In April , the city council appointed to the existing mobilehome rent review committee which consisted of councilmembers, three mobilehome park owner representatives, and three mobilehome park tenants. After several meetings, it was reported to the city council in July that it did not appear that an agreement could be reached and that further discussions would not be fruitful.

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Subsequent city council meetings were held in which various issues were discussed and from which input was received from both mobilehome park owners and mobilehome park tenants and their representatives. Because of the inability of the park owners and park tenants to reach a resolution of their differences, the city council retained the services of Connerly Associates, Inc. The purpose of the survey was to collect relevant information on mobilehome park resident characteristics, space rents, and the mobilehome parks in Petaluma.

Nearly sixty percent of the survey respondents were single adults, while virtually all the remaining respondents comprised two-person households. There were only four respondents who reported having three household members. Most of the respondents, nearly eighty percent, reported being age sixty-two or more. The majority of respondents at all the mobilehome parks reported being "low income," meaning they earned less than twenty-three thousand eight hundred fifty dollars per year for a single person, or twenty-nine thousand five hundred dollars per year for a two-person household.

For all the parks, nearly ninety percent of the survey respondents are low income. Over fifty percent of the residents in all but one mobilehome park reported their income as being within the "very low income" range, sixteen thousand one hundred fifty dollars for a single person or eighteen thousand seven hundred dollars for a two-person household. About sixty percent of the survey respondents in all the parks reported their income as being at the "very low income" level or less.

About forty percent of the residents reported paying more than thirty-five percent of their income for housing expenses. The average rents in the parks, as reported by residents responding to the surveys, range from a low of one hundred ninety-eight dollars per month to three hundred seventy-five dollars per month.

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The average monthly rental reported by respondents for all the parks was two hundred eight-four dollars per month. By comparison, the average space rent reported by respondents for all the parks was two hundred two dollars in The average space rent reported by residents were within five dollars to ten dollars per month of those reported by the park owners. The average rental space rent increase was five percent per year between and None of the park owners responding to the survey reported vacant mobilehome spaces. The city council has discussed and reviewed the above findings and conclusions, and has received information through public hearings and concludes, based on said information and the findings herein, that it is necessary and in the public interest to establish a mechanism to assist in the resolution of disputes that may arise from time to time between residents and park owners regarding the rates charged for rental or lease of space as well as instances where there is a sale or transfer of the mobilehomes by the mobilehome residents.

In addition, the city recognizes the right of the park owners to obtain a fair and reasonable rate of return and for their property to generate income to cover costs of operation and servicing of reasonable financing and to have under the auspices of the city an administrative procedure which will operate effectively and expeditiously to approve rent increases as are reasonable to meet said ends.

At the same time there is a need to establish a means which if followed can provide protection to tenants from unreasonable rent increases resulting in loss of value to their property. A significant majority of the residents of mobilehome parks in the city of Petaluma are older individuals or couples living on fixed incomes. These residents qualify as "low" and "very low" income households and typically expend more than thirty percent of their income on housing related expenses. Nearly all mobilehome park residents own and occupy their mobilehome and have made a substantial monetary investment to live in a mobilehome park.

Residents of a mobilehome park have very limited mobility due to the difficulty and expense of relocating a mobilehome. There is a limited amount of alternative housing affordable to and suitable for the typical mobilehome park resident and mobilehome parks are a valuable resource of affordable housing for low and very low income individuals and families. The city of Petaluma is committed to assisting in the preservation of decent, safe and sanitary housing affordable to all economic segments of the community, especially mobilehome lots affordable to low and very low income individuals and families.

The city council finds there is a shortage of spaces for the location of mobilehomes in the city, a condition which results in low vacancy rates and tends to prevent normal competition between the owners and tenants of mobilehome parks. Rents have been for several years and are presently rising at rates in some instances greater than increases in the CPI, which has caused concern to a substantial number of mobilehome owners.

The city council finds that a substantial number of mobilehome owners in the city have for a long time asserted a need for rent control and that efforts of the city council in the past to mediate differences between park owners and their tenants have been notably unsuccessful. Due to their limited incomes, the large investment in their mobilehomes, the immobility of mobilehomes, and the shortage of spaces for mobilehomes, mobilehome owners generally have very limited economic bargaining power concerning rents charged for mobilehome lots.

The city council intends that this chapter be interpreted and enforced fairly and equitably, in a nondiscriminatory manner, and in accordance with constitutional requirements. For these reasons it is intended that the respective provisions of the ordinance be liberally construed and be considered severable, and that if any portion of it is declared unconstitutional or unenforceable, the remaining portions shall remain valid and in effect.

Prevent the imposition of exploitive, excessive and unreasonable mobilehome space rent increases;. Assist in alleviating the unequal bargaining power which exists between mobilehome park residents and mobilehome park owners;. Provide mobilehome park owners with a guaranteed rate of annual space rent increase which accurately reflects the rate of inflation;. Provide an efficient and speedy process to ensure mobilehome park owners receive a fair, just and reasonable rate of return in cases where the guaranteed annual space rent increases provided by this chapter prove insufficient;.

In the absence of a lawful vacancy, prevent excessive or exploitive rent increases upon the transfer of a mobilehome-on-site i. Such tenants are to be notified that a space rent increase is to become effective. For purposes of providing notice of the increase, providing copies of the rent stabilization ordinance, and support of a rent arbitration petition, each space subject to a rental increase shall be deemed to have only one "affected tenant" for administrative convenience to the park owners. The reference to "all affected tenants" will refer to one representative tenant from each space subject to the proposed rental increase.

Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgment of the clerk, or designee, of the Petaluma mobilehome space rent stabilization program, provides that person with the knowledge and skills to conduct a space rent dispute arbitration in a professional and successful manner; or. Completion of at least three arbitration proceedings for a Superior Court or other public entity that involved issues the clerk, or designee, of the Petaluma mobile-home space rent stabilization program finds similar to those raised in space rent dispute arbitrations.

