has little, if any, significant effect on the supply of more affordable housing choices in the
city of Chula Vista, so as to require mobilehome resale price regulation by the city. The city
council finds that this is due, in part, to the annual permissive rent increases provided in this
chapter. The city council further finds that if, after time, it appears that the mediation
process offered by this section is inadequate to address any potential problem with
overcharging, it may reconsider more stringent control over mobilehome overcharging in the
future.
B. The park owner shall post the following notice in a prominent place, in the on-site office:
NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE
PRICE OF MOBILEHOME
A potential purchaser of a mobilehome has the right to mediate the
purchase price of a mobilehome, if you contend that the purchase
price is higher because of rent regulation, then the purchase price
might ordinary be without rent regulation.
In order to submit the purchase price dispute, based solely on the
grounds than the purchase price is more than would ordinarily be
without rent regulation, between yourself and your potential seller
to the Chula Vista Mobilehome Rent Review Commission for non-
bindingmediation your must:
1. Extend an offer to purchase the mobilehome, but not execute an
agreement to purchase;
2. Sign and file with the city the form requesting mediation prior to
executing a purchase agreement; and
3. Participate in the mediation process provided by the Mobilehome
Rent Review Commission.
C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome
resident contends that the price at which the mobilehome is offered by the current
mobilehome owner is higher because of rent regulation than the price of the mobilehome
without rent regulation, the new or prospective mobilehome owner has the right, upon tender
to the seller of an offer to purchase the mobilehome at a price acceptable to the new or
incoming mobilehome owner, to submit the price dispute to the Mobilehome Rent Review
Commission for mediation.
D. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the new
or prospective mobilehome owner, the Commission shall convene as soon as practical to hear
the dispute, not sooner than 10 days notice to the buyer and seller of the time and place at
which the mediation shall occur. If the Seller fails to appear, the Commission should hear the
complaint and evidence of the new or prospective mobilehome owner for the purpose of
creating a record of such abuses, if any. However, the Commission shall have no power to
set the resale price of a mobilehome with or without the presence of the parties.
E. The purpose of the mediation, and the sole jurisdiction of the Commission in the mediation,
is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome
as if the rents in the park were not regulated by this chapter. (Ord. 3195 § 1, 201 I ;Ord. 2862
§1, 2002).
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9.50.079 Findings regarding serious code violations.
A. The city council finds that there currently exists serious health and safety issues in certain
mobilehome parks within the city. These health and safety issues are particularly acute in the
older trailer parks in the city. In order to establish a minimal level of health and safety standards
which must exist in all mobilehome parks prior to any rent increase in excess of the annual
permissive rent increase, the city council finds that the violations listed in Appendix Two
constitute serious code violations which may not exist within a mobilehome park at the time of
the proposed rent increase.
B. The city council further finds that the provisions of this chapter provide for a sufficient
return on investment and allow for a sufficient period of time to allow park owners to meet the
minimal health and safety standards set forth herein. The city council finds that adoption of this
chapter does not constitute an action or inaction by the City which will result in the closure,
cessation or change of use of a mobilehome park. Except in these cases where the city council,
in its discretion, decides not to renew a conditional usepermit or zoning variance as provided for
in Government Code Section 65863.7(1), the city council finds that-any closure, cessation or
change in use of a mobilehome park occurring after the adoption of this chapter is the result of
the decision of the park owner, and, prior to any such closure, cessation or change in use, the
mobilehome park owner must comply with the provisions of Government Code Sections 65863.7
and 65863.8 as well as the provisions of the City's conversion ordinance, Chapter 9.40. (Ord.
3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.080 Notice of serious code violations.
In the event a park owner wishes to increase space rents in excess of the Annual Permissive Rent
Increase, he or she must first give notice to affected residents in compliance with the notice
requirements contained in CVMC 9.50.063. The notice of a rent increase in excess of the annual
permissive rent increase shall be in substantially the farm prescribed in Appendix One of this
chapter and shall include information regarding a review for serious code violations.
The pazk owner shall post, in a prominent place, copy of Appendix Two of this chapter so that all
residents are aware of those code violations which may create serious health, safety, and welfare
problems. Failure to maintain a posted copy of Appendix Two, or failure to provide the notice
required below in connection with any proposed space rent increase shall constitute a violation of
this chapter.
The requirements of this Section aze not applicable to those rent increases upon a change in
ownership of a mobilehome to remain in the park. (Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002).
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9.50.081 Proposed space rent increases at a time when there exist serious code
violations at park.
