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Mobilehome Rent Ordinance Overview 
In 1979, the San José City Council appointed a task force to address rent issues in rental housing. In July 1979, the City Council adopted a Rent Stabilization Ordinance for mobilehome parks and apartments and created the Rental Rights and Referrals Program to administer the Ordinance. In 1985, the City Council voted to separate the Rent Stabilization into two separate ordinances, one for mobilehome parks and the second for apartments. The Mobilehome Rent Ordinance, Municipal Code Chapter 17.22 and its companion Mobilehome Regulations, regulate rent increases on mobilehomes and mobilehome lots.  

Please click here to view the December 2017 Mobilehome Rent Summary.


Updates

As San José City property owners go out of business and/or convert their land use, relocation consulting services become necessary for tenants and mobilehome residents covered by the City’s Ordinances. To address this need, on August 3, 2017, the Rent Stabilization Program released a Request for Proposal (RFP) to seek bids from entities, both private and or non-profit, interested in providing relocation consultant services to residents displaced by either the City’s Ellis Act Ordinance (SJMC Chapter 17.23.1100) or the Mobilehome Conversion Ordinance (SJMC Section 20.180.630 of Chapter 20.180). Read the information memorandum on the RFP for relocation consultant services to learn more about the number of proposals received, the entities’ names, whether they handle Mobilehome Park conversions and which entity was selected for the conversion of Winchester Ranch Mobilehome Park.


Webpage Sections:

  • Ordinance Coverage 
  • Allowable Rent Increase Under the Ordinance 
  • Park Owners May File a Petition
  • Hearing Decisions
  • Owners’ Rights under the Ordinance - Rent Increases Above the Allowable Amount 
  • Service Reductions 
  • Residents Waiver of Rights 
  • Freedom to Exercise Rights 
  • Office Information 
  • Helpful Links
  • Related Resources




Ordinance Coverage 
The City’s Mobilehome Rent Ordinance covers spaces in which the plumbing, electrical and sewer permits were issued prior to September 7, 1979. Some mobilehome spaces may be exempted from complying with the Ordinance, including those with government subsidized rents or long term leases (over 12 months). 

To determine if a property is rent-controlled, you can click here to view a map of rent-controlled properties. To see if a property is rent-controlled:

  1. Select "Mobile Home Parks" on 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.)
  2. Type in the property address at the top left and press enter.
  3. Click on the purple areas to learn more about the mobilehome parks located there.

Mobilehome Map


Allowable Rent Increase Under the Ordinance 
Under the Mobilehome Rent Ordinance, annual increases on space rents are set by the City of San José at 75% of the San Francisco-Oakland All Urban Consumers CPI, with a minimum of 3% and a maximum of 7%. Park owners must request a formal administrative hearing before going over this amount. If the rent on a mobilehome space was not increased in the prior year, the park may combine the percentages for the two years. There must be at least 12 months between any two rent increases. 

Rents may not, with a few exceptions, be increased when the mobilehome is sold or transferred. The exceptions are abandonments, an eviction by a court or a dealer pull-out. 


Park Owners May File a Petition
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. 

Hearing Decisions
Recent Administrative hearing decisions:

Colonial Mobile Manor Mobilehome Park 2012
Colonial Mobile Manor Mobilehome Park 2013
Summerset Mobilehome Park 2014
San José Verde Mobilehome Park 2015
Oakcrest Mobilehome Park 2015

Owners’ Rights under the Ordinance - Rent Increases Above the Allowable Amount 
Mobilehome owners residing in park spaces that are under the Mobilehome Ordinance are not subject to rent increases above the maximum annual percentage unless a hearing is held and a decision is made. Both the park owner and the Rent Stabilization Program are required to notify all impacted park residents should a park owner petition for a hearing. Should this happen, the Rent Stabilization Program will provide you with additional information on the hearing process. 

In the event that the park owner's request for the increase is granted, you may be required to pay the difference between the amount paid and the amount requested. If the park owner imposes a rent increase above the allowable amount and has not requested a hearing the rent increase may violate the Mobilehome Rent Ordinance. Usually, this is a bookkeeping or other error that can be corrected simply. If it is not corrected then you may be able to seek civil penalties through the courts. Contact the Rent Stabilization Program for more information and assistance. 

Service Reductions 
A service reduction has occurred when the level of service provided by the park owner has been reduced without a corresponding decrease in rent.  The Ordinance does not allow residents to request an administrative hearing but you do have other rights under state and local laws. 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 Rent Stabilization Program, in some situations, can assist both parties to negotiate a solution. You may also be able to seek a remedy through small claims or other courts. 

If your park owner has filed a petition with the Rent Stabilization Program, you will have an opportunity to file a written claim that a service reduction has occurred. Based on the evidence provided by the mobilehome owner, a hearing officer will determine: 
  • if the service reduction is a type that may be considered under the Ordinance
  • if the reduction has occurred since the last opportunity the resident had to file a claim 
  • what, if any, amount of the rent should be decreased in order to compensate for the value of the service

Residents Waiver of Rights 
A resident may temporarily waive his/her rights under the Mobilehome Rent Ordinance only 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.

Freedom to Exercise Rights 
Park owners may not do the following in retaliation for park residents demanding their rights under the Ordinance: 
  • Threaten to sue you for possession of your coach.
  • Harass you until you leave.
  • Reduce your services. 
  • Increase your rent. 
  • Impose a security deposit or any other new charge.
If any of these actions occur, provide a written complaint to the Rent Stabilization Program. 

Office Information
The Rent Stabilization Program may be contacted at (408) 975-4480 or e-mail and is located at:
San José City Hall
Housing, 12th Fl
200 East Santa Clara St.
San JoséCA 95113-1305


The implementation of the Ordinance is overseen by the Housing Department's Rent Stabilization Program staff. The Housing and Community Development Commission provides a forum for citizens to offer input regarding the ordinance.

Helpful Links


To find more available resources, check out the resource directory.

Related Resources