HomeMy WebLinkAbout1991/04/23 Item 22
COUNCIL AGENDA STATEMENT
Item
Meeting Date
22
4/2391
ITEM TITLE: ORDINANCE 2.I/S1 Adding Chapter 2.31 and
amending Chapter 9.50 of the Municipal Code
relating to Mobile Home Parks and creation of
the Mobile Home Rent Review Commission
L..
SUBMITTED BY: Community Dev~~~pment DirectorG-~'
City Attorney \IF'
REVIEWED BY:
City Manage~
(4/5ths Vote: Yes___No-K-)
At the present time, the City has a rent arbitration
ordinance which provides a mechanism for park residents to
appeal a rent increase when the increase exceeds the
percentage increase of the Consumer Price Index (CPI) for
any twelve month period. The appeal is to the American
Arbitration Association who after reviewing the rent
increase would be authorized to make a binding decision upon
the park residents and the park owner.
Since the adoption of the ordinance, only one park has gone
through the process. In this case, the arbitrator ruled
partially in favor of the park residents. The residents
then must petition to the San Diego County Superior Court
for the judge to affirm or deny the award. When the park
residents petitioned the court, the judge ruled that the
City's ordinance was unconstitutional and therefore did not
confirm the petitioners award. The basis for his ruling was
that the City had unlawfully delegated its police power
authority to the American Arbitration Association, a
private entity, by making it the final decision making power
of the city. The recommended Municipal Code changes address
this issue and other issues relating to the efficacy of the
ordinance.
RECOMMENDATION: That the City Council approve the
Ordinance amending Municipal Code Chapter 9.50 relating to
Mobile Home Park Space Rent and adding Chapter 2.31 to the
Municipal Code relating to Creation of the Mobile Home Rent
Review commission.
BOARDS/COMMISSIONS RECOMMENDATION: The Mobile Home Issues
Committee at their meeting on March 26, 1991 voted
unanimously to recommend approval of all of the proposed
amendments as contained herein. On April 2, 1991, the
Committee convened to further discuss the "safe harbor"
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Meeting Date
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4/23/91
provision. At that meeting, the three park owners indicated
that they prefer a 67% (or two-thirds) as opposed to a 90%
provision. Two residents said they are satisfied with 90%
and two were opposed to any "safe harbor" provision. The
Committee contemplated a "safe harbor" provision, however,
staff has reviewed this item further and recommends that
such a provision not be approved, and the proposed ordinance
does not contain it.
DISCUSSION:
Due to a variety of reasons, including especially an
unsuccessful experience with the arbitration process, and a
jUdge's determination that the ordinance in its present form
is unconstitutional, staff is proposing the following
amendments:
1. section 9.50.010 APPLICABILITY
Staff proposes a time limit be imposed in which the rent
dispute be resolved. The proposed 120-day limitation should
be an adequate amount of time for the dispute resolution
process to be completed. The intent is to avoid the
recurrence of a long term dispute process as in the case of
Bayscene Mobile Home Park which has taken more than 2 years.
2. section 9.50.030 DEFINITIONS
Staff recommends that a park owner have the opportunity to
"pass-through" certain fees which are presently considered a
part of space rent. The allowable pass-throughs would be
for increases in rates for owner-provided utilities and
government assessments. These pass-throughs do not increase
a park owners profit; but, reimburse for direct expenditure
for these specific items. The park owner would be required
to demonstrate the actuality of these expenses to any park
resident who requested such proof. The pass-throughs would
not affect the maximum rent increase permitted by the CPI
limitation.
3. section 9.50.070 INITIATION OF SPACE RENT REVIEW
Adding Items F and G 1 imi ts the arbitrator 's authority by
making his/her decision advisory to the Mobile Home Rent
Commission. This new Commission would be empowered to
affirm, modify, or revoke the arbitrator's decision. This
process would put the city more in control, and cure the
alleged misuse of the police power by making the commission
a City authority for the purpose of Mobile Home rent
disputes. It is recommended that the Commission be
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Meeting Date
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comprised of 7 voting members, one Mobile Home park resident
ex-officio and one mobile home park owner ex-officio.
