HomeMy WebLinkAbout1991-06-11 - AGENDA REPORTS - AMEND RENT STABILIZATION (2)AGENDA REPORT
City Manager Approval
UNFINISHED BUSINESS Lynn M. Harris
SUBJECT: Amendments to the Manufactured Home Rent Stabilization
Ordinance No. 90-38
Item Item to be presentedu*bto be presented bl
DATES June -11, 1991
Ordinance No. 91-24
DEPARTMENT: Community Development
BACKGROUND:
At its meeting of May 28,1991, the City Council introduced proposed Ordinance
No. 91-24, waived further reading and passed it to second reading. The
proposed ordinance addresses the two areas of most concern regarding
manufactured home rental adjustments:
1. The monthly or annual adjustment for rent increases.
2. The ability for a mobilehome park to be exempted from the ordinance
through leasing arrangements.
The draft ordinance clarifies that an adjustment of gross space rental for
1991, would be based on the lesser of a six percent increase or an increase
equal to the prior January's annual adjustment in the Consumer Price Index.
New changes in state law allow a new or current park tenant to accept a lease
of one year or more. Tenants have the right to accept leases of less than one
year or more. The proposed ordinance would not allow mobilehome park
exemptions based on long term leases.
A park owner may no longer insist on a long term lease as a condition for new
move -ins, per. our City Attorney's opinion of the effects of the recent state
law. However, the legal community is divided on this issue, and some park
owners may continue to insist on long-term leases for new move -ins..
Waive further reading and adopt Ordinance No. 91-24.
ATTACHMENTS
Draft Ordinance No. 91-24
BCA: 76
Adopted:
Agenda Item.
ORDINANCE NO. 91- 24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING CHAPTER 8.58 OF THE SANTA
CLARITA MUNICIPAL CODE RELATING -TO
MANUFACTURED HOME PARK RENT ADJUSTMENT
PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Subsection C of.Santa Clarita Municipal
Code Section 8.57.030 is hereby repealed.
SECTION 2. Section 8.57.070 of the Santa Clarita
Municipal Code is.hereby repealed in its entirety.
SECTION 3. The Santa Clarita Municipal Code is hereby
amended at subsection 8.57.090A to read as follows:
A. Prohibition of Adjustments. No increase
in space rent shall be permitted except
for an annual rent adjustment as provided
for herein.
SECTION 4. The Santa Clarita Municipal Code at
subsection 8.57.090E is hereby amended at the paragraph
entitled "Notice" and at subpart (4) to read as follows:
B. Notice. Prior to the annual rent
adjustment; the park owner shall provide
the resident with a Notice of Proposed
Rent Adjustment at least 60 days prior to
the effective date of such adjustment. A
Notice of Rent Adjustment shall set forth
all of the following information:
(4) The park owner and resident shall
execute a single document related to
the annual rent adjustment, stating
that the information, documents or
notices required by this section
have.been received by the tenant.
The original of the document
acknowledging receipt of
information, documents or notices
required by this section shall be
retained by the owner and a -copy
thereof provided to the resident.
In the event a resident fails or
refuses -to execute the document
required herein within ten (10) days
after park owner's request that the
tenant do so, the park owner shall
prepare a declaration under penalty
of perjury stating that the
information, documents, or notices
required by this section have been
delivered to the resident, the date
the park owner requested the
resident to sign the joint document
acknowledging receipt, and the date
the declaration was executed.
The remainder of Section 8.57.090 -shall remain unchanged.
SECTION 5. Subsection A. (1) of section 8.57.120 is hereby
amended to read as follows:
A. Adjustments deemed reasonable. The
following adjustments in rent shall be
deemed reasonable:
(1) An adjustment
income equal
percent (6%)
equal to the
adjustment in
of tYie notice
adjustment.
of gross space rental
to the lesser of a six
increase or an increase
prior January's annual
the CPI from the date
of proposed rent
The remainder of Section 8.57.120 shall remain unchanged.
SECTION § Chapter 8.57.of the Santa Clarita
Municipal Code is hereby amended to renumber the entire
chapter to 6.02. The numbering for each section shall
hereby be 6.02.010, et seq. Title 6 is hereby entitled
"Consumer Protection."
SECTION 2. The City -Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
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PASSED AND APPROVED this day of ,
19
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, , City Clerk of the City of
Santa Clarita, do hereby certify -that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the day of , 19_. That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
, 19._, by the .following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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CITY CLERK