2007/01/04 Mobile Home Park Rent Appeals Board ResolutionRESOLUTION NO. 2007-02
A RESOLUTION OF THE ROHNERT PARK RENT APPEALS BOARD AUTHORIZING
LETTER TO PARK OWNERS REGARDING THE REQUIREMENTS OF THE MOBILE
HOME ORDINANCE AND THE RULES AND REGULATIONS REGARDING
PROSPECTIVE HOMEOWNERS RIGHTS
WHEREAS, Ordinance No. 494, now codified as Chapter 9.70, MOBILEHOME
ORDINANCE (the "Ordinance ") in the Rohnert Park Municipal Code was adopted by the
electorate in December, 1987, as an initiative measure; and
WHEREAS, Section 9.70.030(F) of the Ordinance provides that the City Council has
authorized the Rent Appeals Board (the "Board ") to issue Rules and Regulations (the "Rules
and Regulations "); and
WHEREAS, the BOARD has adopted Rules and Regulations; and
WHEREAS, the Ordinance, Section 9.70.044, of the City's Municipal Code, and Section
2.15 of the Rules and Regulations provide that a prospective homeowner must be offered the
option of renting a mobile home space in a manner which will permit the prospective
homeowner to receive the benefits of the Ordinance; and
WHEREAS, the Board heard comments from residents at its December 7, 2006 Rent
Appeals Board meeting claiming that some mobile home parks may not be providing this
option to prospective residents; and
WHEREAS, the Board desires to send a letter to park owners detailing the requirements
of the Ordinance and the Rules and Regulations regarding prospective homeowners rights; and
NOW, THEREFORE, the Rohnert Park Rent Appeals Board does hereby direct staff to
send a letter to park owners detailing the requirements of the Ordinance and the Rules and
Regulations regarding prospective homeowners right to be offered option of renting a mobile
home space in a manner which will permit the prospective homeowner to receive the benefits
of the Ordinance.
DULY AND REGULARLY ADOPTED by the Rohnert Park Rent Appeals Board this 4th
day of jqngary, 2007.
Chairperson:
ATTEST: Katherine Collins
Board Secretary
AYES: 4 NOES: ABSENT: 1 ABSTAIN:
January 5, 2+007
Mobile Home
Spaces - Mobilehome Park Owners and Managers:
Rent Board Appeals Re: Prospective Homeowner Rights requirements of the Mobile Home Ordinance,
Chapter 9.70 of the City of Rohnert Park Municipal Code Section 9.70.044 and the
Rent Appeals Board Rules and Regulations Section 2.15 regarding prospective
Homeowner Rights.
The Mobilehome Ordinance, Chapter 9.70 of the City's Municipal Code, Section
9.70.044 provides "Any person who is a prospective homeowner as defined in section
9.70 .020.K' must be offered the option of renting a mobile home space in a manner which
will permit the prospective homeowner to receive the benefits of this chapter which
includes, but is not limited to, rental of a mobile home space on a month -to -month basis,
and a new base rent as set forth in section 9.70.042. Such a person cannot be denied the
option of a tenancy of twelve months or less in duration. The park owner /management
shall inform the prospective homeowner of their options under this clause."
Section 2.15 Prospective Homeowner Rights of the Rent Appeals Board Mules and
Regulations provides:
"A. Any person who is a prospective homeowner as defined in Chapter 9 --
Definitions (9.70.020.x) must be offered the option of renting a mobilehome space in
a manner which will permit the prospective homeowner to receive the benefits of this
chapter which includes, but is not limited to, rental of a mobilehome space on a
month -to -month basis, and a base rent as set forth in Section 2.14 (9.70,042), Such a
person cannot be denied the option of a tenancy of 12 months or less in duration,
B. The prospective homeowner shall have access to the vacancy control provisions as
detailed in Section 2.14 Vacancy Control.
C. The park owner /management shall inform the prospective homeowner of their
options under this clause. The terms of this section are subject to the posting
requirements contained in Section 2.11 Posting."
The Rent Appeals :Board heard comments at its December 7, 2006 Rent Appeals Board
meeting claiming that some mobilehome parks may not be providing this option to
prospective residents,
' 9.70 .020.K "Prospective homeowner means a person who is not currently a resident in a mobile home
Park but is a prospective mobile home space resident who desires the use of a mobile home space and has
presented himseif/herseif to the park owner /management as such, or who is a current resident in a mobile
home park who desires to occupy another mobile home park who desires to occupy another mobile home
space in that park.,'
6750 Commerce Boulevard . Rohnert Park CA. 94928. (707) 588.2226. Fax (707) 588 -2263
Mobile Home Park Owners and Managers
January S, 200'
Page Two
Please be advised that adherence to this requirement will be strictly enforced. Please also
be advised that Rohnert Park Municipal code, Chapter 3,70,050(D) provides that a
landlord who is not in compliance with any provision of the mobile home ordinance is not
permitted to impose the annual general rent adjustment otherwise permitted.
The Rent Appeals Board hereby notifies you that the above mentioned requirements will
be enforced and directs you to post this letter at your mobilehome park rental office in a
prominent place. Please provide an affidavit of posting to this office no later than January
15, 2007.
Sincerely,
Cas Ellena
Housing and Redevelopment Manager
Enclosures:
Chapter 3.70 Mobile Home Ordinance
Sections 2.14 and 2,15 of the Rent Appeals Board Rules and Regulations
cc: City Council Members of the City of Rohnert Park
Rent Appeals Board
Stephen Donley, City Manager
Michelle Marchetta Kenyon, City Attorney
Gabrielle Whelan, Assistant City Attorney
6750 Commerce Boulevard. Rohnert Park CA. 94928. (707) 58$-2226. Fax (707) 666 -2263