15.04.070 Rent increase limitations.

(A) From and after the effective date of the ordinance codified in this chapter, space rent shall not be increased within twelve months of the anniversary date of the preceding increases unless otherwise determined by a mediation panel or an arbitrator as provided elsewhere in this chapter. The permissible annual increase upon the anniversary date shall be one hundred percent of the annual percentage increase in CPI as defined in this chapter, as long as the annual percentage increase in CPI is no more than six percent. No increase of more than six percent shall be permitted unless otherwise determined by a mediation panel or an arbitrator as provided elsewhere in this chapter.

(B) If the annual percent change in CPI is negative, there shall not be a rent increase. However, the park owner may decrease the rent by an amount in the park owner's discretion.

(C) Notwithstanding the foregoing, the permissible annual increase may be adjusted based on the mitigating factors set forth in Section 15.04.120(E).

(D) A park owner may not increase the space rent within twelve months of the effective date of the preceding rent increase period, unless the park owner can clearly establish that the rental increase is necessary to cover costs of operation, maintenance, capital improvements or substantial rehabilitation not reasonably foreseeable at the time notice of the preceding rent increase was given. If a park owner seeks a rent increase pursuant to this subsection, the procedures set forth in Sections 15.04.090 and 15.04.100 shall be followed.

(E) If a park owner wishes to increase the space rent on the anniversary date or within a twelve-month period more than the amount permitted in subsection A of this section, the procedures set forth in Sections 15.04.090 and 15.04.100 shall be followed.

(F) If an agreement is not reached by the parties through mandatory mediation, and the matter proceeds to arbitration, the arbitrator may reduce the proposed rent increases pursuant to the provisions of this section to a figure determined upon the evidence submitted by the park owner or the park owner's representative to be a fair return.

(G) Any notice of space rent increase given by a park owner pursuant to this section shall be given in writing to the resident affected by the increase at least ninety days before any rent increase is to take effect and if the increase is that of the permissible CPI then the amount of the applicable CPI, as defined in this chapter, shall be set forth in the notice.