Sec. 19-50. - Failure to provide rental option notice—Misdemeanor/other penalties.

The county of Sonoma has herein created an entitlement in favor of all tenants and applicants for tenancy upon a space occupied by a mobilehome (as defined in Section 2-191(i) of the Sonoma County Code) within a mobilehome park (as defined in Section 2-191(j) of the Sonoma County Code) to choose between a lease for more than a twelve (12) month period, a lease for a period of one year or less, and a month-to-month periodic tenancy. Such tenants and applicants for tenancy shall receive notice of their lawful rental options from the mobilehome park owner as defined in Section 2-191(k) pursuant to Article III, Chapter 19 of the Sonoma County Code. Any mobilehome park owner who fails to provide any person who submits an application for the rental of' space in a mobilehome park ("an applicant") with a "rental option notice" (as set forth in Section 19-54 of the Sonoma County Code) shall be guilty of a misdemeanor and additional penalties under Section 17000 et seq. of the Business and Professions Code.

(Ord. No. 5110 § 1, 1998: Ord. No. 5071 § 1, 1997.)

Sec. 19-51. - Failure to provide a receipt of notice to district attorney—Infraction.

A receipt for the issuance of the rental option notice described above in Section 19-50 shall be returned to the district attorney's office, environmental/consumer law division, La Plaza West, 2300 County Center Drive, Suite B170, Santa Rosa, CA 95403. If the applicant refuses or declines to sign a rental option notice receipt (See Section 19-52 below), the parkowner shall execute the declaration provided on the authorized receipt form stating under penalty of perjury that the rental option notice was timely received on the date claimed, that the applicant refused or declined to execute the receipt, and that the parkowner states that service of the notice was accomplished. Failure to timely file a required receipt shall be an infraction punishable by a two hundred fifty dollar ($250.00) fine for a first offense and a five hundred dollar ($500.00) fine for every subsequent or contemporaneous additional offense. Failure to file the receipt shall also give rise to a presumption that the legally required notice was not provided, and that any more than a twelve month lease subsequently executed was fraudulently secured. All spaces rented to new tenants within the prior twelve months may be audited once a year by the district attorney's office, environmental/consumer law division.

(Ord. No. 5071 § 1, 1997.)

Sec. 19-52. - Form of receipt.

The form of receipt prepared and returned to the district attorney's office, environmental/consumer law division, shall be substantially identical in language to the example below:

RENTAL OPTION NOTICE RECEIPT

I, ____________, have submitted an application for the rental of a space in the Mobilehome Park, ____________, operating within an unincorporated area of Sonoma County. This receipt is executed to confirm that I have received a written notice of my legal right to elect between a month-to-month tenancy (subject to County rent stabilization), a lease of twelve (12) months or less (subject to County rent stabilization), or a lease for a period in excess of twelve months (NOT subject to County rent stabilization).

I understand that I am not required to execute this receipt prior to being handed a copy of the written notice of my option.

Date:____________

____________

(print name of applicant)

____________

Signature

OR:

I,____________, declare that I have served a rental option notice and this receipt upon a person who submitted an application for the rental of a mobilehome space this ____________ day of ____________, 19____________, in ____________, a mobilehome park within an unincorporated area of Sonoma County. This declaration is prepared because the applicant refused or declined to execute this receipt despite the fact that the service of the notice was accomplished.

I declare under penalty of perjury that the above statement is true and correct of my own knowledge. Made this ____________ day of ____________, 1997 in ____________, County of Sonoma, California.

Date:____________

____________

(print name of declarant)

____________

Signature

(Ord. No. 5071 § 1, 1997.)

Sec. 19-53. - Notice to renewing space tenants on leases of more than twelve months in duration.

Any mobilehome park owner (as defined in Section 2-191(k)) who fails to provide any person who is renewing the more than twelve month lease of a space in a mobilehome park with a "rental option notice" (as set forth in Section 19-54 of the Sonoma County Code) at least thirty (30) days before the expiration of the current lease shall be guilty of a misdemeanor and additional penalties under Section 17000 et seq. of the Business and Professions Code.

(Ord. No. 5071 § 1, 1997.)

Sec. 19-54. - Form of rental option notice.

