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HomeMy WebLinkAboutMobilehome Parks - Miscellaneous Records Regarding Rent - Re (12) 04/03/00 —Councilhency Agenda - Page 12 H. City Council/Redevelopment Agency Items H-1. Deleted H-2. Deleted H-3. Submitted By Councilmember Dave Sullivan (City Council) Mobile Home Rent Stabilization —Approve Employment Of Consultant (430.60) Communication from Councilmember Sullivan submitting the following Statement of Issue: For years mobile home residents have informed the Council of what they perceive to be excessive rent increases. The Council should determine whether or not a rent stabilization ordinance is needed. Recommended Action: Motion to: Direct staff to hire a consultant to perform the following tasks to help the Council determine whether a rent stabilization ordinance is needed: [Approved as amended 5-0-2 (Julien, Garofalo Absent)] (1) Obtain vaGaRGy rate (pads and URE)GCUpoed units) of mobile home parks through Huntington Beach and by park. (2) Obtain the rental rates Gf mobile home parks within HURtington Beach and what amenities are included in the rental rate (3) DE)GUment the history of rent inGrease of mobile home parks for the entire city and-by park since 1990 (compare tp the Consumer Drire Index (CPI) increases over the same number of dears (4) Document all assistance pr to mobile home residents, for rent and utilities, and the number and percentage of mobile home owners who are using these programs in H untingtgn Reach (5) Determine how many homes have been on the market for three months or longer. 1, Obtain vacancy rate (pads and unoccupied units) of mobile home parks throughout Huntington Beach and by park. 2. Determine how many homes have been on the market for 3 months or longer. 3. Obtain the rental rates of mobile home parks within Huntington Beach and what amenities are included in the rental rate (including utilities, facilities, location density, etc.). (Continued on Next Page) (13) 04/03/00— Council-,,gency Agenda - Page 13 4. Document the history of rent increase of mobile home parks for the entire city and by park since 1990. Compare to the Consumer Price Index (CPI) increases over the same number of years. 5. Determine the "total housing costs' for mobile homes throughout the city and by park, showing dollar amount with and without mortgage payments (This should by the average for each mobile home park). Total housing costs are defined as the pad rental, mortgage payments, if any, water and sewer fees, and electricity and, or gas fees, and any and other fees that may be charged by the mobile home park owners. 6. Conduct a census of the age and income of the residents of all mobile home parks throughout the city, by park. 7. Document all assistance programs available to mobile home residents, for rent and utilities, and the number and percentage of mobile home owners that are using these programs in Huntington Beach. 8. Document the number of mobile homes foreclosed, sold (prices), abandoned, sales in lieu of foreclosure or rented by mobile home park and throughout the city since 1990. Compare to single family home foreclosures using same criteria. 9. Document the number and percentage of long term leases (one year) by park. 10. Determine the number of mobile home residents by park whose Huntington Beach mobile home is not their primary residence. Council Comments - (Not Agendized) At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda. N - c4i cmk l -P Z .so CITY OF HUNTINGTON BEACH } CITY COUNCIL COMMUNICATION TO: Honorable Mayor and City Council Members FROM: Dave Sullivan, City Council Member co DATE: March 28, 2000 �' SUBJECT: "H"Item for the April 3, 2000, City Council Meeting Mobile Home Rent Stabilization � STATEMENT OF ISSUE: 1 (duQ$,t tA) G AAjF,�/o MS t- For years, mobile home residents have informed the Council of what they perceive to be excessive rent increases. The Council should determine whether or not a rent stabilization ordinance is needed. RECOMMENDED ACTION: Direct staff to hire a consultant to perform the following tasks to help the Council determine whether a rent stabilization ordinance is needed: 1. - - 2. 3. park sinGe 199- to the Consumer.P;iae Index((;PI4 inGrenses ever-th 4. , El PfegfafflS-,-.-jLLjfttingtort Beach. 5. Determine how many homes have been on the market for three months or longer. DS:lp xc: Connie Brockway Ray Silver Melanie Fallon Attachment s - 3 CONSULTANT SCOPE OF WORK August 10, 1999 1. Obtain vacancy rate (pads and unoccupied units) of mobile home parks throughout Huntington Beach and by park. 2. fer__the past 12 Fnenthn fGr tho 6Rtiro r•it y and by park 3. Obtain the rental rates of mobile home parks within Huntington Beach and what amenities are included in the rental rate (including utilities, facilities, location density, etc.). 4. Document the history of rent increase of mobile home parks for the entire city and by park since 1990. Compare to the Consumer Price Index (CPI) increases over the same number of years. 5. Determine the "total housing costs" for mobile homes throughout the city and by park, showing dollar amount with and without mortgage payments (This should be the average for each mobile home park). Total housing costs are defined as the pad rental, mortgage payments, if any, water and sewer fees, and electricity and, or gas fees, and any and other fees that may be charged by the mobile home park owners. 6. Conduct a census of the age and income of the residents of all mobile home parks throughout the city, by park. 7. Document all assistance programs available to mobile home residents, for rent and utilities, and the number and percentage of mobile home owners that are using these programs in Huntington Beach. 8. Document the number of mobile homes foreclosed, sold (prices), abandoned, sales in lieu of foreclosure or rented by mobile home park and throughout the city since 1990. Compare to single family home foreclosures using same criteria. 9. Document the number and percentage of long term leases (one year) by park. 10. Determine the number of mobile home residents by park whose Huntington Beach mobile home is not their primary residence CITY OF HUNTINGTON BEACH HUNTINGTON BEACH CITY COUNCIL COMMUNICATION TO: Honorable Mayor and City Council '14.1 FROM: Dave Sullivan, City Council Membere DATE: September 14, 1999 SUBJECT: "H"Item for the September 20, 1999 City Council Meeting Oceanview I Mobile Home Park STATEMENT OF ISSUE: The City Council should be aware of the costs involved in the City's operation of the Oceanview I Mobile Home Park. The information is not easily available from an examination or the City Budget. RECOMMENDED ACTION: Direct staff to issue a report to the City Council by November 20, 1999, detailing the operational,costs for the Oceanview I Mobile Home Park, as well as the rental income and the history of rental increases. DS:rl xc: Connie Brockway, City Clerk Ray Silver, City Administrator Melanie Fallon, Assistant City Administrator tD� 665 ?/l9/�I q e/C ee�i�� 4 15 FOE CITY OF HUNTINGTON BEACH HUNTINGTON BEACH CITY COUNCIL COMMUNICATION TO: Honorable Mayor and City Council Members FROM: Dave Garofalo, Mayor Pro Tem DATE: July 13, 1999 cm• .� SUBJECT: `H' Item for the July 19, 1999, City Council Meeting Mobile Home Park Lease Land Holdings , ,. ISSUE: > Housing, Lifestyle issues, and affordability;they seem to be concerns regardless of the city, county, or region. There is no difference in Huntington Beach. How"we" supply answers to some of those issues is a collective concept. At times the marketplace, individual leadership, and activism sometimes answers the call. Several years ago, it was my pleasure to recommend to the Council that we participate in a loan program to the homeowners association of the Huntington Harbour Mobil Home Estates. This was to enable them to move forward with a survey, conduct an appraisal, and ultimately vote to acquire the park lease land holdings themselves. They did, and the escrow is about to close and some 150-park residents will become managers of their own destiny in the areas of housing, affordability, and quality of life issues. Most important, they do not owe us any money. MOTION: 1. Recomm d a cit ,�;roclamat"in o nizi tt}h, 1 adership� �th tho-pnrk0 own�an°d e re�den s o Iuon ar our�ile io�V states i pursuit of their collective goals. APP"V6D PrS AMe- )Deo (o-O--1 Suli�Yldhsen-t� 2. Recommend to direct staff again to further research the option of tenant acquisition of their mobilehome park sites to make this tool more understandable, applicable, etc. to our residents who desire such a rogram. Amd Arl s a bYi n� +0 +Kc o-+� en+"ian of Aye, M o b I Ie hones 14i'"i Commi ee . DG:Ip APPro va As A-mem&o G-0-1 JI) w abury xc: Connie Brockway, City Clerk Ray Silver, City Administrator Melanie Fallon, Assistant City Administrator °Aa CITY OF HUNTINGTON BEACH InterOffice Communication Economic Development Department TO: Honorable Mayor and City Council Members FROM: Councilmember Dave Garofalo DATE: July 10, 1998 SUBJECT: H ITEM REGARDING MOBILE HOME PARKS AS AFFORDABLE HOUSING In my capacity as Chairperson of the Council's Economic Planning Committee, I recently asked staff for an update on their efforts to assist in the preservation of mobile home parks as an affordable housing asset. The City's options in this regard, and a summary of the current efforts in this area, were outlined to the City Council in the attached memorandum dated June 9, 1998, from the Economic Development Director. I wholeheartedly endorse the concept of preserving this element of our affordable housing stock, and believe that acquisition of mobile home parks by a non-profit housing development partner is the best way to ensure long-term affordability. Given the Council's past support for the development of a range of affordable housing choices in the City, I would propose that we formally reinforce our desire to pursue opportunities in regard to the purchase of mobile home parks. As such, I would offer the following motion for your consideration: Direct the City Administrator to continue staff efforts to identify a mobile home park for acquisition with a non-profit partner as an affordable housing demonstration project. t� CITY OF HUNTINGTON BEACH IJ E C . ;r:. :..:. .. O TO: Honorable Mayor and Council Members FROM: David Biggs, Director of Economic Development VIA: Ray Silver, City Administrator DATE: June 9, 1998 SUBJECT: Mobile Home Park Purchase as Affordable Housing Opportunities Recently, Councilmember Garofalo approached staff regarding the desirability of making better use of the City's mobile home parks as part of our affordable housing stock. The purpose of this memo is to update the City Council on actions that have taken place since the inquiry was made if mobile homes parks could be purchased to fill some of the requirements of affordable housing. In addition,we will outline how our Housing Rehab Loan Program works to preserve mobile homes as an important element of our affordable housing stock. In regards to the purchase of mobile home parks as a means to preserve their affordability,there are three primary options: 1. The City or Redevelopment Agency could purchase mobile home parks and become the operator and landlord; , 2. A non-profit housing corporation can purchase a mobile home park and become the operator and landlord; 3. The mobile home park tenants (coach owners) form a cooperative or other legal entity and purchase a mobile home park from their landlord. i Mobile Home Purchase for Affordable Housing Memo to Mayor and City Council Page 2 June 9, 1998 For a variety of reasons, we believe that option 2 is the best course for the City to pursue, followed by option 3 when the circumstances are right. The City's main role would be to provide funding to a non-profit to acquire a mobile home park, with the goal of bringing in outside sources to leverage the City's investment. A non-profit can then apply its management expertise to efficiently operate the park for the benefit of the tenants. In the case of option 3, the City's role would mainly be providing technical assistance. In some circumstances,the City may be in a position to assist certain income qualified tenants to participate in a mobile home park tenant cooperative acquisition of a park. It is important to note that the source of funds which the City or Agency may apply to these efforts come with considerable restrictions and rules regarding income limitations, resale restrictions, and the like. This is why the expertise of a non-profit corporation would be invaluable to allowing such an endeavor to move forward. Outlined below is a brief update on our efforts in these areas. Staff has been in contact with the following non-profit housing corporations to see what the likelihood would be for mobile home park acquisition: Jamboree Housing Among those we have worked with in the past is Jamboree Housing, a non-profit entity that purchased a mobile home park in Irvine. We solicited the help of Lila Lieberthal, its Executive Director,to contact Mr. Hexberg,the owner of that park. Since he also owns two parks in Huntington Beach, we wanted to pursue possibility of his selling these parks to Jamboree Housing. He declined the offer because he plans to give them as an inheritance to his children. Southern California Housing Development Corporation This non-profit organization has been in contact with