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10A Action 2019 0304
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10A Action 2019 0304
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CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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File Number: 19-106 <br />affordable housing resource for San Leandro’s seniors and low-income households <br />(Policy 56.08). <br />2.Mobile Home Rent Stabilization. Consider adopting a mobile home rent <br />stabilization ordinance similar to the agreement currently in effect for Mission Bay <br />(Action 56.08-B) (The agreement would apply more broadly to residents of all <br />mobile home parks in the city and help protect the city’s existing supply of mobile <br />homes.); and <br />WHEREAS, it is often difficult to move mobilehomes from one park to another due to the <br />age and condition of some mobilehomes and the limited availability of vacant spaces in <br />mobilehome parks; and <br />WHEREAS, it is often costly to move a mobilehome and, in many instances, moving a <br />mobilehome requires separation of the mobilehome from its appurtenances, which may create <br />severe damage and depreciation in value to the mobilehome; and <br />WHEREAS, the U.S. District Court of the Central District of California observed that “the <br />park owners are business people who understand that the operation of a mobilehome park <br />involves an economic relationship in which both park owner and the home owner must make a <br />substantial investment. Indeed, they have encouraged the tenants to make the investment and to <br />expect a return on it.” (Adamson Companies v. County of Malibu, 854 F.Supp. 1476, 1489 <br />(1994, U.S.Dist. Ct., Central Dist. California).) <br />NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />SECTION 1.AMENDMENT OF CODE. Title 4 (Public Welfare), Chapter 4-39 of the San <br />Leandro Municipal Code, entitled “Mobilehome Park Rent Stabilization” and consisting of Article <br />1, Definitions, and Article 2, General Provisions is hereby created as provided in Exhibit A, which <br />is incorporated herein and made a part hereof. <br />SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it would <br />have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase <br />hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION 3.EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty <br />(30) days after adoption. The City Clerk is directed to publish the title once and post a complete <br />copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption. <br />Page 2 City of San Leandro Printed on 2/26/2019
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