On March 17, 1988 the City Council adopted the Morgan Hill
Mobile Home Rent Stabilization ordinance (No. 856, NS). The
most recent amendment was approved on June 17, 1992. The ordinance
is codified in the Morgan Hill Municipal Code as Chapter 5.36.
This summary has been prepared to give you an overview of
your rights and in an attempt to provide answers to the most
common questions. It does not constitute a summary of the
entire ordinance and is not intended to serve as a substitute
for the ordinance. Before taking any action with regard to
your rights, you are urged to obtain a copy of the complete
ordinance and read it carefully. In certain instances, you
may also want to seek legal advice.
Must the park owner provide me with a copy of this summary
and the ordinance?
The owner is required to provide each tenant with a copy
of this summary. The owner is not required to provide copies
of the ordinance.
Why did the City Council establish this ordinance?
Mobile home tenants and landlords each have a substantial
investment in their property. Unresolved differences can
often result in unnecessary costs in time and money for
both. The Mobile Home Rent Stabilization Ordinance has been
enacted to encourage stability in rent increases while respecting
the rights of owners and tenants.
Who is covered by the ordinance?
The ordinance applies only to mobile home spaces. It does
not apply if there is a lease between the tenant and landlord
on the space for a period greater than twelve (12) months.
How often can my rent be increased?
Rents may be increased only once every twelve (12) months.
How much can my rent be increased?
With certain exceptions, rents generally may be raised by
a maximum of 75% of the Consumer Price Index during the
previous twelve months. However, your rent may not be increased
more than 8% without approval of the Commission.
If the owner wants to raise your rent beyond these limits,
the owner must first gain the approval of the Commission.
The Commission will hold a hearing to determine whether
the increase is appropriate. The Commission will notify
you of the time and place of the hearing and you will be
given an opportunity to present your views.
What if I believe that my rent has been raised more
than permitted by the ordinance?
You may submit a petition requesting a hearing to the City
Clerk. The Commission will conduct a hearing to determine
whether the rent increase proposed by your landlord violates
the ordinance.
You will always be given at least ten (10) days from the
date you receive notice of an increase from your landlord
in which to file your petition. In some cases you may have
more than ten days in which to file as long as you file
the petition at least thirty (30) days prior to the effective
date of the increase.
Can my rent be increased if my home is sold?
Your rent cannot be increased if your home is sold and remains
upon the space. The landlord may charge a one-time administrative
fee of $25.00 upon ownership transfer.
May my landlord pass on to me the fee assessed under
the Rent Stablization Ordinance?
The Ordinance assesses a fee on your landlord to offset
the cost of the mobile home rent stabilization program.
If your space is covered under the Ordinance, your landlord
may pass through to you, once a year, no more than one-half
of the fee charged for your space.
What penalties are associated with violations of this
ordinance?
Willful violations of the ordinance are considered an infraction
and carry financial penalties.
What if I believe my landlord is making things difficult
for me because I have requested a hearing under this ordinance?
The California Civil Code provides penalties for owners
who attempt to raise rents, evict tenants or decreases service
in retaliation for tenants exercising their rights under
this ordinance.