the City on other issues,but appeared very interested when approached with the subject of a mobile home park as affordable housing. The non-profit is presently working with other cities on such projects. We furnished the corporation with information on other mobile home park owners who might be willing to sell to Southern California Housing. There is one tenant cooperative purchase in the works: The Huntington Harbour Mobile Home Estates The Huntington Harbour Mobile Home Estates is presently in escrow with the residents of the park as the purchasers. They are buying the lease and not the G:bruenind/memo/Mhafford.doc DCB:DEB:Ie Mobile Home Purchase for Affordable Housing Memo to Mayor and City Council Page 3 June 9, 1998 property, from Les Frame, the present park management company. The Phelps Family owns the property and is not interested in selling. There are still some studies that need to be completed prior to escrow closing, which is projected to close in June 1998. Staff has provided some limited technical assistance to park residents in regard to this acquisition. The Housing Rehabilitation Loan Program has had an emphasis on the mobile home community. Housing Rehabilitation Loan Program The Housing Rehabilitation Loan Program has been very active in the mobile home community. The City offers two types of loans to the residents: 1) a Deferred Payment Loan (DPL) for the very low income persons and 2) a Below Market Rate Interest(BMRI) loan for low income residents. The program provides up to $10,000 for the DPL and $15,000 for the BMRI for repair of Mobile home that are occupied by very low and lower income persons. The loan is a lien against the mobile home, and is repaid in the case of DPL, when the property is sold or if title is transferred; and in case of the BMRI,the loan is a 3% amortized loan payable over a maximum of 15 years. Types of improvements are health, safety, structural, and energy saving repairs to the home. Plumbing, heating,roofing, foundation, wiring, structural, fumigation and insulation repairs and improvements are examples of work that can be completed. We typically process between 10 and 14 loans for mobile homes each year. We will keep the Council informed if any opportunities present themselves for the possibility of a non-profit housing corporation purchasing a park and our other activities related to the mobile home community. Should you have any questions, please contact either me at ext. 5909, or Dan Bruening of my staff at ext. 5901. G:bruen ind/memo/Mhafford.doc DCB:DEB:Ie DANA ROHRABACHER /Z s _ Gam`,, COMMITTEES: 45TH DISTRICT,CALIFORNIA + '` /��4� SCIENCE CHAIRMAN,SUBCOMMITTEE ON WASHINGTON OFFICE: ' ENERGY AND ENVIRONMENT Vr���4NSUBCOMMITTEE ON SPACE 2338 RAYBURN HOUSE OFFICE BUILDING �/ WASHINGTON,DC 20515-0545 INTERNATIONAL RELATIONS (202)225-2415 FAX:(202)225-0145 Congregg of the Uniteb *tatez SUBCOMMITTEE ON ASIA AND THE PACIFIC SUBCOMMITTEE ON INTERNATIONAL DISTRICT OFFICE' ECONOMIC POLICY AND TRADE 16162 BEACH BOULEVARD,SUITE 304 Aouge of Aepreantatibeg HUNTINGTON BEACH,CA 92647-3813 (714)847-2433 FAX:(714)847-5153 Irn tCM ai September 19 , 1995 -4 -1L s' r- Ms . Connie Brockway City Clerk r City of Huntington Beach 2000 Main Street Huntington Beach, California 92648-2763 Dear Ms . Brockway: I received your letter regarding Resolution 6574, and the copy of the resolution. I appreciate your including me on your mailing list . Sincerely, Dana Rohrabacher Member of Congress DR: lj i s September 5, 1995 City of Upland Sheryll Schroeder, City Clerk 460 N. Euclid Avenue Upland, CA 91786 The City Council of the City of Huntington Beach at their meeting held March 7, 1994 adopted Resolution No. 6574 expressing opposition to a statewide initiative on Mobile Home Rental Assistance. Enclosed is a copy of Resolution No. 6574 for your records. If you have any questions regarding this matter please call the Office of the City Clerk (714) 536-5227. Thank you. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk Enclosure G/95cbmem/95-142kw REQUEST FOR COUNCIL AG tION November 7, 1994 Submitted to: Honorable Mayor & City Council Member Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Mike Adams, Director of Special Projec APPROVED BY CITY COUNCIL Subject: Mobile Home Survey ��� 7 199f Request for Proposal r Consistent with Council Policy? [ ] Yes [ ] New Policy c rcL. x Statement of Issue, Recommendation, Analysis, Funding Source, Alternate Actions, &Attachments STATEMENT OF ISSUE: The Mobile Home Review Committee requested that the Council authorized the preparation of a Request for Proposal (RFP) for a polling service to conduct a mobile home survey. RECOMMENDATION: Motion to "Approve and distribute the RFP to qualified consultants." ANALYSIS: On October 17, 1994, Council authorized the preparation of an RFP to conduct a mobile home survey. The Mobile Home Review Committee requested that staff be authorized to prepare and distribute a request for qualifications to various polling firms for the purpose of conducting a mobile home survey. The Mobile Home Review Committee has explored a number of approaches to obtain as much information as possible on mobile home issues. In the effort of fact finding, it has become clear to the Committee that there is a need to hear directly form the mobile home residents. In order to best accomplish this, the Committee felt that a mobile home survey should be conducted by a professional polling and research firm. In August, the Mobile Home Review Committee met with representatives of three research firms to become familiar with their unique services. Two firms (Lawrence Research and Decision Research) sent representatives and a third firm (Price Research) sent literature. The Committee would like to participate in the selection process. FUNDING SOURCE: The city's General Fund. PAGE 2 ALTERNATE ACTIONS: Direct staff to provide Council with an alternative action. ATTACHMENTS: 1. Request for Proposal for Mobile Home Survey. 2. RCA dated 10/17/94. MA:1 p REQUEST FOR PROPOSAL City of Huntington Beach Mobile Home Residents Survey SUBJECT: Request for Proposal The City of Huntington Beach is pleased to announce that it is seeking the services of a polling firm to prepare and conduct a survey of mobile home residents. The city seeks a qualified consultant who has the ability to develop a high-quality survey and to obtain clear and precise answers to help direct the city on mobile home matters. The selected consultant must work cooperatively with the city and the Mobile Home Review Committee in designing and preparing the survey questions. The city will select and enter into a contract for services with the successful consultant for the project,based on qualifications and extent of proposal. The consultant selected will also be expected to work with city staff. Of primary importance in the selection of the consultant,will be the overall qualifications in conducting surveys and in the over all time frame necessary to prepare and conduct the survey. Each proposal to be considered must be delivered to and received no later than 4:00 p.m.,on November 28, 1994, 2000 Main Street,Huntington Beach, California 92648, attention: Michael Adams. Supplementary material and revisions will be accepted until the closing date. The city reserves the right to reject any or all proposals and to waive any irregularities in any proposal. All inquiries should be directed to Special Projects Director, City of Huntington Beach, 2000 Main Street,P.O. Box 190, Huntington Beach, California 92648, (714) 536-5265. MA:lp PROPOSAL FOR SURVEY RESEARCH FOR THE CITY OF HUNTINGTON BEACH APPROACH To meet the goals and objectives of the mobile home survey for the City of Huntington Beach, random telephone interviews of approximately 15 minutes each consisting of 40 questions needs to be prepared and completed. The random telephone survey should include approximately 400 mobile home park residents in all nineteen of the city's parks (approximately 10%of the total mobile home population). These random interviews will insure that fair cross-section of mobile home residents have been contacted. The cost for questionnaire preparation,conducting the survey,and post survey analysis should not exceed $10,000 and should be completed within four to six weeks. PROJECT OBJECTIVES The survey must provide a detailed research design and methodology. The selected consultant will work with city staff and the Mobile Home Review Committee to prepare a survey questionnaire and sample selection. The survey objectives are the following: 1. Identify the attitudes of mobile home park residents on a variety of issues. 2. Determine the level of communication between mobile home park residents and mobile home parks owners. 3. Identify the major issues and concerns of mobile home park residents. The consultant should consider the following: 1. Survey question order,content,format,and length. 2. A randomly drawn sample which reflects the population characteristics of mobile home park residents. 3. The use of trained survey personnel,and supervision of the interviewing process. The survey questionnaire should do the following: • Prepare questions which adequately cover all important phases of the survey. • Provide a questionnaire format which flows smoothly. • Include questions which stimulate respondent cooperation. • Avoid questions with ambiguous wording. • Ask questions which are relevant,interesting,easy to answer,and applicable to mobile home residents. REQUEST FOR COUNCIL AC ON October 17, 1994 Submitted to: Honorable Mayor & City Council Me ber Submitted by: Michael T. Uberuaga, City Administrato t Cam_ Prepared by: Mike Adams, Director of Special Project Subject: Mobile Home Review Committee Request Funding for Mobile Home Survey Consistent with Council Policy? [ ] Yes [ ] New Policy Statement of Issue, Recommendation, Analysis, Funding Source,Alternate Actions, &Attachments STATEMENT OF ISSUE: The Mobile Home Review Committee has requested that Council consider authorizing and funding a mobile home survey to the be conducted by a professional polling and research firm. .-RECOMMENDATION: Staff is seeking Council direction on this Mobile Home Review Committee's request for funding and conducting a mobile home survey. ANALYSIS: The Mobile Home Review Committee has been meeting monthly since the Council appointments in December of last year. The Committee has explored a number of approaches to obtain as much information as possible on mobile home issues. In the effort of fact finding, it has become clear to the Committee that there is a need to hear directly from the mobile home residents. In order to best accomplish this, the Committee is recommending that a mobile home survey be conducted by a professional polling and research firm. In August, the Mobile Home Review Committee met with representatives of three research firms to become familiar with their unique services. The cost for these services will be between $10,000 and $15,000. The Mobile Home Review Committee is requesting the Council appropriate funding sufficient to retain the services of a professional research firm and authorize staff to prepare and execute a contract for services. The Committee is requesting that staff be authorized to prepare and distribute a request for qualification to various polling firms. The Committee would like to participate in this process in what ever way the Council deems appropriate. PAGE 2 FUNDING SOURCE: The city's general fund. ALTERNATE ACTIONS: Deny the request and propose an alternative approach. ATTACHMENTS: 1. Letter to the Mayor dated September 22, 1994 from the Chairman of the Mobile Home Review Committee. MA:lp Attachment PAGE 2 FUNDING SOURCE: The city's general fund. ALTERNATE ACTIONS: Deny the request and propose an alternative approach. ATTACHMENTS: 1. Letter to the Mayor dated September 22, 1994 from the Chairman of the Mobile Home Review Committee. MA:lp Attachment , REQuEST FOR COUNCIL AION October 17, 1994 Submitted to: Honorable Mayor & City Council Me ber Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Mike Adams, Director of Special Project�tj APPROVED BY CITY COUNCIL �� —/� Subject: Mobile Home Review Committee � 19 W Request Funding for Mobile Home Survey ' cnY Consistent with Council Policy? [ ] Yes [ ] New Policy Statement of Issue, Recommendation, Analysis, Funding Source, Alternate Actions, &Attachments STATEMENT OF ISSUE: The Mobile Home Review Committee has requested that Council consider authorizing and funding a mobile home survey to the be conducted by a professional polling and research firm. RECOMMENDATION: Staff is seeking Council direction on this Mobile Home Review Committee's request for funding and conducting a mobile home survey. ANALYSIS: The Mobile Home Review Committee has been meeting monthly since the Council appointments in December of last year. The Committee has explored a number of approaches to obtain as much information as possible on mobile home issues. In the effort of fact finding, it has become clear to the Committee that there is a need to hear directly from the mobile home residents. In order to best accomplish this, the Committee is recommending that a mobile home survey be conducted by a professional polling and research firm. In August, the Mobile Home Review Committee met with representatives of three research firms to become familiar with their unique services. The cost for these