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File Number: 19-102 <br />Exemptions <br />The proposed ordinance recognizes that California state law provides for certain exemptions that <br />preempt local law including the following: <br />·Newly constructed Mobilehome Spaces initially held out for rent after January 1, 1990. <br />·A Mobilehome Space upon which there is a Mobilehome that is not the principal or <br />primary residence of the Mobilehome Owner. <br />·Civil Code Section 798.17(b) allows an exemption from any city ordinance that establishes <br />a maximum amount that a landlord may charge a tenant if there is a different rent amount <br />allowed in a signed rental agreement. This is allowed only while the rental agreement is <br />active and has not lapsed. <br />·Mobilehomes or Mobilehome Parks owned or operated by any governmental agency. <br />·Any Mobilehome that is also a rental unit where the rent is subsidized pursuant to a public <br />program that limits the rent that can be charged for the Mobilehome. <br />·Mobilehome Parks with fewer than 10 spaces. <br />Vacancy Decontrol <br />Under the Ordinance, it would be lawful for a Mobilehome Park Owner or operator to charge a <br />new Mobilehome Space rent beyond the space rent thresholds established under the Ordinance <br />pursuant to the following: <br />·Voluntary in place sale or transfer of a Mobilehome which remains in place on the space or <br />pad. <br />·Voluntary removal of a Mobilehome by the Mobilehome Owner who will no longer reside in <br />the park. <br />·Vacancy occurring after the park owner obtains a judgement of unlawful detainer or other <br />legal termination of tenancy. <br />·Abandonment of the Mobilehome. <br />The Ordinance establishes the following circumstances where it would be unlawful for a <br />Mobilehome Park Owner or operator to charge Mobilehome Space rent beyond the space rent <br />thresholds under the Ordinance: <br />·Mobilehome Owner replaces his/her mobilehome unit on the existing space. <br />·Mobilehome owner legally transfers title to existing lawful residents of the Mobilehome, or <br />the Mobilehome Owner legally transfers title to a parent or parents, siblings, children, <br />Page 4 City of San Leandro Printed on 2/26/2019