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10A Action 2019 0603
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10A Action 2019 0603
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7/3/2019 3:20:09 PM
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5/29/2019 3:40:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/3/2019
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PERM
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Ord 2019-010 PAD
(Approved)
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\City Clerk\City Council\Ordinances\2019
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6 <br /> <br />exceeding the 90th percentile of all subject Rents in effect at the time the Space is <br />rented. The Park Owner shall provide evidence verifying compliance with the terms of <br />this provision to the Rent Review Officer upon request. <br /> <br />2. If an existing Mobilehome Space is rented for the first time after the 2018 <br />calendar year, the rent charged by the Park Owner in that year shall be the Base <br />Rent for the Space. <br /> <br />B. Base Rent Following Expiration of an Exempt Lease. Base Rent for a Mobilehome Space <br />that becomes subject to this Chapter upon the expiration of an exempt lease shall be the <br />Rent in effect under the exempt lease as of the date of its expiration. Mobilehome Space <br />Rents shall be verified by information required on the annual registration application or any <br />other documentation required by the City. <br /> <br />C. Base Rent Following Termination or Permanent Removal. Under either of the following <br />circumstances listed below, a Park Owner shall be permitted to charge a new Base Rent for <br />the Mobilehome Space not to exceed the 90th percentile of all subject rents in effect at <br />the time the Space is rented: <br /> <br />1. The termination of the tenancy of the Affected Mobilehome Owner in accordance <br />with the Mobilehome Residency Law; or <br /> <br />2. The voluntary permanent removal of a Mobilehome by a Mobilehome Owner. A <br />removal of the Mobilehome from the Space for the purpose of performing <br />rehabilitation or Capital Improvements to the Space or for the purpose of <br />upgrading the Mobilehome shall not constitute a voluntary removal of the <br />Mobilehome. <br /> <br />The Park Owner shall provide evidence verifying compliance with the terms of this <br />provision to the Rent Review Officer upon request. <br /> <br />D. Base Rent Following a Fair Return Application. Base Rent shall be the allowable <br />Rent determined as a result of a Fair Return Application. <br /> <br />[4-39-212] Annual Rent Increases. <br /> <br />A. Annual Rent Increase: <br /> <br />1. Starting in 2019, on or after January 1 of each year, a Mobilehome Park Owner <br />may impose a Rent Increase for a Mobilehome Space that shall be equal to the <br />lesser of CPI or four (4) percent of the Rent charged for the Space in the preceding <br />year, except as permitted by this Article in accordance with a CPI Decrease, an In- <br />place Mobilehome transfer, or extraordinary circumstances. Such Rent Increase <br />may be imposed once in any twelve (12) month period. <br /> <br />2. CPI Decrease: In the event that the CPI decreases, no Rent decrease shall be <br />required pursuant to this Section. <br /> <br />B. Notice of Allowable Annual Rent Increase. <br /> <br />1. Calculation of Annual Increase. The allowable annual Rent Increase shall be equal <br />to the lesser of CPI or four (4) percent annually unless the Rent Review Officer or <br />designee elects to set an alternate cap on the annual increase due to a CPI <br />Decrease or extraordinary circumstances. <br />704
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