4. Ordinance Section I Addition of Chapter 2.31
In order to bring the process more under City control, and
to address the constitutionality issue of the Rent
Arbitration Ordinance, it is recommended that a Mobile Home
Rent Review Commission be established. In order to create
this commission, Chapter 2.31 needs to be added to the
Municipal Code. In addition to resolving rent disputes, the
Commission will become the city's "official" advisory body
for Mobile Home park issues. We understand that both owners
and tenants desire to keep the Mobile Home Issues Committee
operation, to provide Council their views in addition to
these of the new Commission, on non-rent dispute mobile home
park issues. The City Manager will assign Community
Development staff to provide staff support to the new
Commission.
The Commission's purpose is to be the official City body to
review rent disputes in Mobile Home parks within the City.
The commission would have the authority to affirm, modify,
or revoke the arbitrator's decision. The commission's
decision is final, reviewable only by the courts, which
satisfies the requirements of "due process".
5. Housekeepinq Chanqes
In addi tion to the above mentioned changes, a few
"housekeeping" changes are recommended basically relating to
the format of the ordinance.
Conclusion
The intent of the ordinance is to provide a process in which
park residents may appeal rent increases. The recommended
changes allow this to be accomplished in an equitable manner
for both the residents and park owners. The changes also
will bring the dispute resolution process more under the
authority of the city than the current process, which
alleviates the concern that a misuse of police power may
exist in the present ordinance.
FISCAL IMPACT: Not applicable.
(mobile)
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ORDINANCE NO. 2451
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.31 AND AMENDING VARIOUS SECTIONS OF
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO MOBILEHOME PARKS AND CREATION OF
THE MOBILEHOME RENT REVIEW COMMISSION
The city Council of the City of Chula vista does ordain as
follows:
SECTION I. That Chapter 2.31 is added to the Chula vista
Municipal Code to read as follows:
Chapter 2.31 MOBILEHOME RENT REVIEW COMMISSION
Section 2.31.010 Creation.
There is hereby created a Mobilehome Rent Review Commission.
section 2.31.020 Purpose and Intent
It is the purpose and intent of the City Council in
establishing the Commission is to create an advisory body to
provide an independent review of the disputes over rent increases
in mobilehome parks within the City of Chula vista under Chapter
9.50.
section 2.31.030 Functions and Duties
The functions and duties of the Commission shall be as
follows:
A. Pursuant to Chapter 9. 50, act as the "due process" unbiased
decisionmaker regarding mobilehome park rent disputes.
B. Adopt rules and regulations to procedurally administer hearings
under Chapter 9.50 to determine whether the park owner's rent
increase in excess of the applicable cost of living increase is a
fair return on the park owner's property.
C. Consult with and provide advice to the City Council and City
Manager on matters relating to mobilehome parks.
section 2.31.040 Membership.
A. Number of Members.
The Commission shall consist of seven (7) Voting Members, a
Staff Ex-officio Member and up to three (3) General Ex-officio
Members.
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B. Designation of Members.
1. Voting Members.
The voting Members shall be appointed by the city council from
the qualified electors of the City in accordance with section 600
et seq. of the Charter. No member shall own or be a tenant in a
mobilehome park.
2. Staff Ex-officio Member.
The City Manager or his/her designate representative shall be
an ex-officio member of the commission, who shall not be required
to be a qualified elector of the City, but who shall have no vote
("Staff Ex-officio Member").
3. General Ex-Officio Members.
The City council, or its designee, may appoint not greater
than three (3) additional ex-officio members of the Commission, who
shall not be required to be qualified elector(s) of the City, but
any such appointed ex-officio members shall have no vote ("General
Ex-Officio Member"). The Council shall appoint one ex-officio
member who shall be a tenant in a mobilehome park within the city
at the time of appointment and throughout the member's term. The
Council shall also appoint one ex-officio member who shall be an
owner of a mobilehome park at the time of appointment and
throughout the member's term.
section 2.31.050 Term of Office.
A. Term of Office--All Classes of Members.
1. Post-Initial Terms.
Except as otherwise provided in this Subsection A, the term of
office of all members, and all classes of members, of said
Commission shall be for a nominal period of four (4) years, and
shall terminate on June 30th of the fourth year of their term,
unless they shall otherwise sooner resign, die, become disqualified
or incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwithstanding subsection A.I., the Initial Terms shall
commence upon appointment and shall conclude, for one (1) Voting
Member on June 30, 1992; for two (2) Voting Members on June 30,
1993; for two (2) Voting Member members on June 30, 1994; and for
two (2) voting Members on June 30, 1995, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
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1993; for two (2) voting Member members on June 30, 1994; and for
two (2) Voting Members on June 3D, 1995, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
a. Assignment to Initial Terms by Lot.
voting Members shall be assigned to Initial Terms by lot
at the first regular meeting at which all Voting Members are
present, but in any event not later than the third month after
initial appointment of the 7th Voting Member.
