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File Number: 19-310 <br />The Ordinance allows an opportunity for - and a period where - either the Mobilehome Owner(s) <br />or Mobilehome Park landowner may propose an alternative and mutually agreeable rent change. <br />If an offer for settlement is rejected and the rejecting party fails to obtain a more favorable <br />decision or award, the rejecting party cannot recover his or her post-offer legal expenses and <br />must pay for the offering party’s legal costs from the time of the offer. When settlement offers <br />have been submitted in a timely manner, but neither were accepted, the Rent Review or Hearing <br />Officer may assign responsibility for legal costs based on which party failed to obtain a more <br />favorable decision. <br />Procedures for Rent Review <br />The Ordinance allows Mobilehome Park Owners and affected Mobilehome Owners a request for <br />review by the Rent Review Officer once within any 12-month period year for applications seeking: <br />·Rent increase based on a Fair Rate of Return; <br />·Temporary increase in rent based on a Capital Improvement Cost pass-through; <br />·Temporary increase in rent based on a Capital Replacement Cost pass-through; <br />·Rent reduction based on a reduction of services by the Mobilehome Park Owner. <br />Notification of the rent review application must be sent to the Mobilehome Owner, or the owner’s <br />representative. A copy of the rent review application must also be available for public review and <br />copying in City Hall during normal business hours. The Rent Review Officer may determine the <br />need for financial expertise (a certified public accountant, for example) to verify the accuracy of <br />application-related financial documentation. <br />Applications for rent review will be decided by the Rent Review Officer, which will be the <br />Community Development Director or his or her designee, based on substantial evidence and <br />without a hearing or personal appearances by any of the involved parties or their representatives. <br />The Rent Review Officer’s determination will be mailed and emailed to the park owner and the <br />Mobilehome Owners, and if applicable, to their representatives. <br />Appeal of the Rent Review Officer’s Decision <br />The proposed ordinance provides procedures for appealing the Rent Review Officer’s decision. <br />There is a 30 day deadline from the date the Rent Review Officer mails the decision. For <br />Mobilehome Owners to appeal a rent increase or pass-through, at least 25% of the affected <br />Mobilehome Owners within the park must sign the appeal application. <br />A Hearing Officer would review and make a decision regarding the appeal. The Hearing Officer <br />will be a licensed attorney and member of the California Bar. The Hearing Officer will be selected <br />through the California Office of Administrative Hearings (OAH), or through the City Manager if the <br />OAH is unable to provide hearing officers. The Hearing Officer must conduct a public hearing <br />where both the park owner and Mobilehome Owners can attend and present their justifications. <br />Page 6 City of San Leandro Printed on 5/29/2019 <br />691