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City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Space Rent Stabilization Ordinance (Urgency or Non -Urgency) The City of Santa Ana does not currently have restrictions on the amount of mobile home rent increases. However, many jurisdictions throughout California have enacted some form of mobile home rent control or rent stabilization ordinance. Such ordinances are in compliance with the provisions of the California Mobilehome Residency Law (MRL) (Civil Code section 798 et seq.), which expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions. Specifically, the MRL exempts the following from local rent control or rent stabilization ordinances: any mobile home space subject to a long- term (more than one year) rental agreement; any newly constructed mobile home space first offered for rent on or after January 1, 1990; and, mobile homes not being used as a person's primary residence which are not being leased to someone else (Civil Code §§ 798.17, 798.21, and 798.45). Pursuant to California Government Code sections 36937(b) and 65858(a), and Santa Ana Charter section 415, any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least four -fifths (4/5) of the City Council members. Accordingly, an urgency ordinance Space Rent Stabilization Moratorium would require a four -fifths (4/5) vote, would take effect immediately upon passage, and would remain in effect for forty-five (45) days. During the initial term, the City Council could extend the Moratorium by a four -fifths (4/5) vote for an additional ten (10) months and fifteen (15) days. Subsequently, the City Council could extend the Moratorium by a four -fifths (4/5) vote for an additional one year. Otherwise, the City Council may decide to implement such an ordinance under the regular ordinance adoption procedures, which would require two readings, a majority vote of approval by the City Council, and would take effect thirty (30) days after its adoption. The ordinances could be presented as alternatives to one another, leaving Council to decide which one, if any, should be adopted. A draft Urgency Ordinance adopting a 45-day temporary moratorium on mobile home space rental rate increases that exceed three percent (3%) annually, or the change in consumer price index, which is greater, is provided in Attachment 6. A draft Standard Ordinance imposing a restriction on mobile home space rental rate increases, with no time limit on the regulations, is provided in Attachment 7. 17 65A-20