Ventura County Mobile Home Park Rent Review Board November 14, 2018 Meeting Agenda County of Ventura Resource Management Agency Planning Division 800

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1 Ventura County Mobile Home Park Rent Review Board November 14, 2018 Meeting Agenda County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) Wednesday, November 14, 2018 at 1:00 p.m. All interested persons are invited to attend and be heard at a public hearing to be held by the Ventura County Mobile Home Park Rent Review Board at the date and time noted above at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room. Consideration will be given only as noted to the following: 1. Call to Order 2. Pledge of Allegiance to the Flag of the United States of America 3. Approval of Minutes RRB meeting held on August 22, 2018 and May 23, 2018 (continued). 4. Public Comment on Concerns within the Authority of the County Rent Control Ordinance This time is set aside for public comment on items not otherwise on this agenda which are within the purview of the Rent Review Board. Speakers wishing to address the Board shall be allowed a maximum of five minutes for their comments. The Board is prohibited from taking action on any item that is not part of the printed and published agenda. 5. Approval of RRB Meeting Schedule for the Year Comments from Rent Review Board Members Brief announcements on the Mobile Home Park Rent Control Program. 7. Comments from Planning Staff 8. Meeting Adjournment Next meeting date: Wednesday, February 20, 2019, 1:00 p.m., at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT OWEN DEUTSCH, AT REASONABLE ADVANCE NOTIFICATION OF THE NEED FOR ACCOMMODATION PRIOR TO THE MEETING (48 HOURS ADVANCE NOTICE PREFERRED) WILL ENABLE US TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. 1

2 Ventura County Mobile Home Park Rent Review Board County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) vcrma.org/divisions/planning Meeting Minutes August 22, 2018 Board Members Present: Chuck Eskew Richard Francis Henry Thomas Hundley, Chair Brent Rosenbaum Matthew Winegar County Staff Present: Owen Deutsch, Planning Division Denice Thomas, Planning Division 1. 1:00 P.M. HEARING CALLED TO ORDER By Board Chair Hundley. 2. APPROVAL OF MAY 23, 2018 MINUTES Staff advised the Board that the minutes could not be approved because they had not been posted on the Mobilehome Park Rent Control program s website 72 hours in advance, as required by law. Board member Francis moved to continue this item to the next meeting, Member Rosenbaum seconded. Approved PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA The following individuals provided public comments: Paul Wa, Resident of Oak Haven Mobile Home Park Steve Jones, Resident of Oak Haven Mobile Home Park Bill Haff, Resident of Oak Haven Mobile Home Park Liz Cole, Golden State Mobilehome Owners League Mr. Wa described Oak Haven Mobile Home Park and the amenities it lacked, as context for opposing rent increases proposed by park management. Mr. Jones stated that residents of Oak Haven Mobile Home Park wished to introduce themselves to the Board and explore membership in GSMOL. Mr. Jones voiced his concern that Oak Haven is the only mobilehome park in the unincorporated County not covered by the County s Rent Control Ordinance, and that management is raising its rents 5-10%. He expressed his interest in more information on how to pursue the inclusion of Oak Haven in the Rent Control Program, and was aware of the Ordinance s exclusion of mobilehome parks 2

