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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
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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that a different period is more appropriate, and shall be eliminated after payment is <br />completed at the end of the amortization period. Legal Expenses awarded to <br />Mobilehome Owners shall be made as either a Rent credit or direct payment to the <br />Mobilehome Owners. <br /> <br />3. In determining whether a party has obtained a more favorable award or decision <br />than that proffered in a written settlement offer not accepted by that party, the Rent <br />Review Officer or Hearing Officer shall rely upon and be guided by legal precedent <br />and authorities construing the same term as it is used in California Code of Civil <br />Procedure Section 998. <br /> <br />G. The time limits prescribed in this Section may be extended by the Rent Review Officer or <br />the Hearing Officer, as appropriate, upon a showing of good cause. <br /> <br />[4-39-225] Procedures for Review of Rent. <br /> <br />A. The following matters are subject to review by the Rent Review Officer upon application: <br /> <br />1. Fair Return Rent Increase. <br /> <br />2. Preapproval of a temporary Rent Increase for specified Capital Improvements and <br />Capital Replacements. <br /> <br />3. Rent reduction for Service Reduction. <br /> <br />B. Limit on Frequency of Applications. Only one application pursuant to this Article may be <br />filed for a Mobilehome Park within any 12-month period, except in the event of <br />extraordinary circumstances that could not reasonably have been foreseen at the time the <br />prior application was filed. <br /> <br />C. Filing of Application. <br /> <br />1. Applications for Rent adjustments for fair return Rent Increases, temporary Capital <br />Improvements and Capital Replacements Rent Increases, or Rent reductions for <br />Service Reductions shall be on forms prescribed by the Rent Review Officer. <br /> <br />2. The Rent Review Officer may require an application to contain any information as he or <br />she deems relevant, including, but not limited to: <br /> <br />a. A list of the names and addresses of all Mobilehome Owners subject to the <br />proposed Rent adjustment. <br /> <br />b. A statement of the date the Rent adjustment is proposed to be effective. <br /> <br />c. The Rent for each Space in the park in the Base Year, and the three (3) prior years. <br /> <br />d. An income and expense statement for the Base Year, and the four (4) prior years. <br /> <br />e. Evidence documenting the income and expenses claimed by the Park Owner. <br /> <br />f. All other documentation and opinion testimony upon which the Park Owner is <br />relying upon to justify the Rent Increase, or upon which the Mobilehome Owner is <br />relying upon to justify a Rent reduction. <br />
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