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HomeMy WebLinkAbout2011/07/12 Item 22CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHUTAVISfA JULY 12, 2011, Item LG 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) ADD SECTION 9.50.030 [ADMINISTRATIVE FEE]; AND, (3) AMEND SECTION 9.50.077 [VACANCIES AND RENTS UPON CHANGE OF OWNERSHIP] ~,~ SUBMITTED BY: ASSISTANT CITY MANAGE~/IIIRECTOR OF DEVELOPMENT SERVICES REVIEWED BY: CITY MANAGER /,~ S~ (% 4/STHS VOTE: YES ~ NO ^X SUMMARY In 1982 the City of Chula Vista adopted Mobilehome Pazk Space -Rent Review (Chula Vista Municipal Code 9.50) to ensure that mobilehome residents and mobilehome park owners are afforded a fair and equitable process for proposed rent increases. Tonight's action would adopt amendments to CVMC 9.50 in order to 1) balance the interests of mobilehome park residents and owners by still protecting existing mobilehome residents against excessive rent increases while allowing mobilehome park owners to receive a just and reasonable return on their property from incoming residents, and 2) reduce the City's administrative review role on resale and create a permanent funding source for rent review administrative expenses. 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 necessazy. 22-1 JULY 12, 2011, Item 2~.- Page 2 of 5 RECOMMENDATION Council adopt the ordinance amendments. BOARDS/COMMISSION RECOMMENDATION On May 3151 the Mobilehome Rent Review Commission (MHRRC) recommended that the City Council adopt staff's recommendation (5-0) with an amendment to require park owners to distribute a disclosure statement biannually to all residents regazding the process/rights upon sale of a mobilehome. Staff is not recommending this addition since a disclosure statement is already required upon initial entry into a park and staff feels such notifications could be provided during the collection of the administrative fee. DISCUSSION Background Chapter 9.50 outlines processes for rent dispute resolution between mobilehome residents and pazk owners. The Ordinance applies to mobilehome pazk owners and current and prospective residents who have entered into leases of 12 months or less. In general, park owners may increase rents once each year by a specified percentage of the current rent. This amount is related to the change in the Consumer Price Index and is also known as the "Annual Permissive Rent Increase." Pazk owners may propose a rent increase above the Annual Permissive Rent Increase by following the procedures set forth in CVMC 9.50. If a dispute arises between the pazk owner and the resident(s) affected by the proposed rent increase, any affected party may request the matter be heard by the MHRRC. Current Concerns Recently, staff has received several referrals from the MHRRC in order to clazify language within the ordinance related to effective date of increases and the factors reviewed during change of ownership cases. In addition, the City currently utilizes Housing Authority reserves to administer CVMC 9.50 and other mobilehome related activities, the only funding source other than General Fund monies eligible to cover such expenses. With further funding cuts to the Housing Authority on the horizon, the City needs to look at ways to streamline administrative functions and identify potential funding sources for continued administration of the ordinance. Proposed Amendments For discussion purposes, the proposed amendments are summarized in three separate areas of concern below. The draft Ordinance language is provided as Attachment 1 and a matrix identifying the range of possible options discussed during the update process is provided as Attachment 2. 22-2 NLY 12, 2011, Item 22 Page 3 of 5 Administrative Updates Administrative amendments include various changes throughout the ordinance due to the elimination of the Community Development Department and two clarifying items that have been addressed as concerns by the MHRRC, as follows. 9.50.064 Owner Meetings and Possible Voluntary Negotiations. To provide clarity this section would be retitled "Informal Meeting Requirements". In addition, Appendix One provides a sample Notice of Rent Increase including resident rights under the municipal code and identifies a "Voluntary Meeting" referring to Subsection 9.50.64. While attendance at the meeting is voluntary, in order for a resident to be eligible to petition a rent increase, they must attend the meeting. Staff therefore proposes to update Appendix One to reference "l. Informal Meeting" and further clarify through " 3. Failure to Attend Informal Meeting" the repercussions of not attending such meeting. 9.50.075 Fixing of Space Rent in Excess of the Permissive Rent Increase. Subsection B addresses the ability for the MHRRC to set a date other than the pazk owner's legally noticed date in the Notice of Rent Increase. The ordinance amendment adds language to clarify that the date of increase is that stated in the Notice of Rent Increase with an exception only if the MHRRC makes a finding that the park owner was non-responsive to the hearing process, and therefore sets a date different than that in the Notice of Rent Increase. Administrative Fee 9.50.300 Administrative Fee. This new section of Chapter 9.50 establishes a permanent fund for staff time and other costs (i.e. hiring of experts for fair return analysis and MAI appraisers) associated with the administration of the rent review ordinance. Since Housing Authority funds are vulnerable to cuts, the establishment of these funds ensures a consistent funding source for implementation of the ordinance and allows other desired expenses such as the hiring of experts. The fee would be assessed annually on all mobilehome resident spaces qualifying for protection under CVMC 9.50 and approved by City Council as part of the master fee schedule. Since the collection of the fee initially requires significant administrative details to be resolved, the initial dollar amount of the fee and total administrative costs will be brought to Council later this year if approved. Chance of Ownership 9.50.077 Vacancies and Rents Upon Change of Mobilehome Ownership. 9.50.073 (Factors to Consider in Fixing Space Rent Through the Hearing Process) provides the MHRRC a menu of factors that may be considered when reviewing proposed rent increases for both existing/incumbent residents and change of ownership cases. Legally the MHRRC must consider all factors for both types of increases. However historically, the MHRRC has given more weight to Factor E (Fair market rental value as determined by "comparables" of similar and existing mobilehome spaces or mobilehomes in the South Bay azea of San Diego County) for change of ownership cases, allowing the market to influence increases primarily through the review of comparable space rents. The ordinance amendment therefore seeks to provide clarity to differentiate between 22-3 JULY 12, 2011, Item ~~ Page 4 of 5 existing/incumbent resident increases and change of ownership, and to reduce the change of ownership case administrative burden by being less restrictive upon change of ownership and allowing market influences to have a greater impact. Staff researched several options related to change of ownership in order to determine the preferred option, as follows: • Maximum Caps -Caps based upon comparable mazket space rents would be set to eliminate the right to petition when rent increases were set below the maximum limits. o Analysis: While this would allow greater market influence upon change of ownership, it would not eliminate the potential for change of ownership cases and it would add further administrative burden to set the caps and leaves the criteria used to establish them up for scrutiny. • Temporary Vacancy Decontrol -Upon sale, spaces would be exempt from the eight to petition and once in place with an eligible lease under CVMC 9.50, the new resident would again have rights to petition increases over the annual permissive rate. o Analysis: Removes City from change of ownership increases however helps retain the original intent of the rent review ordinance to balance the interests of mobilehome pazk residents and owners by still protecting existing mobilehome residents against excessive rent increases while allowing mobilehome park owners to receive a just and reasonable return on their property from incoming residents. • Full Vacancy Decontrol -Spaces would permanently become exempt from eligibility under the rent review ordinance upon change of ownership; thereby phasing out rent control as units sold within the City. o Analysis: Provides full administrative relief upon change of ownership and long-term would phase out rent review from the City. While this option would preserve the ordinances original intent to prevent unconscionable increases of rents to existing/incumbent mobilehome park residents, it would phase out protection for future residents. Based upon the desire to relieve the administrative burden upon change of ownership, allow the market to influence space rents, and in preserving the original intent of the ordinance, staff recommends the ordinance be amended to provide temporary decontrol upon change of ownership. This would remove the right to petition increases at sale, allowing the market to influence resale space rents. Once a new resident was in place and had a qualifying lease under CVMC 9.50, they would again qualify for rent review and the annual permissive increase. 9.50.085 Compliance with Law and Posting and Disclosure Requirements. This Section requires a disclosure statement be issued to all new residents of a mobilehome park and the example provided has been updated to reflect the recommended amendment in Section 9.50.077. 22-4 JULY 12, 2011, Item ~2 Page 5 of 5 Additional changes have been identified in Section 9.50.001 to accurately reflect the intent of these actions should Council adopt the Ordinance amendment pertaining to change of ownership. Public Outreach An initial meeting was held with the MHRRC on April 14, 2011 to introduce potential amendments and address referrals that the MHRRC had provided over the past six months. Based on this meeting staff drafted ordinance language which was presented to the MHRRC on May 31, 2011 and at two public information meetings held on June 28, 2011. While not legally required, notice of the proposed amendments and the public meetings was provided to pazk managers/owners for distribution to all mobilehome residents during the month of June. In addition, notice of the amendments was published on the City's website and as a public notice in the Staz News. The June 28~' meeting notice and public comments received are included as Attachment 3. Other correspondence received regazding the proposed changes aze provided as Attachment 4 -Residents and Attachment 5 -Park Owners. DECISION MAKER CONFLICT City staff has determined that Councilmember Ramirez has property within 500 feet of a mobilehome park, 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, administrative expenses related to CVMC 9.50 have been appropriated tluough the annual process in the Housing Authority budget for Fiscal Year 2011/2012. ONGOING FISCAL IMPACT The amendments establish an administrative fee as of July 1, 2012 to offset staff time and other administrative expenses currently being paid by Housing Authority reserves. ATTACHMENTS 1. CVMC 9.50 Amendment 2. Matrix of possible options and proposed changes 3. Public comments received on June 28, 2011 4. Mobilehome Resident Correspondence 5. Pazk Owner Correspondence Prepared by: Stacey Kurz, Senior Project Coordinator, Development Services Department, Housing Division 22-5 Attachment 1 CVMC 9.50 Amendments 22-6 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] TO: (1) UPDATE VARIOUS ADMINISTRATIVE ITEMS; (2) ADD SECTION 9.50.030 [ADMINISTRATIVE FEE]; AND, (3) AMEND SECTION 9.50.077 [VACANCIES AND RENTS UPON CHANGE OF OWNERSHIP] 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 Pazk Space -Rent Review," as allowed by Mobilehome Residency Law, and amended the Chapter to its current form in 2002; and WHEREAS, the Mobilehome Rent Review Commission (MHRRC) of the City of Chula Vista has intimate knowledge of Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) and is charged to provide advice to the City Council and City Manager on matters relating to mobilehome parks as identified under CVMC 2.31.030 [Functions and Duties]; and WHEREAS, the MHRRC has provided referrals at the October 2010 and January 2011 MHRRC meetings to staff regazding various administrative issues with the current version of CVMC 9.50 and the desire to further discuss potential amendments to the ordinance pertaining to change of ownership cases; and WHEREAS, mobilehome residents are a distinct segment of the City's population and they, by the application of Chapter 9.50, receive unique services and benefits, including, but not limited to, a rent calculation (via the annual permissive and increase above annual permissive) which results in reduced rents and related ombudsman services; and WHEREAS, current funding sources for the administration of CVMC 9.50 faces imminent cuts and, without a permanent funding source for such administration, the ordinance would face possible elimination; and WHEREAS, the City desires to establish an administrative 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; and WHEREAS, the City also desires to provide temporazy decontrol upon change of ownership, removing the right to petition upon sale, in order to relieve the administrative burden of change of ownership cases, allow market influences to drive incoming resident initial space rent, and keep the original intent of the ordinance to provide existing/incumbent residents with protection from excessive increases; and 22-7 WHEREAS, on May 31, 2011 the MHRRC held a special meeting and recommended that City Council adopt staff s recommendation; and 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: 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 Initiation 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 park. 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 and 2862. 9.50.001 Findings. 22-8 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 pazk makes mobilehome owners particularly 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 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 apa#ntertt~e~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 E. The city council further finds that there exists serious health and safety issues in some mobilehome parks within this city wkie~-rthat 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 park 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. 2862 § 1, 2002). 22-9 9.50.005 Purpose. A. The city council intends by this chapter to create a process to protect both mobilehome park owners and mobilehome pazk 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 lazgely incapable of moving their mobilehomes without suffering a substantial loss in their value, from loss of their investment and the resale value of their mobilehomes due to the fact that a new mobilehome resident is being chazged excessive rents; 2. To protect and promote the availability of mobilehomes as a more affordable housing choice,. ,. ,.c,.r~ _a..~.i~ w,...,.:..,.. 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 aze 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 pazk residents and mobilehome pazk owners to establish a better understanding of each other's positions which will result in agreement on the amount of rent to be chazged. The procedures of the ordinance aze 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. 