2007/01/04 Mobile Home Park Rent Appeals Board Resolution (3)RESOLUTION NO. 2007-01
A RESOLUTION OF THE ROHNERT PARK RENT APPEALS BOARD AMENDING
SECTIONS 2.11 AND 7.14 OF THE MOBILE HOME RENT APPEALS BOARD
RULES AND REGULATIONS
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 BOARD met in properly noticed public hearing on January 4, 2007, to
consider amendment to the Rules and Regulations of the Ordinance; and
WHEREAS, the BOARD wishes to clarify certain Sections of the Rules and Regulations
to more accurately reflect the language and intent of the Ordinance and staff has drafted
proposed changes to Sections 2.11 and 7.14 of the Rules and Regulations; and
WHEREAS, the BOARD has determined that Section 2.11, "Posting ", requires greater
clarification in order to accurately reflect the intent of the Ordinance; and
WHEREAS, the Board has determined that Section 2.11 (D) is no longer relevant due to
California Civil Code section 798.7 and 798.45 and should therefore be deleted from the Rules
and Regulations; and
WHEREAS, the BOARD has determined that the Rules and Regulations contained
contradictory procedures regarding the appeal process in Sections 7.14 and 7.15 which require
reconciliation; and
NOW, THEREFORE, the Rohnert Park Rent Appeals Board does hereby resolve as
follows:
I. Section 2.11, "Posting' of the Rent Appeals Board Rules and Regulations is amended to
read as follows:
"A. Maximum Allowable Rent. The maximum allowable rent is defined as the
maximum dollar amount allowed to be charged for each space under the City's
Mobilehome Ordinance.
B. Posting. The landlord shall post in the rental office the maximum allowable rent,
as set forth in Section 2.11(A) above, the address and telephone number of the
Board, a copy of the Ordinance and Rules and Regulations and any other
information the Rent Appeals Board deems relevant for each rent controlled
space within ten (10) calendar days of one or more of the following events:
Rent Appeals Board . 1/04/2007 page 2
1) the expiration of a long -term lease (landlord need only post the
maximum allowable rent of those spaces affected by the lease
expiration);
2) the request of the Rent Appeals Board; or
3) the noticing of the Annual General Adjustment by the Rent Appeals
Board.
C. Vacancy Control and Prospective Homeowner Rights. The terms of vacancy
control and the prospective homeowner rights, as contained in the ordinance
and Sections 2.14 and 2.15 below, shall be made available by the park owner to
homeowners, residents and prospective homeowners at the time they consider
purchasing a mobilehome coach."
2. Section 7.14 (F), "Appeal of the Hearing Examiner's Decision to the Board (Form #10) ",
of the Rent Appeals Board Rules and Regulations is amended to read as follows:
"F. Appeal of the Hearing Examiner's Decision to the Board (Form #10). If appealing
a Hearing Examiner's decision accepted by the Board, a party to the petition
must file an appeal on Form #10 with the Board within ten (10) calendar days of
the Board's mailing of the Notice of Decision (Form #9). See Section 7.15, Appeal
to 'the Board, for procedures. Unless appealed to the Board within the time
prescribed, the decision of a Hearing Examiner shall be the final decision of the
Board."
DULY AND REGULARLY ADOPTED by the Rohnert Park Rent Appeals Board this 4th
day of January 2007.
ATTEST: Katherine Collins
ao ahw,
Board Secretary
AYES: 4 NOES: ABSENT: 1 ABSTAIN:
19
QpgNERT PAp
LrFop' 1 March 1, 2007
MOBILE HOME SPACES
RENT APPEALS BOARD
TO: Mobilehome Resident Associations
Rent Appeals Board
Mobilehome Park Owners, Managers and Legal Representatives
GSMOL Representatives
FROM: Cas Ellena, Housing & Redevelopment Manager
cc: Steve Donley, City Manager
Gabrielle Whelan, Assistant City Attorney
RE: CHANGES TO RULES AND REGULATIONS OF
MUNICIPAL ORDINANCE CHAPTER 9.70
Resolution No. 2007 -01, Adopted 01 /04/2007
Amending Sections 2.11 and 7.14 of the Mobile Home
Rent Appeals Board Rules and Regulations
Enclosed are the two pages of the Mobile Home Spaces — Rent Appeals Rules &
Regulations containing the language changes to Section 2.11 and Section 7.14. Also
enclosed is Resolution 2007 -01 as approved by the Rent Appeals Board at its January 4,
2007 meeting.
Please replace existing pages with the enclosed as follows:
Remove Pam
12 &64
Replace With Pate #
Enclosed 12 & 64
Should you have any questions or require further information, please feel free to call
(707)588 -2233.
