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File Number: 19-271 <br />The proposed ordinance provides procedures for appealing the Rent Review Officer’s decision. <br />There will be a 30 day deadline from the date the Rent Review Officer mailed his or her decision. <br />For Mobilehome Owners to appeal a rent increase or pass-through, at least 25% of the affected <br />Mobilehome Owners within the park must sign the appeal application. <br />A Hearing Officer would review and make a decision regarding the appeal. The Hearing Officer <br />will be a licensed attorney and member of the California Bar. The Hearing Officer will be selected <br />through the California Office of Administrative Hearings (OAH), or through the City Manager if the <br />OAH is unable to provide hearing officers. The Hearing Officer must conduct a public hearing <br />where both the park owner and Mobilehome Owners can attend and present their cases. <br />Rights of Prospective Mobilehome Owners <br />The proposed ordinance requires that Mobilehome Park Owners offer to prospective <br />Mobilehome Owners in the City’s Mobilehome Parks the right to receive the benefits of the <br />Ordinance, that they are offered an initial lease agreement of at least 12 months, and that they <br />provide a copy of this Ordinance for the prospective Mobilehome Owner’s information. <br />Annual Registration/Noticing <br />The proposed Ordinance requires that Mobilehome Park Owners register with the City annually. <br />The City will track contact information and the name of the legal entity, if any, that has an <br />ownership interest in the Mobilehome Park. Additionally, the annual registration will require <br />information on the rents as well as any other charges by the Mobilehome Park Owner for a <br />Mobilehome Owner’s occupancy of a Mobilehome Space. In recent years, when Mobilehome <br />Parks have changed ownership, the City has invested significant staff time to address problems <br />and conflicts with these changes in ownership. The Ordinance proposes that the City and all <br />Mobilehome Owners in a Mobilehome Park must be notified of any change in ownership, and that <br />the prospective park owners will be informed of the Ordinance. <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, or <br />unlawfully imposing requirements. <br />Miscellaneous <br />An affected Mobilehome Owner may refuse to pay any illegal rent in excess of the maximum rent <br />increase amount authorized under the proposed Ordinance. Such unpaid rent in excess of the <br />Page 7 City of San Leandro Printed on 5/14/2019