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. for the numose 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. C:D"Mobilehome park" or "park" is an area of land where two or more mobilehomes or mobilehome spaces aze rented, or held out for rent, to accommodate mobilehomes used for human habitation. 9-E"Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or manager of a mobilehome pazk. 22-10 £.F"Mobilehome owner" means a person who owns a mobilehome which is legally located in a mobilehome space within a mobilehome pazk in the city of Chula Vista. I=G"Mobilehome resident" or "resident" means a person who occupies a mobilehome in a mobilehome park 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. GH"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 chazged to mobilehome residents pursuant to the California Civil Code. I~I_"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. 2862 §1, 2002). 9.50.012 General applicability and exemptions. This chapter shall apply to all mobilehome pazks, 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 yeaz 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 thereat 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. 2862 § 1, 2002). 9.50.015 Applicability to recreational vehicles. 22-11 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 pazks operated as recreational vehicle parks, where the predominant number of spaces are occupied for less than nine months. (Ord. 2862 § 1, 2002). 9.50.020 Legal requirements and procedures created. This chapter creates legal requirements and procedures ~vl3islrthat must be followed when rent is increased in mobilehome pazks. 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. 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 amiual pemissive) 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 re¢ardinQ 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 standazds set forth in the city council approved fee resolution. C This fee shall not be included in the rent base when calculatin>? 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 cifcouncil 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. F This section shall be operative July 1, 2012. 22-12 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 r'°- °'^^-^°^* r'°^^~*^-°^"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. B. The cif shall mail to each park owner or their agent the applicable CPI to be used for the rent increases as soon as the ^^-~-~~~~~'- a°~~°'^~-~°~" depa#rnentc~ 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 furnished to them by the ^°-~-~~~^~'- a°- °'°~--~°~" a°~°-"-~°~"cif 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 ^°--~--~~~~'«~ a°• °'°-~°^' a°~^-"--~°~"cif that the CPI has changed. The pazk owner shall post, in a prominent place, the notification from the c~ so that all residents aze awaze 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 pazk 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 r°-~--~~~~~«-, r,°..°'°.....°.,« r,°..,.~«...°... ^F "w° ~:... ci~a complaint alleging the mobilehome park's violation of the rent increase provisions of this chapter. Such complaint must include documentation or other information which provides compelling evidence of such violation and submitted within 14 days of receiving the pazk 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 changed for the affected space for the last three years, 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 Mail Service, return receipt requested) to the 6er~tunity r'^- °'°~--~°~" r'°~~-'-~°^"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 yeazs, such as copies of rent statements. Failure to provide the r'^--~--~~~~~"~~ r'°~~°'^^-^°^" ^°~°-"--~°^"city with the requested space rent information or knowingly submitting incorrect information shall be considered a violation of this Chapter. (Ord. 2862 §1, 2002). 22-13 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 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. 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 betlr-the City of Chula Vista at the addresses identified herein °°- °^°'' ^F.I,,, a°°~^«^~°a T'°«^.,-«,.«.,. 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. 2862 § 1, 2002). 9.50.064 Elwner A4eetings and Pessible ~'^'••^'^^ 'v^^^'=^"^«°Informal meeting requirements. Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063 ~«a-~.a-O.°~n~-'r, 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 22-14 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 park owner reach a voluntazy 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. 2862 § 1, 2002). 9.50.066 Request for hearing form Mobilehome residents shall have a right to file for a heazing 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 r`' •'~ ~'^--,--•~•~~+-~ r~°^°~^^-^°^+ r~° cit within 30 da s of the deliver of "Notice of Y........... ~' y y 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. 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 ••~~*- a°~•°'°~--~°^* -'°^^^'-^°^*ci~, in the form prescribed in CVMC 9.50.066. Upon the filing of a request for hearing in accordance with this chapter, the ~''~zy cif shall notify the chairperson of the mobilehome rent review commission of such request, who shall schedule a hearing on the matter within 30 days afrer 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 heazing. 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. 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 r°~~~~^~+° n°°°'^^^~°nt Be~entci~ 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 pazk. A fair and reasonable 22-15 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 similar or related items of expense, the reasonableness of such items, and changes to them: a. Actual financial investment in pazk 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 aze 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 necessazy as a result of the park 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 similaz or related items verifying income for the mobilehome park for the last three yeazs, the reasonableness of such items, and changes to them. B. Rate of return earned by the park owner in previous yeazs as determined by a €air~arket expert. The City, as well as the park owner, 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 determined by "compazables" of similar and existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County, including those in Chula Vista, as detemuned by an MAI appraiser. The City, as well as the pazk owner, shall have the right to hire their own independent MAI appraiser. 22-16 F. The timing and amount of rents and increases for this and other spaces at the mobilehome pazk. 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. 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 calendaz 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 *'~° amp r'°~---•~°°~°~'~ a°°~~~°~ °_ 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 nark owner non-responsive to the hearing requests. C. Consistent with its findings, the commission may: 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: 1. 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. 22-17 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 heazing 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. 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. 6B. 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. 2862 §l, 2002). 9.50.077 Vacancies and rents upon change of mobilehome ownership. 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 park, a park owner mawadjust the space rent without regard to the provisions of this applicable. However, no rent increase may be chazged upon change of ownership by reason interspousal transfers or for persons on a 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-yeaz 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. 22-18 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 her intent to sell. Within I S 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 and if an increase in the existing rental rate is proposed, the corresponding percentage of the increase in rent. 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. 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-axd . 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 and if an increase in the existing rental rate is proposed, the corresponding percentage of increase in rent within 15 days of receiving written notice of the pending sale of a mobilehome. The park owner shall also provide the new mobilehome owner with any other document required by California Civil Code section 798.75(a). a f ,.L. ..+ : ,.t: ..r ho ..r frv tL.,. ,.~., ..F fl.,.f L...,l. z21 . 22-19 ~1~~ (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 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 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 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 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 ~c a ^^^'~^^'''° r'DT ^A otential urchaser of a mobilehome has the ~rnn==tea-o=~~t-=~-R= P P 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 qty-ci~a°~~°'°~~°~* ,,:.°^'°- 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. 22-20 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 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 as if the rents in the pazk were not regulated by this chapter. (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 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 pazks 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 pazk 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 pazk 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 vaziance 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. 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 form 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 aze 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. 22-21 The requirements of this Section are not applicable to those rent increases upon a change in ownership of a mobilehome to remain in the pazk. (Ord. 2862 § 1, 2002). 9.50.081 Proposed space rent increases at a time when there exist serious code violatious 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 pazk owners should be required to operate and maintain their parks 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 necessary 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 pazk 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 r'^--~-^~~~~~~ n°^~'^^--~°^' l~epa#rneatc~, and to the pazk 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 any alleged code violation shall be considered as par[ 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. 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 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 pazks administered by the city in compliance with Title 25 of the California Code of Regulations. (Ord. 2862 §1, 2002). 22-22 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 year, the ~'°-~-~••~^° r'°°°'°~--•°~' ^°~°''"'°~«ci~ shall send a copy of Appendix Two to each park for posting in a common azea 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 pazk 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. 2862 §1, 2002). 9.50.085 Compliance with law and posting and disclosure requirements. A. Every mobilehome park 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 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 pazk prior to signing of a rental/lease agreement; and A copy of the disclosure acknowledged by the buyer shall be an addendum to every rental agreement. MUNICIPAL CODE CHAPTER 9.50 DISCLOSURE Chula Vista Municipal Code Chapter 9.50, Mobilehome Pazk Space Rent Review, governs all mobilehome pazk spaces for leases of 12 months or less. For leases of more than 12 months, Chapter 9.50 does not apply, per Section 9.50.0.12 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 22-23 space rent. If the cumulative annual increase 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%), then the °°*~°° °'~~'°''°~° ° ~'~~~~~°~current mobilehome owner''"°'~has the right to request a hearing from the Chula Vista Mobilehome Rent Review Commission for enforcement of Chapter 9.50. For the purposes of this paragraph "cumulative annual increase" means the total rent increase for the space within the past year. For example, if the annual permissive rent increase is four percent, but the rent was increased less than four percent, the park owner may require an additional rent increase up to the total four percent without becoming subject to the right to appeal provisions of the Mobilehome Park Space Rent Review Ordinance. This hearing must be requested within 30 days of receiving such written statement by submitting a Request for Hearing Form the City of Chula Vista's°-~--~~~~~'~~ T'°~~°'°~m°~' r`°~°~-'--~°~' 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. Acknowledgment: Date: Name (Ord. 2862 §1, 2002). 9.50.087 Implementation guidelines. After a noticed public heazing, 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. 2862 §1, 2002). 9.50.090 Mobilehome resident's right of refusal. 22-24 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. 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. 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. 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 ownei 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. 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 2862 § 1, 2002). 22-25 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 aze entitled to the following rights: L ~'-.Informal Meetin¢. 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 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 the increase. To file for such hearing you must deliver the request for Hearing form to the r:...~., r°........~:«., n°..°i°~.,,°~~ n°..^..,.,°.,. 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 ~'°-~~~~~~~~ r'°~~°'°~-~°~' r`°~^^~~°~~C~ 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 Meeting. 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 22-26 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 standazds 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 violations which apply may be obtained from the ~° °;' t'.:e C°--•--•••-•~'-• T'°--°'°~-•-°-•« r'°^^~*^~°^'Cit durin normal business hours, and is required to be posted in a common area 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 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 ~'^^^^~••^~'•• r'°••~'~---•~~' T`°^^-*^'°^•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 pazk owner if it is found that a violation of code exists at the park. The following space numbers are subject to this increase: [insert numbers of affected spaces]. If you have questions, or need more information regazding the hearing process or serious code violations, you can call the City at (619) 585-5722. Pazk Owner/Manager Date 22-27 r ~,nT r nn T.TnT T n Trn n rTTnT.j Tn DrnT TccT n ur n DTT.Tr_ Dv Tur r„rnx~rT >;unn,rc rT,TT Dr~~TrxxT r~nn,rT.oRTCCrnT.T u~r~ruTl.r TurD~rv n n vc Tum TT.jr~D>r n cr cu n T r nT~ xmxrr~T-cvxvxc x.co oxvx~ ~rxxxxx..~ xxxxxxx x nzxxo~ xxxxo xx c..._,. ..,... .,~~. ....... ~.... ~TnHAn TT(`ATTVL'L'CL'(`TTA7L'TTDnTT TLSL'C'AT 1/nr VnTTD T,rnDTT lr TSnTR7r AATTI ~DT1r !`T Tn TT TC T~T/lTT('TAT!'_ DL`nTiTD L' oRCTrTC nnATTn TATCII TTJ/DWTT~T vaL~'v xxcv.~o xcrJQ'oxxmx xc., xo cox~xz xxx ~rJ.. TT .7 1, (" ~ TR 1 !' .7 ..:~:1 °'7 :~ :L.a F il,. .. ..1.+,.. vzzccci~:rc~cnTs'z~vvrn.-i=pia-coat°~ j`ou fss°c .