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File Number: 19-102 <br />Prohibition of Retaliation <br />The following conduct by a Mobilehome Park Owner will be considered unlawful under the <br />Ordinance: <br />·Eviction of a tenant as retaliation for organizing, petitioning, or exercising rights granted by <br />the Ordinance. <br />·Any retaliatory conduct, including threats to bring an action to recover possession of a <br />mobilehome park space, harassment, unlawful mobilehome park space rent increases, <br />or unlawfully imposing requirements. <br /> <br />Miscellaneous <br />·An affected Mobilehome Owner may refuse to pay any illegal rent in excess of the <br />maximum rent increase amount authorized under the proposed Ordinance. Such unpaid <br />rent in excess of the maximum rent increase permitted will be a defense in any action <br />brought to recover possession of a Mobilehome Space for nonpayment of rent or to collect <br />the illegal rent. <br />·The following rent increases may be implemented anytime during the year: 1) government <br />mandated expense pass-throughs, 2) utility pass-throughs, 3) capital improvement <br />pass-throughs, and 4) in-place transfer rent increases (e.g., eligible change of ownership <br />of the Mobilehome unit, which remains in its space). <br />·All prospective tenants must be offered the option of a tenancy of 12 months or less upon <br />terms consistent with the proposed Ordinance unless the Mobilehome Park Owner and the <br />Mobilehome Owners mutually agree upon their own lease terms. <br />Previous Actions <br />On July 16, 2018, staff provided the City Council general information on the status of City <br />Mobilehome Parks. City Council members requested that staff return to the City Council Rules <br />Committee for further discussion and public input regarding mobilehome park space rent. <br />On January 14, 2019, the City Council held a work session regarding the elements of a proposed <br />Ordinance. <br />Committee Review and Actions <br />·On October 22, 2018, the City Council Rules Committee held a meeting to receive public <br />input regarding 1) mobilehome park space rents. The City Council Rules Committee <br />directed staff bring the matter to a January 2019 City Council Work Session. <br /> <br />Page 7 City of San Leandro Printed on 2/26/2019