3. General Ex-officio Member.
The term of General Ex-officio members shall be for a period
of four years from the time of appointment.
4. Staff Ex-officio Member.
The term of the Staff Ex-officio Member shall be indefinite.
5. Holdover Office.
Notwithstanding the end of any Member's Initial Term or Post-
initial Term as herein provided, a Member, other than the Staff Ex-
off icio Member, shall be permitted to continue to exercise the
privileges of the former Office after the end of the term until the
Office to which he or she was assigned is filled by re-appointment
or by the appointment of a qualified successor to Office.
6 . Vacancies.
Notwithstanding the term of Office to which a Member is
assigned, said Office shall be deemed vacant upon any of the
following events ("Event of Vacancy"):
a. The death or disability of said Member that renders
said Member incapable of performing the duties of Office.
b. The termination of status as Member of the Commission
or the classification which was assigned to be represented on the
commission.
c. The member's conviction of a felony or crime
involving moral turpitude.
d. The member's absence from three (3)
consecutive meetings of the Commission, unless excused by
vote of such board or commission expressed in its official
regular,
majority
minutes.
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e. The member has submitted a resignation which
resignation has been accepted by the City Council.
f. The membership has been terminated by a majority vote
of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove listed,
the City Council shall so declare the Office to be vacant, and
shall expeditiously take such steps as are necessary to fill said
vacancy.
B. Number of Terms.
1. Voting Members.
a. No Voting Member shall be appointed to more than two
(2) terms except as herein provided.
b. A Voting Member assigned to an Initial Term of less
than two (2) years may be appointed at the natural expiration of
their Initial Term to two (2) terms in addition to their Initial
Term. A voting Member who currently occupies an Office under an
Initial Term may not be appointed to fill the Unexpired Term of
another Office which has become vacant.
c. A Voting Member appointed to the Commission to fill
the unexpired term of an Office of a Voting Member which has become
vacant ("Unexpired Term") which has less than two (2) years
remaining on said Unexpired Term, may be appointed to two (2) terms
in addition to their Unexpired Term. A Voting Member who currently
occupies an Office may not be re-appointed to fill the Unexpired
Term of another Office which has become vacant.
successive
Membership
officio.
d. Any member may be re-appointed after two (2)
years of not serving on the Commission in any Office or
capacity--Voting, General Ex-officio or staff Ex-
2. General Ex-officio Members.
General Ex-officio member may be reappointed without
limitation as to number of terms.
3. Staff Ex-officio Member.
The Staff Ex-officio member shall serve at the pleasure of the
city council.
section 2.31.060 Operation of Commission.
A. Time of Meetings.
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1. "Organizational Meeting". Among such other meetings as
the Commission may desire to have, the Commission shall meet not
later than in the first week of July each year ("organizational
Meeting"), and thereupon shall do the following:
a. Select a Chairperson and a Vice chairperson from
among its voting Members to serve for a period of one (1) year.
b. Assign such duties to its members as it determines
may be necessary.
c. Deliberate upon agenda issues for further
deliberation and discussion by the Commission.
2. Other Meetings. The Commission shall meet at such other
times as it shall establish by majority vote, or at such time as
the Chairperson thereof may call, or at such times as a majority of
the members thereof may call a meeting.
B. Place of Meetings.
Unless the Commission shall otherwise establish another
regular place for its meetings and advise the City Clerk
accordingly, the Commission shall meet in the Council Conference
Room in the Administrative Building at the City Hall Complex
located at 276 Fourth Avenue, Chula vista, or at such other place
as may be posted upon the door of said Conference Room at least
thirty (30) minutes in advance of the Meeting.
C. Conduct of Meetings.
The meetings of the Commission, and notice thereof, shall be
governed by the same rules and regulations by which the City
Council is bound in the conduct of public meetings.
D. Quorum.
Four Voting Members shall constitute a quorum for the
transaction of business.
E. Resolutions.
The affirmative vote of
shall be required for the
Commission.
a majority of the entire membership
passage of any resolution of the
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff Support.