°.. ~.,..., .. ::b ::y..,,. Tl... ,, e«t «0..:,7,.«t/...,11 ,... ~.~~ l.nn «..t ,. «lete.] tl.o T.on': «.. ...-~~o~ b A nh«....-1„A,..... v«t• zxcmmvv r xc¢axx.mxxc. 22-2a 0 0% ~~ 1, F '1 .nT. 1.,...««.. t,. ,. «leti..« floe .. ens:..e .«..1.:1..1....«o ,. « Y a MY 1 .] 4'1n,•F n ..1... 1.,, ,: tl. tl... /':t. f`.. :t„ Tlo.,ol ~r...~out Tl,.«...-t.....e«t TF 1.1.. 4.. ..H..«,l tl.e ,.t:« ,.l. e.l,.l e.] ol0 44.. «,l «tnt:. 22-29 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 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 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, ~ega~en~Attn: Fkn~agerMobilehomes, 276 Fourth Avenue, Chula Vista CA 91910] 22-30 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 FOLOWING 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 pazking 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 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] 22-31 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 r'°^~~'^'°^` ^` °1^""'^^ ^^'' r'""'"^aci~ of 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 22-32 Attachment 2 Matrix of Options and Proposed Changes 22-33 • Residents would not have the Spaces would permanently become Upon sale, spaces would be Caps based upon comparable Residents would retain the right to ability to petition a review of a rent exempt from eligibility under the rent exempt from the right to market space rents would be set petition when rent increases were set increase for either review ordinance upon change of petition and once in place with to eliminate the right to petition above the annual permissive rents. incumbentlexisting or change of ownership, [hereby phasing out rent an eligible lease under CVMC when rent increases were set ownership increases. control as units sold within the City. 9.50, the new resident would below [he maximum limits. again have rights to petition increases over the annual permissive rate. City Analysis -Removes [he City -Would not -Provides full -Would not -Removes the -Would allow -Still potential -Administrative from an protect administrative relief protect future City from greater for change of burden for change of administrative role existing or upon change of mobilehome change of market ownership cases ownership cases to in rent review future ownership and long- residents ownership cases influence to City City -Removes the mobilehome term would phase out with rent -Helps retain the upon change -Adds further -Leaves the criteria City's legal liability residents with the City's control original intent of of ownership administrative used to establish -Allows free market rent control administrative role rent review burden to set the rents up for scrutiny, to dictate rents - Helps retain the ordinance to caps which is a legal original intent of the balance the -Leaves the liability for the City rent review ordinance interests of criteria used to to prevent excessive mobilehome establish caps rent increases to park residents up for scrutiny, existing mobilehome and owners which is a legal park residents -Allows market liability for the - Allows market to to dictate rents City dictate rents upon upon change of than a of ownership ownership N N I W SUMMARY OF OPTIONS & CITY ANALYSIS CHANGE OF OWNERSHH' RENTS ADMINISTRATIVE FEE - Please note the form of collection has not yet been determined and will be brought back to Council for consideration at a later date with the adoption of the fee. This is provided for information only at this time. City would maintain paying for Park owners would be billed Park owners would be assessed an administration of ordinance through annually and pass 100% of the annual fee with an allowable portion General Fund monies. cost on to residents. as a pass through to residents. City Analysis - Provides full -Would not -Requires no -Ability to -Establishes -Requires -Establishes -Establishes -Lack of Nexus for relief of protect additional City administer permanent fund large permanent permanent park owner administrative existing or administration would be for administrative fund for fund for contribution burden to City future dependent administration burden on administration administration mobilehome annually on City to -Most residents with budget determine effective rent control approval whom is administrative covered under option for CVMC 9.50 Cit Attachment 3 Public comments received on June 28, 2011 22-36 ~~~~~ Mobilehome Ordinance Information .-+~:. ~~aF Cofnrr~en~ Card CHOW VISTA Name: ~T~cr ~ ~--1 ~ tCFar~ ~ <~ Resident Pant Name: C, o ~ 'f i v~ ~c-i'f-a / (r, , (J~ Pariz Owner 1 am commenting on the proposed amendments tot ^CVMC 9.ao -Closure ~~ CVMC 9.50 -Rent Review Comments and/or Concerns: c1-c-rl-~-~-~~ Comments must Agenda Packet. ~V l/ :..w:. Cftt OF CHULA VISTA Name: received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Council Meeting Mobilehome Ordinance Information Comment Card Resident Pant Name: I ~ ^ Parks Owner 1 am commenting on the proposed amendments tos ^CVMC 9.ao -Closure CVMC 9.50 - Reet Review 11 f'~o~e LV. ~ _ _0.0 .l 11 _.: _ n ~~., _A _ ° ~. '~ _Q-O vi9 Comments must be received by /u/y 5, 2011 in order tQ /ie 3 ~ uded in the /uly 1.~ 2011 City Council Meeting Agenda Packet. L Z „~~ Mobilehome Ordinance Information ~~,~A Comment Card Name: Ew z u ~ w [2~Resident Park Name: .PrJar;oo Sou- a b la_ E ~R fs Par4~ Owner ~ r 1 am commenting en the proposed amendments toy ~ CVMC 9.40 - Closure CVMC 9.50 -Rent Review Comments and/or Concerns: Comments must be received by /uly 5, 2011 in order to be inc/uded in the /uly 12, 2011 City Council Meeting Agenda Packet. ,,, ~{~, Mobilehome Ordinance Information ~~~SrA Comment Card Name: Resident Park Name: Parr Owner 1 am commenting on the prepofed amendments toy ^CVMC 9.40 -Closure ^CVMC 9.50 -Rent Review Comments must be received by /u/y 5, 2011 in order tR be {pduded in the /uly 12, 2011 City Council Meeting Agenda Packet. L L 3 t3 ~,~;-„ Mobilehome Ordinance Information ~, ~~,~A Con»nent Card Name: ~~ 0-F~esident Park Name: Parfz Owner ~ ''`'~`` /~°'~'"~ ~`-'1-L, 1 am commenting on the proposed amendments to: Q CVMC 9.ao -Closure Q ~ CVMC 9.50 -Rent Review Comments must be received by /uly 5, ZO71 in order to be Included m me /ury ~z, zvn ~¢y wuncq ivreecuiy Agenda Packet. tr,-.., .`~! /f) l1~ ..`''v eft- ~,~-0 ~,t,~,1a, q~Q-G ,~^.~~-y G^~ C PLEASE ~A D^WV /Lq~yy+4M~7" ~L'I.Qg-/ `--C((,/f..~ ~ f ~ PLACE STAMP HERE City of Chula Vista Attention Housing Division (Mobilehomes) 276 Fourth Avenue Chula Vista, CA 91910 22-39 CemmenES and/or Concerns: ,,,;~;!-~ Mobilehome Ordinance Information ~V,~A Comfnent Card Name: Ct-~+-t.~e.~ J Resident Park Name: - Parkz Owner 1 am commenting on the propefed amendmentf to: ^CVMC 9.40 -Closure CVMC 9.50 -Rent Review v -x..; ~,,.~,.~..t. -- w Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Council Meeting Agenda Packet. `i~i~ CH A VISTA Name: Mobilehome Ordinance Information Comment Card ~ ~J R sident Park Name: Parks Owner ,.i~ ~ ~ rt~ T ~E 1 am commenting on the propofed amendmentf toy ~VMC 9.40 -Closure ~VMC 9.50 -Rent Review Comments and/or Coneernf: ~Y '~h_Z~'{ ~} C-3 c~~ /vm y~ ~7O ''lj ,~! ~ ~~> / I ~ // al.~ 6i'TT, >.,..n .®ir :n 11 n//i`.rr=,/o, a' Y ., S7~ a/1 ~Pi/ ~ -C~' ~% ii1 _ h Comments must be received by /uly 5, 2011 in order to be included in the /uly 12 2011 City Council Meeting Agenda Packet. 22-40 ,,,~;;~ Mobilehome Ordinance Information ~maF Comment Card CHUTA VISTA Name: ~~- Resident Pant Name: /s ^ Parkz Owner 1 am commenting on the proposed amendments to: ^CVMC 9.ao - Clesure ^ CVMC 9.50 -Rent Review Comments must be received by /uly 5, 2017 in order to be included in the /uly >2, 2011 City Counci/Meeting Agenda Packet. ,„~ ;,, Mobilehome Ordinance Information ~~,~,~A Comment Card Name: e. <<s ~ lr ~: ~ ® Resident Park Name: .~ ,~~` ~~~eMs ~lrb,~L Y f. Parks Owner 1 am commenting on the proposed amendmentf toy ^CVMC 9.ao -Closure CVM//C~1I9.50 - R/Ientj~Revieye ~• tS.,. b Comments must be received by /uly 5, 2011 in order to be inc/uded in the /u/y 1~ 2011 City Council Meeting Ag nda Packet. I ,C ~`~ ~ ; , S/7~s~f W`oIS~ ))'~ vt.]/ C ~/owf aQ`~W~`~~4YS~ ,.~L bvt ~ / ri /. r+.rji~o-+'m-may Ir E7&~.i .,:~C 1.J''I t..~~/e_ fro ~VZvwi .~~/7 r69 Ins%%~~/~Lrn~_~~'S arrT LUf; v~q f4/yJ~ ,, ~{;,, Mobilehome Ordinance Information crluinvlsrA Comment Card Name: Resident Park Name: ^ Par4~ Owner Comments must be received by /u/y 5, 2011 in order to be included in the /uly 1~ 2011 City Council Meeting Agenda Packet. ,,;~,, Mobilehome Ordinance Information CHU~L4VISTA Co1'flnlent Card Name: Resident Park Name: _ Parks Owner Comments must be received by /u/y 5, 2011 in order to be inc/uded in the /u/y 12, 2011 City Counci/Meeting Agenda Packet. 22-42 1 am commenting on the proposed amendments tot ^CVMC 9.ao -Closure ^ CVMC 9.50 -Rent Review 1 am commenting on the proposed amendments toy ^CVMC 9.ao -Closure ^CVMC 9.50 -Rent Review ^~ ~~obtlehome Ordinance Information 'AV~SrA Coi!'>tftte t Card Name: ~ r,~ °+./ J"L _ .~ Fes, , Resident Park Name: ~~r S ~ / Parkz Owner 1 am commenting oe the proposed amendments toy Q CVMC 9.40 - Closure Q CVMC 9.50 -Rent Review .n- _ n i.t it ~ !! 1 ~ ~ _- Cd~mments must be received by /u/y 5, 2071 in order to be inc/uded in the /ul 7~ 011 City Counci~"ng`~`~J Agenda Packe[: ~ `~~) ,~ _ ~_ _ PLEASE PIACE STAMP HERE ~~~~ ~. ~ ' City of Chula Vista Attention Housing Division (Mobilehomes) 276 Fourth Avenue Chula Vista, CA 91910 22-43 ,,,;~;;; Mobilehome Ordinance information ~, w~,~A Comment Card ~. Name: /0 s'ue' U7'fF , D~l~ivlp ON Zyi1 [,~ ~5'7-A-7'Es ~ Resident Park Name: Ja Q, 74-N ~~~ Park Owner Comments must be received by /uly 5, 2011 in order to be inc/uded in fhe /uly 12, 2011 City Council Meeting Agendo Packet. ,,.~~ Mobilehome Ordinance Information ~, ~~,s,-A Con~~nent Card Name: ^ Resident Park Name: Pariz Owner 1 am commenting on the proposed amendments to: ~ CVMC 9.40 -Closure ^ CVMC 9.50 -Rent Review w Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Counci/ Meeting Agenda Packet. 22-44 1 am commenting on the proposed amendments toy ~ CVMC 9.ao -Closure ^ CVMC 9.50 -Rent Review ,,,;~;;,, Mobilehome Ordinance Information_ ~„~~;,,~A Commen# Card ~; , , Name: ~d/ll~-G 7 L Resident Park Name: Parr Owner 1 am commenting on the proposed amendmentf tof Q CVMC 9.ao - Closure ~ ~ CVMC 9.50 -Rent Review Comments must be received by /uly 5, 2071 in order to be inc/uded in the /u/y 72, 2011 City Council Meeting Agenda Packet. ,,,,~;;~ Mobilehome Ordinance Information a~~A Cornfnent Card Name: Resident Park Name: Parkz Owner 1 am commenting en the proposed amendments tos ^CVMC 9.40 - Closure Q CVMC 9.SO -Rent Review D Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Agenda Packet. 22-45 Mobilehome Ordinance Information ' ~~ Co~n~nent Card CHULA VISTA T Name: U esident Park Name: ~~ ^ Par4z Owner 1 am commenting on the proposed amendments to: ^CVMC 9.ao -Closure ~,~ c~oo-LQ ~.~Sr,~z;( CVMC 9.50 -Rent Review 6J /I r Lj /_ /I ~- A_ _ ~"i' ~ n j/_"_ h .A~ f/~J O Yb n /QJ /In . _ ~ Comments must b receic~d by /uly 5, 20~11 nin order to be included in the /u/y 12, 2011 City Counci/ MeetingD Agenda~Pa~c~ke~ty...~ Fd~-~ 5y., ~¢. 7/.2- - "~° ~ ~--~-~z , C ~ "``.P~'C~'z~7~~2C~."'_"'~'Cy-2~a`P ~, ,,,;~;-„ Mobilehome Ordinance Information ~~aF Comment Card CHUTA VISTA Name: ^ Resident Park Name: ~ ~ ^ Parks Owner 1 am commenting on the proposed amendments tos ^CVMC 9.ao - Clesure CVMC 9.50 -Rent Review Comments must be received by /u/y 5, 2011 in order tR be il~G/uded in the /u/y 12, 2071 City Counci/Meeting Agenda Packet. L 1 4 0 Comments and/or Concerns: ,,,,;~;;,, Mobilehome Ordinance Information ~~~,~~A Comment Card Name: L°i(~ Lr`" ~q+tJ1Z ~' ~ti Resident Parh Name: ~ ^ Parks Owner 1 am commenting on the propofed amendments tos ^CVMC 9.ao - Clesure CVMC 9.SO -Rent Review Comments and/or Concerns: Comments must be received by /uly 5, ZO71 in order to be included in the /u/y 12, 2011 City Council Meeting Agenda Packet. `~~ CHUW VISfA Name: Mobilehome Ordinance Information Comment Card Resident Park Name: ^ Parks Owner 1 am commenting on the proposed amendments tes e ,i .~ Comments must be received by /uly 5, 2011 in order to be inc/uded in Agenda Packet. ~\ ~ ~ ~ `7 Ct./~ 4 ~, ~_~~ ^CVMC 9.40 -Closure CVMC 9.50 -Rent Review h /u 72, 71 City Council Meeting ~ ~j ~ o U~ r~ev~ e~..S f. not ~ ~ ~~t1/ ,:.rf.-. CHULA VISTA Name: Mobilehome Ordinance Information Cofnfne t Card r j ~ {1-~-,I Resident Park Name: u Parks Owner -! ~ Q C~IJ, O~JI~~ O, i 1 am commenting on the propesed amendments toe or ^ CVMC 9.40 - Cloture CVMC 9.50 -Rent Review Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Council Meeting Agenda Packet. ~~~~~ Mobilehome Ordinance Information .-+~:. c,..,~,~,~A Cotnntent Card Name: ~~ ~ Resident Park Name: Parkz Owner 1 am commenting on the proposed amendments tot Q CVMC 9.ao -Closure n CVMC 9.50 -Rent Review Comments and/or Concerns: s`ue' Comments must be received by /u/y 5, 2071 in order to be inc/uded in the /u/y 72 2011 City Council Meeting Agenda Packet 22-48 ~~~~~ Mobilehome Ordinance information ...~.-. ~moF Co~n~nen# Card CHULA VISfA Name: ~ ~ ! ~ ~ ~ ^V Resident Park Name: y- '" ^ ParlZ Owner 1 am commenting on the propofed amendmerotf tos ^CVMC 9.40 - Closure ®'CVMC 9.50 -Rent Review Comments must be received by /uly 5, 2011 in order to be included in the /u/y 12, 2011 City Council Meeting Agenda Packet. f 22-49 _ .~ ~_ --~ -i~. $ -~-~- ~--c.-_L_-~ ~ t, }e _c-_N_T-rr ..; }~_~a (gf?_.o f~.~ i~ S _ __ wi o(-~-- ---- ---_ - -- --- ~/~` ~ _~~RSc~~~~pF -fir ~Sa~~~~~..~ -- -- - -- . _ // // '~. __.-.--~2_ ~~/ ~kc~~c:lRloa J--.-_- /~~iO rr~.__ . LL?c/L .n _~_~~ ---,, ''I /// n u-l._ ~^. ~4 ~ ~=oa ~_ -__ 1~~cli. _ __ . - -_ __ _ ---- -- --- _~"~ ~°-- -- ~ ~rwl~, ~~~ a-~ uti,!J--e~Q _fe- C~-.Pu.viJ ~O~Q~na.wr~. ~ - z~4~~~- 4 ~L'°------j - --- _.__ _ _--- J - ~a~ ~ _ -- ~~~~~ Mobilehome Ordinance Information :.~.: e~oF Co~n~nent Card CHULA VISfA Name: ~ L^^? Z Resident Park Name; ~ ~~te 5 ^ Parks Owner 1 am commenting on the proposed amendments tes CVMC 9.ao -Closure CVMC 9.50 -Rent Review Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2011 City Council Agenda Packet ,,,;~;;;, Mobilehome Ordinance Information ~~oF Cofnment Card CHULA VISfA r Name: r C s I ~ I Resident Park Name: f/ ~e ~R cd 06,1 ,(D E , ^ Par4z Owner 1 am commenting on the proposed amendmentf~#o: .,~,,, - ^CVMC 9.40 - Clesure CVMC 9 50 -,Rent Review P~..~r~.... i~ ~rJ/wr t~wrierr.f. __... .,.._... _.~... !J ~ B 2, i:o~~~CL B--wcz !~-t1~ a'L<--s'-.-~^/ tQ1'-t'-r.6,e.1J'~'"~' ..~~-~- Comments must be received by /uly 5, 2011 in order tpp e luded in the /uly 12, 2t71t Ci Coun Agenda Packet. 'L'~~-. ~~~ I,_p) Ct~1Vl ~e- ~ S -{~~,rnlr ~ t-tr ~-~ L].7CC7JV1 ~ L~ lt~l r7l+t~~~~tt ~~ „.i. Mobilehome Ordinance Information ~m°F Comment Card CHULA VISTA Name: ~I/E(- iY' S~ [~ Resident Park Name: A~,AGE G~9-,~~ ~ ~,~,(r ^ Park Owner 1 am commenting on the proposed amendments toy Comments must be received by /uly 5, 2011 in order to be Agenda Packet. w ®CVMC 9.40 - Closare CVMC 9.50 -Rent Review in the /uly 12, 2011 City Council Meeting ~~. ~~~~ ~ (~ ~,~-~.