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The rent on any particular mobilehome space shall be fixed as established herein. Any determination of fair, just, and reasonable rent determined by the Commission shall not be applicable to those spaces exempt from this chapter nor to those spaces not covered by the written notice of an increase in rent.

A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual permissive rent increase for that calendar year, with or without the benefit of a Commission hearing, the rent shall be fixed at the agreed upon rent at such time as the agreement is reached unless the agreement provides for a different effective date.

B. In the event that the resident and an owner do not reach agreement, and the rent has been established by the Commission according to the procedures herein established, the rent shall be fixed at the rental rate so established by the Commission as of 90 days after the resident’s original receipt of the notice of rent increase. The Commission shall have the right to fix a different date, if the Commission deems the park owner nonresponsive to the hearing requests.

C. Consistent with its findings, the Commission may:

1. Permit the requested increase which is in excess of the annual permissive rent increase to become effective in whole or in part; or

2. Deny the increase which is in excess of the annual permissive rent increase.

However, the Commission may not set the rent lower than the pre-existing rent or higher than the amount contained in the notice of rent increase in excess of the annual permissive rent increase.

D. Unilateral Refusal to Participate in the Hearing Process. In the event the Commission finds that the resident or owner has failed or refused to, in good faith, follow the procedure herein fixed for the establishment of rent, which may include but not be limited to refusal to attend noticed hearings or failure to provide a copy of all rent increase notices to residents, then the Commission shall fix the rent as follows:

1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the rental rate contained in the notice of rent increase in excess of the annual permissive rent increase.

2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the annual permissive rent increase.

E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or greater than the rent fixed by subsection (A), (B) or (C) of this section shall constitute a waiver by the owner of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless the tenant consents, in writing, to waive the provisions of this subsection.

F. All parties to the hearing shall be advised of the Commission’s decision and be given a copy of the findings upon which the decision is based. The conclusions and findings of the Commission shall be final. Any party disputing the final conclusions and findings of the Commission may seek review of the Commission’s actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002).