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5 <br /> <br /> <br />Unless specifically defined in this Article or the context specifically requires otherwise, the terms used <br />herein are defined in Article 1, Definitions, of this Chapter. <br /> <br />[4-39-205] Applicability. <br /> <br />This Article shall be applicable to all Mobilehome Spaces within the City of San Leandro except those <br />specifically exempted by this Chapter or state law. <br /> <br />[4-39-207] Exemptions. <br /> <br />A. The following exemptions from local Rent regulations are provided by state law: <br /> <br />1. Spaces that are subject to a lease that exempts that Space from Rent regulation pursuant <br />to the Mobilehome Residency Law.1 <br /> <br />2. New Mobilehome Spaces exempted pursuant to Civil Code section 798.45 of the <br />Mobilehome Residency law.2 <br /> <br />3. Spaces that are not the principal residence of the Mobilehome Owner, and that are <br />exempt pursuant to California Civil Code Section 798.21 of the Mobilehome Residency <br />Law. <br /> <br />B. This Article shall not apply to Mobilehomes or Mobilehome Parks owned or operated by <br />any governmental agency or any rental unit where Rent is subsidized pursuant to a public <br />program that limits the Rent that can be charged for the Mobilehome. <br /> <br />C. This Article shall not apply to Mobilehome Parks with fewer than ten (10) Spaces. <br /> <br />[4-39-210] Base Rent. <br /> <br />A. Base Rent in 2018 for Non-exempt Spaces. Base Rent in 2018 for non-exempt <br />Spaces means the Rent in effect for that Space on July 1, 2018. Except as provided in <br />this Article, a Mobilehome Park Owner shall not demand, accept or retain Rent for a <br />Mobilehome Space exceeding the Base Rent. <br /> <br />1. If a previously rented Mobilehome Space was not rented in the 2018 calendar year, the <br />Park Owner shall not demand, accept, or retain Rent for said Space in an amount <br /> <br />1 Civil Code section 798.17(a)(1) (“Rental agreements satisfying the criteria for exemption under Civil <br />Code Section 798.17(b) shall be exempt from any city ordinance, rule, regulation, or initiative measure that <br />establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement <br />meeting the criteria of subdivision 798.17(b) shall prevail over conflicting provisions of an ordinance, rule, <br />regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the <br />rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not <br />extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate <br />charged for the space under the previous rental agreement shall be the base rent for purposes of applicable <br />provisions of law concerning rent regulation, if any.”) <br />2 Civil Code sections 798.45 and 798.7 (Newly constructed Mobilehome Spaces initially held out for rent <br />after January 1, 1990 “shall be exempt from any city ordinance, rule, regulation, or initiative measure adopted by <br />any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for <br />rent.”) <br />703