§ 4-19.03. Definitions.

(a)

Approved Long-Term Lease Agreement/ Supplement. The Approved Long-Term Lease Agreement/Supplement is the agreement approved by City Council resolution, in accordance with the terms of the Memorandum of Understanding between the City and participating park owners. The Approved Long-Term Lease Agreement/Supplement sets forth the applicable terms to be included in any long-term lease agreement or as a supplement to any existing written lease agreement.

(b)

Consumer Price Index. The Consumer Price Index all items for the western region for all-urban consumers as reported by the Bureau of Labor Statistics of the United States Department of Labor.

(c)

Days. Days shall mean calendar days.

(d)

In-Place Transfer. The transfer of the ownership of a mobile home with the mobile home remaining on the mobile home park space following the transfer.

(e)

Landlord. A mobile home park owner, mobile home owner, lessor or sublessor who receives or is entitled to receive rent for the use and occupancy of any rental unit or portion thereof, and the agent, representative or successor of any of the foregoing.

(f)

Mobile Home. A structure transportable in one (1) or more sections, designed and equipped to contain not more than one (1) dwelling unit, to be used with or without a foundation system.

(g)

Mobile Home Owner. A person who has the right to the use of a mobile home lot within a mobile home park on which to locate, maintain, and occupy a mobile home, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

(h)

Mobile Home Park. Any area or tract of land where two (2) or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation for permanent, as opposed to transient, occupancy.

(i)

Mobile Home Rent Hearing Board. A Hearing Board, identified as a subcommittee of the Citizens Housing and Community Development Commission, consisting of three (3) members, exclusive of elected officials.

(j)

Mobile Home Rent Stabilization Administrator. The individual designated by the City Manager to administer the City's Mobile Home Rent Stabilization Program.

(k)

Mobile Home Resident. A person, including a mobile home owner or mobile home tenant, who occupies a mobile home.

(l)

Mobile Home Tenant. A person who rents or leases a mobile home from a mobile home owner.

(m)

Rent. Any consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for or in connection with the use or occupancy, including housing services, of a rental unit or in connection with the assignment of a lease or in connection with subleasing of the rental unit. Rent shall include charges for privileges and facilities supplied in connection with the use or occupancy of a mobile home park space and passthroughs as authorized under this chapter.

Rent shall not include:

(1)

Utility charges for charges for submetered gas and electricity;

(2)

Charges for water, refuse disposal, sewer service, and, or other services which are provided and charged to mobile home residents solely on a cost passthrough basis;

(3)

Any amount paid for the use and occupancy of a mobile home unit (as opposed to amounts paid for the use and occupancy of a mobile home space).

(n)

Rent Increase. Any rent demanded of or paid by a mobile home owner for a mobile home park space in excess of rent paid for the rental unit immediately prior to such demand or payment. Rent increase includes any reduction in services provided to a mobile home resident or transfer of the cost without a corresponding reduction in the moneys demanded for or paid as rent.

(o)

Rental Agreement. "Rental agreement" means a written agreement between a landlord and a mobile home owner or mobile home tenant for the use and occupancy of a rental unit to the exclusion of others.

(p)

Rental Unit. A mobile home park space, located in a mobile home park in the City of Modesto, which is offered or available for rent. Rental unit includes the land, with or without a mobile home, and appurtenant buildings thereto and all housing services, privileges and facilities supplied in connection with the use or occupancy of the mobile home or mobile home park space.

(q)

Service Reduction. A decrease or diminution in the basic service level required to be provided by the landlord pursuant to any of the following:

(1)

California Civil Code Sections 1941.1 and 1941.2;

(2)

The Mobile Home Residency Law, California Civil Code Section 798 et seq.;

(3)

The Mobile Home Parks Act, California Health and Safety Code Sections 18200 et seq.;

(4)

The landlord's implied warranty of habitability;

(5)

An express or implied agreement between the landlord and the resident;

(6)

The level of service as implied by the condition of improvements, fixtures, and equipment and their availability for use by the resident, at the time of the last rent increase.

(Added by Ord. 3451-C.S., § 1, effective 10-4-07)