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HomeMy WebLinkAboutOrdinance 3277 - Relating to sub-Lease for Mobile Homes REQUEST FOR CITY COUNCIL ACTION Date: April 3, 1995 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ray Silver, Assistant City Administrator GlaW Subject: Sub-Lease Ordinance for Mobile Homes Consistent with Council Policy? ( ] Yes [ ] New Policy or Exception 0,Ad & 3A77 Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: On November 21, 1994 City Council directed the City Attorney to draft an Ordinance similar to the City of Capitola as proposed by the Mobile Home Review Committee. At the March 20, 1995 meeting, Council continued this ordinance until April 3rd, and directed staff to revise the Mobile Home Ordinance relating to time limit that residents may sub-let their homes and to be more definitive on what constitutes hardship. Relating to hardship, Paragraph A, "absence from area . . ." has been removed and replaced with"other personal hardship". In Paragraph C, the term, "bankruptcy or foreclosure" has been removed. With relation to the time limit residents would be allowed to sub-lease their homes, Paragraph E has been added, which states: "Such temporary rental authorized by this chapter may not exceed twelve (12) months in any two (2) year period." RECOMMENDATION: Approved introduction of Ordinance Number 3277"Temporary Rental of Mobile Home in mobile home parks". This will allow residents of mobile home parks to sub lease their homes when they are unable to reside in their mobile homes. This ordinance will not impair the obligations of existing contracts between mobile home park owners and mobile home residents. ANALYSIS: The Mobile Home Review committee at their August meeting approved a motion to request Council to direct staff to prepare an ordinance which will provide mobile home owners the ability to sub-lease their homes within mobile home parks. Again at the February meeting of the Mobile Home Review Committee, the committee reviewed the proposed ordinance and were in favor of its content. PAGE 2 OF ABLIEEHOME ORDINANCE •(REVISED � ORDINANCE N0. 3277 C. A non-institutional owner or person in a fiduciary capacity who has received ownership of, or the possessory right to, a mobile home through probate, bankruptcy or foreclosure, or the owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange for occupancy of the mobile home by the owner. D. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home (and the related right to occupy the space upon which the mobile home is located), but not as a co occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner shall provide the park owner with: (1) A copy of the mobile home rental agreement; (2) the true names of all intended occupants and their residential phone number; (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner and the home owner for Space# and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify for occupancy under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I understand that the park owner may directly enforce the within agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authorized by this chapter may not exceed twelve (12) months in any two (2)year period. 17,3s.030 Severabilitv_. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. 2 4ls\Mb1eHome\3/31/95 RLS 94-836 ORDINANCE NO. 3277 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17. 3 8 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES The City Council of the City of Huntington Beach hereby ordains as follows: b SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new Chapter17.3 8 thereto, to read as follows: Chapter 17. 3 8 TEMPORARY RENTAL OF MOBILE HOMES IN MOBILE HOME PARKS 17. 3 8. 010 Findings and Purpose. The City Council finds that various mobile home parks prohibit the owner of a mobile home from renting it for any period of time, and that such non- rental rules from time to time impose hardships on owners of mobile homes who are unable to reside in their mobile homes, but are held liable for the space rental and upkeep of their mobile home while it is vacant and until the mobile home can be sold or otherwise re-occupied. It is the purpose of this Chapter to alleviate hardships on such owners who are unable to reside in their mobile homes by allowing the temporary rental of the mobile home fora reasonable period a,. required for the owner to sell or re-occupy the mobile home. 17. 3 8. 02 0 Temporary Rental of Mobile Home.� t shall be unlawful for any person to prohibit an owner of a mobile home in a mobile home park from renting that mobile home under the following circumstances: A. An owner of a mobile home who has resided therein for at least a one year period prior to the vacancy that necessitates renting the mobile home is unable to continue to occupy the mobile home either temporarily or-permanently by reason of 1) illness, 2) death, or 3) other personal hardship owner of a mobile home who has resided therein for at least a one year period prior t e vacancy that necessitates renting the mobile home can no longer continue to meet the rules of occupancy of a mobile home park by reason of a change of circumstances. 