Does Milpitas limit rent increases for mobilehome park spaces?

Milpitas's code: Increases above the lesser of 50% of the CPI increase or 5% are subject to review in the hearing process. (Space rent increases after November 1, 1991.) (§ III-30-5.00); The part above the lesser of 50% of the CPI increase or 5% needs Board approval before it takes effect. (A completed petition is timely filed.) (§ III-30-12.00).

Mobilehome park rent in Milpitas: the local rules

Milpitas code What Milpitas's code adds
Annual increase limit	Increases above the lesser of 50% of the CPI increase or 5% are subject to review in the hearing process. Applies: Space rent increases after November 1, 1991. § III-30-5.00 · code text Except as provided in this Chapter, any space rent increase, after November 1, 1991, which exceeds an average of fifty percent (50%) of the increase of the CPI for the twelve (12) month period ending sixty (60) days before notice of such rent increase is given, or five percent (5%), whichever is less, above the space rent, shall be subject to review under the hearing process. The part above the lesser of 50% of the CPI increase or 5% needs Board approval before it takes effect. Applies: A completed petition is timely filed. § III-30-12.00 · code text Providing that a completed petition is timely filed, concerning a space rent increase subject to this Chapter, that portion of the requested rental increase (and only that portion) which exceeds the fifty percent (50%) increase in CPI limitation described in this Chapter or five percent (5%), whichever is less, shall not take effect unless and until such time as the Board allows such increase or portion thereof pursuant to the provisions of this Chapter.
Spaces covered	New spaces, and spaces first rented after September 1, 1992, are excluded for 30 days. Applies: The 30 days start upon completion or first renting. § III-30-3.00 · code text The provisions of this Chapter shall not apply to space rent or space rent increases during a thirty (30) day period commencing upon the completion of a new mobile home space or mobile home space first rented after September 1, 1992. Fixed-term and/or fixed-rent mobile home tenancies beyond 12 months are not restricted by the chapter. Applies: Agreements providing for a fixed term and/or a fixed rent. § III-30-3.00 · code text Nothing in this Chapter shall operate to restrict the rights of tenants and owners who have entered into agreements providing for a fixed term and/or a fixed rent for mobile home tenancies, beyond a twelve (12) month duration.
How often rent can go up	Not more than once in any 12-month period. § III-30-6.00 · code text The space rent of any mobile home space may not be increased more than once in any twelve (12) month period.
Petitions and pass-throughs	An owner may petition for an increase above the standard limits. Applies: The increase allowed under Section III-30-5 does not give a fair and reasonable return. § III-30-22.1 · code text However, in the event a rent increase in the amounts specified in Section III-30-5 does not provide the owner with a fair and reasonable return, the owner may request an increase in excess of said amounts by filing a petition in accordance with the provisions of III-30-22.2 through III-30.22.12. The Board sets the increase in the amount required to give the owner a fair and reasonable return. § III-30-22.12 · code text The Board shall set the rent increase in the amount required to provide the owner with a fair and reasonable return. Such increases apply only to spaces benefited by the improvements. Applies: Rent increases based on the cost of capital improvements. § III-30-22.12 · code text Rent increases based upon costs of capital improvements shall apply only to those spaces benefited by the capital improvements. Such increases apply only to spaces for which the expenses were incurred. Applies: Rent increases based on increased operating expenses. § III-30-22.12 · code text Rent increases based upon increased operating expenses shall apply only to those spaces for which such increased operating expenses were incurred.
When a home is sold or vacated	The chapter does not restrict rents charged after these events. Applies: Voluntary termination, abandonment of a coach in place, removal from a dealer pull-out, or court ordered eviction. § III-30-3.00 · code text Nothing in this Chapter shall operate to restrict the rents charged by an owner in the case of voluntary termination (defined as voluntary removal of the coach by the tenant, excluding replacement of an old coach with a newer coach), abandonment of a coach in place, removal as a result of dealer pull-out (defined as the purchase, removal, and replacement of a coach by a dealer), or court ordered eviction.

Mobilehome park rent in Milpitas

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