HomeMy WebLinkAboutOrdinance #3986 ORDINANCE NO. 3986
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING A TEMPORARY MORATORIUM ON THE
CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY
EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY
OR EXCUSIVELY BY RESIDENTS OVER THE AGE OF
55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK
ALLOWING RESIDENTS OF ALL AGES AND DECLARING
THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY
WHEREAS,the lack of senior housing options in and around the City of Huntington
Beach(the "City") continues to create a serious problem for senior citizens living in the City that
will only increase with the aging of the community's population; and
Mobilehome parks represent one of a few affordable housing options left to senior
citizens that permit exclusive residence in a detached dwelling by those individuals over the age
of 55 years; and
As set forth in the Housing Element of the City's General Plan, an important goal for the
City is to preserve the existing senior housing stock which is represented in part by affordable
mobilehome housing; and
Mobilehome parks represent four percent of the City's housing stock. "Converting"
mobilehome parks from a"seniors only" to all ages parks would reduce the number of senior
housing units available to those persons 55 years of age and older; and
There are 18 mobilehome parks in the City, 10 of which are operating as senior
mobilehome parks; and
The 10 senior mobilehome parks represent approximately 1,539 spaces out of 2,951
spaces, or 52.15 percent of all of the mobilehome spaces in the City; and
Change from a"senior only"to an "all age" mobilehome park will unduly burden and
irreparably harm senior citizens within the community; and
The City Council of the City has determined that an urgency ordinance is necessary to
protect the public health, safety and welfare of the citizens of the City.
13-3865/100059.doc 1
Ordinance No. 3986
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Declaration of Urizency.
The City Council finds and declares:
1. The City's General Plan Housing Element includes policies and goals for the
protection of senior housing and development and establishes the City's objective to provide
sufficient housing for senior residents.
2. In 2009, the City of Yucaipa, California adopted an Ordinance which amended its
land-use plan by creating a Senior Mobilehome Park Overlay District. The Ordinance prohibits
any of the 22 mobilehome parks in Yucaipa that currently operate as senior housing (defined as a
park in which either 80 percent of the spaces are occupied by or intended for occupancy by at
least one person who is age 55 or older or 100 percent of the spaces are occupied by or intended
for occupancy by people who are age 62 or older), from converting to all-age housing.
Mobilehome park owners sued, alleging that the Ordinance violated the Federal Law (Fair
Housing Amendments Act (FHAA) by forcing them to discriminate on the basis of familial
status, and by interfering with their ability to "aid[ ] or encourage[ ]" families with children in
the enjoyment of fair housing rights, id. § 3617. Plaintiffs also argued that the ordinance was
preempted by the FHAA [Federal Law] because it required plaintiff to take action that the FHAA
prohibited.
3. In 2012, the Ninth Circuit Court of Appeals issued a ruling in Putnam Family
Partnership v. City of Yucaipa, ("Putnam") (2012) 673 F.3d 920, in which it determined that the
ordinance was not preempted and that the overlay district did not discriminate in housing on the
basis of familial status in violation of FHAA(if the federal senior housing exemption applies
(which it did in this case)), since the FHAA's ban on familial status discrimination does not apply
to "housing for older persons."
4. In light of this recent judicial decision, the City intends to develop new zoning
regulations relating to the preservation of senior mobilehome parks, which zoning regulations
include provisions relating to the location and age restrictions of such parks.
5. Based upon the current state of the law, if a temporary moratorium is not
established, existing senior mobilehome parks in the City could be eliminated.
6. There is a current and immediate threat to the public health, safety and welfare
arising from the lack of senior housing options for citizens aged 55 and older in and around the
City. The change from a "senior only" mobilehome park to an "all ages" mobilehome park will
reduce the number of housing units available to those persons 55 years of age and older. Further,
the announcement that the City is studying this issue and may develop a zoning ordinance
restricting the change of seniors only mobilehome parks has resulted in the owner(s) of
13-3865/100059.doc 2
Ordinance No. 3986
mobilehome park(s) pursuing conversions to all age mobilehome parks prior to any such
ordinance taking effect.1
6. Article XI, Section 7 of the California Constitution authorizes cities to adopt local
police, sanitary, and other ordinances not in conflict with general laws.
