§ 4.01.010. Statement of purpose.

A.

Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparations. Additionally, the cost of moving a mobile home is substantial, and the risk of damage is significant.

The result of these conditions is the creation of a captive market of mobile home owners. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home owners in favor of the park owners.

B.

Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, exorbitant rent increases fall upon these individuals with particular harshness. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself.

C.

This council finds and declares its necessity to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental increases while simultaneously recognizing and providing for a method by which park owners can receive reasonable rental increases.

D.

The city council has determined that park owners are not providing homeowners the option of a short-term rental agreement, have coerced homeowners into signing leases and are requiring prospective mobile home owners in mobile home parks located in the city to enter into or assume long-term leases or rental agreements as a condition to locating in a mobile home park. By requiring such long-term leases which the park owners claim are exempt from local rent control, park owners appear to be attempting to circumvent the benefits and protections provided by the city mobile home rent regulation ordinance.

E.

The city council has further determined that as a result of the park owners' requirement of long-term leases by prospective mobile home owners, current mobile home owners are having extreme difficulty selling their mobile homes. Prospective homeowners of mobile homes may lose interest in the sale when faced with a long-term lease requirement which includes a rent schedule not subject to city review or regulation.

F.

The city council has further determined that as a result of the park owner's requirement that existing or prospective mobile home owners sign or assume long-term leases which may be exempt from city rent regulation, existing and prospective mobile home owners are being precluded from receiving the benefits and protections intended by the ordinance.

G.

As a response to the above findings, the city council has determined that in addition to the protections already provided by ordinance, it is necessary to: (1) protect current homeowners' investment in their mobile homes and provide reasonable rents by precluding park owners from requiring existing or prospective mobile home owners to sign an exempt lease or charging rents under an expired lease; (2) to protect existing and prospective mobile home owners from excessive rents by providing for lease options in order to give each existing and prospective homeowner a real choice between an exempt long-term lease and a rental agreement subject to the protections of the ordinance; and (3) to protect existing and prospective homeowners' investments in their mobile homes through a lease assumption requirement imposed upon the mobile home.

(Ord. 1247 § 1, 1996: Ord. 1216 (part), 1994)