Fees

ATTORNEY'S FEES AND COSTS

Many ordinances provided that all legal or accounting fees incurred by the park owner in connection with rent increase proceedings be excluded from the list of operating expenses allowed under MNOI.  The case of Galland v. City of Clovis(2001) 24 Cal. 4^th 1003, may now require that such fees be included as allowed operating expenses.

LOCAL GOVERNMENT FEE

Many ordinances authorize the jurisdiction to charge fees for each mobilehome space in order to help defray the costs to the city of administering the law. Commonly, the park owner is required to pay the fees on an annual basis, but may pass through all or part of the fee to the residents.

OPPOSE OR SUPPORT GOVERNMENT FEES

Homeowners may feel a natural inclination to oppose these fees. But many residents also recognize that payment of a small annual registration fee is beneficial, since the money is used by the City to support the administration of a policy that is in the homeowners' interest. These homeowners see the cost of such a fee as small when compared to the benefits deriving from a rent ordinance.  A jurisdiction may not be willing to pass an ordinance without such a fee structure.

NO FEES FOR SPACES EXEMPT FROM RENT CONTROLS

In 1993, state law was amended to prohibit the assessment of fees on park spaces that are exempt from rent controls due to the presence of long-term leases.

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

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