The city council finds that at times residents in parks have alleged that their rents are being
increased, even though the park is in a state where serious code violations which affect the
health, safety, and welfare of the residents exist. The city council further finds that park owners
should be required to operate and maintain their pazks in substantial compliance with applicable
codes and particularly in a manner which is not hazardous to the health, safety, and welfare of
the residents. Therefore, in order to encourage compliance with code requirements and to protect
the health, safety and welfaze of pazk residents, the city council finds that it is necessazy and
appropriate to establish a process to limit or prohibit increases in rents which are above the
annual permissive rent increase unless and until it has been reasonably determined by city staff
that no serious code violations as listed in Appendix Two hereto exist at the park which would be
hazardous to the health, safety, and welfare of the residents.
Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of
the annual permissive rent increase, the city shall schedule an inspection of the subject
mobilehome park consistent with Appendix Two within 21 calendar days of receiving a notice of
such rent increase. Subject to staffing limitations, city staff will make a determination within 30
calendar days of the inspection of the subject mobilehome park as to whether or not a serious
violation or violations exist within the park and whether it or they do adversely affect the health,
safety, and general welfare of residents. The notice of such determination shall be provided to
any homeowners association at the park, which is registered with the city, and to the park owner.
The park owner may meet with City staff to discuss the violation(s) determined to exist and
possible actions needed to cure such violation(s).
If a serious violation as specified above is determined to exist, the park owner may cure the
violation, in which case the rent increase will become effective upon such cure, after the 90 days
as specified in the notice of rent increase, or upon fixing of the space rents by the commission
whichever date or event last occurs and in compliance with CVMC 9.50.063. The park owner
will receive written notification from the city of the cure of any such serious violation as
determined by city staff. In the alternative, the matter of ariy alleged code violation shall be
considered as part of the heazing process on the proposed increase or the park owner may request
a heazing before the mobilehome rent review commission on the matter of the alleged violation's
relation to the proposed rent increase. The commission may take into consideration any code
violation which has not been resolved, in determining to what extent a rent increase, if any,
should be allowed. After making such determination, the commission shall fix the rent as
provided for in CVMC 9.50.082.
It is not the intent of this section to delay rent increases, but to attempt to resolve serious code
violations during the 90-day period required by state law prior to the effective date of any rent
increase. This section does not limit or preclude the city from proceeding in accordance with all
applicable laws against a park owner if it is found that a violation of code exists at the park.
Furthermore, any review of the specific code violations listed in Appendix Two is not intended
to substitute for the comprehensive inspection program for mobilehome/trailer parks
administered by the city in compliance with Title 25 of the California Code of Regulations.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
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9.50.082 Denial or partial reduction of rent increases based upon code violations.
The violations which may result in a denial or reduction in any proposed rent increase which is
in excess of the annual permissive rent increase are limited to those listed in Appendix Two.
Each year, the city shall send a copy of Appendix Two to each park for posting in a common
area as required above. Violations listed in Appendix Two hereto may be modified from time to
time by the city manager without necessity of additional ordinance by the city council.
In making a determination regarding whether to permit that rent increase which is in excess of
the annual permissive rent increase when serious code violations exist, the commission and city
staff shall have the discretion to work with a park owner to bring a park into compliance over a
period of time. If a park owner contends that immediate compliance would result in the
immediate closure of a park, the commission and city staff shall consider this contention and
address the issues of compliance on a case-by-case basis. However, the city council finds that
compliance with the minimal health and safety standards provided for herein will not result in
such closures. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.085 Compliance with law and posting and disclosure requirements.
A. Every mobilehome pazk owner shall comply with the provisions of the Mobilehome
Residency Law (Chapter 2.5, Section 798 of the California Civil Code), and the
provisions of this chapter. Also, a copy of the Mobilehome Residency Law and this
chapter shall be prominently posted in a common area of each park's premises at all
times.
B. In addition, the information contained in the disclosure below shall be provided as
follows:
When a mobilehome in a park is to be sold and it will remain in the park, the seller
shall show the disclosure to all potential buyers;
2. The park owner will provide a copy of the disclosure to a buyer of a mobilehome that
will remain in the park prior to signing of a rental/lease agreement; and
3. A copy of the disclosure acknowledged by the buyer shall be an addendum to every
rental agreement, copies of which shall be kept by both the park owner and resident.
MUNICIPAL CODE CHAPTER 9.50 ("RENT CONTROL") DISCLOSURE
Chula Vista Municipal Code Chapter 9.50, Mobilehome Park
Space Rent Review, governs all mobilehome park spaces for leases
of 12 months or less. For leases of more than 12 months, Chapter
9.50 does not apply, per Section 9.50.012 and State law.
