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	Arthur Grebow Leads Successful Amicus Team in Mobilehome Property Tax Pass-Through Case Berger Kahn's amicus brief filed on California Mobilehome Parkowners Alliance’s behalf helped the successful appeal of the state’s Mobilehome Residency Law permitting mobilehome park owners to pass through property taxes to residents [Cacho v. Boudreau, California Supreme Court, Case No. S133378]. The CMPA brief was researched and drafted by Berger Kahn principal Arthur Grebow. This is the second amicus brief that Arthur has filed on CMPA's behalf. On Jan. 11, the Supreme Court issued a decision reversing rulings by the Fourth District Court of Appeal and San Diego Superior Court Judge Luis R. Vargas, concluding unanimously that mobilehome park owners may impose pass-through charges for real property taxes pursuant to a city ordinance without contravening Sec. 798.31 of the Mobilehome Residency Law. Under Sec. 798.31, owners may not charge residents “a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered.” Writing for the court, Justice Joyce L. Kennard said that a property tax charge constitutes “rent” under the state provision because nothing other than use of the rented space and common areas triggers the charge; it is compensation for the use of the rented space and common areas of the park; and it is a business expense that rental property owners have traditionally recovered from their tenants through amounts charged as rent. About Berger Kahn Berger Kahn is a full-service California-based law firm with offices strategically located in Los Angeles, Orange County, San Diego and the San Francisco Bay area. We offer focused strengths across a broad range of core practice areas including Appellate, Business & Corporate, Business Litigation, Entertainment, Employment/Labor, Family Wealth/Trusts and Estates, Insolvency/Bankruptcy, Insurance, Intellectual Property, Professional Liability and Real Estate. Berger Kahn has more than 40 years of combined experience in manufactured housing community law, helping owners, managers and management companies solve their business and real estate problems. Back
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