Mobilehome owners
Mobilehome park Owners/operators
- Access the welcome packet.
- Know the San José housing ordinances: Mobilehome Rent Ordinance & Mobilehome Conversion Ordinance.
- Learn about the petitions process.
- Understand program fees: See "Rent Stabilization Program Fees" below.
OVERVIEW
The Mobilehome Rent Ordinance, and its companion Mobilehome Regulations, regulate rent increases on mobilehomes and mobilehome lots
ORDINANCE COVERAGE
The City’s Mobilehome Rent Ordinance covers spaces for which plumbing, electrical and sewer permits were issued prior to September 7, 1979. Some mobilehome spaces may be exempt from the Ordinance.
To determine if a property is covered by this ordinance, you can click here to view a map or contact the Rent Stabilization Program staff at (408) 975-4480. When viewing the map, follow these steps:
- Select "Mobile Home Parks" from the menu on the left side of the screen to view properties covered by the Mobilehome Rent Ordinance.
(If the menu does not automatically show when you open the map, click the blue box with the three white horizontal lines inside to open the menu.)
- Type in the property address at the top left and press enter.
- Click on the purple areas to learn more about the mobilehome parks located there.
MOBILEHOME RESIDENTS WAIVER OF RIGHTS
A resident may temporarily waive his/her rights under the Mobilehome Rent Ordinance by entering into a long-term lease with the park owner. The waiver of rights is valid only if all of the following criteria are met:
- The agreement was dated on or after January 1, 1986;
- The duration of the lease exceeds twelve (12) months;
- The owner of the mobilehome actually lives at the location on the lease;
- The first paragraph of the rental agreement notifies the mobilehome owner that he/she will be losing their protection under the Ordinance by signing the lease.
ALLOWABLE RENT INCREASES
Under the Mobilehome Rent Ordinance, annual increases on space rents are limited to 75% of the change in the San Francisco-Oakland All Urban Consumer Price Index (CPI), with a minimum increase of 3% and a maximum increase of 7%.
If the rent on a mobilehome space was not increased in the prior year, the park may combine the percentages for two years.
Rents may not, with a few exceptions, be increased when the mobilehome is sold or transferred. Examples of exceptions are abandonments, eviction by a court, or a dealer pull-out.
FREEDOM TO EXERCISE RIGHTS
A park owner may petition for a hearing by an Administrative Hearing Officer to request approval to increase rents above the maximum annual percentage. Residents who will be affected by the increase may participate in the hearing process.
Park owners may not do the following in retaliation for park residents demanding their rights under the Ordinance:
- Threaten to sue the resident for possession of their coach;
- Harass the resident until they leave;
- Reduce the resident's services;
- Increase the resident's rent;
- Impose a security deposit or any other new charge.
If any of these actions occur, residents should provide a written complaint to the City's Rent Stabilization Program or consult with legal counsel.
SERVICE REDUCTIONS
A service reduction occurs when the level of service provided by the park owner has been reduced without a corresponding decrease in rent. The State Mobilehome Residency Law allows mobilehome park residents to make a written request for a meeting on service problems with the park owner or their representative. If this meeting does not resolve the problem, the City's Rent Stabilization Program may be able to assist both parties in negotiating a solution. You may also be able to seek a remedy through small claims or other courts.
RENT STABILIZATION PROGRAM FEES
As part of the annual budgetary process, the Housing Department completes an analysis to determine the fee amounts for the various fees associated with operating the Rent Stabilization Program. The Rent Stabilization Program administers the following Ordinances:
- Apartment Rent Ordinance (ARO);
- Tenant Protection Ordinance (TPO);
- Ellis Act Ordinance (Ellis); and
- Mobilehome Rent Ordinance (MRO).
Staff annually conducts a cost recovery analysis for each fee program. This analysis considers the number of apartments and mobilehomes covered by the Apartment Rent Ordinance, Tenant Protection Ordinance, Ellis Act Ordinance, and the Mobilehome Rent Ordinance, and evaluates the costs to administer those ordinances. An allocation of staffing cost and non-personnel costs are calculated on a program basis. Invoices are mailed in early November and payment is due by December.
Please review the below chart for the most up-to-date fees for each Ordinance.
Year |
Apartment Rent Ordinance |
Tenant Protection Ordinance |
Ellis Act Ordinance |
Mobilehome Rent Ordinance |
2022 - 2023 Fee Levels |
$72 per unit |
$23 per unit |
$2,833 per unit up to 10 units |
$35 per space |
If you believe your ARO unit(s)/building(s) qualifies for an exemption, please fill out the Annual Request for Fee Exemption Form and return the original—along with required supporting documents—to the City of San José Rent Stabilization Program, 200 E. Santa Clara Street, 12th Floor, San José, CA 95113-1905. Keep a copy for your records. If you own more than one property, please submit one exemption form per property.
CONTACT INFORMATION
The Rent Stabilization Program may be contacted at (408) 975-4480 or by e-mail. It is located at:
San José City Hall
12th Floor
200 East Santa Clara St.
San José, CA 95113
HELPFUL LINKS