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All officers and department heads shall cooperate with and
render reasonable assistance to the commission. The city Manager
may make available staff and clerical support to the Commission to
fulfill its functions and duties, provided such staff and clerical
support is available.
H. Rules and Regulations.
The Commission may make such rules and regulations not
inconsistent with the provisions of this Chapter.
SECTION II: The title of Chapter 9.50 is amended to read
MOBILEHOME PARK SPACE-RENT REVIEW AnBIT~~TION.
SECTION III: section 9.50.010 of the Chula vista Municipal
Code is amend to read:
section 9.50.010 Applicability.
This chapter shall apply to a mobilehome that requires a permit
to be moved on a street or highway.
The procedures contained in this chapter are intended to provide
a mechanism for the resolution of disputed increases in rents by
making it advantageous for mobilehomes owners and mobilehome park
owners to establish a better understanding for each other's
positions which will result in agreement on the amount of rent to
be charged. A binding arbitration provision is provided for. 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 of completing the arbitration
process within sixty (60) days of the serving of the notice of rent
increase. and that the entire dispute resolution process be
completed within one hundred-twentv (120) davs followinq receipt of
the notice of space rent increase. This chapter shall not applY to
leases exempted bv civil Code section 798.17 ("Green Bill" leases).
SECTION IV: That section 9.50.030 of the Chula vista
Municipal Code is amended to read:
9.50.030 Definitions.
Words used in this chapter shall have the meaning described to
them in this section:
A.h "Space rent" means the consideration, including any bonus,
benefits, or gratuity demanded or received in connection with the
use and occupancy of the mobilehome space in a mobilehome park, or
for the transfer of the lease for parkspace, services,
owner-provided utilities, and amenities, subletting and security
deposits, but exclusive of any amounts paid for the use of the
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mobilehome dwelling or of major capital improvement or other
allowable pass-throughs as defined in this ordinance.
B7h- "Mobilehome" means a mobilehome as defined in the California
Mobilehome Home Residency Law.
C3-.- "Mobilehome park owner" or "Owner" means the owner, lessor,
operator, manager of a mobilehome park within the purview of this
ordinance.
D40- "Mobilehome resident"~ or "resident" means any person
entitled to occupy a mobilehome dwelling unit by virtue of
ownership thereof.
E5-.- "Dispute" or "controversy" means a disagreement or difference
which is subject to the arbitration process.
F6-.- "Consumer price index" or "CPI" shall mean the all urban
consumers/all items component of the San Diego Metropolitan Area U
(broader base) consumer price index.
Gh "Major Capital Improvement Pass-Through" means a separately
identified monthly charge to residents which represents the
repayment of a cost for a major capital improvement with the
following characteristics:
1a-.-
$10,000.
Said improvement shall have a cost of more than
2-e. Said improvement shall be exclusive of maintenance or
replacement of existing facilities.
3~ Said improvement shall have been approved in concept by
more than fifty percent (50%) of the mobilehome spaces within the
mobilehome park after all spaces in the park have been informed of
the nature, general design, timing, and overall cost of said
improvement, and the amount and duration of the related
pass-through.
H. "Other Allowable Pass-Throuqhs" means separatelv billed utility
service fees and charqes excluded from rent in accordance with the
provisions of civil Code section 798.41: increases in rates of
owner-provided utilities: and qovernmental assessments such as
real property taxes. license fees. and assessments for municipal
services or improvements Copies of bills. invoices. or other
appropriate supportinq documentation shall be kept on file in the
park owner's on-site business office. and made available for review
bv affected residents upon reasonable request at anv time durinq
normal business hours.
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SECTION V: That section 9.50.050 of the Chula vista Municipal
Code is amended to read:
section 9.50.050 Owner Meetings and possible Voluntary
Negotiations.
within five days, but not more than 10 days, after service of
a notice of increase as provided in Section 9.50.065, the park
owner must hold an informal meeting for the benefit of the affected
residents to discuss his or her 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 residents.
The residents shall have the option to choose whether or not
to attend the meeting. Attendance at the meeting shall not affect
the residents' right to arbitrate under Section 9.50.070 of thio
Chapter.
SECTION VI: That Section 9.50.065 of the Chula vista
Municipal Code is amended to read:
Sec. 9.50.065 Notice of rent increase.