3 August 22, 2018 RRB Minutes Page 2 of 3 constructed after 1982, as in the case of Oak Haven. Mr. Jones asked if the Board had any ideas for how to repeal this exclusion. Chair Hundley responded that the Board is required to be politically neutral and does not have the authority to amend the prohibition, which requires legislative action, but that it can provide advice. Member Francis said that any revision of the state Mobilehome Residency Law would have to be undertaken by the state legislature and recommended that Mr. Jones contact his local representative. Liz Cole stated that the Mobilehome Residency Law gets changed every year, and suggested that Mr. Jones contact GSMOL and attorney Bruce Stanton to discuss the process for enabling Oak Haven s inclusion in the rent control program. Ms. Cole commented that AB 3066 is currently being considered by the California state legislature, which would replace AB 1269 and create new enforcement authority for the Mobilehome Residency Law, allowing residents to file complaints and report violations through the Department of Housing and Community Development rather than having to file a civil case against park management. HCD would then refer possible violations to non-profit legal organizations at no cost to park tenants, except for a $10 annual fee for the program s administration. Ms. Cole also related the news that Los Angeles County had recently approved a temporary rent control ordinance for its mobilehome parks, and that a permanent rent control ordinance will soon be voted on. Chair Hundley disclosed an ex parte communication with Ms. Cole before the hearing regarding the passage of the Los Angeles County temporary rent control ordinance, and his observation that revising the ordinance may subject it to new legal challenges, and that he has previously advised against amending rent control ordinances for that reason. Ms. Cole responded that the City of Carson had recently successfully defended its rent control ordinance against such a challenge. Chair Hundley expressed his impression that courts have viewed legal challenges to rent control less favorably if they are not filed relatively soon after an ordinance has passed. Mr. Haff asked whether revision of the state Mobilehome Residency Law would be sufficient to allow newly constructed mobilehome parks to be subjected to rent control, or if County law would then have to be revised, as well. Chair Hundley speculated that County law would have to be revised as well, but that he was unable to give a certain legal opinion. 4. CONTINUED ITEM FROM MAY 23, 2018 MEETING- REVIEW AND DETERMINE WHETHER A RESOLUTION IS NECESSARY TO CLARIFY THAT PARK- OWNED UNITS REENTERING RENT CONTROL DO NOT QUALIFY FOR A VACANCY DECONTROL RENT INCREASE PURSUANT TO SECTION 81005(C)(1) OF THE VENTURA COUNTY MOBILE HOME PARK RENT CONTROL ORIDNANCE

4 August 22, 2018 RRB Minutes Page 3 of 3 Staff repeated their and County s Counsel s recommendation that the Ordinance does not require clarification of the text relating to units reentering rent control from park ownership. Chair Hundley, Member Eskew and Member Winegar agreed. Chair Hundley said that no action needed to be taken, but a motion was made by Member Eskew to not request a clarifying resolution, seconded by Member Rosenbaum. Approved COMMENTS FROM RENT REVIEW BOARD MEMBERS Member Francis stated that he was interested in following the results of the effort in Los Angeles County to enact mobilehome park rent control. Chair Hundley stated that he would like to arrange for a thank you card to be delivered to former administrator Franca Rosengren. 6. COMMENTS FROM STAFF Staff member Thomas notified the Board that Ms. Rosengren would be transitioning to other duties, and that staff member Deutsch would take over administrative duties of the rent control program until another staff member is hired and trained as a permanent head administrator. Mr. Deutsch affirmed that he would be responsible for the program. He also noted that notice of the state s Register your Mobilehome program had been posted on the rent control program s website, and that Chair Hundley s name had been revised on Board documents per his request. Chair Hundley expressed his confidence in staff and appreciation of their efforts. 7. MEETING ADJOURNMENT Member Francis moved to adjourn in memory of Bill Carpenter, former Board member. The meeting was adjourned at 1:30 p.m. The next meeting is scheduled for Wednesday, November 14, 2018 at 1:00 p.m. at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room. 4

5 Ventura County Mobile Home Park Rent Review Board County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) vcrma.org/divisions/planning Meeting Minutes May 23, 2018 Board Members Present: Richard Francis Henry Thomas Hundley, Chair Matthew Winegar County Staff Present: Franca Rosengren, Planning Division Owen Deutsch, Planning Division Denice Thomas, Planning Division 1. 1:00 P.M. HEARING CALLED TO ORDER By Board Chair Hundley. 2. APPROVAL OF FEBRUARY 28, 2018 MINUTES Member Hundley asked whether his full name, Henry Thomas Hundley, should be used on Board documents, as he signs documents HT rather than the name he is called, Tom. Staff stated that his name as included on Board documents should match his signature, and that appropriate changes would be made to future documents. Board approved minutes 3 0, 2 absent (Eskew, Rosenbaum). 3. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA The following individuals provided public comments: Liz Cole, Golden Oaks Mobile Home Park Steve Offerman, Board Aide to Supervisor Steve Bennett Ms. Cole stated that the Golden State Manufactured-Home Owners League (GSMOL) was trying to resurrect AB 1269, which gives residents a process to resolve management disputes since the Mobilehome Residency Law is currently only enforced by tenants taking cases to court. Ms. Cole then discussed a recent case in which the Hearing Officer for the Humboldt County Rent Stabilization Ordinance rejected a challenge to the Ordinance and the plaintiff s Leasehold Advantage argument (article submitted as Exhibit A in MHPRRB Hearing Packet). Ms. Cole and the Board compared the case to the Ojai Valley Estates rent increase application heard before the MHPRRB in Ms. Cole also discussed a recent decision by the U.S. Ninth Circuit Court of Appeals to reject a challenge to the Rent Stabilization Ordinance of the City of Carson and the plaintiff s argument that debt 5

