§ 2-194. Information to be supplied to tenants and tenants-to-be.

(a)

Within thirty (30) days after the operative date of the ordinance codified in this section and upon rerenting of each mobilehome space thereafter, the owner shall supply each affected tenant or tenant-to-be with a current copy of this article.

(b)

Whenever the owner serves a notice of rent increase, except a notice of rent increase provided pursuant to Section 2-193(a) of this article, the owner shall at the same time and in the same manner serve the affected tenant or tenant-to-be with a notice that sets forth all of the following information:

(1)

The amount of the rent increase both in dollars and as a percentage of existing rent and documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobilehome spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired;

(2)

The identity of all other affected tenants and the spaces which they rent and a roster of tenants in the park occupying recreational vehicles in place for more than nine (9) months;

(3)

The address and telephone number of the clerk and: (a) the fact that the tenant is encouraged to contact the clerk for an explanation of the provisions of this article; (b) documentation supporting the level of increase is on file with the clerk;

(4)

A copy of the official petition form as prepared and provided by the clerk which initiates the process established by this article;

(5)

In addition, parkowner shall place on file with the clerk two (2) copies of: documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobilehome spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at the offices of the Sonoma County community development commission;

(6)

If applicable, notification that the proposed rent increase exceeds three hundred percent (300%) of the change in the Consumer Price Index, and that arbitration is deemed automatically required by the provisions of Section 2-193(c) without any need to file an arbitration petition. Such notices shall bear the following language: "ARBITRATION OF THE PROPOSED INCREASE IS AUTOMATICALLY REQUIRED IN THIS MATTER BY OPERATION OF LAW." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.

(c)

The park owner shall also serve any tenant-to-be as defined in Section 2-191(x) with a separate "rental option" notice which sets forth the recitations in capital letters set forth in Section 2-196, rights of a "tenant-to-be".

(d)

An owner failing to provide an affected tenant or tenant-to-be and the clerk with the information, documents, and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this article from that tenant nor to any rent increase that might otherwise be awarded by an arbitrator. Such failure by the owner shall be a defense in any action brought by the owner to recover possession of a mobilehome space or to collect any rent increase from the tenant.

(Ord. No. 5101 § 1, 1998: Ord. No. 4919 § 1 (part), 1996: Ord. No. 4811 § 1, 1994; Ord. No. 4733 § 1, 1993: Ord. No. 4567 § 1, 1992: Ord. No. 4307 § 1, 1989: Ord. No. 3910, 1988.)