Civil Code - CIV - CIV § 800.40.5

Summary

(a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, w

Text

(a)
(1)
Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase.
(2)
If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.
(b)
(1)
For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the floating home berth, management may establish the initial rental rate not subject to subdivision (a). However, if the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established, except as otherwise provided in this section.
(2)
Notwithstanding paragraph (1), management shall not impose an increase in rent on a homeowner that purchases a floating home if the purchase qualifies as an in-place transfer, and the initial rental rate shall be set at the rental rate of the previous
tenancy. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established.
(c)
Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 800.40.
(d)
Subdivision (a) shall not apply to a tenancy for any of the following:
(1)
A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health
and Safety Code or comparable federal statutes.
(2)
A floating home berth subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(e)
(1)
This section shall apply to all rent increases occurring on or after January 1, 2022.
(2)
In the event that management has increased the rent by more than the amount permissible under subdivision (a) between January 1, 2022, and January 1, 2023, both of the following shall apply:
(A)
The applicable rent on January 1, 2023, shall be the rent as of January 1, 2022, plus the maximum permissible increase under subdivision (a).
(B)
Management shall not be liable to a homeowner for any corresponding rent overpayment.
(f)
Any waiver of the rights under this section shall be void as contrary to public policy.
(g)
For the purposes of this section:
(1)
“Consumer Price Index for All Urban Consumers for All Items” means the
CPI-U for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index.
(2)
(A)
“Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.
(B)
(i)
For rent increases that take effect before August 1 of any calendar year, the following shall apply:
(I)
The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.
(II)
If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in
the amount published for March of the immediately preceding calendar year and March of the year before that.
(ii)
For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:
(I)
The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.
(II)
If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.
(iii)
The percentage change shall be rounded to the nearest one-tenth of 1 percent.
(3)
“In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth.
(h)
(1)
Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (a), this section shall apply.
(2)
This section is not intended to express any
policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section.
(i)
This section shall only apply to floating home marinas in the following counties:
(1)
The County of Alameda.
(2)
The County of Contra Costa.
(3)
The County of Marin, until Section 800.40.6 becomes operative.
(j)
This section shall remain in effect only until January 1, 2030, and as of that
date is repealed.

Retrieval chunks

• #1 | Civil Code - CIV - CIV § 800.40.5

  (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gros…

• #2

  A floating home berth subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a). (e) (1) This section shall apply to all rent increases occurring on or after January 1, 2022. (2) In the event that ma…

• #3

  “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth. (h) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative m…