services will be between $10,000 and $15,000. The Mobile Home Review Committee is requesting the Council appropriate funding sufficient to retain the services of a professional research firm and authorize staff to prepare and execute a contract for services. The Committee is requesting that staff be authorized to prepare and distribute a request for qualification to various polling firms. The Committee would like to participate in this process in what ever way the Council deems appropriate. PAGE 2 FUNDING SOURCE: The city's general fund. ALTERNATE ACTIONS: Deny the request and propose an alternative approach. ATTACHMENTS: 1. Letter to the Mayor dated September 22, 1994 from the Chairman of the Mobile Home Review Committee. MA:I p Attachment City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR SPECIAL PROJECTS DIVISION DIRECTOR 536-5265 HOUSING 536-5279 September 22, 1994 Mayor Linda Moulton-Patterson City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Linda: As you know,the Mobile Home Review Committee has been meeting monthly since the Council appointments in December of last year. The Committee has explored a number of approaches to obtain as much information as possible on mobile home issues. In the,effort of fact finding, it has become clear to the Committee that there is a need to hear directly from the mobile home residents. In order to best accomplish this,the committee is recommending that a mobile home survey be conducted by a professional polling and research firm. The Mobile Home Review Committee has met with representatives of three research firms to become familiar with their unique services and how the city can take advantage of them. The cost for these services will be between$10,000 and$15,000. The Mobile Home Review Committee is requesting the Council appropriate funding sufficient to retain the services of a professional research firm and authorize staff to prepare and execute a contract for services. Thank you for your consideration in this matter. If you have any questions or concerns,please contact me or any other member of the Mobile Home Review Committee. Sincerely, Mark Porter Chairman Huntington Beach Mobile Home Review Committee MA:MP:lp REQUEST FOR COUNCIL ACTION i I-A . March 7, 1994' Submitted to: Honorable Mayor & City Council Member C,� u �� Submitted by: Michael T. Uberuaga, City Administrato -lam' � z Prepared by: Mike Adams, Director of Special Projects ''" Subject: Resolution No. 57 - ' City Position on an Initiative in Circulation Entitled "Mobile I tome F' Fairness and Rental Assistance Act Ile W, Consistent with Council Policy? [ ] Yes [ ] New Policy v , _ r'�I(:I1L Statement of Issue, Recommendation, Analysis, Funding Source, Alternate Actions, &Atti"nts Wf a-il STATEMENT OF ISSUE: FrYCL K , Sandra Cole, one of the director's of the Huntington Beach Mobile Homeowner's Association, requested that the City Council approve a resolution expressing opposition to a statewide initiative on mobile home rental assistance. RECOMMENDATION: Motion to: Approve and forward to the state legislature Resolution No. 6S1 stating the city's opposition to a state initiative titled "Mobile Home Fairness and Rental Assistance Act." ANALYSIS: At the February 27, 1994 City Council meeting, Sandra expressed concern that an initiative was currently in circulation which was misleading with regard to mobile home rental assistance. She stated that the initiative, proposed by mobile home park owners, is an attempt to be placed on the November ballot. Ms Cole's analysis of the initiative indicates that the intended results will not be of any assistance to mobile home owners. She further indicated that the true intent of the initiative is to prohibit any city or county from passing a rent control ordinance for mobile home parks. Staff has reviewed the "Mobile Home Fairness and Rental Assistance Act" initiative and have the following comments. The initiative does state that the intended purpose is to assist tenants of mobile home spaces that are poor and in urgent need of rental assistance. It further states that this assistance will PAGE 2 be accomplished without delays, expense, or red tape which the government usually requires in the administration of rental assistance programs. A lot of detail is contained in the initiative explaining a tenant rental assistance program which uses provisions of the HUD Section 8 program. The provisions of this program are available to many of these tenants already. The main focus of the initiative is truly to limit local jurisdiction's ability to adopt individual rent control ordinances. This issue alone is sufficient cause for the Council to consider opposition to the initiative. The League of California Cities has always been in opposition to statewide efforts which impact local authority. Therefore, staff recommends opposition to the "Mobile Home Fairness and Rental Assistance Act." FUNDING SOURCE: N/A ALTERNATE ACTIONS: Motion to: Continue action on Resolution No. stating the city's opposition to a state initiative titled "Mobile Home Fairness and Rental Assistance Act" until additional information can be obtained. ATTACHMENTS: 1. Resolution No. 2. League of California Cities analysis 3. Sandra Cole's Memorandum dated February 21, 1994 MA:lp RESOLUTION NO. 6574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE STATEWIDE INITIATIVE ON MOBILE HOME RENT ASSISTANCE. MOBILE HOME RENT CONTROL RESTRICTIONS. INITIATIVE STATUTE. WHEREAS, mobile home owners in the City of Huntington Beach are primarily senior citizens and low income families, many living on fixed retirement or limited incomes; and A large number of California counties, cities and towns have passed some form of mobile home rent protection ordinance to safeguard these elderly and low income families from excessive rent increases; and The City Council of the City of Huntington Beach opposes any statewide pre-emption of local control to make policy, responding to any local issue; and An initiative now in circulation, titled the "Mobile Home Rent Assistance - Mobile Home Rent Control Restrictions Initiative Statute"would void any local measures intended to achieve the same goal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach opposes the "Mobile Home Rent Assistance - Mobile Home Rent Control Restrictions Initiative Statute" currently in circulation, and hereby communicates such opposition to the State Legislature and the Governor as well as the League of California Cities. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March , 1994. Mayor ATTE T: APPROVED AS TO FORM: City Clerk � ,3-�City Attorney REVIEWED AND APPROVED: INITIATED ND APP 0 ED: OF City Administr�a or Director of Special Projects M013i1LE.D0C3/k/03/14/94 - Res. No. 6574 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of March , 19 94 by the following vote: AYES: Councilmembers: Bauer, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: Silva ABSENT: Councilmembers: Robitaille City Clerk and ex-officio drerk of the City Council of the City of Huntington Beacli, California 2. OPPOSE Mobilehomes. Rent Control. Measure Preempts ALL Local Programs. AB 122 (Andal). Pending in Senate Appropriations or Senate Judiciary Committee. AB 122, as recently amended, would preempt ALL local mobilehome rent control ordinances and programs, including those enacted in charter cities. It would also state legislative findings that local rent control measures have had a "deleterious effect on the statewide mobilehome rental housing market," a statement disputed by many with different perspectives. The League opposes AB 122 for several reasons. It is a serious state intrusion and preemption of policy that should be determined at the local level. The decision of whether or not to enact mobilehome rent control ordinances should be decided by cities and counties and crafted in a manner that fits local circumstances. AB 122 takes away this important local control authority from local governments. The intent language is also objectionable, since it represents a conclusion which others disagreed with based upon their analyses. Finally, many low income and senior citizens reside in mobilehomes and have requested their locally elected officials to enact rent control programs in their communities as a way of protecting them from inappropriate rental increases. By abolishing these protections, AB 122 could seriously impact the economic well-being of many citizens. AB 122 is yet another assault on the authority of local governments to implement local programs. Because AB 122 was amended in the Senate Appropriations Committee and has not been heard in its present form in the Senate Judiciary Committee, which hears rent control bills, it is unclear in which Committee the bill will be heard next. We anticipate that it will be returned to the Senate Judiciary Committee. However, cities should send letters of opposition to members of both the Judiciary and Appropriations Committees. Copies of AB 122 are available on CityLink or by calling the Capitol Bill Room at 916/445-2323. (See Committee memberships after Legislative Activities in this Bulletin.) ATTACHMENT No. 2 Californian f r 1441 Fourth Street Say:.--, .-. Monica,CA 90401 .ephone(310) 475-3375 Mobilehon Fairness Facsimile(310) 446-9127 f CEI r �: O November 11, 1993 IN1TIA 1�,_COORDINATOR The Honorable Daniel E. Lungren Al i:.;NEY GENERAL'S OFFIC Attorney General of California 1515 K Street Sacramento, CA 95814 Re: Submission of Proposed Statutory Initiative Measure for Title and Summary Dear Attorney General Lungren, Pursuant to Elections Code section 3502, the undersigned proponent hereby submits a draft statutory initiative measure entitled "The Mobilehome Fairness and Rental Assistance Act" to be circulated to the voters under Article II, section 10 of the California Constitution. The undersigned requests that you prepare a title and summary of the cheif purpose and points of the proposed measure. Enclosed is the statutory fee of Two Hundred Dollars ($200) for the preparation of the title and summary. Also attached is a declaration under penalty of perjury executed by the proponent, that no appropriation for a particular project contained within the text of the measure, if any, was included in exchange for a campaign contribution or a pledge for a campaign contribution for purposes of qualifying the proposed measure for the ballot. Under separate cover, counsel for the proponent will submit suggested language for the proposed title and summary and a statement of the suggested affect on revenues and expenditures of state and local government that would result from passage of this initiative measure. a November 11, 1993 Page 2 t Please feel free to contact Peter H. Adams, proponent or legal counsel for the initiative, Charles H. Bell, Jr., Esq. of :Bell, McAndrews & Hiltachk, 555 Capitol Mall, Suite 530, Sacramento, CA 95814, who is authorized to communicate with your office relative to this request for preparatira of title and summary. Yours very truly, l _ etteer H. Adams, Proponent 857 Malcolm Avenue Los Angeles, CA 90024 Los Angeles County y� M RECE,� 0 SND MADE THE RECORD AT MEETING ITEM N0. .n � ` OFFICE OF THE CITY CLERK CONNIE BROCKWAY TO: Mayor Linda Moulton-Patterson DATE: February 21 ,94 Council Members; Grace Winchell, Vic Leipzig, Dave Sullivan, Ralph Bauer, Jim Silva, Earl Robataille FfU4: Sandra Cole FIE: Resolution Good evening Madam Mayor, Council Members and Staff. My name is Sandra Cole. I am Assistant Manager, Region 5, GSMOL and a Director of HBMOA. Most important, I am a mobilehome owner. I am here tonight to speak to you about a very important issue that will affect the lifestyle of all California mobilehome owners. I know that you are all very well educated about the realities of our lifestyle and that rising space rent is the number one issue. When our rents get too high, we simply cannot move our homes. This is not a free market system like the apartment rental market. This is a monopoly in which all mobilehome owners are trapped. For years the park owners have fought any form of rent control, but in fact, 102 cities in California have enacted local ordinances. The park owners fought in the courts and we took them all the way to the Supreme Court, where they lost 9-0. They lost in Sacramento where the Legislators turned them down despite heavy pressure for their vote, so now they are asking the unsuspecting voters of California to give them what no one else will! The park owners are circulating a petition to qualify their Initiative for the November ballot. This Initiative is deceptively titled; "The Mobilehome Fairness and Rental Assistance Act". It is not fair and it certainly won't assist any mobilehome owner. Attachment No. 3 z There are nine pages of rhetoric about rental assistance. A rent subsidy of 10% of the average rent is offered to those who qualify under Section 8 HUD guidelines for very low income. The Initiative is fraudulant, in that it offers to give us something we can already have without the Initiative. The intent is contained in the last paragraph, which is to prohibit any city or county from passing a rent control ordinance for mobilehome parks. Rental assistance is merely the window dressing. And. . .who determines "average rent"? The park owner, of course. Therefore, if I am paying $350.00 a month in space rent and apply for the subsidy, and the park owner determines that the