15.04.030 Applicability.

(A) The provisions of this chapter shall apply to every mobilehome park within the city, except that the provisions of this chapter shall not apply to mobilehome spaces which are subject to a written rental agreement that is for more than a twelve-month duration. Such spaces are exempt from regulation under this chapter pursuant to Civil Code Section 798.17. The provisions of this chapter shall also not apply to a newly constructed space initially held out for rent after January 1, 1990, in accordance with Civil Code Section 798.45.

(B) The exception provided in subsection A for spaces subject to long term rental agreements shall be effective only until the expiration or other termination of the rental agreement whereupon any provisions of this chapter shall immediately be applicable to the mobilehome space, unless such rental agreement meets the exemption criteria of Civil Code Section 798.17.

(C) Before any rental agreement or lease in excess of twelve months is executed by a resident or prospective resident, the park owner must:

(1) Offer any resident or prospective resident the option of a rental agreement or lease for a term of twelve months or less which will permit such person to receive the benefits of the mobilehome space rent stabilization program;

(2) Provide the resident or prospective resident a copy of this chapter if a copy has not already been provided; and

(3) Inform the resident or prospective resident orally and in writing that if the resident or prospective resident signs a lease or rental agreement with a term in excess of twelve months, that complies with Civil Code Section 798.17, then the lease or rental agreement is not subject to the terms and protections of this chapter. Such written notification shall contain the following recitation:

"UNDER THE CITY OF AMERICAN CANYON MOBILEHOME RENT STABILIZATION ORDINANCE, YOU ARE LEGALLY ENTITLED TO ELECT A MONTH-TO-MONTH TENANCY OVER ANY OTHER LONGER PERIODIC TENANCY. YOU MAY NOT BE ENTITLED TO RENT STABILIZATION (RENT CONTROL) PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE THAN 12 MONTHS IN DURATION IF THAT LEASE MEETS THE REQUIREMENTS OF CIVIL CODE SECTION 798.17(a) & (b) WHICH HAS BEEN ATTACHED HERETO."

(D) Any effort to circumvent the requirements of this section is unlawful, as well as an unfair business practice subject to enforcement under California Business and Professions Code Section 17200 et seq. A lease or rental agreement in excess of twelve months, executed by a resident or prospective resident shall not be exempt from this chapter unless it complies with each and every requirement of Civil Code Section 798.17(a) through (c) for such exemptions.