1 `Y 4\c\Mb1eHomel3/28.95 RIS 94-836 ) '+' C. An owner or person in a fiduciary capacity who has received ownership of, or the possessory right to, a mobile home through probate, or the owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange for occupancy of the mobile home by the owner. D.. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home (and the related right to occupy the space upon which the mobile home is located), but not as a co- occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the.exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner shall provide the park owner with: (1) A copy of the mobile home rental agreement._. (2) the true names of all intended occupants and their residential phone number; , (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner and the home owner for Space# and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify for occupancy under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I understand that the park owner may directly enforce the within agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authorized by this cha ter may not exceed twelve(12) months in any two (2)year period. � . 17. 3 8. 0 3 0 Severability. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. ;' z 2 .MMb1eHomel3/28/95 RLS 94-836 c • • �" je CITY OF HUNTINGTON BEACH c INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Gail Hutton, City Attorney DATE: April 3, 1995 SUBJECT: Revised Page for Mobile Home Ordinance City Council Meeting of April 4, 1995 Agenda Item G-2b, Page G-2b.4 Attached hereto is a revised page to the Mobile Home Ordinance as requested by Mayor Leipzig on March 31, 1995. It is scheduled as Agenda Item G-2b for the City Council meeting of April 3, 1995. My understanding is that Dan Bruening of Administration will discuss the new page as part of his staff report at the City Council meeting, and that a"mark up" copy has already been distributed. GAIL HUTTON City Attorney Attachment 1 L ewpage.docW/3/95 RS 9L4-848 RLS 94-853 REVISED PAGE 2 OF&LIEE HOME ORDINANCE ( ) ORDINANCE N0. 3277 C. A non-institutional owner or person in a fiduciary capacity who has received ownership of, or the possessory right to, a mobile home through probate, bankruptcy or _ foreclosure, or the owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange for occupancy of the mobile home by the owner. _D. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home (and the related right to occupy the space upon which the mobile home is located), but not as a co- occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner,shall provide the park owner with: (1) A copy of the mobile home rental agreement; (2) the true names of all intended occupants and their residential phone number; (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner and the home owner for Space# and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify. for occupancy under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I s understand that the park owner may directly enforce the within agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authonz b this may not exceed twelve (12) Xmonths in any two (2)year period. ., -/0 17 17.39.030 Severability. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. 2 4\s\Mb1eHome\3/31/95 RIS 94-836 (REVISED PAGE 2 OF M49LIE HOME ORDINANCE) • ORDINANCE NO. 3277 C. A non-institutional owner or person in a fiduciary capacity who has received ownership of, or the possessory right to, a mobile home through probate, bankruptcy or foreclosure, or the owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange for occupancy of the mobile home by the owner. D. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home (and the related right to occupy the space upon which the mobile home is located), but not as a co occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner shall provide the park owner with: (1) A copy of the mobile home rental agreement; (2) the true names of all intended occupants and their residential phone number; (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner and the home owner for Space# and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify for occupancy under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I understand that the park owner may directly enforce the within agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authorized by this chapter may not exceed twelve (12) months in any two (2) year period. Severability. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. 2 4\s\Mb1eHomel3/31/95 RLS 94-836 ♦ e Background Council reviewed the request from the Mobile Home Review Committee on November 21, 1994 requesting that Council direct staff to prepare an ordinance for the sub-leasing of individual mobile homes by the homeowner within mobile home parks. At the March 20, 1995 Council meeting, the Mobile Home Sub-Letting ordinance was continued to allow staff time to review the ordinance relating to time a person may sub-let their home and to be more definitive concerning hardship. The request was that the only time sub-letting would be allowed is when a hardship exists. FUNDING SOURCE: N/A. ALTERNATIVE ACTION: Deny the ordinance and propose an alternative approach. ATTACHMENTS: 1. The Proposed Ordinance. 