7. The California Legislature has authorized cities to provide zoning for "senior
only"mobilehome parks pursuant to Health and Safety Code §18300.
8. As discussed above, in Putnam, the California Court of Appeal has confirmed
previous California Attorney General opinion that such senior only zoning does not conflict with
the general prohibition against discrimination based upon age contained in California
Government Code §65008 (87 Cal. Ops. Atty. Gen. 148 (Oct. 20, 2004)).
9. The City currently does not have a "senior only" mobilehome park zoning
ordinance in place, but such a zoning ordinance may be needed in the immediate future to
preserve affordable housing options left to the City's senior citizens.
10. The City requires time to study and decide:
a. If such an ordinance is necessary to protect the public, health, safety and
welfare and provide adequate local senior housing for the community's aging population.
b. If such an ordinance would have any adverse effects upon the general
housing market and particularly the senior and low-income housing market in the City. Further,
whether any potential effects from the removal of a senior housing resource in the City constitute
a current and immediate threat to the public safety, health and welfare.
C. The extent City may regulate internal operations of mobilehome parks.
d. Given the harm to the community by the removal of senior only
mobilehome parks, this moratorium is being established to preserve the status quo to provide
time to seek clarification of the law, and permit City staff to develop appropriate regulations
consistent with the requirements of the law.
SECTION 2. Moratorium.
In order to protect the public health, safety and welfare and pursuant to the provisions of
Government Code §65858, a moratorium is hereby placed prohibiting the "conversion" of any
mobilehome park currently in existence in the City from a park where at least eighty percent
(80%) of the full-time residents are individuals aged fifty-five (55) years and older (a"senior
only" mobilehome park) to a mobilehome park accepting all ages of residents.
' Attached to this ordinance are two letters to residents of Rancho Huntington mobilehome park residents declaring
intent that the mobilehome park no longer restrict housing to older persons(55+).
13-3865/100059.doc 3
Ordinance No. 3986
SECTION 3. Exceptions.
This ordinance shall not apply to any undeveloped parcels of land or to any mobilehome
parks currently operating within the City where the number of full-time residents younger than
55 years of age comprise twenty-one percent (21%) or more of the total number of residents in
the mobile home park.
SECTION 4. Report.
Staff is directed to provide a written report to the City Council at least ten days prior to
the expiration of this ordinance, describing the study conducted of the local housing conditions
that led to the adoption of this ordinance in accordance with State law.
SECTION 5. Effective Date.
This ordinance is declared to be an urgency ordinance measure adopted pursuant to the
provisions of Government Code Section 65858. As set forth in the findings above, this
ordinance is necessary for preserving the public safety, peace, health and welfare of the
community. Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance
shall take effect immediately.
SECTION 6. Expiration.
This moratorium shall be of no further force or effect upon the expiration of forty-five
(45) days from the date of adoption, unless extended in accordance with California Government
§65858.
SECTION 7. Severability.
If any section, sentence, clause or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and adopted this ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Further, the
City Council hereby declares that this ordinance neither is intended to nor shall it impair the
obligation of existing contracts.
SECTION 8. Publication.
The City Clerk shall cause this ordinance to be posted in three places designated by City
Council pursuant to City Charter Section 500(c) and published by title with a brief summary at
least once within fifteen (15) days after its adoption in a newspaper of general circulation,
published in the County of Orange and circulated in the City, in accordance with Section 36933
of the California Government Code; shall certify to the adoption of this ordinance and shall
cause a certified copy of this ordinance, together with proof of publication, to be filed in the
Office of the Clerk of this City.
13-3865/100059.doc 4
Ordinance No. 3986
SECTION 9. CEQA Exemnton.