~- ~~{~~ Mobilehome Ordinance Information ..w.. ~~~~A Can'n'en# hard Name: I ~Ifr'-~~=StI /3/~5~~/8u~ i ~h~/~JtGAC` GAR~~`~tIS © Resident Pawk Name:%~ ~' ^ PariZ Owner z • _,. ,~~% 1 am commenting on the propofed:~amendmfeiftf toy ^CVMC 9.ao -Closure •;; ;'~~~,' ~ CVMC 9.50 -Rent Review Snmi ~~~G s l~ ~a4 Do iT i/t/ TItF tiJ/L~11= ~~ ~I~Y~iP~li/~iG'~1T I S~ ~PPas,= ~,~ s r ~ ~~~ ~ ~eey'T d ~ IT l ~/ wi ~iv~ iN /~'1a/3iC.F ffa~/ PARKS ~6CA/.lSN G~6 rs~a`TffF`~4 AP//Ai/n~.c7 .PENT Comments must be received by /uly 5, 2011 in order to be included in the /uly 12, 2017 City Council Meeting Agenda Packet. ,;,~,, Mobilehome Ordinance Information w~~A Corr~fnent Card Name: ~ 7G1~ ~ ~~ ~~~ r Resident Park Name: ^ Park Owner 1 am commenting on the proposed amendments toi ~ ^CVMC 9.ao - Cto:ure LAN v~~ ~yon /{-l~ 1r/gyg f~-.Sy~/j,~ puR L v~ rt>~ ~ !i`~~ N6 .Sf~/ ^CVMC 9.50 -Rent Review ''~J~N~'g./' ~Ii~S Qa/ A- ,8 1cr' 1 y u~S/Fr+/,~ ~ SUTCSC~ use ~~a,c-r' y-~i Comments and/or Concernt• 6~R~e~ //, .b,~g~u.~N'fCA~e~'~~-~~l,~-i~~~ I o ~ , , ~ ) os ~ k ' lJ'~ C% "Z BY f~ ~~~,~~~x~>vew•ssm~ <J aa~rx~~,xrr~/t~~ ~,~~~rnr}r~v! Y-G~~s .~a~-tam / ~ yi9-aTd2 ~s~,cJTO~ inJ av .r ~mrJJ °,r~~!n . cx ~. ~r~ n~a~,-~ on Li v°~~•.l 1/~c~ zD~,u ~ ~- %G GJ~ Comments must be received by /uly 5, 2011 in order to be includ in the /u/y 72, 2011 City Council Meeting Agenda Packe~~ `~~~/Sc~~~.~ ~~~.R ~ ~p 5c~.r~fi:OfLt ~a Li~~'-~' av~aw'~o.~+E.s~~- o,QSPi44.S/i~4lJ """Y` D~J !j-~ccf~~,r~,s`//dT_ fx Attachment 4 Mobilehome Resident Correspondence 22-55 Petition Against Removing All Rent Controls TO Rent Control Commission Re; Rental Review Commission hearing April, 14 2011. Please be advised that after discussions with other tenants in ~rc,nc,~c,. Mobile Home Park as well as residents in other mobile home parks in Chula Vista, the consensus was that removingLent controls- and rent cans is Unacceptable! Most of the residents are on a fixed income! With rents, food costs, utilities, gas, insurance costs, (just to name a few,) constantly going up, it is a struggle "just keeping your head above water!" Medical costs are going up! No social security increases for two years! When you lose a mate, you only get one S.S. check not two but your expenses stay the same. It is critical that the well being of these residents be ever so carefully considered ! With over 7,300 people living in mobile home parks, it is critical for the residents to be protected! There are also, many handicapped people using canes and walkers in the parks. ' The greed factor in the park owners zeal for more money is based on "baloney!" - . As was brought out at the meeting, a 200 residents park multiplied at an average $500.00 per month is a staggering sum amounting to one million ,two hundred fifty thousand dollars per year. With some park owners owning 3, 4, or more parks! The greed factor is undeniable! The rent caps also cannot be abolished! "It just gives park owners a license to steal!" A potential buyer will back out of a transaction, if the rent is "jacked up" and the sale is lost! The park owner still collects the rent! This also increases the "homeless" population in Chula Vista! Park tenants must be protected! We, the undersigned agree with this petition. 22-56 `~ ~1 ~~~ ~~~~~ ~ ~~ G~-~dYs C~~-~e I{ ~~~~~ ~ ,,,~ ~~~D~q,~n~", ~- a`~l./ ¢ rT ~~~°~ a. ~~ ~ ~ ,~ ~~ ~ ~~ ~-~ ! .S~off~f/' ~~ /-~Fl~z~rsf~~ ~ 22-57 Dear State Senator Ducheny, 6-1-10 You have been mislead or misinformed! I am the San Diego area representative for CoMoCaL and there are many people that are in a panic as to what will happen to them! Most live on nothing more than Social Security with NO cost of living increases as you well know. Greedy pazk owners have an average of 62 dollazs per month expenses, per lot, in the San Diego area. Maintenance is a joke. Did you know that the average arofit after expenses is iust about 67% ner space? There has not been any improvements in this park in the 14 veazs that I have lived here, except some patching of the streets In this park alone, at an average space rent of $500. per space, per month multiplied by 200 spaces Equals about One and a quarter million dollazs assuming $250,000 for operating expenses leaving a profit of 1 Million dollars income and with Terry's owning (last I heard) 3 or 4 pazks> or $4 Million I don't begrudge a profit but this is obscene! Mary Salas was given the same song and dance story about the (park owners) not making enough profit! ! We aze a captive audience! We own the mobile homes, and we just can't pick up and leave to another pazk. There are none! You just can't let these people die or be kicked out on the street! Please, Come down and meet with several park tenants here and others in other parks. May Salas let us down! Her 1 vote put PROP 761 into the park owners lap!! Please ,don't do the same to us! Park owners now have added amendments to the bill before it's submitted to a vote .Read it We are all depending on you to protect the pazk tenants from a disaster! I was on the recent Stake holder committee that met with park owners and tenants, it was a waste of time! I wrote an article about any such meeting last September ,would be waste of time and expense and both the Union Trib and the Staz news published it. It cost Chula Vista almost $20,000 to arrange the stake holders meetings. A waste of money!! "Thanks for listening" Steve Molski 22-58 Petition Against Removing AII Rent Comirols TO Rent Control Commission Re; Rental Review Commission hearing April, l4 20Ii. Please be advised that aflter discussions with other tenants in Terry's Mobile Home Park as well as residents in other mobile home parks in Chula Vista, the consensus was t remoy,,ine rent ~o,~t~Qls rent cans i Unacce~table2 Most of the residents are on a filed income! With rents, food costs, utilities, gas, insnrance costs, (jnst to name a few,j constantly going up, it is a struggle "jest keeping yonr head above waters" Medical cash are going ups lYa social secnriity increases for two years! When you lose a mate, you only get one S.S. check not two but yonr expenses stay flue same. !t is critical that the well being of these residents be ever so carefully considered i With over 7,3110 people living in mobile home parks, it is critical for the residents to be protected! There are also, many handicapped people using canes and walkers in the parks. The greed factor in the park owners zeal for mare money is based on "baloney!" As was brought oat at the meeting, a 200 residents park multiplied at an average 5500.00 per month is a staggering sum. amounting to one million ,two handred fifty thoasand dollars ger year. With some park owners owning 3, 4, or more parkas The greed factor is undeniable! The rent caps also cannot be abolished! "!t just gives park owners a #cense to steal!" A potential buyer will back oat of a transaction, if the rent is "jacked np" and the sale is los#l .The park owner still collects the rents This also increases the "homeless" population is Chula Vistas Park tenants mast be protected! We, the undersigned agree with this flan. ~,'~~~. ~~ -~ ' Name Space # ~~ c~ ~ ~~ ~ ~~~ ~ ~~ ~ ~ ~ ° .~ ~~~ Name Space# ~~ a~ ~,~~ ~~~ ~~~. ~ ~~~ ~.~~~ ~~--~'~ ~~~ ~c~m ni/ ~~ ~~~~~ ~,~~kE~. a-~ l~~ ~~`~~ ~ ~~ c~~_ ,n p ~~ ~~~~ .~1~~f ~ ~~ ~~- • 22-62 ~~ ~~ ~' ,~. . ' 22-63 ~i ~ i urge your support for A~ 57~, to help protect our Gibes from frivolous law suites. This bbl will allow them to recoup L~gai fares, std fees and oth+ars deeured r+~avereale by'~e Courts. Ch~la'W'Ista, CA ~N1~.S~z,~_ n Rasldan# N N T I urge y+~ur support foc AB ~~~, to help protest our G~i+ss from frivolous law suites. This bill will .allow ~eur t€r recoup t.ei ~, staff fees and others. deemed recoverable by the Courts. china vnst.. cw Z~-~~ Resident ~-~- ---~--~ ~~ i urge your art for protect our ~it`~s from ~~ ~~ A~ 578, to help frivolous law suttees. This bill will allow fern ~- recoup ie~al fees, staff fees and others deed re+~overable by th+s Courts. ~incsoraly, ~~ ~`'~~ CAuNs 1lista. C/~l ~ .5`.- ~../ t~asidan# SUPPORT AB 519 i urge your support for ~~ ~~~, ~~ help prote~c't cur Gibes f~crn hivaious law suits. This bill will ailovrr them to recoup 1,ai fees, staff fees and others deemed re+~averable by th . Gaurts. ~Irt~4rery, Chute 'Vista, ca ~ ~ ~ OtasNdant. SUPPORT AB 519 I urge Maur support farA~ 579, to f~efp prated our Cities from frivaiaus few suites. "phis tiff wiif effow them to recoup Legef fee$, st>s9 fees end avers de~erned recoverabfe by the Gaurts. 8r;r~+>rere~y, Chui• Villa. CA lRasi~a nt N N SUPPORT Ili r-~'~S.G4Sdf1 Y~ ~ G' AB 5l9 I urge your support far AB 579, to help pro#eot our Cftfes from frfvaleu~ few suites. This bill wiif eifolw these ttt recoup tegef f, stefif fees anti otrie~s dl~emsd re~cawerabie by the Ct~ur#s. sr~,G*~~iy, l2hufa 1I{sta. CAA ~j#If„-.. ftsstdetf! SUPPUNI Rtl 819 f urge your support far ~~ 57~, to help protelct our Ci#ies from f~walaus few sins. This biff terili affaw them tal recoup Le~ef fees, staff fees and ethers deem overab~e by the C~aur#s. ~Inc~r+~~~, Chulw ilia(wr C.A i'~+s~tefani SUPPORT AB 5l9 i ur~8 y4~ut suppor# far .57~, t+~ help pre#eot I~ur ±Ci#ies from ~'ivpl~us Isis suites. This. #riif wiff aiiav~ them t~ recoup f»e~sf fees staff fees end offers deemed re+verabfs by the ~+~~. ~ina+~re~ry, Chu~l+~ V-~rls~. GA tklil~..,,,,,.-».,,......~. Resid+owtt ~urruKi Rnara I ur~e~ your support for AB STS, to help protect our Clues from friv©laus law suites, finis bill will ailaw them to re+r~up Leal Ease, s# fares and ethers deemed recoverable by the courts. ~huls Mists. GA ~. 4.1-f' R+ss#dsnt N N T T ~T ~ ~~ I ufgB y+0ur ;auppart faf AB STS, to help protest our Chies from trivc~lous law suites, This. bill will ~tilaw them to recoup 1,egs~l ~, sta~'tees and other dammed recoverubie by the ~t~urts. ' , . ~ina~r+i#~ly . ' ,. i~ti,. - - ~ <..~ , Chuffs i/1sls. CA ', -- ~ ~~~ I urge year support far AB 5~'~, to help pia#ot~ our ~'~ti~,~~fr~rr~ friv~alau~ law sr~ites. Thla hill will allow them to r~c~-up Leal fees: staff fees and others deemed rev+~ra~le by the Gaurts. ~~naar~~y, ~ ,,,~#~~ ohui. ~e~. a~ ~ ~ 1 ~-I~ Ft+MSIt~ ~t SUPPORT AB 579 I urge year support far1~~.~7~, to help protect our ~Citi~s tram ~lvobus lavit suites. This hlll will allow ttmm to ret~aup legal fees, s#a~ fees and odrers deemed recoverahle by the courts. ,. #i~a+arrely, - ~ ~... r«' •~ <v~ F't...a Chain Vists~, CA ~t~~~-=-,i~~ J~ Rsrsldsnt "4..~ 2011 06:45 111 GJM ~ PAGE 01 Important IniliOrmatioM. June 20.2011 7o Mandy Mills . From Brenda D. Steed Fax: 81& 5855898 Fez Tel.: 818-409-5948 Tel.: E-Mail: This tax consists of 8 popes indudlnp cover. Please Inform us if transmission armts ` ~ Mi Mandy: Please find attached the Petition against any amendments to Ordinance g.5 at ln- il dudes no S25.OO/yr. Fee for the commission. We are finandally strapped and you will eve to find some other venue for grating your budget I am afraid. We have a food drive and ~ who are living on lass than 5100.00 a month after they pay their space rent. It is into ivable ' i that you would look to us seniors in these hard economic times. Sincerely Brenda. D. Stead. CCNA, CCNT. A+ Rstirod Senor b Pstrlot Palace Gardens Mobile Home PaAc 1 22-67 P ~6/20/20~1 `, 06:45, .f~'~11^ . ,__s., GJM ~q' Vu76 ~vo~gniy gM~NDltitEn~~Ts ~~ URO~NAIVCE ~ M,tryPHW~~L'~S~w~~yo~ c~~~-CovNC~c. M~ TO: R~~OIiTZiat COLON i C~DLA VI'S~A PETTITOI~T AGAINST REMOVlNC' ALL RE111T CONTRd ~ Pleave be advised 15at o[Palece Ciocdms 116abllehaowa Pa:k ~ 1425 Second Ave flod ~het~avl+o~ ~aot ooo~is sod ~ ~ ~ Ur1ACG'~TABLB. Wer tl~e ~gtred agt+ee ~ this pet+~• ~~ i i i c --- ~.~.~ R n .~"--' kA; ~ L. a Z- A r /~ l~ ~ ~~~ o-w,. Q~i-cl4-~.r~~, 9 5' f~a..* Ce+~-a-Q, PAGE 02 S ~~/iS w z2-sa To: RENT coNTROL coMMtssaorr ~ ci~.A VISTA PE'TITioN AGAINST RE1ViO~VING ALL RENT CON'T'ROLS Please be advised that tenants ofPalace Gardens Mobilehome Park at 1425 Second Ave find that removing rent controls and rent caps is UNACCEPTABLE. We, the undersigned agree with. this petition. N 8~~~ ~y ~f11~ ~} ~ Spc # ' Nance Spc # ~ ~ ( ,' ,i^ EFL .~ ~9 ~,~=2~ ~~ r-_s ~~'~Eto.~Z9L-~ ~- '/,t/lt9~4 Y ~G z ~ ~i//7Q ~'1 ~~tscj~'d1~C.41~t ~oz.,q, ~r ~ ~ ~~~ ~t .~, z s ~ S gnl~a..s D~L,~e ~- z-~.~- ~e=.~~ . ,~ h ?~~.~~~ ! 22-69 TO: RENT CONTROL CONIlVl:CSSION I CHULA VISTA PETITI®N AGAINST REMOVING AI.L RE1~3"T CONT1tOLS please be advised that tenants of Palace Gardens Mobilehome bark at 1425 Second Ave find that removing rent cosrirols and rent caps is iJNACCEPTABLE. We, the undersigned agree wlth this petition. Spc # Name Spc # 22-~0 TU; RENT CONTROL GOMNIISSIUN / CI~ULA VLSTA PETITION AGAINST REMOVING ALL RENT CONTROLS Please be advised that tenants of Palace Gardens Mobilehome Perk at 1425 Second Ave find that removing rent controls and rent caps is UNACCEPTABLE. We, the undersigned agree with this ition. 22-~~ TO: REENT COI~ITR®3G CQMMLSSIUN / +CIIULA~ VISTA PETITION AGAINST REMOVING ALL RENT CONTROLS Please be advised that tenants of Falace Gardens Mobilehome Park at 1425 Second Ave f nd that remmoving rent controls and rent caps is UNACCEPTABLE. We, the undersigned agree with flue p~ition. Name Spc # Name ~~ ~ ~., ~~ ~t ~.. ~~ ~[/~ 06!20/2011 as-as ttt GJM PAGE 0fl - - __ _ 1..~. _ ..~.~-..~. -.. .._ . .~~~ .'~~~r^....r1~R t-o Q- v ~.. ~ c_ c ~-,,, TO: RENT CONTROL COliI11~IISSION / CHULA VLSTA PETITION AGAINST REMOYII~IG ALL RENT CONTR Please be advised dint temmta of Palau Gat<{ens l~iobilehaeae 11425 Second Ave 8nd dint tanoving c+aot couttols and root ceps is E UNACCFaPT'ABLE. We, tha tmdetsi~ed agrao with this petition ama Spc# Name S # /' }-- , I r ~,< J i uy. 1 v 22-73 Petition Against Removing All Rent Controls TO Rent Control Commission Re; Rental Review Commission hearing Apri1,14 2011. Please be advised that after discussions with other tenants in cAsR~-~ ~=~ ~°~E Mobile home Park as weII as residents in other mobile home parks in Chula. Vista, the consensus was that removing rent controls and rent caps is ITnacceptable! Most of the residents are on a fixed income! With rents, food costs, utilities, gas, insurance costs, (just to name a few,) constantly going np, it is a struggle "jest keeping your head above water!" Medical costs are going up! No social security increases for two years! When you lose a mate, yon only get one S.S. check not two but your expenses stay the same. It is critical that the well being of these residems be ever so carefully considered With over '1,300 people )ivmg in mobile home parks, it is critical for the residents to be protected! There are also, many handicapped people using canes and walkers in the parks. The greed factor in the park owners zeal for more money is based on "baloney!" As was brought out at the meeting, a 200 residents park multiplied at an average 5500.01/ per month is a staggering sum amounting to one mIIlion ,two h~dred fifty thousand dollars per year. With some park owners owning 3, 4, or more parks! The greed factor is undeniable! The rent caps also cannot be abolished! "It jest gives park owners a license to steal!" A potential buyer wIIl back out of a transaction, if the rent is "jacked up" and the sale is lost! The park owner str71 coIIects the rent! This also increases the "homeless" population is Chula Vista! Park tenants mast be protected! Steve Molski i 22-74 CABRILLO MOBILE LODGE SIGNATURES SUPPORTING PETITION AGAINST REMOVING ALL RENT C ONTROLS ITEM SPC# NAME (PRINT) SIGNATURE 1 Z ~.( F s .fi 2 lJN ~4 ~J t 4([NSI~d/~w n (l ~! iV Pl Y ~ ~~ ,~ e / L U D ~ r-~ci , 4 z ~, 5 _L 6 ~ ~~~2/n ti ~U. G a4-V'C ~ < ~ ~ ~'~ ~ ! 1 ~' s 9 a i S 10 E G. Z-' ~. S ,Z. 11 q .~Pi /{ i _ /Y1,H !2 1 C . /IL~lI lL / Ztc 12 G 14 Q ~- Ci . 15 ~pw~-cam. a2.nr~ Lt cL8- er ~~ ,'~~°'. 16 ~ L . E/~ R ~ z . is ct ~L S 19 20 22-75 CABRILLO MOBILE LODGE SIGNATURES SUPPORTING ~, PETITION AGAINST REMOVING ALL RENT CON TROLS ITEM SPC# NAME (PRINT) SIGNATURE 21 L i/C'~L~ ~ z~S ~. 22 ©s c ~ i 23 :J - ~ S -~ ~ 24 c ' 25 i E!~ 26 Cr . a - ~ r z7 n e za ,: a ann e,r 29 J URrt1d7 Rn e i o /~' /2 30 , 1 ~_ 31 LC ~ vi.si ~ q ~ GG~rif.Cti! ~L8^^'~-c 32 ~ c~ ~ Z 33 r r U 34 '-f ~` ~ ~ G 35 1< X ~1 36 ~ UJ /.