The following form, available at the offices of the district attorney, environmental/consumer law division, or county council, must be used to provide formal notice to current tenants and non-tenant inquirers regarding rent of their mobilehome park space rental option under the Sonoma County Code:

RENTAL OPTION NOTICE

as required by

Chapter 19, Section 19-50 et seq. of the Sonoma County Code

[PARK NAME]

[PARK ADDRESS]

[PARK PHONE]

INQUIRER'S NAME (PRINT): _____

OR

RENEWING TENANT'S NAME (PRINT): _____

MOBILEHOME SPACE ADDRESS OF SUBJECT SPACE

_____

_____

_____

_____

The base rent that is now charged the current tenant, or, if there is no current tenant, that was last charged the prior tenant, for the space referenced above is:

$____________.

The base rent that will be charged for the space to any new homeowner is:

$____________.

The monthly charge on a more than twelve month lease to the (circle one) present tenant/prior tenant (if the space is unoccupied) for the space referenced above is:

$____________.

The month-to-month charge on a tenant who elects not to renew the more than twelve month lease for the space referenced above is:

$____________.

READ AND INITIAL EACH OF THE FOLLOWING TO INDICATE YOUR UNDERSTANDING OF THE PROVISIONS OR AFFIRMATION OF EVENTS:

1.) ____________I have been offered the option of a tenancy of twelve months or less.

2.) ____________I have received a copy of the current Article XIX, Chapter 2 of the Sonoma County Code as a non-tenant inquirer into rental of the space (which is not exempt from local rent control).

or

____________I am aware that the Mobilehome Park Space Rent Stabilization Program does not apply to me as a current tenant of a mobilehome space under a more than twelve month lease, but I know I can secure information upon the law from the Sonoma County Code beginning at Section 2-190.

3.) ____________If I have been offered a lease with a term of more than twelve months, I acknowledge that I may freely negotiate with the park regarding the terms of that agreement.

4.) ____________I understand that if I elect to sign a lease with a term of more than twelve months that my space rent will not be governed by the Sonoma County Mobilehome Park Space Rent Stabilization Program.

5.) ____________I understand that under Sonoma County Code Section 19-55, additional qualifying requirements cannot be imposed upon me as a mobilehome purchaser if I elect the option of a lease for a period of one year or less, or a month-to-month periodic tenancy, except as may be otherwise allowed by Civil Code Section 798.74, its successor/related statutes, or other relevant provisions of law.

6.) ____________I understand that I may be lawfully required as a new tenant to assume the remainder of the prior tenant's remaining term under my predecessor's rental agreement if the express terms of the existing rental agreement so provides.

7.) ____________I have been advised I must assume the remainder of a prior tenant's remaining term under the express terms of a rental agreement first executed prior to March 15, 1998 (or other date:____________/____________/____________).

It shall be a misdemeanor to materially alter this form and attempt to use it as a substitute for the official contents of this form.

(Ord. No. 5093 § 1, 1998: Ord. 5071 § 1, 1997.)

Sec. 19-55. - Efforts to thwart the exercise of the rental option—Misdemeanor/other penalties.

Any and all conduct intended to chill the rights conferred upon tenants and prospective tenants to exercise their legal rental options granted under this article of the Sonoma County Code is prohibited. Any purchaser qualifications that are proposed to be reduced or relieved for "more than one year" lessees (as opposed to "less than one year" lessees and month-to-month tenants) shall be prima facie evidence of an effort to chill and/or deny prospective mobilehome park space tenants their rights under the county code in the absence of a showing that such qualifications are authorized under Civil Code Section 798.74 or other relevant provisions of law. Such conduct shall be unlawful, and persons who commit such conduct or have their agents commit such conduct shall be guilty of a misdemeanor and additional penalties under Section 17000 et seq. of the Business and Professions Code. However, a new tenant may be lawfully required to assume the remainder of the prior tenant's remaining term under a predecessor's binding rental agreement if the express terms of such rental agreement so provides.

(Ord. No. 5093 § 2, 1998.)

Sec. 19-56. - Existing contractual rights—Not impaired.

Nothing in this chapter shall be construed to impair existing contract rights enjoyed by mobilehome parkowners. Rental agreements that require the assumption by a new tenant of the remaining term under such agreements shall not be disturbed to the extent such agreements were executed on or before March 15, 1998 or the operative date of this section, whichever should be later. In such circumstances rental options are not available to the prospective tenant, but the rental option notice shall still be distributed to such prospective tenants and a receipt of notice shall be dispatched to the district attorney as required under Section 19-51 of the Sonoma County Code.

(Ord. No. 5093 § 2, 1998.)