The City Council finds that, regarding the California Environmental Quality Act
(CEQA),there is no possibility that the adoption of this ordinance may have a significant adverse
effect on the environment(CEQA Guideline 15061 (b)(3)).
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5 t h day of August , 20 13 .
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Mayor
ATTEST: APPROVED AS TO FORM:
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City ClerkF�Citttorney 3
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REVIE - APPROVED: INITIATED AND APPROVED:
CPW,Vnaker Cit Attorney
13-3865/100059.doc 5
19361BROOKHURsTSTREET
HUNfINGTON BEACH,CALIFORNIA 92646
(714)962-7311
July 26,2013
FINAL NOTICE OF NEW RULES AND REGULATIONS
To All Resident(s):
- -- -
-Recently-aliresidents were advised-of a scheduled meeting to discuss proposed amendment Wterulesand regulations pursuantio-the Mobilehome- --
Residency Law(Civil Code§§798,et seq.). All residents were provided the opportunity to comment on the proposed change to the rules and regulations.We
want-to thank you for your input and comments. The new and final rule amendment is as follows:
AMENDMENT TO THE RULES AND REGULATIONS
THIS NOTICE IS PROVIDED TO EACH RESIDENT IN ACCORDANCE WITH THE MOBILEHOME RESIDENCY LAW AS A BINDING AMENDMENT TO
THE RULES AND REGULATIONS OF THE PARK.ALL EXISTING RULES REMAIN IN FORCE AND EFFECT EXCEPT WHICH ARE INCONSISTENT WITH
THE FOLLOWING AMENDMENT.THE RULES AND REGULATIONS ARE AMENDED BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS.:
ALL-AGE COMMUNITY: Housing provider is an"all age"community and welcomes families with children under the age of eighteen(18).This
housing provider has no intent to operate an'older persons"community and will no longer restrict housing to older persons(55+).At least one
tenant-must have the legal capacity to enter a contract.All rules and regulations which mandate or require adult supervision of minors in common
facilities;restkthours of.usage,.or bar access on the basis of age are rescinded.
FAIR HOUSING POLICY(REVISED):WE DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING
• o LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,COLOR,RELIGION,SEX,SEXUAL
a e ORIENTATION OR PREFERENCE,HANDICAP OR DISABILITY,AGE, FAMILIAL STATUS,SOURCE OF INCOME,NATIONAL
If T ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE
MANAGEMENT,HOMEOWNERS,RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO OWNER'S AGENTS,OR THE
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
MANAGEMENT WILL NOT AT ANYTIME UNLAWFULLY ADMINISTER.ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING
OR PROSPECTIVE TENANTS,RESIDENTS,OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS.NO SUCH
'UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED;
ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY SUSPECTED MAYBE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES
FOR PROSECUTION.
'Please be advised that all rules and regulations previously in effect and which are consistent with the amendment will continue to be effective and
in full force and effect.The new rule and regulation amendment will take effect in accordance with the applicable provisions of the Mobilehome Residency Law
(Civil Code§§798, et seq.). If you desire to provide any additional comments or should have any further questions regarding this amendment,you are
welcomed..and encouraged to contact the management.
Each individual resident has the unwaivable right and power to consent to the new rule and regulations amendment if desired.If you wish to consent
to the new rule and regulation amendment,it becomes effective at such time as you elect to consent to it.If you desire to consent in writing,you may execute
this notice in the space provided below and return the bottom portion of this notice to the park office.Otherwise,the new rule and regulation amendment takes
effect in s180.days(6 months)after service of this notice for homeowners who have not expressly agreed in writing.
Again,should there by any further questions or comments respecting this amendment or any matter regarding the rules or the park,please feel free
to contact the management.
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment.
Sinc ly, 1
Abe Am
Authorized Agen er
CONSENT TO RULE AND RE 4DMENT
I; . . space no. HEREBY CONSENT to the amendment of the rules and regulations set forth above.
Please return this page to the park office for our records.Thank you.
