Wednesday, March 30, 2016

A Well-Drafted Rent Ordinance



GSMOL HANDBOOK

Experience shows that in many areas a well-drafted rent ordinance is required if rents are to be truly "stabilized" and homeowners protected from the "economic eviction" which high rents can cause.


As the need for rent ordinances has increased, and more and more local governments have begun to examine the problem, Golden State Manufactured-home Owners League (GSMOL) leaders have devoted increased time to educating and assisting the membership about these issues. The GSMOL Board of Directors commissioned the preparation of THE GSMOL MOBILEHOME RENT STABILIZATION ORDINANCE HANDBOOK, which is designed as a comprehensive tool to aid homeowners, local governments, and local government officials alike. All are key players in the rent stabilization process. 

The discussion will sometimes become unavoidably technical, given the need to explain certain economic concepts and theories. The Handbook is a publication which is "one of its kind", and designed to provide all mobilehome owners with a detailed understanding of the basic who, what, when, where, and whys of rent stabilization.

A LOCAL GOVERNMENT DECISION

Two extremely important points must be understood before attempting to read or apply the contents of the Handbook.

First, it is not the intent of GSMOL to advocate that any existing rent stabilization ordinance be amended or revised by the cities or counties which have already enacted them, consistent with anything said herein. The Handbook should not be interpreted as a criticism of the considerable time and energy which has already been expended by those jurisdictions that have enacted differing provisions. Any decision to change or amend an ordinance must be made by the local government, and only following careful consideration of whether the statute of limitations for park owners to challenge the ordinance would be reopened as a result of any ordinance amendment.

Second, the suggested ordinance provisions contained in the Handbook are designed as a starting point. They should never be used verbatim, but should be placed in the hands of an attorney, economist, city attorney, and/or expert who can help draft an ordinance which fits the needs of the local residents.

CREDITS

GSMOL is grateful to many volunteers and professionals who have contributed to the advancement of mobilehome rent control over the past several decades.  This second edition is dedicated to them, and to mobilehome and manufactured home owners throughout California.

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 JanPietruszka at freedigitalphotos.net

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