practice areas | public agencies | community groups | members of the firm | hiring

MOBILE HOME RENT CONTROL

Shute, Mihaly & Weinberger LLP defends public entities in takings challenges to mobile home rent control ordinances, as well as challenges alleging equal protection and due process violations under 42 U.S.C. section 1983.

• The firm appeared on behalf of national and statewide mobile home owner interest groups as amici curiae in support of the City of Escondido in Yee v. City of Escondido, 503 U.S. 519 (1992), in which the U.S. Supreme Court upheld a rent control ordinance that also limited the ability of a mobile home park owner to terminate a tenancy. Ruling for the City and amici, the Court held that the contract between a mobile home owner and a park owner voluntarily establishes a landlord-tenant relationship such that the ordinance did not require the park owner to submit to a physical occupation of his land by the tenant. The Court’s decision overturned the Ninth Circuit’s earlier decision in Hall v. City of Santa Barbara, 831 F.2d 1270 (9th Cir. 1986).

• The firm successfully defended Santa Cruz County in a takings challenge to its mobile home rent control ordinance. (De Anza Properties, Ltd. v. County of Santa Cruz, 936 F.2d 1084 (9th Cir. 1991).) The Ninth Circuit upheld the district court’s decision granting the County’s motion for summary judgment on the grounds that the plaintiff’s challenge was barred by the statute of limitations.

• The firm successfully represented Santa Cruz County in litigation and settlement negotiations with a mobile home park owner in a challenge to the County’s Mobile Home Rent Control Ordinance. The firm also represented the County in its appearance as amici curiae in the Ninth Circuit on behalf of the City of Rohnert Park, which defeated a similar challenge from the same park owner.