Bill Text: AZ HB2633 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Long-term RV act; manager education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-10 - Senate read second time [HB2633 Detail]
Download: Arizona-2020-HB2633-Engrossed.html
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House Engrossed
long-term RV act; manager education
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2633 |
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AN ACT
amending sections 33-1409, 33-1476.02 and 33-2102, Arizona Revised Statutes; amending Title 33, chapter 19, article 1, Arizona Revised Statutes, by adding section 33-2108; amending section 33‑2144, Arizona Revised Statutes; relating to the recreational vehicle long-term rental space act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1409, Arizona Revised Statutes, is amended to read:
33-1409. General definitions
Subject to additional definitions that are contained in subsequent articles of this chapter and that apply to those specific articles, and unless the context otherwise requires, in this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.
2. "Anniversary date" means an annual date applying to all tenants stated in the rental agreement on which the landlord may adjust the amount of rent.
3. "Appurtenances" means awnings, sheds, porches and other attachments to the mobile home.
4. "Building and housing codes" includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises, dwelling unit or mobile home space.
5. "Change in use" means either of the following:
(a) A change in the use of land from the rental of mobile home spaces in a mobile home park to some other use.
(b) The redevelopment of the mobile home park.
6. "Compatible" means a mobile home that is in a similar condition as the majority of the other mobile homes in the mobile home park, as determined by the maintenance, condition and overall appearance of the mobile home.
7. "Director" means the director of the Arizona department of housing.
8. "Dwelling unit" excludes does not include real property used to accommodate a mobile home.
9. "Educational program" means a class, workshop or educational convention that primarily instructs attendees on issues dealing with the operation of a mobile home park or recreational vehicle park, or both, and that is sponsored by a nonprofit organization whose sole or primary purpose is the advocacy and promotion of the rental mobile home parks or recreational vehicle parks industry, or both.
10. "Fund" means the mobile home relocation fund.
11. "Good faith" means honesty in fact in the conduct or transaction concerned.
12. "Guest" means a nonresident, over and above the occupancy limit set for the resident's space under the terms of the rental agreement or by park rules, of a mobile home park who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than thirty days in any twelve month twelve‑month period.
13. "Landlord" means any of the following:
(a) The owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park. and it also means
(b) A manager of the premises who fails to disclose as required by section 33‑1432.
14. "Mobile home":
(a) Means either of the following:
(i) A residential structure that was manufactured on or before June 15, 1976, that is transportable in one or more sections, eight feet or more in body width, over thirty feet in body length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and not originally sold as a travel trailer or recreational vehicle and that includes the plumbing, heating, air conditioning and electrical systems in the structure.
(ii) A manufactured home built after June 15, 1976, originally bearing an appropriate insignia of approval issued by the United States department of housing and urban development.
(b) Does not include either of the following:
(i) A recreational vehicle such as a motor home, camping trailer, van, fifth wheel trailer or other type of recreational vehicle.
(ii) A structure known as a park model trailer that is a structure built on a single chassis, mounted on wheels and designed to be connected to the utilities necessary for the operation of installed fixtures and appliances and that has a gross interior area of not less than three hundred twenty square feet and not more than four hundred square feet when prepared for occupancy.
15. "Mobile home park" means any parcel of land that contains four or more mobile home spaces.
16. "Mobile home space" means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections.
17. "Moving expenses" means the cost incurred by the tenant whose mobile home is moved for taking down, transporting and setting up the mobile home with the identical, or substantially similar, improvements as were attached to the tenant's mobile home on the mobile home space from which it was removed but does not include the cost of landscaping or the cost of utility lines, trenching or utility connections located in excess of twenty‑five feet from the point of hookup on the mobile home.
18. "Organization" includes a corporation, limited liability company, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity which that is a landlord, owner, manager or designated agent pursuant to section 33‑1432.
19. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term Owner includes a mortgagee in possession.
20. "Park manager" means the person who is primarily responsible for the day‑to‑day operation of a mobile home park.
21. "Person" includes a company, partnership or firm as well as a natural person.
22. "Premises" means the mobile home park and its existing facilities and appurtenances, including furniture and utilities where if applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.
23. "Prospective tenant" means a person who desires to become a tenant.
24. "Redevelopment of the mobile home park" means that the spaces being redeveloped shall remain vacant for at least one hundred eighty days after the effective date of all change in use notices that are given to the tenants and either of the following applies:
(a) A minimum of twenty‑five percent of the spaces in the park, in groups of at least five contiguous spaces, are being changed into an upgraded mobile home park.
(b) A minimum of twenty‑five of the total number of spaces in the park, in groups of at least five contiguous spaces, are being changed into an upgraded mobile home park.
25. "Rent" means payments to be made to the landlord or designated agent in full consideration for the rented premises.
26. "Rental agreement" means leases or agreements and valid rules adopted under section 33‑1452 embodying the terms and conditions concerning the use and occupancy of a mobile home space and premises, and includes month‑to‑month tenancies that arise out of the expiration of a written rental agreement pursuant to section 33‑1413.
