Q&A for Mobilehome Rent Ordinance
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Does the City of San José regulate rent increases?
Yes. San José has two Ordinances that regulate rent increases: one for mobilehomes and mobilehome lots and one for apartments and guest houses. Information on the Mobilehome Rent Ordinance is provided below.
Can I get a copy of the Ordinance?
Click below to get a copy of the Ordinance and Regulations:
If you have any additional questions, please contact the Rental Rights & Referrals Program at 408.975.4480 or by e-mail.
Are all types of mobilehomes covered by the Ordinance?
Most of them are but there are some exceptions. Spaces where plumbing, electrical and sewer permits were issued after September 7, 1979, are permanently exempted. Spaces are temporarily exempted when the units are owned or operated by a government agency or when the units are subsidized by the Housing Assistance Payment Program (Pub. L. 93-383, Section 8, as amended). Units are also temporarily exempted when the resident owner has voluntarily signed a rental agreement after January 1, 1986, exceeding twelve months in duration. The first paragraph of the agreement must notify the owner that, by signing, he/she exempts himself/herself from the protection of the Rent Ordinance.
Are mobilehomes that are being rented covered by the Ordinance?
Yes. The Ordinance covers the rental of mobilehomes as well as mobilehome lots. There are some differences. For example, when you rent the mobilehome the mobilehome owner can raise the rent after a tenant moves out voluntarily.
What types of homes does the Ordinance cover?
For this Ordinance, "mobilehome" is considered to be any transportable structure which is composed of a single dwelling unit with or without a foundation. This includes some travel trailers and other structures that the State of California may not require to be registered as a mobilehome.
How often can rents be raised?
No more than once a year, with very limited exceptions. Other rent increases can occur after a court ordered eviction, abandonment or a "dealer pull-out."
How much can rents by raised?
Mobilehome rents can be raised by a "Maximum Annual Percentage" each year without a hearing. The maximum annual percentage is calculated by the Rental Rights & Referrals Program. It is based on 75% of the San Francisco-Oakland CPI, with a minimum of 3% and a maximum of 7%. It applies to all rent increases between October 1 and September 30 of each year. For example, the maximum annual percentage for rent increases which began October 1, 1996, through September 30, 1997, was 3%.
A park owner may petition for a hearing by an Administrative Hearing Officer to request approval to increase rents above the maximum annual percentage. Residents who will be affected by the increase may participate in the hearing process.
Occasionally, a park owner may wait longer than two years to increase rents. If there has been no increase in more than 24 months park owners may raise rents without a hearing by the total of the current maximum annual percentage plus the maximum annual percentage for the previous year.
What can I do if my rent is raised over the maximum annual percentage?
If the park owner has requested a hearing then only the maximum annual percentage need be paid until a hearing is held and a decision is made. In the event that the park owner's request for the increase is granted, you may be required to pay the difference between the amount paid and the amount requested. Residents may wish to place that difference in a bank account until the dispute is settled. Both the park owner and the Rental Rights & Referrals Program are required to notify you when a hearing has been requested. If this has happened the Rental Rights & Referrals Program will provide you with additional information on the hearing process.
If the park owner has not requested a hearing the rent increase may violate the Mobilehome Rent Ordinance. Usually this is a bookkeeping or other error that can be corrected simply. If it is not corrected then you may be able to seek civil penalties through the courts. Contact the Rental Rights & Referrals Program for more information and assistance.
What is a service reduction claim?
A service reduction has occurred when the level of service provided by the park owner has been reduced without a corresponding decrease in rent. If your park owner has filed a petition with the Rental Rights & Referrals Program, you will have an opportunity to file a written claim that a service reduction has occurred. A hearing officer will then determine:
The mobilehome owner or tenant must prove that the service has been reduced.
What if services have been reduced without the park owner asking for a hearing?
The Ordinance does not allow residents to request an administrative hearing but you do have other rights under state and local laws. The Mobilehome Residency Law allows you to make a written request for a meeting on service problems with the park owner or their representative. If this meeting does not resolve the problem the Rental Rights & Referrals Program, in some situations, can assist both parties to negotiate a solution. You may also be able to seek a remedy through small claims or other courts.
Can rent be raised when the mobilehome is sold or transferred?
Rent increases are prohibited, with certain exceptions, when there is an in-place sale or transfer of a mobilehome. The exceptions include the annual rent increase described above, the court ordered eviction of the seller, when the mobilehome lot is subject to certain long term leases, abandonment's and dealer pull-outs. Rent can not be increased when there is a repossession, the mobilehome is inherited or when the current resident upgrades the mobilehome with a newer model.
Can a resident waive, in advance, his rights under the Ordinance?
A resident may temporarily waive his rights only by entering into a long term lease with the park owner. The waiver of rights is valid only if all of the following criteria are met:
What about evictions?
It is unlawful for the park owner to evict you or to threaten to do so because you have used your rights under the Ordinance. If this happens to you, make a complaint in writing to the Rental Rights & Referrals office or contact the Legal Aid Society's Housing Program, (408) 283-1540 or the Asian Law Alliance, (408) 287-9710 for assistance.
What protection do I have if the park owner tries to retaliate for demanding my rights?
The park owner may not do the following in retaliation for demanding your rights under the Ordinance:
Who oversees and administers the program?
The program is administered by the Rental Rights & Referrals Program staff in the Department of Housing of the City of San José. You can contact them by telephone, 408.975.4480 or by e-mail.
Local laws for mobilehomes are set by the City Council under the advice of the Mobilehome Advisory Commission. This commission, consisting of a park owner, a resident and three neutrals, meets on the third Thursday of even numbered months at 5:00 p.m. in City Hall.
How is the program funded?
The administration and implementation of the Mobilehome Rent Ordinance is funded by an annual cost recovery fee. Half of this fee is paid by park owners and half is passed through to park residents.