Civil Code - CIV - CIV § 800.40.6

Summary

(a) For the purposes of this section, the following definitions apply: (1) “Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the Consumer Price Index for All Urban Consumers for All Items for the San Francisco-Oakland-Hayward metropolitan area, or any

Text

(a)
For the purposes of this section, the following definitions apply:
(1)
“Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the Consumer Price Index for All Urban Consumers for All Items 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).
(B)
(i)
For rent increases that take effect before August 1 of any calendar year, both
of 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, both of 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.
(b)
(1)
Except as provided by this subdivision, 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 the percent change
in the cost of living. If the gross rental rate is increased, the increase shall be a minimum of 3 percent and a maximum of 7.5 percent.
(2)
If the annual percent change in the cost of living exceeds 5 percent, only one-half of the percent change in cost of living that is in excess of 5 percent may be used to increase the gross rental rate up to the maximum allowable increase of 7.5 percent.
(3)
(A)
This subdivision shall apply to all rent increases occurring on or after July 1, 2025.
(B)
In the event that management has increased the rent by more than the amount permissible under this subdivision between July 1, 2025, and January 1, 2026, both of the following shall apply:
(i)
The applicable rent on January 1, 2026, shall be the
rent as of July 1, 2025, plus the maximum permissible increase under this subdivision.
(ii)
Management shall not be liable to a homeowner for any corresponding rent overpayment.
(4)
Management shall provide notice of any increase in the rental rate, pursuant to this subdivision, to each homeowner in accordance with Section 800.40.
(c)
(1)
In the event a qualifying in-place transfer of a floating home involves the sale of a floating home either subject to an existing lease with a 10-year or longer term or that was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale, management may establish a new initial rental rate for a prospective homeowner consistent with the following requirements:
(A)
Except as specified in subparagraph (B), the new initial rental rate shall not exceed the lesser of either of the following:
(i)
A 25-percent increase over the rental rate prior to the sale.
(ii)
Fifteen-hundredths of 1 percent of the sale price of the home.
(B)
If the formula described in subparagraph (A) results in a new initial rental rate that is less than a 3-percent increase over the rental rate immediately prior to the time of the home sale, the new initial rental rate shall not exceed the rental rate immediately prior to the time of the home sale plus the most recent percent change in the cost of living, which shall be a minimum increase of 3 percent and a maximum increase of 5 percent.
(C)
The final sale price of the home provided to the marina owner shall be certified and substantiated in writing by the buyer to be true under penalty of perjury, as defined in Section 2015.5 of the Code of Civil Procedure.
(D)
Lease terms offered after an in-place transfer shall be at least 10 years.
(E)
In the event a floating home sold pursuant to this subdivision is sold again within five years, the new total monthly initial rental rate shall not exceed the lesser of either of the following:
(i)
A 15-percent increase over the rent prior to the sale.
(ii)
Fifteen-hundredths of 1 percent of the sale price of the home.
(2)
Notwithstanding the limitations described in
paragraph (1), this subdivision shall additionally apply to all in-place transfers occurring between July 1, 2025, and July 1, 2026, regardless of whether the floating home was subject to an existing lease with a 10-year or longer term or was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale.
(d)
The requirements of subdivisions (b) and (c) 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 allows annual increases in the rental rate up to an amount less than that provided in subdivision (b) or (c).
(e)
Any waiver of the rights under this section shall be void as contrary to public policy.
(f)
(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 (b) or (c), 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.
(g)
This section shall apply only to floating home marinas in the County of Marin.
(h)
This section shall remain in effect only until January 1, 2038, and as of that date is repealed.

Retrieval chunks

• #1 | Civil Code - CIV - CIV § 800.40.6

  (a) For the purposes of this section, the following definitions apply: (1) “Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the Consumer Price Index for All Urban Consumers for All Items for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index. …

• #2

  This subdivision shall apply to all rent increases occurring on or after July 1, 2025. (B) In the event that management has increased the rent by more than the amount permissible under this subdivision between July 1, 2025, and January 1, 2026, both of the following shall apply: (i) The applicable rent on January …

• #3

  Notwithstanding the limitations described in paragraph (1), this subdivision shall additionally apply to all in-place transfers occurring between July 1, 2025, and July 1, 2026, regardless of whether the floating home was subject to an existing lease with a 10-year or longer term or was offered a lease with a 10-year…