27. "Resident" means a person entitled under a rental agreement to occupy a mobile home space to the exclusion of others and does not include a person rendering necessary live‑in care under section 33‑1413.03.
28. "Security" or "security deposit" means any refundable money or property given to assure payment or performance under a rental agreement.
29. "Tenant" means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space.
30. "Visitor" means a nonresident of a mobile home park who stays at the home of a resident with the consent of the resident but does not stay overnight.
Sec. 2. Section 33-1476.02, Arizona Revised Statutes, is amended to read:
33-1476.02. Mobile home relocation fund; investment of monies
A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33‑1476.03 and 33‑2151 and any surcharge collected pursuant to section sections 33‑1437 and 33-2108. The director shall administer the fund.
B. Fund monies shall be used as prescribed in sections 33‑1476.04 and 41‑4008 and to pay premiums and other costs of purchasing, from a private insurer who is licensed to transact insurance business in this state, insurance coverage for tenant relocation costs due to a change in use as prescribed in sections 33‑1476.01, and 33-1476.05, 33‑2149 and 33‑2150. Any insurance rebates shall be deposited in the fund. If such insurance is not available, or if the insurance costs exceed the amount available from the fund, the fund shall be used to make direct payments for tenant relocation costs. Monies in the fund in excess of the amount required for these purposes shall be used, as necessary, to support the Arizona department of housing's administration of the hearing function pursuant to section 41‑4062 and the Arizona department of housing's administration of section 33‑1437, subsection C and section 33-2108, subsection C.
C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. Any unexpended and unencumbered monies remaining in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund, separately accounted for, as a contingency reserve.
D. The director may adopt, amend or repeal rules pursuant to title 41, chapter 6 for the administration of the fund. Fund monies shall be paid to the Arizona department of housing to offset the costs of administering the fund, including the direct and indirect costs of processing applications for reimbursement submitted under section 41‑4008 and administering the direct and indirect costs of section 33‑1437, subsection C. The attorney general shall review the costs charged to the fund.
Sec. 3. Section 33-2102, Arizona Revised Statutes, is amended to read:
33-2102. Definitions
In this chapter, unless the context otherwise requires:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.
2. "Appurtenances" means awnings, sheds, porches and other attachments to the recreational vehicle.
3. "Change in use" means a change in the use of land from the rental of recreational vehicle spaces in a recreational vehicle park to some other use.
4. "Compatible" means a recreational vehicle that is in a similar condition as the majority of the other recreational vehicles in the recreational vehicle park, as determined by the maintenance, condition and overall appearance of the recreational vehicle.
5. "Educational program" means a class, workshop or educational convention that primarily instructs attendees on issues dealing with the operation of a mobile home park or recreational vehicle park, or both, and that is sponsored by a nonprofit organization whose sole or primary purpose is the advocacy and promotion of the rental mobile home parks or recreational vehicle parks industry, or both.
5. 6. "Factory‑built building" means a residential or nonresidential building, including a dwelling unit or habitable room of the building, that is either wholly or in substantial part manufactured at an off‑site location to be assembled on site, except that it does not include a manufactured home, recreational vehicle or mobile home as defined in section 41‑4001.
6. 7. "Good faith" means honesty in fact in the conduct or transaction concerned.
7. 8. "Guest" means a nonresident of a recreational vehicle park, over and above the limit set for the resident's space under the terms of the rental agreement or by park rules, who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than fourteen days in any twelve month twelve‑month period.
8. 9. "Landlord" means:
(a) The owner, lessor, sublessor or operator, or any combination of these persons, of a recreational vehicle park.
(b) A manager of the premises.
9. 10. "Mobile home" means either of the following:
(a) A residential structure that was manufactured on or before June 15, 1976, that is transportable in one or more sections, eight feet or more in body width, over thirty feet in body length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and not originally sold as a travel trailer or recreational vehicle and that includes the plumbing, heating, air conditioning and electrical systems in the structure.
(b) A manufactured home built after June 15, 1976, originally bearing an appropriate insignia of approval issued by the United States department of housing and urban development.
10. 11. "Mobile home park" means any parcel of land that contains four or more mobile home spaces and two or more recreational vehicle spaces.
11. 12. "Mobile home space" means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections.
12. 13. "Notice" means delivery by hand or mailed by registered or certified mail to the last known address of the landlord or tenant. If notice is mailed by registered or certified mail, the landlord or tenant is deemed to have received the notice on the date the notice is actually received or five days after the date the notice is mailed, whichever occurs first.
13. 14. "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or designated agent.
14. 15. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. Owner includes a mortgagee in possession.
16. "Park manager" means the person who is primarily responsible for the day‑to‑day operation of a mobile home park or RECREATIONAL vehicle park, or both.
17. "Park model park" means a recreational vehicle park with four or more park model spaces.
15. 18. "Person" includes a company, partnership or firm as well as a natural person.
16. 19. "Premises" means the recreational vehicle park and existing facilities and appurtenances in the park, including furniture and utilities, if applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.