~f~ /yL Oy/ p LL C,4 ~ 37 38 p~'c~`,G7` ~ e 39 ~ l ~`1-,~-j~ ao o Y c cc. ~. N c< e 22-76 ~ CABRILLO MOBILE LODGE SIGNATURES i SUPPORTING PETITION AGAINST REMOVING ALL RENT C ONTROLS ITEM SPC# NAME (PRINT) SIGNATURE 41 ~ 43 - sy`~~5 ~ .~' 44 a S E"~ /~ Y Crl- ~~ 45 f.~ _ 46 ~ / 47 ~~! ~ ~ L ~/!~ - 48 sO qg tcy~1-~ 50 5 _ 52 ~,,, w.p.,.~ o O c+vC. 53 ' a ' 54 ' ~ ,Q~C,C7C~ ~ GC.U Lea- .c..~-~_.-, 55 { LL. E' -~. 56 U"D I7 i! 8 /Y1 t~-~f7 / ~, G'~''~~ 57 58 59 60 22-~~ From; Pat La Pierre !apologize for my absence at this hearing; ! am having some health iswes. so please accept this (ester as my opinions of the City's changes in our Ordinances. 1. I am strongly in favor of-the Cap scenario for change of ownership. This appears to be the least cumbersome for park owners and residents alike. The pork owners are allowed to raise rents up ro market levels os ser forth according to our Ordinance by City staff. 2. The Administration Fee (Fee for Service) to me Ls a necessity. This will ensure the continuation of our Ordinances, thus protecting park residents in the future. These fees will allow residents and Crty to hire fair return analysis experts and MA! appraisers to rebut the expensive fawyers and experts the park owners have hired in the past. lust this past year residents were pitted against huge rorporate lawyers and their hired environmental analysis expert in defense of our Ordinance. f don't pke to 6e redundant BUT our return analysis expert needs to be one that has o proven history of rourt acceptance os to fairness of his/her report. 3. !also notice the failure io address the MANDATORY TRACKING issue. This is on extremely important component of the Amendments to the Rent Control Ordinance. Without these figures how con the City and Commission ensure the taps allotted to parks are accurate to market rents and that o just invease is passed onto the parks. CLOSURE ORO(NANCE 1. What exactly is the definition of DEPRECEATED REPLACEMENT COST? Is the independent appraiser to appraise the home in place and NOT pull-off value? 22-78 This is a speech made by a California Attorney (Mark AI pert) referring again to the tactics the WMA, Pork Owners and other organizations supporting removo! of rent controls are constantly using to FORCE our cities to Vacate Rent Contra! Ordinances. Page 3 is the most blatant port of his speech. ~ ~ J •~ t.~' ~r~'1 I ~ j~~,~~~ 22-79 j~3 Ptnperty Rights Foundation of America'v Speech from Proceedings of the Eighth Annual New York Conference on Private Property Rights (2004) HOPE FOR PEOPLE FIGHTING RENT CONTROL 11Aark Alpert Thank you. Wek:ome, everybody! Yes, h is true. I am an attorney from California and so 1 will talk like an attorney, but since I am from southern Cal'rfomia, I will spice in "dude" here and there. That way I will just kind of folbw the theme. The title of my presentation is "Hope for People Fighting Rent Control " I am going io talk about some recerrt devebpments such that you might want to take a little pen to the title and put a little questien mark at the end of that There have been some recenf devebpment5 which 1 will talk about, where there is some hope for people fighting rent control, but some recent devebpmertts in the Supreme Court have raised some questions about that hope. With the hopeful cases that t have come here to tack about, I am just going tb discuss the concepts on these cases. I am not going to be too lawyerly here. There is a case called Chevron USA versus Lingle. tY is a case that comes out of the Ninth Cirwit, which has been an unlikely source of some really positive cases for rent control, and they are actually cases that bleed over into land use in general. The simple proposRion of the Chevron USA v. Lingle case, which comes out of some other Ninth Circuit cases, is that property regulation has th substantially advance a legitimate stale interest. What does that mean? It simply means it has got to actually do what it is supposed to do. If it is rent control, it has got to achieve the goal of rent control. IF R is zoning, R has got to achieve the goal of zoning. tt seems like a reasonable proposition, but from the standpoint of government regulators, that is a hurdle that is just way tno high ro reach. So, intact, if you look, I have got the dissenting opinion of the judge in lingle who says this: 'Under the panel's holding virtually alt rent control laws in the Ninth Circuit are now subject to the 'substantially advances of legitimate state interesC test and many of those laws may well be held unconstitutional under that test Rent control is often inefficient and sometimes unfair, but we should not confuse ineffidency and unfairness with unconstitutionality.' So these are the high words of sterling recommendation for rent control. The hest has been followed fairly recently in a case that has also sent some shock waves, called Cashman v. City of CotaE, which occurs in the mobile home rent control area, which is where [ work a lot. In Mat case, in fact, the "substantially advances" test was held to make this rent control ordinance unconstitutional. Let me explain just briefly why. It is kind of a common sense iswe. The idea behind rent control in theory is to provide affordable housing. Thais what everybody's common sense understanding of what rent control is about Now, regardless of how you feel about that social policy, the question is, does rent contrd actually make more affordable housing? The bottom line answer to that question is rro. In the context of mobile horse rent control, it becomes even crystal clear, because this is what happens. In uties like Caoitola which has a mobile home rent contraE in combination with vacancy control, which means after a resident leaves, the rent stays the same for the next resident In Caaitoia. in fact, the dient we represent rents spaces within walking distance to Uie Santa Cntz boardwalk, some of the mast valuable property in the country. The space rents are 5210 a month. ThaYs 57 a day. tt costs 515 a day to rent a pair of skates at the boardwalk, just a walking distance away from there. So you have this realty confiscatory level of rents. What happens? Well, whenever you have rent control yourh~avs that these relsidentsrswho maythav been ;he resident or tenant owns the mobile home. What happe there for many years and have enjoyed the benefit of Utese really depressed rents, turn around and self basically what is a glorified tin can for about 5150,000 or $200,000. Why does that happen? Because they just want the right in rent the space at this 6ekrv+-market rent in a really valuable area. What's 22-80 2 ~3 happening is there is really a transfer they call a premium, a transfer in the underlying value of the property, from the mobile home park owner to the resident Now, this prevents any goal of being advanced as Far as rent control because, yes, you are paying lower rent,, but that amount of bwer rent is just being transferred dollar for ddlar into the higher price for the mobile home. You are not achieving any purpose, or any legitimate state purpose. Using that logic, the Cashman v. Cotati case has overruled a rent contrd ordinance. Many other rent control ordinances were subject to similar challenges. It is hardly news to almost anyone, particularly in this group, that rent control is just bad poliq. It doesn't make sense. Ecorwmists can't agree on anything, txrt ninety percent of the economists in the world agree that rent control is a stupid idea. So why does rent control exist? Why does it prevail? It is politically popular. One of the framers of the-ConstituFron was Madison. One of his concerns, along with the other framers,-and why they adopted the Fifth Amendment, was they were concerned about what you would call "the tyranny of the majority, where political majorities could, in essence, vote to take properly from minorities. That Is exactly what has happened in rent control and why rent controls has become, in effect, popular. The problem and the reason for the question mark that I added to the title was that the United States Supreme Couri just granted ceR on the Lingle decision. What we had thought had been the law for quite sometime now in the courts of the United States, this "substantialy advance' standard, is questionable. I went to a conference a little more than a week ago put on by the Georgetown Law School. It was at UCLA and this is where all the `great minds" of property rights were there speaking and they wen; just excRed. They were beside themselves in excitement over the fact that the Lingle pse had been granted certiorart. Just to let you know, these folks were basicaEly regulators, they were academics, they were people working for governments in California. I was sort of like a spy behind enemy lines. It was very informative, but it was very spry. I remember one of the comments of one of the speakers was-the Fifth Amendment to the Constitution, of course, says you should nottake property for public use without compensation. So his reaction was, well, you know what that means. That means if you take it for private use, you don't even have to compensate. This is a respelled academician who is publishing ideas like this, and Mr. Miniter, who spoke earlier about his experiences in Europe, made me think of one of the other comments of the faculty members, which was that we really need to get away from this Ameripn Idea of property and more to the European view of what property is. That is, unfortunately, where we may be heading 'rf the academic intelligentsia have their way. There have been some other developments in the Ninth Circuit that have been pretty positive for rent control and property rights in general, but to a large extent they hinge on the continued existence of the "substantially advances' test There have historically been really two problems that a lot of property rights litigators have faced. Number one is the statute of limitation issue and number two is a "ripeness" issue. The statute of limitations is a problem bepuse, espedally in the area of rent control, many of these laws are triggered earlier than the lawsuit Basically, you can't challenge these laws if they are triggered at the date that they an=_ passed, and that has become a problem in many situations because many of the rent contrd laws [hat have been passed and other regulatory laws have been on the books for many years. So property owners are therefore out of luck in many cases. There have been some positive developments in pses that we have worked on, which have basiplly been in the Ninth Circuft, which have allowed an expanded notion for the statute of IimiFations based on--how do 1 desst f e rnewt uses. being too much of a lawyer dock?-Dosed on sort of spedfic applications of property j For example, in the rent control context, a rent control ordinance may have peen passed twenty years ago, but, if you bring in an application for a rent increase in the last year, you ran, in effect, bring the rent control ordinance bade in. You pn make it a timely challenge. 22-81 3 ~3 The'second area is ripeness. Ripeness is a real problem for those of us who want to be in federal courts to litigate takings claims- The reality is, in most cases, that you want to be in federal court, particularly if you are in a place like Califomia. The ripeness concept is sort of amusing. Basically, this comes from a decision in 1987 by the Califomia Supreme Court which says, well, let's say the government regulates and takes your property. They pass a zoning ordinance or they pass a rent control law. Your property actually hasn't yet been taken in terms of the Fifth Amendment You may not real¢e it, but it hasn't been taken. The Fifth Amendment only protects you against taking without compensation. And it is not just without compensation, you actually have to ask for compensaton. It is not errough that they took your property against your consent, you have to ask for compensaton. Okay, I'll ask for compensation. You can't just ask for compensation. You have to file and lose a state court lawsuit before you have been denied compensation under the 1985 of Williamson County. That, in effect, has become an amazing procedural bar to bringing rent control la+~suits. Now, Lwant to go the four points that are, I think, important for being successful in bringing land use and rent control challenges_ First, present an emotionally appealing case. 1 think that, for those of us who believe in property rights deeply, we believe in it from an intellectual standpoint. We understand it completely, but we don't always go for the guts. We don't ahvays go for the emotion that is there and it is there to betaken. For example, in the bio that I have there is a description of the Yakuras_ The Yakuras, who are represented in a rent increase application, have just this great personal story. They were Japanese Americans, and they had been interned during the war. 1 had them go before the rent board for a rent increase and tell their personal story. Mrs. Yakura is just this spunky, adorable 85-year-old woman, and I had her standing there. I was shamelessly appealing to the emotions before this rent board. These rent boards are really entertaining, because you have all the mobile home residents there. It is like an episode on Jeny Springer. I am getting booed as I make my arguments. It is hilarious. But the people there, the politicians there, that are on that board responded to the emotions. They responded to the personal story. Sometimes you have to appeal to pecple on an emotional level. Second, there really is strength 'm numbers and organizing. One of the polticians that was at that conference that 1 was at made fhe comment that the squeaky wheel is what gets taken care of. The other wmment he made was specifically in the context of mobile homes. He said, let's see, we have 250 mobile home residents who vote as a block versus one property owner. Yau do the math. Who is going to get taken care of? So it is crucial to organize and have your voice heard together to get an impact. Third is actually make it expensive. Litigation is a strategy that works especially when cities are strapped for money. That often brings them to the table. tt has worked for us. It has worked even in places like New Jersey where we have challenged rent control. In essence, What happens is that the cities just get tired of fighting Litigation? They can't afford to protect the small group's interest and bust the budget. Finally, there is politics in voting. One of the best judges that is out there on property rights is Janice Brown, who is the Califomia Supreme Court judge who was one of those judges that was locked up in the Senate, and she is just an amazing judge in terms of property rights, one of the few that is out there. So we really need to work pofdiglly, be politically active to change the politics. Thank you very much. 22-82 Attachment 5 Park Owner Correspondence 22-83 T h e L o f t i n F i o m LLP Attorneys at Law Via Fe~IF.z Overnight May 10> 2011 City Attorney Glen Goggins CityManager Jim Sandoval City of Chula Vista ?76 Fotuth Avenue Chula Vista, CA 91910 R7: Rent Control Ordinance; Vacancy Decon#rdl; City Administration Cast Dear Sirs: This Pirin represenfis the Chula Vista Mobilehome Park Owners Association ("CVMHPOA") with regard, in par[, to the issues related to the City of Chula Vista Rent Control Ordinance. With both the Chula Vista Mobilehome Retit Control Review Commission and City of Chula V ista's (the "City") staff currently considering changes to the City's rent control