Showing posts with label Rent Increase. Show all posts
Showing posts with label Rent Increase. Show all posts

Tuesday, November 8, 2011

Op/Ed: Mobile Home Owners Need Help

http://capitola.patch.com/articles/op-ed-mobile-home-owners-need-help


Op/Ed: Mobile Home Owners Need Help

A Santa Cruz County Mobile Home/Manufactured Commissioner advocates for homeowner protections.

&nbps;1 Comment

By William Neighbors

Mobile/manufactured homeowner disputes and mobile home park issues are on the rise in Santa Cruz County.

I have had several phone calls from mobile home residents in Watsonville regarding Capitola’s rent control. Watsonville's Mobile Home Rent Control was enacted by the voters, not like Capitola where it was an ordinance and the city council had unilateral control to repeal rent control. Watsonville mobile home residents pay a very small amount for rent control, about $1 per month. This is not a lot of money for legal fees.

The city of Watsonville and the residents have to fight park owners who want
higher profits, so they repeatedly challenge rent control laws. Capitola spent over $2 million in legal fees on rent control.

So, what do we need to do? First we need to build a legal fund so when something happens to us we are ready to take it on. Park owners are challenging rent control laws in three mobile home parks right now that are creating legal fees for the city. I have spoken to two attorneys who represent park residents and they say the same thing: we must build a legal fund.

The county is proposing raising the yearly fee to help with their legal expenses defending rent control. It will be implemented in January 2012 for county residents, only not homes in the city limits.

I think we need to pass a city ordinance to collect a small amount from each mobile home owner per month to build this legal fund. I know these are hard times and people don't like fees or taxes, but we are facing litigation in two parks challenging rent control where park owners are proposing to dramatically double
monthly rents in addition to eliminating existing services in Watsonville.

We need to stop this from continuing throughout Watsonville and believe me it will continue just like it has in Capitola.

Owners of mobile homes and manufactured homes have a lot invested in their homes. Let’s all work together and solve these problems that are occurring. It is up to us, the homeowners, to protect our investments. Everyone should get together at their park association meetings and talk about it. I would be happy to attend your meeting.

William Neighbors is a mobile home owner in Watsonville and a commissioner on the Santa Cruz County Mobile Home/Manufactured Commission.

NOTE: A discussion of rent control and tenant rights will be held at Capitola City Hall on Nov. 12 at 10 a.m. It is open to all mobile home owners.

Thursday, November 3, 2011

A doomsday scenario for mobile home owners: Rent DeControl

A scenario for January 2013: The other day, I was evicted from my mobile home because rent control was eliminated and my rent space was raised without limit. Decontrol was implemented, so no one would buy my home because of the high rent.

So last night, I stayed with friends whose home was in foreclosure. The home next door was burned down. We don't know the cause of the fire, because the one Fire Department we have was on another call. Two people were badly burned and the privatized ambulance service that was to respond was not familiar with our location in Oceanside. We tried to call the staff of only eight sheriffs we have to patrol our city, and they were elsewhere.

So this morning, I went to the only library we have and I was told I had to buy a cup of coffee from the concession stand to be able to read a book. But since I live in the city of "Kern" (formerly known as the city of Oceanside in California), I have to believe that Jerry Kern, Jack Feller and Gary Felien had my best interests at heart.

Your true believer and homeless advocate.

DeeDee Dana

Oceanside

Wednesday, September 21, 2011

Councilwoman angered by conditions, rent prices at El Monte mobile home park, San Gabriel Valley

http://www.sgvtribune.com/news/ci_18940412

EL MONTE - Councilwoman Norma Macias is speaking out against what she calls "shameful" conditions at a local mobile-home park.

Macias recently visited Brookside Mobile Country Club, next to Mountain View High School, after receiving complaints from some residents of deplorable conditions and exorbitant rents.

The councilwoman said she intends to do whatever she can, including raising the issue with her council colleagues, to support residents of the park.

"What is taking place here is nothing short of criminal, to take advantage and gouge these people," Macias said. "I, for certain, want to make an issue of what is going on here. We need to do our best to protect our residents."

Officials with Tatum-Kaplan Financial Group, which owns the park through its subsidiary Brookside Investments LTS, declined an interview request for this story. The park's management company, Mobile Community Management Co., a Santa-Ana based group also owned by Kaplan, responded with a fact sheet about the property and company.

