HomeMy WebLinkAboutCC RES 94-053RESOLUTION NO. 94-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, OPPOSING ASSEMBLY
BILL 122 WHICH WOULD AMEND THE MOBILEHOME
RESIDENCE LAW TO PROHIBIT CITIES AND COUNTIES
FROM ADOPTING OR ENFORCING RENT CONTROLS
WITHIN MOBILIIiOME PARKS. �
WHEREAS, State Assembly Bill No. 122 was introduced on January
12, 1993 (amended in the State Senate on June 28, 1993, August 17,
1993, and February 2, 1994, and amended in the State Assembly on
March 17, 1993, April 21, 1993, and May 28, 1993) and is an act to
amend Section 18005.8 of, and to add Section 18080.9 to, the Health
and Safety Code relating to mobilehomes, and to amend Section
798.41 of, to add Section 798.46 to, to repeal Sections 798.17 and
798.49 of, and to repeal and add Section 798.45 of, the Civil Code
relating to mobilehomes;=and
WFiEREAS, this bill would, among other things, amend the
Mobilehome Residency Law to prohibit cities and counties from
adopting or enforcinq rent controls for any hiring of real property
for residential use within a mobilehome park; and
WHEREAS, this bill would seriously impact the City of Palm
Desert's four mobilehome parks and their residents; and
WHEREAS, the City Council has determined that mobilehomes are
difficult to relocate due to restrictions on mobilehomes permitted
in many mobilehome parks, requirements related to the installation
of mobilehomes, and significant costs and risks involved in moving
mobilehomes, and that these difficulties create a captive market
for mobilehome owners. This immobility, in turn, contributes to
the creation of a great imbalance in the barqaining position of the
mobilehome park owners and mobilehome owners in favor of mobilehome
park owners; and
WHEREAS, mobilehome owners are property owners with a sizable
investment in their mobilehomes and appurtenances thereto and
consider their relationship with the park owner as a joint housing
venture. The continuinq possibility of unreasonable space rental
increased in mobilehome parks threatens to diminish the value of
the investment of the mobilehome; and
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WHEREAS, this Council has found and declared it necessary to
facilitate and encouraqe fair barqaining between mobilehome owners
and mobilehome park owners to achieve mutually satisfactory
aqreements regardinq space rental rates in mobilehome parks.
Absent such aqreeaents, this City Council has further found and
declared it necessary to protect the owners and residents of
mobilehome� from unreasonable space rental increases while
simultaneously recognizing and prov=ding for the need of park
owners to receive a just and reasonable return on their investment;
and
WHEREAS, the City Council has found and declared that the
objectives of the Mobilehome Rent Stabilization Program could best
be met by enacting an ordinance to allow annual rental increases to
be automated by linkinq such increases to changes in the Consumer
Price Zndex, and by permitting mobilehome owners and park owners to
petition the Rent Review Commission to adjust the annual rental
increases where circumstances justify; and
WHEREAS, Section 9.50 of the Palm Desert Municipal Code
relates to the regulation of mobilehome park rent control and
disputes; and
WHEREAS, AB 122 represents a serious State preemption of local
control. Individual cities should have the authority to implement
mobilehome rent control programs and craft them in a manner that
fits the unique needs to the individual communities. Many
jurisdictions, including the City of Palm Desert, have implemented
mobilehome rent control proqrams in response to requests from
citizens, many of whom are low income and/or senior citizens. The
Palm Desert Mobilehome Rent Control Ordinance is uniformly praised
and supported by the City's tenants and orqanized tenant groups.
However, if enacted, AB 122 would seriously impact the ability of
local governments to continue to assist in the provision of
affordable housing:
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES HEREBY RESOLVE as follows:
Section 1: The City Council opposes AB 122 and urges all
State Assembly Members to vote NO on AB 122;
Section 2:. The City Council urqes all cities and counties
to contact State Assembly Members to express opposition to AB 122.
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PASSED, APPROVED and ADOPTED by the City Council of the City
of Palm Desert, California, at its reqular meeting held on the 12th
day of May, 1994, by the followinq vote, to wit:
AYES: Crites, Relly, Snyder, Wilson
,
NOES: None � 1
ABSENT: Benson
ABSTAIN: None
0
SHEILA R.—G'I IGAN, y Clerk
City of Pal Dese , alifornia
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