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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTO R N EYS AT LAW <br />City Council of the City of Santa Ana <br />City of Santa Ana <br />September 16, 2021 <br />Page 4 <br />COMMUNITY THAT HAS NOT SHOWN EVIDENCE OF FAILURE IN THE <br />HOUSING MARKET --THE LEVEL OF MANIFEST DYSFUNCTION <br />NECESSARY BASED UPON THE EXPLOITATION OF A HOUSING <br />SHORTAGE TOGETHER WITH THE IMPOSITION OF EXCESSIVE RENTS <br />UNRELATED TO ECONOMIC CONDITIONS ............................... 33 <br />Contrary to the Assumed and Oft -Repeated Dogmatic Belief, Tenants <br />Have Had Superior Bargaining Power . ....................................... 34 <br />SAMPLING OF AMBIGUOUS ASSUMPTION NOT PROVEN: <br />JUDGING FROM INDUSTRIAL ACCIDENT STATISTICS, MOBILEHOME <br />INSTALLATION AND TRANSIT MISHAPS ARE SO LOW AS TO BE <br />WITHOUT STATISTICAL SIGNIFICANCE; "APPRECIATION," HOW <br />IS THAT QUANTIFIED IN THE ORDINANCE FOR REDUCTION OF RENT <br />ADJUSTMENTS?........................................................ 35 <br />8. THE ADAMSON TEST: RENT CONTROLS MUST CONSTITUTE THE LEAST <br />INTRUSIVE ALTERNATIVES AVAILABLE TO REMEDY THE EXTENT OF <br />ANY IDENTIFIABLE ILL REQUIRING LEGISLATIVE INTERVENTION ..... 38 <br />9. THE FAILURE TO PROVIDE FOR VACANCY DECONTROL IS A <br />REGULATORY TAKING IN THE CASE OF PARK OWNERS THAT OWN THE <br />PROPERTY AT THE TU%IE OF INCEPTION OF RENT CONTROL. VACANCY <br />CONTROLS RESULT IN SIGNIFICANT INCREASES IN THE COST OF <br />HOUSING FOR FIRST-TIME HOMEBUYERS, AS WELL AS GENERATES A <br />SIGNIFICANT PREMIUM (TAKING)— ESSENTIALLY "KEY MONEY" <br />WHICH IS NOT JUST AGAINST PUBLIC POLICY BUT ILLEGAL IN RENT <br />CONTROL JURISDICTIONS SUCH AS NEW YORK. .......................... 39 <br />10. THE CLOSURE OF A MOBILEHOME PARK IS A GUARANTEED RIGHT <br />UNDER STATE AND FEDERAL LAW. RELOCATION RATES ESTABLISHED <br />UNDER AB 2782 AND AS PROVIDED BY THE CITY OF SANTA ANA ARE <br />UNCONSTITUTIONAL. ON SITE RELOCATION VALUE IS A <br />CONSTITUTIONALLY REPUGNANT MEASURE OF RELOCATION <br />ASSISTANCE............................................................. 44 <br />CONCLUSION................................................................... 54 <br />ENCLOSURE.................................................................... 57 <br />An Examination of the Impact of Rent Control on Mobile Home Prices in California <br />By David Dale -Johnson Yongheng Deng Peter Gordon Diehang Zheng <br />Lusk Center for Real Estate <br />University of Southern California <br />Los Angeles, CA 90089-0626 <br />