Dated:
RESIDENT SIGNATURE
Familial Status Protections:
• In 1988,Congress enacted the FHAA to proscribe"familial status"discrimination. "Familial status" is defined
as"one or more individuals(who have not attained the age of 18 years) being domiciled with ... a parent or
another person having legal custody of such individual or individuals." 42 U.S.C.§ 3602(k)(1). Specifically,
under the FHAA it is unlawful:
• (a)To refuse to sell or rent. . .because of...familial status....
• (b)To discriminate...in the... sale or rental_of a dwelling—because of_familial status.
• (c)To make, print,or publish. ...any preference,... based on ...familial status...
42 U.S.C.§3604.
Illegal to Interfere with Providing Familial Status Protections:
• Section 3617 of the FHAA:"jllt shall be unlawful to coerce,intimidate,threaten,or interfere with any
person in the
• exercise or enjoyment of, or on account of his having exercised or enjoyed,or on account of his having aided
or encouraged any other person in (familial status rightsl. 42 U.S.C. §3617.'
No "Interference"ALLOWED in Providing"Familial Status"
• U.S.v. Hayward (1992)805 F.Supp.810: Park owner filed HUD complaint.
• The United States then flied an action against Hayward.
• The Court: Hayward violated the FHAA by coercing and interfering with Park owner's efforts to rescind its
"older persons" rules and regulations.
Only Owner May Claim Intent To Operate
• Once park owner.institutes change to familial status,City cannot interfere.
• Hayward attempts to claim the exemption on behalf of the petitioners.This Court concludes that only owners
and managers may claim the exemption. . .
U.S. v. Mainlands
• Homeowners'association did not institute age-verification procedures adequately evidencing intent to
provide housing for persons 55 years or older prior to taking action against two homeowners with children,
• These six factors are: • (1)written rules and regulations; • (2)the manner in which the housing is described
to prospective residents, • (3)the nature of advertising; • (4) age verification procedures; • (5) lease
provisions;and • (6)the actual practices of the owner or manager in enforcing relevant lease provisions and
relevant rules and regulations.
Putnam v.Yucaipa:
• The City(cannot) ensure that the Overlay District meets the fairly rigorous statutory requirements of
maintaining an • eighty-percent senior population, • publishing and • adhering to policies, and • complying
with occupancy verification rules,see 42 U.S.C. §3607(b)(2)(C), and that the Overlay District does so
• in advance of engaging in what would otherwise be discriminatory conduct, (i.e.conduct which disqualifies
the park from OPH).
If Park does not qualify for OPH,cannot enforce:
The Act prohibits a housing provider from"coercing,intimidating,threatening or interfering with anyone in the
exercise or enjoyment of,or on account of his having exercised or enjoyed any right granted or protected by the
Act.42 U.S.C.Sec.3617.The Government asserts that Respondents retaliated against Joyce Verzi and Barbara
McDermott.. .
Yucaipa Does Not Apply to the Facts in R Huntington:
• The Park owner desires to and has in fact converted.
• The City has Failed to Act in Advance of the Conversion.
• It Would Constitute a Violation of§3617 of Federal law to coerce,intimidate or force park owner to
discriminate against children.
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714)962-7311
NOTICE OF AMENDMENT TO RENTAL AGREEMENT
July 16, 2013
Dear Residents:
This letter serves to provide notice of amendment to the rental agreement under which you reside in Rancho Huntington by the addition of
the covenant set forth below.You currently reside in the park at space 22 pursuant to a written rental agreement entered into on
February 14 , 2005 .
Management has no further intention of enforcement of"older persons"housing regulations.The rental agreement is amended, by this
notice as provided by Civil Code§827 amendment of periodic tenancies),to comply with the federal housing mandate entitled"Federal
Fair Housing Amendments Act of 1988,'which guarantees the right of"familial status,"which includes the right of persons of all ages to
occupy mobilehomes in the park.This means that all residents are afforded the opportunity to allow the grandchildren to move in, extended
families to share housing in these difficult economic times and allows residents to sell their homes to persons without regard to age
restrictions.All persons intending on sale of their homes should make full disclosure of this amendment to all prospective purchasers.
