In 2012 the Chula Vista Mobile Home rent control ordinance was changed. Converted Vacancy Control to Temporary Vacancy De-Control and in doing so allows park owners to raise incoming residents’ rents to whatever they please, with zero restriction. Since this change we have seen rent increases of $200 plus on homes being sold. Before, park owners were held to the Consumer Price Index or had to petition the Rent Control Commission to seek an increase.
In 2011 a mobile home park resident and her husband had lived in a mobile home park for 27 years. Both became ill, so they had their partially disabled son move in to help. A few months later her husband died. She went to the office and ask to have her son listed on the rental agreement and was told to have him put on the title of the home and then he could be listed as a resident instead of a guest.
Time went by. For four years the son was treated as a resident with all the same privileges. The situation took a turn
in January 2015 when the resident had a cardiac incident.
Now almost four years later, after the change in Chula Vista ordinance, management told her that her son had to register as a guest. With the new ordinance in place, when the woman passes her son will not be allowed to continue paying the same rent, he would be classed as a new resident and have to pay an increased rent (apx. $200 over the existing). On his disability income it would be impossible.
With the help of good neighbors and friends the elderly woman was able to hire an attorney that would take her case on contingency, all she would have to pay upfront was the filing fees, which she didn’t have.
At first the attorney paid the fee out of her own pocket. Then friends and two mobile/manufactured home advocates, Chula Vista Mobile Home Residents Association and California Manufactured-home Owners Alliance stepped up and covered that expense.
The case will be heard in the Superior Court of California, County of San Diego- Central Division and has six Complaints for Damages, 1. Unruh Act, 2. Fair Employment and housing Act, 3. Breach of Implied Contract, 4. Breach of Express Contract, 5. Promissory Estoppel and 6. Preliminary and Permanent Injunction plus Demand for Jury Trial. Defendants have filed for an Anti-SLAPP Motion to be heard in Aug.
So at this time we are waiting to see what the next step is.
If you would like to view the complete case the case number is 37-2015-00007009-CU-CR-CTL, in Superior Court of California in and for the county of San Diego+ Central Division.
Vaughn is HOA President of Otay Lakes Lodge and Chula Vista Mobile Home Residents Association.