ordinance and alternative ways td fund its rent control bureaucracy, the Chula Vista Mobilehome Park Owners Association (CVMHPOA) appreciates the opportunity to clarify its positions and to convey its requests oii these matters. Permanent Vacancy Decontrol CViVIHPOA has ,consistently utd historically held that mobile home park rent control should and immediately in Chula Vista. This remains our Client's position. The current rent control ordinance bas a partial vacancy deconttol provision included in the ordinance (See, Chula Vista Ord t! 9,.10.77). However, these provisions are very cumbersome and e3pensive provision for all parties involved: the City, the selling resident, the prospective resident and the Park Owner. This section of the City's Rent Control Ordinance is a "partial vacancy decontrol" provision because the mechanism allows the Park Owner to request an increase in the rent wlten the mobilehome or manufactured home is sold, subject to the right to object by both the selling tenant and prospective buyer and a hearing, but after the heiv base rent is established, then the space again becairies silbject to the City's Rent Control Ordinance. This limited and cumbersome process has not provided the Park Owners with a fair rate of rettun mid has resulted in significant depreciation m value and inability tq maintain amenities due to a lack of fair market 22-84 City Attorney Glen Googins City Manager Jim Sandoval May 10, 2011 Page 2 of 3 rents. (Penn Central Transportatiarr Co. v. Ctry of New York (''Penn Central') (1978) d38 U.S. lOd, IZd; See, also, Nollan v. Ccr7fornaCoastal canvtnission r1987J 483 US. 825, 834 n.3)t) CVMHPOA recognizes the City's desire to protect the tenants who currently have a tenancy and reside in the mobilehome parks. The goal of CVMHPOA in making tfie recommendations below is to to create long term stability for both mobilehome .park residents and park owners, which stability will alleviate costly litigation and administration [hat has marked Chula Vista's failed mobilehome rent conrol pplicy .. As a comprise position, CVMHPOA will consider permanent vacancy decontrol provided such reforiiis can be enacted within the nest sixty (6Q) days. Permanent Vacancy decontrol means that upon sale or transfer of the mobilehome or manufactured home, the purchaser would be charged the fair market rent at that time. After the sale to the purchaser, the space on which the sold mobilehome is located would dot bb subject to the rent control ordinance from that point forward.. This comprise position is fair to everyone 'involved id that (1) the Selling tenant is not subject to a hearing before the reri[ conn•nl board for asking a price which the prospective buyer be[icves is too high, (2) the prospective purchaser has clazity as to the rent, and the future rent, (3) the City is relieved of at (east two (2) 'if not three (3) hearings before the Rent Codtrol Board, and (4) the Pork Owner will have the ability to insure a reasonable cafe of return and sufficient funds to continue operation in the future. Our client's willingness to consider permanent vacancy decontrol is a gesture designed to demonstrate their goodwill and their wil[inbmess to 831ow the City to "phase out" thes8 archaic ordinances withoirt changing the benefits and prdtections fo which current tenants and residents have grown. accustomed. Many jurisdictions locally, such as the City of Oceanside, and statewide have concluded that permanent vacancy decontrol is an appropriate compromise [hat balances the interests of all parties, while altowng cities a process to get out from under the financial, legal and regulatory burdens resulting from rent cantirol policies. Rent Control Adwinistration Costs Chula Vista's rent codtro[ commission has consistently demonstrated a bias against park owners and their interests, For this and other reasons the park owners will not participate in the funding, collection or administration of a feeftae and financing scheme to iitaintain rent contrdl in Chula Vista. Unless the feeltas to support Rent Control is voluntary, then the imposition of this fee/tax will require the vote of the residents of the City to approve, and then to implement the fee/tax. These costs must rightly be born by park residents who benefit from the system. The Mobilehome Residency Law specifically acknowledges that these fees are the responsibility of the residents who benefit from Rent Control. VJe encot,irage the City to continue to work directly with residents on this matter (we have been informed the City staff has commenced this process,) The goal of these positions is to offer a reasonable alternative. to lengthy and expensive litigation to resolve tUe issues related to rental rates and funding for rent control. As stated at the begiming of this correspondence, our ClienLS firmly do not support rent control and the effects ft has had on the Parks in 'See, Hal! v. City of Santa Barbara [9`" Cir. 198G) 797FZd;' Cashman v. City ofCota[i (9`r` Cir, ZOU4); Guggenheim v. City of Goleta (9'" Cn•. ?009 58Z F 3d 946, reheuing en bar granted, vacated by Guggenhei»r v. City of Ga[eia (9°i Cir., Dec. 22, 201 U) 2070 U:S. app. LEXIS 259E 22-85 City Attorney Glen Gaagins City Manager Jim Sandoval May 10, 2011 Page 2 of 3 the City; but are willing to compromise that position to assist with an orderly frazisition for all parties concerned. We look foiward to meeEtng with you and continuing the positive discussions on these matters. Siicerely THE LOFTIN FIRM~~ ~ /J Sy: Sue Loftin, Esq. Cc; Mayor Cheryl Cox Rudy Ramirez (Councilmember) Patricia Aguilar (Co6ricilmember) PamelaBensoussan (Cowicilmember} Steve Castaiieda (Couriclmember) 22-86 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] TO: (1) UPDATE VARIOUS ADMINISTRATIVE ITEMS; (2) ADD SECTION 9.50.030 [ADMINISTRATIVE FEE]; AND, (3) AMEND SECTION 9.50.077 [VACANCIES AND RENTS UPON CHANGE OF OWNERSHIP] 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 2002; and WHEREAS, the Mobilehome Rent Review Commission (MHRRC) of the City of Chula Vista has intimate knowledge of Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) and is charged to provide advice to the City Council and City Manager on matters relating to mobilehome parks as identified under CVMC 2.31.030 [Functions and Duties]; and WHEREAS, the MHRRC has provided referrals at the October 2010 and January 2011 MHRRC meetings to staff regarding various administrative issues with the current version of CVMC 9.50 and the desire to further discuss potential amendments to the ordinance pertaining to change of ownership cases; and WHEREAS, mobilehome residents are a distinct segment of the City's population and they, by the application of Chapter 9.50, receive unique services and benefits, including, but not limited to, a rent calculation (via the annual permissive and increase above annual permissive) which results in reduced rents and related ombudsman services; and WHEREAS, current funding sources for the administration of CVMC 9.50 faces imminent cuts and, without a permanent funding source for such administration, the ordinance would face possible elimination; and WHEREAS, the City desires to establish an administrative 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; and WHEREAS, the City also desires to provide temporary decontrol upon change of ownership, removing the right to petition upon sale, in order to relieve the administrative burden of change of ownership cases, allow market influences to drive incoming resident initial space rent, and keep the original intent of the ordinance to provide existing/incumbent residents with protection from excessive increases; and 22-87 WHEREAS, on May 31, 2011 the MHRRC held a special meeting and recommended that City Council adopt staffls recommendation; and NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: ACTION Chapter 9.50 of the Chula Vista Municipal Code is amended as follows: 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 Initiation 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 park. 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 and 2862. 9.50.001 Findings. 22-88 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 particularly 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 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 ap°,~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 amore affordable housiu cl¢ mice°~ -~° ~r °+F•~-•~'~•'~'~'~~ •°~•~~ E. The city council further finds that there exists serious health and safety issues in some mobilehome parks within this city rthat 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 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 park 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. 2862 § 1, 2002). 22-89 9.50.005 Purpose. A. The city council intends by this chapter to create a process to protect both mobilehome park 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 ajust and reasonable retum 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 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 housine choice^ .^ ^ ,.r..+r..,~^~~o ~,.. :..,.. 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. 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 ,tune 15, 1976 Chat meets U.S. Department of Iiousinu 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. 22-90 "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 park 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. 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 separate 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. 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 thereat 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. 2862 § 1, 2002). 9.50.015 Applicability to recreational vehicles. 22-91 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. 2862 § 1, 2002). 9.50.020 Legal requirements and procedures created. This chapter creates legal requirements and procedures bvhietrthat must be followed when rent is increased in mobilehome pazks. 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. 2862 § 1, 2002). 9.50.030 Administrative fee. T'he city council finds that this chapter provides unique benefits and services to a limited se;nnent of the public, specif3ca(ly 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 re«arding the amount necessary to recover the costs of administerine 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 Ciri~ of Chula Vista Master Fee Schedule. The fee and manner in which to collect it shat] 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 calct~tating ministerial cent 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 cifcouncil 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 he made current F. This section shall be operative July 1, 2012. 22-92 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 °~•°'^„„,°•,' n°„^~„•° '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. B. The ~,nn.~a=arp~~°'~r•~~„' a^~~•*•~°„'cif shall mail to each park owner or their agent the applicable CPI to be used for the rent increases as soon as the cotes"xracrtiit~~-uv'~'-'dv°~x'c^sprziciri d2pe''~^„+^„+c~ receives the CPI from the Bureau of Labor Statistics. The CPI is published twice each year by the Bureau of Labor Statistics. Park owners shall use the CPI furnished to them by the c~ 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 ^ ••-•~•••„~'° a°• ^'^•~ ~°„+ •'°^^•^•r^„'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 pazk 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 pazk 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 r,..,,., „•+., n°. ~i^„„,°„+ r,°„,...+.,,°„+ ^v +H° r;+,, cit~a complaint alleging the mobilehome park's violation of the rent increase provisions of this chapter. Such complaint must include documentation or other information which 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 years, 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 L=~~it;» n,.,°i°..„,°..« r,°„,,.»..,°„'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 r,.,,,.,,. „:«: n°.-.,i ...„,~.„..,..„..,...~.,..'city with the requested space rent information or knowingly submitting incorrect information shall be considered a violation of this Chapter. (Ord. 2862 § 1, 2002). 22-93 9.50.063 Rent increase above the annual permissive rent increase. A. In any situation where a mobilehome pazk 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. 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 l~tlr-the 4~;M~~' n^..,i„~..,,.,« n^..^.r.,.,.,« ^.,a vi....,:.,,. ^..: R.,as., . n^...,.»_^,« „frr„ City of Chula Vista at the addresses identified herein +„_ ^.,,.~ „yrl,^ ,v^ °,,,.,r^a n^..,_«..,^.,r,. City of Chula Vista Attn: Mobilehomes 276 Fourth Avenue Chula Vista, CA 91910 n tr.,. LI,... ~:.,., TT^r^,.^. 0 ri i v' ~ nio n ,.. ., ..«.. n i Arr.,. A.. .:..r....r Tl:..,,,.r.,../R. .: 1,7:.,,, /lF'+.,.:.,I 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. 2862 §1, 2002). 9.50.064 Avg-"."n^etings-m.a--Dassih;< <~:~t~T--^r^~'~t.n*~;~slnformal meeting requirements. Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063~nd-9-7, 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 heazing but may rely on other residents of the mobilehome park to cause a public hearing 22-94 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. 2862 § 1, 2002). 9.50.066 Request for hearing form Mobilehome residents shall have aright 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 ra~.'~ r'^•r-^ •,~~~ T~~^^,^^•^^^~ ve^°^^~°•~~city within 30 da s of the deliver of "Notice of ~r~ Eau ,,,. y Y Rent Increase in Excess of the Annua] Permissive Rent Increase" from the pazk owner or their agent. The request for hearing shall be in substantively the form prescribed in Appendix One of this chapter. (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. Upon the filing of a request for heazing in accordance with this chapter, the r'~an~;;;;i;- a.,.~,^^^,~~~ '°~•-'^~°^*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 pazk owner or their agent shall post in a conspicuous place within the mobilehome park a copy of the written notice of the hearing. (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 ~`~~-•~~ ~^ ~,• r, ..°i,...,,^.,, ~ci~ 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 heazing. 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 22-95 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 similar 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. f 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 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 park 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 park 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 met ,,.~ ...,~ .,..,,,~ w.. „ nn,,...ti~,_ ,..~~., ~,.i r.,...:,,.,_, innnn , ~.tair return analysis expert. The City, as well as the park owner, shall have the right to hire their own ..a~..~~ao~. nn n r ., ~-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 "compazables" 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. The City, as well as the pazk owner, shall have the right to hire their own independent MAI appraiser. 22-96 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 park 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. 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 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 t."t°~'^*~F '~",~° r,°,,...:°°~ ~~'° '°^~°~^^ ~~- 90 days after the resident's original receipt of the notice of rent increase, ~~°"'°'~~~~°°~- ~^ '^~°- ~~~'°^° ~ The commission shall have the rieht 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: 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 heazings 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. 