Served as a California Superior or municipal court pro tempore judge. Department of Labor, Bureau of Labor Statistics. The term "mobilehome space" shall also include, for purposes of this rent stabilization chapter and accompanying fee ordinance, rentable spaces within mobilehome parks which have been occupied by a "recreational vehicle" as defined by California Civil Code Section For the first percent change in Consumer Price Index, it shall be calculated using the CPI published for the month of March, issued in the month of April.

In the event an index is not published for the month of March, the closest preceding month for which an index is published shall be used. Subsequent yearly percent changes in CPI shall be calculated to the nearest tenth, published for the month of July, issued in the month of August. In the event that an index is not published for the month of July, the closest preceding month for which an index is published shall be used. It is the intent of this ordinance to fix the CPI in the beginning of the fiscal year, for the rest of the fiscal year barring an unforeseen failure to publish a CPI for the month of July.

Said increase shall be 1 uniform in percentage rate relative to current base rent; or 2 uniform in dollar amount relative to base rent. Space rent shall not include any amount paid for the use or occupancy of a mobilehome dwelling unit, unless the amount paid for the use or occupancy of a mobilehome is or includes consideration paid to a mobilehome park owner under a rental agreement or other document evidencing tenancy of the mobilehome.

Except as hereinafter provided, an owner shall not demand, accept, or retain rent for a mobilehome space exceeding the rent in effect for said space on the effective date of this chapter. If a previously rented mobilehome space was not rented on the effective date of this chapter, the owner shall not, except as hereinafter provided, demand, accept or retain rent for said space exceeding the rent in effect during the last month the space was rented prior to the effective date of this chapter.

Any mobilehome park owner who disputes that the initial base rent established by subsection A is sufficient to cover operation and maintenance costs, rehabilitation costs, and capital improvement costs, and still provide the owner a fair and reasonable return, may seek adjustment to said initial base rent by submitting a written request to the clerk requesting an opportunity to adjust said initial base rent and shall supply both the clerk and each affected tenant with the notice of request along with the grounds for any such request.

The matter shall be submitted to arbitration as prescribed in Section 6. Except as provided in subsections B or C, or otherwise expressly authorized in this chapter, the space rent payable for use or occupancy of any mobilehome space shall not be increased within twelve months of the effective date of the preceding rent increase.

Except as provided in subsection E or otherwise expressly authorized in this chapter, no initial rent increase shall be imposed sooner than twelve months after the last preceding rent increase regardless of whether the preceding rent increase was effective prior to the effective date of this ordinance. Said increase shall be the lesser of:. If a park owner wishes to apportion to each space on a pro rata basis the allowable percentage of any current rent stabilization administration fee, in addition to any increase of space rent in accordance with preceding subsection A the following provision shall apply:.

The owner shall provide to all affected tenants documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum such documentation shall include: billing notices or other equivalent documents from the city imposing the rent stabilization administration fee; a copy of Section 6. In addition, the owner shall provide all affected tenants with the address and telephone number of the clerk and the fact that the affected tenant is encouraged to contact the clerk for an explanation of the provisions of this chapter.

A rent increase approved pursuant to the provisions of this subsection and in accordance with the procedure set forth in Section 6. In the event an owner wishes to increase the rent payable for any mobilehome space within the twelve month period more than the amount permitted in subsection A for any reason other than that stated in subsection B herein, the procedures set forth in Sections 6. In the event an owner wishes to increase the rent payable for any mobilehome space within the twelve month period more than three hundred percent of the percent change in the CPI, arbitration shall automatically be required to show good cause why such an increase is necessary.

A notice of rent increase given by an owner pursuant to Section 6. The initial rent increase as defined by Section 6. In the event an owner wishes to increase rent payable for any mobilehome space under this subsection E, the procedures set forth in Sections 6. Within thirty days after the operative date of this chapter and upon rerenting of each mobilehome space thereafter, the owner shall supply each affected tenant or tenant-to-be with a current copy of this chapter.

Whenever the owner serves a notice of rent increase, except a notice of rent increase provided pursuant to Section 6. The identity of all other affected tenants and the spaces which they rent and a roster of tenants in the park occupying recreational vehicles in place for more than nine months; and. The address and telephone number of the clerk and a the fact that the tenant is encouraged to contact the clerk for an explanation of the provisions of this chapter; b documentation supporting the level of increase is on file with the clerk;.

A copy of the official petition form as prepared and provided by the clerk which initiates the process established by this ordinance. These documents will be available for inspection at the offices of the clerk. If applicable, notification that the proposed rent increase exceeds three hundred percent of the change in the CPI, and that arbitration is deemed automatically required by the provisions of Section 6.

The park owner shall also serve any tenant-to-be as defined in Section 6. Any owner failing to provide an affected tenant or tenant-to-be and the clerk with the information, documents, and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this chapter from that tenant nor to any rent increase that might otherwise be awarded by an arbitrator.

Such failure by the owner shall be a defense in any action brought by the owner to recover possession of a mobilehome space or to collect any rent increase from the tenant. An affected tenant who is given notice of a rent increase is entitled to file a petition for space rent review as provided in Section 6. The tenant may contact the clerk of the city of Petaluma mobilehome space rent stabilization program for an explanation of the provisions of this chapter. If the tenants dispute any rent increases, the tenants or their representative shall file with the clerk a petition for space rent review and a copy of the notice of rent increase, if available, within twenty-one days after the date upon which the rent increase notice is received.

The clerk shall not accept a petition for filing unless it has been signed by at least fifty-one percent of all affected tenants. Call Us Today! Owner Portal Tenant Portal.