MOBILE HOME SPACE RENT STABILIZATION for ALAMEDA COUNTY ORDINANCE NO. 90-71 ORDINANCE ADDING CHAPTER 9 TO TITLE II OF THE ALAMEDA COUNTY ORDINANCE CODE RELATING TO MOBILE HOME SPACE RENT STABILIZATION The Board of Supervisors of the County of Alameda, State of California, do ordain as follows: SECTION I: Chapter 9 is added to Title II of the Ordinance Code of the County of Alameda as follows: Section 1.74.0 Findings and Purposes Section 2.74.1 Definitions Section 2.74.2 Maximum Rent Increases Section 2.74.3 Rent Increase in Excess of Increase Allowed Under Section 2-74.2 Section 2.74.5 Powers and Duties of the Board Section 2.74.6 Conduct of Proceedings, Hearings Section 2.74.7 Standards of Review Section 2.14.1 Decisions of the Board Section 2.74.9 Tenant's Right of Refusal Section 2.74.10 Severability Section 1.74.0 Findings and Purposes There is presently within the unincorporated area of Alameda County and the surrounding areas a shortage of space for location of mobilehomes. this has resulted in a low vacancy rate and rents have been and are presently rising rapidly and causing concern among a substantial number of residents. Because of the high cost of moving mobilehomes and the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, including permits, landscaping and site preparation, the lack of alternative homesites for mobilehome owners, and the substantial investment of mobilehome owners in such homes, the Board of Supervisors finds and declares it necessary to protect the owners and occupiers of mobilehomes from unreasonable rent increases, while at the same time recognizing the need of the park owners to receive both a fair return on their property and rental income sufficient to cover increasing costs of repair, maintenance, insurance, employee service and utility government assessments. Section 2.74.1 Definitions. (a) Board. Alameda County Board of Supervisors. (b) Park. A mobilehome park which rents or leases spaces for mobilehome dwelling units in the unincorporated area of Alameda County. (c) Mobilehome Park Owner. The owner, lessor, operator or manager of a mobilehome park. (d) Mobilehome Tenant. Any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a lease or rental arrangement with the owner thereof. (e) Rent. The consideration, including any bonus, benefits or gratuity demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, but exclusive of any amounts paid for utilities, the use of the mobilehome dwelling unit, subletting or security deposit. (f) Capital Improvements. Those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses and which may be amortized over the useful life of the improvements in accordance with the Internal Revenue Code. (g) Housing Services. Services provided by the owner related to the use of occupancy of a mobilehome space, including but not limited to insurance, repairs, replacements, maintenance, painting, lighting, heat, water, refuse removal, laundry facilities, recreation facilities, parking security and employee services. (h) Rehabilitation. that work done by an owner to a mobilehome space, or to the common area of the property containing a mobilehome space, which is performed either to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster to the extent such repair is not reimbursed by insurance proceeds. Section 2.74.2 Maximum Rent Increases. The annual rent payable for use or occupancy of any mobilehome space shall not be increased by more than 5%. This provision shall apply regardless of whether there is a change in the mobilehome tenant occupying the space. Section 2.74.3 Rent Increase in Excess of Increase Allowed Under Section 2-74.2 (a) If dissatisfied with the maximum rent permitted by Section 2-74.2 of this chapter, an owner may request an adjustment in rents according to the provisions of this section. However, no owner of a mobilehome park may request more than one adjustment to rents during the twelve-month period following the first full day the rent increase authorized by Section 2.74.2 is put into effect. (b) An owner may request an adjustment in excess or the rent increase authorized by Section 2-74.2, by conforming to the following procedures: (1) The owner of a mobilehome park seeking an adjustment in rents must submit a petition for rent adjustment to the Board. The petition shall contain relevant and detailed documentation supporting the level of rent increase requested. (2) The petition shall be filed with the Clerk of the Board of Supervisors no later than 60 days before the desired date the requested rent increase is to take effect. (3) The petition shall contain a copy of a certified letter sent to the affected tenants notifying them of the petition and the amount of increase requested. (4) The petition shall contain a statement attesting to the availability of any records required by the Board to complete its review of the request for rent adjustment. Records shall include, but not be limited to, any audits of the mobilehome park's books, financial statements, and records relating to any governmental or utility assessments which have been levied upon the mobilehome park. (5) The petition shall be accompanied with a check or money order in the amount of $300.00 to cover costs incurred by the Board in fulfilling its responsibilities. This fee is nonrefundable. (6) The petition shall be submitted under penalty of perjury. Section 2.74.5 Powers and Duties of the Board The Board shall have the following powers and duties: (a) To receive, investigate, hold hearings on, and pass upon the petitions for rent adjustment. (b) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties. (c) To adopt, promulgate, amend and rescind administrative rules to effectuate the purposes and policies of this chapter. (d)To maintain for five years rent adjustment hearing files and dockets listing the time, date, and place of hearings, the parties involved, the addresses involved, and the final dispositions of the petitions. Section 2.74.6 Conduct of Proceedings, Hearings (a)Within ten days of the filing of a petition for rental adjustment the Board shall set a date for the hearing and shall have notified all affected parties by mail of the date and time of the hearing. (b)The hearing shall be set for a date not less than twenty nor more than thirty days after the date of filing the petition for rent adjustment. (c) No hearing shall be continued to a date later than 45 days from the date of filing the petition for rent adjustment. (d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evident may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. (e) In the event that either the owner or the tenant or both should fail to appear at the hearing, the board may hear and review such evidence as may be presented and make such decisions just as if both parties had been present or continue the hearing or dismiss the petition for rent adjustment. (f) Materials received by the Board in conjunction with a petition for rent adjustment shall be maintained in the County Clerk's office and shall be available for review by the public during normal working hours. Section 2.74.7 Standards of Review In evaluating the rent increase proposed by the mobilehome park owner, the Board shall consider, among other relevant factors, the rent lawfully charged for comparable mobilehome spaces in the unincorporated area of Alameda County, changes in costs to owners attributable to increases or decreases in master land or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessment and fees, incidental services, employee costs, normal repair and maintenance, and other considerations, including, but not limited to, capital improvements, housing services, rehabilitation, net operating income, as well as a fair return on the owner's property. Section 2.14.1 Decisions of the Board (a)The Board shall adopt findings and a decision not later than ten days after the conclusion of its hearing on any petition. All parties shall be sent a copy of the findings and decision. (b)Based on its findings, the Board shall deny the rent adjustment requested in the petition, grant the request, or set the rent adjustment in an amount less than requested. (c)The action of the Board of Supervisors shall be subject to judicial review pursuant to Code of civil Procedure, Section 1094.5. Section 2.74.9 Tenant's Right of Refusal A tenant may refuse to pay any increase in rent which is in violation of this ordinance. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect the rent increase. Section 2.74.10 Severability If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter. SECTION II This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in The Inter-City Express, a newspaper published in the said County of Alameda. Adopted by the Board of Supervisors of the County of Alameda, State of California, on the 25th Day of September, by the following called vote: AYES:SupervisorsCampbell, King, Widener and Chairman Peralta - 4 NOES:SupervisorsNone Excused:SupervisorsSantana - 1 DON PERATA Chairman of the Board of Supervisors County of Alameda, State of California ATTEST: WILLIAM MEHRWEIN, Clerk, of the Board of Supervisors, County of Alameda, State of California By: WILLIAM MEHRWEIN