average rent is $450.00 a month. . . .the first thing he will do is raise my rent $100.00 and then give a 10% subsidy! ! The California League of Cities urges opposition to this Initiative. I am here to request the Council to direct Staff to prepare a Resolution opposing "The Mobilehome Fairness and Rental Assistance Act", to be presented at the next Council Meeting on March 7th. I am not here asking for rent control , I am asking you to oppose any law that would take away your right to determine what laws will or will not be passed in Huntington Beach. z1z Sandra Cole cc: Michael Uberuaga, City Administrator Connie Brockway, City Clerk AN INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared_by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) To the Honorable Secretary of State of California We, the undersigned, registered, qualified voters of California, residents of County (or City and County), hereby propose amendments to the California Civil Code, relating to establishment of a rental assistance subsidy for qualified poor and needy mobilehome park tenants, limitations on mobilehome park rent control in lieu thereof, and prohibitions of enactment of mobilehome rent control measures by the State and by local charter and general law cities and counties, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election. The proposed statutory amendments (full title and text of the measure) read as follows: SECTION 1: TITLE This Measure shall be known and referred to as "The Mobilehome Fairness and Rental Assistance Act." SECTION 2: FINDINGS AND DECLARATIONS OF PURPOSE The People of the State of California find and declare as follows: (a) Some tenants of mobilehome spaces in mobilehome parks in California are poor and needy and are urgently in need of rental assistance, without delays, expense or red tape which state and local government usually requires for the administration of rental assistance programs; and (b) Over 80 local governments are spending millions of dollars annually administering and enforcing mobilehome park rent controls for the exclusive benefit of owners of mobilehomes which comprise approximately only 5% of California's housing units with unrestricted controls that are generally not "means tested" to the poor, so that mobilehome owners in mobilehomes with an average value of $40,000 to $50,000 obtain unfair price controls in rent controlled areas at the expense of small business-parkowners and all the citizens of California; and (c) These unrestricted controls jeopardize the existence of affordable mobilehome park housing for all Californians and jeopardize continued employment and small business-parkowners' existence in California; and (d) It is a matter of statewide interest and concern that local government shall minimize the People's mobilehome park rent control-administrative costs by allowing annual rent increases equal to the cost of living, and that local governments shall, on a space by space.basis, phase out rent control administration upon the sale, transfer or sublease of any mobilehome; and (e) It is a further matter of statewide interest and concern to require that mobilehome parkowners shall grant direct rental assistance subsidies for up to 10% of their mobilehome space tenants ,vithout governmental administration; and (f) It is a further matter of statewide interest and concern, to prohibit enactment of any new mobilehome park rent control or rent stabilization law by any local government or by the State of California; and (g) Requiring the provision of direct rental assistance subsidies by requiring mobilehome park owners to provide specified reduced rents for the poor, together with the limitations on most restrictive features of rent limitations which have adversely affected the availability and supply of such affordable mobile home housing, is necessary to assure the continued availability of affordable mobile home housing to the poor; and (h) The limitation of the rental assistance subsidy provided in this Measure to not more than ten percent (10%) of the spaces in a single mobilehome park will provide a reasonable amount of assistance to needy mobilehome park tenants, without unduly burdening the property interests of the mobilehome park owner; and (i) This Measure is not intended, nor shall it be construed, to deprive any mobilehome owner, tenant or mobilehome park owner of any constitutional rights. SECTION 3: AMENDMENT OF CHAPTER 1 OF DMSION 2 OF CALIFORNIA CIVIL CODE: DEFINITIONS Chapter 1 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding new subsections to Section 798.13, as follows: 798.13 (a) A "tenant" as used in this section and in Article 4.4 of this Chapter is a "homeowner" as defined in Section 798.9 of this Chapter. 798.13 (b) A "qualified tenant", as used in Articles 4.4 and 4.5 of this Chapter is 2 any tenant who, as of the date of application for rental assistance subsidy and so long as such tenant intends to continue as a qualified tenant, satisfies each and all of the following requirements: (1) The tenant resides in a mobilehome park in the State of California, the tenant has established a legal residency in that mobilehome, and owns and occupies that mobilehome as the tenant's principal place of residence; and (2) The tenant qualifies in accordance with then current criteria applicable to qualified for benefits under the U. S. Department of Housing and Urban Development ("HUD") Section 8 Very Low Income qualification status, as published by HUD, or the local agency which administers such program, at levels which are then in effect on a county-by-county or other basis within the State of California or, if the tenant is married or lives with another person, the eligibility standards for rental assistance subsidy shall be determined in the same manner as for HUD Section 8 Very Low Income for married or cohabitating persons. "HUD Section 8 Very Low Income" is defined as that income limit established annually by the U.S. Department of Housing and Urban Development ("HUD"), or any successor agency, as the "very low-income" limit for a four-person family, on a county by county and/or other geographical or statistical area basis, based on 50% of the median income for the area, which four-person income limit is then adjusted for other family sizes and in certain cases is additionally adjusted for areas with unusually high or low income or housing costs; said income limits being promulgated and transmitted in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended, and with Title VIII of the Cranston-Gonzalez National Affordable Housing Act of 1990, and which income limits for the State of California are published by the State of California Department of Housing and Community Development pursuant to Sections 50079.5 and 50105 of the California Health and Safety Code; and (3) The tenant, including all other residents regularly residing in the mobilehome, is in compliance with all rules and regulations of the mobilehome park and the tenant's rental agreement, and is not delinquent by more than thirty (30) days with any rental payments; and y-. (4) The tenant is not receiving any federal, state or local housing A assistance, including ut not limited to-alss—isM—ceprovided under Chapter 8 o i �e 42 of the ru a ousing an ommuruty eve opmen c o ; Chapter 45 of Title 42 of the United States Code; or as provided or administered by the Department of Housing and Urban Development or by other laws or programs. 798.13 (c) "Rental assistance subsidy" as used in Article 4.4 of this chapter means a ten percent (10%) discount from the monthly rent charged for the mobilehome space occupied by one or more qualified tenants, as established by mobilehome park 3 management (the "pre-subsidy monthly rent level"). The pre-subsidy monthly rent level of a qualified tenant who is receiving +or is entitled to receive, a rental assistance subsidy, may be increased and shall be decreased, as appropriate, from time to time, so that the pre-subsidy monthly rent level shall not, at any point in time, exceed the average monthly rent level charged for all spaces in the mobilehome park then occupied with mobilehomes. 798.13 (d) "Exempt space" as used in Article 4.5 of this chapter shall mean (i) any space in a mobilehome park which is not occupied by a mobilehome as of the effective date of this Measure, or (ii) any space which is, as of the effective date of this Measure, exempt from the mobilehome park rent control law as a result of any lease or rental agreement covering such space including, without limitation, a rental agreement described in Sec. 798.17 of this Chapter. 798.13 (e) "Mobilehome park rent control" means any ordinance, rule, regulation, or initiative measure, adopted by any city, county or city and county, which establishes a maximum amount that the management of a mobilehome park landlord may charge any tenant or resident for rent. 798.13 (f) "Decontrolling event" as used in Article 4.5 of this chapter shall mean, with respect to any space in a mobilehome park covered by a mobilehome park rent control law as of the effective date of this Measure, the first to occur of the following after the effective date of this Measure: (i) Any sale, transfer (by foreclosure, operation of law or otherwise), or other change in ownership of the mobilehome (as defined in Section 798.3 of this Chapter); (ii) Any termination of the tenancy of the persons who are tenants in such space by eviction, voluntary vacancy or otherwise; or (iii) Any sub-lease of the mobilehome or space after the effective date of this Measure, provided nothing contained herein is.intended to authorize any such sub- lease of the mobilehome or space. Notwithstanding the provisions of subdivisions (i), (ii), and (iii) herein, no decontrolling event shall be deemed to have occurred upon any transfer of ownership of a mobilehome to the conservator, guardian or trustee of a homeowner or to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowners's immediate family), or to a surviving spouse upon the death of the other spouse, or to a spouse or the parent(s) or children of a homeowner. SECTION 4: AMENDMENT OF CHAPTER 2.5 OF DIVISION 2 OF CALIFORNIA CIVIL CODE Chapter 2.5 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding a new Article 4.4, as follows: 4 Article 4.4 Tenant Rental Assistance 798.44.1 (a) Any qualified tenant may.apply for and if accepted, shall receive, directly from the management of a mobilehome park in which such tenant resides, a r rental assistance subsidy subject to the terms and conditions provided for in this Article. (b) In the event there is more than one qualified tenant occupying any mobilehome space, such qualified tenants shall be considered together as one qualified tenant for the rental assistance subsidy, and for purposes of section 798.44.4 of this Article, so that no mobilehome space shall be entitled to more than one ten percent (10%) discount from the pre-subsidy monthly rent level. 798.44.2 The provision of the rental assistance subsidy shall be the sole responsibility and obligation of each management of a mobilehome park and neither the State of California nor any governmental agency shall have any responsibility therefor or exercise any authority in connection therewith, except as provided in Section 798.44.6 of this Article. 798.44.3 (a) Each tenant seeking to obtain the rental assistance subsidy shall provide management with an application, together with competent evidence of facts, to prove such tenant is a qualified tenant. Such application and evidence may be submitted at any time during any calendar year up to December 15, for consideration of rental assistance subsidy for the ensuing calendar year commencing in January, or such earlier date as any management of a mobilehome park may elect. The evidence accompanying the application shall consist of ownership and residency in the mobilehome and such income and other information as is customarily required by the governmental agency administering the U.S. Department of Housing and Urban Development Section 8 Very Low Income benefits and such other evidence as is reasonably required; provided, however, that no management of a mobilehome park shall make this application process more burdensome to the tenant than such governmental agency. (b) Each management of a mobilehome park shall, promptly upon receipt of such application and evidence, evaluate the same and reply to such tenant with notice within ten working days of. (i) acceptance, in which case the amount of the rental assistance subsidy and the pre-subsidy monthly rent level shall then be stated; or (ii) rejection, in which case the basis for such rejection shall also be stated. Once a qualified tenant has received a rental assistance subsidy during any part of a calendar year, such rental assistance subsidy shall continue until December 31 of such year, subject to early termination as provided in this Article. 