OCEANSIDE — The owner of El Camino 76 mobile home park has asked for a $148.56 space rent increase for mobile home owners.
The Manufactured Homes Fair Practices Commission denied the increase in July and now an appeal hearing officer will decide whether to uphold the decision or allow an increase.
Appeal hearing testimony was heard on Feb. 7.
“It’s not your run of the mill case,” The Hon. Herbert Hoffman, hearing officer, said. “It’s based on expert-oriented economics. I’ll do my best to try to make the best decision I can.
“It’s not black and white.”
Fritz Newman, the park owner, claims the increase is needed to cover a hardship adjustment, specifically $277,000 in legal fees incurred by a park tenant, the Ramos family, taking the owner to court over the issue of not being allowed to keep an 8-foot trampoline.
The trampoline extended into a common area and was considered a safety hazard, which the park owner could not secure insurance to cover. The Ramos family was told the trampoline was not allowed.
The Ramos’ brought the matter to court because they said they felt the owner disrespected them when he ordered the trampoline for their autistic son be removed.
“Maybe this lawsuit was the cost of doing business,” Hoffman said. “They recorded $277,000 as an overriding expense. That’s a huge expense unless the owner is lining his pockets with rents.”
Additional complexities surround the request for the rent increase.
Figures from both sides are different in the park’s rate of return, and percentage used in the index adjustment of net operating income.
There was also a difference in how many park spaces were considered.
The park has 23 park owner owned mobile homes, and 14 leased spaces. Both types of spaces are not covered under city rent control laws.
Another 44 mobile home spaces are rented month to month to mobile home owners and are protected under the rent control laws.
Newman figures solely the month-to-month space renters, who fall under the city rent control law, should absorb the hardship adjustment.
The city, which is defending rent control laws, sees the park as a whole and believes costs should be divided among all park residents.
“They used all expense they better use all income,” Rochelle Browne, outside special council for staff, said.
There is also disagreement over how much the park owner is making and whether the owner can absorb the $277,000 legal cost.
Michael St. John, an expert witness for the park owner, said the park is earning a 4.5 percent return a year.
Jim Gibson, an expert witness for the city, says the owner is making money “hand over fist.”
Gibson said the purchase price of the park that was bought 23 years ago has been paid, and the park rakes in money from rentals and leases. The park has also seen an appreciation.
He said the park earned an average 14 percent return a year from 2009 to 2011.
“If the park is actually earning 14 to 11 percent there is no need for a rent increase,” Hoffman said.
The attorney for the park owner asked Hoffman to grant a rent increase of approximately $100 a month for five years and then a permanent increase of $35.
“The owner is considering his tenants for a very large unusual expense,” attorney Terry Dowdall said.
Hoffman said a $100 a month rent increase would be a shock for renters who pay $400 to $450 for space rents.
“I don’t think anyone would say that’s appropriate,” Hoffman said.
Dowdall said to lessen the sticker shock the increase could be amortized in $25 yearly increments.
Frank Crowley, park resident, requested that Hoffman uphold the commission decision to grant no increase.
“I think a zero percent increase is a fair decision,” Crowley said.
He added that the Ramos family had ample reason to sue the park owner.
“Fritz Newman use to be a friend, now greed has taken over,” Crowley said.
If a rent increase is granted all future increases, including allowable yearly increases, will be based on the amount.
Hoffman said he would consider all testimony, as well as additional briefs and responses by the attorneys, and mail a written decision to both parities within 21 days.
25 comments
You get a companion and a friend you can actually
rely on in times of trouble. Apple Macbook, Dell XPS 15, HP Pavillion dv7, Lenovo G560, Sony Vaio.
Getty Center is renowned for its architecture, gardens,
and views overlooking Los Angeles. Safe-keeping facilities are yet another wonderful advancement
in this day and age. Mission Viejo homeowners can enjoy the many companies that will sometimes
even offer a free estimate, and sometimes may
have a referral discount as well. This 30 day timeframe can be both good and bad
for a seller. Internet speed at Symphony is many times your present speed and also you can download and upload
your video easily. They have taken up the steps to make the clients outsource to them.
