Bill Text: MI HB5566 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Mobile homes; other; collecting rent if license has lapsed for mobile home park; prohibit. Amends sec. 16 of 1987 PA 96 (MCL 125.2316).
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2020-03-03 - Bill Electronically Reproduced 03/03/2020 [HB5566 Detail]
Download: Michigan-2019-HB5566-Introduced.html
HOUSE BILL NO. 5566
February 27, 2020, Introduced by Reps. Love,
Camilleri, Brenda Carter, Anthony, Hope, Cynthia Johnson, Kennedy, Yaroch,
Cambensy and Cherry and referred to the Committee on Commerce and Tourism.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending section 16 (MCL 125.2316), as amended by 2015 PA 40.
the people of the state of michigan enact:
Sec. 16. (1) A person shall not operate a mobile home
park or seasonal mobile home park without a license. The term of a license is 3
years. The department shall issue a license only if all of the following
requirements are met:
(a) The applicant submits
a complete license application.
(b) Certifications and
recommendations of appropriate agencies and local governments are submitted to
and approved by the department.
(c) The applicant pays
the fee set forth in subsection (4).
(d) The mobile home park
or seasonal mobile home park was approved as being in substantial compliance
after its most recent inspection under section 17.
(2) The commission shall
promulgate rules to do all of the following:
(a) Provide standards and
procedures for the commission to determine whether a mobile home park or
seasonal mobile home park that is not in substantial compliance with the rules
promulgated under sections 5 and 6 is a distressed park. The standards and
procedures shall provide the owner with an opportunity for an evidentiary
hearing and require the commission to consider at least all of the following:
(i) The length of time the mobile home park or seasonal mobile
home park has not been in substantial compliance with the rules promulgated
under sections 5 and 6.
(ii) Whether the owner
or operator was notified and had sufficient opportunity to bring the mobile
home park or seasonal mobile home park into substantial compliance.
(iii) Any imminent
threat to the health or safety of the residents of the mobile home park or
seasonal mobile home park.
(iv) Whether the
mobile home park or seasonal mobile home park has been or is likely to be
abandoned by the owner or operator.
(b) Require the owner of a distressed mobile home park or
seasonal mobile home park to post financial assurance in the form of a bond, cash
deposit, or other financial arrangement to ensure the repair and cleanup of the
mobile home park or seasonal mobile home park, including the repair of
substandard or noncomplying park-owned utility systems and the removal and
disposal of abandoned mobile homes, scrap material, or other waste.
(3) Not more
than 180 days after the effective date of the amendatory act that added this
subsection, later
than February 28, 2016, the commission shall submit a report on
progress on rule promulgation under subsection (2) to the standing committees
of the senate and house of representatives with primary responsibility for
legislation affecting mobile home parks.
(4) The fee for a license to operate a mobile home park is
$225.00, plus an additional $3.00 for each home site in excess of 25 home sites
in the mobile home park, or any lesser amount established pursuant to section
9(5). The fee for a license to operate a seasonal mobile home park is $120.00,
plus an additional $1.50 for each home site in excess of 25 home sites in the
seasonal mobile home park, or any lesser amount established pursuant to section
9(5).
(5) Both of
the following apply to the renewal of a license issued under this section:
(a) If a person submits a timely application for renewal of a
license and pays the appropriate fee, the person may continue to operate a
mobile home park or seasonal mobile home park unless notified that the
application for renewal is not approved.
(b) If a person fails to submit an application for renewal of
a license within 30 days after the date of expiration for that license, the
person shall not collect a rental charge for any mobile home site or mobile
home owned by that person in the mobile home park to which the license applies.
The person shall not resume the collection of the rental charge described in
this subdivision until the person obtains a license renewal.
(6) A campground that is currently licensed under sections 12501 to 12516 of the public health code, 1978 PA 368, MCL 333.12501 to 333.12516, and was previously licensed under the former licensing provisions of 1959 PA 243, MCL 125.1035 to 125.1043, as a seasonal trailer park may apply for and shall be granted a license as a seasonal mobile home park under this act if the campground meets all other requirements for licensure under this act as a seasonal mobile home park.
