NOTICE – RENT INCREASE IN EXCESS OF THE ANNUAL PERMISSIVE RENT INCREASE
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY THE MOBILEHOME RENT REVIEW COMMISSION WITHIN THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE ON (DATE) [Not sooner than ninety days after date of notice.], EXCEPT AS PROVIDED IN SECTION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in Section 9.50.050 of the City of Chula Vista’s Municipal Code. An annual rent increase of the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) is allowed without a right to a hearing of the Commission. The CPI is ____% and the annual permissive rent increase is ____%. This increase is ____% of your current rent.
Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050 cannot be automatically increased for any park when there exists serious violations of applicable codes, as specifically listed in Appendix Two to Chapter 9.50.
Under the city’s Municipal Code, you are entitled to the following rights:
1. Informal Meeting. I am required to hold a meeting with the residents to discuss the general reasons for the increase. The meeting will be at ___________________ [state time (must be within ten days) and place (should be at mobilehome park)]. Under the City’s ordinance, owners and residents are encouraged to attempt to resolve differences and reach a voluntary agreement regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066. You may file for such hearing only if you or your representative attends the meeting to discuss the increase. To file for such hearing you must deliver the request for Hearing form to the City within thirty days of the date this notice is served on you.
If you are unable to attend the meeting as scheduled, you may elect to send a representative. Please submit in writing to the park owner and the City notification that you have elected to be represented at such meeting by another party and stating the name of your representative.
3. Failure to Attend Informal Meeting. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled. In the event a request for hearing is initiated, the action will include the rent increase issues with regard to all the affected residents.
4. Review of Serious Code Violations. In order to establish a minimal level of health and safety standards which must exist in all mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the City will conduct an inspection of this mobilehome park in compliance with the requirements of Section 9.50.079 and based upon Appendix Two. A list of the specific code violations which apply may be obtained from the City during normal business hours, and is required to be posted in a common area of each park’s premises at all times.
The City will provide notice of its determination as to whether or not a serious violation or violations exist at the mobilehome park and whether it or they do adversely affect the health, safety, and general welfare of residents to any homeowners association at the park, which is registered with the City, and to the park owner. It is the City’s intent to attempt to resolve serious code violations during the 90-day period required by State law prior to the effective date of any rent increase. Sections 9.50.080 does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a violation of code exists at the park.
The following space numbers are subject to this increase: [insert numbers of affected spaces].
If you have questions, or need more information regarding the hearing process or serious code violations, you can call the City at (619) 585-5722.
Park Owner/Manager Date
REQUEST FOR HEARING
Rent Increase in Excess of the Annual Permissive Rent Increase
The undersigned hereby requests a hearing before the Mobilehome Rent Review Commission with regard to a proposed rent increase described in the attached notice – Rent Increase in excess of the annual permissive rent increase relating to the ______________________ Mobilehome Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the park owner.]
The undersigned is a resident of the park and has attended a meeting with the park owner, or sent a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal Code. The dispute has not been settled. The undersigned has also paid the administrative fee required under Section 9.50.030.
It is understood that this request is irrevocable and that it may be relied on by other residents of the mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review Commission will schedule a public hearing to consider the proposed rent increase, taking into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the decision of the Mobilehome Rent Review Commission shall be applicable to all affected homeowners and shall be final and binding.
Print Name ______________________
Telephone No. ____________________
[The completed form must be delivered to the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista CA 91910]
(Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011).