AMENDMENT TO THE RENTAL AGREEMENT
THIS NOTICE IS PROVIDED IN ACCORDANCE WITH CALIFORNIA LAW AS A BINDING AMENDMENT TO THE RENTAL
AGREEMENT. THE RENTAL AGREEMENT IS HEREBY AMENDED BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS:
FAIR HOUSING POLICY OF RANCHO HUNTINGTON (REVISED) IS AS FOLLOWS: WE DO BUSINESS IN
ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION SEX SEXUAL
ORIENTATION OR PREFERENCE HANDICAP OR DISABILITY FAMILIAL STATUS SORCE 0P INCOME
NATIONAL ORIGIN, ANCESTRY OR F6R ARBITRARY REASONS UNDER STATE LAIN a DISCRIMINATOWY
ACTIONS OF THE MANAGEMENT, HOMEOWNERS RESIDENTS GUESTS OR OTHERS MAY BE REPORTED TO
OWNER'S AGENTS OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF
HOUSING AND UREAN DEVELOPMENT. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER,
ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE TENANTS,
RESIDENTS OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO
SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE
COMMUNITY OR OTHERWISE IS PERMITTED- ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY
SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES FOR PROSECUTION:
"ALL-AGE COMMUNITY: Rancho Huntington has no intent to operate as an "older persons" community and absent such legal
requirement for operation of"older persons housing'can no longer enforce an"older persons" housing restriction.The Park is therefore, by
law, required to immediately comply with "familial status" protections of federal and state law. Accordingly, the park is an "all-age"
mobilehome park with no minimum age requirements for tenancy and residency.At least one tenant must have the legal capacity to enter
a contract. ALL PERSONS MAY RESIDE IN THE PARK WITHOUT RESPECT TO AND NOT CONDITIONED UPON OR RESTRICTED
BY FAMILIAL STATUS OR AGE IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988. THE
FOREGOING AMENDMENT IS FINAL."
"Speedy Dispute Resolution: To resolve disputes quickly and inexpensively with lessee or lessor, we agree to arbitrate our
differences before an impartial arbiter(per the FAA*)we jointly select from a list supplied from an alternate dispute resolution organization
such as the AAA**within 10 days after one side gives written notice of an arbitrable dispute. If a dispute arises with respect to any terms or
provisions of tenancy,with the exception of actions in unlawful detainer,forcible detainer,foreclosure,small claims court or injunctive relief,
the arbiter will decide all aspects of the dispute, including arbitrability and enforceability of this clause. "Disputes" include rent adjustments
or fees, legal compliance in park operation, and park repair and maintenance. AAA** Commercial Rules will apply, and available at
www.adr.org,choose"rules and procedures," choose"rules," scroll down to"commercial arbitration rules and media ion procedures-. . ." A
copy is also on file in the office. No joinder or consolidation or class actions allowed. Arbiter to decide issues under FAA, shall split costs
evenly and decide arbitrability, all within 120 days of selection. Costs to be awarded to the prevailing parry; no attorney's fees to either
side. Discovery permitted as per Federal Rules of Civil Procedure."
"*"FAA" refers to the"Federal Arbitration Act." **"AAA" refers to the"American Arbitration Association.""
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment.
Sincerely,
Authorized Agent of the Owner
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714) 962-7311
July 16, 2013
To All Residents at Rancho Huntington Mobile Home Estates,
At last night's City Council meeting,the council directed the City Attorney to draft a moratorium
to be adopted at the next City Council meeting prohibiting existing senior manufactured home
communities from changing to all age communities.
While we previously had no intention of changing the current senior status at Rancho
Huntington, upon the advice of our attorney we are now moving forward and providing legal
notice that we are changing our status to an all age park to protect our property rights. Please
understand that this is not something we desire; however, the actions by the City Council have
forced us to take this action to preserve our legal rights as property owners. We will dialogue
with you and City representatives at any time, as we stated last night.
