Besaro Mobile Home Park, LLC v. City of Fremont

MEMORANDUM **

Besaro Mobile Home Park, LLC (“Besaro”) appeals the district court’s judgment dismissing with prejudice Besaro’s claims that the City of Fremont (“City”) violated Besaro’s rights under the Fifth and Fourteenth Amendments. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The City has had a vacancy rent control ordinance (“the Ordinance”) for the three mobile home parks within the City since 1992. The original Ordinance provided that a mobile home park owner could not raise the rent on a home space when a tenant vacated the home, but that the park owner could apply for review if the vacancy rate at a park reached 5%. The Ordinance included a finding that park owners enjoy unequal bargaining power compared to their mobile homeowner tenants.

As a result of Yee v. City of Escondido, 503 U.S. 519 , 112 S.Ct. 1522 , 118 L.Ed.2d 153 (1992) and Richardson v. City and County of Honolulu, 124 F.3d 1150 (9th Cir.1997), the City amended the Ordinance on July 25, 2000 by adding Section 3-13104.1 (“the Amendment”), which allowed park owners to raise rents to any level if a mobile homeowner abandoned a mobile home, if the homeowner was evicted, or if a commercial…