CITY OF ROHNERT PARK, CALIFORNIA
RENT APPEALS BOARD
for
CHAPTER 9.70 MOBILE HOME ORDINANCE
DATE FIRST ISSUED: OCTOBER 19, 1995
(AS AMENDED 1996, 1997, 1998, 2000, 2005, 2007)
Res. 96 -01, 6/6/96
Res. 96 -02, 6/696
Res. 96 -04, 7/18/96
Res. 96 -05, 8/15/96
Res. 96 -06, 8/15/96
Res. 96 -08, 6/6/96
Res. 97 -01, 4/3/97
Res, 97 -02, 6/5/97
Res. 98 -04, 11/5/98
Res. 2000 -01, 1015100
Res. 2005 -01, 1/6/05
Res, 2007 -01, 1/4/07
Section 2.11 Posting
A. Maximum Allowable Rent. The maximum allowable rent is defined as the maximum
dollar amount allowed to be charged for each space under the City's Mobilehome Ordinance.
B. Posting. The landlord shall post in the rental office the maximum allowable rent, as
set forth in Section 2.11(A) above, the address and telephone number of the Board, a copy of the
Ordinance and Rules and Regulations and any other information the Rent Appeals Board deems
relevant for each rent controlled space within ten (10) calendar days of one or more of the
following events:
1) the expiration of a long -term lease (landlord need only post the
maximum allowable rent of those spaces affected by the lease
expiration);
2) the request of the Rent Appeals Board; or
3) the noticing of the Annual General Adjustment by the Rent Appeals
Board.
C. Vacancy Control and Prospective Homeowner Rights. The terms of vacancy control
and the prospective homeowner rights, as contained in the ordinance and Sections 2.14 and 2.15
below, shall be made available by the park owner to homeowners, residents and prospective
homeowners at the time they consider purchasing a mobilehome coach.
Section 2.12 Retroactive Effect of Noticed Increase
If all or any increase contained in a landlord petition is granted by the Board or a Hearing
Examiner, said increase shall be retroactive to the legally noticed effective date of increase.
Section 2.13 Mobilehome Owner not a Landlord
An owner of a mobilehome which occupies a controlled rental space is not a landlord for
purposes of this Ordinance and these Regulations.
RentApp /R &R:RR -2007 -12- Last Printed: 01/12/2005
Section 7.14 Decisions of the Board or Hearing Examiner [Res. 96-06,8/15 /961
A. Draft Statement of Decision. Within fifteen (15) working days of the close of the
hearing record, the Board or Hearing Examiner shall complete a draft written statement of
decision together with written findings of facts and conclusions of law upon which such decision
is based, and deliver said draft to the City Attorney of Rohnert Park for review. [Res. 96-06,8/15/961
B. Purpose of Decision. The Board or Hearing Examiner's allowance or disallowance of
any rent level or proposed rent adjustment, increase, or portion thereof, or application of interest
on postponed award, may be reasonably conditioned in any manner necessary to effectuate the
purpose of the Ordinance and these Regulations. If a lump sum payment is deemed a hardship
on the paying party(ies), the Board or Hearing Examiner retains the authority to stipulate the
terms of payment. [Res. 96- 06.8/15/961
C. City Attorney Review. Within five (5) working days of receipt, the City Attorney
shall review said draft for completeness and compliance with the Ordinance, Regulations and
applicable law, and return the draft with an opinion. [Res. 96- 06.8/15/961
D. Final Statement of Decision. Within five (5) working days thereafter the Board or
Hearing Examiner shall revise the draft, if necessary. The Hearing Examiner shall submit the
draft to the Board for review and acceptance. At its next regularly scheduled meeting, the Board
shall review the Hearing Examiner's decision for acceptance. If the Board or Board
subcommittee has acted as the Hearing Examiner, the Board's revised draft shall be reviewed for
acceptance.
[Res. 96 -06 8/15/961
E. Notification of Decision. Within five (5) working days after the Board's acceptance
of decision, the Board or staff shall mail a Notice of Decision on Petition (Form #9) with a copy
of the final written statement of decision together with written findings of fact and conclusions of
law to all parties to the hearing or their representatives. At the same time, each party to the
proceeding or their representatives shall be notified of their right to an appeal (see Sections
7.14.F and 7.14.G.). [Res. 96-06,8/15/2J6
F. Appeal of the Hearing Examiner's Decision to the Board (Form #10). If appealing a
Hearing Examiner's decision accepted by the Board, a party to the petition must file an appeal on
Form #10 with the Board within ten (10) calendar days of the Board's mailing of the Notice of
Decision (Form #9). See Section 7.15, Appeal to the Board, for procedures. Unless appealed to
the Board within the time prescribed, the decision of a Hearing Examiner shall be the final
decision of the Board. [Res. 07-01,1/4/07]
G. Appeal of Board's Final Decision. If appealing a final decision reached by the Board,
a party to the petition would file an appeal directly with the Superior Court of Sonoma County,
pursuant to the California Code of Civil Procedure (CCP) 1094.6, as may be amended. Current
state law provides ninety (90) calendar days for such filing from date of final decision. Each
party is responsible to comply with court filing deadlines currently in effect. [Res. 96- 06.8/15/96]
RentApp /R &R:RR -2007 -64- Last Printed: 01/12/2005