Daly City |
Code of Ordinances |
Title 2. ADMINISTRATION AND PERSONNEL |
Chapter 2.52. MOBILE HOME RENT REVIEW COMMISSION |
§ 2.52.050. Initiation of commission review and hearing process.
A.
Upon the written petition of more than fifty percent of the tenants of any mobile home park exceeding twenty-five spaces who will be or have been, within a ninety-day period, subject to a rental or service charge increase, the commission shall hold a hearing no sooner than ten days and no later than thirty days at a place and time to be set by the commission, to determine whether or not the rental or service charge increase is so great as to be unconscionable or an unreasonable increase. A reasonable continuance may be granted if stipulated to by both parties or at the commission's discretion.
B.
The petition shall be accompanied by a cash deposit in the sum of three hundred dollars, all or part of which may be assessed against the petitioners for costs pursuant to Section 2.52.040(H). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the commission.
C.
Upon receipt of the petition, the commission shall notify the park owners, in writing, of the petition and shall require from the respondents a like cash deposit in the sum of three hundred dollars, all or part of which may be assessed against the respondents for costs pursuant to Section 2.52.040(H). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the commission.
D.
All rent review hearings shall be open to the public.
E.
All parties to a hearing may have assistance in presenting evidence or in setting forth by argument their position from an attorney or such other person as may be designated by the parties.
F.
In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, the commission may hear and review such evidence as may be presented and make such decisions just as if both parties had been present.
G.
The commission shall make a final decision no later than ten days after the conclusion of its hearing on any petition. No rent adjustment shall be granted unless supported by the preponderance of evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the board's decision and a copy of the findings upon which the decision is based.
H.
Pursuant to the findings, the commission may require the owner to:
1.
Reduce the rental or service charges to a rate to be determined by the commission;
2.
Continue the rental or service charges as they existed under the former lease or rental arrangement; or
3.
To increase the rental or service charges to a rate set by the commission or to the rate requested by the park owner.
I.
Any rental or service charge increases which have been collected by an owner pursuant to an increase which is the subject of a petition for hearing, and which is later determined by the commission to have been excessive, shall be either returned to the tenants or credited to future rental charges.
J.
In evaluating the rent increase proposed or effected by the park owner, the commission shall consider increased costs to the owner attributable to increases in utility rates and property taxes, insurance, advertising, governmental assessments, costs of living increases attributable to incidental services, normal repair and maintenance, capital improvements, upgrading and addition of amenities and services as well as fair rate of return not to exceed nine and one-half percent on investment.
K.
The conclusions and findings of the commission shall be final and there shall be no appeal of rights to the council.
(Ord. 921 § 4, 1980)