Bill Text: MN HF2900 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Manufactured home relocation trust fund balance requirement modified.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-19 - Author added Hamilton [HF2900 Detail]
Download: Minnesota-2011-HF2900-Introduced.html
1.2relating to manufactured housing; modifying requirement relating to home
1.3relocation trust fund balance;amending Minnesota Statutes 2011 Supplement,
1.4section 327C.095, subdivision 12.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 327C.095, subdivision 12,
1.7is amended to read:
1.8 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
1.9 (a) If a manufactured home owner is required to move due to the conversion of all or a
1.10portion of a manufactured home park to another use, the closure of a park, or cessation of
1.11use of the land as a manufactured home park, the manufactured park owner shall, upon
1.12the change in use, pay to the commissioner of management and budget for deposit in the
1.13Minnesota manufactured home relocation trust fund under section462A.35 , the lesser
1.14amount of the actual costs of moving or purchasing the manufactured home approved
1.15by the neutral third party and paid by the Minnesota Housing Finance Agency under
1.16subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
1.17home, and $6,000 for each multisection manufactured home, for which a manufactured
1.18home owner has made application for payment of relocation costs under subdivision 13,
1.19paragraph (c). The manufactured home park owner shall make payments required under
1.20this section to the Minnesota manufactured home relocation trust fund within 60 days of
1.21receipt of invoice from the neutral third party.
1.22 (b) A manufactured home park owner is not required to make the payment prescribed
1.23under paragraph (a), nor is a manufactured home owner entitled to compensation under
1.24subdivision 13, paragraph (a) or (e), if:
2.1 (1) the manufactured home park owner relocates the manufactured home owner to
2.2another space in the manufactured home park or to another manufactured home park at
2.3the park owner's expense;
2.4 (2) the manufactured home owner is vacating the premises and has informed the
2.5manufactured home park owner or manager of this prior to the mailing date of the closure
2.6statement under subdivision 1;
2.7 (3) a manufactured home owner has abandoned the manufactured home, or the
2.8manufactured home owner is not current on the monthly lot rental, personal property taxes;
2.9 (4) the manufactured home owner has a pending eviction action for nonpayment of
2.10lot rental amount under section327C.09 , which was filed against the manufactured home
2.11owner prior to the mailing date of the closure statement under subdivision 1, and the writ
2.12of recovery has been ordered by the district court;
2.13 (5) the conversion of all or a portion of a manufactured home park to another use,
2.14the closure of a park, or cessation of use of the land as a manufactured home park is the
2.15result of a taking or exercise of the power of eminent domain by a governmental entity
2.16or public utility; or
2.17 (6) the owner of the manufactured home is not a resident of the manufactured home
2.18park, as defined in section327C.01, subdivision 9 , or the owner of the manufactured home
2.19is a resident, but came to reside in the manufactured home park after the mailing date of
2.20the closure statement under subdivision 1.
2.21 (c) If the unencumbered fund balance in the manufactured home relocation trust
2.22fund is less than$1,000,000 $5,000,000 as of June 30 of each year, the commissioner of
2.23management and budget shall assess each manufactured home park owner by mail the
2.24total amount of $12 for each licensed lot in their park, payable on or before September 15
2.25of that year. The commissioner of management and budget shall deposit any payments in
2.26the Minnesota manufactured home relocation trust fund. On or before July 15 of each
2.27year, the commissioner of management and budget shall prepare and distribute to park
2.28owners a letter explaining whether funds are being collected for that year, information
2.29about the collection, an invoice for all licensed lots, and a sample form for the park owners
2.30to collect information on which park residents have been accounted for. If assessed under
2.31this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
2.32sum or as a monthly fee of no more than $1 collected from park residents together with
2.33monthly lot rent as provided in section327C.03, subdivision 6 . Park owners may adjust
2.34payment for lots in their park that are vacant or otherwise not eligible for contribution to
2.35the trust fund under section327C.095 , subdivision 12, paragraph (b), and deduct from the
2.36assessment accordingly.
3.1 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
3.2the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
3.3in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
3.4attorney fees, court costs, and disbursements.
1.3relocation trust fund balance;amending Minnesota Statutes 2011 Supplement,
1.4section 327C.095, subdivision 12.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 327C.095, subdivision 12,
1.7is amended to read:
1.8 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
1.9 (a) If a manufactured home owner is required to move due to the conversion of all or a
1.10portion of a manufactured home park to another use, the closure of a park, or cessation of
1.11use of the land as a manufactured home park, the manufactured park owner shall, upon
1.12the change in use, pay to the commissioner of management and budget for deposit in the
1.13Minnesota manufactured home relocation trust fund under section
1.14amount of the actual costs of moving or purchasing the manufactured home approved
1.15by the neutral third party and paid by the Minnesota Housing Finance Agency under
1.16subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
1.17home, and $6,000 for each multisection manufactured home, for which a manufactured
1.18home owner has made application for payment of relocation costs under subdivision 13,
1.19paragraph (c). The manufactured home park owner shall make payments required under
1.20this section to the Minnesota manufactured home relocation trust fund within 60 days of
1.21receipt of invoice from the neutral third party.
1.22 (b) A manufactured home park owner is not required to make the payment prescribed
1.23under paragraph (a), nor is a manufactured home owner entitled to compensation under
1.24subdivision 13, paragraph (a) or (e), if:
2.1 (1) the manufactured home park owner relocates the manufactured home owner to
2.2another space in the manufactured home park or to another manufactured home park at
2.3the park owner's expense;
2.4 (2) the manufactured home owner is vacating the premises and has informed the
2.5manufactured home park owner or manager of this prior to the mailing date of the closure
2.6statement under subdivision 1;
2.7 (3) a manufactured home owner has abandoned the manufactured home, or the
2.8manufactured home owner is not current on the monthly lot rental, personal property taxes;
2.9 (4) the manufactured home owner has a pending eviction action for nonpayment of
2.10lot rental amount under section
2.11owner prior to the mailing date of the closure statement under subdivision 1, and the writ
2.12of recovery has been ordered by the district court;
2.13 (5) the conversion of all or a portion of a manufactured home park to another use,
2.14the closure of a park, or cessation of use of the land as a manufactured home park is the
2.15result of a taking or exercise of the power of eminent domain by a governmental entity
2.16or public utility; or
2.17 (6) the owner of the manufactured home is not a resident of the manufactured home
2.18park, as defined in section
2.19is a resident, but came to reside in the manufactured home park after the mailing date of
2.20the closure statement under subdivision 1.
2.21 (c) If the unencumbered fund balance in the manufactured home relocation trust
2.22fund is less than
2.23management and budget shall assess each manufactured home park owner by mail the
2.24total amount of $12 for each licensed lot in their park, payable on or before September 15
2.25of that year. The commissioner of management and budget shall deposit any payments in
2.26the Minnesota manufactured home relocation trust fund. On or before July 15 of each
2.27year, the commissioner of management and budget shall prepare and distribute to park
2.28owners a letter explaining whether funds are being collected for that year, information
2.29about the collection, an invoice for all licensed lots, and a sample form for the park owners
2.30to collect information on which park residents have been accounted for. If assessed under
2.31this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
2.32sum or as a monthly fee of no more than $1 collected from park residents together with
2.33monthly lot rent as provided in section
2.34payment for lots in their park that are vacant or otherwise not eligible for contribution to
2.35the trust fund under section
2.36assessment accordingly.
3.1 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
3.2the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
3.3in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
3.4attorney fees, court costs, and disbursements.
