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13 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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081809
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13 ATTACHMENTS
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1/15/2010 2:02:26 PM
Creation date
8/13/2009 4:33:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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The Map Act Rents are based upon two (2) formulas: one formula for non -lower income <br /> Residents and one formula for lower income Residents, as defined in California Health and <br /> Safety Code §50079.5. <br /> (a) Non -Lower Income Residents. For the non -lower income Residents, the <br /> base rent may be increased in equal annual increases over a four (4) -year period to market rent. <br /> Base rent is defined as that rent which is in effect prior to the Conversion Date. Market rent is <br /> established by an appraisal "conducted in accordance with nationally recognized professional <br /> appraisal standards." The reason the rents are allowed to be raised to market over a four (4) -year <br /> period is to allow the adjustment of rents, which under the Rent Stabilization Agreement has <br /> resulted in below market rents, to occur gradually. This protection for non -lower income <br /> Resident Households also provides time for those households to plan for the rental adjustment to <br /> market. <br /> (b) Lower Income Residents. The State of California has emphasized its <br /> goal of mitigating economic displacement of lower income persons under California <br /> Government Code §66427.5. The lower income households receive a guarantee of reduced <br /> rental increases beyond that which any local jurisdiction can enact under the current rent control <br /> cases and laws of California. Lower income is defined in California Government Code 66427.5 <br /> by referencing California Health and Safety Code §50079.5, which in turn defines lower income <br /> persons as persons and families whose income does not exceed the qualifying limits for lower <br /> income families as established and amended from time to time pursuant to Section 8 of the <br /> United States Housing Act of 1937. Lower income Resident Households are protected for the <br /> entire term of their tenancy. <br /> (1) Rent Increase Formula. The base rental increase is the average <br /> increase for the previous four (4) years immediately preceding the conversion but shall not <br /> exceed the Consumer Price Index "CPI average monthly percentage increase for the most <br /> recently reported period. <br /> (2) Application Process. Residents must provide the same <br /> information and confirmation of the Resident's income as though that Resident were applying <br /> for a State of California, Mobilehome Park Resident Ownership Program "MPROP loan. In <br /> the event that program is no longer in existence, the last application documents will become the <br /> permanent documents, and the qualifying income levels will be those established by either the <br /> State of California Housing and Community Development Department "HCD or the United <br /> States Housing and Community Development Department "HUD at the election of the owner <br /> of the space. <br /> (c) Effective Date of Map Act Rents. The effective date of the Map Act <br /> Rents shall be the Conversion Date (as defined in Section 4.3 herein). As part of the distribution <br /> of the Final Public Report issued by the DRE, the Leases and qualifying information shall be <br /> simultaneously distributed. The Resident Households shall have ninety (90) days within which to <br /> make their election to purchase or to continue to rent their space(s). <br /> DMM: az /159181_4.DOC/051308/4640.001] 4 <br />
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