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HomeMy WebLinkAboutORDINANCES - 10041994 - 94-49 ORDINANCE NO. 94-49 PROVIDING FOR A TEMPORARY STABILIZATION AND CONTROL OF RENTS WITHIN MOBILEHOME PARKS The Board of Supervisors of the County of Contra Costa ordains as follows : SECTION I . FINDINGS AND PURPOSE. A. Since the late 1970 's, with the establishment of the Mobile Home Advisory Committee, the County has worked with owners and residents of mobilehome parks to foster an environment conducive to the resolution of disputes, including disputes as to the rents to be charged for a space within a given park. Those efforts have been largely successful and with regard to rent increases have been principally aimed at allowing a park owner to achieve a just and reasonable return from his ownership interest while ensuring that residents are not subject to exorbitant and/or unconscionable rent increases that could deny them the ability to remain in the parka B. There continues to exist in the unincorporated area of the County a shortage of new spaces and vacant spaces within mobilehome parks and said shortage contributes to a low space vacancy rate within parks in the unincorporated area. C. A substantial number of persons in the unincorporated area of the County who reside in mobilehome parks are persons on fixed incomes, including senior citizens and persons of low income. D. Through the efforts of the County, the Mobile Home Advisory Committee, park owners and residents worked together to develop long-term leases, and many mobilehome owners are parties to long-term leases . E. Recently, however, the Board of Supervisors has received public testimony and written and oral complaints that some parks within the unincorporated area have been and are charging increased rental amounts without service improvements . In some cases, the testimony has been that service levels have actually decreased in the parks charging the high rents . F. Such rental increases, especially when coupled with a lack of service or other justifying factor, create hardships on mobilehome park residents, and may cause the displacement of park residents . Such displacements would be detrimental to the public health, safety and welfare by adversely affecting the lives of a substantial number of unincorporated area residents who reside in . these mobilehomes . G. Efforts by the County and leaders in the mobilehome park industry to obtain voluntary cooperation by landlords to maintain rents at reasonable and affordable levels have been successful in many instances, but the problems detailed in the foregoing paragraphs continue. H. It is necessary and in the public interest to protect mobilehome park residents from unreasonable rental increases, while at the same time recognizing landlords ' need to have rental increases sufficient to cover increased costs of operation and maintenance. I . Therefore, the County is. now studying the feasibility, practicality and desirability of various measures designed to address the problems relative to mobilehome park rents within the unincorporated area. J. Pending the conclusions of such study and the development of a more comprehensive response to the problems involved, the Board finds, for the reasons set forth above, that it is necessary and in the public interest to institute interim mobilehome park rent stabilization and control measures as set forth herein. SECTION II . DEFINITIONS. The following words and phrases shall have the meaning set forth in this section unless the context clearly otherwise requires . A. "Housing' Services" means services connected with the use or occupancy of a rental unit, including, but not limited to, utilities, ( including cable TV, light, heat, water & telephone) , ordinary repairs or replacement, and maintenance, including painting. This term shall also include the provision of laundry facilities and privileges, common recreational facilities, janitorial service, resident manager, refuse removal, furnishings, parking, and any other benefits, privileges, or facilities . B. "Landlord" means and includes an owner, lessor, or sublessor ( including any person, firm, corporation, partnership or other entity) , who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing. C. "Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, or the assignment of a lease for such a unit, including but not limited to any monies demanded or paid for parking, furnishings, housing services of any kind, subletting or security deposits . D. "Rental unit" means all mobilehomes and mobilehome 2 - ORDINANCE NO. 94-49 spaces in the unincorporated area designed for rental use or actually rented at any time on or after September 20, 1994, including mobilehomes and mobilehome parks, together with the land and buildings appurtenant thereto, and all services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof. The term shall not include the following dwelling units. 1 . Spaces or dwelling units in non-profit cooperatives owned and controlled by a majority of the residents. 2 . Spaces or dwelling units which a government unit, agency or authority owns, operates, or controls rent or which are specifically exempted from municipal rent regulation by State or Federal law or administrative regulations . The rental units for which rental assistance is paid pursuant to 24 CFR 882 ( "HUD Section 8 Federal Rent Subsidy Program" ) may be exempted wholly or partially from the terms of this ordinance on an individual basis by resolution of the Board pursuant to a written request from HUD and after notice to the tenant and landlord involved. 3 . Non-profit housing accommodations . These are housing accommodations operated by an organization exempt from federal income taxes under Section 501(c) (3) of the Internal Revenue Code, provided that the gross income derived therefrom does not constitute unrelated business income as defined in Section 512 of the Internal Revenue Code. 4 . Any space or rental unit exempt pursuant to California Civil Code section 798. 