Macias, who is considering running for the new 32nd Congressional District, said mobile- home residents are naturally placed in a tough situation when it comes to renting spaces for their homes. Despite the name, mobile homes are often difficult to move because they are damaged or a transfer is too costly. Park owners take advantage, Macias said.

"These people are stuck," she said. "The landlord knows these people are stuck. It really breaks my heart."

One resident, who asked to remain anonymous for fear of retaliation, said his family has lived in the community for more than 30 years and has seen their rent skyrocket.

When they first lived there, rent was $100. Now, it is $1,160 a month "just for the dirt," he said.

According to the U.S. Census American Community Survey, the median rent for apartments and homes in El Monte from 2005 to 2009 was $1,003.

The man said he would move from Brookside but doesn't have the money.

"It can cost $10,000 to move one of these," he said. "We live on a fixed income, and (the landlords) know it. It is all for the money."

Some people have moved away. Walking through the more than 400-space mobile home park at 12700 Elliot Ave., it is easy to tell the park has numerous vacancies. Bare, gray cement slabs are scattered throughout as homes have been removed or transferred. Other homes have been left behind, now boarded up to prevent transients from squatting.

"They have an astonishing rate of vacancy," El Monte redevelopment attorney Dave Gondek said.

Roads are cracked and in one area of the park a former retaining wall is broken and buried beneath a hill of sand.

The park's poor appearance also stems from some residents' lack of concern or an inability to perform maintenance, officials said. Some homes are cracked and worn, and others have overgrown brush and weeds.

Police Capt. Santos Hernandez said police and city staff helped an elderly resident by cutting back overgrown shrubs in the back of her property.

Code-enforcement officers said they are reviewing the property, including the retaining wall, but had no determinations on violations.

Rent control

Like the feudal system in medieval England in which a free man owned his cottage and a feudal lord owned the land and charged a fee for using it, most mobile-home residents own their homes but rent the land beneath the property.

Renters at the Brookside property said rent ranges from $1,000 to $1,500.

Officials with other local cities said mobile-home spaces rent for about $800 or less. Glendora has rent control that keeps rents at about $800. Advertisements show rents in Palmdale, Riverside and Pomona for more than 1,000- square-foot lots are about $450. The Whittier East Community rents lots at $593 a month. In Laguna Beach, a 2,400-square- foot lot is advertised at $1,876.

Unlike Glendora, El Monte doesn't have rent control because of a 1990 ballot initiative. That same initiative also prevents the city from even trying to revisit the issue, which was passed with the help from the owners of Brookside, the Tatum-Kaplan Financial Group, Gondek said.

In 1988, in an effort to stymie rapidly increasing rents for mobile-home parks, the City Council adopted a rent-control ordinance, Gondek said.

It established an avenue for rent review between tenant and park owner with mediators overseeing the review.

Park owners challenged the ordinance with a referendum, but narrowly lost.

Two years later in 1990, the Tatum-Kaplan group, led by Jeffrey Kaplan, brought forth an initiative that proposed to abolish the rent-control ordinance, Gondek said. The selling point of the new plan was rental assistance for low-income senior citizens. Those who qualified would receive a 10 percent discount on rent.

Voters passed the ordinance, and it has been the rule of law ever since.

And if the city ever wanted to challenge it, it couldn't, Gondek said. The redevelopment attorney said Kaplan's team was "clever," and within the language of the voter- approved ordinance, the city is forbidden from contributing any staff time or city funds toward efforts to overturn the law or establish rent control.

For the city to get involved, a new ballot initiative must overturn the law to free the city, Gondek said.

"The language of the ordinance pretty much puts the city of El Monte, as a unit of local government, in a straitjacket," he said.

Tatum-Kaplan's history

Anderson said he is familiar with the Tatum-Kaplan Financial Group, the firm that owns numerous mobile-home parks under several business names, including Brookside.

"They have a tendency to look at the bottom line. A lot of them are that way," he said.

Jeffrey Kaplan and Thomas Tatum own Mobile Community Management Company. Although that company runs Brookside, the land at Brookside is owned by First National Finance, another organization run by Kaplan and Tatum, according to company officials and the Los Angeles County Assessor's Office.

Kaplan, a lawyer who heavily invested in the mobile- home business in the 1980s, owns more than a dozen mobile-home parks in Southern California, according to records from the California Secretary of State's office.

