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Honorable Mayor and City Council Persons City of Santa Ana Hearing: October 4, 2022; Item: 25 September 30, 2022 Page 10 of 11 Development for the results of the most recent inspection of the space, if the hearing officerfinds good cause to believe the current information does not reflect the current condition of the Rental Unit. " Under the Mobilehome Parks Act, and its implementing regulations, the enforcement agency for building codes and health and safety regulations within mobilehome parks is the California. Department of Housing and Community Development. F. Section 8-3147 — Exemptions. Add the following new subparagraph (d): "(d) The provisions of this Ordinance regulating the amount of rent that a residential real property or rnobilehome space Owner may charge only applies while the original occupant is/are residing in the residential dwelling unit or on the mobilehome space, and shall not regulate the rental rate for a residential dwelling unit or nobilehome space whenever a lawful vacancy occurs, including through the voluntary termination by the tenant, the sale ofthe mobilehome by a Homeowner, the abandonment of the tenancy, or through a lcm ful eviction process. " This revision is consistent with current City guidance provided to residents seeking information and inquiry and assists with providing equal protection under the laws by providing landlords such similar clarity. G. Section 8-3148 — Rent Increase Ineffective, subparagraph (b): to eliminate the inconsistency of the language, the first portion of the sentence should be modified to read: "Fails to maintain the residential real property (excluding a Mobilehome or Mobilehone Space) in compliance with.... " H. Section 8-3180 — Rental Housing Board: As discussed in the "Implementation Plan" section above, while all of the options assure mobilehome park tenants of representation, none of the options assure representation for mobilehome park landlords. Moreover, two of the options (so called "Option 2" and "Option 3") propose an imbalanced board with pecuniary bias in favor of tenants —which is a clear violation of the procedural due process rights of mobilehome park owners.$ See City Council Staff Report, Item 25 "Rent Stabilization and Just Cause Eviction Ordinances", dated October 4, 2022, Pg. 3. Given the uniqueness of rnobilehome park laws, operations and issues, both sides, tenants and park owners/operators should have equal representation on the Board, and other jurisdictions typically provide a separate rent board specifically for mobilchome rent review.9 8 "It is sufficiently clear from our cases that those with substantial pecuniary interest in legal proceedings should not adjudicate these disputes. [Citation] And [Ward v. Village of Monroeville] indicates that the financial stake need not be as direct or positive as it appeared to be in Tumey. It has also come to be the prevailing view that '[most] of the law concerning disqualification because of interest applies with equal force to ... administrative adjudicators.' K. Davis. Administrative Law Text § 12.04, p. 250 (1972), and cases cited." (Italics added.)[Citations] In Withrow v. Larkin , the United States Supreme Court additionally notes: " Not only is a biased decisionmaker constitutionally unacceptable but'our system of law has always endeavored to prevent even the probability of unfairness."' Ant. Holors Sales Corp. v. New A9otor Vehicle Bd., 69 Cal. App. 3d 983, 990 (1977) (citing Tianrev v. Ohio, 273 U.S. 510 (1927), ITard v. Village of Monroeville, 409 U.S. 57 (1972), and lf'ithrow v. Larkin, 421 U.S. 35, 47 (1975), in overturning an imbalanced board of administrative hearing officers with pecuniary interests). s See, e.g. Chula Vista Municipal Code Chapter 2.31: "Mobilehome Rent Review Commission." Kingsley — 426 Santa Ana Ordinances