§ 2-190. Findings and purpose.

(a)

In 1985, the board of supervisors recognized that a serious problem of rapidly increasing mobilehome park space rents existed in the unincorporated areas of Sonoma County. In 1986, the board retained an experienced consultant, Connerly and Associates, Inc., to conduct a market survey of mobilehome parks and mobilehome park residents in the county.

(b)

In January, 1987, Connerly and Associates, Inc., submitted to the board a written report detailing their findings, which were as follows:

(1)

The majority of mobilehomes in the county are located in rented spaces in mobilehome parks.

(2)

In the unincorporated area of the county, there are seventy-five (75) mobilehome parks containing three thousand six hundred fifty-nine (3,659) spaces (in 1986).

(3)

Mobilehomes in mobilehome parks provide an important alternative form of housing for a substantial number of county residents.

(4)

The majority of mobilehome park residents are age sixty-five (65) or older.

(5)

The median income of mobilehome park residents in unincorporated county areas is fourteen thousand dollars ($14,000.00)/year, which is defined by the U.S. Department of Housing and Urban Development as "lower" income (in 1986).

(6)

In the unincorporated county areas, about forty-three percent (43%) of mobilehome park residents are defined as "very low" income recipients according to the HUD definition of that term (in 1986).

(7)

Seventy percent (70%) of mobilehome park resident households have at least one retired member whose primary source of income is social security payments.

(8)

During the past three (3) years, median mobilehome park space rents have increased by eighteen and one-tenth percent (18.1%).

(9)

A majority of mobilehome park residents in the county pay more than twenty-five percent (25%) of their income for housing.

(10)

A large majority of mobilehome park residents own the mobilehomes which they occupy and many of these residents have substantial loan payments to meet in addition to rent payments.

(11)

The median estimated sales value of a mobilehome in a mobilehome park exceeds thirty thousand dollars ($30,000.00).

(12)

Many mobilehome park residents were born in Sonoma County or have lived in the county for ten (10) years or more.

(13)

The vacancy rate among mobilehome park spaces is 0.3 percent (in 1986).

(14)

The cost of moving a mobilehome is in the range of two thousand nine hundred dollars ($2,900.00) to four thousand dollars ($4,000.00) or more (in 1986).

(c)

The board of supervisors reviewed the above conclusions on March 16, 1987 and found them to be true and correct. In reviewing a new rent control survey prepared by Connerly and Associates in early 1992, the board of supervisors continues to find a profound need for continued mobilehome space, and, in special circumstances, recreational vehicle space rent control. The board of supervisors finds the 1992 survey, its data and its conclusions to be true and correct, and takes particular note of the following:

(1)

Mobilehomes and manufactured housing have represented an affordable form of shelter to millions of Californians with modest incomes. This has been especially true for elderly persons living on fixed social security or retirement incomes.

(2)

A vacancy rate of 1.2 percent in 1991 and vacancy rates of typically one percent or less over the past five (5) years have given mobilehome parkowners a virtual oligopoly where market forces do not influence space rental pricing.

(3)

Typical moving costs for mobilehomes from one mobilehome park to another (if vacant spaces could be located) range from approximately five thousand dollars ($5,000.00) to nine thousand four hundred dollars ($9,400.00) depending upon the size of the mobilehome.

(4)

The average annual rent increase proposed by park owners between 1987 and 1991 was 13.2 percent per annum. Pursuant to the rent stabilization ordinance, on average less than half the proposed percentage rent increase was authorized during those years.

(5)

Persons over sixty-five (65) comprised over half of the mobilehome park population.

(6)

Of those survey respondents reporting their level of income, forty-three percent (43%) were very low-income (fifty (50) percent or less of the median county income), and twenty-seven percent (27%) were lower-income (fifty percent (50%) to eighty percent (80%) of the median county income).

(7)

Few residents reported substantial assets which they could draw upon to meet future housing expenses. Fewer than half of the respondents had thirty thousand dollars ($30,000.00) or more in assets (excluding the value of their mobilehomes).

(8)

Under the county's voluntary mediation program between 1985 and 1987, park owners proposed annual rent increases averaging 9.6 percent, nearly four times the rate of general price increases according to the CPI for Sonoma County. After mandatory arbitration was established, and the current rent control ordinance adopted, requested rent increases were generally twice or more of the approved rent increases. Approved rent increases, on the average, began to mirror the CPI.

(9)

The mobilehome space rent stabilization program has succeeded in its broad objectives and should be expanded to address additional problem areas.

(10)

The board of supervisors finds that it would be desirable to include long-term recreational vehicle space tenants in mobilehome parks under the rent stabilization program. Such tenants in mobilehome parks appear to be similarly situated to mobilehome tenants except for the vehicular character of their dwellings. Although mobile, recreational vehicles in mobilehome parks are "trapped" by the low vacancy rate within mobilehome parks. Transient recreational vehicle parks are not amenable to the type of permanent residency needs of permanent recreational vehicle space tenants.

(11)

The board of supervisors finds that it would be desirable to provide prospective mobilehome park tenants with an option to choose between a long-term lease and a periodic tenancy of less than one year in duration. The terms offered under typical long-term leases by some parkowners are excessively long, oppressive, one-sided adhesion agreements. Such an option furthers a legitimate governmental objective and is not in conflict with or preempted by state law.

(12)

The board of supervisors finds that, on average, several dozen mobilehomes are sold or offered for sale each year in Sonoma County. The sale of these mobilehomes on site subjects mobilehome coach owners to unreasonably suppressed resale rates due to oppressively high rental adjustments upon rent decontrol. The board of supervisors finds that it would be desirable to provide vacancy control in its rent stabilization program as hereunder provided.

(13)

The need for effective and fair mobilehome park space rent stabilization continues to exist in Sonoma County in 1992 as it did in 1986.

(d)

The purpose of this article is to stabilize the rate of mobilehome park space rental in order to:

(1)

Prevent exploitation of the shortage of vacant mobilehome park spaces;

(2)

Prevent excessive and unreasonable mobilehome park space rent increases;

(3)

Rectify the disparity of bargaining power which exists between mobilehome park residents and mobilehome park owners;

(4)

Provide mobilehome park owners with a guaranteed rate of annual space rent increase which accurately reflects the rate of inflation and increases in their expenses; and

(5)

Provide a process for ensuring mobilehome park owners a fair, just and reasonable rate of return on their parks in cases where the guaranteed annual space rent increase provided by this article proves insufficient.

(e)

Based upon additional insights, it also seeks to:

(1)

Provide continued rent control through the transfer of a mobilehome-on-site (i.e. on the mobilehome pad) to a new mobilehome owner to prevent exploitative rental increases that took place when vacancy decontrol was tried in earlier versions of this article;

(2)

Provide space rent stabilization protection to tenants of recreational vehicles occupying spaces in mobilehome parks for more than nine (9) months in recognition of the special status conferred by the Recreational Vehicle Park Occupancy Laws to such long-term residencies under Civil Code Section 799.45(b) and their similarity to mobilehome tenancies.

(3)

Provide options in the duration of tenancies to prospective mobilehome tenants to prevent oppressive adhesion contracts from being imposed upon new park tenants.

(Ord. No. 5101 § 1, 1998: Ord. No. 4919 § 1 (part), 1996: Ord. No. 4733 § 1, 1993: Ord. No. 4567 § 1, 1992: Ord. No. 4307 § 1, 1989: Ord. No. 3910, 1988.)