He purchased the Brookside park in the 1980s and initially leased the land, including a 2.1-acre parcel from El Monte Union High School District, city officials said. He later bought the property, including a 2004 deal to buy the school district property for $450,000, according to the purchase agreement.

Kaplan also led a failed state initiative in 1996, similar to the El Monte ordinance, to do away with rent control for mobile homes.

Kaplan and his companies have had their share of lawsuits regarding mobile home parks. Kaplan, Tatum or Mobile Community Management are named in 11 civil suits in San Bernardino County dating back to 1998 and another 10 in Orange County from 1989 to 2010, including fraud, unfair business practices and breach of contract.

A lawsuit has also been filed by residents at Brookside, but attorneys representing the group did not return phone calls seeking comment.

Objecting to rent increases, some Brookside residents formed an association in 2008 and threatened a rent strike, according to the fact sheet provided by Mobile Community Management.

In 2009, about one-third of Brookside residents filed a lawsuit against their landlords after meetings with them dissolved, according to the sheet. Park managers deny any wrongdoing, according to the fact sheet.

Residents disagree.

"They are finding the fastest way to get money out of people's pockets," a resident said.

Friday, September 16, 2011

Mobile-home rent hike request rouses Santee

http://www.signonsandiego.com/news/2011/sep/15/mobile-home-rent-hike-request-rouses-santee/

Park owner says it’s needed, renters say they can’t afford it

— With 12 mobile home parks providing housing for some of its 55,000 residents, Santee seems to be a welcome place for those looking to live in a manufactured home.

The city has specific rent-control guidelines that it adopted in 1994 to protect residents who own mobile homes and rent the land beneath them and to safeguard owners of the properties as well.

Santee Mayor Randy Voepel, who has long been a champion for people who rent spaces in local mobile-home parks, now finds himself in the unusual position of defending Cameron’s Mobile Estates on North Magnolia Avenue, which wants to raise rents significantly.

“The Cameron family has kept their rents low for many, many years,” Voepel said. “If the rent is too low and the formula allows, they may well be able to raise it.”

Diane Mead, who lives in a manufactured home in Cameron’s, moved to Santee 5½ years ago, “because rents were going out of control” in San Diego.

Mead is president of the homeowners association in Cameron’s and one of many in the 303-home park who are concerned about a letter they recently received from a law firm representing Cameron’s Mobile Estates noting that the owners are seeking a rent increase that would go into effect Jan. 1.

Nearly 100 residents gathered at a scheduled homeowners meeting the night of the blackout in San Diego County to figure out to respond to the letter, which states that the Cameron family is submitting an application to the city of Santee for an adjustment in rent, “to receive a just and reasonable return on the park property and prevent an illegal taking under the state and federal Constitution.”

According to a spreadsheet provided by the city, residents of Cameron’s Mobile Estates pay an average of just more than $357 per month for a space on the property. That is the lowest rate in Santee, according to city figures.

Cameron’s application to the city asks for an average rent increase of $557.64 “to maintain the net operating income earned by the park in the 1989 base year, adjustment.” The net operating income is tabulated to cover utilities, insurance, water and sewer, grounds maintenance and other costs.

“Alternatively,” the application to the city notes, “an increase, on average of $422.19 to bring space rents for all spaces within the park to $750 per month, per space for all spaces of the park.”

In a prepared statement, the mobile park’s chief executive officer, A. James Moxham, said the Cameron family “(is) a long standing Santee family that (has) built their homes, businesses and live here and remain a very private family today. Their desire for privacy has resulted in their unwillingness in the past to seek a rent adjustment, which would allow them a fair return on their investment over time as contemplated by the Santee ordinance.

“The continued deterioration of Cameron’s Mobile Estates (Park) financial position necessitates the request... The family does not seek any repayment of the millions of dollars in lost rent over the last 21 years.”

Tom Romstad, mobile home rent control administrator for the city, said Santee’s ordinance is designed to protect people from unreasonable increases from year to year. He said the city permitted a rent increase of slightly less than 1 percent at Cameron’s earlier this year.

“The ordinance has built into it a safety valve for park owners,” he said. “Its purpose is the city not restrict them in their rents to such a degree that it constitutes a violation of their constitutional rights for property.”

