Bill Text: DE HCR93 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act Establishing A Task Force To Review The Manufactured Home Owners And Community Owners Act.

Spectrum: Slight Partisan Bill (Republican 9-4)

Status: (Introduced - Dead) 2016-06-28 - Amendment HA 2 - Introduced and Placed With Bill [HCR93 Detail]

Download: Delaware-2015-HCR93-Draft.html

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SPONSOR:	Rep. Briggs King & Rep. Baumbach & Sen. Pettyjohn;
	Reps. D. Short, Hudson, Dukes, Outten, Yearick, Carson, Kowalko, Viola; Sen. Lawson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 93

AN ACT ESTABLISHING A TASK FORCE TO REVIEW THE MANUFACTURED HOME OWNERS AND COMMUNITY OWNERS ACT.

WHEREAS, Chapter 70 of Title 25 of the Delaware Code is complex and difficult to interpret by community owners, manufactured homeowners, and the courts as cited; and

WHEREAS, the Supreme Court of Delaware described this Act as "confusing at best, and incoherent at worst"; and

WHEREAS, Superior Court Judge Henley Graves has stated "25 Del.C. §7043(c) is the epitome of ambiguous, especially when read in light of the entire Act"; and

WHEREAS, litigation and the courts' comments show the need for a comprehensive legislative review of Chapter 70, Title 25 of the Delaware Code

WHEREAS, the parties most affected by Chapter 70 of Title 25 of the Delaware Code have the most knowledge, experience, and investment in the implementation and decisions relating to this chapter of the Delaware Code;

NOW THEREFORE:

BE IT RESOLVED by the House of Representatives of the 148th General Assembly of the State of Delaware, the Senate concurring therein, that the Task Force to review the manufactured home owners and community owners act be created in the State of Delaware:

BE IT FURTHER RESOLVED that this task force shall consist of the following members:

(1)3 resident owners of manufactured homes located within a manufactured home community in Delaware, with at least one member residing in each county, with two appointed by the Delaware Manufactured Home Owners Association, one appointed by LLHC;

(2)3 community owners with at least one member who owns a community in each county appointed by the First State Manufactured Housing Association;

(3)A licensed real estate professional appointed by the Delaware Association of REALTORS; and

(4) A member of the Delaware Relocation Trust Authority (DMHRA).

BE IT FURTHER RESOLVED that the State Attorney General, or their designee who can provide expertise with regard to Chapter 70 of Title 25; the Director of the Delaware State Housing Authority, or their designee who has a primary focus in affordable housing; and a member designated by the Delaware Law School at Widener University may participate in an advisory capacity.

BE IT FURTHER RESOLVED that the Delaware Manufactured Home Owners Association may designate one attorney as a non-voting advisor to the Task Force.

BE IT FURTHER RESOLVED that the First State Manufactured Housing Association may designate one attorney as a non-voting advisor to the Task Force.

BE IT FURTHER RESOLVED that this task force shall perform a comprehensive review of the Manufactured Home Owners and Community Owners Act ("MHOCOA") under Chapter 70 of Title 25 of the Delaware Code.

BE IT FURTHER RESOLVED that this review include recent and subsequent Court and arbitration decisions concerning the rent justification process.

BE IT FURTHER RESOLVED that one task force member from the resident home owners and one task force member from community owners will act as co-chairs.

BE IT FURTHER RESOLVED that the task force shall be staffed by the First State Manufactured Housing Association.

BE IT FURTHER RESOLVED that the task force shall meet at least on a monthly basis as determined by the task force during the initial meeting, which shall be scheduled by July 15, 2016.

BE IT FURTHER RESOLVED that this task force shall make a written report of its findings to all members of the General Assembly and the Governor no later than January 31, 2017.

SYNOPSIS

Since its adoption in 2003, the Manufactured Home Owners and Community Owners Act has proven to be an effective tool to protect the rights of tenants in manufactured home communities.After 13 years, a number of issues and concerns have been identified by both the tenants and the community owners.This concurrent resolution establishes a Task Force to review the Manufactured Home Owners and Community Owners Act in order to determine what changes, if any, are needed in order to "fine tune" this Act and support a balance of protections and rights for all parties involved.