Olympia Mobilodge Rent Increase Review Process

 

Mobile Home Rent Stabilization Ordinance 

Understanding the Rent Increase Mediation and Arbitration Review Process
Click here to view the Mobile Home Rent Stabilization Ordinance

 

1. Rent Increase Notice (90-Days)

Landlords must give residents at least 90 days’ notice before raising rent. If the increase is higher than what’s allowed based on the June Consumer Price Index (CPI), the notice must also explain how the increase was calculated and inform residents of their right to request mediation or arbitration. Click here(PDF, 414KB) to view current documents.

2. Resident Petition (51% of Resident Spaces)

Residents who disagree with a rent increase can ask for mediation by filing a petition with the City. The petition must be signed by at least 51% of the affected mobile home spaces and explain the issue. It must also name one resident to act as the group’s representative. This person will receive all notices and information, and anything sent to them counts as notice to all residents who signed the petition.

 

3. City Review/Case Opens

If at least 51% of the affected mobile home spaces sign a petition, the administrator reviews it and will open a case if it shows a clear issue, involves matters the parties can address, and can reasonably be worked out through mediation. Click here(PDF, 295KB) to view current documents.

 

4. Mediation Panel

The City pays for and sets up a mediation panel made up of three people: one park owner and one mobile home park resident who are not involved in the dispute, and a neutral mediator, selected by the City after consulting with the owner and residents. The City provides a list of candidates, and the mediator, along with others, helps choose the final panel members from that list.

 

5. Mediation Process

The mediation panel may hire an independent expert to review the proposed rent increase and provide an unbiased analysis. The park owner must pay the estimated cost in advance, and any unused amount will be refunded. The expert’s findings are shared with both the park owner and residents and are used to help guide discussions during mediation.

Lawyers are not allowed in mediation, unless they are representing themselves. All parties must take part in the opening portion of the mediation, but after that, participation is voluntary. Additional sessions can be scheduled if everyone agrees. No one is required to reach an agreement, but if an agreement is reached, it must be put in writing. If mediation does not resolve the issue, either side can request arbitration.

 

6. Arbitration Process

Petition Requirements: To request arbitration, a petition must be filed with the City within 30 days after the last mediation session. If residents file the petition, it must be signed by at least 51% of the affected mobile home spaces, list who lives in each affected space, and include the date the rent increase notice was received. If the park owner files the petition, it must include the date the notice was given to residents.

Arbitrator Assignment and Cost: The City will assign an arbitrator within 15 business days after receiving a petition. The City will also provide an estimate of arbitration costs at least 50 days before the hearing. The park owner must pay this estimated cost at least 35 days before the hearing. If payment is not made on time, the hearing will be delayed until payment is received.

Hearing: At the hearing, the park owner, residents, and their representatives can present testimony and documents. The arbitrator reviews the information and may delay or reschedule the hearing for a good reason or if everyone agrees. The hearing is less formal than a court, and the arbitrator may consider any information that is relevant and reasonably reliable.

 

7. Decision

The arbitrator must give a written decision explaining the reasons within 14 days after the hearing ends and send it to the City. The City then provides copies to the park owner and affected residents. The decision is final and binding and can only be challenged in court through a limited legal review process.

 

8. Final Arbitration Fees and Case Closeout

The arbitrator sends a final bill to the City for all services. If the total cost is more than what the park owner already paid, the park owner must pay the difference. If the cost is less, the City will refund the extra amount.

If the arbitrator awards arbitration costs to the park owner (up to 25% of the total), the park owner may pass that portion on to residents in spaces covered by rent stabilization. These costs must be divided evenly among the spaces and spread out over 12 months with no interest.

The park owner and residents cannot recover their attorney’s fees through the arbitration process.