17 . F. "Tenant" means and includes a tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of any rental unit. SECTION III . PROHIBITION OF RENTAL INCREASE DURING TERM OF INTERIM ORDINANCE. A. Beginning on the effective date of `this Ordinance and continuing for a period ending 120 days after its effective date, or until such time as the Board of Supervisors adopts an ordinance providing for rent stabilization on a permanent or on- going basis, or until the Board of Supervisors repeals this ordinance, whichever occurs first, the amount of rent for a rental unit, as defined herein, shall not be increased except as provided in Subsection B. 3, below. B. During the period of time established in Subsection A, immediately above, the maximum rent for a rental unit in the unincorporated area shall be the following: - 3 - ORDINANCE NO. 94 -49 1 . For a rental unit which was rented as of, September 20, 1994, and continued to be rented thereafter to one or more of the same persons, the rent shall not exceed that in effect on September 20, 1994 . The level of housing services provided to the rental unit on that date shall not be reduced during the period set forth in Subsection A, above. 2 . For a rental unit which was not rented as of September 20, 1994, but was subsequently rented and continued to be rented to one or more of the same persons, the rent shall not exceed the lessor of (a) the rent the unit was offered for or available for on September 20, 1994; or (b) the rent in effect on September 20, 1994 for a same or similar unit, so long as such unit continues to be rented to one or more of the same persons . The level of housing services provided to the rental unit on the re-rental date shall not be reduced during the period set forth in Subsection A above. 3 . For a rental unit voluntarily vacated on or after September 20, 1994 and prior to the end of the period set forth in Subsection A, above, if the vacancy was voluntary (i .e. , not the result of an eviction, whether for just cause or otherwise) , then the rent may be increased upon the re-rental of the unit. So long as such unit continues to be rented to one or more of the same persons, such rent shall not exceed that in effect on the date the rental is re-rented, nor shall the level of housing services provided on that re-rental date be reduced during the period set forth in Subsection A, above. 4 . For rental units vacated other than voluntarily after September 20, 1994, the rent for such rental unit shall not thereafter exceed the rent in effect immediately prior to such involuntary vacation, unless the unit is subsequently voluntarily vacated. The level of housing services provided prior to such involuntary vacation shall not be reduced during the period set forth in Subsection A, above. SECTION 4 . VIOLATION OF ORDINANCE. It shall be unlawful for any landlord to demand, accept, receive or retain any payment in excess of the maximum lawful rents set forth in this ordinance. Any person violating any of the provisions, or failing to comply with any of the requirements of this ordinance, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment in the county jail for a period of not more than six (6) months, or by both. Each violation of any provisions of this ordinance, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense. SECTION 5 . REFUSAL OF TENANT TO PAY A RENT INCREASE. A tenant - 4 - ORDINANCE NO. 94 -49 may refuse to pay any increase in rent which is in violation of this ordinance and such violation shall be a defense in any suit brought to recover possession of a rental unit or to collect rent. SECTION 6 . RETALIATORY EVICTION. In any action brought to recover possession of a rental unit or to collect rent, the court may consider as grounds for denial any violation of any provision of this ordinance. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this ordinance shall be grounds for denial . SECTION 7 . CIVIL REMEDIES. Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this ordinance, shall be liable (to the extent allowed by law) as hereinafter provided to the tenant from whom such payment is demanded, accepted, received or retained, for reasonable attorney' s fees and costs as determined by the court, plus damages in the amount of Five Hundred Dollars ($500 . 00) or not more than three times the amount by which the payment or payments demanded, accepted, received or retained exceed the lawful amount of rent, whichever is the greater. Enforcement of this section shall be by the involved parties through ordinary legal proceedings . SECTION 8. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. Further, the Board declares that if the urgency nature of this ordinance is invalidated, it intends the ordinance without the urgency provisions to remain valid and effective and that it would have passed the ordinance even without the urgency provisions . Therefore, the Board directs that this ordinance be treated and published, effective and operative, as both an urgency and non-urgency ordinance. SECTION 9 . DECLARATION OF URGENCY. This Ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety, health, and welfare, and shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinances 's adoption are set forth herein n Section I and in this section. The Board of Supervisors finds and determines that said findings, including the findings regarding existing housing supply and hardships to persons of fixed or limited incomes, and the possible displacement of such persons, represent a serious threat to all 5 - ORDINANCE NO. 94 -49 economic segments of the community and especially to senior citizens, persons on fixed incomes, and persons of low income. SECTION X. EFFECTIVE PERIOD, PUBLICATION. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board as provided in Government Code section 25123 . If this ordinance is passed by less than four-fifths vote of the Board, it shall become effective thirty days after passage (on second reading) . This ordinance shall continue in effect for a period ending 120 days after its effective date, or until such time as the Board of Supervisors adopts an ordinance providing for rent stabilization on a permanent or ongoing basis, or until the Board of Supervisors repeals this ordinance, whichever occurs first. Within fifteen days of passage, the Clerk shall publish this ordinance once the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this 'County. PASSED on October 4 , 1994 by the following vote: AYES: Supervisors Bishop, DeSaulnier and Torlakson NOES: Supervisors Smith and Powers ABSTAIN: None ABSENT: None air, Bo r of Su'?ervisors ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County ministrator 0By: O Depu y C erk (Seal) ­LTF 14 .ordmob.994 6 - ORDINANCE NO. 94749 I