Chapter 9.50 generally applies to, but is not limited to, rent
control measures. Of particular interest is Section 9.50.077, which
prohibits rental petitions upon change of ownership or space
vacancy.
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Once in place, existing resident rights are defined in Section
9.50.063, which details the noticing requirements for increases in
space rent. Please initial to acknowledge reading of each section:
(initiaq L I understand that in order to be eligible for rent
control within the City of Chula Vista my rental agreement terms
must be eligible under State law and meet the following criteria:
(1) the coach/trailer is owned by the resident; (2) the resident has a
valid space lease/rental agreement for a term of 12 months or less;
and (3) it is the resident's principal residence.
pnittaq 2. I further understand that under Section 9.50.030 I
must pay an administrative fee to have my space protected by rent
control. The City will send a bill in June of my first year of
residency and each subsequent June to receive the benefits and
services ("Rent Control") described below. Failure to pay the fee
means my space will not be subject to rent control- and the
information in the remainder of this disclosure will not be
applicable to my space.
pn;tiat) 3. If I receive a written statement of rental increase
where the "cumulative annual increase" (total rent increase for the
space within the past year) is greater than the applicable change in
the CPI, when the CPI is three percent (3%) or less, and 75 percent
of that change in the CPI above three percent (3%) I have the
rights to petition such increase to the City after attending an
informal meeting with the park owner where we shall attempt to
negotiate, in good faith, a fair rental rate.
(tnitiat) 4. If resolution to the rental dispute is not reached at
the informal meeting, I may request a hearing before the City of
Chula Vista Mobilehome Rent Review Commission for
enforcement of Chapter 9.SOwithin 30 days of receiving such
written statement of rental increase by submitting a Request for
Hearing Form to the City of Chula Vista, the address of which is
listed below.
A copy of the Mobilehome Rent Review Ordinance is available at
the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue,
Chula Vista, CA 91910 or one can be obtained from park
management.
Acknowledgment:
Mobilehome Owner Signature
Date:
Printed Name
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
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9.50.087 Implementation guidelines.
After a noticed public hearing, as it deems necessary, the Commission may adopt guidelines or
regulations to aid in the implementation of this chapter and to assure a fair hearing process.
(Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.090 Mobilehome resident's right of refusal.
A mobilehome resident may refuse to pay any increase in rent which is in violation of this
chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a
mobilehome space or to collect a rent increase. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.092 Retaliatory eviction.
In any action brought to recover possession of a mobilehome or mobilehome space, the court
shall consider as grounds for denial any violation of any provision of this chapter. Further, the
determination that the action was brought in retaliation for the exercise of any rights conferred
by this chapter shall be grounds for denial. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.100 Civil and administrative remedies.
A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in
excess of the maximum rent allowable by this chapter shall be liable in a civil action,
including unlawful detainer, to the person upon whom the demand was made or from whom
the rent was accepted in an amount of up to triple the amount of such improperly collected
rent, and for such reasonable attorney's fees and costs as may be determined by the court.
B. Administrative Action. In the event any owner is determined, after a duly noticed heazing by
the mobilehome rent review commission, to have willfully and improperly collected rents or
other fees or charges, the commission may, on the basis of evidence received at such hearing
supporting a determination that such rents, fees or charges were willfully and improperly
collected, require a reduction in rent or a reimbursement of such improperly collected rents,
fees, or charges, in an amount of up to triple the amount of such improperly collected rents,
fees or charges. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.102 Criminal Remedies.
Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not
more than a $1,000 or by imprisonment in the county jail for a period of six months in jail or by
both such fine or imprisonment. The following nonexclusive acts, without limitation due to
enumeration, shall constitute a criminal violation of this chapter, including the owner of a park if
done by an owner's agent with the knowledge or consent of the owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by
this chapter, including the demanding of rent waived under the provisions of CVMC
9.50.075(E), except that demands for annual increases in rent and negotiations for rent
permitted under this chapter shall not be deemed illegal.
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B. Knowingly commencing, or threatening to commence, or maintaining an eviction or
unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the
amount fixed pursuant to this chapter. (Ord. 3195 §1, 2011; Ord. 2862 §1, 2002).
9.50.115 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
invalid or unconstitutional, such portion shall be deemed a separate and independent provision and
such decision shall not affect the validity of the remainder. (Ord. 3195 §1, 2011; Ord 2862 §1,
2002).