2. Continued RCA of March 20, 1995. 3. Approved RCA of November 21, 1994. 4. Memorandum from Attorney's Office dated November 15, 1994. MTU:RS:DEB:ee Rca\sublet.doc -2 - 3/29/95 ORDINANCE NO. 3277 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.38 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES The City Council of the City of Huntington Beach hereby ordains as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new Chapter 17.38 thereto, to read as follows: Chapter 17.38 TEMPORARY RENTAL OF MOBILE HOMES IN MOBILE HOME PARKS 17.38.010 Findings and Purpose. The City Council finds that various mobile home parks prohibit the owner of a mobile home from renting it for any period of time, and that such non- rental rules from time to time impose hardships on owners of mobile homes who are unable to reside in their mobile homes, but are held liable for the space rental and upkeep of their mobile home while it is vacant and until the mobile home can be sold or otherwise re-occupied. It is the purpose of this Chapter to alleviate hardships on such owners who are unable to reside in their mobile homes by allowing the temporary rental of the mobile home for a reasonable period required for the owner to sell or re-occupy the mobile home. 17.38.020 Temporary Rental of Mobile Home. It shall be unlawful for any person to prohibit an owner of a mobile home in a mobile home park from renting that mobile home under the following circumstances: A. An owner of a mobile home who has resided therein for at least a one year period prior to the vacancy that necessitates renting the mobile home is unable to continue to occupy the mobile home either temporarily or permanently by reason of 1) illness, 2) death, or 3) other personal hardship. B. An owner of a mobile home who has resided therein for at least a one year period prior to the vacancy that necessitates renting the mobile home can no longer continue to meet the rules of occupancy of a mobile home park by reason of a change of circumstances. 1 i 4\s\X1b1eHome\4/7/93 RIS 94-836 I C. A non-institutional owner or person in a fiduciary capacity who has received ownership of, or the possessory right to, a mobile home through probate, bankruptcy or foreclosure, or the owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange for occupancy of the mobile home by the owner. D. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home(and the related right to occupy the space upon which the mobile home is located), but not as a co- occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner shall provide the park owner with: (1) A copy of the mobile home rental agreement; (2) the true names of all intended occupants and their residential phone number; (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner and the home owner for Space# and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify for occupancy under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I understand that the park owner may directly enforce the within agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authorized by this chapter may not exceed twelve(12) months in any two (2)year period subject to renewal because of continued hardship. 17.38.030 Severability. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. 2 4\s%1b1eHome\4ni95 RIS 94-836 SECTION 2. This ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 7 j--h day of Apr 1, 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney .r---2 —9S REVIEWED AND APPROVED: ty Administrator 3 4\s\Mb1eHome\4/7/95 RLS 94-836 Ord. No. 3277 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 ordinance was read to said City Council at an regular meeting thereof held on the 3rd of April, 1995, and was again read to said City Council at a regular meeting thereof held on the 17th of April, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Harman, Bauer,Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None f ;he C: of I ��-;nie Broc.uay �� Y CLERK o Ci Huntangf�:n Bey�` •:,nd�:x-nt,;�;o s_l�';r,�i �•p ry of ' _s; ; '•io n City Clerk and ex-officio erk ordinar ce'r:�� P. of the City Council of the City 1n ac car�an+ of Huntington Beach, California —' — City Clerk sGu`/City C��.rk (15) -iUAgency Agenda-4/3I95 G. ORDINANCES G-1. ORDINANCES FOR ADOPTION (None) - G-2. ORDINANCES FOR INTRODUCTION Approve introduction of following ordinances, after City Clerk reads by tale: G-2a.(City Council) ORDINANCE NO 3267 - MASSAGE LICENSING - "AN _ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.24 THEREOF RELATING TO MASSAGE LICENSING." Prepared b Chief of Police. (640.10) clS Qro arr," f-o remove -1500 fee (�-Pp u2D \tvAYkjuc,4*en0- 0 w Y► c-h u� 11 c a,rm e b a c.l- ►n r2 SoL�- o� G-2b.(Ci_ty Council) ORDINANCE NO 3277 - SUB-LEASE OF MOBILE HOMES - "AN ORDINANCE OF THE CITY OF HUNTINGTON 'BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.38 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES." Prepared by Special Projects. .