1989-210-Amending The Los Gatos Rental Mediation Regulations To Deregulate Rent Increases On Mobile Home Park VacanciesRESOLUTION NO: 1989 - 210
RESOLUTION AMENDING THE LOS GATOS
RENTAL MEDIATION REGULATIONS
TO DEREGULATE RENT INCREASES ON
MOBILE HOME PARK VACANCIES
WHEREAS, Town Code Section 24.10.025 provides that the Town Council may adopt
regulations to implement the Los Gatos Rental Dispute Mediation and Arbitration
Ordinance; and
WHEREAS, Resolution No. 1985 -144 adopted regulations to regulate rent increases
to new mobile home park residents; and
WHEREAS, the Town Council desires to deregulate rent increases in mobile home
park vacancies.
BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Los
Gatos Rental Medication Regulations are amended as follows:
Section 1.02.01 is amended to read as follows:
Section 1.02.01 - Exceptions of Frequency Limit
Rent should not ordinarily be increased more frequently than annually, but
it may be increased:
a. To pass through the annual regulatory fee at no more than 1 /12th
thereof per month.
b. With the written consent of all affected tenants.
C. At the time of a voluntary vacancy.
d. At the time of a court ordered eviction for violation of a rental
agreement.
Section 1.02.02 is amended to read as follows:
Section 1.02.02 - Increases in Excess of 70% CPI Ceilin
Increases which are in excess of 70% CPI ceiling or 5 %, whichever is greater,
are subject to review with some exceptions. An increase may be subject to
review because the dollar amount has been raised, or services reduced, or
both. The exceptions are:
a. Voluntary Vacancies
If the increase is after the rental unit has been voluntarily vacated by
the tenant. To be vacant, the unit must be untenanted; if a roommate
moves, there is no vacancy, unless the landlord and the tenants have
a prior written agreement that this does create a vacancy. If a tenant
moves after receiving a 30 Day Notice from the landlord, it is not
voluntary. This exception shall apply to the voluntary vacancy of a
mobile home space by all existing tenants as a result of a transfer of
legal ownership of a mobile home where such mobile home remains
on the space. Mobile home owners who leave the park with his or her
mobile home do not constitute a voluntary vacancy.
b. Other Exceptions
If the increase is after the eviction of a tenant by a court for
nonpayment, chronically late payment, or other material violation of
a written rental agreement.
Section 1.03 is amended to read as follows:
Section 1.03 - Limits on Frequency of Increases
Rent may not be raised more than once in any twelve -month period.
It can be raised for a new tenant when the previous tenant moved
voluntarily or was evicted (See Section 1.02.02(b)); however, if it is
raised for the new tenant, it cannot be raised again until the
anniversary date.
BE IT FURTHER RESOLVED that this resolution be effecitve and the Town of Los
Gatos Resolution No. 1985 -144 be rescinded as of December 20, 1989.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 20th day of November, 1989 by the following vote.
AYES: COUNCIL MEMBERS:
NAYES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
;U
CLERK OF THE TOWN OF
a: \cnclrpts \m.bilehm.tcr
SIGNED:
GATOS
3
Joanne Benjamin,
Robert L. Hamilton
Brent N. Ventura
Mayor Thomas J. Ferrito
NONE
NONE
Eric D
OF THE 'OWN OF LOS GATOS