Voepel said the city has spent more than $1.1 million over the last 15 years defending mobile-home residents from rate increases.

Mead says residents, many of them in failing health and most with limited, fixed incomes see just one thing: “a 170 percent increase.”

“Residents here are frightened, they’re angry,” Mead said. “Numerous people would not be able to afford even a $25 or $50 dollar increase. These seniors don’t know what to do or where to turn. I understand this is a business but to have 170 percent more profit affects all the seniors. They’ll lose their homes, or they’ll have to sell their homes. A modest increase is understandable, but not this.”

Rents at other parks in Santee range from an average of $445 at Town & Country Manufactured Housing Estates to $715 at Greenbrier Gardens Mobile Estates.

Art Hallman, who has lived in the Cameron’s park for 12 years, is a part-time real estate agent who said he has sold 10 mobile homes in the park over the last seven months. He noted with disappointment that his most recent near-sale fell through because of the current situation. He said he sees more of the same ahead.

“This is a scenario that totally defeats rent control,” Hallman said. “If we lose this battle, we’ve lost rent control.”

The City Council is expected to take up the matter before the end of the year.

Public turns out for Comments on Rent Increase at Yucaipa City Council meeting

http://www.newsmirror.net/articles/2011/09/16/news/doc4e7103e7eac54697682860.txt


By NOELLE KIELY
Staff Reporter
Published: Thursday, September 15, 2011 11:08 PM PDT
Two-and-a-half hours of public comment opened the city council meeting on Monday, Sept. 12 with a standing-room-only crowd.

One item of discussion was the recent approval of a rent increase for the property ow­ner of Yucaipa Village Mobile Home Park. Residents expres­sed their displeasure with the decision.

Resident Eric Lasser began, “The owner has received a sizable increase in rent. Please, whatever the rent commission does. Turn it back to them. It’s not the responsibility of the council.” Lasser also said the council has not received good direction from the city attorney stating, “In the last three years the counsel you’ve received has been wrong.”

Cheryl Barnett, of Yucaipa Village MHP said, “After we got notice of the rent increase we got threatening letters from the owner. We have toxic carpet in the clubhouse and nothing has been done to improve the conditions.”


Yucaipa Mobile Residents Association President Len Tyler spoke on the issue, “We had to pay $17,000 to defend our position and we have no money left to challenge the decision. You threw residents to walls when you approved the increase.”

Tyler continued, “The park owner failed to provide proof of improvements and it should have been denied. The park is in below average condition and I don’t know why that wasn’t taken into account.”

Resident Brian Lared spoke on the El Dorado Ranch project. “We are afraid it will open up the area to be a trash pit. The Mexican drug cartel has a marijuana ranch up there and we are concerned. Last week tractors started working on the job.”

Lared added, “All property owners including, Five Winds Ranch, Cherrycroft, Bear’s Den, Oak Glen Estates and Sample’s acres are voting no on the entire project including the bathrooms that just started last week. We are all adjoining ranches and we don’t want to see this project continue.”

Jan Leja also addressed the council on behalf of Betty Burkle. “Our main objection to this project is its proposed use. The agreement to eliminate overnight camping was a good compromise, but encouraged trail use will have undesirable impacts on our property including trespassing, damage to our property, lighting and lack of monitoring the restrooms and trails.”

A third item of discussion was opposition to the Wilson Creek Business Park and Basin Project. “We understand the city of Yucaipa wants manufacturing jobs and we also know there is a desire for the Wilson Creek Business Park. The problem is the city is trying to develop the property there for a private business (Ingen Technologies).”


Greg Harrington reported of internal problems at the business and criminal allegations by the company’s CEO. “It doesn’t make sense for the city to partner with a business with so many red flags,” and ended, “We do not want Wilson Creek development.”

Yucaipa Mayor Dick Riddell addressed the crowd at the conclusion of public comments. “The comments on all the is­sues tonight did not fall on deaf ears.”

In regards to the Wilson Creek Business Park objections, City Manager Ray Casey said, “The Second Street extension has been part of the plans when the county ran the area.” Additionally, the drainage component is necessary to get the Dunlap area out of the flood plain. “We could take another look alternative uses for the Institutional component,” Cas­ey said.

“In view of the concerns ex­pressed here tonight, it would be wise to address alternatives in the environmental study,” Riddell said to the applause from the audience and added, “In regards to the Second Street extension, that’s been part of the General Plan since incorporation, but we will look at alternatives for the Insti­tutional part.”

