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has been adopted to encourage good management, reward efficiency and discourage <br />the flight of capital, as well as to be commensurate with returns on comparable <br />investments, but not so high as to defeat the purpose of curtailing excessive mobile <br />home space rents and rental increases. Notwithstanding the foregoing, however, any <br />owner of a mobile home park who contends that the limit on mobile home space rental <br />increases set forth in Section 4 above will prevent the owner from receiving a fair and <br />reasonable return on his/her/its property, may petition for relief from the cap set forth in <br />section 4 pursuant to the procedures set forth in section 6. <br />Section 6. A mobile home park owner may <br />excess of that provided in section 4 in order to obtain <br />his/her/its property. Such petition shall be on an applic <br />Manager and shall be decided by the City Managei <br />Manager"). The applicant shall bear the burden of es <br />excess of that provided in section 4 is necessary to pro <br />reasonable return on his/her/its property, ,including <br />financial report and verified financial data demonstratir <br />he/she/it will not realize a fair and reasonable return on <br />tiotf for -a rent increase in <br />ir'and reasonable return on <br />form prescribed by the City <br />his ',or her designee ("City <br />thing that;;a rate increase in <br />the applicant with a fair and <br />providing an Jndependent <br />t without such an increase, <br />Upon receipt of a fair return petition/application, the City Manager shall determine if the <br />employment of expert(s) will be necessary or appropriate for a ,proper analysis of the <br />applicant's request. If the City Manager so determines, he or she shall also determine <br />the anticipated costs of employing sUch expgrt(s)., The resulting figure shall be <br />communicated to the applicant, and the application shalt not be processed until the <br />applicant has paid to the City, the estima ed'cost of the expert analysis. Any unused <br />portion of the advance payment for expert analysis shall be refunded to the applicant. <br />The factors the City Manager may consider in deciding a fair return petition/application <br />may include, but not be limited to: <br />(1)Changes in,,the Consumer Price Index for All Urban Consumers in the Los <br />Angeles-Lorfg Bea©h-Anaheim Metropolitan Area published by the Bureau <br />of Labor Statistics. ,r ' <br />(2) The rent lawfully charged for comparable mobile home spaces in the City. <br />(3) The length of time since the last determination by the City Manager on a <br />rent increase application, or the last rent increase if no previous rent <br />increase application has been made. <br />(4) The completion of any capital improvements or rehabilitation work related <br />to the mobile home space or spaces specified in the rent increase <br />application, and the cost thereof, including materials, labor, construction <br />interest, permit fees and other items the City Manager deems appropriate. <br />271 <br />65A-274 <br />