15.04.090 Information to be provided by the park owner.

(A) Within thirty days after the effective date of the ordinance codified in this chapter, and upon the re-renting of each mobilehome space thereafter, the park owners shall supply each affected resident or prospective resident with a current copy of this chapter.

(B) When raising rent pursuant to Section 15.04.070(A) the park owner must provide a minimum ninety-day written notice to the mobilehome resident and the administrator outlining the calculations used to compute the new rent, both as a dollar amount and a percentage.

(C) Whenever the park owner serves a copy of a rent increase, except where the rent increase is calculated pursuant to Section 15.04.070(A), the park owner shall at the same time and in the same manner serve the affected resident or prospective resident with a notice that sets forth all of the following information:

(1) The amount of the rent increase, both in dollars and as a percentage of existing rent and documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses, a statement of the cost, nature, amortization, and allocation among mobilehome spaces of any substantial rehabilitation or capital improvements; a summary of the increased cost of the park owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the park owner's net operating income of the preceding twenty-four months and other relevant information that supports the level of rent increase desired;

(2) The identity of all other affected residents in the spaces which they rent;

(3) The address and telephone number of the administrator and a statement that the resident is encouraged to contact the administrator for an explanation of the provisions of this chapter;

(4) A copy of the petition form prepared and provided by the administrator which initiates the process of mandatory mediation, and if necessary, arbitration, established by this chapter; and

(5) If applicable, notification that the proposed increase exceeds the annual change in the CPI and that mandatory mediation and, if necessary, arbitration are available as alternative dispute resolution remedies by the provisions of Section 15.04.100. Such notices shall bear the following language in capital letters:

"MANDATORY MEDIATION AND, IF NECESSARY, ARBITRATION OF THE PROPOSED INCREASE ARE AVAILABLE AS ALTERNATIVE DISPUTE RESOLUTION REMEDIES IN THIS MATTER BY OPERATION OF LAW."

Erroneous use of this notice should be regarded as a irrevocable stipulation to submit to mandatory mediation and, if necessary, arbitration.

(D) The park owner shall at the same time file with the administrator two copies of the notice and summary of expenses required by subsection B of this section, along with two copies of all relevant financial records, bills or documents which substantiate the level of increase proposed. This information will be made available at the administrator's office during normal business hours for inspections and copying by the affected residents.

(E) Any financial information presented to the park owner pursuant to subsection C of this section, shall be verified in writing by an auditor or certified accountant or certified in writing as true and correct under penalty of perjury by the park owner.

(F) A park owner failing to provide any information, documents or notices required by this section shall not be entitled to collect any rent increase that might otherwise be agreed upon through mandatory mediation or awarded by an arbitrator. Such failure by the park owner shall be a defense in any action brought by the park owner to recover possession of a mobilehome space or to collect any rent increase from a resident.

(G) With the exception of rent increases pursuant to Section 15.04.070(A) a rental dispute hearing process may be invoked by written petition of mobilehome owners representing fifty-one percent of the mobilehome spaces affected by a rent increase as provided in Section 15.04.100, regardless of whether the park owner has failed to provide the affected residents with all the information, documents, and notices required by this chapter, except in the case of an increase allowed per Section 15.04.070(A).