Riddell closed the public comment section with “Again, thank you for coming and just know your concerns have not fallen on deaf ears.”

Wednesday, September 7, 2011

Residents fight increase in Camarillo mobile home park rent

http://www.vcstar.com/news/2011/sep/06/some-lamplighter-residents-fight-increase-in/

According to Lamplighter Mobile Home Park resident Matt Lorimer, many of the other residents are moving out because of the unfair rules established by the management, and the increase in rent.

When Debra Vogel purchased her two-bedroom coach at the Lamplighter Mobile Home Park in 2005, she paid $126,000 and $725 per month in rent.

When the park in Camarillo changed ownership in August last year she said, her rent increased by $31, and on top of previous increases, she now pays a monthly rent of $881.40. The rent hike has placed her in a financial bind, Vogel said.

Vogel also said that since the recession, the value of her home decreased by 30 percent. Problems with management and owners of the park also have caused her property value to drop another 30 percent, Vogel alleged.

Appearing before the Camarillo City Council at a meeting last month, Vogel implored officials to help her and the other residents of the park.

"At the rate the new owners are increasing the rent, it will be $1,000 at the end of the year," Vogel said. "I can't sell, but I also can't stay. I am only one person in a sea of homeowners, and we are living with heavy-handed management that makes everyone hesitant that any day, new rules would be inflicted upon us, threatening our homes and our budget. "

For months, a group of residents of the Camarillo mobile home park have appeared before city officials to speak against what they said was an "unfair" rent increase approved by the city's Rent Review Commission. The group has asked the council to amend a policy to allow an appeals process against approved increases.

The City Council is scheduled to discuss the Lamplighter issue at its next meeting Sept. 14.

Some residents have asked city officials to consider purchasing the park with redevelopment agency funds.

Brian Fitterer, who purchased the park in August 2010 under his company Lamplighter Camarillo MHC, LLC, said he provided financial statements to the Rent Review Commission that outlined the various improvements made to the park since his company took over the property.

The park has 227 spaces with rents from $700 to $950 per month, he said.

"We had the ability to put any increase we wanted, but instead we decided to work with the city," Fitterer said in an email. "Residents don't agree and basically want a second bite of the apple after losing at the rent review. We have dealt with the complaints, but you won't hear any good things from the residents. The fact they want the city to subsidize their lives by purchasing the park for them is ridiculous."


Fitterer said he initially asked for a $55 increase, but agreed to the $31 increase recommended by the commission. He said the increase is warranted after more than $100,000 in road improvements in the park, as well as landscaping and other improvements.

Matt Lorimer, president of the Lamplighter Estates Homeowners Association, said the financial statements Fitterer provided to the commission were inaccurate and overestimated several items, including the landscaping work and the $18,000-per-month property tax indicated in the paperwork.

Lorimer has implored city officials to investigate the commission and consider a policy change that would also require an independent accounting firm to check financial statements that are presented to the board.

"We ask for a review and changes to be made to the commission process because it lacks fair rules and regulation," Lorimer said. "The commission must have a process and guidelines to follow."

Residents also have complained about various rule changes and reduction in services at the mobile home park, including cutting hours of access to the park's car-wash area and getting tickets from park management for parking their car on the street overnight.

"They impose these new rules without even alerting residents that rules have changed," Vogel said.

City Councilwoman Charlotte Craven said the city couldn't purchase the park as some residents requested because the property is not located in the redevelopment area.

"Besides, that's not a service we provide as a city," Craven said. "I don't see us buying any piece of rental property. Also, the state is now in the process of taking away our redevelopment money."

While city ordinances do not include an appeal process on rent increases, residents can bring their complaints to civil court, Craven said.

Lorimer said Fitterer refuses to meet with members of the homeowners association to discuss their concerns.

Fitterer said he does not believe Lorimer represents residents.

"I believe the ultimate goal of Mr. Lorimer and his group is to force us to sell the park at a discount to residents," Fitterer said in an email. "The majority do not agree with this, and it is slanderous statements being put forth by Mr. Lorimer."

Lorimer and some residents hope the City Council can step in and address the issues at the park

"If the city does not step in and help, residents will be pushed out," he said. "The city needs to do their part to help the residents. The city needs to address this now."