It’s Not That Easy To Avoid Rent Control.

A municipality denied application to convert a mobilehome park from rentals to ownership, and the applicant sought extraordinary relief in the superior court. The trial court ruled in favor of the applicant, finding the municipality had no power to deny the application on the grounds it was inconsistent with policies embodied in the local coastal program [LCP] and that the record did not support the municipality’s finding the application was an attempt to avoid rent control ordinances. Citing the California Supreme Court’s holding in Pacific Palisades Bowl Mobile Estates v. City of Los Angeles (2012) 55 Cal.4th 783, [288 P.3d 717, 149 Cal.Rptr.3d 383], for its holding that Government Code section 66427.5, while it permits conversion of mobilehome parks, it does not relieve the park from its obligation to comply with the California Coastal Act of 1976 [Public Resources Code section 30000], the appellate court reversed.  The appellate court stated: “Because the conversion was inconsistent with the municipality’s LCP, the municipality lawfully denied the conversion application.” Dunex v. City of Oceanside (Cal. App. Fourth Dist., Div. 1; August 13, 2013) 218 Cal.App.4th 1158.