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number of months between the date the Mobilehome Owners notified the Park Owner of the <br />reduction in service and the date the Rent Review Officer, or Hearing Officer on appeal, <br />determined the Rent reduction. Any rebate authorized pursuant to this section may be <br />amortized over a maximum five year period, and bear the Interest Allowance for Amortized <br />Expenses. In the event the Park Owner was not notified of the Service Reduction by the <br />Mobilehome Owners or applicant and the Park Owner did not know nor should have known <br />that the Service Reduction occurred prior to the filing of the application, no rebate shall be <br />awarded. If a preponderance of the evidence proves that the Park Owner knew or should have <br />known of the Service Reduction, a rebate shall be awarded and calculated from the date that <br />the Park Owner knew or should have known of the start of the reduction. <br /> <br />C. No rebate shall be allowed or authorized if a Service Reduction of a recreational facility or <br />service, and resulting Rent decrease, has the prior written approval signed by at least one <br />adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject <br />to this Article. <br /> <br />D. No Service Reduction may include a condition created by the Park management’s failure to <br />maintain the physical improvements in the common facilities in good working order, or <br />condition for which the provisions of Civil Code section 798.84 provides a remedy. <br /> <br />E. No recreational service or facility that has been reduced or eliminated shall be reinstituted at <br />any cost to the Mobilehome Owners without prior written approval signed by at least one <br />adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject to <br />this Article. <br /> <br />F. In the event that a Service Reduction application is filed while a Fair Return <br />Application is pending, the Rent Review Officer, may require consolidation of <br />applications. The Park Owner, or the Affected Mobilehome Owners may request <br />consolidation of the applications. <br /> <br />[4-39-235] Waivers. <br /> <br />A. Any waiver or purported waiver by a Mobilehome Owner of rights granted under this <br />Article shall be void as contrary to public policy. <br /> <br />B. It shall be unlawful for a Park Owner to require or attempt to require as a condition of tenancy <br />in a Mobilehome Park a Mobilehome Owner or a prospective Mobilehome Owner to waive <br />in a lease or rental agreement or in any other agreement the rights granted to a Mobilehome <br />Owner by this Article. <br /> <br />C. It shall be unlawful for a Park Owner to deny or threaten to deny tenancy in a Mobilehome <br />Park to any person on account of such person’s refusal to enter into a lease or rental <br />agreement or any other agreement under which such person would waive the rights granted <br />to a Mobilehome Owner by this Article. <br /> <br />[4-39-237] Rights of Prospective Mobilehome Owners. <br /> <br />A. Prospective Mobilehome Owners shall be offered the option of renting a Space in a manner <br />that will permit the “Mobilehome-to-be” to receive the benefits of the Mobilehome Park Rent <br />Stabilization Program codified herein, which includes, but is not limited to, rental of a <br />Mobilehome Space on a month-to-month basis. A prospective Mobilehome Owner cannot be <br />denied the option of a tenancy of 12 months or less in duration. <br /> <br />B. The Park Owner shall provide each prospective Mobilehome Owner with a copy of this <br />Chapter.