9.28.060 Information to be supplied tenants and tenants-to-be.
A. Within 30 days after the operative date of the ordinance codified in this chapter and upon re-renting of each mobile home space thereafter, the owner shall supply each affected tenant or tenant-to-be with a current copy of the ordinance codified in this chapter.
B. Whenever the owner serves a notice of rent increase, except a notice of rent increase provided pursuant to SMC 9.28.050(B)(1), the owner shall at the same time and in the same manner serve the affected tenant or tenant-to-be with a notice that sets forth all of the following information:
1. The amount of the rent increase both in dollars and as a percentage of existing rent and documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner’s debt service and the date and nature of the sale or refinancing transaction; a summary of the owner’s net operating income of the preceding 24 months and other relevant information that supports the level of rent increase desired;
2. The identity of all other affected tenants and the spaces which they rent and a roster of tenants in the park occupying recreational vehicles in place for more than nine months;
3. The address and telephone number of the Clerk and (a) the fact that the tenant is encouraged to contact the Clerk for an explanation of the provisions of this chapter; and (b) documentation supporting the level of increase is on file with the Clerk;
4. A copy of the petition form as prepared and provided by the Clerk which initiates the process established by this chapter;
5. In addition, park owner shall place on file with the Clerk two copies of documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner’s debt service and the date and nature of the sale or refinancing transaction; a summary of the owner’s net operating income of the preceding 24 months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at the offices of the Sonoma County Community Development Commission;
6. If applicable, notification that the proposed rent increase exceeds 300 percent of the change in the Consumer Price Index, and that arbitration is deemed automatically required by the provisions of SMC 9.28.050(C) without any need to file an arbitration petition. Such notices shall bear the following language: “ARBITRATION OF THE PROPOSED INCREASE IS AUTOMATICALLY REQUIRED IN THIS MATTER BY OPERATION OF LAW.” Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.
C. The park owner shall also serve any tenant- to-be as defined in SMC 9.28.030 with a separate “rental option” notice which sets forth the recitation in capital letters set forth in SMC 9.28.080, Rights of a tenant-to-be.
D. An owner failing to provide an affected tenant or tenant-to-be with the information, documents, and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this chapter from that tenant nor to any rent increase that might otherwise be awarded by an arbitrator. Such failure by the owner shall be a defense in any action brought by the owner to recover possession of a mobile home space or to collect any rent increase from the tenant. An owner may cure the failure to serve any notice or meet the obligation to provide information to a tenant or tenant-to-be which is required under this chapter by giving such notice or information before initiating an action for possession of the space or collecting any rent increase or binding a tenant-to-be to a month-to-month rental/long-term lease election otherwise authorized hereunder.
E. An affected tenant who is given notice of a rent increase is entitled to file a petition for space rent review as provided in SMC 9.28.070 in spite of the fact that the owner has failed to provide the affected tenant(s) with all the information, documents and notices required by this chapter.