10A Action 2019 0603 - Laserfiche WebLink

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File Number: 19-310 Rights of Prospective Mobilehome Owners The proposed ordinance requires that Mobilehome Park Owners offer to prospective Mobilehome Owners information regarding the Ordinance, that they are offered an initial lease agreement of at least 12 months, and that they provide a copy of the Ordinance for the prospective Mobilehome Owner’s information. Annual Registration/Noticing The proposed Ordinance requires that Mobilehome Park Owners register with the City annually. The City will track contact information and the name of the legal entity, if any, that has an ownership interest in the Mobilehome Park. Additionally, the annual registration will require information on the rents as well as any other charges by the Mobilehome Park Owner for a Mobilehome Owner’s occupancy of a Mobilehome Space. In recent years, when Mobilehome Parks have changed ownership, the City has invested significant staff time to address problems and conflicts with these changes in ownership. The Ordinance proposes that the City and all Mobilehome Owners in a Mobilehome Park must be notified of any change in ownership, and that the prospective park owners will be informed of the Ordinance. Prohibition of Retaliation The following conduct by a Mobilehome Park Owner will be considered unlawful under the Ordinance: ·Eviction of a tenant as retaliation for organizing, petitioning, or exercising rights under the Ordinance. ·Any retaliatory conduct, including threats to bring an action to recover possession of a mobilehome park space, harassment, unlawful mobilehome park space rent increases, or unlawfully imposing requirements. Miscellaneous An affected Mobilehome Owner may refuse to pay any illegal rent in excess of the maximum rent increase amount authorized under the proposed Ordinance. Such unpaid rent in excess of the maximum rent increase permitted will be a defense in any action brought to recover possession of a Mobilehome Space for nonpayment of rent or to collect the illegal rent. The following rent increases may be implemented anytime during the year: 1) government mandated expense pass-throughs, 2) utility pass-throughs, 3) capital improvement pass-throughs, and 4) in-place transfer rent increases (e.g., eligible change of ownership of the Mobilehome unit, which remains in its space). All prospective tenants must be offered the option of a tenancy of 12 months or less upon terms consistent with the proposed Ordinance unless the Mobilehome Park Owner and the Mobilehome Page 7 City of San Leandro Printed on 5/29/2019 692