Karrin

Oscar Karrin et al. (Karrin), tenants of defendant Ocean-Aire Mobile Home Estates et al. (Ocean-Aire), appeal from the judgment upholding the validity of a monthly capital improvement assessment charged by Ocean-Aire for the repavement of roads within the park. This fee was assessed pursuant to ordinance number 2064 of the City of Oxnard “establishing a mobilehome park rent stabilization system.” Because the California Mobilehome Residency Law (Civ. Code, § 798 et seq.; see especially § 798.31) precludes park owners from charging such fees, we reverse.

On February 11, 1986, the city enacted the ordinance, which became effective March 13,1986. “Subject to the requirements of state law,” section 17.1- 7(c) of the ordinance permits a mobilehome park owner to “segregate and separately bill the actual cost for any mobilehome ordinance assessment . . . and pass on any increase in such charges as they occur.” Section 17.1- 7(c) also states that “[sjuch assessments and charges shall thereafter not be part of the space rent.” It states that “[a]n owner shall segregate and separately bill the actual cost for a capital improvement for as long as the owner amortizes the capital…