OFFER OF COMPROMISE: Further, we will be proposing, as an offer of compromise to the
City Council, that we consider an agreement to preserve senior status at Rancho Huntington for a
fixed period of time while the HOA and management pursue a long term lease with covenants
that protect the interests of the residents and management, including a senior community with
terms that make sense (in lieu of inflexible terms forced on us by government). This makes any
ordinance unnecessary. This proposal is not a release or cancellation of the enclosed notices.
We feel that an agreement between residents and management is much more preferable than a
long, drawn out legal battle with outsiders making decisions affecting your future. We look
forward to meeting with you soon!
Sincerely,
Authorized Agent of the Owner
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKIIURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714)962-7311
July 16, 2013
NOTICE OF AMENDMENT TO RULES AND REGULATIONS
Dear Residents:
This letter serves to provide notice of a meeting regarding the amendment of the rules and regulations. The amendment provides for a
fair housing policy consistent with the Federal Fair Housing Amendments Act of 1988 and implementing regulations. Accordingly, all
provisions restricting residency to "older persons" (55 years of age and more) as currently set forth in the rules and regulations are
deleted.
All residents are entitled to meet and offer their comments to the amendment. You are invited to attend a meeting to discuss the
amendment to be held at the clubhouse at 10:00 A.M. o'clock,July 26, 2013. Everyone is invited to comment and ask all questions, Of
course, you are not obligated to attend.And, you are free to provide us your written comments at any time, before and after the meeting
for your convenience. If the time set forth above is inconvenient and you desire to meet at a different time, please advise so we may
informally accommodate you,
You are free to consent to the amendment by the terms of the Mobilehome Residency Law (Civil Code §§798, et seq.) ("MRL"), by
returning a signed copy of the amendment. We advise you that this amendment is the final text, and is enforceable only as effectuated
and defined by the MRL.
Please feel free to contact management if you have any questions or comments.
AMENDMENT TO THE RULES AND REGULATIONS
THIS NOTICE IS PROVIDED TO EACH RESIDENT IN ACCORDANCE WITH THE MOBILEHOME RESIDENCY LAW AS A BINDING
AMENDMENT TO THE RULES AND REGULATIONS OF THE PARK. ALL EXISTING RULES REMAIN IN FORCE AND EFFECT
EXCEPT WHICH ARE INCONSISTENT WITH THE FOLLOWING AMENDMENT, THE RULES AND REGULATIONS ARE AMENDED
BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AS FOLLOWS:
ALL-AGE COMMUNITY: Housing provider is an"all age"community and welcomes families with children under the age of eighteen (18).
This housing provider has no intent to operate an "older persons" community and will no longer restrict housing to older persons (55+).
At least one tenant must have the legal capacity to enter a contract.All rules and regulations which mandate or require adult supervision
of minors in common facilities,restrict hours of usage,or bar access on the basis of age are rescinded.
FAIR HOUSING POLICY (REVISED): WE DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR
HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
opPOPIUXI IY pL ROUSING RELIGION, SEX, SEXUAL ORIENTATION OR PREFERENCE, HANDICAP OR DISABILITY, AGE, FAMILIAL STATUS,
O P
SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW -
DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED
TO OWNER'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY
PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE TENANTS, RESIDENTS, OR GUESTS BASED ON ANY
PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH. UNLAWFUL ACTIVITY BY OTHER PERSONS
WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL
DISCRIMINATION KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT
AUTHORITIES FOR PROSECUTION.
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment.
Sincerely,
Authorized Agent of the Owner
Urgency Ord. No. 3986
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on August 5,2013 and was passed and
adopted by at least five affirmative votes of said City Council.
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw Katapodis
NOES: Harper
ABSENT: None
ABSTAIN: None
I,JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
August;T,2013
In accordance with the City Charter of said City Cl °Clerk and ex-offlclo C Tk
Joan L. Flynn. City Clerk of the City Council of the City
9� Deputy City Clerk of Huntington Beach, California