HomeMy WebLinkAboutOrd 730 Recission Mobile Home Rental Agreements CITY COUNCIL A'ION:
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Regular and urgency ordinances amendnc zon c of 4eotsion
9 . 50. 075 of the Municipal Code. .
ur•iginai on File with 1ty Clerk' s Office
REQUESTED ACTION:
Consider and adopt ordinances.
BACKGROUND:
On October 28, 1993 , the Council adopted Ordinance No. 728 which,
among other things, added Section 9 . 50. 075 to the Palm Desert
Municipal Code. A copy of Ordinance No. 728 is attached hereto
as Exhibit "A" . Section 9 . 50. 075 protects prospective tenants of
mobile home parks from being forced to accept rental agreements
that would be exempt from the City' s mobile home rent control
laws as a condition of tenancy.
The intent and purpose of subsection (c) of Section 9 . 50. 075 was
to enable prospective tenants who sign rental agreements that
violate Section 9 . 50. 075 after the effective date of Ordinance
No. 728 to rescind such rental agreements. However, a key word
("not") was inadvertently omitted from the text of subsection (c)
as it appeared in Ordinance No. 728 , thereby reversing its
intended meaning. An ordinance is needed to correct the error.
To prevent Ordinance No. 728 from taking effect with the wrong
language in subsection (c) , it is necessary to correct the error
by means of an urgency ordinance, which will actually take effect
before Ordinance No. 728 . We also recommend that the Council
correct the error by means of a regular ordinance, as a backup
measure in case the urgency ordinance were ever challenged and
invalidated.
ALTERNATIVES:
1 . Adopt the urgency and regular ordinances as drafted.
2 . Adopt the urgency and regular ordinances with changes to be
specified by the Council.
3 . Adopt only one of the proposed ordinances and decline to
adopt the other ordinance.
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RECOMMENDATION:
Adopt the urgency and regular ordinances as drafted.
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Submitted by: Marshall S. Rudolph, Deputy City Attorney
Meeting Date: November 17 , 1993
MSR43395
ORDINANCE NO. 728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING SECTION
9.50.075 TO THE MUNICIPAL CODE REGARDING
FORCED EXEMPTION OF RENTAL AGREEMENTS FROM
MOBILE HOME RENT REVIEW LAW AND AMENDING
SECTION . 9.50.120 OF THE MUNICIPAL CODE
REGARDING DISCRIMINATION AND RETALIATION.
WHEREAS, state law provides that mobile home park rental
agreements in excess of 12 months' duration are exempt from any
local rent control laws or regulations; and
WHEREAS, state law expressly prohibits mobile home park owners
or managers from requiring existing tenants to accept rental
agreements in excess of 12 months' duration as a condition of
tenancy, but arguably is silent with respect to the length of
rental agreements that may be offered to prospective tenants; and
WHEREAS, the City Council wishes to ensure that no one who
wishes to live in a mobile home park in the City is required as a
condition of tenancy to relinquish the protections of the City's
mobile home rent review law.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Section 1. That Section 9.50.075 is hereby added to the Palm
Desert Municipal Code and will read as follows:
"9.50.075 Forced Exemption From Chapter Prohibited.
(a) It shall be unlawful for any mobile home .park owner or
manager to require anyone, as a condition of tenancy, to
accept a rental agreement that upon execution would be exempt
from any provision of this Chapter, including but not limited
to a rental agreement in excess of 12 months' duration.
(b) Nothing in this section shall prevent anyone from
knowingly and voluntarily accepting a rental agreement that
upon execution would be exempt from this Chapter, including
but not limited to a rental agreement in excess of 12 months'
duration. However, any such rental agreement shall bear the
following notice in all capital letters and no less than 10-
point bold type and shall be initialed by the tenant or
prospective tenant:
MSR41292
IMPORTANT NOTICE REGARDING THIS RENTAL AGREEMENT. PLEASE
BE ADVISED THAT THIS RENTAL AGREEMENT, IF SIGNED, CREATES
A TENANCY THAT WOULD BE EXEMPT FROM THE PROVISIONS OF THE
PALM DESERT MOBILE HOME PARK RENT REVIEW ORDINANCE WHICH,
ALONG WITH THE STATE MOBILE HOME RESIDENCY LAW
(CALIFORNIA CIVIL CODE SEC. 798 et seq. ) , GIVES YOU
CERTAIN LEGAL RIGHTS. YOU MAY WISH TO CONSULT A LAWYER
BEFORE SIGNING. UNDER STATE AND/OR LOCAL LAW, YOU HAVE
THE RIGHT TO BE OFFERED A RENTAL AGREEMENT THAT IS NOT
EXEMPT FROM THE PALM DESERT MOBILE HOME PARK RENT REVIEW
LAW. BY PLACEMENT OF YOUR INITIALS BELOW, YOU ARE
ACKNOWLEDGING THAT YOU RECEIVED THIS NOTICE AS REQUIRED
BY LAW.
Initials -- Tenant/Prospective Tenant
The foregoing notice shall be provided in addition to, and not
instead of, any other notices required by state law.
(c) Unless otherwise dictated by state law, anyone who is
required to sign a rental agreement that does comply with this
Section on or after the effective date of this ordinance may
rescind the agreement without penalty and instead insist upon
a rental agreement that complies with this Section. "
Section 2. That Section 9.50.0120 is hereby amended to read
as follows:
"9.50.120 Discrimination and Retaliation Prohibited.
