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15 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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040709
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15 ATTACHMENTS
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4/1/2009 1:08:32 PM
Creation date
4/1/2009 12:52:50 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/7/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENTS
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The Map Act Rents are based upon two (2) formulas: one formula for non-lower income <br />Residents and one formula for lower income Residents, as dc;fined in California Health and <br />Safety Code §50079.5. <br />(a) Non-Lower Income Residents. For the non-lower income Residents, the <br />base rent maybe increased in equal annual increases over a four (4)-year period to mazket rent. <br />Base rent is defined as that rent which is in effect prior to the Conversion Date. Mazket rent is <br />established by an appraisal "conducted in accordance with nationally recognized professional <br />appraisal standazds." The reason the rents aze alloweii to be raised to mazket over a four (4)-yeaz <br />period is to allow the adjustment of rents, which under the Rent Stabilization Agreement has <br />resulted in below mazket rents, to occur gradually. Tlris protection for non-lower income <br />Resident Households also provides time for those household:; to plan for the rental adjustment to <br />market. <br />(b) Lower Income Residents. The State of California has emphasized its <br />goal of mitigating economic displacement of lower income persons under California <br />Govenunent Code §66427.5. The lower income households receive a guazantee of reduced <br />rental increases beyond that which any local jurisdiction can enact under the current rent control <br />cases and laws of California. Lower income is defined in California Government Code § 66427.5 <br />by referencing California Health and Safety Code §50079.5, which in turn defines lower income <br />persons as persons and families whose income does not exceed the qualifying limits for lower <br />income families as established and amended from time to time pursuant to Section 8 of the <br />United States Housing Act of 1937. Lower income Resident Households aze protected for the <br />entire term of their tenancy. <br />(1) Rent Increase Formula. The base rental increase is the average <br />increase for the previous four (4) years immediately preceding the conversion but shall not <br />exceed the Consumer Price Index ("CPI") average monthly percentage increase for the most <br />recently reported period. <br />(2) Aaolication Process. Fesidents must provide the same <br />information and confirmation of the Resident's income as though that Resident were applying <br />for a State of California, Mobilehome Pazk Resident Ownership Program ("MPROP") loan. In <br />the event that program is no longer in existence, the lust application documents will become the <br />permanent documents, and the qualifying income levels will 1>e those established by either the <br />State of California Housing and Community Development Deapartment ("HCD") or the United <br />States Housing and Community Development Department ("]3UD"), at the election of the owner <br />of the space. <br />(c) Effective Date of Maa Act Rents. The effective date of the Map Act <br />Rents shall be the Conversion Date (as defined in Section 4.3 herein). As part of the distribution <br />of the Final Public Report issued by the DRE, the Leases and qualifying information shall be <br />simultaneously distributed. The Resident Households shall have ninety (90) days within which to <br />make their election to purchase or to continue to rent their space(s). <br />[DMM:as/159181_4.DOC/051308/4640.001] 4 <br />
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