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San Rafael tenant lawsuit may determine if RV parks are mobile home parks too
The San Rafael RV Park is a tiny San Rafael enclave, where tenants are suing the relatively new owner. Any vehicle that is deemed a recreation vehicle is either self-propelled or a towable trailer. But can it also be a mobile home?
San Rafael, California - Another mobile home drama is playing out in San Rafael, which could impact other parks that are populated mostly by that the DMV calls RV's.
The San Rafael RV Park is a tiny San Rafael enclave, where tenants are suing the relatively new owner. Any vehicle that is deemed a recreation vehicle is either self-propelled or a towable trailer. But can it also be a mobile home?
In San Rafael, where Highway 101 meets Interstate 580, the Park of San Rafael has space for 45 mobile homes and RV's on a one lane street called Baxter's Court. At the moment, there are seven empty spaces available since some people left or were evicted.
A roadside sign invites new tenants. For four years now, the park has been under the management of Harmony Communities, which represents a private owner.
San Rafael rent control laws require a process before levying a higher monthly payment than allowed.
"When Harmony took over, they didn’t go through that process. They simply announced that they were raising the rent, and they started adding $100 to everybody’s space," Herman Privette, a 50-year tenant told KTVU.
Harmony also insists that this an RV park, not a mobile home park, and is not subject to rent control.
"According to the state of California, anything here in a mobile home park, that's here for more than nine months, becomes a mobile home by definition," Privette said.
The tenants are suing Harmony and the owner for what tenants say are unlawful rent hikes and harassment. Tenants have been given 7-day notices to correct things, including things like leaving brooms outside, having boots out in the open, having a porch, or other violations.
"I myself I received something like 17 seven-day notices in the last two years since Harmony," said Privette.
If uncorrected, eviction notices are sent to the violator.
"Any reason they can find to try to evict somebody, they're evicting people. Since they took over, over half of the people who lived here at that time have been evicted. I'm sure they would like to evict everybody here," said Privette. Harmony says any eviction notices are for health and safety reasons or violations.
Tenants also sued Harmony for violating the terms of a settlement it and the owner made with the city of San Rafael. It allowed tenants who lived here at the time of the settlement to stay until 2033 under rent control.
If a protected tenant moves out or sells, any new tenants have no rent control protection. That makes new tenants what Harmony wants.
"Any reason they can find to evict somebody, they're evicting people," said Privette.
Harmony denies that, but when a protected tenant sells, without rent control, they get a radically lower price, far less than what they would have gotten under rent control. And that is a big problem for the folks living in the park now.