Mobile Home Space Rent Stabilization Ordinance

Ordinance

After two public readings (May 20, 2019 and June 3, 2019), the Mobile Home Space Rent Stabilization Ordinance (PDF) (Title 4, Chapter 4-39) was adopted by the San Leandro City Council, effective July 3, 2019. 

Notice of Mission Bay Mobile Home Community Service Reduction Hearing Outcome

In the Spring of 2020, following the issuance of Alameda County Health Officer's Orders in response to the COVID-19 pandemic, the owner and operator of the Mission Bay Mobile Home Community, a mobile home park in San Leandro, California, informed the park residents all facilities in the park, including the outdoor swimming pool, would be closed and remained closed until further notice from the Alameda County Health Officer. In response, and pursuant to the City of San Leandra's Mobile home. Rent Stabilization Ordinance, the Mission Bay Residents Association (that represents the residents of the park) filed an application with the City for a rent reduction and rebate based on a "service reduction" as defined in the Ordinance. The owner of the park opposed the application.  In October 2020 the City's Rent Review Officer issued a decision, finding there had been a service reduction and granting the residents a rent rebate and reduction. The owner timely appealed that decision.

As provided in the Ordinance, the City appointed a Hearing Officer (Michael Roush, Attorney at Law,) to conduct a de nova evidentiary hearing of the issue appealed . The Hearing Officer conducted the evidentiary hearing on February 25, 2021. Applicant Mission Bay Residents Association was represented by its President, Deborah Acosta. Andrew Ditlevsen of the Hopkins Carley law firm represented Respondent (and Appellant) Brandenburg, Staedler and Moore-Mission Bay, L.P. There was no appearance on behalf of the City of San Leandro. The record in this matter now being closed, the Hearing Officer, having considered the application, facts and arguments of the parties, and the parties' evidence, sworn testimony and the briefs in support of and in opposition to the application, issues this Decision.

The Park Owner's closure of the outdoor swimming pool during parts of September and between October 1and October 28, 2020 was a material Service Reduction and each Mobile home Owner is entitled to a one time rebate equal to 1.5% of the monthly Rent such Owner paid in September 2020 and to 1.5% of the monthly Rent such Owner paid in October 2020. The Park Owner may amortize this rebate over a period of three months, beginning the first month after this Decision is final. 

Hearing Officer's Decisions (PDF)