§ 540-2.1008. Review of reduction in park service major rent increase.

(a)

Mobilehome Owners' Petition. If a hearing is scheduled on a petition filed by mobilehome owners alleging that there has been a reduction in a park service without a concurrent decrease in space rent, the mobilehome owners' representative shall submit information to support the mobilehome owners' petition, including, but not limited to, the following:

(1)

Evidence that the park service was provided by the park owner on or after September 24, 1994 and the level of the service provided;

(2)

Evidence that the park service reduction or discontinuance was discovered no earlier than one hundred eighty days before the filing of the mobilehome owners' petition with the clerk of the board of supervisors pursuant to Section 540-2.804;

(3)

Evidence of the cost savings realized by the park owner on or about the time the service was reduced or discontinued.

(b)

Park Owner's Rent Increase Notice. If a hearing is held on a petition challenging the amount of a proposed decrease in space rent, or lack thereof, following a park owner's notice of a reduction in a park service, the park owner shall submit evidence to support the park owner's proposed space rent increase or other space rent action, including information described by subsection (3) of subdivision (a) of this section.

(c)

Limitations. The park owner and the mobilehome owners' representative may submit any evidence to rebut the evidence submitted by the other. The hearing officer's consideration shall be limited to evidence on the park service that will be, has been, or alleged to have been reduced unless the park owner asserts that decreasing the space rent by the value of the amount of the reduced park service will deprive the park owner a fair rate of return on investment. The park owner shall not be required to submit the information required by Section 540-2.1002 unless the park owner asserts that a decrease in space rent should not be required because the current space rent is necessary to maintain a fair rate of return on the park owner's investment.

(Ord. 99- 24, § 13).

Article 540-2.12. Capital Improvement Rent Increases