6 May 23, 2018 RRB Minutes Page 2 of 3 service should be an allowed expense in calculating park owners fair returns (article submitted as Exhibit B in MHRRB Hearing Packet). Member Francis mentioned that when the City of Ventura was sued over its rent control ordinance, it was defended by the same law firm retained by the City of Carson. 4. PUBLIC HEARING REGARDING ADOPTION OF PROPOSED ADMINISTRATIVE AMENDMENTS TO RENT REVIEW BOARD (RRB) RESOLUTION NO (CONDUCT OF PUBLIC HEARINGS) FOR THE PURPOSE OF CORRECTING TYPOGRAPHICAL ERRORS AND UPDATING THE TEXT TO BE CONSISTENT WITH THE CURRENT MOBILE HOME PARK RENT CONTROL ORDINANCE (RRB ) Chair Hundley asked for clarification from staff as to the changes being proposed and the action required on this item, which Staff clarified. Motion by member Francis to adopt RRB as proposed. Seconded by member Winegar. Motion passed. Approved 3 0, 2 absent (Eskew, Rosenbaum). 5. COMMENTS FROM RENT REVIEW BOARD MEMBERS No comments. 6. COMMENTS FROM STAFF Staff stated that at the last MHPRRB hearing the Board had requested a resolution to clarify that park owners cannot receive a decontrol rent increase when parkowned spaces reenter rent control. Staff began drafting such a resolution but were advised by County Counsel that the Ordinance was clear enough that such a resolution was unnecessary, but could still be drafted if the Board wished. Member Winegar asked for further explanation of the issue, which Staff provided. The Board agreed no action on the resolution would be taken. For the following hearing, when member Eskew is expected to be present, member Francis requested that Staff detail what sections of the Ordinance were being discussed and summarize the issue as an agenda item. Staff also stated that an article was received from Supervisor Bennett s office entitled HCD Fee and Tax Waiver Program, regarding AB 587 which was passed into law in The intention of AB 587 is to provide a registration fee and tax waiver to those who purchased a mobilehome but did not have the title properly transferred. Board Aide to Supervisor Bennett, Steve Offerman, added that the law essentially created an amnesty program on back fees for those who didn t properly register their mobilehome title upon purchase, and that the law should be publicized among the mobilehome tenants community. Liz Cole of GSMOL also stated that by 2019 there is expected to be a mechanism in place such that mobilehome titles cannot be transferred without previously having been properly registered. Member Hundley mentioned that this was a common issue, and that he has witnessed many mobilehomes be transferred without lenders having reviewed whether their titles were properly registered. The Board, Ms. Cole and Mr. Offerman continued to discuss the importance of AB 587. Staff suggested that 6

7 May 23, 2018 RRB Minutes Page 3 of 3 a press release be issued through the office of the County s Public Information Office to raise awareness of the law. Member Hundley also asked Ms. Cole to publicize the law through GSMOL. 7. MEETING ADJOURNMENT The meeting was adjourned at 1:22 p.m. The next meeting is scheduled for Wednesday, August 22, 2018 at 1:00 p.m. at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room. 7

8 Item 5. RRB Regular Meeting Schedule for Year 2019 Mobile Home Park Rent Review Board Meeting of Nov. 14, 2018 County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) To: From: Mobile Home Park Rent Review Board (RRB) Owen Deutsch, Staff Administrator to the RRB Subject: RRB Meeting Schedule for the Year 2019 Unless otherwise specified, all of the RRB Regular Meetings will be held at the Ventura County Government Center, 800 S. Victoria Avenue, Ventura, CA 93009, Hall of Administration Building, Third Floor, Multi-Purpose Conference Room, at 1:00 PM. For the Year of 2019, the RRB Regular Meetings will be held on the following dates: Wednesday, February 20, 2019 Wednesday, May 22, 2019 Wednesday, August 21, 2019 Wednesday, November 20,