APPENDIX ONE
NOTICE -RENT INCREASE IN EXCESS
OF THE ANNUAL PERMISSIVE RENT INCREASE
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING
BY THE MOBILEHOME RENT REVIEW COMMISSION
WITHIN THIRTY DAYS, THIS INCREASE SHALL BE
AUTOMATICALLY EFFECTIVE ON (DATE) [Not sooner than
ninety days after date of notice.], EXCEPT AS PROVIDED IN
SECTION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING
REQUIREMENTS CONTAINED THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in
Section 9.50.050 of the City of Chula Vista's Municipal Code. An annual rent increase of the
percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month
period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three
percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) is
allowed without a right to a hearing of the Commission. The CPI is % and the annual
permissive rent increase is %. This increase is _% of your current rent.
Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code
specifies that rents in excess of the annual permissive rent increase as set forth in Section
9.50.050 cannot be automatically increased for any park when there exists serious violations of
applicable codes, as specifically listed in Appendix Two to Chapter 9.50.
Under the city's Municipal Code, you are entitled to the following rights:
1. Informal Meeting. I am required to hold a meeting with the residents to discuss the general
reasons for the increase. The meefing will be at [state time (must be
within ten days) and place (should be at mobilehome park)]. Under the City's ordinance,
owners and residents are encouraged to attempt to resolve differences and reach a voluntary
agreement regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066.
You may file for such hearing only if you or your representative attends the meeting to discuss
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the increase. To file for such hearing you must deliver the request for Hearing form to the
City within thirty days of the date this notice is served on you.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the pazk owner and the City notification that you have elected to be
represented at such meeting by another party and stating the name of your representative.
3. Failure to Attend Informal MeetinE. If a resident does not attend this meeting or is not
represented by someone, he or she shall have no right to a hearing but may rely on other
residents of the mobilehome park to cause a public hearing to be scheduled. In the event a
request for hearing is initiated, the action will include the rent increase issues with regard to
all the affected residents.
4. Review of Serious Code Violations. In order to establish a minimal level of health and
safety standards which must exist in all mobilehome parks prior to any rent increase in
excess of the annual permissive rent increase, the City will conduct an inspection of this
mobilehome park in compliance with the requirements of Section 9.50.079 and based upon
Appendix Two. A list of the specific code vio]ations which apply may be obtained from the
City during normal business hours, and is required to be posted in a common area of each
park's premises at all times.
The City will provide notice of its determination as to whether or not a serious violation or
violations exist at the mobilehome park and whether it or they do adversely affect the health,
safety, and general welfare of residents to any homeowners association at the park, which is
registered with the City, and to the park owner. It is the City's intent to attempt to resolve
serious code violations during the 90-day period required by State law prior to the effective
date of any rent increase. Sections 9.50.080 does not limit or preclude the City from
proceeding in accordance with all applicable laws against a park owner if it is found that a
violation of code exists at the pazk.
The following space numbers are subject to this increase: [insert numbers of affected spaces].
If you have questions, or need more information regarding the hearing process or serious code
violations, you can call the City at (619) 585-5722.
Park Owner/Manager Date
11-60
REQUEST FOR HEARING
Rent Increase In Excess
Of The Annual Permissive Rent Increase
The undersigned hereby requests a hearing before the Mobilehome Rent Review Commission
with regard to a proposed rent increase described in the attached notice -Rent Increase in excess
of the annual permissive rent increase relating to the Mobilehome
Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the
park owner.]
The undersigned is a resident of the park and has attended a meeting with the park owner , or
sent a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal
Code. The dispute has not been settled. The undersigned has also paid the administrative fee
required under Section 9.50.030.
It is understood that this request is irrevocable and that it may be relied on by other residents of
the mobilehome pazk to cause a public hearing to be scheduled, and that the Mobilehome Rent
Review Commission will schedule a public hearing to consider the proposed rent increase, taking
into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and
that the decision of the Mobilehome Rent Review Commission shall be applicable to all affected
homeowners and shall be final and binding.
Signed
Print Name
Address
Telephone No.
