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10A Action 2019 0603
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10A Action 2019 0603
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Last modified
7/3/2019 3:20:09 PM
Creation date
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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File Number: 19-310 <br />Requires that Mobilehome Park Owners provide written notice of rent increase or capital <br />improvement/replacement pass-through charges to the City’s Rent Review Officer and each <br />affected Mobilehome Owner at least 90 days before the rent increase goes into effect or as <br />required by the MRL. <br />Special Circumstances Households <br />The proposed Ordinance addresses Mobilehome Owners whose incomes and capacity to pay <br />rent are limited based on objective factors. The Ordinance provides protections from capital <br />improvement pass-throughs to “Special Circumstances Households” based on the following <br />objective factors: <br />·One (1) resident that is sixty-two years of age or older; or <br />·One (1) resident qualified as disabled as defined by Title 42, United States Code section <br />423 or handicapped as defined by California Health and Safety Code Section 50072; and <br />·A total household income that is below fifty percent (50%) of the Alameda County area <br />median household income as established annually by the U.S. Department of Housing and <br />Urban Development, or closest equivalent if the HUD income limits no longer exist. <br />Exemptions <br />The proposed ordinance recognizes that California state law provides for certain exemptions that <br />preempt local law including the following: <br />·Newly constructed Mobilehome Spaces initially held out for rent after January 1, 1990. <br />·A Mobilehome Space upon which there is a Mobilehome that is not the principal or <br />primary residence of the Mobilehome Owner. <br />·Civil Code Section 798.17(b) allows an exemption from any city ordinance that establishes <br />a maximum amount that a landlord may charge a tenant if there is a different rent amount <br />allowed in a signed rental agreement. This is allowed only while the rental agreement is <br />active and has not lapsed. <br />·Mobilehomes or Mobilehome Parks owned or operated by any governmental agency. <br />·Any Mobilehome that is also a rental unit where the rent is subsidized pursuant to a public <br />program that limits the rent that can be charged for the Mobilehome. <br />·Mobilehome Parks with fewer than 10 spaces. <br />Vacancy Decontrol <br />Page 4 City of San Leandro Printed on 5/29/2019 <br />689
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