798.44.4 Notwithstanding any other provision of this Article to the contrary: 5 (a)(1) In any jurisdiction in which mobilehome park rent control is in effect, the management of a mobilehome park shall be exempt from the rental assistance subsidy provisions of this Article if, and as long as,-more than ten percent (10%) of the spaces occupied by mobilehomes in such mobilehome park are covered by any form of i mobilehome park rent control. (2) In any jurisdiction in-which mobilehome park rent control is in effect, if at any time fewer than ten percent (10%) of the spaces occupied by mobilehomes in a mobilehome park are covered by any form of mobilehome park rent control, the management of a mobilehome park shall be subject to the provisions of this Article and shall be required to provide rental assistance subsidy to a qualified tenant; provided, however, that the management of the mobilehome park shall not be required to provide such rental assistance subsidy if granting the ,ubsidy would result in more than ten percent (10%) of the spaces in the mobilehome park being covered either by any form of mobilehome park rent control or by the rental assistance subsidy provided by this Article. The priority for granting rental assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. (b) In any jurisdiction in which there is no form of mobilehome park rent control in effect, the management of a mobilehome park shall be required to provide the rental assistance subsidy provided by this Article to qualified tenants representing not more than ten percent (10%) of the spaces then occupied by mobilehomes in such mobilehome park. The priority for granting rental assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. (c) (1) In circumstances in which subdivision (b)(2) or subdivision (c) of this section apply, the management of a mobilehome park shall be required to grant the rental assistance subsidy provided for in this Article to those qualified tenants who are first in time to have been accepted by the management of the mobilehome park into the rental assistance subsidy program. (2) In determining the number of qualified tenants to which the management of a mobilehome park shall be required to provide rental assistance under subdivision (b)(2), the management of the mobilehome park shall determine the number of qualified tenants which represent spaces entitled to the rental subsidy, by subtracting the number of spaces then subject to some form of mobilehome park rent control from the number representing ten percent (10%) of the total number of spaces then occupied by mobilehomes in the mobilehome park. 798.44.5 Any qualified tenant receiving a rental assistance subsidy shall lose the right to such rental assistance subsidy if any of the following events occur: (i) Such tenant fails to pay the monthly rent (as reduced by the rental assistance subsidy) within five days of its due date or (ii) Such tenant no longer qualifies as a qualified tenant for any 6 reason whatsoever. Upon the occurrance of any such events, the management of a mobilehome park may, upon ten days written notice, terminate such tenant's rental assistance subsidy in which case such tenant may not reapply for rental assistance subsidy for a period of 12 months thereafter. No management of a mobilehome park + shall have any obligation to replace a terminated rental assistance subsidy tenant with another qualified tenant until the following calendar year. 798.44.6 Notwithstanding any other provision of law, any qualified tenant aggrieved or damaged by any violation of any of the material terms of this Article may petition the municipal court of the county in which the mobilehome park is located for a judicial determination of his or her rights. Such aggrieved qualified tenant shall be entitled to actual damages consisting of loss of rental assistance subsidy and, if the prevailing party, reasonable attorney's fees and costs. Such aggrieved qualified tenant shall be further entitled to seek injunctive relief, and all such further equitable remedies as are available under Code of Civil Procedure Section 526. 798.44.7 A management of a mobilehome park shall not terminate the tenancy of any tenant, or attempt to do so, or retaliate against any tenant, or attempt to do so, as a proximate result of a request by such tenant for rental assistance subsidy or the exercise of any rights relating thereto as provided in this Article. Any demand by the management of a mobilehome park for rent from any qualified tenant who is receiving or entitled to receive rental assistance subsidy, which demand exceeds the sums which are legally due and owing for rental payments pursuant to this Article, shall constitute a defense to any action brought by the management of a mobilehome park for such excess rent or eviction of the qualified tenant from the mobilehome park for non- payment of such excess rent; provided, however, the management of a mobilehome park may overcome such a defense if the management of a mobilehome park proves by clear and convincing evidence that the granting to such qualified tenant of a rental assistance subsidy deprives the management of a mobilehome park of its constitutional right to a fair return on its property. SECTION 5: AMENDMENT OF ARTICLE 4.5 OF PART 2 OF DMSION 2 OF THE CALIFORNIA CIVIL CODE Article 4.5 of Part 2 of Division 2 of the California Civil Code is amended to add the following new Sections 798.46.1, 798.46.2, and 798.46.3 as follows: . - 798.46.1 No city, county, or city and county, shall, after the effective date of this Measure, (i) enact any new mobilehome park rent control law or (ii) amend or modify any existing mobilehome park rent control law to restrict or control the maximum amount of rent that the management of a mobilehome park may charge for a space in a mobilehome park which is not, by reason of a long term lease or otherwise, restricted or controlled as of the effective date of this Measure. 7 798.46.2 Every mobilehome park rent control law in effect as of the effective date of this Measure shall be subject to the following provisions: (a) No mobilehome park rent control law shall, on or after January 1 of the year following the effective date of this Measure, with respect to the rent which the management of a mobilehome park may charge for a-mobilehome space within such park, either (i) require that the rent for such space ever be reduced from that in effect as of such January 1 or as of any subsequent date, or (ii) limit any rent increase to an amount which is less than the full annual cost of living increase (California Consumer Price Index ("CCPI") All Items Index, All Urban Consumers (1982-84=100), published by the California Department of Industrial Relations), as measured by the change in such CCPI from the 12-month period ending in the calendar month preceding the date in which a notice of rent increase is given by the ~management of a mobilehome park at any time, and from time to time after January 1 of the year following the effective date of this Measure. (b) No jurisdiction administering any mobilehome park rent control law shall require the management of a mobilehome park to attend any hearing or submit any information to such jurisdiction so long as management limits the rental increases for any space affected by such mobilehome park rent control law to such full annual CCPI increase as provided in subdivision (a) of this section 798.46.2. (c) No mobilehome park rent control law shall, on or after the effective date of this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a mobilehome space within such park upon a decontrolling event, as defined in Section 798.13 (f). (d) No mobilehome park rent control law shall, on or after the effective date of this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a space within such park which is an exempt space, as defined in Section 798.13 (d). All exempt spaces shall be, for all purposes on or after the effective date of this Measure, exempt from any and all mobilehome park rent control laws. 798.46.3 Any law enacted by the State of California which, as of the effective date of this Measure, restricts or controls the maximum amount of rent that the management of a mobilehome park may charge for a mobilehome park space is hereby declared to be void and of no force or effect upon the effective date of this Measure. The State of California shall not, after the effective date of this Measure, enact any law which restricts or controls the maximum amount of rent that the management of a mobilehome park may charge for a mobilehome park space except in the manner provided in Section 6 of this Measure. 8 SECTION 6: AMENDMENT OR REPEAL OF MEASURE The provisions of this Measure may be amended or repealed by the procedures set forth in this section. If any portion of subdivision (a) is declared invalid, then subdivision (b) shall be the exclusive means of amending or repealing this title. (a) The provisions of this Measure may be amended to further its purposes by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor. (b) The provisions of this Measure may be amended or repealed by a statute that becomes effective only when approved by the electors. SECTION 7: EFFECTIVE DATE The effective date of this Measure shall be the day after the election at which it is approved by the voters. SECTION 8: CONSTRUCTION OF MEASURE The Measure shall be liberally construed to achieve the purposes of this Measure and to preserve its validity. SECTION 9: SEVERABILITY If any provision of this Measure, or the application to any person or circumstances is held invalid or void, such invalidity or voidness shall not affect other provisions or applications which can be given effect without the invalid or void provision or application, and to this end, all of the provisions of this Measure are declared to be severable. SECTION 10: ELECTORS' INTENTION IN THE EVENT OF PASSAGE OF POSSIBLE CONFLICTING MEASURES In the event another Measure to be voted on by the voters at the same election as this Measure, and which constitutes a comprehensive regulatory scheme, receives more affirmative votes than this Measure, the electors intend that any provision or provisions of this Measure not in direct and apparent conflict with any provision or provisions of another Measure, shall not be deemed to be in conflict therewith, and shall be severed from any other provision or provisions of this Measure which are in direct and apparent conflict with the provision(s) of another Measure. In such event, the provisions shall be severed according to the provisions of Section 9 of this Measure upon application to any court of competent jurisdiction. 9 Attorney General Lundgren has assigned the following title to this initiative: "MOBILE HOME RENT ASSISTANCE. RENT CONTROL RESTRICTIONS. �r ii RECEIV I�AND MADE A 116 STAFtiT-E•71 PAId OF THE RECORD AT PAEETING ITEIbi �' // u,J=FICE OF THE CITY CLERK IN THE BODY IT WILL READ: CONNIE BROCKWAY "THIS MEASURE SHALL BE KNOWN AS THE MOBILE HOME FAIRNESS AND RENTAL ASSISTANCE ACT" MANUFACTURED HOUSING EDUCATIONAL TRUST ORANGE COUNTY MHEr Serving Mobile Home Park Owners Since 1982 500 N.State College Blvd.,Suite 1020.Orange•CA•92668 (714)935-1900•FAX(714)935-1145 DATE: March 7, 1994 \)1`kt Presented Under Oral Communications 1 �o� TO: Mayor Linda Moulton-Patterson RECEIVEDhAND MADE A Mayor Pro Tern Earle Robitaille PART OF THE RECORD AT Councilmember Ralph Bauer 3 �— qY MEETING Councilmember Victor Leipzig Councilmember Jim Silva Councilmember Dave Sullivan ITEM NO. - Councilmember Grace Windhell OFFICE OF THE CITY CLERK CONNIE BROCKWAY FROM: Vickie Talley, Executive Director RE: Agenda Item E-11 The Council has been requested to take a position in opposition to a state initiative that is currently being circulated, but has not yet qualified. The Attorney General of California given the initiative the following title: MOBILEHOME RENT ASSISTANCE. MOBILE HOME RENT CONTROL RESTRICTIONS. INITIATIVE STATUTE. I am here this evening to urge the Council to delay taking a position on this item for several reasons. 1. The initiative has not qualified for the ballot and may not. 2. The California League of Cities has not taken a position on this proposed initiative and will not unless it qualifies. 3. The Council has not had the benefit of carefully studying the proposed initiative and hearing both sides of the issue. As an example, the Attorney General's summary of the proposed measure states that, "...In the long term, local agencies would experience savings in the range of millions to tens of millions of dollars annually." Another reason for further study is the fact that the Council has been given incorrect and incomplete information about the initiative. The initiative, contrary to what you have been told, will provide rent subsidies to mobile home park residents who meet Section 8 income requirements who, without the initiative, would not have access to Section 8 for a variety of reasons including, the lack of government funding, long waiting lists, or because the local housing authority does not offer the benefit to mobile home park residents. A copy of the Attorney General's complete ballot summary for this initiative is attached. Again, I respectfully urge you not to take a position on an initiative that has not been adequately studied and that hasn't even qualified for the ballot. DANIEL E. LUNGREN State of California Attorney General VEPAI2TMENT QE JUSTICE 151.5 K ST -6Zr,5UnE 511 P.O.Box 944255 SACRAMENTO,CA 94244-25 0 — (916)445-955$ (916) 324-5490 January 27, 1.994 Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, CA 95814 Re: Initiative 'Title and Summary Subject: MOBIL HOME RENT ASSISTANCE. M013 LEHOMB RENT CONTROL RESTRICTIONS. INMATIVE STATUTE. File No: SA 93 RF 0042 Dear Mrs. Eu: Pursuant to the provisions of sections 3503 and 3513 of the Elections Code, you are hereby notified that on tlus day we mailed to the proponent of the above-identified proposed initiative our title and summary. Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and summary, a declaration of ;mailing thereof, and a copy of the proposed measure. According to information available in our records, the name and address of the proponent is as stated on the declaration of mailing. Sincerely, DANIEL E. LUNGREN Attorney General TLEEN F. DaROSA Initiative Coordinator KFD:ms Enclosures D� ^ January 27, 1994 File No: SA93RF0042 The,Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: MOBILEHOME RENT ASSISTANCE. MOBILEHOME RENT CONTROL RESTRICTIONS. INITIATIVE STATUTE. Requires mobilehome park management to administer and provide rent subsidy equal to ten percent discount on monthly rent to tenants xueeting residency and income requirements, when ten percent or less of occupied spaces are covered by rent control or rent subsidy. Establishes priorities for, and conditions for losing, rent subsidy. Invalidates existing, and prohibits new, state mobilehome rent control laws. Limits existing, and prohibits new, local mobilehome rent control laws. Prohibits such Iaws from requiring reductions in rent and limiting increases in rent to less than specified cost of living index. Summary of estimate by Legislative Analyst and Director of. Finance of fiscal impact on state and local governments: No impact on state costs or revenues. In the near term, cities and counties may experience increased costs which are unknowza, but are not likely to total more than millions of dollars annually. In the long term, local agencies would experience savings in the range of millions to tens of millions of dollars annually. RECF' �nAND MA �VL PART THE RECORD AT ' --/ � tif� MEETING ITEM N0,_.._.�THE OFFIERK CONNIE BROCKWAY TO: Mayor Linda Moulton-Patterson DATE: February 21 ,94 Council Members; Grace Winchell, Vic Leipzig, Dave Sullivan, Ralph Bauer, Jim Silva, Earl Robataille FFKIM: Sandra Cole FIE: Resolution Good evening Madam Mayor, Council Members and Staff. My name is Sandra Cole. I am Assistant Manager, Region 5, GSMOL and a Director of HBMOA. Most important, I am a mobilehome owner. I am here tonight to speak to you about a very important issue that will affect the lifestyle of all California mobilehome owners. I know that you are all very well educated about the realities of our lifestyle and that rising space rent is the number one issue. When our rents get too high, we simply cannot move our homes. This is in a free market system like the apartment rental market. This is a monopoly in which all mobilehome owners are trapped. For years the park owners have fought any form of rent control , but in fact, 102 cities in California have enacted local ordinances. The park owners fought in the courts and we took them all the way to the Supreme Court, where they lost 9-0. They lost in Sacramento where the Legislators turned them down despite heavy pressure for their vote, so now they are asking the unsuspecting voters of California to give them what no one else will! The park owners are circulating a petition to qualify their Initiative for the November ballot. This Initiative is deceptively titled; "The Mobilehome Fairness and Rental Assistance Act". It is not fair and it certainly won't assist any mobilehome owner. 2 There are nine pages of rhetoric about rental assistance. A rent subsidy of 10% of the average rent is offered to those who qualify under Section 8 HUD guidelines for very low income. The Initiative is fraudulant, in that it offers to give us something we can already have without the Initiative. The intent is contained in the last paragraph, which is to prohibit any city or county from passing a rent control ordinance for mobilehome parks. Rental assistance is merely the window dressing. And. . .who determines "average rent"? The park owner, of course. Therefore, if I am paying $350.00 a month in space rent and apply for the subsidy, and the park owner determines that the average rent is $450.00 a month. . . .the first thing he will do is raise my rent $100.00 and then give a 10% subsidy! ! The California League of Cities urges opposition to this Initiative. I am here to request the Council to direct Staff to prepare a Resolution opposing "The Mobilehome Fairness and Rental Assistance Act", to be presented at the next Council Meeting on March 7th. I am not here asking for rent control , I am asking you to oppose any law that would take away your right to determine what laws will or will not be passed in Huntington Beach. Tha you. , Sandra Cole cc: Michael Uberuaga, City Administrator Connie Brockway, City Clerk 1441, 7aurth Street C,Y. 1 Zfornlan forSar rsonlca,cA 90401 Mobilehome Fairness Telephone(310) 475-3375 Facsimile(310J 446-9127 E I o November 11, 1993 INMA71 /_COORDINATOR ATi:.;NEY GENERAL'S OFFIC_ The Honorable Daniel E. Lungren Attorney General of California 1515 K Street Sacramento, CA 95814 Re: Submission of Proposed Statutory Initiative Measure for Title and Summary Dear Attorney General Lungren, Pursuant to Elections Code section 3502, the undersigned proponent hereby submits a draft statutory initiative measure entitled "The Mobilehome Fairness and Rental Assistance Act" to be circulated to the voters under Article H, section 10 of the California Constitution. The undersigned requests that you prepare a title and summary of the cheif purpose and points of the proposed measure. Enclosed is the statutory fee of Two Hundred Dollars ($200) for the preparation of the title and summary. Also attached is a declaration under penalty of perjury executed by the proponent, that no appropriation for a particular project contained within the text of the measure, if any, was included in exchange for a campaign contribution or a pledge for a campaign contribution for purposes of qualifying the proposed measure for the ballot. Under separate cover, counsel for the proponent will submit suggested language for the proposed title and summary and a statement of the suggested affect on revenues and expenditures of state and local government that would result from passage of this initiative measure. a November 11, 1993 Page 2 t Please feel free to contact Peter H. Adams, proponent or legal counsel for the initiative, Charles H. Bell, Jr., Esq. of Bell, McAndrews & Hiltachk, 555 Capitol Mall, Suite 530, Sacramento, CA 95814, who is authorized to communicate with your office relative to this request for preparati-a of title and summary. Yours very truly, etteer H. Adams, Proponent 857 Malcolm Avenue Los Angeles, CA 90024 Los Angeles County AN INTT TIVE MEASURE TO BE SUBi IMED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: t (Here set forth the title and summary prepared_by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) To the Honorable Secretary of State of California We, the undersigned, registered, qualified voters of California, residents of County (or City and County), hereby propose amendments to the California Civil Code, relating to establishment of a rental assistance subsidy for qualified poor and needy mobilehome park tenants, limitations on mobilehome park rent control in lieu thereof, and prohibitions of enactment of mobilehome rent control measures by the State and by local charter and general law cities and counties, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election. The proposed statutory amendments (full title and text of the measure) read as follows: SECTION 1: TITLE This Measure shall be known and referred to as "The Mobilehome Fairness and Rental Assistance Act." SECTION 2: FINDINGS AND DECLARATIONS OF PURPOSE The People of the State of California find and declare as follows: (a) Some tenants of mobilehome spaces in mobilehome parks in California are poor and needy and are urgently in need of rental assistance, without delays, expense or red tape which state and local government usually requires for the administration of rental assistance programs; and (b) Over 80 local governments are spending millions of dollars annually administering and enforcing mobilehome park rent controls for the exclusive benefit of owners of mobilehomes which comprise approximately only 5% of California's housing units with unrestricted controls that are generally not "means tested" to the poor, so that mobilehome owners in mobilehomes with an average value of $40,000 to $50,000 obtain unfair price controls in rent controlled areas at the expense of small business-parkowners and all the citizens of California; and (c) These unrestricted controls jeopardize the existence of affordable mobilehome park housing for all Californians and jeopardize continued employment and small business-parkowners' existence in California; and t (d) It is a matter of statewide interest and concern that local government shall minimize the People's mobilehome park rent control-administrative costs by allowing annual rent increases equal to the cost of living, and that local governments shall, on a space by space basis, phase out rent control administration upon the sale, transfer or sublease of any mobilehome; and (e) It is a further matter of statewide interest and concern to require that mobilehome parkowners shall grant direct rental assistance subsidies for up to 10% of their mobilehome space tenants without governmental administration; and (f) It is a further matter of statewide interest and concern, to prohibit enactment of any new mobilehome park rent control or rent stabilization law by any local government or by the State of California; and (g) Requiring the provision of direct rental assistance subsidies by requiring mobilehome park owners to provide specified reduced rents for the poor, together with the limitations on most restrictive features of rent limitations which have adversely affected the availability and supply of such affordable mobile home housing, is necessary to assure the continued availability of affordable mobile home housing to the poor; and (h) The limitation of the rental assistance subsidy provided in this Measure to not more than ten percent (10%) of the spaces in a single mobilehome park will provide a reasonable amount of assistance to needy mobilehome park tenants, without unduly burdening the property interests of the mobilehome park owner; and (i) This Measure is not intended, nor shall it be construed, to deprive any mobilehome owner, tenant or mobilehome park owner of any constitutional rights. SECTION 3: AMENDMENT OF CHAPTER 1 OF DMSION 2 OF CALIFORNIA CIVIL. CODE: DEFINITIONS Chapter 1 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding new subsections to Section 798.13, as follows: 798.13 (a) A "tenant" as used in this section and in Article 4.4 of this Chapter is a "homeowner" as defined in Section 798.9 of this Chapter. 798.13 (b) A "qualified tenant", as used in Articles 4.4 and 4.5 of this Chapter is 2 any tenant who, as of the date of application for rental assistance subsidy and so long as such tenant intends to continue as a qualified tenant, satisfies each and all of the following requirements: (1) The tenant resides in a mobilehome park in the State of California, the tenant has established a legal residency in that mobilehome, and owns and occupies that mobilehome as the tenant's principal place of residence; and (2) The tenant qualifies in accordance with then current criteria applicable to qualified for benefits under the U. S. Department of Housing and Urban Development ("HUD") Section 8 Very Low Income qualification status, as published by HUD, or the local agency which administers such program, at levels which are then in effect on a county-by-county or other basis within the State of California or, if the tenant is married or lives with another person, the eligibility standards for rental assistance subsidy shall be determined in the same manner as for HUD Section 8 Very Low Income for married or cohabitating persons. "HUD Section 8 Very Low Income" is defined as that income limit established annually by the U.S. Department of Housing and Urban Development ("HUD"), or any successor agency, as the "very low-income" limit for a four-person family, on a county by county and/or other geographical or statistical area basis, based on 50% of the median income for the area, which four-person income limit is then adjusted for other family sizes and in certain cases is additionally adjusted for areas with unusually high or low income or housing costs; said income limits being promulgated and transmitted in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended, and with Title VIII of the Cranston-Gonzalez National Affordable Housing Act of 1990, and which income limits for the State of California are published by the State of California Department of Housing and Community Development pursuant to Sections 50079.5 and 50105 of the California Health and Safety Code; and (3) The tenant, including all other residents regularly residing in the mobilehome, is in compliance with all rules and regulations of the mobilehome park and the tenant's rental agreement, and is not delinquent by more than thirty (30) days with any rental payments; and '7.. (4) The tenant is not receiving any federal, state or local housing X11 assistance, including ut not limited to assis afice prove un er apter o i e 42 o e ru e• a ousing an ommuruty eve opment Acto ; Chapter 45 of Title 42 of the United States Code; or as provided or administered by the Department of Housing and Urban Development or by other laws or programs. 