Date
[The completed form must be delivered to the City of Chula Vista, Attn: Mobilehomes, 276
Fourth Avenue, Chula Vista CA 91910]
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APPENDIX TWO
MOBILEHOME PARK
CODE VIOATIONS WHICH MAY CREATE SERIOUS
HEALTH, SAFETY, AND WELFARE PROBLEMS
INDIVIDUAL SPACES -Exterior only
A. All lots shall be numbered in a conspicuous location facing the interior roadway.
[Section 1104(a)]
B. Power sources and plumbing adequately supplied, supported, and protected.
[Sections 1170, 1182, and 1280]
C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
THE FOLOWINGAPPLY TO PARK GROUNDS -NOT INDIVIDUAL SPACES
PARK IN GENERAL -not individual spacesflots
PARK GROUNDS
A. Clearly identify park address at street [CVMC Section 12.48.030]
B. Emergency information posted in conspicuous place. [Section 1686]
C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if park
constructed prior to 9-15-61. If parking is allowed on one side of roadway,
minimum clearance is 32 feet, and if parking is permitted on both sides of
roadway, a minimum clearance of 40 feet is required. If there is some type of
curb divider, each side must be a minimum of 15 feet. [Section 1106]
D. Maintain proper grading and drainage (Accumulation of water) [Section 1610(a)]
E. Adequate refuse/rubbish disposal. [Section 1610 (d)]
F. No illegal dischazge of liquid or solid wastes (CVMC 19.66.150)
PERMANENT BUILDING STRUCTURES
G. Any new structures or work to have required permits [Section 1018(a)]
H. Maintenance sufficient to assure minimum life and safety standards [Section
1636]
I. Water heater properly installed and vented [Uniform Plumbing Code Sections
508.0, 512.1, and 608]
J. Required lighting in public toilets, showers, and laundry facilities [Section 1612]
K. Conformance with the California Fire Code (CFC):
1. Exit Doors (CFC 2501.8)
2. Aisles (CFC 2501.9)
3. Seating (CFC 2501.10)
4. Exit ways must be free of obstructions [CFC 2501.11 ]
5. Fire extinguishers shall be maintained in good repair. [CFVC 2501.13] .
6. Exits shall be identified and lighted [CFC 2501.15, 1211 and 1212]
7. Room capacity shall be posted [CFC 2501.16.1]
UTILITIES
L. All electrical equipment outside permanent buildings shall comply with
requirements of the California Electrical Code (CEC). [Section 1134(a) and
1384]
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M. All overhead electrical supply and conductors and supporting structures shall
comply with requirements of the California Public Utilities Commission Rules for
Overhead Electrical Line Construction. [Section 1134.(b) & (c)]
N. Connections adequately protected if subject to potential damage by vehicles, etc.
[Sections 1228(a) and 1280]
O. All electrical switches, circuit breakers, receptacles, lighting fixtures, control
equipment, and metering devices located in wet places or outside of a building
shall be rain-tight type equipment. [Section 1170(a)]
P. Sufficient space around electrical equipment to permit ready and safe operation.
[Section 1646(a)(b)]
Unless otherwise noted, all Section references aze found in Title 25 of the California Code of
Regulations.
The city of Chula Vista shall provide a copy of all referenced code sections to all park owners
and/or their agents. Copies of these referenced code sections shall be maintained at all times at
the on-site Manager's office and may be viewed during normal business hours by any and all
residents.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
SECTION III: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Approved as to form by
,,~ ,
Gary Halbert, P.E. AICP Glen R. Googins
Assistance City Manager/ Development City Attorney
Services Director
11-63
RESOLUTION NO. 2013-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING MOBILEHOME PARK SPACE -
RENT REVIEW ADMINISTRATIVE FEE REGULATIONS
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
"Mobilehome Park Space -Rent Review," as allowed by Mobilehome Residency Law, and
amended the Chapter to its current form on July 19, 2011; and
WHEREAS, the ordinance amendments took effect August 18, 2011 and established an
administrative fee to provide a limited segment of the public, specifically mobilehome residents,
per 9.50.030, the ability to obtain unique services and benefits available to them only under
Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and
exceeding the annual permissive) which results in reduced rents and related ombudsman
services; and
WHEREAS, the City adopted the regulations for the collection of such fee from the
mobilehome residents per 9.50.030, known as "Mobilehome Park Space -Rent Review
Administrative Fee Regulations," on February 14, 2012; and
WHEREAS, the City now desires to update the "Mobilehome Park Space -Rent Review
Administrative Fee Regulations," to clarify and streamline the noticing requirements and process
upon change of ownership and the annual eligibility and billing process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby amends the "Mobilehome Park Space -Rent Review .Administrative Fee
Regulations" in substantial form.
Presented by:
Gary Halbert, P.E. AICP
Assistant City Manager/Director of
Development Services
Approved as to form by:
G en R. Googins
City Attorney
11-64