§ 540-2.202. Findings and purpose.

(a)

The state of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between the tenants (mobilehome owners) of mobilehome parks and other dwelling units, and the county of Contra Costa likewise recognizes that tenants of mobilehome parks, unlike apartment tenants or residents of other rental housing, are in the unique position of having made a substantial investment in a residence, the space for which (mobilehome space) is rented or leased as distinguished from owned.

(b)

There is presently within the unincorporated area of the county and surrounding areas a shortage of developed spaces, especially spaces of suitable sizes, for the location of mobilehomes, and because of this shortage of developed mobilehome spaces there is a low vacancy rate in mobilehome parks which rent mobilehome spaces to mobilehome owners.

(c)

Mobilehome owners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence for which space is rented or leased. Alternative sites for the relocation of mobilehomes are difficult to find due to the shortage of vacant mobilehome spaces, and restrictions on the age, size or style of mobilehomes permitted in many mobile-home parks. Additionally, the cost of moving a mobilehome is substantial due to requirements related to the installation of mobilehomes, including permits, landscaping and site preparation, and the risk of damage in moving is significant.

(d)

A substantial number of persons in the unincorporated area of the county who reside in mobilehome parks are persons on fixed incomes, including senior citizens, and persons of lower income.

(e)

Recently, the board of supervisors and individual supervisors have received public testimony and written and oral complaints that some parks within the unincorporated area have been and are charging increased rental amounts without service improvements. In some cases, the testimony has been that service levels have actually decreased in the parks charging the high rents.

(f)

Such rental increases, especially when coupled with a lack of service or other justifying factor, create hardships on mobilehome park residents, and may cause the displacement of park residents. Such displacements would be detrimental to the public health, safety and welfare by adversely affecting the lives of a substantial number of unincorporated area residents who reside in these mobilehomes.

(g)

Further, as a practical matter, because of the high cost of moving mobilehomes, including the loss of substantial improvements to the mobilehome made by the mobilehome owner, mobilehomes are generally sold in place. Unreasonably high space rent may erode any reasonable equity a homeowner has in a mobilehome at the time of sale by affecting the sale price of the mobilehome.

(h)

For the above reasons, it is necessary and in the public interest to protect mobilehome owners from unreasonable rental increases. At the same time, it is necessary to recognize the park owners' need to have rental increases sufficient to cover increased costs of operation and maintenance as well as protect the park owner's right to a fair and reasonable return on the park owner's investment.

(i)

This ordinance provides that the rental rate for mobilehome spaces subject to the provisions of this ordinance may be adjusted annually by not less than sixty percent of the San Francisco-Oakland-San Jose Consumer Price Index. In part, the board determines that sixty percent of CPI is fair because comparable Bay Area communities, including but not limited to the city of Concord in Contra Costa County provide for similar adjustments based upon sixty percent of CPI.

(j)

For the reasons set forth above, the board of supervisors find that adoption of this chapter is necessary and in the best interest of the public.

(Ord. 95-31, § 2).