5.16.120 Rent adjustments—Commission decision authority.
A. The commission’s decision shall be based on the preponderance of the evidence at the hearing. All parties to the hearing shall be advised of the commission’s decision and given a copy of the findings upon which the decision is based.
B. Consistent with its findings, the commission may:
1. Permit the requested increase to become effective, in whole or in part;
2. Deny the increase;
3. If circumstances justify, order a reduction in rent to a rate determined by the commission; or
4. Order that the park owner reimburse the applicant(s) the full amount, or any part of the amount, of the application fee where: (a) the applicant for a rent reduction was successful; (b) the park owner has not proven that the rent reduction ordered or the award of costs would deprive the park owner of a fair return as defined in this chapter; and (c) circumstances otherwise warrant the award of costs to the applicant.
C. If the commission finds that an increase that went into effect, or any portion thereof, is not justified, the park owner shall refund the amount found to be unjustified to the homeowner within sixty (60) days after the decision of the commission is announced.
D. If the commission finds that a proposed increase, or any portion thereof that was previously inoperative, is justified, the homeowner shall pay the amount found justified to the park owner within sixty (60) days after the decision of the commission is announced.
E. The conclusions and findings of the commission shall be final.
F. Any party disputing the final conclusions and findings of the commission may seek review of the commission’s actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. 135 § 1, 1995; Ord. 48U § 1, 1991; prior code § 6713)