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Correspondence - #33
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Correspondence - #33
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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 44 <br />Unfortunately, it is all too well known that a tenant may be presented with the <br />necessity of buying a few rickety pieces of furniture and creaking appliances to <br />get access to a dwelling. The law, however, was not designed to permit an <br />outgoing tenant to make a killing by demanding whatever the traffic would bear <br />for "improvements" when what is really being sold is the key to the premises. The <br />right to confer occupancy upon another is the right of the landlord, and not the <br />tenant. <br />Id. (Emphasis added). <br />These arguments have not been advanced in any prior litigation, and remain "on the <br />shelf' to show there is no rational basis behind the allowance of profiteering at the cost of the <br />affordable home buyer and at the expense and taking of interest of the park owner. <br />10. THE CLOSURE OF A MOBILEHOME PARK IS A GUARANTEED <br />RIGHT UNDER STATE AND FEDERAL LAW. RELOCATION RATES <br />ESTABLISHED UNDER AB 2782 AND AS PROVIDED BY THE CITY OF <br />SANTA ANA ARE UNCONSTITUTIONAL. ON SITE RELOCATION <br />VALUE IS A CONSTITUTIONALLY REPUGNANT MEASURE OF <br />RELOCATION ASSISTANCE. <br />The change of use of a mobilehome park is authorized under Civil Code §798.56 <br />The proposed ordinance provides: <br />J. Application and Relocation hnpact Report. Before the Change of Use of a <br />Mobilehome Park, the Park Owner shall file with the Rent Board an application to <br />convert the Mobilehome Park. After the application has been submitted, the Park <br />Owner shall submit within 15 calendar days of filing the application for Change <br />of Use, the Mobilehome Owner/Resident questionnaires from the affected <br />Mobilehome Park, and a relocation impact report (RIR). The application for the <br />Change of Use must be made simultaneously with any applications necessary to <br />facilitate the intended future use (e.g., subdivision, demolition, and zoning <br />change.) The Park Owner's application for Change of Use shall also comply with <br />California Government Code sections 66427.4 and 65863.7, as may be amended. <br />The Park Owner shall file this application on a form provided by the Rent Board. <br />The Park Owner may not post any notice or any other indicators of any proposed <br />Change of Use of the Mobilehome Park until and unless (1) the Planning <br />Commission has approved the Park Owner's application for Change of Use and <br />(2) the Park Owner has signed and filed the certificate accepting the conditions of <br />approval adopted by the Planning Commission. <br />The ordinance goes on to state as follows: <br />Relocation Notice. <br />
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