Whispering Pines Mobile Home Park, Ltd. v. City of Scotts Valley

This appeal challenges as insufficient a rent increase for plaintiff’s (hereinafter petitioner) mobilehome park authorized by a rent control commission.

The Scotts Valley City Council in November 1980 adopted an ordinance establishing rent control for mobilehome parks within the city. A Mobile Home Park Rent Review Commission (the Commission) was created to review the reasonableness of proposed rent increases. Whispering Pines Mobile Home Park, Ltd., the owner of Vista Del Lago Mobile Home Park, sought to increase rent at the park and in August 1982 both the owner and some of the tenants petitioned the Commission to review rent increases to take effect October 1, 1982. A retroactive increase was sought for the 1981-1982 rental year applicable to about one-third of the tenants. A 12 percent increase as to these tenants was granted because the other two-thirds of the tenants had already accepted it.

This appeal does not question the increase approved for the 1981-1982 rental year, but only the increase approved for the 1982-1983 rental year. The Commission held hearings on September 29 and October 21, 1982. At the later hearing the Commission orally announced a 2 percent…