§ 540-2.1406. Retaliation—Mobilehome owners' right to organize.

(a)

No park owner, manager or agent thereof may retaliate against a mobilehome owner or the mobilehome owner's assertion of exercise of rights under this chapter, in any manner, including but not limited to: improperly threatening to bring or bringing an action to recover possession of a mobilehome space; engaging in any form of harassment; improperly decreasing park services; improperly increasing the space rent; or improperly imposing a security deposit or any other charge payable by a mobilehome owner.

(b)

In an action by or against a mobilehome owner, evidence of the assertion or exercise by the mobilehome owner of rights under this chapter or other activity in furtherance of mobilehome owners' rights and organizations within six months prior to the alleged act of retaliation shall create a presumption affecting the burden of producing evidence that the park owner's conduct was in retaliation for the mobilehome owner's assertion or exercise of rights under this chapter.

(c)

To the extent allowed by law, any mobile-home owner whose rights under this chapter are violated may bring a civil action for declaratory, and/or injunction relief, and/or for damages.

To the extent allowed by law, any park owner who retaliates in violation of subsection (a) of this section shall be liable to the affected mobilehome owner in a civil action or the actual damages sustained, plus reasonable attorney's fees and costs. Although a park owner's agent may be sued for declaratory and/or injunctive relief under this section, in no event may a mobilehome owner bring an action for damages against a park owner's agent or recover attorneys fees from the park owner's agent.

(Ords. 99-24, § 15, 95-31, § 2).