ALJ/GEW/hl2 Mailed 6/2/2004

Decision 04-05-056 May 27, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Yucaipa Mobilehome Residents' Association ("YMRA"), a California nonprofit corporation, by Len Tyler, President of YMRA, as representative of the residents of Knollwood Mobilehome Park; Edna Jenkins, a Represented Member of YMRA, an Individual and Resident of Knollwood Mobilehome Park; and Nancy L. Carlisle, a Represented Member of YMRA, an Individual and Resident of Knollwood Mobilehome Park, Complainants, vs. Knollwood Mobilehome Estates, Ltd., a California Partnership, Doing Business as Knollwood Mobilehome Estates, Defendant.

Case 01-06-008 (Filed June 4, 2001)

DECISION ALLOCATING TRENCHING COSTS

1. Summary

Yucaipa Mobilehome Residents' Association, Len Tyler, Edna Jenkins and Nancy L. Carlisle (collectively, complainants), representing residents of Knollwood Mobilehome Estates (Knollwood), initiated this complaint proceeding against Knollwood to contest certain rent increases authorized by the Yucaipa Rent Review Commission (Rent Review Commission). The complaint was dismissed in Decision (D.) 03-01-063 on a finding that complainants' burden of proof had not been met. In considering complainants' application for rehearing, however, this Commission concluded that complainants had proved that allocation of trenching costs associated with submetered gas and electric utility system improvements is required by Pub. Util. Code § 739.5. Accordingly, in D.03-08-077, the Commission reversed D.03-01-063 on that issue and remanded for further proceedings (1) to determine the proper allocation of trenching costs and (2) to remove those trenching costs attributable to the gas and electric improvements from the $111,445 passed on to mobilehome park residents as part of a rent increase. This decision resolves the allocation issue and directs a refund and rent reduction as to those costs that are subject to the Commission's jurisdiction under § 739.5. This proceeding is closed.