Saturday, March 19, 2016

Enactment



HOMEOWNERS ARE ESSENTIAL

Once the City or County actually begins the work of drafting the ordinance, the assistance of the homeowners can be critical.  The information contained in this Handbook needs to be conveyed to the elected officials with proper etiquette.  Protections should be advocated and argued for, but never demanded.  Where protections such as vacancy control are sought, the proposed language should be given to the City Attorney.

PUBLIC HEARINGS

The public hearings leading up to adoption are critical. Homeowners should appear in great numbers to convey the seriousness of the request, and should organize a presentation by which testimony is introduced from a representative cross-section of the mobilehome population. In order to make its findings, the Board or Council needs live testimonials from the members of the community who are suffering because of the rents. There is no substitute for this step.  Homeowners need to put a “human face” on the issue.

It is natural for residents to feel intimidated by the prospect that their statements could result in retaliation by management. But such incidents are rare, and anyone feeling such reluctance should remember what the consequences shall be if they remain silent. Remember that there is always strength in numbers.  It is important to stay strong and united.

PARK OWNER APPEARANCES

At public hearings, park owners can be counted on to produce attorneys, paid lobbyists and an occasional park owner who will denounce the need for "price fixing" in the community. Homeowners in attendance should maintain a sense of class and courtesy, and should not "boo" the opposition speakers. Such conduct only antagonizes the chair of the meeting, and will do nothing to win votes. It is better to be prepared for opposition arguments and effectively defeat them with both the facts and the law. Homeowners usually have both on their side.

ORDINANCE ADOPTION

The ordinance enactment process may require several readings and revisions before a final vote is taken. Once an ordinance is passed, it typically takes effect 30 days following the vote. Homeowners should go out of their way to show appreciation to the elected officials who supported the enactment of the ordinance.  If the proposal loses, the residents should not give up. The reasons for failure should be identified, and the process can be commenced once again.  Or, there is another alternative, an initiative.

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
Copyright - Golden State Manufactured Home Owners League, Inc.
Image courtesy of Carl Eric Leivo.



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