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Board affirms arbitrator in Del Cielo mobile‑home rent dispute, denies $20,000 broker commission pass-through
Summary
The Santa Barbara County Board of Supervisors unanimously affirmed an arbitrator's March 31 award allowing a $24 monthly rent increase at Del Cielo Mobile Home Park and determined a $20,000 broker commission could not be passed through to residents.
Santa Maria — The Santa Barbara County Board of Supervisors unanimously affirmed an arbitrator’s March 31 final award in the Del Cielo Mobile Home Park rent arbitration on June 23, rejecting the park owner’s appeal that would have added a $20,000 broker commission to the pass‑through costs residents must bear.
Ted Tybur presented the staff recommendation and explained the limited scope of the board’s review under the county’s Rule 23 for mobile‑home rent‑control arbitration: the board may overturn an arbitrator only for abuse of discretion, failure to proceed as required by law, or findings unsupported by substantial evidence. The arbitrator had set the allowable rent increase at $24 per space per month.
Jason Dilday, attorney for the homeowner’s management, asked the board to correct the arbitrator’s legal interpretation and reinstate a $20,000 broker commission the arbitrator disallowed. "A broker's commission is the textbook example of an expense incidental to purchase," Dilday said, arguing the commission should be included and would raise the allowable monthly increase to roughly $33.
Tenants' counsel Bruce Stanton urged the board to defer to the arbitrator under the substantial‑evidence standard, saying the arbitrator’s 13‑page decision had detailed findings that supported his conclusion that the commission was not incidental and therefore not pass‑throughable.
After oral argument and a brief period of deliberation the board found the arbitrator did not abuse his discretion, concluded that the $20,000 commission was not allowable under the ordinance's incidental‑expense framework, and affirmed the award by roll‑call vote. County counsel noted the parties retain court options if they wish to seek further judicial review.
What happens next: The arbitration award stands as affirmed by the county board; management may seek judicial review in state court. The board recorded findings and closed the matter.