(640.10) Qfrofet�) (aSQ,msLvXoc� TC� Inc%�(2 ar(c[ 7Jon�l ync��liho�l w°� a 5 I'O I owS C�.)S�� 4 ,joc/'ar1v/'f1-1ri/S \ M41 not 2/C aPC�74vPl-Z- (/2) Man{'AS irk any IWO (Z) 7 eAr /f-2Ln-roc svbjg-7— / ,6 c z sf O 3/30/95 9:54 AM (15) r� (REVISED PAGE 2 OF M%LIE HOME ORDINANCE) � ..,�'; ORDINANCE NO. 3277 C. A non-institutional owner or person in a fiduciary capacity-who has received ownership of, or the possessory right to, a mobile home through probate, bankruptcy or foreclosure, or the ear's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange or occupancy of the mobile home by the owner. D. Hereafter, "Renter" refers to the person or persons who.pay rent to the mobile home owner in exchange for the temporary right to reside within the subject mobile home (and. the related right to occupy the space upon which the mobile home is located), but not as a co-- occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of the mobile home park in which the mobile home is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the mobile home owner shall provide the park owner with: (1) A..copy.of the mobile home rental agreement; (2) the true names of all intended occupants and their residential phone num-ber; (3) business phone numbers for all adult occupants who have such numbers; and (4) an agreement signed by all adult occupants which reads as follows: I have received copies of the lease between the park owner-and the home owner for Space # and current park rules. I have read those documents with care. I believe I understand them. I believe that I qualify for occupant y under those rules and the master lease (except for provisions prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that master lease which are relevant to an occupant. I understand that the park owner may directly enforce the within-agreement against me without giving up any rights against the mobile home owner. E. Such temporary rentals authorized by this chapter may not exceed twelve (12) months in any two (2) year period. Severabilitv. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. 2 4\sWb1eHomel3/31/95 RLS 94-836 (15) Page 15 -Council/Agency Agenda-4/3/95 G. ORDINANCES G-1. ORDINANCES FOR ADOPTION (None) G-2. ORDINANCES FOR INTRODUCTION Approve introduction of following ordinances, after City Clerk reads by title: G-2a.(City Council) ORDINANCE NO 3267- MASSAGE LICENSING - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.24 THEREOF RELATING TO MASSAGE LICENSING." Prepared by Chief of Police. (640.10) f�S (�rneyuD�17 Ame(vzrD To REew\ave- t5ao (o- 0 FeE 1RE%GLurzoA/ Td $C- J�)RAPTel G-2b.(City Council) ORDINANCE NO 3277 - SUB-LEASE OF MOBILE HOMES - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.38 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES." Prepared by Special Proiects. (640.10) / p Q-anOve-o anA"`o&uckor% as Q,,-rtD.J pd -/-U 1nC-I {2 Q )Yl9z ynd-il Itn-Fc. W o� as 411 ow5'. (E.)5,,1, -k.nDaea� /'iP�/ n/a1S a& cn%jc�6y 4S c�igP{?i' 11 mgl not/eYc,0Pc//wp/-f- (12-) Mon AAS ip� amy -Iwo (z) 7,ear /p6eLAsW 3v6'c-t o•4 C on4,;rj 3/30/95 9:54 AM (15) RECEIVED OTY CLERK Huntin n Beach omorrow CITY 0' Hx 865 untington Beach CA 92648 APR oe GEGENED FROM THE RECORD S pND MADE A PART OF THE GOUNCILMEET1NGOFCLp 1 2 , 1995 OFFICE KWA PITY CLERK Huntington Beach City Council c,ONN1E ov 2000 Main Street Huntington Beach , CA 92648 Dear Mayor Leipzig and City Councilmembers: Huntington Beach Tomorrow wishes to make the following comments concerning Item G-2b , Ordinance No . 3277-Sublease of Mobile Homes . With the exception of Item E ( and the equivalent statement in Item D ) of the proposed ordinance , Huntington Beach Tomorrow supports the passage of this ordinance and encourages the Council in the strongest possible way to pass it as amended below . Item E would limit the temporary rental period to 12 months in any two year period . Thus a lessee would have to wait one year after a previous one-year rental lease was completed before another rental could be executed . We do not believe this item is in the best interest of , or fair to , the mobile home owner , since the hardship which generated the original need to lease can be expected , and experience dictates often does , last more than a year . This is especially true in the case of illness or death and especially when the ownership may pass to a party who resides out of town . Further , to require a homeowner to continue to pay for rental and upkeep , often amounting to a double payment for living facilities during a hardship , is unfair to the homeowner , especially to more elderly residents and those on fixed incomes . We do not believe that most , if any , mobile home owners wish to lease their mobilehome as a business or money-making opportunity . We believe most and probably all have acquired them as permanent residences and normally would not wish to rent them . There must be , in all fairness , some relief from such potential heavy financial burdens . Even if an owner wished to rent under circumstances other than hardship , there are adequate