22-97 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. 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. 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. CB. Park 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. 2862 §l, 2002). 9.50.077 Vacancies and rents upon change of mobilehome ownership. 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 park, a park owner may adjust the space rent without regard to the provisions of this cha ter.a. ,..i, ~w„ o.,« , i, ,,,,. t„ a „ - ~~• ,°~«~ ^^~'^~ ~°~' "°~°~^ Once a resident is in place, the provisions of this chapter are aaain applicable. However, no rent increase may be charged upon change of ownership by reason of interspousal transfers or for persons on a 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-yeaz 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. 22-98 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 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 and if an increase in the existing rental rate is proposed, the corresponding percentage of the increase in rent. 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. 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-atx# 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 and if an increase in the existing rental rate is proposed, the corresponding percentage of increase in rent within 15 days of receiving written notice of the pending sale of a mobilehome. The park owner shall also provide the new mobilehome owner with any other document required by California Civil Code section 798.75(a). 1. 22-99 cc~o nxv ~~ oc,cc vwiccc vicu & x v¢cv v~ x¢rrt _~¢ac-nz-c~ccc~o~nrtc .. - NE' ~ C ~. ^ ~~^^.~ (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 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 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 °~~'~^^'1~'r-aA -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 amity-citva°•'°'^~^'°^` a~°^^"~~•~ 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. 22-100 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. 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 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 pazks 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 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 Government Code Sections 65863.7 and 65863.8 as well as the provisions of the City's conversion ordinance, Chapter 9.40. (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 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 aware of those code violations which may create serious health, safety, and welfaze 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. 22-101 The requirements of this Section are not applicable to those rent increases upon a change in ownership of a mobilehome to remain in the park. (Ord. 2862 § 1, 2002). 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 pazk 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 welfare of park 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 ;crane ntci~, 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 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. 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. 2862 § 1, 2002). 22-102 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 C°~~^,••^~«^ n°~•°'^....,°^* r'°^°-'~~•°~roicy 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. 2862 § 1, 2002). 9.50.085 Compliance with law and posting and disclosure requirements. A. Every mobilehome park 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 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 A copy of the disclosure acknowledged by the buyer shall be an addendum to every rental agreement. MUNICIPAL CODE CHAPTER 9.50 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 950.077, which 22-103 space rent. If the cumulative annual increase 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%), then the _ ~~~~_p~~':-~° __="?'°'_~"__ _..___. '"~~~ °e-current mobilehome owner ~"c'~has the right to request a hearing from the Chula Vista Mobilehome Rent Review Commission for enforcement of Chapter 9.50. For the purposes of this pazagraph "cumulative annual increase" means the total rent increase for the space within the past year. For example, if the annual permissive rent increase is four percent, but the rent was increased less than four percent, the park owner may require an additional rent increase up to the total four percent without becoming subject to the right to appeal provisions of the Mobilehome Park Space Rent Review Ordinance. This hearing must be requested within 30 days of receiving such written statement by submitting a Request for Hearing Form the City of Chula Vista ~'^-~~••~••~*; r~,..°°'~~-~°~•' n,°••~-"~-•~', the address of which is listed below. A copy of the Mobilehome Rent Review Ordinance is available at the City of Chula Vista, EefnntttniH, Bent ;tAttn: Mobilehomes, 276 Fourth Avenue, Chula Vista, CA 91910 or one can be obtained from park management. Acknowledgment: Date: Name (Ord. 2862 §1, 2002). 9.50.087 Implementation guidelines. After a noticed public hearing, as it deems necessazy, the Commission may adopt guidelines or regulations to aid in the implementation of this chapter and to assure a fair hearing process. (Ord. 2862 § 1, 2002). 9.50.090 Mobilehome resident's right of refusal. 22-104 A mobilehome resident may refuse to pay an chapter. Such refusal to pay shall be a defense mobilehome space or to collect a rent increase. 9.50.092 Retaliatory eviction. y increase in rent which is in violation of this in any action brought to recover possession of a (Ord. 2862 §1, 2002). 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. 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 chazges were willfully and improperly collected, require a reduction in rent or a reimbursement of such improperly collected rents, fees, or chazges, in an amount of up to triple the amount of such improperly collected rents, fees or charges. (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. 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. 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 2862 § 1, 2002). 22-105 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. Velantur~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 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 the increase. To file for such hearing you must deliver the request for Hearing form to the ~'° ~`,,.,~.... ^~~~ T'°°°'~~~~~~" r'°~°-`~ ~~~' C~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 Meeting. 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 22-106 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 violations which apply may be obtained from the +'~ +' -ti ~ ~'~"~ n,,. ~'°~~~°'"* n^t °~*"'~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 ~" ~' r'°"°'"^"'°"` n°"^''"'°"'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 regazding the hearing process or serious code violations, you can call the City at (619) 585-5722. Park Owner/Manager Date 22-107 i-i4Y-i 7_i~n__1~TMTiAT f'7 TA~7TT ATTVIi D~~ii iN ~D~TA~C PQ iN TV/~Pr CQ l1'C TLTL' AAA iTAA DL`DnrtTC7C RIC m ~~ orcn ~ ~uxrxxo~va >G 1 iDl1N !`'L? A N/''P !1C lllx/NZ'DCTIiD TL V(1Ti Tl(1 T (lT TATIT 4/~TT(lhi T(1 DRlll iL7CT A IITr ADTA f("_ T~V TIIB Ar((1 L1 TT CLS(lA 4C' 33 x [ E Z x<G 3 [ G 11. CT[ v I p I6Q0 G v . ~ ....u... ~... v .~ .. .. , . u .. a v • ...... v r . u L`TiT DT'\/TL`FFI ('(1T AA ATCCi(1Txi Fl ]TTLTTT~ i iiiD TV n A VC Tiiio iNcDcz iCv~ CTl AT T oL rm. z x v, ox ATiT(IAdATT('AT T V T]L'CC/"T1FIR iiDlllci TIICG O ASP (FT' V/lT 1TJ A fllT]TT L'LI(1TAC Aj.~n x ~ vx vxc . vvcc>•=.xlc zPrc~-c CI 7R 1R('T T(l TIIL' Az(1TT(''IA7 (. DC(~T ifD CT Af A~TC !'(IhJTA Tl~d Cfl TLf T.'DT'ITI vvva>/ ~ ozxdx x~c xo cox xz xxx GIB xxx~,x¢'xxx ~iY T .J 1 !-''t.; ,. AA ;,,:.., ,I (',..lo ..,, ...,-„ ,,., t;N,,.J t., the C.I1 ,..,; ., . ,-:..hr .. .•a' til, "~ c>~ C 22-108 .. Tl. ~ .. o.,r .. ,:.l ~..t i..,,ll,,.. {~'~k25--~' I..,~ .,,,t .. .,i ~f o.J tL, ~, I .......:.. .. .. ,~. C 22-109 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 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, n,..,,..,..,:~. n.. _i,,..w.,,.~ Attn: a°~~ ~'•,•• ""°°°T°•Mobilehomes 276 Fourth Avenue, Chula Vista CA 91910] -~-~ , 22-110 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 [Section 1104(a)] B. Power sources and plumbing adequately [Sections 1170, 1182, and 1280] C. No illegal discharge of liquid or solid wastes location facing the interior roadway. supplied, supported, and protected. (CVMC 19.66.150) THE FOLOWING 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 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 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, 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 Califomia Electrical Code (CEC). [Section 1134(a) and 1384] 22-111 accordance with the relocation provisions contained herein, no later than one year from the date of lease cancellation or eviction from the mobilehome or trailer pazk. (Ord. 2790, 1999; Ord. 2368 § 2, 1990; Ord. 2299 § 1, 1989). 9.40.040 Severability. If anv provision of this chanter or the application of anv such provision to anv person or circumstance shall be held invalid the remainder of this chapter to the extent if can be ig ven effect or the application of those provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and to this end the provisions of this chapter are severable. SECTION IL• 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 Gary Halbert, P.E. AICP Assistant City Manager/ Director of Development Services Approved as to form by Glen Googins City Attorney 22-112 Ty Compton 1339 Preston Place Chula Vista, CA 91911 July 10, 2011 Mayor Cheryl Cox Chula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 RE: Rent Control in Mobile Home Parks Dear Mayor Cox and City Council: ~l-~~ ~-~~ ~ ~s It seems apparent that Mobile Home Parks are one of Chula Vistas answer to low cost housing. In spite of this fact the City of Chula Vista has yet to give the Park Owners any type of help or recognition such as low cost loans, tax breaks or zoning land for the development of new mobile home parks. More Mobile Home Park's would mean more competition which would affect the rent and amenities offered by each park. No other business is held to restraints as the Mobile Home Parks. All this seems rather one sided, especially for something that provides a much needed service. We continue to hear about the "needs of seniors and retired citizen's of this City"; they have received the cash benefits of rent control for almost 30 years, with no end in sight! No other group receives this type of benefit, especially as it is currently provided by private business owners. Why the discrimination? Why is it permissible to interfere with free enterprise and the right to operate a business with the profit to be determined by a Commission? Chula Vista needs to recognize that it is time for this one sided, archaic system to come to an end. Sincerely, ~~-~~-~ Ty Compton Item #22 -CVMC 9.50 07/12/2011 ~` '- .~ifi'i?L'~t?~J1'J'lL'1'lf ~G'y"Z~ZG'~'S ... , ~~i.lat~e;r_~ ;~ ..,. ,~, ~ti .,,... ;:~: Mobilehome Community... ,~; ~ ;~ Amet~dments to CVMC 9.4D ~ ~ 50 July 12, 2011 1 ctiii-~i~~~:~ ~' ~~F ~L'~1!?J'~illf'JZr .. .at` i c.3 w' ~,.... Agenda ' Mobilehome Communit Overview • - San Diego Region y `{: `~'~_ - Chula Vista' ... ,' - CVMC 9.50, Space Rent Review Amendments • Clarifying Questions -CVMC 9.50 • CVMC 9.40, Housing Assistance • Clarifying Questions -CVMC 9.40 2 1 Item #22 - CVMC 9.50 . ~ . „~ ;' Er ~~ ~ ~ z ~; I?e~t,~`J L~?ZF"~2 Rent Review in San Die o Re ion & 9 9 a ~ Resale Values z -~~~'r~ w .T~c~v~l~~~nenr Se~-vrc~s ~` _ `~ ~~ ~ I~e~~~t~lrent • ... San Diego Rent Control .. ~. .. 100% of CPI up ChulaYsta 1982 $0 to3%, 75% Yes 31 Unknown $413-$700 Ordviance over 3% Oceanside n ~ 75%ofCPI Currently 18 86% $164-$564 Ord ance 49% /St°h San Marcos 1994 $0 None Yes 18 64% $327-$780 Ordinance 1994 70% ofCPI up Santee Ordinance $~ to 3 % , 40 % Yes 12 51 % $550 - $800 1998 100% / 0 % over 3 Referendum Escondido n 0 None No 24 47 % $350 - $L60 Refere dum 100 /0 // 0 % 07/12/2011 2 Item #22 - CVMC 9.50 .,~'~' ~' _~ ~~,. rt +~ i ~~r=; :.~ ~~, ,3N F ~ {ti iiy h~~ttt 1 ~=!lt, ~' .: I~~r;Plr~~~~2P~t .~'e~~ices e~, . South Bay Space Ren#s Chula Vista vs. Comparable South Bay Parks 800 ..~ 700 : , "'.~ $7~~ }t, 600 ~- $634 °~,; 500 -~' ~~ -- 400 ~` ~ Chula . `~ayi', ~ ~ '~ ~ Usta s -_ ~ 300 j' ~ ~ ~tt~ 200 - ~: ~ ~~~=~ _. i 100 ~` ~ ~ .: I°.,=(~'' ~....._ 0 ''"' ..,_._. ............... y. . 2010 San. Diego County Mobilehome fair Market Space Rent in 2010 = $73S _ ~ .~ u . r^ ' L~ ~ :~. ...~a. ... San Diega Resale. Values. Average Cost per Square Foot EI Cajon ,~`".~'^"'"",..,,m,~„~'n'~^~.'.,~~.~~ t f ' alt ~~~.y:F ~~l~Cr'St}~q~i~ti. jIA'Si}I~I~ItA[~!':~Tfn!~f'itlw~slt~RiR ,' r tai E } 4~ San Diego ~ ,: i.... ~. ... Escondido Santee 3i Oceanside ~ y Chula Usta 41: 0 10 20 30 40 50 6 Source. Frufia;June 2. 2011 $~~ 'fig,' Chula 60~ Vista ' a~, :~ i , ~_ ,` i fit. Family Parks 07/12/2011 3 Item #22 -CVMC 9.50 ;... r .Deg ~elo~~~~~~t Sez~ices ,- L „~;~ t ~~:~~~ ~ r~~>~ ~' _ . ~ ~ ~;~: ~~ :~ ............. .. CVMC 9.50.078 Right to Mediate Mobilehome Resale Price • Added in 1993 • Mobilehome owner shall not command a higher ''- ~~ resale price due to regulated rent • Purpose of mediation - Parties agree to a price which reflects the value if rents were not regulated ~,~ ~~~ ;,,:~ '~' ~ ~~'~1c7r~111P12t > :~ .. ~. ,_ Rent Review in Chula Vista 8 ~ 07/12/2011 4 Item #22 - CVMC 9.50 i...tE 1\iSl,_. ~'r.. r~~, c t' s. a _L.~~~~l~~i t~it~~~~~ ": ..: 3.f. ~ .F. , ndi' a• -~ t ~' e f ~.t ".-i i ! ~~ i3Gl~~nm:<r_,~ . Intent: -Provide administrative vehicle to allow parties to ~.~ .~u; resolve differences through :negotiation & mediation ~a;~ ~~~~3r;:~,;:_; Process: ~' ._.~; -Parks authorized to create commissions, consisting of both parties - If 50% of affected spaces petitioned increase over CPl - Charige'of ownership not specified - .Appeal to mediation, cost shared equa!!y by parties • Important facts:: - CPI Residential Rent Component = 9.8% s x f ~ ~, ,~ ~ ~ ~~~.~ .{!ii i ~[ 's3 k.~~,.i ~1..... x_i' ,. ~~evelc~~~ne~~-~Se~wic~es ~. °' ,~~~ _:~" fn ~t'~l~l'~I fZa°3'l t ~' ~~:~ _ ~. w ,.......... _......,. _..._...... Consumer Price Index -All Items & Ordinance Amendments f n 07/12/2011 5 3 r ,t~ 1,t ~` (( i ~ ~ ~ ~~~ ~~\~ C ~, , ~ ~ ~ . ~ ~, ' .. C ~~ -s >T ~ ~~ ~ : ~ , ,, O ~ 5-, ~- ~ n~ cD ~..,, O c ~_ ~ ~c~ ~. O ~ ~• _ ~ N ~/ 1982 ~ ~ 1982 1AA3 ':~" 198: ' ~rF 196 ~ s ~ ` ~ 1984 ~~~~; 19;~5 w - 1985 198E ' • ~ 1986 1987 ~ 1987 1988 1986 1989 1989 1990 1990 1901 1991 1992 1992 1993 ," ~~~ 1993 ~: 1994 ' 1994 , 1995 _ " .a 1995 . ` 1996 1996 1997 .. 1997 19a8 ~'~ ' 1998 ~ ~ 1999 e 1999 ~ooo 2aaa ~„ zc;o1 zoal , 2ooz 2002 ~r;o3 znoa zao~ 2004 2005 ~ 2005 ; ~ 2008 _ 2006 ?007 2007 , 2008 2008 X009 2009 , 10 2010 CD N N n n Cfl O 0 v N N O Item #22 - CVMC 9.50 „~.~~~ ,, ~ r l ~f ~,e vi~3.~ $~ 3]j j .1 Mobilehome Park S ,,1, , ~ ~,. ~ ~.tN t~. aces p ~" Parks = 31 "' ` ' Total spaces= 3,572 Trailer Villa 118 rn~naerotaMOndeLodge .. Ito Terry's Mobile Park ,....... ~ .._.,...._ _.~ 196 Sharon s Mobilehome P k Rose Arbor Mobdehome P k - -- ~ .729 Rancho Bonita ~ ~.~~ BO Palms Mobile Estates :..,,. .. .. .. , ~ ....i 217 Palace Garden Mobilehome Park ~__ ..~....__',_.._,_,_... _.., ..,,,,LL_~,._.; g^ L Otay Lakes Lodge _.. l ~.,, .... MouMainV M bl L dg , Mohawk Trailer Park I Lynwood South Mobdehome P k I .... .. ...3 i 20 Hac'entla Moble Est t s _ . , ~, Granatla Mobile Est t '. 