HomeMy WebLinkAbout1396 - ORDINANCES - 9/18/1991 ORDINANCE NO. 1396
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 4 .08. 135 TO THE
PALM SPRINGS MUNICIPAL CODE, THE RENT CONTROL
ORDINANCE, CLARIFYING THE RIGHTS OF A
PURCHASER OF AN EXISTING MOBILEHOME IN AN
EXISTING MOBILEHOME PARK.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Palm Springs Municipal Code is 'hereby amended by
adding Section 4.08.135 to read as follows:
4 08 135 Rights of Purchasers of Existing Mobile homes in
Existing Mobilehome Parks (a) The purchaser of an existing
mobilehome, as defined in Civil Code §796.3, located in an existing
mobilehome park, as defined in Civil Code §798.4, whose purchase
has been approved, pursuant to Civil Code §798 .74, shall have the
same rights as the seller of the: mobilehome to a rental agreement,
as defined in Civil Code §798 .8, pursuant to the terms and
conditions of Civil Code §798. 17 and/or §798. 18. Management, as
defined in Civil Code §798.2, may not therefore require, directly
or indirectly, that any resident or prospective resident sign a
lease or rental agreement that provides that it: shall be exempt
from local rent control or provides for space rent in excess of
that permitted by local rent control as a condition of tenancy in
the park and no owner may deny a tenancy to a prospective
purchaser of a mobilehome in the park on the grounds that the
prospective purchaser will. not sign such a lease or rental
agreement.
(b) A notice which conforms to the following language and
printed in bold letter of the :game type size as the largest type
size used in the rental agreement shall be :presented to any
resident or prospective resident by management: at the time of
presentation of a rental agreement creating a tenancy with a term
greater than twelve (12) months:
"IMPORTANT NOTICE TO HOMEOWNER REGARDING THE PROP013ED
RENTAL AGREEMENT FOR MOBI:LEHOME PARK.
PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A
TENANCY WITH A TERM IN EXCESS OF TWELVE (12) MONTHS. BY
SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS
MOBILEHOME SPACE FROM THE 'PROVISIONS OF THE CITY OF PALM
SPRINGS' RENT CONTROL LAW FOR THE TERM OF THIS RENTAL
AGREEMENT. THE CITY OF PALM SPRINGS AND THE STATE
MOBILEHOME RESIDENCY LAW (CALIFORNIA CIVIL CODE §§798, et
seg. ) GIVE YOU CERTAIN RIGHTS. BEFORE 13IGNING THHIS
RENTAL AGREEMENT YOU MAY CHOOSE TO SEE A LAWYER. UNDER
THE PROVISIONS OF STATE LAW, YOU HAVE A RIGHT TO BE
OFFERED A RENTAL AGREEMENT FOR (1) A TERM OF TWELVE (12)
MONTHS, OR (2) A LESSER PERIOD AS YOU MAY REQUEST, OR (3)
A LONGER PERIOD AS YOU AND THE MOBILEHOME PARK MANAGEMENT
AGREE. YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT FOR
THIRTY (30) DAYS BEFORE ACCEPTING OR REJECTING 'IT. IF
YOU SIGN THE AGREEMENT YOU MAY CANCEL THE AGREEMENT BY
NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE
CANCELLATION WITHIN (SEVENTY-TWO (72) HOURS OF YOUR
EXECUTION OF THE AGREEMENT. IT IS UNLA17VUL FOR A
MOBILEHOME PARK OWNER OR ANY :AGENT OR RRT?PES7,7 TAT7Vr OF
THE OWNER TO DISCRIMINATE AGAINST YOU BECAUSE OF THE
EXERCISE OF ANY RIGHTS YOU MAY HAVE UNDER. THE CITY OF
PALM SPRINGS° RENT CONTROL LAW, OR BECAUSE OF YOUR CHOICE
TO ENTER INTO A RENTAL AGREEMENT WHICH IS SUBJECT TO THE
PROVISIONS OF THAT LAW."
313
Ord 1396
Page 2 3 B- 1
The notice shall contain a place for the tenant to acknowledge
receipt of the notice and shall also contain an acknowledgment
signed by park management that the notice has been given to the
tenant according to this Section. A copy of the notice executed by
park management shall be provided to the tenant.
(c) Absent an agreement to the contrary pursuant to Civil
Code §798. 17, the maximum rental fee that may initially be charged
to the purchaser of an existing mobilehome, in an existing
mobilehome park, is a rental fee which does not exceed the rental
fee in force and effect on the date the title to the mobilehome
transfers from the seller to the purchaser.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
the same or a summary thereof or a display advertisement, duly
prepared according to law, to be published in accordance with law.
ADOPTED this 18th day of September 1991.
AYES: Councilmember Broich, Hodges, h1urawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
--C'ity Clerk \, �` Mayor
REVIEWED & APPROVED ' _
I HEREBY CERTIFY that the foregoing Ordinance 1396 was duly
adopted by the City Council of the City of Palm Springs,
California, in a meeting held on the 18th day of September, 1991,
and that same was duly published in the DESERT SUN, a newspaper
of general circulation on September 23, 1991.
L IT4�1ICH
City Clerk