It is unlawful for a mobile home park owner, or any agent or
representative of the owner, to discriminate or retaliate
against any person because of their exercise of any rights
provided by this Chapter. Such discrimination or retaliation
shall be subject to suit for actual and punitive damages,
injunctive relief, and attorneys' fees. Such discrimination
or retaliation shall also be an available defense in an
unlawful detainer action. In any action in which such
discrimination or retaliation is an issue, the burden shall be
on the mobile home park owner to prove that the dominant
motive for the act alleged to be discriminatory or retaliatory
was in fact other than discriminatory or retaliatory. "
Section 3. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert,
and same shall be in full force and effect 30 days after its
adoption.
MSR41292 -2-
PASSED, APPROVED and ADOPTED this 28th day of October, 1993,
by the City Council of the City of Palm Desert, California by the
following vote, to wit:
AYES: Crites, Kelly, Snyder, Wilson
NOES: None
ABSENT: Benson
ABSTAIN: None
'OY WIL ,L Ma ProT ore
ATTEST: AO( '
' Mayor - P
, SHEILA R. GILLIGAN, CI y Clerk
City of Pa Desert; •alifornia
•
MSR41292 -3-
SENT BY: 11- 5-93 ;12:11PM ;BEST, BEST,& KRIEGER- City of Palm Desert; ,-' 2/ 5
URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SUBSECTION (c) OF SECTION 9.50.075 OF THE
MUNICIPAL CODE, REGARDING RESCISSION OF
CERTAIN MOBILE HOME RENTAL AGREEMENTS.
WHEREAS, on October 28 , 1993, the Council adopted Ordinance
No. 728 which, among other things, added Section 9. 50.075 to the
Palm Desert Municipal Code; and
WHEREAS, Section 9.50.075 protects prospective tenants of
mobile home parks from being forced to accept rental agreements
that would be exempt from the City' s mobile home rent control laws
as a condition of tenancy; and
WHEREAS, the intent and purpose of subsection (c) of Section
9.50.075 was to enable prospective tenants who sign rental
agreements that violate Section 9.50.075 after the effective date
of Ordinance No. 728 to rescind such rental agreements; and
WHEREAS, a key word ("not") was inadvertently omitted from the
text of subsection (c) as it appeared in Ordinance No. 728, thereby
reversing its intended meaning.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Section 1. That subsection (c) of Section 9. 50.075 of the
City Code is hereby amended to read as follows:
" (c) unless otherwise dictated by state law, anyone who is
required to sign a rental agreement that does not comply with
this Section on or after the effective date of this Section
may rescind the agreement without penalty and instead insist
upon a rental agreement that complies with this Section."
Section 2 , The Council finds and determines that the
following urgent circumstances justify that this ordinance take
effect immediately upon its adoption:
1. Due to an inadvertently omitted word in Ordinance No.
728 , persons signing rental agreements that violate
Section 9.50.075 on or after the effective date of
Ordinance No. 728 would not be able to rescind such
agreements as intended by the Council. Likewise, persons
signing rental agreements that comply with Section
9.50.075 after the effective date of Ordinance No. 728
would be able to rescind them, contrary to the Council's
intent. This error could result in potential harm to
both prospective tenants and mobile home park owners and
cause general disorder and unrest in the mobile home community.
NSR43364
SENT BY: 11- 5-93 ;12:11PM ;BEST, BEST,& KRIEGER- City of Palm Desrt;# 3' 5
2 . The only way to prevent such potential harm, disorder,
and unrest is to fix the inadvertent error before
Ordinance No. 728 takes effect by adopting this urgency
ordinance.
Section 3 . The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert,
and same shall be in full force and effect immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this day of , 1993,
by the City Council of the City of Palm Desert, California by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN K. BENSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
MSR43364 -2-
SENT BY: 11- 5-93 12:11PM ;BEST, BEST,& KRIEGER-. City of Palm, Desert,# 4,•' 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING
SUBSECTION (c) OF SECTION 9.50.075 OF THE
MUNICIPAL CODE, REGARDING RESCISSION OF
CERTAIN MOBILE HOME RENTAL AGREEMENTS.
WHEREAS, on October 28, 1993, the Council adopted Ordinance
No. 728 which, among other things, added Section 9. 50.075 to the
Palm Desert Municipal Code; and
WHEREAS, Section 9. 50.075 protects prospective tenants of
mobile home parks from being forced to accept rental agreements
that would be exempt from the City's mobile home rent control laws
as a condition of tenancy; and
WHEREAS, the intent and purpose of subsection (c) of Section
9.50. 075 was to enable prospective tenants who sign rental
agreements that violate Section 9.50.075 after the effective date
of Ordinance No. 728 to rescind such rental agreements; and
WHEREAS, a key word ("not") was inadvertently omitted from the
text of subsection (c) as it appeared in Ordinance No. 728, thereby
reversing its intended meaning.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Sgctio}1 1. That subsection (c) of Section 9.50.075 of the
City Code is hereby amended to read as follows:
" (c) Unless otherwise dictated by state law, anyone who is
required to sign a rental agreement that does not comply with
this Section on or after the effective date of this Section
may rescind the agreement without penalty and instead insist
upon a rental agreement that complies with this Section. "
Section The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert,
and same shall be in full force and effect thirty (30) days after
its adoption.
PASSED, APPROVED and ADOPTED this day of , 1993,
by the City council of the City of Palm Desert, Calif or a by the
following vote, to wit:
AYES:
NOES:
MSR43379
SENT BY: 11- 5-93 ;12:12PM ;BEST, BEST,& KRIEGER-) City of Palm Desert;: 5/ 5
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor —.
ATTEST:
SHEILA R. GILLIGAN, City Clark
City of Palm Desert, California
NSR43374 -2`