safeguards in place to the prevent this : a . the ordinance would permit rental only under demonstrated hardship circumstances , would require; b . the lessor must be able to and must comply with all existing park rules and qualify for occupancy under these rules and the 1 l master lease ; ' , c , on noncompliancohe park owner may take anisiecessary direct action against the lessor and mobile home owner to enforce the rules and compliance . It seems that the readily understandable concerns of other park residents about potential occupants of the leased home can be adequately addressed in the necessity of demonstrating continued hardship to continue to lease the home beyond one year and the ability of the park owner or his representative to enforce park rules . We would request one of the following actions with regard to Item E , assuming the safeguards continue to apply and adjusting Item D for conformances necessary: 1 . deletion of the item ( and the year limitation in Item D ) and substitution of the ability to renew the lease at yearly intervals for as long as the demonstrated hardship continues; 2 . substitution of a minimum 2-year lease period with renewal possible , if it can be clearly demonstrated that the hardship is a continuing one . Huntington Beach Tomorrow considers the mobilehome stock in this city to be a valuable part of the low cost housing in the community and , when managed and used properly by both homeowner and park owner , to be a valuable , irreplaceable asset to the community , especially for the elderly , those on fixed income and those younger families starting out who need to establish an equity . The latter is especially valuable in these difficult economic times , if we are to expect younger families to be a part of this community . Thank you for the opportunity to comment on this matter . Sincerely , Mark Porter ) President , Huntington Beach Tomorrow mp/rew 2 REQUEST FOR CITY COUNCIL ACTION i . a Date: March'20, 1995 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator�,��— Prepared by: Ray Silver, Assistant City Administrator WW Subject: Sub-Lease Ordinance for Mobile Homes Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception 0 3 a 7 Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: 3/ao/qs 3�9s 6*4W�e, s Z CQaV,%i, A -,vo STATEMENT OF ISSUE: On November 21, 1994 City Council directed the City Attorney to draft an Ordinance similar to the City of Capitola as proposed by the Mobile Home Review Committee. RECOMMENDATION: Approved introduction of Ordinance Number 3 1777 "Temporary Rental of Mobile Homes in Mobile Home Parks". This will allow residents of mobile home parks to sub lease their homes when they are unable to reside in their mobile home. This ordinance will not impair the obligations of existing contracts. ANALYSIS: The Mobile Home Review Committee, at their August meeting, approved a motion to request Council to direct staff to prepare an ordinance which will provide mobile home owners the ability to sub-lease their homes within mobile home parks. Again at the February meeting of the Mobile Home Review Committee, the Committee reviewed the proposed ordinance and were in favor of its content. Background Council reviewed the request from the Mobil:Home Review Committee on November 21, 1994 requesting that Council direct staff to prepare an ordinance for the sub-leasing of individual mobile homes by the homeowner within mobil_-home parks. The request was that the only time sub letting vould be allowed is when a hardship exists. FUNDING SOURCE: N/A ALTERNATIVE ACTION: Deny the ordinance and propose an alternative approach. ATTACHMENTS: 1. The proposed ordinance. 2. Approved RCA of November 21, 1994 3. Memorandum from Attorney's office dated November 15, 1994. MTU:R.S.:DEB:ee Rca\sublet.doc -2 - 3/1/95 J� ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17-3:8THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES The City Council of the City of Huntington Beach hereby ordains s follows: SECTION 1. The Huntington Beach Municipal Code is her y amended by adding new Chapter 17. 38 thereto, to read as follows: Chapter 17. 8 TEMPORARY RENTAL F MOBILE HOMES IN MOBILE ME PARKS 17. 3 8. 0l 0 Findings and Purpose. The ity Council finds that various mobile home parks prohibit the owner of a mobile home fro enting it for any period of time, and that such non- rental rules from time to time impose ha ships on owners of mobile homes who are unable to reside in their mobile homes, but are h d liable for the space rental and upkeep of their mobile home while it is vacant and until the obile home can be sold or otherwise re-occupied. It is the purpose of this Chapter to alleviate ardships on such owners who are unable to reside in their mobile homes by allowing the tern orary rental of the mobile home for a reasonable period required for the owner to sell or -occupy the mobile home. 17. 3 8. 