Gregory Beam
& Associates, Inc
.
 
 
 

Rent Control

The attorneys in our firm have many years of experience in advising mobilehome parks regulated by rent control ordinances. This experience has involved virtually every type of ordinance utilized by California municipalities, including, but not limited to, representation of parks in Oxnard, Palm Desert, Rancho Mirage, San Bernardino, Laguna Beach, Colton, Ventura, Los Angeles County, Carpenteria, Oceanside and Yucaipa.

Although most state and federal court decisions have not been favorable to park owners, they have provided a degree of certainty in advising park owners. In summary, the only certain prevailing parties in connection with protracted rent control litigation, will be the attorney firms involved.

As a result, we have advised our clients to increasingly focus upon two factors to improve profitability:

(1) Utilization of the discretionary rent increase administrative procedures available under the rent control ordinance; and

(2) Advance planning of the records which will eventually be presented in connection with such procedures.

Past issues of the WMA Reporter have contained articles by the firm outlining the advance planning strategy which we have successfully utilized in rent control jurisdictions. While rent control need not mean profit reduction, it does require that park operations be carefully tailored to "fit" within the requirements of a specific rent control ordinance.

It is not unusual for a park owner to approach a law firm and request that the firm immediately prepare the documentation necessary for a discretionary rent increase application. While there are a substantial number of exceptions, our firm generally advises against such an approach. Instead, it is our goal to become a critical member of your management team, focused upon building the record necessary for a successful discretionary rent increase application.

Our philosophy centers around the establishment of a long-term business relationship with our clients. Rent control is a unique legal area, in that the performance of an attorney firm can be accurately measured by the rent increase awarded. As a result, we have increasingly designed fee structures which to a large degree are a function of the results obtained, rather than the number of billable hours generated. This approach evidences confidence in our ability to obtain results, as well as our commitment to avoiding ill-advised litigation in rent control matters.

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