199 Georgians Mobilehome Park ~ a1 Fogerty Broa Tra ler Park ., .' S6 Flamingo TrailerP k ~, v,y 61 Flve 8 Ten Mobile Ranch ,...• 101 Farm House Trader Park ._ EI Miratlor Troller Court Don Luis Estates _ ... ~ 12g Continental Country CI b k, ~ , ~ d ii Chula Vista Mobilehome P k .,-.,,, ~ J 166 Caravan Trailer P k Cabrillo Mobile Lodge iii.. _ 25 Broadway Trailer Park -_ BrentwooaPark ~, __ . _.__..._____.~ . __......: 260 Bison Mobilehome Park I.. `.... . Baysitle Trailer Park i eayscene Monilehome Park ._.... .... ... .~.....,: 126 13 0 100 200 300 ' .,°tt~/'` K' t ~G i/G f ~~~/kL I{.~ ~~i I VH~~~GJ ~Ht ~'~'1i4?~~, . ~ i .~ e . ~~ b '~..-~. Aging Mobilehome Stock. Based on County Assessor Data (2,711 units) 2000+ 307 units 1990-1999 ° ° 11 Duo 109 units ~~ ~t ;~ 4D~D I ......_ F'r~-198~t 1980-1989 2,163 units 132 uni#s BDD~o 5% i, is 14 07/12/2011 7 Item #22 - CVMC 9.50 ~~`';~- ~ DC'1-~'l4~1~I`L~'1Zt SSL'~"7lZGC'S ... .~ :, '1. ..,~. S1 City Investment in Maintenance CHIP Funds Expended for Mobilehomes ;eoo.ooo.oo Ssoo,ooo.oo Saoo,ooo.oo $300,000.00 $200,000.00 ., e. •:}: $100,000.00 ~ ° "` €~ : ~' „. ~ }~ c E.{~. 50.00 _,. 7573]985 153~199G 1991-1995 1996'Z000 20B 1-~U05 2~iC~5-ZG1o Total funds over $2M f Over $1 M since 2000 ,s ~, ~`~"~ ~ev~l~~~n~~~t .Se~~vzces ~" ~~~_.~~ ~ ~ De~~t1 r1~L~nt " C?lUL~YiS;=~ ~ . 1vk~ ~ lift.. z .c. .._.._. _ ..... .... .... ........ ~ Current Assessed Value Average Based on Year Built .. $~oo.ooo $sao~ ~ r ~~ ~ ..:; aa..sz :d' ~ .dir r ~ s~.Q~ 0D M N tin. . . . $~.~~ cn ~ N V3 ~ ~ . e 520.000 ~ at ~ ~~ O ~ ~ ~ t~0 O O~ OY Of 61 Cy ~ ~ r O O ~ ~ r N p m ~ Q3 C7~ N YEAR BUILT 16 Source. County ,Assessor, based on NADA or Stake Board pf Equalizakron 07/12/2011 Item #22 -CVMC 9.50 ,~-~ ~ ~,;,. ~,. ~} T ~ ~ L-!C.~t:1iF'L-I3~'71B C ~12~ .~G~~"ZIZC~G'S ~ __ CtixJL~ltiS1, ] ~ -.L .f f~'~1~~',r~`~~'~G~.: ~ ~. -~ ~ ~ ,. ~ ,, History of Rent Review Cases : ~ Since 1999 : • Existing Resident - 6 cases All - triggered by new park ownership and/or k " ' ^ ~~~~ increased investment or ex nses i~ 4F E "' ' °~ `~"~ . -Fair Return Analysis -one case • Change of Ownership - 10 cases affecting 13 residents..(<1% of population) ,, ~~ ~~ Yom, fii~:` } F t~.: .. ... .. .k ~...... ~: l~~z~~~c~~~re~a.t Se~vc~es ~~, ,, s ~~. ~ _ ~ D~~c~l~/-~~z~jzt ~ z'La1 ' 3 2i:t ~. ~:..e City Staff Cost. CVMC 9.50 & Mobilehome Related Activities $1ao.ooo -i $120,0©0 $700,000 ~ ~ o e. 7 hi :-~ ~ M N ~ N $40,000 ~ v~. w ~ ° " ~*' ~ is n ~ m ~ ~~ ~~ w ~' ~ 'F ~ FA ~ ~ +h r~ F $0 ~ ~`' ~ v~ m r- m rn o N c~ v u~ m ~ ao rn o rn rn rn rn rn rn rn o 0 0 0 o a o 0 0 0 rn rn rn rn rn rn rn o 0 0 0 0 0 0 0 0 0 0 0 ~ ~"' ~ "' ~ ~ ~ N N N N N N N N N N N N i oral for 19 years = $1,595,831 rwerage per year = $ 83,991 "Does not lnclu~a ati htraahon er~nsas or ou`°iJe aiperf f9p~ ~s 07/12/2011 9 Item #22 - CVMC 9.50 ~. .r nt <~ ~'.~.~ ~. r_ .~ _ ~.._._..._... ~ ._ ~,,.,.. ,: ~ ~i ~~ CVM Mobilehome Space Rent Review PROPOSED AMENDMENTS ~.,„.. 7u1y 12, 2011 1~ „~,~tr,, LJE~l~'~13,~1?2~'~2Lf JE'p"?JZLE'S ... w; .~ ~:.~,. ~. Administrative Amendments 20 07/12/2011 10 Item #22 - CVMC 9.50 x: ~ . ~_ CVMC 9.50 Administrative Amendments . ~~:~.i~ • Community Development Department to City '_~~'' 9.50.064 Owner Meetings and Possible .. ~. Voluntary Negotiations/Appendix 1 - "Voluntary Meeting" #o "Informal Meeting" • 9.50.075 Fixing of Space Rent in Excess of the Permissive Renf Increase - Date set by MHRRC only if owner was non-responsive 21 ~~ ? rr.. L~c~v~~lo~~~e~~~- ~Se~~vzc~s - ~, ~, 7-°~ ~.<.. ~.3 ~ .. ~€ ~ ''~ ~~'~ Change of Ownership Amendments 43. ~.i.~:3' 22 07/12/2011 11 Item #22 -CVMC 9.50 ~-~ rn r~ ~ ~ >~ ~ ~ ~~ 1~~~~~~t~ae~zt CVMC 9.50.077 Change of Mobilehome Ownership ~a f ,__, , E~ • Change of mobilehome ownership = sale of a coach/trailer _,.: F `' ~ • Reasons for update ~.. . - MHRRC referral 1/20/11 - Ordinance language vs. Commission practice - intent: • Allow market to drive resale space rent • Protect incumbent residents • Streamline administration °~ir'- • ~ `"' ~~11t'~t~~3~?2£~72~` .~C',f"11Z{'L'S .>~ tfLT. ::.s... ~4 07/12/2011 12 Change of Ownership Range of Options Item #22 - CVMC 9.50 ~, ~~z.jelr~~~2e~2t 'er~vc°es s ~t .z, ~t5~., ~;~ ~~w _ .~ _, k, Staff Recommendation 9.50.077 Change of Qwnership r` ~-. =tip }fir ~~3~ • Temporary Decontrol (no right to petition on sale) -Streamlines adrriinistration ~E .,. _ ,f„ ,~; -Allows market to drive space rent upon sale u ..,,,, ,{, ;' -Preserves rent review for new resident '~. ,,r I~~'?»IC?~T12~'~Z~ ~'~'~"~1CE'S 't t ~:I .[ W .~ °;.~ Administrative Fee Amendments 26 07/12/2011 13 Item #22 - CVMC 9.50 ~~ ~~°_ ~~ t~(~(~i(sl~ = -~t;~~ ......._. ... .._..._._..._ Establish Administrative Fee Need for Permanent Fund r ' __ Create permanent funding source - Preserve rent review for existing residents ~~ Ability to hire experts `- ~.~. - MAI Appraisers /Fair Return Analysis i ~~~ ~~~, o~._ ~ a, ;~ ` ~. .*~~~~s ~ _ ~~~ 28 .t.~~1~~lc~~me~~~ S~~~urc~s `~ ~ ~~ ~_ ~ ~e~rZY't9n~'1'Lt Housing Authority Projected Funding Availability $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 ($50,000) 07/12/2011 14 Item #22 -CVMC 9.50 ~~:.. . 91a h. ~?.. Fee... Collection ~:~. How will it be Assessed? Annual Council Resolution Residents under CVMC 9.50 `',~ ~,~tir,,,~~" ~F ~~E:: ~., -Begin July ~, 2012 , ~.~.. _. }., ~ sz~ • Fee and logistics to be approved later ~~~ . ::~ ~ ,. :~.~ ~4 is ~ "~';.. tx a ~ ~a~,~., ;"~ ~~'~I~'~i'1311~'Yt~" .w- ..._..._ ......_._ ................. Estimated Fee Costs to Administer'Staff Recommendation ~~~ ~ v~~ aNt ~sE-~p~_. Ffl l'1 i.». Average Admin.:. + Mandatory Tracking + Collection Per Household Monthly Cost $4.00 - $5.00 30 07/12/2011 15 Item #22 -CVMC 9.50 .~~',, e:~ ~ .~e~elo~~~e~~ S'~~~vic'es ~~ r . .~. ~~: ~~_ ~ ~ ~ ~; .~~~r~f tr~2e~Zt C,tI.,EAti1S1A `- -.. t~_'1._. _......_ _, .,..... ......_._...... Public Outreach = ~ Mobilehome Rent Review Commission i ~~~~ '{ '~ •~ ril 14 & May 31 -A p • Public Information Meetings (1 Bilingual) ~~°~- ~~ June 28 t x ,mot.>:.~.~«~. ~~ MobNelwrne Ordinance Infomwtion %~g „~. GiamewtC~!> _ • Notification ~ ~ •-~~-- ,, r_~.._,v.....,..._..~_ Q~9m.a_. o~~.~~ ,F ~w./W/WSaornoMrobirl~fAh eX/WaxsOV fo~rdMrtro ~~M~ `~'~'!~~ ~ :i~E'~1C'LL1~f~2C'~?Lf ~L'?"111L~~'S rMMir;. ..,~... -. rrr.~ ~:rµ:~ ~ ~ . . CVMC 9.50 Range of Opinions Change of Ownership ------- -..i. ~~~,..~ E_. i - • • 3w ~~ Administrative Fee ~. ~~ u 07/12/2011 16 Item #22 -CVMC 9.50 ,~ a ~~~ .r tir`..,ti~~r~, ` " ft~r'~'i'f712~11,t Staff Recommendation { • Council adopt the Amendments to CVMC 9.50 to: - Update various administrative items -Add Section 9.50.300 -Administrative Fee iE i', -Amend Section 9.50.077 -Vacancies and Rents Upon Change of Ownership 33 07/12/2011 17 Item #23 -CVMC 9.40 { -~ .~~~~i°ln~~~e~t ,5e~~~ces ~.. ~ ~b,,i :~ CVMC 9.4a Mobilehome Housing Assistance ~..~::,~ Proposed Amendments _, ~~iy iz, zoii 3a ~~~~~ '~1 ~ ttt`,t,,.;~;.1 ~,. 1~eu~l.~~~~e~~t~ .~'~a~vtc•~s ~. a.'~.. c.:7 ::. ,~' a ~ ....:...... .... .. _.__........_ CVMC 9.40 Mobilehome Park Closure Ordinance 2a~~ Supplements MOBItECd'tAW EN ,.,,,~~;;~, State Law R~,51D ~~--~ ~~~~ o ~ - "Reasonable" FF PLATIVNAl 4FNICLL PAA% a~~~~.«<ti~ ~~[[-~~~ I ` ~ ;HULA V IJIA Relocation ~.vnirm. U.,~1Ww „~a.u~~,~,a~~, ~,~,, ~TIM~'~ ,... Virtually unchanged since 1982 adoption ~ -Amendments in 1989 & 1990 to clarify that trailers were included 35 07/12/2011 1 Item #23 -CVMC 9.40 *~`'- ~er.~ela~r~~e~~t- Se~ic~es History of Park Closures • AI'S Trailer Haven (104 spaces in April 1987 -February 1989) • Relocation - Required to pay 75 % /paid actual ' Value ~.~. ' ~~, - Required to pay insurance replacement ('blue book") value /most a~ ~ » ~`` uninsurable & negotiated purchase price with third party • Twin Palms (51 spaces in October 1989 -April 1993) • Relocation - Most relocated • Value - Privately negotiated purchase price with new owner • Jade Bay • Insurance replacement value • Approved by bankruptcy court 36 7r~ ,,~trrf-- a.~L'?1~'~a~'3?ZL'~Zt ~~G'~"~1ZL•G'S _~ ~_ ]r.li f YI`l1 .CVMC 9.40 -Closure Ordinance Reasons for Amendments • Mobilehome Overlay Zone _.}: -.. .. _.~ - identified need to update to today's market ~,. .. Mobile Home Ovehay District • Clarity for all parties .~ .~,- ~ ~r..~ _ _ . .. ~,~ -~ j ~y - ~. A ~~ 4'S .L t~'t .~ ~/~.1 4 1 t _ ~ ~ ~, ?~ ~ ~ D r-- ~ r, i =°. ___ A i..___ ~ __ 37 ~ --.. '._ -' 07/12/2011 2 Item #23 -CVMC 9.40 -_ '~~'~` ~ ~ .~..~ca'2>i~'~t7~2'J"~~Z~'?`l~ .~L'/-3"Z~ZCL'S Public Ou#reach Efforts Efforts to Update CVMC 9.40 ~ a ~- , .. .6 __ __ -, K,~_ . ~ ..~ 2007 ~.~ a 3i - 3 rounds of meetings over 6 months ' -Stakeholders: owners/residents/developers - MHRRC/HAC/PC • 2010 - Stakeholder Group of park owners and residents (7 each) - Impasse on topics to discuss - Council discussion regarding link to rent review ss N+4'`~~"-- ~.... E'Z>L'ZrC~~IY}2~1~,~" ,J~'~"7lZL'E'S ~. ,. 39 07/12/2011 3 Item #23 - CVMC 9.40 ,~ ~~. ~~ ~e~elor~2c~~t,~'ezrvic~s (~7ry,+y~}ggy~ x , ~'~~-~ ~ r ~ LGlJ 4t~~ LfILC IBG Current Ordinance Notification . Not currently addressed ~~ h, Need defined process for all parties .. ~~ ~`~ _~~--~ -Residents moving out long before closure ~, • Park maintenance - - ~ ~ - Rent base '~~~~~ ` -Ability to find adequate housing ~ ;' r ~, ~ ~ ~ .'~'~/r, ~ .,~E'Zr~'I.~~I~??E'~2l' SC'~"?11CL'S ~ ; { ; iCsf 5, sISTA ,.. ~; -- BE : i s w . : ., c.~..- ~ Proposed Amendment Notification • Default to State Civil Code 798.56 - Minimum of one (1) year "Intent to Close" x ~' ~`' -Minimum of six (6) months "Termination of Tenancy" from approval of Relocation Impact Report (RIR) - Shall not be required to vacate less than thirty-five (35) days from payment of relocation benefits 41 07/12/2011 4 Item #23 - CVMC 9.40 '~,~ ;'%° ~~e'~'C'~t1~~I~d~l1 t ~~~'1"Z1ZC'S xuw~e$kt ~ t ~; { 7 . E / e €St~ m u~. ;ar ~ ~ ;;r3~~~Gi~k3t: ~~~~ ..: Tenant Relocation Amendments 42 ~. r ~ , ~~~r~~•tta2e~t rit.' .,i;~;, ~ ~ ~ -. Current Ordinance Tenant Relocation ~ ~ . =t~ "{~ ~a~ ..~. ~A ~~ ` Resident rents both space and coach ,.. ~ a K~ C.~, ,. ~: r..° ~= ' , • Not currently addressed ~ ~ ,~= #r ~~ _ ,.~~ f J r ,~. .,...a..~. , .~..... ~~g1 i x}731, ,~.:.. ~ " ::i~~', ~ E. ~ ~~ ~ 07/12/2011 5 Item #23 - CVMC 9.40 .mot"r I~~~el~~~~~e~t S'~y~vzc~es ~~~ Proposed Amendment Tenant Relocation ~:~,: • Services of housing relocation expert -Referrals for housing alternatives & programs ` ~' _.~ ~~a'~ ~// - ~ //li \ ~ ~l "..` i, ._ ,~~ 44 ,~att~ ~ .L~ev~lo~~e~2t .Se~~vees ~, .. :ur .. ... ..................~.................. ..,.~ ~ f; Relocation Amendments 45 07/12/2011 6 Item #23 - CVMC 9.40 ~~ "r ~)c'tIL'~tJ~7'iE?2~~21' ~L'3"1JZG~'S ~...~ Current Ordinance ~~.. CoachlTrailer Relocation .._.~:' • Assistance only for low- and moderate-income i,ri,~' 75% of relocation costs, up to $3,000 ~~ : ~ . • Maximum distance of one hundred (100) miles '~:., ;~ 4fi t,zr; Proposed Amendment ,~_,~;~~_ Resident Owner Relocation Benefits THE LESSER OF: -Actual costs of physically moving • Coach ~, -Moveable permitted improvements `' Maximum distance of 100 miles ~:'~: OR Trailers, R.V.'s & Motorhomes - $ 2,000 - Lump Sum payment: No moving permit required Single Wide- $ 5,000 10', 12', 14' & 16' wide Double Wide- $11,000 20', 24', 26', 28' wide Triple Wide - $a~5,000 More than a double wide joined together 07/12/2011 7 Item #23 - CVMC 9.40 D~~relo~~l~~nt ,~ef~lzc~~. . Y F j"'~ Proposed Amendment Additional Resident Owner Relocation Benefits R.. ~x Extremely-, very low- and low- income also receive: _~~ z: ~~~ Lump Sum Space Rent Subsidy = 12 x Average monthly space rent for current unit type in SD County - CV monthly maximum affordable rent (for income category) as E: ~~ ~:_' r t~: Y:.r .... ..... ..::......... ......._. Value Amendments 49 07/12/2011 Item #23 - CVMC 9.40 3 L~~~~IC1`?'~7j1c>zt r..,~,~,-~~~ ~,°~ ~ ~~~ ~ ,. .... _...... _. Current Ordinance CoachlTrailer Value ` i;,~ ~;n ~in,i,., ~~~~ ` ~~`~~ Assistance only for low- and moderate-income t~, _~: ''~ Based on "standard insurance replacement criteria" ..'~ .. 50 51 07/12/2011 9 Item #23 - CVMC 9.40 ```t{' - ~ ~~Z'G'1t7~)112~~Zt ~SYL'~"UZG,~S CtiL.6,~ tiC~h~ ~ :.~.~ ,ice _. ~.ar. _ - - - Appraisal ~„~ ®_ ~_ ,~ _ ,~~ ~ ~~, "Blue Sky" Value ~a~~ s~cr~€~H Oarpnl0arag®: 27t} S~: ia' S 28.10 =;~ 5.427 Oak tx d?z 1411 S.F. C S 6.40 = S $~ Si~s~ S F_~ S = S Sim: S~f_ ~ S = S s~.~s _a s~.~;s =s ,, .. ~ ~ ~«~, _~ .. -~ : - ~ ~ 112 _. l'~ts~oela9~ee{1~es2~rY.M~04~C.a«iiy-K g =i ~ ._ ~,~4!R ,~,~„~„„ `- . .~E'71E'l~~I~J712~321" ~~~1"tIZC'L'S .r.._ ~ ti .__... Proposed Amendment Mobilehome Value THE GREATER OF: ~_ -Depreciated Replacement Cost including additions for site improvements {independent appraiser) . . .. :mot .... OR -Lump sum payment: .Single Wide- $ 6,500 10', 12', 14' & 16' wide Double Wide- $11,500 20', 24', 26', 28' wide Triple Wide- $15,500 More than a double wide joined together 07/12/2011 10 Item #23 - CVMC 9.40 ~~at . ~3:. -. ,~. ~~~~u:~~-,r~~~z~ ~ t;€>; ~3+~ ~ , .,. e''__' r.. Proposed Amendment ~1~>~ Trailer Value THE GREATER OF: ~,_ °~ - .The Kelley Bluebook/Yellowbool< plus ~~ ~~~ adjustments for permitted site 1 improvements (independent appraiser) OR - Lump sum payment based on the following schedule: Trailers, R.V.'s & Motorhomes - $ 2,500 F4 No moving permit required ,:~5`,fi~!/" ~ L7/~4V L/~l1~f~L ~~4l Ll=GL, ~.. J/ ~;;~ . .{ . , 1 , Proposed Amendment Additional Value Benefits Extremely-, very low- and low- income also receive: ' '' u Lump Sum Rent Subsidy = 12 x Average monthly rent fora 1-bedroom (trailer/singlewide) or 2-bedroom (doublewide/triplewide) apartment in CV - CV monthly maximum affordable rent (for income category) ss 07/12/2011 11 Item #23 -CVMC 9.40 .~~ ~r;j4 ;~,_ :,~.;, _ Z~,a~el~~~~~~~zt 5er~zc~s CVMC 9.40 Range of Opinions Relocation -------~ ~~ • i s - t w xk e Value -------~ - .- - -------~ ~`~~l'- ~ ~ ~~vel~~~ne~~~ .5°~~vc~es N ~ ; D~ r.'t~'1~~2~12t Staff Recommendation • Council adopt the Amendments to CVMC 9.40: - Reflect state law regarding notification - Address tenant benefits I < ~ '~ -~~ . ~,, ...~._ • Council adopt the Resolution: - Updating financial benefits to relocate - Clarifying financial benefits for units that are not able to be relocated s7 07/12/2011 12 y Compton 1339 Preston Place Chula Vista, CA 91911 July 10, 2011 Mayor Cheryl Cox Chula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 RE: Rent Control in Mobile Home Parks Dear Mayor Cox and City Council: It seems apparent that Mobile Home Parks are one of Chula Vistas answer to low cost housing. In spite of this fact the City of Chula Vista has yet to give the Park Owners any type of help or recognition such as low cost loans, tax breaks or zoning land for the development of new mobile home parks. More Mobile Home Park's would mean more competition which would affect the rent and amenities offered by each park. No other business is held to restraints as the Mobile Home Parks. All this seems rather one sided, especially for something that provides a much needed service. We continue to hear about the "needs of seniors and retired citizen's of this City "; they have received the cash benefits of rent control for almost 30 years, with no end in sight! No other group receives this type of benefit, especially as it is currently provided by private business owners. Why the discrimination? Why is it permissible to interfere with free enterprise and the right to operate a business with the profit to be determined by a Commission? Chula Vista needs to recognize that it is time for this one sided, archaic system to come to an end. Sincerely, Ty Compton