COUNTY COUNSEL IMPARTIAL ANALYSIS
MOBILE HOME PARK SPACE RENT STABILIZATION INITIATIVE ORDINANCE

If approved by a majority of the voters, Measure V would adopt an ordinance to regulate rent increases for spaces in mobile home parks with ten or more spaces in the unincorporated area of Humboldt County. Five types of rent increases are allowed:

1) An annual Consumer Price Index adjustment equal to the percentage increase as of January 30th of each year over that reported for the prior year. The County would calculate the allowable annual increase each year beginning in 2017. The County would post the amount, list it on its website, and mail notice to each mobile home park owner and to an elected tenant representative in each park. The park owner may implement the increase each year by giving the legally required notice, or bank the increase to be added to the rent at a future date by giving notice of the decision to defer the increase.

2) Civil Code section 798.17 exempts from local rent control mobile home park leases to home owners for their personal residence with terms in excess of 12 months and meeting other specified criteria. Upon the expiration of such a lease, the base rent for any future rent increases shall be the rent in effect as of that date.

3) Rent increases allowable upon sale or transfer of a mobile home to a new owner with the home to remain in place in the same space are limited to five percent (5%). No increase would apply if title passes to a parent, sibling, child, niece or nephew of the prior owner or someone who was a lawful, authorized resident of the mobile home.

4) The ordinance presumes that net operating income in the base year provides the park owner with a fair return. The ordinance provides standards for a determination that would allow the park owner to rebut the presumption. The ordinance specifies a detailed process to determine the amount of any fair return adjustment that should be allowed. The park owner, tenants, and their representatives have a right to a hearing before an impartial hearing officer to make that determination.

5) Rent increases for new capital improvements to the park are allowed after consultation with mobile home owners as to the nature and cost of the improvements, with written consent of 50% + 1 of the mobile home owners.

Tenants may also request a rent reduction if services provided by the park are reduced.

The County may charge up to $5.00 per month administrative fee for each occupied space to pay the County costs of the program. Park owners would collect the fee and remit to the County quarterly.

Measure V was placed on the ballot as the result of an initiative petition signed by the requisite number of voters, as certified by the Registrar of Voters, on July 20, 2016. The Humboldt County Board of Supervisors elected to place the measure on the ballot on August 9, 2016. All registered voters in the county will be eligible to vote.

The above statement is an impartial analysis of Ordinance or Measure V. If you desire a copy of the ordinance or measure, please call the election official’s office at (707) 445-7481 and a copy will be mailed at no cost to you. You may also access the full text of the measure on the county Web site at the following Web site address humboldtgov.org/elections.