Drafting Ordinance Language

The following posts explain the various issues and alternatives associated with drafting an space rent stabilization ordinance. As well as recommending a particular approach, the posts also explain the decisions associated with various provisions, so that the drafting process becomes one of conscious selection.

The following posts attempt to simplify the operation of rent controls. The model provides for annual across-the-board rent increases so that the need for rent increase hearings is minimized. This is in contrast to some ordinances which either require permission for all rent increases or permit tenants to challenge any increase.

At the same time, the model language does not permit unlimited rent increases ("vacancy decontrol") upon a change of ownership in a mobilehome. As discussed in other parts of this guide, such increases can lead to the appropriation of the mobilehome’s value by the park owner in light of its immobility.

Numerous issues must be considered in a mobilehome rent stabilization ordinance.  The discussions in the following posts touch on some of the key issues.  It should be understood that there is no single answer as to how an ordinance should be drafted.  In some cases, alternative drafting choices are presented.  Again, individual clauses should not be inserted into existing ordinances without careful consideration by the local jurisdiction, and without appropriate “findings” to support the change.

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