Laserfiche WebLink
7 <br />2.Notice of Annual Increase. If the Rent Review Officer elects to change the amount <br />of the Annual Increase due to a CPI Decrease or extraordinary circumstances, <br />notice shall be: (a) posted by February 15 of each year in City Hall and on the <br />City’s website, (b) mailed and/or emailed by the City to each Park Owner and <br />Affected Mobilehome Owner in each Park, and (c) posted by the Park Owner on a <br />notice board in each Mobilehome Park within three business days after it is <br />received by the Park Owner. <br />C. Compliance with State Law. Rent Increases permitted pursuant to this Section shall not be <br />effective and shall not be demanded, accepted, or retained until the Park Owner has given <br />the notice required by state law. <br />D. Notice: A written notice of the amount and duration of each Rent Increase or new or increased <br />Capital Improvement Cost or Capital Replacement Cost pass-through charge made under the <br />provisions of this Section shall be filed by the Park Owner with the Rent Review Officer or <br />designee, and provided to each Affected Mobilehome Owner, at least ninety (90) days before <br />the Rent Increase goes into effect or as required by the Mobilehome Residency Law. The <br />notice shall identify the Park and shall specify the dollar amount of the increase, the <br />percentage of the increase, the duration of the increase, an itemization of all new or increased <br />pass-throughs and additional Rent charges, the specific Space affected, the date the increase <br />will go into effect, how each increase was calculated, and the date the Rent on each affected <br />Space was last increased. The notice shall also advise each Affected Mobilehome Owner of <br />any right to petition for review of a proposed Rent Increase and that a petition form may be <br />requested from the Rent Review Officer or Designee. <br />[4-39-215] Vacancy Decontrol, Rent Increases and Establishment of New Base Rent. <br />A. A Park Owner shall be permitted to charge a new Space Rent for a Mobilehome Space subject <br />to the terms of this chapter whenever a lawful Space vacancy occurs. The new Space Rent <br />shall become the Base Rent upon which future rent increases pursuant to this chapter will be <br />calculated. For the purposes of this chapter, a lawful Space vacancy is defined as any of the <br />following: <br />1.Voluntary in place transfer, which is a sale, transfer or other conveyance of a <br />mobilehome with the mobilehome remaining on the mobilehome space following <br />the sale, transfer or conveyance. A transfer of title whereby the Mobilehome <br />Owner adds or removes one or more co-owners and continues to reside in the <br />mobilehome as their primary residence shall not constitute an in-place transfer. <br />No increase may be imposed pursuant to this Section when an existing <br />Mobilehome Owner replaces an existing Mobilehome with another Mobilehome, <br />occupying the same Mobilehome Space. No increase may be imposed pursuant to <br />this Section where title to the Mobilehome passes to one or more person(s) who, <br />at the time of the title transfer, (1) was/were also lawful, authorized resident(s) of <br />the mobilehome, or (2) were/are parents, siblings, children, grandchildren, nieces, <br />or nephews of the Mobilehome Owner and the Mobilehome remains in the same <br />Space. A Park Owner may not condition an in-place transfer of a Mobilehome, or <br />condition the assignment of an existing lease to a prospective Mobilehome Owner <br />that is subject to this Ordinance, upon agreement to an increased Rent. <br />2.Voluntary removal of a mobilehome by the mobilehome owner who will no <br />longer be a resident of the Park. Removal of the mobilehome from the Space for <br />the purpose of performing rehabilitation or Capital Improvements to the Space or <br />for the purpose of upgrading the mobilehome with a newer mobilehome shall not <br />705