There are a number of parameters which make it to the ideal cleaning system.
Time zones, office locations, will no longer be a deciding factor in the claims handling process.
My blog post; worst interstate moving companies
Basically, you can only do 5 invoices, 5 proposals, and 5 expenses
in the free version. You need to seek Tax Filing Help if you would like stay away from Tax
Levy complications like a Wage Levy or Bank
Levy. You would possibly make an sum of cash similar to a consequence of the Regional group.
Also visit my blog post; charles brandon Fort Lauderdale CPA firms
Other symptoms can include but are not limited to irritability and mood swings, hot flashes and night sweats, memory lapses,
aching joints, depression, weight gain, and pelvic pain. In order to
get a rich and spotless tan while keeping your skin smooth and glowing, it
is necessary to use the best quality tanning products.
Exfoliating removes the dead skin cells, which means that the
tanner will dye the skin which is likely to last for a far longer period of time.
my web page :: best fake tan spray
Cynthia Minnaar is a full-time internet marketer and owner of She invites you to visit her internet marketing training website for more link building tips.
Again, the best way to increase page rank is to stay consistant.
To learn more about meta keywords and search engine optimization, read up here:
Optimizing Search Engine Results with Meta Keywords.
my page … social media marketing online course
Nature trinkets like flowing water, reeds, shells, and branches are much
more contemporary than the typical flower-and-vase setup.
They should not be taken out, and then you go looking for a replacement.
Every equity release scheme contains some advantages and disadvantages.
* Some of the storehouses can also help you host your belongings during your sale period.
Whether the engagement is as simple as an assessment to identify
deficiencies and potential improvements or as complicated as a complete outsourcing model,
Cross – Realms, Inc’s engineers will help identify the deliverables and risks, navigate the obstacles,
assign the necessary resources, and deliver end-to-end. Wonderland miami is not only for fast movers, they have also cabaret dancer for young hearts,
that provide a full of entertainment who prefer
this nightly entertainment and style of music because this is a great location to check out the
latest DJs and hit tracks as well as there is ample room for socializing and mingling with other
customer and dance-floor can get quite congested.
They should be able to give a rough estimate over the phone and a more accurate figure after visiting your place.
Interviews of defense professionals, merged with
your data. Ice lets water permeate through the roof which damages the walls too.
They never do any sort of mistake while serving
the important services of resettlement.
Take a look at my web-site – cheap moving companies in mesa az
Fruits and vegetables are naturally low in calories.
The HCG diet is everywhere, the media are raving, the
celebs are raving and even some doctors are raving. ” However, dieters should understand although h – CG dieters might lose similar amount of weight comparing to those without h – CG, they tend to lose more body fat because h – CG cause dieters to lose adipose fat tissues rather than muscle or structural fat comparing to other diet programs.
Here is my blog post – best Choice for
Weight loss
Ear deformities, especially in children can become a target for the less caring children resulting in the child being ridiculed and teased.
Electrolysis – Electrolysis is a solution which utilizes a needle
to kill the hair at its root. Remember, the foaming action of regular shampoos and detergents is for
looks only.
my page low level laser Therapy for Hair growth
To do for that reason fast together with efficiently,
you will have to have the appropriate software program you can use.
As a law, you should determine if the IRS is open to negotiation to arrive
at a compromise. Usually students are assigned to prepare a
financial accounting essay on a particular business to identify the current financial position of
a business in the operating market.
Feel free to surf to my webpage – boca raton cpa john miller fbi
The basis for a diagnosis will start with a thorough examination by your veterinarian. Consult with a veterinarian for the proper dosage
based on the individual pig’s weight. Any cosmetic plastic procedure
could be a worthwhile and extraordinary experience
for both the patient and surgeon, if this is done in the light of surgical standards in term of safety.
