AWAttorneys

Mobile Home / Rent Control

For some 25 years, our attorneys have advised public agencies in the development, implementation, and administrative application of municipal rent control ordinances (including “factor based” and “Maintenance of Net Operating Income” and “Consumer Price Index” ordinances). We have served as general or special counsel to the Palm Springs Rent Review Commission, the Carson Mobilehome Park Rental Review Board, the City of Ventura Mobilehome Rent Review Board, and the cities of Chino, Palm Desert, Carson, and Palm Springs, cities with collectively over 65 mobilehome parks. We have been in the forefront of litigation to defend municipal rent control.

Our team has assisted in the development of Rent Stabilization Ordinances for several of our clients and has successfully defended facial and as applied challenges to such Rent Stabilization Ordinances, with published opinions favoring our clients from the 9^th Circuit Court of Appeals, California Supreme Court and the 2^nd Appellate District. (Colony Cove Properties, LLC v. City of Carson, et al. (9th Cir. 2011) 640 F.3d 948 [certiorari denied]; Guggenheim v. City of Goleta (9th Cir., en banc, 2010) 638 F.3d 1111 [certiorari denied].)

We have successfully advised planning commissions and city councils in the application of state laws related to closures, conversions, or subdivision of mobilehome parks. We have been actively involved in defending our clients’ rights during hostile conversion attempts by mobilehome park owners who resist oversight of their conversion applications. We have been the lead counsel or the lead counsel of the amici on several actions dealing with this highly contentious issue. Three of those cases have resulted in the three most important published opinions on this issue, granting cities discretion to review and approve, deny or conditionally approve these subdivisions. (Carson Harbor Village, Ltd. v. City of Carson (2015) 239 Cal. App. 4th 56; Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2012) 55 Cal. 4th 783; Goldstone v. County of Santa Cruz (2012) 207 Cal. App. 4th 1038[petition for review denied].) We have also been in the forefront of working on legislation on these important issues, successfully passing SB 510.

Expertise

Development of Rent Stabilization Ordinances
Administrative hearings before rent control review boards
Rent increase applications
Disputes on capital improvements rent and project maintenance
Drafting and defending rent control ordinances
Park closures and closure ordinances
Drafting and defending ordinances on conversion from rental to condominium ownership
Conversion economic studies
Relocation and relocation assistance
Developing financing programs
State and Federal housing assistance programs
Resident park ownership
Park valuation issues
Mobilehome park legislation
Moratoria
Subdivision Map Act and Conversions
Regulatory takings

Expertise in Action

Our attorneys have successfully represented our clients or the amici in the following sample of published and unpublished matters:

Carson Harbor Village, Ltd. v. City of Carson (2015) 239 Cal. App.4th 56
218 Properties, LLC v. City of Carson (2014) 226 Cal. App. 4^th 182
Colony Cove Properties, LLC v. City of Carson (2013) 220 Cal. App. 4^th 840
Colony Cove Properties, LLC v. City of Carson, et al. (9th Cir. 2011) 640 F.3d 948[certiorari denied]
Guggenheim v. City of Goleta (9th Cir., en banc, 2010) 638 F.3d 1111 [certiorari denied]
Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2012) 55 Cal. 4th 783
Colony Cove Properties, LLC v. City of Carson (2010) 187 Cal. App. 4th 1487
Chino MHC, LP v. City of Chino (2012) 210 Cal. App. 4th 1049
Carson Gardens, LLC v. City of Carson Mobilehome Park Rental Review Board (2006) 140 Cal. App. 4th 1323
El Dorado Palm Springs, Ltd. v. Rent Review Com. (1991) 230 Cal. App. 3d 335; See also, El Dorado Palm Springs, Ltd. v. Rent Review Commission, Court of Appeal Case Nos. E011072, E010773, E011103, E011126, E0111682, and E017518
Carson Harbor Village, Ltd. v. City of Carson (2010) 2nd Appellate District Case No. B211777 [petition for review denied]
Colony Cove Properties, LLC v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS106676, Court of Appeal Case No. B208994
Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS077148, Court of Appeal Case No. B180317
Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS077364, Court of Appeal Case No. B170146
Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS085137, Court of Appeal Case No. B181771
Carson Estates v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS079860, Court of Appeal Case No. B171598
Carson Gardens, LLC v. City of Carson Mobilehome Park Rental Review Board, LASC Case No. BS072845, Court of Appeal Case No. B180308