0 2 0 Temporary Re al of Mobile Home. It shall be unlawful for any person to prohibit an owner of a mobile home i a mobile home park from renting that mobile home under the following circumstances: A. An owner f a mobile home who has resided therein for at least a one year period prior to the vacancy that ecessitates renting the mobile home is unable to continue to occupy the mobile home either tem orarily or permanently by reason of 1) illness, 2) death, or 3) absence from the area for other than vacation purposes. "Absence from the area" means establishing a temporary or perman nt primary domicile more than thirty (30) miles from the mobile home for an intended period o at least sixty(60) days. B. An wner of a mobile home who has resided therein for at least a one year period prior to the vaca y that necessitates renting the mobile home can no longer continue to meet the rules of occupan y of a mobile home park by reason of a change of circumstances. 1 4\04bleHome\3/1/95 RLS 94-836 t C. An owner or person in a fiduciary capacity who has received ownership of;or the possessory right to, a mobile home through probate, bankruptcy, or foreclosure, or the/owner's incapacity, and requires time to arrange for the sale of the mobile home, or to arrange/for occupancy of the mobile home by the owner. D. Hereafter, "Renter" refers to the person or persons who pa rent to the mobile home owner in exchange for the temporary right to reside within the su 'ect mobile home (and the related right to occupy the space upon which the mobile home is cated), but not as a co- occupant with the owner. Any renter of a mobile home must meet 11 the rules of occupancy of the mobile home park in which the mobile home is located with a exception of any rule which directly or indirectly prohibits, in conflict with this section, t temporary rental of a mobile home for up to one year. Prior to the mobile home renter's takin occupancy, that renter and the mobile home owner shall provide the park owner with- (1) A copy of the mobile home re al agreement; (2) the true names of all intend e occupants and their residential phone number; (3) business phone numbers or all adult occupants who have such numbers; and (4) an agreement signed y all adult occupants which reads as follows: I have received c pies of the lease between the park owner and the home owner for Spac # and current park rules. I have read those documents wi care. I believe I understand them. I believe that I qualify for occupan under those rules and the master lease (except for provisions prohibiting ubleasing). I agree to abide by those Park Rules and to meet all obligations d of that master lease which are relevant to an occupant. I unersta d that the park owner may directly enforce the within agreement against a without giving up any rights against the mobile home owner. 17. 3 8. 0 3 0 Severability. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapte/which can be given affect without the invalid provision or application, and to this end the provisions of this Chapter are severable. SECTION 2. This ordinance shall become effective thirty (30) days after its adoption. 2 4\s\Mb1eHome\3/1/95 RLS 94-836 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk t �rne-5 �� i1ZSl9T REVIEWED AND APPROVED: MTIATED AND APPROVED: City Administrator Director f Special Projects 3 4\s\.'vlbleHome\1/2 5/95 RLS 94-836 REQUEST FOR COUNCIL AC ION November 21, 1994 kPPROVKMB�y Submitted to: Honorable Mayor & City Council Member CITY COUNCIL Submitted by: Michael T. Uberuaga, -City Administrator av_� A 192t Prepared by: Mike Adams, Director of Special Projects Subject: Mobile Home Review Committee Request for Council Consideration of City Sub-Lease Ordinance Consistent with Council Policy? Yes New Policy Statement of Issue, Recommendation, Analysis, Funding Source, Alternate Actions, &Attachments ,01rie,;4rW e 'er hL�v/ic� * reAerli o-,;r7dat- 7'0 0,"1 7 4)e CaPI'7b10- STATEMENT OF ISSUE: The Mobile Home Review Committee is requesting that Council consider directing staff to prepare an ordinance for the sub-leasing of individual mobile homes by the homeowner within mobile home parks. RECOMMENDATION: Staff is seeking Council direction on this Mobile Home Review Committee's request for new legislation. ANALYSIS: The Mobile Home Review Committee at their August meeting approved a motion to request Council to direct staff to prepare an ordinance which will provide mobile home owners the ability to sub-lease their homes within mobile home parks. Committee member Ron Laramie proposed the following language: "Whereas, in order t o avoid undue hardship for mobile home.owners, for a variety of reasons, and to assure a continuity of income for mobile home park owners, the Mobile Home Review Committee hereby recommends that the City Council adopt legislation that will guarantee all mobile home owners in the city the right to sub-let their homes provided that the sub-lessee meets the residency qualification requirements as set forth in Section 798 of the California Civil Code. The sub-lessor shall observe the same restrictions and authorities, in relation to the sub-let unit, as are provided for park managers and park owners pursuant to Section 798 of the California Civil Code." PAGE 2 After a great deal of discussion, the Committee approved the proposed language. The