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HB20-1196

Mobile Home Park Act Updates

Concerning updates to the laws governing mobile home parks.
Session:
2020 Regular Session
Subject:
Housing
Bill Summary

Section 1 of the bill defines new terms for the purposes of the "Mobile Home Park Act" (Act) and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). Section 1 also relocates, with amendments, the definition of "entry fee" to the Act's definitions section.

Section 2 clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to home owners of the mobile home park (home owners) when the management intends to terminate a home owner's tenancy in the mobile home park (park). Section 2 also states that a home owner has 90 days to cure certain instances of noncompliance and that this 90-day period to cure runs concurrently with the 90-day period to sell the mobile home or remove it from the premises.

Section 3 restates, with amendments, the permissible reasons for which the management may terminate a home owner's tenancy and the notice requirements associated with a termination.

Section 4 states that a notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program.

Section 5 replaces a gender-specific pronoun with gender-neutral language and relocates, with amendments, certain existing language concerning the administration of security deposits by landlords.

Section 6 repeals the definition of "entry fee" from its current location in statute.

Sections 7, 8, and 9 replace gender-specific pronouns with gender-neutral language.

Section 10 clarifies management's duties concerning maintenance and repair of a park; creates new duties relating to the maintenance and repair of water lines, sewage, and other utilities; and replaces a gender-specific pronoun with gender-neutral language.

Section 11 requires management to annually provide certain information concerning water usage and billing to home owners and to post the information in a clearly visible location in at least one common area of the park. The management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all the home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if the management purchases the water from a provider, the total amount paid by the management to the provider.

Section 11 also prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. The bill states that certain actions by management are presumed to be retaliatory and that management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose.

Section 12 relocates existing language prohibiting a rental agreement from including certain provisions and adds new prohibited provisions.

Section 13 adds provisions and relocates, with amendments, existing provisions concerning the amending of park rules and regulations. The bill states that management may add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management shall not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced.

Section 14 requires management to respect the privacy of home owners. The management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, the management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry.

Section 15 clarifies that a landlord may not take any retaliatory actions against a home owner and removes language concerning a home owner's expressed intent in filing a complaint under the program.

Sections 16 to 22 make conforming amendments.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Under Consideration

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Bill Text

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