§ 8.57.090. Rent increases—Commission review.

A.

1. In order to implement a rental increase as permitted under Section 8.57.070 of this chapter, the owner must file with the commission a proposed rent schedule on the form provided by the commission. The rent schedule shall show the proposed new maximum rents for each space, calculated in accordance with the provisions of Section 8.57.070 of this chapter.

2.

The owner shall serve each affected tenant, either personally or by mail, with notice of the proposed increase, in accordance with state law, and with notice that a request for approval of same is being filed with the commission. The owner shall file proof of such service with the commission concurrent with the filing of the rental increase request. Copies of the rent schedule, request for increase and supporting documentation shall be available free of charge to any tenant requesting same at the owner's office in the affected mobilehome park.

B.

1.

At its next meeting, but no later than 21 days from the date of filing, the commission shall review the rent schedule for completeness, accuracy and compliance with this chapter. If the commission determines that the schedule is complete, accurate and in compliance with this chapter, it shall approve the schedule and the new rents shall become effective as noticed by the owner.

2.

If the commission determines that the proposed rent schedule is not complete, accurate, or in compliance with this chapter, it shall deny the increase without prejudice, based on the deficiency. It shall inform the owner of the deficiencies and take or direct other appropriate action. If the commission approves an increase lower than that originally noticed by the owner, the same shall be effective as of the date noticed by the owner.

C.

If the owner requests an increase above that allowed by the formula set forth in Section 8.57.070 of this chapter, he shall submit with the rent schedule a request for such increase, together with supporting documentation. The notice and proof-of-service requirements set forth in subsection A of this section shall apply to such request.

D.

The commission shall set a hearing on any request complying with the requirements of this chapter no sooner than 10 days and no later than 21 days after receipt of the request and proof of service. The commission shall send written notice to the owner, who shall post such notice in a conspicuous place, of the time and place set for the hearing. If the commission approves an increase as requested, or lower than requested, the same shall take effect as noticed by the owner or as the commission may otherwise direct.

E.

In any application for rent increase under this chapter, the owner shall indicate which, if any, of the mobilehome spaces are covered by leases or contracts which provide for more than a month-to-month tenancy, together with the expiration date of each such lease or contract. Any rent increase approved by the commission under this chapter shall not be applicable to spaces covered by such leases or contracts during the term of such leases or contracts; provided, however, that in acting upon any application for rental increase hereunder, the commission shall set rents in accordance with this chapter for spaces covered by leases or contracts which shall become applicable to such spaces upon the expiration of each such lease or contract subject to the limitations stated in subsection E of Section 8.57.030 of this chapter.

(Ord. 87-0228 §§ 1 (part), 10, 1987.)