Los Angeles County Rent Stabilization Ordinances & Recreational Vehicle Parks

There are two rent stabilization ordinances that govern the unincorporated areas of Los Angeles County. This article explores the applicability of these two ordinances to recreational vehicle parks.

The Rent Stabilization and Tenant Protections Ordinance for Los Angeles County (“RSTPO”) is a local law that limits annual rent increases based on changes in the Consumer Price Index. It also ensures tenants are evicted for valid reasons, with just cause, in unincorporated Los Angeles County. The RSTPO also provides a process for property owners to seek relief if they believe they are not receiving a fair return on their rental based on the permitted maximum annual rent increase.

Rent stabilization units under the RSTPO are divided into three categories: general, small property landlords, and luxury units. Small property landlords 1) are qualified for and have received a Homeowners’ Property Tax Exemption for the property on which the subject rental unit is located; 2) have an ownership interest or beneficial interest in or controls only one (1) rental property with no more than ten (10) rental units; or 3) have an ownership or beneficial interest in or controls no more than three (3) rental properties with a combined total of no more than ten (10) Rental Units, including any rental properties outside of Los Angeles County. Luxury units are units that 1) have two (2) bedrooms or less; 2) are located within a single structure that contains at least twenty-five (25) or more Rental Units; and 3) As of September 11, 2018, the landlord has received at least four thousand dollars ($4,000) per month in rent.

Under section 8.52.030(W) of the RSTPO, a rental unit means a dwelling, as defined under California Civil Code section 1940 subsection (c), including joint living and work quarters, and applies to any building, structure, or part thereof, or land appurtenant thereto, or any other Rental Property rented or offered for Rent for residential purposes, together with all Housing Services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the Tenant, whether or not the residential use is legally permitted, including live-work spaces, mobilehomes rented by the owner to a Tenant, and any accessory dwelling unit located in the Unincorporated areas of the County.

Section 1940 subsection (c) of the California Civil Code defines dwelling unit to mean a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

Section 8.52.030(W) of the RSTPO and section 1940 of the California Civil Code do not specifically nor explicitly encompass recreational vehicles or recreational vehicle parks. An argument would need to be made about how a recreational vehicle within a recreational vehicle park falls within either of these definitions for the ordinance to apply.

The Los Angeles County Consumer and Business Affairs website, as well as the RSTPO, breaks down the units/spaces subject to the County’s protections and the coverage type. The description of the fully covered units does not indicate that a recreational vehicle park would be subject to the rent restrictions specifically. Under section 8.52.010(L), a fully covered rental unit means (1) Rental Units in the Unincorporated areas of the County, which include two or more dwelling units, as defined under California Civil Code section 1940 subsection (c), for which a certificate of occupancy or equivalent permit for residential occupancy is issued on or before February 1, 1995, and (2) Mobilehomes in a mobilehome park offered for Rent by the owner of the mobilehome regardless of the date of the certificate of occupancy or equivalent permit.

Partially covered rental units under section 8.52.010(R) means any Rental Unit in the Unincorporated areas of the County that meets one or more of the following provisions: 1) Rental Units that are permitted with a certificate of occupancy after February 1, 1995, unless Fully Exempt. Permitted shall mean permits that are final and unit is fit for residential habitation, or 2) Any Rental Unit that is separately transferable from the title to any other Rental Unit, including, single family residences, condominiums, and stock cooperatives as defined in California Business and Professions Code section 11003.2, but excluding mobilehomes offered for Rent by a mobilehome owner; or is a subdivided interest in a subdivision, as specified in California Business and Professions Code section 11004.5 subdivisions (b), (d), or (f).

If the partially covered rental unit provision under section 8.52.010(R) were to apply, then one would not only have to prove that a recreational vehicle within a recreational park falls under the definition of a “rental unit,” but that the recreational vehicle was permitted with a “certificate of occupancy” or some arguable equivalent, after February 1, 1995. Moreover, partially covered units would have eviction protections only, not rent restrictions.

The Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance for Los Angeles County (“MRSMOPO”) is a local law that limits annual rent increases based on changes in the Consumer Price Index increase for mobilehome spaces in the unincorporated areas of Los Angeles County. The MRSMOPO also provides a process for mobilehome park owners to seek relief if they believe they are unable to receive a fair return in the operation of their mobilehome park under the permitted maximum annual rent increase. This rent stabilization ordinance specifically pertains to mobilehomes, so recreational vehicle parks would not apply.

Although these ordinances are likely not applicable to recreational vehicle parks, these parks are encouraged to become familiar and stay up to date with the LA county rent stabilization ordinances and related developments.