15.04.040 Base rent.

(A) Initial Calculation.

(1) Except as provided in this section, a park owner shall not demand, accept or retain rent for a mobilehome space exceeding the rent in effect on that space on the effective date of the ordinance codified in this chapter. If a previously rented mobilehome space was not rented on the effective date of the ordinance codified in this chapter, the park owner shall not, except as provided in this section, demand, accept or retain rent for that space exceeding the rent in effect during the last month the space was rented prior to the effective date of the ordinance codified in this chapter.

(2) If a mobilehome space is exempted from the provisions of this chapter because it is the subject of a rental agreement pursuant to California Civil Code Section 798.17(a) and (b), and that agreement expires and is not renewed, then the base rent, until the next annual adjustment pursuant to this chapter, shall be the space rent in effect for that space prior to the expiration of the rental agreement, excluding separately billed pass-throughs for capital improvements.

(3) It shall be presumed that the initial base date rent yields a fair return.

(B) Adjustment. A park owner may seek an adjustment to the initial base rent where the park owner can clearly establish that circumstances exist which requires an adjustment to assure that the park owner is receiving a fair and reasonable return.

(1) In seeking an adjustment to the initial base rent under this section, the procedures set forth in Section 15.04.090 and shall be followed.

(2) The guidelines for determining an adjustment to the initial base rent are set forth in Section 15.04.160.