& In any situation where a mobilehome park owner wishes to
increase the space rent above the applicable CPI, he or she must
first give notice to affected residents. at the same time the sixtv
(60) dav notice required bv civil Code Section 798.30 is qiven. as
follows:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY DAYS, THIS
INCREASE SHALL BE AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the
percentaqe increase currcRt aRRHal ratc of the Consumer Price
Index (CPI) for the most recent twelve (12) month period. as
reported bv the Bureau of Labor statistics. precedinq this notice
~ The CPI is % and this increase is % of your current rent.
Under the City'S Municipal Code, you are entitled to the following
rights:
1. '1'0 this cRa, I am required to hold a meeting with the
affected residents to discuss the reasons for the increase. The
meeting will be at (time and place). You are encouraged to attend
but are not required to do so. Under the city's ordinance, owners
and residents are encouraged to attempt to resolve differences
regarding this increase.
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2. You have the right to file for arbitration with the City's
community Development Department. You may file for arbitration
whether or not you attend the meeting to discuss the increase. To
file for arbitration, you must place a deposit of $ with the City's
Community Development Department within thirty days of the date
this notice is served on you. If you do not place the deposit, you
forfeit your right to arbitrate the rent increase.
If you or other affected residents are lower-income (below
$13,000-$15,000 per year), you may be eligible to receive
assistance with part of the cost of arbitration from the City's
community Development Department. If you have questions regarding
arbitration or need more information, you can call the city at
691-5047.
This increase is in addition to the followina allowable
pass-throuahs: r identifv type and amount of maior capitol
improvement or other allowable pass-throuahl
The following space numbers are subject to this increase: rinsert
numbers of affected spacesl
Bh If the residents within the affected mobilehome park have
established a representative body and notify the owner ln writing
of its existence, a copy of the rent increase notice must be sent
to the chairperson of that body.
Ci!-.- A copy of the rent increase notice must be given to the
Community Development Department of the city of Chula vista at the
same time as leaat 15 days ~rior to issuance of the notice to the
residents. E:taff \lill ~revide co~ieo to tHe r1eJsilcHolRe Iooueo
cSlI\il\ittee.
D~ The rent increase notice must contain the space numbers of all
residents who are subject to the increase which is above the amount
of the applicable CPl.
E4. The notice shall advise recipients that a deposit of 25% of the
estimated cost of arbitration shall be made within thirty (30) days
of the date of service of notice or the right to arbitration is
waived. The deposit shall be made with the Director of Community
Development.
SECTION VII: That section 9.50.070 of the Chula vista
Municipal Code is amended to read:
section 9.50.070 Initiation of space rent review arlsitratieR.
~ In any situation where the space rent percentaae increases in
a twelve month period exceed cumulatively the percentaae increase
of the consumer price index ao defiRed HereiR for tHe year ,as
reported bv the Bureau of Labor statistics for the most recent
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twelve (12) month period preceding the rent increase notice, the
following procedures shall apply unless the owner receives written
consent to the increase from more than 50% of the spaces affected
by the notice of increase. The owner must file the original of the
written consent with the Community Development Department and
notify the residents that this has been filed.
~t. Residents shall be required within thirty days of the date of
service of the notice of increase to deposit with the city
Community Development Department 25% of the estimated arbitration
cost for one day of arbitration. Arbitration shall begin in not
less than 20 days nor more than 30 days after the date of service
of the notice of increase, provided the residents' deposit has been
made.
~~ Upon receipt of the residents' deposit and notification to the
park owner, the park owner shall have 7 days to provide a deposit
which shall be equal to 75% of the estimated cost for one day of
arbitration. The park owner shall siqn an appropriate document
submittinq the dispute to arbitration when makinq the deposit.
J2...3-.- The cost of arbitration including costs incurred by the
American Arbitration Association in cases where a settlement is
reached prior to any hearing will be shared. The owner shall be
responsible for 75% and the residents responsible for 25% of the
first $750. Any costs of arbitration above $750 shall be shared
equally by both parties. Additional costs above the amount of
deposit shall be due and payable subject to the requirements of the
American Arbitration Association.
~4T The arbitration shall be conducted according to the applicable
rules of arbitration of the American Arbitration Association and
under the auspices of the American Arbitration Association.
~50 The decision of the arbitrator shall be BiRsiR~ advisorv to
the Mobilehome Rent Commission and shall be applicable to all
mobilehome residents subject to the rent increase being reviewed
arbitrates. Factors to be considered shall include but not be
limited to a just and reasonable return on the owner's property.
