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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
Document Relationships
Ord 2019-010 PAD
(Approved)
Path:
\City Clerk\City Council\Ordinances\2019
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File Number: 19-310 <br />Under the Ordinance, it would be lawful for a Mobilehome Park Owner or operator to charge a <br />new Mobilehome Space rent beyond the space rent thresholds established under the Ordinance <br />pursuant to the following: <br />·Voluntary in place sale or transfer of a Mobilehome which remains in place on the space or <br />pad. <br />·Voluntary removal of a Mobilehome by the Mobilehome Owner who will no longer reside in <br />the park. <br />·Vacancy occurring after the park owner obtains a judgement of unlawful detainer or other <br />legal termination of tenancy. <br />·Abandonment of the Mobilehome. <br />The Ordinance establishes the following circumstances where it would be unlawful for a <br />Mobilehome Park Owner or operator to charge Mobilehome Space rent beyond the space rent <br />thresholds under the Ordinance: <br />·Mobilehome Owner replaces his/her mobilehome unit on the existing space. <br />·Mobilehome owner legally transfers title to existing lawful residents of the Mobilehome, or <br />the Mobilehome Owner legally transfers title to a parent or parents, siblings, children, <br />grandchildren, nieces or nephews. <br />Fair Return Rent Increase <br />The Ordinance establishes a method to ensure a fair rate of return to park owners based on the <br />concept of Maintenance of Net Operating Income (MNOI). <br />The Ordinance provides a method to calculate Net Operating Income (NOI) based on Gross <br />Rental Income and Operating Expenses (as both are defined in the Ordinance). NOI would be <br />calculated by subtracting operating expenses from gross rental income. <br />Gross rental income would not include: utility charges for submetered gas and electricity; charges <br />for water, refuse disposal, sewer service and/or other services provided by or charged to the <br />Mobilehome Owner solely on a pass-through basis and/or are regulated by state or local law, <br />laundry service charges, storage charges, and rental income spaces exempted from rent limits by <br />state law or the Ordinance. <br />Operating expense exclusions would include: mortgage principal or interest payments or other <br />debt service costs; penalties, fees or interest assessed or awarded for violations of the <br />Ordinance or other laws; depreciation; political contributions; and master-metered gas and <br />electricity services. <br />Process to Consider Alternate or Settlement Proposals <br />Page 5 City of San Leandro Printed on 5/29/2019 <br />690
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