Bill Text: MI HB6005 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 6005 (Prior Session Legislation)

Introduced

Bill Title: Mobile homes: other; residents' right of first refusal in sale or lease of a mobile home park; provide for. Amends 1987 PA 96 (MCL 125.2301 - 125.2350) by adding sec. 16b.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-12-01 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB6005 Detail]

Download: Michigan-2019-HB6005-Introduced.html

HOUSE BILL NO. 6005

July 23, 2020, Introduced by Reps. Kahle, Cherry, Sneller, Mueller, Hertel and Frederick and referred to the Committee on Regulatory Reform.

A bill to amend 1987 PA 96, entitled

"The mobile home commission act,"

(MCL 125.2301 to 125.2350) by adding section 16b.

the people of the state of michigan enact:

Sec. 16b. (1) Notwithstanding any provision of law to the contrary, if the department does not approve a license application on the grounds that the applicant did not satisfy the requirement of section 16(1)(a), the department shall notify the applicant of the nonapproval of the license and the applicant may appeal the nonapproval of the license to the commission. On receipt of the applicant's appeal, the commission shall hold a hearing on the appeal and issue a recommendation to the department. The commission shall issue the recommendation within 120 days of the applicant's appeal. On receipt of the commission's recommendation, the department shall do either of the following:

(a) Issue the license to the applicant if the recommendation states that the department must issue the license.

(b) Decline to issue the license if the recommendation rejects the applicant's appeal.

(2) If the commission fails to issue a recommendation under subsection (1) within 120 days of the applicant's appeal, the department shall consider the commission's failure to issue the recommendation as a recommendation to issue the license.

(3) A person that intends to become an owner of a mobile home park or seasonal home park shall apply to the department for a license under section 16. If a license is issued under section 16, an owner of a mobile home park or seasonal home park shall notify the department of any of the following within 30 days:

(a) A change of ownership.

(b) A change of the mailing or electronic business address of an owner of a mobile home park or seasonal home park.

(4) Not more than 180 days after the effective date of the amendatory act that added this section, the department shall publish and maintain on its website a list of every mobile home park or seasonal home park located in this state, including a designation of whether each mobile home park or seasonal home park is licensed under section 16 and the license number issued for each mobile home park or seasonal home park. The department shall update the list maintained under this subsection at least once a month. If the database maintained by the department under section 4 contains the information required in this subsection, it will be considered as fulfilling the requirements of this subsection.

(5) The commission shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, 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 must 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.

(6) The commission shall submit a report on progress on rule promulgation under subsection (5) to the standing committees of the senate and house of representatives with primary responsibility for legislation affecting mobile home parks.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No.____ (request no. 05128'19).

(b) Senate Bill No.____ or House Bill No.____ (request no. 05146'19 *).

(d) Senate Bill No.____ or House Bill No.____ (request no. 05282'19).

(e) Senate Bill No.____ or House Bill No.____ (request no. 06638'20 *).