COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

September 17, 2003

BOARD MEETING DATE:

September 23, 2003

TO:

Honorable Board of Supervisors

FROM:

County Counsel

SUBJECT:

Adoption of an ordinance establishing rent control for mobilehome parks, previously introduced, and waiver of reading of the ordinance in its entirety.

Recommendation

Adopt an ordinance establishing rent control for mobilehome parks, and waive reading of the ordinance in its entirety.

Background

At the July 15, 2003 meeting, your Board directed staff to draft a mobilehome rent control ordinance for consideration at your meeting of August 12, 2003. At the August 12^th meeting, your Board directed the Office of the County Counsel to consider changes to the ordinance based on comments by interested parties, including changes proposed by the El Granada Homeowners Association ("Association"). A revised ordinance was presented for introduction at the September 9, 2003 meeting, and your Board voted to introduce the ordinance with one change-that the base year date for purposes of implementing the protections of the ordinance be set at July 1, 2003 instead of the effective date of the ordinance.

Discussion

Over the past few years, the Board and County staff have been working on finding ways to preserve affordable housing options for residents of manufactured or mobilehome communities. In October 2001, your Board first considered a draft mobilehome rent control ordinance. The ordinance brought to the Board on September 9^th proposed that the cap for rent increases be 75% of the annual increase in the Consumer Price Index. It also provided for vacancy control, meaning that the annual limit on rent increases applies even in the case where a new tenant occupies a unit. The ordinance applies to all eight mobilehome parks within the unincorporated area of the County. However, under state law, certain units which are governed by long term leases are exempt from rent control.

The ordinance now being presented for final action reflects the change adopted by your Board at the September 9^th meeting- that the base year date for implementing the protections of the ordinance be set at July 1, 2003, instead of the effective date of the ordinance. The changes are reflected in sections 1.30.030 and 1.30.070. Under the ordinance, any rent increases imposed after July 1, 2003 would have to be eliminated, and rent levels in effect on July 1, 2003 would have to be reinstated.

A vote to adopt the ordinance would mean that the ordinance would become effective in thirty (30) days.

Vision Alignment

The proposed ordinance furthers the County's efforts to offer a full range of housing choices, and to promote responsive, effective and collaborative government.

Fiscal Impact

The ordinance may have a small unknown General Fund impact due to an increased workload for the Environmental Services Agency in administering hearings, but at least part of the cost would be defrayed by fees required for filing a petition for rent increase.