The burden of proof shall be on the park owner to demonstrate that
the rent increase is necessary to provide a just and reasonable
return on the property. The arbitrator's decision shall be
submitted to the Mobilehome Rent Commission within thirtv (30) davs
from the beqinninq of arbitration.
~~ The arbitrator's decision shall be submitted to the city's
Mobilehome Rent Commission CeuReil.. which shall affirm. modify. or
revoke the arbitrator's decision at a public hearinq held within
sixtY(60) days followinq such submission. The parties may stipulate
to merelY a review of the record at arbitration. or either side may
request a "de novo" hearinq bY the Commission. If a de novo
hearinq is requested. it shall be conducted in accordance with
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procedures adopted bv the Commission which satisfY the reauirements
of "due process" and will constitute a hearina at which evidence is
reauired bv law. so that the Commission's decision is reviewable bv
the courts bv a writ of administrative mandamus pursuant to Code of
civil Procedure section 1094.5.
~ writteR iRfsrmatisR submitted to the City CouRci1 BY the
arl3itrator shall be maiRtaiRed at city Hall.
~~ In the event that the owner reduces the rent increase to the
applicable CPI, or more than 50% of the affected residents agree in
writing to settle the dispute, the review arbitratioR process
automatically terminates.
I. ~ The review process Arl3itratisR shall also be applicable to
the situation where space rent is increased upon change of
ownership of the mobilehome or removal of the unit. Either the
incoming or outgoing owner-occupant shall have the right to
arbitrate.
If an outgoing mobilehome owner intends to sell his or her
mobilehome, he or she may request, and the owner shall be
obligated to provide within 15 days of the request, a written
statement as to the rental rate to be offered to the incoming
owner-occupant. If the rate of increase in rent to the new
owner-occupant is above the amount of the applicable CPI as
provided in subsSection 9.50.070 A, then either the current
resident or incoming resident shall have the right to review
arl3itrate the increase under the provisions of this subsSection
9.50.070. That ~ right to arbitrate is subject to the outgoing
or incoming resident placing a deposit pursuant to subsSection ~ B
above, within 30 days of either (a) service of the owner's written
statement to the outgoing resident or (b) the date of execution of
a purchase contract between the incoming and outgoing residents,
whichever is ~ la~ter.
The park owner's statement shall contain the following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY MANNER, THIS
INCREASE SHALL BE AUTOMATICALLY EFFECTIVE UPON THE SALE OF YOUR
MOBILEHOME.
This is a statement of space rent increase which exceeds the
percentaae increase currcRt aRRual rate of the Consumer Price Index
(CPI) for the twelve (12) month period. as reported bv the Bureau
of Labor statistics. precedina this statement. The CPI is % and
this increase is % of your current rent. This increase is in
addition to the followina allowable pass-throuahs: r identifY type
and amount of maior capitol improvement or other allowable
pass-throuah 1
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Under the City's Municipal Code, either the outgoing or the
incoming resident frEe is entitled to file for arbitration with the
city's community Development Department. In order to arbitrate,
you must place an arbitration deposit of $ with the City's
Community Development Department within thirty days of the date
this notice is served on you or the date of execution of a purchase
contract on the mobilehome. If you do not place the deposit, you
forfeit your right to arbitrate the rent increase.
If you are low income (below $13,000-15,000 per year), you may be
eligible to receive assistance for part of the cost of arbitration
from the City's Community Development Department. If you have
questions regarding arbitration or need more information, you can
call the City at 691-5047.
SECTION VIII: That section 9.50.090 of the Chula vista
Municipal Code is repealed:
9.50.898 Deferral of ReRt IRcreaaea.
11'1 aRY saae uhere a propoaed reRt iRcrease elweeaiR~ the CPI, as
provided hereiR, ia aubjeet te aiapute aaid Clweaa iRcreaae ahall
Rot become effective uRtil the arbitratioR proceae hac beeR
compliea .lith iR accoraaRce .lith the provieioRs sf Ohapter 9.58
previaea, hs..'e7er, aR increase in the amouRt of the cpr may ta]cc
effect illl!lleaiately aRa eRly the amouRt iR elcceoo thereef shall ae
deferrea ~ntil the eempletieR of the arbitration preeees.
SECTION IX: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Chris Salomone, Director of
Community Development
Bruce M. Boogaard, City
Attorney
c:\mobilehome5
12
J.z. ..II,