798.13 (c) "Rental assistance subsidy" as used in Article 4.4 of this chapter means a ten percent (10%) discount from the monthly rent charged for the mobilehome space occupied by one or more qualified tenants, as established by mobilehome park 3 management (the "pre-subsidy monthly rent level"). The pre-subsidy monthly rent level of a qualified tenant who is receiving +or is entitled to receive, a rental assistance subsidy, may be increased and shall be decreased, as appropriate, from time to time, so that the pre-subsidy monthly rent level shall not, at any point in time, i exceed the average monthly rent level charged for all spaces in the mobilehome park then occupied with mobilehomes. - - 798.13 (d) "Exempt space" as used in Article 4.5 of this chapter shall mean (i) any space in a mobilehome park which is not occupied by a mobilehome as of the effective date of this Measure, or (ii) any space which is, as of the effective date of this Measure, exempt from the mobilehome park rent control law as a result of any lease or rental agreement covering such space including, without limitation, a rental agreement described in Sec. 798.17 of this *:hapter. 798.13 (e) "Mobilehome park rent control" means any ordinance, rule, regulation, or initiative measure, adopted by any city, county or city and county, which establishes a maximum amount that the management of a mobilehome park landlord may charge any tenant or resident for rent. 798.13 (f) "Decontrolling event" as used in Article 4.5 of this chapter shall mean, with respect to any space in a mobilehome park covered by a mobilehome park rent control law as of the effective date of this Measure, the fast to occur of the following after the effective date of this Measure: (i) Any sale, transfer (by foreclosure, operation of law or otherwise), or other change in ownership of the mobilehome (as defined in Section 798.3 of this Chapter); (ii) Any termination of the tenancy of the persons who are tenants in such space by eviction, voluntary vacancy or otherwise; or (iii) Any sub-lease of the mobilehome or space after the effective date of this Measure, provided nothing contained herein is intended to authorize any such sub- lease of the mobilehome or space. Notwithstanding the provisions of subdivisions (1), (ii), and (iii) herein, no decontrolling event shall be deemed to have occurred upon any transfer of ownership of a mobilehome to the conservator, guardian or trustee of a homeowner or to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowners's immediate family), or to a surviving spouse upon the death of the other spouse, or to a spouse or the parent(s) or children of a homeowner. SECTION 4: AMENDMENT OF CHAPTER 2.5 OF DMSION 2 OF CALIFORNIA CIVIL CODE Chapter 2.5 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding a new Article 4.4, as follows: 4 Article 4.4 Tenant Rental Assistance 798.44.1 (a) Any qualified tenant may.apply for and if accepted, shall receive, directly from the management of a mobilehome park in which such tenant resides, a i rental assistance subsidy subject to the terms and conditions provided for in this Article. (b) In the event there is more than one qualified tenant occupying any mobilehome space, such qualified tenants shall be considered together as one qualified tenant for the rental assistance subsidy, and for purposes of section 798.44.4 of this Article, so that no mobilehome space shall be entitled to more than one ten percent (10%) discount from the pre-subsidy monthly rent level. 798.44.2 The provision of the rental assistance subsidy shall be the sole responsibility and obligation of each management of a mobilehome park and neither the State of California nor any governmental agency shall have any responsibility therefor or exercise any authority in connection therewith, except as provided in Section 798.44.6 of this Article. 798.44.3 (a) Each tenant seeking to obtain the rental assistance subsidy shall provide management with an application, together with competent evidence of facts, to prove such tenant is a qualified tenant. Such application and evidence may be submitted at any time during any calendar year up to December 15, for consideration of rental assistance subsidy for the ensuing calendar year commencing in January, or such earlier date as any management of a mobilehome park may elect. The evidence accompanying the application shall consist of ownership and residency in the mobilehome and such income and other information as is customarily required by the governmental agency administering the U.S. Department of Housing and Urban Development Section 8 Very Low Income benefits and such other evidence as is reasonably required; provided, however, that no management of a mobilehome park shall make this application process more burdensome to the tenant than such governmental agency. (b) Each management of a mobilehome park shall, promptly upon receipt of such application and evidence, evaluate the same and reply to such tenant with notice within ten working days of: (i) acceptance, in which case the amount of the rental assistance subsidy and the pre-subsidy monthly rent level shall then be stated; or (ii) rejection, in which case the basis for such rejection shall also be stated. Once a qualified tenant has received a rental assistance subsidy during any part of a calendar year, such rental assistance subsidy shall continue until December 31 of such year, subject to early termination as provided in this Article. 798.44.4 Notwithstanding any other provision of this Article to the contrary: 5 (a)(1) In any jurisdiction in which mobilehome park rent control is in effect, the management of a mobilehome park shall be exempt from the rental assistance subsidy provisions of this Article if, and as long as,-more than ten percent (10%) of the spaces occupied by mobilehomes in such mobilehome park are covered by any form of mobilehome park rent control. (2) In any jurisdiction in-which mobilehome park rent control is in effect, if at any time fewer than ten percent (10%) of the spaces occupied by mobilehomes in a mobilehome park are covered by any form of mobilehome park rent control, the management of a mobilehome park shall be subject to the provisions of this Article and shall be required to provide rental assistance subsidy to a qualified tenant; provided, however, that the management of the mobilehome park shall not be required to provide such rental assistance subsidy if granting the ubsidy would result in more than ten percent (10%) of the spaces in the mobilehome park being covered either by any form of mobilehome park rent control or by the rental assistance subsidy provided by this Article. The priority for granting rental assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. (b) In any jurisdiction in which there is no form of mobilehome park rent control in effect, the management of a mobilehome park shall be required to provide the rental assistance subsidy provided by this Article to qualified tenants representing not more than ten percent (10%) of the spaces then occupied by mobilehomes in such mobilehome park. The priority for granting rental assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. (c) (1) In circumstances in which subdivision (b)(2) or subdivision (c) of this section apply, the management of a mobilehome park shall be required to grant the rental assistance subsidy provided for in this Article to those qualified tenants who are first in time to have been accepted by the management of the mobilehome park into the rental assistance subsidy program. (2) In determining the number of qualified tenants to which the management of a mobilehome park shall be required to provide rental assistance under subdivision (b)(2), the management of the mobilehome park shall determine the number of qualified tenants which represent spaces entitled to the rental subsidy, by subtracting the number of spaces then subject to some form of mobilehome park rent control from the number representing ten percent (10%) of the total number of spaces then occupied by mobilehomes in the mobilehome park. 798.44.5 Any qualified tenant receiving a rental assistance subsidy shall lose the right to such rental assistance subsidy if any of the following events occur: (i) Such tenant fails to pay the monthly rent (as reduced by the rental assistance subsidy) within five days of its due date or (ii) Such tenant no longer qualifies as a qualified tenant for any 6 I reason whatsoever. Upon the occurrance of any such events, the management of a mobilehome park may, upon ten days written notice, terminate such tenant's rental assistance subsidy in which case such tenant may not reapply for rental assistance subsidy for a period of 12 months thereafter. No management of a mobilehome park shall have any obligation to replace a terminated rental assistance subsidy tenant with another qualified tenant until the following calendar year. 798.44.6 Notwithstanding any other provision of law, any qualified tenant aggrieved or damaged by any violation of any of the material terms of this Article may petition the municipal court of the county in which the mobilehome park is located for a judicial determination of his or her rights. Such aggrieved qualified tenant shall be entitled to actual damages consisting of loss of rental assistance subsidy and, if the prevailing party, reasonable attorney's fees and costs. Such aggrieved qualified tenant shall be further entitled to seek injunctive relief, and all such further equitable remedies as are available under Code of Civil Procedure Section 526. 798.44.7 A management of a mobilehome park shall not terminate the tenancy of any tenant, or attempt to do so, or retaliate against any tenant, or attempt to do so, as a proximate result of a request by such tenant for rental assistance subsidy or the exercise of any rights relating thereto as provided in this Article. Any demand by the management of a mobilehome park for rent from any qualified tenant who is receiving or entitled to receive rental assistance subsidy, which demand exceeds the sums which are legally due and owing for rental payments pursuant to this Article, shall constitute a defense to any action brought by the management of a mobilehome park for such excess rent or eviction of the qualified tenant from the mobilehome park for non- payment of such excess rent; provided, however, the management of a mobilehome park may overcome such a defense if the management of a mobilehome park proves by clear and convincing evidence that the granting to such qualified tenant of a rental assistance subsidy deprives the management of a mobilehome park of its constitutional right to a fair return on its property. SECTION 5: AMENDMENT OF ARTICLE 4.5 OF PART 2 OF DIVISION 2 OF THE CALIFORNIA CIVIL. CODE Article 4.5 of Part 2 of Division 2 of the California Civil Code is amended to add the following new Sections 798.46.1, 798.46.2, and 798.46.3 as follows: 798.46.1 No city, county, or city and county, shall, after the effective date of this Measure, (i) enact any new mobilehome park rent control law or (ii) amend or modify any existing mobilehome park rent control law to restrict or control the maximum amount of rent that the management of a mobilehome park may charge for a space in a mobilehome park which is not, by reason of a long term lease or otherwise, restricted or controlled as of the effective date of this Measure. 7 r-- 798.46.2 Every mobilehome park rent control law in effect as of the effective date of this Measure shall be subject to the following provisions: (a) No mobilehome park rent control law shall, on or after January 1 of the year following the effective date of this Measure, with respect to the rent which the management of a mobilehome park may charge for a- mobilehome space within such park, either (i) require that the rent for such space ever be reduced from that in effect as of such January 1 or as of any subsequent date, or (ii) limit any rent increase to an amount which is less than the full annual cost of living increase (California Consumer Price Index ("CCPI") All Items Index, All Urban Consumers (1982-84=100), published by the California Department of Industrial Relations), as measured by the change in such CCPI from the 12-month period ending in the calendar month preceding the date in which a notice of rent increase is given by the management of a mobilehome park at any time, and from time to time after January 1 of the year following the effective date of this Measure. (b) No jurisdiction administering any mobilehome park rent control law shall require the management of a mobilehome park to attend any hearing or submit any information to such jurisdiction so long as management limits the rental increases for any space affected by such mobilehome park rent control law to such full annual CCPI increase as provided in subdivision (a) of this section 798.46.2. (c) No mobilehome park rent control law shall, on or after the effective date of this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a mobilehome space within such park upon a decontrolling event, as defined in Section 798.13 (f). (d) No mobilehome park rent control law shall, on or after the effective date of this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a space within such park which is an exempt space, as defined in Section 798.13 (d). All exempt spaces shall be, for all purposes on or after the effective date of this Measure, exempt from any and all mobilehome park rent control laws. 798.46.3 Any law enacted by the State of California which, as of the effective date of this Measure, restricts or controls the maximum amount of rent that the management of a mobilehome park may charge for a mobilehome park space is hereby declared to be void and of no force or effect upon the effective date of this Measure. The State of California shall not, after the effective date of this Measure, enact any law which restricts or controls the maximum amount of rent that the management of a mobilehome park may charge for a mobilehome park space except in the manner provided in Section 6 of this Measure. 