Feel free to visit my blog – laser hair restoration treatment
Under the bonnet, Audi claims the new facelifted A4 will be
offered with a range of engines that is 11 percent more fuel efficient than the current generation, despite a significant
increase in power and torque output. Laser procedures are
also used to diminish the emergence of age spots and wrinkles
and also to resurface your skin. This will give
an assurance that the treatment which has offered is effective and
suitable for you.
Here is my homepage … guide hypoallergenic facial cleanser
It can cause the pressure on the feet and all parts of body with pain when the tight shoes have.
Unfortunately, the solutions included by Apple, while adequate,
aren’t exactly up to the task in my mind. Your body will be moving in ways you are
not used to, and you don’t want to be flashing too much skin to those around you.
Feel free to surf to my web blog: pelvic floor exercises after birth pictures
The “Codytan,” a dark liquid, appeared in the late 1920s.
To test for allergies, dab a wee bit of it on your arm.
Another trick to ensure a longer lasting tan is to moisturize your skin with aloe vera
or any natural moisturizer.
Here is my blog post – chloe sims tanning left bundle branch heart block
t tell me the FEDS raided the till for other
priorities. This is because they are too over-shopped and price breaks
are not that high. From what I’d so dissentingly encountered over the years,
in the case of various “ministers,” to the point where I’m not even welcome to attend;
it appears they aspire to being, not “mere” guides, but more like the most self-indulgent, Papally
Infallible “Gurus” (I Peter 5:3).
Here is my site; aarp.com
Insurance secures you against worst case scenarios
and hence you shouldn’t take it lightly. You are the only one will be
hurt by this, so there is no reason not to be honest. If you are not in the mood of spending
much on moving, the moving service provides the
facility of a trailer.
Feel free to visit my web-site :: national moving companies kansas city
As we describe how to use the Suntan Tool, we’ll be using
the same digital photograph that we’ve been working with in other parts of this series covering Paint Shop Pro’s makeover tools.
Look for one with no or very little shimmer, since natural
tans are matte, not shiny. The rise in popularity of sunless
tanning products as a part of the indoor tanning industryyes tanning has indeed spurred the creation of a whole
new industry decades agohas led psychologists and sociologists to speculate on this apparent need of Americans to be tan.
My weblog :: Chloe Sims tanning lone Ranger
If you are giving the door a fresh coat of paint in a new color, you can paint
the molding after it is attached along with the remainder
of the door. The best fit for this occasion depending on your personal preference is usually
women’s pumps, women’s sandals, fashion boots, or a flat causal.
But this squat is not an optimal as it does not train you for labour or birth.
Here is my web blog – goldstar r8000 8000 btu air conditioner
What kind of doctor can an individual get HCG from. At any
rate, our Hc – G drops for weight loss are designed to burn one to two pounds a day.
Below we will give you a few simple ways that you can use to balance out your diet.
Here is my web blog :: hcg weight loss forum
Choose a soap that will cleanse your body and not just perfume it a
little bit. Basically the foremost vital thing with skin care products is their selection. This is a review of this
acne skincare line from this popular Tawainese skincare company.
Feel free to visit my homepage obagi nu derm products discount
Who is HCG appropriate for and what exactly is the process for obtaining it.
At any rate, our Hc – G drops for weight loss are designed to burn one to two pounds a day.
HCG is the Human Chorionic Gonadotropin hormone which is found in large amount in the placenta of
pregnant women.
Here is my web-site :: weight loss with hcg drops reviews
‘ Propecia is meant to be used in men suffering from male pattern baldness after consulting a doctor.
It is important to always make sure that your hair is well
maintained by ensuring that the hair is kept clean. The Hair Transplant Network gives an estimate
of $4 to $8 per graft for a FUT procedure and $6 to $10
per graft for a FUE procedure.
