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For purposes of this chapter, the following terms are defined as follows. Any reference to statutes includes any regulations promulgated thereunder as the courts have construed such statutes and regulations, as such statutes and regulations may be amended from time to time, and any successor statutes and regulations.

A. "Affected tenants" means those tenants who qualify for the rent control and other protections of this chapter and whose space is not exempt from the requirements of this chapter pursuant to a valid lease meeting the requirements for exemption from local rent control in California Civil Code Section 798.17(b) or otherwise applicable law.

B. "Arbitrator" shall mean a person (1) who is neither a tenant as that term is defined in this chapter nor who has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a public official subject to that act, (2) who has experience in analysis of financial records, and (3) who the clerk determines meets one of the following criteria:

1. Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgment of the clerk, provides that person with the knowledge and skills to conduct a space rent dispute arbitration in a professional and successful manner; or

2. Completion of at least three arbitration proceedings for a Superior Court or other public entity that involved issues the clerk finds similar to those raised in space rent dispute arbitrations; or

3. Having served as a California Superior Court judge, administrative law judge, appellate judge, or judge pro tempore.

C. "Base rent" means the authorized rent, calculated pursuant to the provisions of Section 6.50.030, plus any rent increase allowed under this chapter or any rent adjustment attributable to vacancy decontrol as provided in Section 6.50.220.

D. Reserved.

E. "Clerk" means the clerk of the Petaluma mobilehome space rent stabilization program, who shall be the city manager or their designee.

F. "Capital improvements" are those improvements that directly and primarily benefit and serve the existing mobilehome owners by materially adding to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvement to the property pursuant to the IRS Code and its regulations. "Capital improvements" exclude ordinary maintenance and repairs.

G. "Consumer price index" or "CPI" means the consumer price index for all urban consumers, San Francisco-Oakland Area, published by the U.S. Department of Labor, Bureau of Labor Statistics.

H. "Housing service" means a service provided by the owner related to the use or occupancy of a mobilehome space, which is neither a capital improvement nor substantial rehabilitation as those terms are defined herein, including but not limited to repairs, replacement maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security service, and employee services. Housing services include those services that the mobilehome park owner is required to provide pursuant to:

1. California Civil Code Sections 1941.1 and 1941.2.

2. The Mobile Home Residency Law, California Civil Code Section 798 et seq.

3. The Mobile Home Parks Act, California Health and Safety Code Section 18200 et seq.

4. The landlord’s implied warranty of habitability, which cannot be contractually excluded or waived.

5. An express or implied agreement between the mobilehome park owner and the tenant.

"Housing services" do not include legal fees, mortgage payments whether for principal, interest, or both, bonuses of any nature paid to mobilehome park employees, penalties, damages, or interest assessed or awarded for violations of this chapter or any other law, or any expenses for which the mobilehome park owner has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method.

I. "Initial rent increase" means the first rent increase imposed by a mobilehome park owner after the effective date of the ordinance codified in this chapter.

J. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790 in accordance with California Civil Code Section 798.3. "Mobilehome" includes a manufactured home, as defined in California Health and Safety Code Section 18007, and a mobilehome, as defined in California Health and Safety Code Section 18008, but does not include a recreational vehicle, as defined in California Health and Safety Code Section 18010 , or a commercial coach, as defined in California Health and Safety Code Section 18001.8 except when such a vehicle has continuously remained within a mobilehome park for a period in excess of nine months.

K. "Mobilehome park" means any area of land within the incorporated areas of the city of Petaluma where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation subject to and in accordance with all applicable land use regulations.

L. "Mobilehome park owner" or "owner" means any owner, lessor, sublessor, operator or manager of a mobilehome park in the incorporated areas of the city of Petaluma who receives or is entitled to receive rent for the use or occupancy of any mobilehome space thereof, and the representative, agent or successor of any of the foregoing who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses credits, or deductions because of such ownership.

M. "Mobilehome space" means any site within a mobilehome park located in the incorporated areas of the city of Petaluma intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith subject to all applicable land use regulations except (1) sites rented together and concurrently with a mobilehome provided by the mobilehome park owner and (2) "new construction" as defined by California Civil Code Section 798.7. The term "mobilehome space" shall also include, for purposes of this chapter, rentable spaces within mobilehome parks which have been occupied by a "recreational vehicle" as defined by California Health and Safety Code Section 18010 for a period of nine months or more.

N. "Mobilehome tenant" or "tenant" means a tenant, subtenant, lessee, or sublessee, or any other person entitled to the use or occupancy of any mobilehome space not otherwise a party to a rental agreement exempt from regulation under this chapter pursuant to California Civil Code Section 798.17 or other applicable laws or regulations.

O. "Net operating income" means net operating income as defined in Section 6.50.110(A).

P. "Party" as used in this chapter refers to any affected mobilehome tenant and/or owner involved in proceedings under this chapter.

Q. "Percent change in consumer price index" means the annual percent change in the CPI, calculated to the nearest tenth. For the first percent change in CPI, it shall be calculated using the CPI published for the month of March, issued in the month of April. In the event an index is not published for the month of March, the closest preceding month for which an index is published shall be used. Subsequent yearly percent changes in CPI shall be calculated to the nearest tenth, published for the month of July, issued in the month of August. In the event that an index is not published for the month of July, the closest preceding month for which an index is published shall be used. It is the intent of this chapter to fix the CPI in the beginning of the fiscal year, for the rest of the fiscal year barring an unforeseen failure to publish a CPI for the month of July.

R. "Rent," "mobilehome space rent" and "space rent" mean the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobilehome park owner for or in connection with the use or occupancy of a mobilehome space or any housing services provided with the mobilehome space. Space rent shall not include any amount paid for the use or occupancy of a mobilehome dwelling unit, unless the amount paid for the use or occupancy of a mobilehome is or includes consideration paid to a mobilehome park owner under a rental agreement or other document evidencing tenancy of the mobilehome.

S. "Rent increase" means any additional space rent demanded of or paid by a tenant for a mobilehome space including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent. Said increase shall be (1) uniform in percentage rate relative to current base rent; or (2) uniform in dollar amount relative to base rent.

T. "Rent stabilization administration fee" means the fee established from time to time by resolution or ordinance of the Petaluma city council in accordance with the provisions of Section 6.50.170.

U. "Substantial rehabilitation" means that work done by an owner to a mobilehome space or to the common areas of a mobilehome park, exclusive of a capital improvement as that term is defined in this chapter, the value of which exceeds two hundred dollars and which is performed to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

V. "Tenant-to-be" means a person who is not currently a tenant in a mobilehome park but is a prospective mobilehome space tenant who desires the use of a mobilehome space as defined in this chapter and has presented themself to the park owner as such.

(Ord. 2857 NCS §3 (Exh. A), 2023; Ord. 1949 NCS §1 (part), 1994.)