Committee continued discussion on this issue at the September meeting. The City Attorney's office provided the Committee with an opinion on the issue, which stated that the city has no authority to regulate mobile home park contracts or conditions. However, the city has the power to enact local regulations which provide for sub-leasing provisions. The Committee then reviewed an ordinance from the city of Capitola which allows for temporary rental of mobile homes in mobile home parks. The Committee discussion on this issue continued at the October meeting. The Committee once again had a great deal of discussion on this topic. At the conclusion of the discussion, the Committee approved a motion to amend their original recommendation on sub-leasing to include provisions for strict monitoring programs and to permit sub-leasing only on a temporary basis in emergency situations. Therefore, the Mobile Home Review Committee is requesting that the City Council direct staff to prepare for public hearing an ordinance of the city of Huntington Beach to provide for the right for individual mobile home owners to sub-lease their homes in mobile home parks in emergency situation for a temporary period of time. FUNDING SOURCE: Staffs time and material costs will be drawn from the city's General Fund. ALTERNATE ACTIONS: Deny the,request and propose an alternative approach. ATTACHMENTS: 1. Memorandum from the Attorney's office dated November 15, 1994. 2. Ordinance of the city of Capitola. 3. Letter from Terry R. Dowdall, Attorney for the Orange County Mobile Home Educational Trust dated September 26, 1994. 4. Letter from Golden State Mobile Home Owners League, Inc. Dated October 24, 1994. MA:lp 0 _rqLV-44"Ie CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MIKE ADAMS, Director of Special Projects FROM: GAIL HUTTON, City Attorney DATE: November 15, 1994 SUBJECT: Regulations of Mobilehome Park Rental Agreement Provisions RLS 94-691 BACKGROUND Mobilehome owners are may be subjected to financial hardships when they are not permitted to sub-lease their homes. Several owners have asked the city to investigate the legality of allowing sub-leases. ISSUE May the city can pass an ordinance permitting sub-leasing of mobilehomes without violating the Mobilehome Residency Law (MLR)? ANSWER Yes. DISCUSSION The law relating to mobilehomes, known as the Mobile Home Residency Law(MLR) is codified in Civil Code §§ 798 et seq. As to the matters covered therein, the state has pre-empted local regulations. However, these sections are not all-embracing in their coverage. For instance, In Palos Verdes Shores Mobile Estates v. Los Angeles, 142 Ca1.App.2d 362, 190 Cal.Rptr. 866 (2d Dist. 1983), the court ruled that the MLR"while covering some aspects of the relationship between mobilehome residents and mobilehome park owners, cannot reasonably be said to constitute a general and pervasive legislative scheme for the regulation of all aspects of mobilehome parks and residents. There is also no basis for concluding that the legislation shows a legislative intent to make the subject of mobilehome parks immune from local legislation." Id. at 873. G:PDA:mblhome 1\11/15/94 RLS 94-691 Mike Adams November 15, 1994 Page 2 On the specific issue of sub-leasing, the MLR is expressly neutral. Civil Code § 798.23(c) providesthat this section"shall not affect in any way, either to validate or invalidate, nor does this section express a legislative policy judgment in favor of or against, the enforcement of a park rule or regulation which prohibits or restricts the subletting of a mobilehome park space by a tenant." Therefore, park owners and homeowners are free to reach an agreement on permitting or disallowing subletting, as is the position at common law. However, this does not preclude the city from intervening in the matter and enacting a local ordinance that specifically permits subletting of mobilehomes in all areas within its control. CONCLUSION The city has the power to enact.a local regulation permitting subletting by mobilehome owners. To safeguard park owners rights it is suggested that the ordinance clarify that the homeowner is secondarily liable in case the sub-lessee defaults. Naturally, the city cannot enact an ordinance that will impair the the obligations of existing contracts (U.S. Constitution, Article 1, Section 10). Thus, any ordinance enacted would have to be prospective in nature. GAIL HUTTON City Attorney G:PDA:mblhome 1\11/15/94 RLS 94-691 �4"Je CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MIIKE ADAMS, Director of Special Projects FROM: GAIL BUTTON, City Attorney DATE: November 15, 1994 SUBJECT: Regulations of Mobilehome Park Rental Agreement Provisions RLS 94-691 BACKGROUND Mobilehome owners are may be subjected to financial hardships when they are not permitted to sub-lease their homes. Several owners have asked the city to investigate the legality of allowing sub-leases. ISSUE May the city can pass an ordinance permitting sub-leasing of mobilehomes without violating the Mobilehome Residency Law(MLR)? ANSWER Yes. DISCUSSION The law relating to mobilehomes, known