2002 FEBRUARY - Laserfiche WebLink

6.60.160 C. Burden Of Production/Proof: The residents shall have the burden of pro- duction and proof that such service reductions have occurred. If the hearing officer finds that service reductions have occurred, the hearing officer shall determine the value of the service re- ductions and may offset the allowable rent increase by the value of the service reductions. Service reductions which affect all spaces subject to the proposed rent increase shall be prorated over all such spaces, regardless of the number of residents claiming such service re- ductions. If the hearing officer finds that service reductions have occurred, the park owner shall reimburse the residents for their payment of the fee set forth in subsection B of this section. D. Factors To Be Considered: In determining the value of any service reductions, the hearing officer shall consider the following factors: 1. The area affected by the service reduction. 2. The length of time the residents have been subjected to the service reduction. 3. The degree of discomfort the serv- ice reduction imposes on the residents. 4. The extent to which the service reduction causes the mobilehome or the space to be uninhabitable. 5. The extent to which the service reduction causes a material reduction in the usability of the mobilehome or space. 6. Other similar factors deemed rele- vant by the hearing officer. (Ord. 1843 § 2, 2001) 6.60.170 Duty Of Park Owner To Provide A Copy Of This Chapter: It shall be the duty of every park owner to provide a copy of this chapter to each resident who rents or leases a space from the park owner. (Ord. 1843 § 2, 2001) 6.60.180 Waiver Of Rights: A. Waiver Void: Any waiver or pur- ported waiver by a resident of rights granted under this chapter prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this sec- tion. B. Waiver Not Conditional: It shall be unlawful for a park owner to require or attempt to require, as a condition of tenancy in a mobilehome park, a resi- dent, or prospective resident, to waive in a lease or rental agreement, the rights granted to a resident by this chapter. C. Denial Of Tenancy Unlawful: It shall be unlawful for a park owner to deny or threaten to deny a tenancy in a mobilehome park to any person on ac- count of such person's refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a resident by this chapter. D. Lease Agreements: Nothing in this section shall preclude a park owner or resident, or prospective resident, from entering into a lease or rental agreement described in section 6.60.140 of this chapter, provided that such lease 192-63 (Pleasanton February 2002)