San Leandro Trailer Park v. City of San Leandro CA1/2

DISCUSSION

We presume the parties’ familiarity with the factual and procedural background of this case as well as the substantial evidence standard of review applicable to our review of the Hearing Officer’s decision. 1. Background: The Ordinance As summarized by the trial court, “the City enacted the Ordinance to ‘establish an efficient method for reviewing certain requested Mobilehome Space Rent Increases in Mobilehome Parks to protect Mobilehome Owners from arbitrary, capricious or unreasonable Rent adjustments while enabling Park Owners and/or operators and investors to earn a fair and reasonable return on their investment in their Mobilehome Parks.’ (Ordinance § 4-39- 200.) Except as provided in the ordinance, a mobile home park owner shall not demand rent exceeding the ‘base rent,’ or rent in effect for that space on July 1, 2018. (Id., § 4-39-210(A).) The ordinance provides for annual rent increases and also gives a park owner the right to obtain a rent increase ‘to maintain net operating income (‘MNOI’) equal to the Base Year net operating income adjusted by the percentage increase in the CPI since the Base Year.’ (Id., § 4-39-217(A).) A park owner may apply [to] a…