§ 8.57.070. Rent increases—Computation and determination.

A.

Formula Increases. Mobilehome park base rents and space rents may be increased by no more than 75 percent of the percentage change in the CPI for the applicable CPI adjustment period, or by no more than eight percent per year, whichever is less. Increases in user fees shall be subject to the same limitation. Increases in user fees for coin-operated devices owned by the owner may accumulate to accommodate the capacity of the devices so long as the total increase is within the limits.

B.

Increases which satisfy the formula requirements shall be approved by the commission as a matter of course, subject to the provisions of subsection B of Section 8.57.140 of this chapter.

C.

Calculation of the one-year limitation on rental increases herein shall be from the date the last increase became effective at the particular mobilehome park.

D.

Owner Costs to be Passed Through to Tenant. Tenant shall pay to owner, on the herein described terns, no less than 60 days after owner has notified tenant in writing, the following increased costs of owner, to be passed through to tenant as separately listed items on monthly statement:

1.

Government Required Services.

a.

For the purposes of this chapter, "government required services" shall be defined as services required by governmental agencies which are new or in addition to those services legally required to be provided by owner to tenant or to the mobilehome park on January 29, 1988, the effective date of the ordinance codified in this chapter.

b.

Such services include fees, bonds, assessments, and charges legally levied by an agency of federal, state or local government upon the owner. Such services do not include predictable expenses for operation of the mobilehome park, such as common-area utilities expenses or expenses which maintain the safe and healthful use of mobilehome park facilities.

c.

The owner's actual out-of-pocket costs of providing governmentally required services may be passed through to the tenant upon 60 days' written notice, using the following formula: Amount actually paid by the owner, divided by the total number of spaces in the mobilehome park, divided by 12 months, equals the monthly sum for government-required services to be passed through to the tenant. Notwithstanding the formula described above, only those costs of providing governmentally required services in the 12 months immediately preceding the proposed pass-through shall be reimbursed to the owner by the tenant in the manner herein described. The owner shall pass-through to the tenant only those costs for governmentally required services which are not reimbursed to the owner by insurance or other sources.

2.

Real Property Taxes. For the purpose of this chapter, "real property taxes" means and shall be defined as county taxes levied against the assessed valuation of the mobilehome park which are normally payable to the county tax collector pursuant to state law on the tenth day of December and on the tenth day of April of each calendar year. Such taxes shall not include the owner's income taxes or assessments subject to pass-through to tenant as "government-required services." New real property taxes assessed to the owner as a result of new construction or remodeling of the mobilehome park's common areas after January 29, 1988, the effective date of the ordinance codified in this chapter, shall be passed through to the tenant in the same manner as other real property tax increases. In the event that the owner's real property taxes increase in excess of two percent over the taxes levied for the preceding county fiscal year, the amount of the increase in excess of two percent may be passed through to the tenant upon 60 days' written notice, using the following formula: Amount actually paid by the owner for increased real property taxes in excess of two percent over previous year, divided by the total number of spaces in the mobilehome park, divided by 12 months, equals the monthly sum for increase in real property taxes to be passed through to the tenants. Increased taxes as a result of transfer of "change of ownership," as defined pursuant to Article XIII A of the California Constitution, will not be passed through to the tenants.

E.

Equalization Adjustment. Not later than 30 days after January 29, 1988, the effective date of the ordinance codified in this chapter, an owner may apply for an adjustment to the base rent for individual spaces where adjustment is necessary to correct inequities caused by the rent freeze imposed as of December 31, 1984. The application shall state the reasons why the base rent was not equal to that charged comparable spaces.

(Ord. 87-0228 §§ 1 (part), 8, 1987.)