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HomeMy WebLinkAboutOrd 1982-1972 1972 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA DECLARING A MORATORIUM ON RENTAL INCREASES ON MOBILE HOME SPACES WITHIN THE CITY OF CHULA VISTA FOR A PERIOD FROM FEBRUARY 16, 1982 TO MAY 11, 1982 The City Council of the City of Chula Vista, California hereby finds and determines as follows: 1. In recent months there has been an increase in concern on the part of public officials and citizens of Chula Vista regarding the existence of a housing shortage and exorbitant rent increases in residential rental housing in this city. 2. The problem is especially acute in mobile home hou s i ng. 3. Mobile home housing forms a substantial proportion of the housing in the city. 4. There is a critically low vacancy rate in mobile home housing of less than 1% and there are rising exorbitant rents exploiting this situation. 5. Mobile home tenants are being exploited by signifi- cant rent increases because of the relatively permanent nature of their homes, the high cost of relocation and the difficulty of finding an alternative space make it almost impossible to move. 6. This condition is having a detrimental effect on the lives of a substantial number of citizens of the City, many of whom are senior citizens who live on fixed incomes and spend a substantial portion of their income on rent and is endangering the health and welfare of such persons, especially creating hardships On senior citizens and persons on fixed incomes. 7. The City Council intends to appoint a committee to report on the desirability and feasibility of measures designed to address this problem. 8 · The existing conditions have led mobile home park residents to petition this Council for help and assistance so that the action of park owners will not lead to the displacement of a large number of residents. 9. Efforts by the City to obtain voluntary cooperation by park owners to moderate pending rent increases have failed. 10. There is an urgent necessity to temporarily stabilize rents and establish tenants' rights so tenants are not arbitrarily forced to move. e_ NOW, THEREFORE, the City Council of the City of Chula Vista, California, does hereby ordain as follows: SECTION 1: Purpose. Pending further study of the development and adoption of measures to address the problems created by the present shortage of mobile home space, it is necessary to place a temporary moratorium on rent increases from --- February 16, 1982 to May 11, 1982. -1- SECTION 2: Definitions. a. Park services: Services connected with the use or occupancy of the rental space in a mobile home park including, but not limited to, exterior repairs and maintenance, provisions of utilities, provision and maintenance of common recreational areas, laundry facilities and other privileges, refuse removal, parking and any other benefits, privileges or facilities. b. Landlord: An owner, leassor, sub-lessor, including any person, firm, corporation, partnership or other entity entitled to receive rent for the use of any mobile home park rental space or the agent, representative, or successor of any of the the foregoing. c. Moratorium: The period of time beginning on the effective date of this ordinance and continuing from February 16, 1982 until May 11, 1982, or until such time as the City Council establishes a procedure for the adjustment and/or regulation of rents, whichever occurs first. d. Rent: The consideration, including any bonus, benefits, or gr'~ties demanded or received for or in connection with the use or occupancy of a rental unit or the transfer of a lease of such a unit, including but not limited to money demanded or paid for parking, for park services of any kind, for subletting or for security deposit of any kind. e. Rental Units: All mobile home park spaces in the City of Chula Vista designed for rental use or actually rented on the effective date of this ordinance together with the land and buildings appurtenant thereto and all services, privileges and facilities supplied in connection with the use and occupancy thereof, including parking facilities. The term shall not include mobile home spaces in any mobile home park in which, on the effective date of this ordinance, rents are regulated by long term leases. f. Tenant: A tenant, lessee, sub-lessee or any other person entitled to the use or occupancy of any rental unit. SECTION 3: Rental Increase Moratorium. a. Beginning on the effective date of this ordinance and continuing until May 11, 1982 or until such time as the City Council establishes a procedure for the adjustment and/or regulation of rents, whichever occurs first, rents shall not be increased except as provided in subsection b(3) below. b. During the moratorium period, the maximum rent for a rental unit in a mobile home park in the City of Chula Vista shall be the following: (1) For a rental unit which was rented as of the effective date of this ordinance, and continued to be rented thereafter to one or more of the same persons, the rent shall not exceed that in effect on such date. The level of park services provided to the rental unit on that date shall not be reduced during the moratorium period. (2) For a rental unit which was not rented as of the effective date of this ordinance, but was subsequently rented and continued to be rented to one or more of the same persons, the rent shall not exceed that in effect on the date of subsequent rental for as long as such unit continues to be rented to one or more of the same persons. The level of park services provided to the rental unit on the date of rental shall not be reduced during the moratorium