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Monthly Archives: October 2011

Rent Control Repealed in the City of Capitola

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October 14, 2011  |  News and Events  |   Staff

Last night, October 13, 2011, in a victory for property rights and good government, the City of Capitola City Council voted 3-2 to repeal its rent control ordinance. Park residents simply could not accept the loss of what they apparently believed was an entitlement to space rents of under $300 a month for a space perched on the beautiful Santa Cruz coastline. In the end, the City recognized that repeal was the only way to serve the interests of the community as a whole. Councilman Sam Story explained “I’d like to point out that the council and staff have an obligation to the entire city and have to look¬out for the well-being of the entire city.”

Most importantly, the repeal is a victory for the Reed family that owns the park. After learning of the decision to repeal, Ron Reed said, “This has been extremely hard on the Reed family for the past 30 years. When we bought the property, we didn’t ask for rent control. I feel like the Reed family finally got their good name back. We were made to look like villains in the media, even though we treated our tenants very well. We were not the worst people. I can’t say enough about Rob Coldren, Mark Alpert, Bill Dahlin and John Pentecost and the whole team at Hart, King & Coldren. Their skills were instrumental in obtaining this victory for us and I hope it paves the way for other park owners in the same dilemma.”

The real credit belongs to Ron and Randy Reed and family, who have persevered through years of battles with the City of Capitola. Ron Reed helped build Surf and Sand Mobilehome Park decades before rent control was adopted, only to have his property confiscated in the name of affordable housing. We don’t believe for a minute that the politicians who have politically exploited rent control for votes will simply go away, but the example of Capitola demonstrates how those decisions can backfire politically and economically.

Surf and Sand Mobilehome Park is represented by Rob Coldren and Mark Alpert of Hart, King & Coldren.

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Hart, King & Coldren announces the availability of complimentary Unlawful Detainer forms

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October 11, 2011  |  News and Events  |   Staff

In keeping with the firm’s thirty-year tradition to protect the interests of our clients and industry friends, and provide cost-effective solutions, we will now provide complimentary Unlawful Detainer forms that apply to California manufactured housing communities and will assist park owners and managers with the process of evicting a tenant.

The Unlawful Detainer forms can be found on the firm’s website at http://www.hkclaw.com/publications/unlawful-detainer-forms/

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Landlords – you may have to review your “no smoking” policy and either send out notices or amend rules or rental agreements

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October 12, 2011  |  Blog  |   Robert Williamson

SB 332 (Padilla): (signed 09/06/2011) – Codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. Requires every lease entered into on or after January 1, 2012 for residential real property where the landlord has prohibited smoking to include a provision specifying the areas where smoking is prohibited. For leases entered into prior to January 1, 2012, a prohibition against smoking on any portion of the property in which smoking was previously permitted shall constitute a change of terms of tenancy requiring adequate notice, as specified. This bill states that a landlord who exercises the above authority shall be subject to state and local notice requirements governing changes to the terms of rental agreements that are in existence at the time the policy is adopted.

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