HomeMy WebLinkAboutOrd 728 Amend Chapter 9.50 Mobile Home Rent Review ORDINANCE NO. 728
STAFF REPORT
COUNCIL AGENDA ITEM:
Proposed Ordinance Amending Chapter 9 . 50 of the Municipal Code
(Mobile Home Rent Review)
REQUESTED ACTION:
Consider proposed ordinance
BACKGROUND:
Under state law, a lease in excess of 12 months ' duration is
exempt from all local rent control provisions. (Civ. Code
§ 798 . 17 (a) . ) Only existing tenants, referred to as "homeowners"
under state law, have the right under state law to demand a lease
of 12 months or less in duration. (Civ. Code § 798 . 18 . )
Prospective mobile home tenants (i. e. , purchasers) do not enjoy
these protections under state law. (See Civ. Code § 798 . 9,
defining "homeowner. ") That is why some park owners in the City
force new tenants to sign long-term leases (i. e. , greater than 12
months ' duration) as a condition of tenancy. It enables them to
avoid compliance with local mobile home rent control ordinances,
including vacancy control provisions.
The only way to prevent park owners from requiring pros-
pective tenants to sign long-term leases is to prohibit them from
doing so by ordinance -- essentially, to extend to prospective
tenants the same rights already enjoyed by existing tenants under
state law. Palm Desert' s current mobile home ordinance does not
afford such protections, even though that was the obvious intent
of the vacancy control provision. In other words, because the
City' s current rent review law does not prevent park owners from
requiring long-term leases from prospective tenants in the first
place, the City effectively forfeits its ability to dictate the
amount of rent charged in such leases.
The attached ordinance would prevent such a result by
expressly prohibiting park owners from requiring anyone, as a
condition of tenancy, to accept a rental agreement that upon
execution would be exempt from the City' s rent review laws,
including but not limited to a rental agreement in excess of
twelve months ' duration. In addition, the proposed ordinance
would expand a provision of the City' s current mobile home rent
review laws regarding park owner retaliation against residents to
prohibit park owners from discriminating or retaliating against
anyone for exercising their rights under the City' s laws.
ALTERNATIVES:
1. Adopt the ordinance as drafted.
MSR41585
2 . Adopt the ordinance with changes to be specified by the
Council.
3 . Decline to adopt the ordinance.
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RECOMMENDATION:
Adopt the ordinance as drafted.
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Submitted by: City Attorney
Meeting Date: October 14 , 1993
MSR41585 -2-