July 21, 2008 -- In a ruling that affects how the City of Carson may administer its rent control ordinance throughout the entire City, the Second District of the California Court of Appeal has agreed that Carson can determine fair rents by “averaging” the amounts that can be calculated from various formulas under the City’s rent control ordinance.
William Wynder and Anthony Taylor, partners at Aleshire & Wynder, successfully defended Carson through the entire process, from the hearing before the Mobilehome Park Rental Review Board right up to the recent decision of the Court of Appeal, in Carson Gardens, LLC v. Carson Mobilehome Park Rental Review Board (2008) 2nd Appellate District Case No. B-196223. In its 22 page written decision, the Court of Appeal ruled:
“The Board’s decision to award the average rent increase that would be warranted by [considering the results of three different calculations] was permissible under the ordinance. It require[d] the consideration of each of these and other factors, but does not mandate the use of any particular formula or otherwise specify how the various factors should be combined. The guidelines expressly provide that no particular formula is mandated, but all factors must be considered and balanced.
"The averaging approach was a reasonable one. More importantly, it yielded a reasonable result. . . . Carson Gardens has not carried its heavy burden to persuade us that the increase awarded was unjust and unreasonable.”
"We are pleased by the decision of the Court of Appeal,” reported Anthony Taylor, lead appellate counsel on this important case.
“More importantly, we are happy for the residents of this mobilehome park,” responded Bill Wynder, Carson City Attorney. “The predominately low income residents of this park have lived with the uncertainty of this lawsuit far too long. They finally know what rent they will be paying.”
Currently, there are about 700,000 residents living in mobilehome parks in California. A majority of these residents are very-low to low income households. In Carson, mobilehome park residents comprise approximately 9% of the City’s total housing population with 2,405 senior and family households located in 23 mobilehome parks citywide.