17. 20. "Prospective tenant" means a person who expresses an interest to a landlord in becoming a tenant.
18. 21. "Recreational vehicle" means a vehicular type vehicular‑type unit that is any of the following:
(a) A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold for camping.
(b) A motor home designed to provide temporary living quarters for recreational, camping or travel use and built on or permanently attached to a self‑propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
(c) A park trailer or park model built on a single chassis, mounted on wheels or originally mounted on wheels and from which the wheels have been removed and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three hundred twenty square feet and not more than four hundred square feet when it is set up, except that it does not include fifth wheel trailers.
(d) A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and that has a trailer area of less than three hundred twenty square feet. This subdivision includes fifth wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers in section A 119.5 of the American national standards institute code.
(e) A portable truck camper constructed to provide temporary living quarters for recreational, camping or travel use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck.
19. 22. "Recreational vehicle space" means a parcel of land for rent that has been designed to accommodate a recreational vehicle and provide the required sewer and utility connections.
20. 23. "Rent" means payments to be made to the landlord or designated agent in full consideration for the rented premises.
21. 24. "Rental agreement" means oral or written leases or agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a recreational vehicle space.
22. 25. "Resident" means a person entitled under a rental agreement to occupy a recreational vehicle space to the exclusion of others.
23. 26. "Security deposit" means money or property given to assure payment or performance under a rental agreement.
24. 27. "Tenant" means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a recreational vehicle space for more than one hundred eighty days.
25. 28. "Visitor" means a nonresident of a recreational vehicle park who stays at the home of a resident with the consent of the resident but does not stay overnight.
Sec. 4. Title 33, chapter 19, article 1, Arizona Revised Statutes, is amended by adding section 33-2108, to read:
33-2108. Education requirements for park managers; complaint; civil penalty
B. A park manager shall post proof of completion of and compliance with the educational program requirements prescribed by this section in a conspicuous place at the recreational vehicle park.
C. A TENANT MAY FILE A COMPLAINT WITH THE DIRECTOR OF THE ARIZONA DEPARTMENT OF HOUSING IF, on REQUEST FROM THE TENANT, THE TENANT'S PARK MANAGER CANNOT PRODUCE PROOF OF COMPLETION OF THE REQUIREMENTS PRESCRIBED IN THIS SECTION. THE DIRECTOR of the Arizona department of housing SHALL ISSUE A SHOW CAUSE ORDER TO THE LANDLORD DIRECTING THE LANDLORD TO PROVIDE PROOF THAT THE park manager is in COMPLIANCE with subsection a of this section. IF THE LANDLORD FAILS TO PRODUCE SATISFACTORY EVIDENCE OF COMPLIANCE OR FAILS TO RESPOND WITHIN THIRTY DAYS AFTER SERVICE BY CERTIFIED MAIL OF THE SHOW CAUSE ORDER, THE DIRECTOR SHALL IMPOSE A $500 CIVIL PENALTY on the landlord, WITH AN ADDITIONAL $500 PER MONTH CIVIL PENALTY TO ACCRUE EACH FULL CALENDAR MONTH BEGINNING WITH THE SECOND MONTH FOLLOWING SERVICE OF THE NOTICE OF IMPOSITION OF CIVIL PENALTY. ALL CIVIL PENALTIES SHALL BE EXONERATED IF, WITHIN SIX MONTHS AFTER SERVICE OF THE NOTICE OF IMPOSITION OF CIVIL PENALTY, THE LANDLORD FURNISHES SATISFACTORY EVIDENCE OF COMPLIANCE. If the landlord does not furnish SATISFACTORY EVIDENCE of compliance, the director shall refer THE MATTER TO THE ATTORNEY GENERAL FOR ENFORCEMENT AND COLLECTION OF THE CIVIL PENALTIES AND A TEN PERCENT SURCHARGE ON THE TOTAL AMOUNT OF THE CIVIL PENALTIES COLLECTED. ALL CIVIL PENALTIES SHALL BE DEPOSITED IN THE STATE GENERAL FUND AND THE TEN PERCENT SURCHARGE SHALL BE DEPOSITED IN THE MOBILE HOME RELOCATION FUND ESTABLISHED by section 33-1476.02.
Sec. 5. Section 33-2144, Arizona Revised Statutes, is amended to read:
33-2144. Abandonment
A. If a tenant abandons a recreational vehicle on the recreational vehicle space, the landlord shall notify the owner and lienholder of record of the recreational vehicle within fifteen days about the owner's or lienholder's liability for any costs incurred for the rental space including rent and utility costs due. Before notice is provided to the legal owner or lienholder, the landlord is entitled to a maximum of sixty days' rent. After notice is provided, the legal owner or lienholder is responsible for all costs. The recreational vehicle shall not be removed from the recreational vehicle space without a signed statement from the landlord, owner or park manager that shows clearance for removal of the recreational vehicle, that all monies due have been paid in full or that the legal owner and landlord have agreed to allow removal.
B. This section applies only to recreational vehicles that are park trailers or park models as defined in section 33‑2102, paragraph 18 21, subdivision (c).