as the Mobile Home Residency Law(MLR) is codified in Civil Code §§ 798 et seq. As to the matters covered therein, the state has pre-empted local regulations. However, these sections are not all-embracing in their coverage. For instance, In Palos Verdes Shores Mobile Estates v. Los Angeles, 142 Cal.App.2d 362, 190 Cal.Rptr. 866(2d Dist. 1983), the court ruled that the MLR"while covering some aspects of the relationship between mobilehome residents and.mobilehome park owners, cannot reasonably be said to constitute a general and pervasive legislative scheme for the regulation of all aspects of mobilehome parks and residents. There is also no basis for concluding that the legislation shows a legislative intent to make the subject of mobilehome parks immune from local legislation." Id. at 873. G:PDA:mblhome 1\11/15/94 RLS94-691 Mike Adams November 15, 1994 Page 2 On the specific issue of sub-leasing, the MLR is expressly neutral. Civil Code § 798.23(c) provides that this section"shall not affect in any way, either to validate or invalidate, nor does this section express a legislative policy judgment in favor of or against, the enforcement of a park rule or regulation which prohibits or restricts the subletting of a mobilehome park space by a tenant." Therefore, park owners and homeowners are free to reach an agreement on permitting or disallowing subletting, as is the position at common law. However, this does not preclude the city from intervening in the matter and enacting a local ordinance that specifically permits subletting of mobilehomes in all areas within its control. CONCLUSION The city has the power to enact a local regulation permitting subletting by mobilehome owners. To safeguard park owners rights it is suggested that the ordinance clarify that the homeowner is secondarily liable in case the sub-lessee defaults. Naturally, the city cannot enact an ordinance that will impair the the obligations of existing contracts(U.S. Constitution, Article 1, Section 10). Thus, any ordinance enacted would have to be prospective in nature. GAIL HUTTON City Attorney GTDA-mblhomehl 1/15/94 RLS 94-691 20 ( �q5 J DOWDALL LAW OFFICES �-�e 62A TERRY R. DOWDALL A T T O R N E Y S A T L A W TERRY R.DOWDAu,ESQ. AREA CODE 7W 2030 EAST FOURTH STREET TELEPHONE 558.6225 SUITE W FAalMILE 556,6252 SANTA ANA,CALIFORNIA 94705-3020 CABLE.MHPLAW IN REPLY RIFea To. September 26, 1994 RECEIVED FROM�� AND MADE A PART OF THE RECORD AT \� THE COUNCIL MEETING TYZL 3 t �OFFICE OF THE o- s- CONNIE BRO&WAY,CITY CLERK Mr. Michael R. Uberuata City Administrator City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 RE: Subleasing Prohibition in California Mobilehome Parks Dear Mr. Uberuata: These offices represent the Orange County Mobilehome Educational Trust ( "MHET�)'. I am writing in response to a recent request to provide pertinent information regarding the right of a mobilehome park owner to prohibit the subleasing of mobilehomes . The right to prohibit subleasing is unquestionable. The right to prohibit subleasing is based both on the Mobilehome Residency Law (Civil Code §§ 798 et seq. ) and the common law. Moreover, there are very important practical considerations for prohibiting the subleasing of mobilehomes. The legal right to forbid subleasing is found in the Mobilehome Residency Law, Civil Code § 798 . 70 states as follows: "A homeowner, . . .may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with..the management, may advertise the rental of his or her mobilehome, . . . " Civil Code § 798 . 70 . Thus, the State Law regulating the rights and duties of mobilehome park owners and tenants expressly permits the mobilehome park owner to prohibit the subleasing of mobilehomes in a park Moreover, it has always been the law that a landlord, generally, may prohibit subleasing of residential property. Mr. Michael T. Uberuata City Administrator City of Huntington Beach September 26, 1994 Page 2 The practical reasons for prohibiting mobilehome park subleasing are several. First and foremost, community spirit and pride in ownership sometimes diminishes when subleasing is permitted. Equally important is the loss of a sense of a cohesive neighborhood when sublessees without ownership stake in the mobilehome reside in the park. Additionally, park management may be compromised in efforts to require compliance with Rules and Regulations and other "good neighbor" park policies. Finally recent case law upholds the right of park management. to prohibit subleasing. In some other municipalities, indeed, subleasing has been barred by municipal ordinance because of the potential for mischief which can be engendered. For all the foregoing reasons, it is clear that park management is statutorily and legally entitled and empowered to prohibit subleasing. Thank you kindly for your attention to the foregoing matter. My client and I desire to provide any further information or documentation which may be requested. Please feel free to contact the undersigned if I may be of any further assistance in this matter. Very truly yours, Ar-Terry R. Dowdall For DOWbALL LAW OFFICES TRD/bs cc: MHET TOTAL P.03