Here is my blog – iGrow Reviews
The wheelchair accessible minivans with ramp are quite widespread due to ease
of modification. CALL TO ORDER (7:00 PM,
City Council Chambers, 2nd Floor, Civic Center). Make an offer that is sure to include all your costs after buying and make a profit for you.
While you could purchase individual stocks or bonds, you may want to go with something a little more solid and
diverse like real estate mutual funds and REITs or real estate investment trusts.
Monetary establishments, investors and foreign investors are comfy with
free-hold. Usually about half of what the average Rehabber makes per
deal. With statehood, properties values in the following small island
country will skyrocket. With their tropical overtones in addition to subtle Americanized ethnical
infrastructure, this country is probably the most underrated investment opportunity in this area of the entire world.
Your specific categories will vary depending on what type of business you have, but the list below is pretty comprehensive.
A step up from the rounded nose would be a gutter guard with one row of openings in the vertical front surface located just under the
rounded nose.
Here is my weblog ground lease valuation
He listed several reasons why Garcinia Cambogia might be the holy grail of weight loss management.
There are also those that supply money-back guarantees should you
discover their patches to be unsuccessful. Losing weight can lead to a host of benefits
for diabetics, but if diet and exercise are working too slowly or not
effectively enough, Ultimate Garcinia can help on the path to stabilized blood sugar levels,
a healthy weight and a healthy body for many years to come.
The hot talented singer, judge of ‘The Voice,
‘ and actress Christina Aguilera is sporting a fabulous new body and she is bragging about
a new fat blasting diet trend that helped her through the weight loss.
Since the i – Phone is a personal device that stays with
you and can be integrated into almost any aspect of your
life it makes sense to address this weight loss obsession with i –
Phone apps for weight loss. For our money, even though it’s the most costly, we selected Nature’s
Symbiotics Garcinia Cambogia HP. Sometimes the battle you have to fought takes years, while in more fortunate
cases, you’ll be able to burn belly fat in a few months.
It functions as fat burner and suppresses the appetite.
They are set and determined so as to ensure that this product hits
the mark of recommendation as related to Dr. Now days, every
diet seems to have a gimmick or need a celebrity endorsement for
it to rank as a success and gain any attention.
Check out my web blog: buy garcinia cambogia online
In addition to the prestige and breadth of the title, becoming
a CPA can increase your yearly salary. If you
run your own business there are several different ways
that you can keep track of your records throughout the year so you are ready for
tax time. Consumers so want to check into leader has feelings for you it can be uneasy
the actual as a citizens.
Review my web blog: boca raton cpa john miller broadcaster
Thanks to the reporter for an accurately reported story. The untold story is that HUD did not find the trampoline was a reasonable accommodation. The debilitating injury from an 8 ft trampoline in close quarters, for which no insurance could be obtained, would exceed property value. I.e., one good accident and the park is out of business. Even the city found the legal defense was just and proper. We did not ask to be sued. Only a village idiot could favor taking such an extraordinary risk.
Rentals are a different business. Income/expense both to be excluded when dealing with homeowners. Else the poor unprotected renter must subsidize the wealthier homeowner. Let’s follow the ordinance, not shape it for a desired result. And once again, the poor renters are doormats for the tenants who own their homes. This is not a tenant rights movement when there is zero concern for the renter. If the ordinance allowed fair return, there would be no need for the ill feelings against all landlords.
It was and is the park owner’s decision to spend and continue to spend in excess of $277,000 on “legal fees” on ridding one homeowner of a trampoline for an autistic child. Why should ANY of the other homeowners bear any of those litigation costs?? It was also the park owner’s decision NOT to include the profits on his park-owned rental homes in his calculations, but then INCLUDE the costs of their maintenance in his debits. It’s a typical tactic of park owners to try to circumvent Oceanside’s rent control ordinance. DUMP KERN & FELIEN IN 2014 and protect these homeowners.
Comments are closed.