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expenses for the prior year (ending September 30), whichever is less, unless: a) the increases in <br />expenses above two hundred fifty dollars ($250.00) (or the 5%) are not passed on to the residents <br />by a rent increase; b) the residents give their prior approval; or c) the City Manager, after review <br />of the matter, determines that the increased amenities/services are consistent with comparable <br />parks in the East Bay. <br /> <br />6.60.160 Service Reductions. <br /> <br /> A. Meet and Confer. No park owner shall reduce the service levels existing at the park <br />as of the effective date hereof without meeting and conferring with the residents prior to any <br />such reduction. A majority of the residents within a park may file a petition alleging that service <br />reductions have occurred. A hearing officer shall conduct a hearing thereon following the <br />procedures set forth in Section 6.60.080 of this Chapter. <br /> <br /> B. Submission of Fee. At the time the residents file such petition, they shall also submit <br />a fee in the amount specified by the City Council by resolution for the purposes described in <br />Section 6.60.130 of this Chapter. <br /> <br /> C. Burden of Production/Proof. The residents shall have the burden of production and <br />proof that such service reductions have occurred. If the hearing officer finds that service <br />reductions have occurred, the heating officer shall determine the value of the service reductions <br />and may offset the allowable rent increase by the value of the service reductions. Service <br />reductions which affect all spaces subject to the proposed rent increase shall be prorated over all <br />such spaces, regardless of the number of residents claiming such service reductions. If the <br />hearing officer finds that service reductions have occurred, the park owner shall reimburse the <br />residents for their payment of the fee set forth in subsection B of this Section. <br /> <br /> D. Factors to be Considered. In determining the value of any service reductions, the <br />hearing officer shall consider the following factors: <br /> <br />1. The area affected by the service reduction. <br /> <br />2. The length of time the residents have been subjected to the service reduction. <br /> <br />3. The degree of discomfort the service reduction imposes on the residents. <br /> <br /> 4. The extent to which the service reduction causes the mobilehome or the space <br />to be uninhabitable. <br /> <br /> 5. The extent to which the service reduction causes a material reduction in the <br />usability of the mobilehome or space. <br /> <br />6. Other similar factors deemed relevant by the heating officer. <br /> <br />28 <br /> <br /> <br />