HomeMy WebLinkAboutORD 728ORDINANCE 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:
"9.50.07S Forced Ezemption 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:
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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 sec.), 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.
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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
ATTEST:
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City of Pa Desert,' alifornia
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