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10A Action 2019 0520
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10A Action 2019 0520
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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5/20/2019
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26 <br /> <br />exercising any right granted under this Article; or <br /> <br />2. Evading or circumventing the purposes of this Article. <br /> <br />B. It shall be unlawful for a Park Owner to retaliate against a Mobilehome Owner because of <br />the Mobilehome Owner’s assertion or exercise of rights under this Article in any manner, <br />including but not limited to: <br /> <br />1. Threatening to bring or bringing an action to recover possession of a space. <br /> <br />2. Engaging in any form of harassment that causes the Mobilehome Owner to quit the <br />premises. <br /> <br />3. Decreasing housing services. <br /> <br />4. Unlawfully increasing Rent. <br /> <br />5. Imposing or increasing a security deposit or other charge payable by the <br />Mobilehome Owner. <br /> <br />[4-39-245] Time of Allowed Rent Increase/Adjustment. <br /> <br />A. Once within a twelve (12) month period, the Park Owner may implement a CPI Rent <br />adjustment or a Fair return increase, as authorized in this Article, but not both. <br /> <br />B. A Capital Replacement Cost pass-through authorized by this Article may only be <br />implemented on the effective date of the CPI or Fair return rent adjustment. <br /> <br />C. The following Rent Increases or adjustments, as authorized by this Article, may be <br />implemented at any time during the year: <br /> <br />1. Government mandated expense pass-throughs; <br /> <br />2. Utility pass-throughs; <br /> <br />3. Capital Improvement Cost pass-throughs; <br /> <br />4. In-place transfer Rent Increases. <br /> <br />D. Rent Increases subject to approval by the Rent Review Officer shall be implemented after <br />final determination. <br /> <br />E. Rent reductions for Service Reductions shall be implemented at the time Service Reductions <br />are ordered. <br /> <br />[4-39-247] Refusal of Mobilehome Owner to Pay Illegal Rent. <br /> <br />It shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the <br />amounts authorized by this Article. An Affected Mobilehome Owner may refuse to pay any Rent in <br />excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is in excess of
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