Appendix 81005. Legality of increases and ministerial Social Security cost of living adjustment increase.

(a)

Unless specifically exempted by this Chapter, on and after September 1, 1982, no increase in space rents for any mobile dwelling unit space located in any mobile home parks or trailer parks or mobile home parks containing mobile dwelling units which allow for condominium ownership shall be effective unless approved as set forth in this Chapter. Additionally, on or after March 7, 1997, no permanent or extended reduction of significant housing services shall be permitted without a corresponding reduction in the amount of space rent.

(b)

A ministerial Social Security cost of living adjustment space rent increase not less than two (2) percent, nor more than eight (8) percent shall be granted if:

(1)

The proposed increase is to become effective no sooner than one (1) year from the date the last increase was approved as required by this Chapter and became effective at the particular park; the applicant cannot include a request on a space which has had an increase since the last application pursuant to the vacancy decontrol provisions of this Chapter.

(2)

The park owner files:

a)

A schedule of existing and proposed rents for each affected space;

b)

Proof that he has provided copies of said schedule to the tenants ninety (90) days prior to the rent increase effective date;

c)

Written notification of their right to file complaints with County staff;

(3)

The park owner shall file the schedule of existing and proposed rents and other documents no less than forty-five (45) days prior to the effective date of increase.

(c)

Special Limitations on Space Rent Increases Upon Sale of Coaches. The Board finds that restrictions on space rent increases at the time of the sale of the coaches are necessary to provide reasonable rent to incoming tenants and also to deter the use of the monopoly power described in Section 81000 (Purpose and Intent) to force the sale of coaches, to either new tenants or to the park owners themselves, at unreasonably low prices, or to force the abandonment of coaches in place. Therefore, the rent for a space occupied by a mobile home dwelling unit which has changed ownership may be increased no more than once every four (4) years no more than fifteen (15) percent of the average of the existing space rent of the affected spaces or seventy-two dollars ($72.00), whichever is less, effective upon the change of ownership subject to the following conditions:

(1)

A mobile home dwelling unit shall be deemed to have changed ownership when an existing tenant transfers all of his or her right, title and interest in it, except that it shall be deemed not to have changed ownership when either (1) an existing tenant acquires a replacement mobile home dwelling unit and locates the replacement on, and continues to occupy, the space on which the replaced unit had been located or (2) when there is a transfer of all right, title and interest in the mobile home dwelling unit by a tenant to any joint tenant or family relative by gift, devise or operation of law.

(2)

Within fifteen (15) days after receiving a written request by certified or registered mail, or personal delivery, the park owner, or his designated agency, shall provide to the tenant requesting it a written commitment stating the exact amount of the space rent to be effective upon the change of ownership of the mobile home dwelling unit in the space occupied by the tenant requesting the written commitment. This written commitment shall be effective for six (6) months from the date it is received by the tenant. The park owner shall post in a prominent place in the park where other notices are customarily posted the name and address of the individual to whom such request for a written commitment is to be directed.

(3)

In setting the rents to be effective upon the change of ownership the park owner shall not discriminate on any basis prohibited by California Civil Code Section 51 et seq. or discriminate on some retaliatory or punitive motive, or on any other basis prohibited by law. A tenant shall have the right to petition the Mobile Home Park Rent Review Board to have a hearing concerning such discrimination. The tenant shall have the initial burden of presenting evidence tending to show the existence of such unlawful discrimination, which the park owner shall have the opportunity to rebut. If the Board finds, based on a preponderance of the evidence, that such illegal discrimination has occurred, the Board shall have the authority to reduce the proposed rent increase by that amount it finds is based on the unlawful discrimination.

(d)

In any application for rent increase under this Chapter, the park owner shall indicate which, if any, of the mobile home spaces are covered by leases or contracts which provide for more than a month-to-month tenancy, together with the expiration date of each such lease or contract. Any rent increase approved under this Chapter shall not be applicable to spaces covered by such leases or contracts; during the terms of such leases or contracts; provided, however, that in acting upon any application for rental increase hereunder, the rents shall be set in accordance with this Chapter for spaces covered by leases or contracts which shall become applicable to such spaces upon the expiration of each such lease or contract.

(e)

A Utility Separation Can be Granted at Any Time During the Year. The park owner shall request the Board in writing to hear the matter and the park owner shall notice the tenants at least ninety (90) days in advance of the utility separation effective date. The utility separation shall not become effective unless approved by the Board. The park owner must provide the most recent utility bill(s) and any other information which will help the Board make an accurate decision on the amount of the space rent reduction.

(f)

(1)

In addition to the usual case of an increase in the dollar amount of space rent, on or after March 7, 1997, a rent increase may occur when significant housing services are permanently reduced or disrupted for an unreasonable length of time without a corresponding reduction in the dollar amount of the space rent. It is the specific intent of this Chapter to prohibit such indirect rent increases.

(2)

A permanent or extended reduction of significant housing services may be found to occur when specifically enumerated significant housing services either have been permanently eliminated or are not provided for an unreasonable length of time considering the nature of the service and the reasons for its disruption.

(3)

If a majority of affected tenants concur in writing that such a significant reduction in services has occurred, and they are unable to satisfactorily resolve the dispute with park management, a representative group of tenants may petition the Ventura County Mobile Home Park Rent Review Board for a finding of the reduction in services. Prior to presenting such a petition, the tenant group must demonstrate that they have attempted in good faith to resolve the dispute through the mediation process, and that the park management has either (1) refused to participate in the mediation process or (2) the attempt to mediate the matter with both parties participating in good faith, was unsuccessful.

No rent increase application shall be processed until the reduction in services dispute is resolved.

(4)

Pursuant to the current Board of Supervisors' adopted Planning Division Fee Schedule and Section 81017 (Penalties), when the Mobile Home Park Rent Review Board, following a Section 81009 public hearing, has determined that the affected tenants' service reduction application/petition is justified and that a significant reduction in services occurred pursuant to Section 81011(c), the subject park owner(s) shall be responsible for all enforcement costs incurred by the County in processing the service reduction application/petition (pursuant to the adopted contract hourly rate), which may include, but are not limited to, inspections, public reports, hearings, staff reports, and communications with the park owner and affected tenants. This is consistent with the Board of Supervisors policy of full cost recovery for all programs and the general legal principle that regulatory fees be reasonably related to the fee payer's burden on the regulatory system, including the recovery of costs associated with enforcement activities.

(5)

Nothing in this Section shall be construed to affect the rights or obligations set forth in California Civil Code Sections 798.84, et. seq.

(g)

Mobile home spaces of coaches owned by the park owner on those spaces that were at any time subject to rent control under the terms of this Chapter, but that thereafter were determined to be exempt from rent control for any period of time because of purchase by the park owner, are thereafter subject to rent control whenever the facts supporting the prior finding of exemption no longer are in effect; and at such time as they re-enter rent control, they re-enter at the same level of rent applicable at the initial point in time when the exemption was determined to be in effect for such spaces plus any and all adjustments to rent that would have applied had these spaces never been entitled to an exemption.

(Ord. No. 4462, 5-6-2014)