8 SECTION 6: AMENDMENT OR REPEAL OF MEASURE The provisions of this Measure may be amended or repealed by the procedures set forth in this section. If any portion of subdivision (a) is declared invalid, then subdivision (b) shall be the exclusive means of amending or repealing this title. (a) The provisions of this Measure may be amended to further its purposes by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor. (b) The provisions of this Measure may be amended or repealed by a statute that becomes effective only when approved by the electors. SECTION 7: EFFECTIVE DATE The effective date of this Measure shall be the day after the election at which it is approved by the voters. SECTION 8: CONSTRUCTION OF MEASURE The Measure shall be liberally construed to achieve the purposes of this Measure and to preserve its validity. SECTION 9: SEVERABILITY If any provision of this Measure, or the application to any person or circumstances is held invalid or void, such invalidity or voidness shall not affect other provisions or applications which can be given effect without the invalid or void provision or application, and to this end, all of the provisions of this Measure are declared to be severable. SECTION 10: ELECTORS' INTENTION IN THE EVENT OF PASSAGE OF POSSIBLE CONFLICTING MEASURES In the event another Measure to be voted on by the voters at the same election as this Measure, and which constitutes a comprehensive regulatory scheme, receives more affirmative votes than this Measure, the electors intend that any provision or provisions of this Measure not in direct and apparent conflict with any provision or provisions of another Measure, shall not be deemed to be in confect therewith, and shall be severed from any other provision or provisions of this Measure which are in direct and apparent conflict with the provision(s) of another Measure. In such event, the provisions shall be severed according to the provisions of Section 9 of this Measure upon application to any court of competent jurisdiction. 9 GOLDEN STATE MOBILHOME OWNERS LEAGUE (GSMOL) RESOLUTION OPPOSING THE MISLEADING "RENTAL ASSISTANCE" INITIATIVE WHEREAS mobilhome owners in our jurisdiction are overwhelmingly senior citizens and low-income families living on fixed retirement or severly-limited incomes; and, WHEREAS nearly 100 California counties, cities and towns have passed some form of mobilhome rent protection ordinance to safeguard these vulnerable elderly and low-income families from excessive rent increases; and, WHEREAS mobilhome owners are somewhat captive due to the shortage of available mobilhome park rental spaces; WHEREAS this body opposes any statewide pre-emption of local control to make policy responding to the crisis in mobilhome park space rents and availability; and, WHEREAS mobilhome owners often forfeit their only asset, their homes, when they cannot pay excessive rents; and, WHEREAS an initiative now in circulation, misleadingly titled the "Rental Assistance" initiative would void the meaningful protections in those 100 ordinances; and, WHEREAS that initiative is being misrepresented as one which would assist mobilhome owners in meeting their rents, rather than one which would allow mobilhome park landlords to raise rents without restriction; and, THEREFORE BE IT RESOLVED THAT this body opposes the "Rental Assistance" initiative currently in circulation, and directs that such opposition be communicated to the Legislature and the Governor and those advocacy organizations to which we belong. Huntington Beach Mobilehome Owners Association P.O. Box 7975 Huntington Beach CA, 92615 (714) 960-6100 February 7, 1994 The Honorable Daniel E. Lungren Attorney General of California 1515 K Street Sacramento, California 95814 Dear Attorney General Lungren: As I watched the noon news on TV today, I was struck by a story about the crime solution panel that is appearing for the next three days in Hollywood. This group of politicians, including yourself and Governor Pete Wilson, are supposedly enpaneled because you are the most powerful men in the State to bring about solutions to the unspeakable murder and mayhem taking place in our society today. It is prophetic that you and your associates chose to be showcased at the beginning of an election year in the City of make believe! In this day of sophisticated weapons, there are many ways to commit murder and you chose to do it with a fountain pen on January 28, 1994 when you approved an initiative called "The Mobilehome Fairness and Rental Assistance Act". This initiative is not fair and it certainly will not assist anyone living in a mobilehome. This initiative is the most fallacious form of park owner sponsored legislation to come across your desk since you were elected. As an astute member of our Government, I cannot believe that you are not painfully aware that there is no HUD assistance available for anyone for at least the next six years. Even as I write, the list has been closed because the wait is so long. I do not have to point out the other misleading and deceptive points of this initiative because even the most casual observer can see that you have empowered to rich and greedy park owner, who will, in turn take advantage of the very people who made them wealthy. Let me ask you a question. Why do you think that 102 Cities in California have had to seek rent control for mobilehome parks? I can tell you. Because there are no controls or accountability. We do not need more laws. . . .we have Section 798 of the Civil Code. . . .which you do I ot enforce! Meat good is a law that has no penalty when violated? Many Senior Citizens and first time home buyers will lose their homes this year because of outrageous space rents. Ten percent (10%) of the lots in my park are vacant, because people have had to walk away and mail the keys to the Bank. This is not apartment living where you can pack up and move down the street if the rent is too high. We are not "gypsies" who steel away into the night with our "trailers" hitched behind us. Come into the twentieth-century Mr. Lungren. We too, are property owners. Manufactured housing represents an average investment of $47,000.00, or three times the park owner investment in the strip of (mostly) leased land that it sits on. The difference is, that the park owner is sitting on a risk free investment because in the last ten years we have become "hostages" in our own homes. Do you think that $800.00 a month is reasonable for a 32x64 strip of dirt? To that, add a four to six hundred dollar a month mortgage. I know of Senior Citizens who pay $700.00 a month with a Social Security income of less than $1,000.00 a month. Even if HUD assistance were available will a 10% subsidy keep the wolf from the door? I think not! I do not wish to belabor my point, so I will close with this challenge to you. I would like to have an equal opportunity to sit down with you and state some facts that will hopefully alleviate some of your naivete, for I do wish to believe you are naive as opposed to the alternative. Very truly yours, Sandra Cole Secretary/Treasurer Huntington Beach Mobilehome Owners Assn. I ' DONT BE FOOLED BY THE FRAUD! OONT SIGN THE LANDLORDS' RENT-GOUGING INITIATIVE! THE RENT-GOUGING INITIATIVE PRETENDS THAT IT WILL HELP CALIFORNIA'S MOBILHOME OWNERS-- IN FACT, IT WILL LEAD TO EVICTION OF SENIOR CITIZENS FROM THEIR HOMES! CONSIDER THE FACTS: ® Senior citizens who own mobilhomes,but must rent spaces for them in California's mobilhome parks, are under attack by unscrupulous landlords,who wish to raise rents without limit. Now, a few park landlords are sponsoring an initiative to strip thousands of senior citizens of their protection from rent-gouging. ® Living on fixed retirement incomes,mobilhome park senior citizens --many of them widows -- are vulnerable to massive rent hikes by park landlords. ® Nearly 100 California counties, cities and towns have passed rent protection laws to safe guard these defenseless, elderly mobilhomeowners from rent-gouging. ® Because mobilhomeowners have nowhere else to move their homes, they are held hostage to whatever rent the landlords wis"R iv charge. Those wily carmot pay the mnt turf-t-YJI::t is usually their only asset: their homes. LANDLORDS ARE SPENDING HUNDREDS OF THOUSANDS OF DOLLARS TO PAY PETITION CIRCULATORS TO FOOL THE VOTERS INTO ENDORSING A RENT-GOUGING MEASURE THAT WOULD ABOLISH THESE PROTECTIONS. AND THEY CALL IT THE "RENTAL ASSISTANCE" INITIATIVE! DON'T HELP THESE UNSCRUPULOUS OPERATORS. PLEASE DONT BE MISLED HELP PROTECT OUR SENIOR CITIZENS! Paid for by Golden State Mobjlhome Owners For more information. call: 1-800-867-8784 Northern California) or 1-800-537-1455 (Southern California) WHERE ARE JUST A FEW OF THE LIES IN THE LANDLORDS' INITIATIVE: It pretends to be rent assistance, but actually takes that assistance away. It pretends to be fair rent protection,but actually eliminates rent protection. It pretends to have guidelines,but prohibits enactment of any new mobilehome park rent protection ordinance anywhere in California. QUESTIONS AND ANSWERS ABOUT • RENT-GOUGING INITIATIVE 1. Why do we oppose the landlords' rent-gouging initiative? This measure is a fraud. While pretending to assist mobilhome renters, it actually would end mobilhome rent protections and pave the way for eviction of thousands of senior citizens. 2. Who would be hurt by the landlords' rent-gouging initiative? Senior citizens and low-income families across the state,especially where rent protections now exist:Alameda County,Arroyo Grande,Azusa,Calistoga,Capitola,Carpinteria,Carson,Cathe- dral City, Chino, Clovis, Colton, Daly City, Escondido, Fairfield, Fontana, Fremont, Fresno, Hemet, Indio,Lancaster, La Verne,Lompoc,Los Angeles City and County,Merced,Montclair, Moreno Valley, Morgan Hill, Morro Bay, Ontario, Oxnard, Palmdale, Palm Desert, Pomona, Rancho Mirage,Redlands,Rialto,Riverside County,Rohnert Park,Salinas,San Bernardino,San Jose, San Juan Capistrano, San Luis Obispo, San Marcos, Sta. Barbara, Sta. Clarita, Sta. Cruz County, Sta. Paula, Sonoma County, Thousand Oaks, Union City, Upland, Vacaville, Vallejo, Ventura City and County,Watsonville and Yucaipa. 3. I have already signed this initiative due to the fraudulent way it was presented. What can I do to remove my name from this petition? It is a crime to misrepresent the purpose or contents of an initiative,or to intentionally make a false statement as to whether the petition circulator is a paid signature gatherer or a volunteer, or refusing to allow prospective signers to read the measure or petition or Attorney General's summary. Please leave your name, address and phone number with our volunteers. You can write to your County Clerk to ask that your signature be removed from the petition. 4. Doesn't this initiative provide some rental assistance to low-income mobilhome owners? The so-called assistance is a fraud. The initiative takes away current rent protections and pretends by so doing to be helping, rather than harming, mobilhome owners. The landlords' phony "assistance" is limited to no more than ten percent of the park residents, and to a ten percent reduction below average rents in the park. If a park owner has raised the rent $100 per month, a cut of $10 is of little value! FOR MORE INFORMAT 04 COMACT GSMOI, Northern California Soufhs*rn California 1 -800-867-8784 1 -800-537- 1455 ill J."I GH B Olk 7 0 IN I'VE I GH B 0 R Submitted by Don Hunter Phone (714) 650 2815 i Mr.Donsid R.Humor Coarandor O O® 00 O R.pdex t Park Pine Orange County Mobile Home Owners Consumer Advocate 666 W. 19th St., Ste.#1102, Costa Mesa, CA 92667(714)650-2815 C J 00 February 1, 1994 TO: Ron Laramie, President and Members of H.B.M.O.A. 80 Huntington Street, 9461 Huntington Beach, California 92648 FROM: Don Hunter SUBJECT: Withdrawal of Membership and Association of H.B.M.O.A. Be advised I, Don Hunter, Mobile Home Owners Consumers Advocate withdraw my membership and association with H.B.M.O.A. - Huntington Beach Mobile Home Owners Association. Since the association has failed to follow expert advise of legal counsel, namely Attorney Gibbs. This is in regards to implementing and registering the By-Laws of the state as a non-profit organization. Furthermore, to obtain liability and/or non-fault coverage, I cannot jeopardize my position or financially by being involved. My legal advisor has instructed me that I also could be held financially accountable, even though not a resident of a mobile home in Huntington Beach. Remove my name effective as of the date of this letter. Don Hunter Mobile Home Owners Consumers Advocate cc: Huntington Beach City Council