Deliberation

STUDY SESSIONS

Do elected officials need to hold study sessions before adopting a rent stabilization ordinance? Yes/No/Maybe

The correct answer is Yes. Once the nature of the problem has been conveyed, and the issue of rent control placed on the table, the Board or Council must now be convinced that passage of a rent control ordinance is necessary.  Several hearings are usually held, and a study of rents is commonly commissioned.  Since it is important for the Council to make findings of fact about rents and the unique plight of the mobilehome owner, such study is usually a good idea.  Homeowners should advocate that any such study incorporate the following steps to more specifically identify the problem of excessive mobilehome rents.

This process requires patience and professionalism. Homeowners need to make themselves available to aid in the deliberation process in any way that they can, and should do their best to provide any requested information.

RESIDENT SURVEYS

Since residents are biased, should cities and counties consider resident surveys? Yes/No/Maybe

The correct answer is Yes. Interview residents about their rent histories. Review surveys made by the residents themselves of important factors.

RENT SURVEY

It is a bad idea to hire a consultant to do a comprehensive rent survey? Yes/No/Maybe

The correct answer is No. Hire a consultant to do a rent survey. This should not just be a survey of rents, but a study of homeowner incomes, the amount of homeowner investments, the availability (or lack thereof) of other forms of "affordable housing", the existence (or lack thereof) of leases or subsidies, and the effects of high rents upon the resale values of mobilehomes. Neighboring jurisdictions should be polled to ascertain the success ratios of other ordinances. An economist or consultant should be retained who can perform a qualified and objective analysis.

LEGAL ISSUES

Should legal issues be left to the City Attorney or County Counsel? Yes/No/Maybe

The correct answer is No. Discuss the practical and legal issues of rent stabilization with GSMOL leaders, or the homeowners' legal representative if one has been retained. It is recommended that the City Attorney or County Counsel make contact with the homeowners' representative or expert, so that he or she in turn can educate or assist the elected officials.

Source: The GSMOL Mobilehome Rent Stabilization Ordinance Handbook, Second Edition: Guidelines for Drafting and Enacting a Mobilehome Rent Stabilization Ordinance.

Prepared by: Bruce Stanton, Esq., Corporate Counsel

Image courtesy of Stuart Miles at freedigitalphotos.net