2007/12/07 Mobile Home Park Rent Appeals Board ResolutionRESOLUTION NO. 2006-03
A RESOLUTION OF THE ROHNERT PARK RENT APPEALS BOARD
APPROVING LETTER TO RANCHO GRANDE RESIDENTS REGARDING
PURPORTED PENDING RENT INCREASE NOTICE AND DIRECTING
HILLSBORO TO REMOVE PENDING RENT INCREASE LANGUAGE FROM
RESIDENTS MONTHLY STATEMENTS
WHEREAS, Hillsboro Properties ( "Hillsboro ") has been seeking mobilehome
rent increases from 1988 -1996 and damages against the City of Rohnert Park and has
included the following language on residents monthly statements: "Pending rent
increase application $289.01 per month" ( "Pending Rent Increase "); and
WHEREAS, staff understands that Hillsboro added this language to the monthly
statements to take effect in the event that it prevailed in litigation seeking a court
awarded rent increase (the "Hillsboro Complaint "); and
WHEREAS, the trial court dismissed the Hillsboro Complaint; and
WHEREAS, in April of 2006, the Court of Appeal affirmed the trial court's
dismissal of the Hillsboro Complaint; and
WHEREAS, in July 2006, the Supreme Court of California declined to review the
appellate court's decision denying review of the Hillsboro Complaint;
WHEREAS, Hillsboro filed a petition for writ of certiorari seeking U.S. Supreme
Court review of the trial court's decision; and
WHEREAS, Rule 23 of the United States Supreme Court provides that a stay of a
lower court judgment will be granted only upon the application of the party seeking
judgment; and
WHEREAS, Hillsboro did not seek a stay of the trial court judgment; and
WHEREAS, the trial court decision remains in effect; and
WHEREAS, the City of Rohnert Park Rent Appeals Board ( "RAB ") staff has
received complaints from Rancho Grande residents regarding the Pending Rent
Increase language on their monthly statements;
WHEREAS, Rohnert Park Municipal Code section 9.70.030(F) authorizes the Rent
Appeals Board to issue orders; and
WHEREAS, Rohnert Park Municipal Code section 9.70.040(C) authorizes the
Rent Appeals Board to require that other information it deems relevant be posted;
Rent Appeals Boas 12/07/2006 page 2
BE IT RESOLVED by the Rohnert Park Rent Appeals Board that it does hereby:
1) direct staff to send a letter to Rancho Grande residents ( "Letter to Residents ")
explaining that the Pending Rent Increase statement on Rancho Grande monthly billing
statements is inaccurate and 2) and order Hillsboro to post the Letter to Residents in a
prominent place in the rental office at Rancho Grande mobilehome park.
BE IT FURTHER RESOLVED by the Rohnert Park Rent Appeals Board that it
does hereby order Hillsboro Properties to remove the "Pending rent increase
application $289.01 per month" language from residents' monthly statements
immediately.
DULY AND REGULARLY ADOPTED by the Rohnert Park Rent Appeals Board
this 7th day of December, 2007.
Chair erso
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AT T: Katherine Collins
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Board Secretary
AYES: t NOES: O ABSENT: 0`2 ABSTAIN: