Natter

Petitioner James Natter, manager of the Portola Palms Mobilehome Park acting on behalf of the park’s owners, appeals from the superior court’s denial of his petition for a writ of administrative mandate. His mandate petition sought to overturn a decision of the Palm Desert Rent Review Commission (Commission) granting a hardship rent increase of $19.05 per space per month instead of the $33.13 increase requested.

The previous owner of Portola Palms noticed and effectuated a $25 rent increase shortly before the present owner purchased the mobilehome park in 1983. Subsequently, while the property was in escrow, Palm Desert enacted and made effective its mobilehome park rent control ordinance. The crux of this dispute is the question of what weight should have been accorded the previous owner’s $25 rent increase in the determination of the present owner’s 1985 hardship rent increase.

Natter asserts the Commission’s refusal to “annualize” the previous owner’s rent increase, i.e., to give it a full year’s effect in calculating the park’s base net operating income (NOI), unconstitutionally deprived the owner of a fair return on the property. We are not required to resolve…