period. (3) For a rental unit voluntarily vacated on or after the effective date of this ordinance, and prior to the end of the moratorium period, if the vacancy was voluntary, then the rent may be increased upon the re-renting of the rental unit. A vacancy shall not be considered voluntary if it was the result of an eviction whether for just cause or otherwise or a landlord's refusal to renew a periodic tenancy or lease agreement or a landlord's declaration by notice or otherwise of an intent to change the use of the land on which the mobile home park is situated or a tenant's refusal to enter into a new long term lease. So long as such unit continues to be rented to one or more of the same persons, such rent shall not exceed that in effect on the date the rental unit is re-rented nor shall the level of park services provided on that re-rental date be reduced during the moratorium period. (4) For rental units vacated other than voluntarily after the effective date of this ordinance, the rent for such rental units shall not thereafter exceed the rent in effect immediately prior to such involuntary vacation unless the unit is subsequently voluntarily vacated. The level of park services provided prior to such involuntary vacation shall not be reduced during the moratorium period. SECTION 4: Evictions. No landlord shall bring any action to recover possession of a rental unit subject to the provisions of this ordinance, unless: a. The tenant has violated an obligation or covenant of her or his tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord. b. The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or other occupants of the same. c. The tenant, who had a rental housing agreement which has terminated, has refused after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not consistent with or violative of any provisions of this ordinance and are materially the same as in the previous agreement. d. The tenant has refused the landlord reasonable access to the rental unit, for the purpose of making necessary repairs or improvement required by the laws of the United States, the State of California or any subdivision thereof, or for the purpose of inspection as permitted or required by the rental housing agree- ment or by law or for the purpose of showing the rental unit. e. The tenant holding at the end of the term is a subtenant not approved by the landlord. SECTION 5: Refusal of the tenant to pay a rent increase. A tenant may refuse to pay any increase in rent which is in violation of this ordinance and such violation shall be a defense in any action brought to recover possession of a rental unit or to collect the illegally charged rent increase. SECTION 6: Civil remedies. Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this ordinance, shall be liable as hereinafter provided to the tenant from whom such payment is demanded, accepted, received or retained, for reasonable attorney's fees and costs as determined by the court, plus damages in the amount of two hundred dollars or not more than three times the amount by which the payment or payments demanded, accepted, received or retained, whichever is the greater. SECTION 7: Nonwaiverability. Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this ordinance for the benefit of a tenant is waived, shall be deemed to be against public policy and shall be void. SECTION 8: Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION 9: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a serious threat to the maintenance of the existing mobile home park rental housing supply within the City with respect to all economic segments of the community and especially to senior citizens, persons of low and moderate incomes and to those on fixed incomes and are contrary to the goals and objectives of the housing element of the General Plan of the City of Chula Vista. Presented and Approved as to form by George D. Lindberg, City Attorney -APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AT FIRST READING THIS 16th DAY OF February 191~ 2 , by the following vote, to-wit: AYES: Councilmen,, Gillow, Campbell, McCandliss, Scott, Cox NAYES: C6uncilmen: None ABSTAIN: Councilmen: _ None ABSENT: Councilmen: None fv~'~C~y~f ~ Vista ATTEST '~D~I~Y City ~ie~k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO } ss. CITY OF CHULA VISTA ) I,' ELIZABETH W. CONTI, Deputy City Clerk of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, flue end correct copy of ORDINANCE N0. 1972 ,and fhof the same has not been amended or repealed. D/~TED February 17, 1982 (seal) City Clerk CC-6GO - 0-d UNANIMOUS CONSENT FORM IT IS HEREBY REQUESTED by the undersigned that the following item, with the unanimous consent of the City Council of the City of Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Sec.2.04.090 of the Chula Vista City Code. An Urgency Ordinance Declaring a Moratorium on Rental Increases on Mobile Home Spaces Within the City of Chula Vista for a Period from February 16, 1982 to May 1!, 1982 (Signature) signatures: .. : " I' ~' " CA-301 ORDINANCE NO. 1972 AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA DECLARING A MORATORIUM ON RENTAL INCREASES ON MOBILE HOME SPACES WITHIN THE CITY OF CHULA VISTA FOR A PERIOD FROM FEBRUARY 16, 1982 TO MAY 11, 1982 By unanimous vote on February 16, 1982, the City Council placed the ordinance on first reading and adoption. The ordinance places a temporary moratorium on rent increases from February 16, 1982 to May 11, 1982, or until such time as the City Council establishes a procedure for the adjustment and/or regulation of rents, whichever occurs first. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. Clerk: