Bill Text: PA HB2633 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for the rights and duties of manufactured home community owners and operators and manufactured home residents; and repealing the Mobile Home Park Rights Act and related provisions of The Landlord and Tenant Act of 1951.

Spectrum: Slight Partisan Bill (Democrat 12-6)

Status: (Introduced - Dead) 2010-09-29 - Re-committed to APPROPRIATIONS [HB2633 Detail]

Download: Pennsylvania-2009-HB2633-Introduced.html

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PRINTER'S NO. 4068
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2633 Session of2010
INTRODUCED BY FREEMAN, SAMUELSON, GRUCELA, CALTAGIRONE, GINGRICH, HENNESSEY, HORNAMAN, KOTIK, MURT, PASHINSKI, ROSS, SCAVELLO, SIPTROTH, SWANGER, R. TAYLOR AND YOUNGBLOOD, JULY 1, 2010
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JULY 1, 2010
AN ACT
Providing for the rights and duties of manufactured home
community owners and operators and manufactured home
residents; and repealing the Mobile Home Park Rights Act and
related provisions of The Landlord and Tenant Act of 1951.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Evictions.
Section 4. Community rules and regulations.
Section 5. Underskirting and tie-down equipment.
Section 6. Disclosure of fees.
Section 7. Appliance installation fees.
Section 8. Entrance and exit fees.
Section 9. Installation and removal fees.
Section 10. Other fees.
Section 10.1. Abandoned manufactured homes.
Section 11. Sale of manufactured homes.
Section 11.1. Sale of manufactured home communities.
Section 12. Waiver of rights.
Section 13. Damages.
Section 14. Restraining prohibited acts.
Section 15. Enforcement.
Section 16. Remedies.
Section 17. Retaliatory evictions.
Section 18. Repeals.
Section 19. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Manufactured
Home Community Rights Act.
Section 2. Definitions.
The following words phrases as used in this act shall have
the meanings given to them in this section unless the context
clearly indicates otherwise:
"Manufactured home." A transportable, single-family dwelling
unit that:
(1) Is intended for permanent occupancy.
(2) Is constructed as a single unit or two or more units
designed to be joined into one integral unit capable of again
being separated for repeated towing.
(3) Arrives at a site complete and ready for occupancy,
except for minor and incidental unpacking and assembly
operations.
(4) Is constructed so that it may be used without a
permanent foundation.
"Manufactured home community" or "community." A site, lot,
field or tract of land:
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(1) That is privately or publicly owned or operated.
(2) Upon which three or more manufactured homes,
occupied for dwelling or sleeping purposes, are or are
intended to be located, regardless of whether or not a charge
is made for such accommodation.
"Manufactured home community owner" or "owner." A person who
owns or operates a manufactured home community.
"Manufactured home resident" or "resident." An owner of a
manufactured home who leases or rents space in a manufactured
home community. The term does not include a person who rents or
leases a manufactured home.
"Manufactured home space" or "space." A plot of ground
within a manufactured home community that is designed for the
accommodation of one manufactured home.
"Receipted first-class mail." First-class mail for which a
certificate of mailing has been obtained. The term does not
include certified or registered mail.
"Rent." Ground rent for a manufactured home site.
"Resident association." An organization open to all
residents of a manufactured housing community, whether the
organization is structured as a cooperative, a corporation or
otherwise.
"Service charges." Charges for electricity, gas service
which is underground and piped directly to individual units
within the community, trash removal, sewage and water.
"Tenant." A person who leases a manufactured home.
Section 3. Evictions.
(a) General rule.--A manufactured home community owner may
terminate or refuse to renew a manufactured home resident's
lease or evict the resident only for one of the following
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reasons:
(1) Nonpayment of rent.
(2) A second or subsequent violation of the rules of the
community occurring within a six-month period.
(3) If there is a change in use of the community land or
parts thereof.
(4) Termination of the community.
(b) Procedure.--A manufactured home resident shall only be
evicted in accordance with the following procedure:
(1) A resident shall not be evicted by any self-help
measure.
(2) Prior to the commencement of an eviction proceeding
or the termination of or failure to renew the resident's
lease, the manufactured home community owner shall notify the
resident in writing of the particular breach or violation of
the lease or community rules by certified or registered mail.
(3) In the case of nonpayment of rent, the notice shall
state that an eviction proceeding may be commenced if the
resident does not pay the overdue rent within 20 days from
the date of service if the notice is given on or after April
1 and before September 1, and 30 days if given on or after
September 1 and before April 1 or an additional nonpayment of
rent occurring within six months of the giving of the notice
may result in immediate eviction proceedings.
(4) In the case of a breach of the lease or violation of
the community rules, other than nonpayment of rent, the
notice shall describe the particular breach or violation. No
eviction action shall be commenced, nor shall the
manufactured home community owner terminate or refuse to
renew the manufactured home resident's lease, unless the
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manufactured home resident has been notified as required by
this section, and upon a second or subsequent violation or
breach occurring within six months, the manufactured home
community owner may commence eviction proceedings at any time
within 60 days of the last violation or breach.
(c) Inconsistent enforcement of community rules.--A
manufactured home resident shall not be evicted, nor shall a
mobile home community owner terminate or refuse to renew a
resident's lease, when there is proof that the rules or
regulations the resident is accused of violating are not
enforced with respect to other residents or nonresidents on the
community premises.
Section 4. Community rules and regulations.
(a) General rule.--A manufactured home community owner may
at any time establish fair and reasonable rules and regulations
reasonably related to the health or safety of residents or to
the upkeep of the community, provided that the rules and
regulations are included in the written lease and delivered to
existing residents and are posted in a conspicuous and readily
accessible place in the community.
(b) Uniform application of rules, regulations and rental
charges.--All rules and regulations and rental charges shall be
uniformly applied to all manufactured home residents or
prospective manufactured home residents of the same or similar
category.
(c) Posting of legal provisions and notice.--A manufactured
home resident shall post a copy of this act in a conspicuous and
readily accessible place in the community and a copy of the
following notice shall be reproduced in capital typewritten
letters or in ten-point boldface print and given to each
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resident upon entering into the lease.
IMPORTANT NOTICE REQUIRED BY LAW
The rules stated below govern the terms of your lease or
occupancy agreement with this manufactured home community.
The law requires all of these rules to be fair and
reasonable.
You may continue to stay in this community as long as you
pay your rent and other reasonable fees, service charges and
assessments stated and abide by the rules and regulations of
this community. Entrance and exit fees may not be charged.
Installation and removal fees may not be charged in excess of
the actual cost to the manufactured home community owner for
providing such service for the installation or removal of a
manufactured home in a manufactured home space.
You may be evicted for any of the following reasons:
(1) Nonpayment of rent.
(2) A second or subsequent violation of the rules or
regulations of this community occurring within a six-month
period.
(3) If there is a change in use of this community land
or parts thereof.
(4) Termination of this community.
You shall only be evicted in accordance with the
following procedure:
(1) You shall not be evicted by any self-help measure.
(2) Prior to the commencement of any eviction
proceeding, the manufactured home community owner shall
notify you in writing of the particular breach or violation
of the lease or community rules or regulations by certified
or registered mail.
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(3) In the case of nonpayment of rent, the notice shall
state that an eviction proceeding may be commenced if you do
not pay the overdue rent within 20 days from the date of
service if the notice is given on or after April 1 and before
September 1, and 30 days if given on or after September 1 and
before April 1 or an additional nonpayment of rent occurring
within six months of the giving of the notice may result in
immediate eviction proceedings.
(4) In the case of a breach of the lease or violation of
the community rules or regulations, other than nonpayment of
rent, the notice shall describe the particular breach or
violation. No eviction action shall be commenced unless you
have been notified as required by this section, and upon a
second or subsequent violation or breach occurring within six
months, the manufactured home community owner may commence
eviction proceedings at any time within 60 days of the last
violation or breach.
You shall not be evicted when there is proof that the
rules or regulations you are accused of violating are not
enforced with respect to the other residents or nonresidents
on the community premises.
In addition, no eviction proceeding for nonpayment of
rent may be commenced against you until you have received
notice by certified or registered mail of the nonpayment and
have been given to pay the overdue rent 20 days from the date
of service if the notice is given on or after April 1 and
before September 1, and 30 days if given on or after
September 1 and before April 1. However, only one notice of
overdue rent is required to be sent to you during any six-
month period. If a second or additional violation occurs
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within six months from the date of the first notice, then
eviction proceedings may be immediately started against you.
You are entitled to purchase goods or services from a
seller of your choice and the manufactured home community
owner shall not restrict your right to do so.
If you desire to sell your manufactured home, the
manufactured home community owner may not prevent the sale
and may not claim any fee in connection therewith, unless
there exists a separate written agreement. However, the
manufactured home community owner may reserve the right to
approve the purchaser as a resident in the community.
Enforcement of the Manufactured Home Community Rights Act
is by the Attorney General of the Commonwealth of
Pennsylvania or the district attorney of the county in which
this community is located. You may also bring a private cause
of action. If your rights are violated, you may contact the
State Bureau of Consumer Protection or your local district
attorney.
Section 5. Unskirting and tie-down equipment.
A manufactured home community owner may designate the type of
material or manner of installation for underskirting, awnings,
porches, fences or other additions and alterations to the
exterior of a manufactured home and tie-down equipment used in a
manufactured home space in order to ensure the safety and good
appearance of the community, but under no circumstances may a
resident be required to purchase such equipment from a supplier
designated by the owner.
Section 6. Disclosure of fees.
(a) General rule.--All rent, fees, service charges and
assessments shall be fully disclosed in writing to a
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manufactured home resident prior to the manufactured home
community owner's acceptance of any initial deposit, fee or
rent.
(b) Effect of failure to disclose.--Failure to disclose the
rent, fees, service charges and assessments shall render them
void and unenforceable in the courts of this Commonwealth.
(c) Increases.--
(1) Increases in such rent, fees, service charges and
assessments shall be unenforceable until 30 days after notice
thereof has been posted in the manufactured home community
and mailed to the manufactured home resident.
(2) Rent shall not be increased during the term of the
lease.
Section 7. Appliance installation fees.
No manufactured home community owner may restrict:
(1) The making of any interior improvements in a
manufactured home, so long as the interior improvements are
in compliance with applicable building codes and other
provisions of law.
(2) The installation, service or maintenance of an
electric or gas appliance in a manufactured home or charge
any fee for the installation, unless the fee reflects the
actual cost to the owner of the installation or its use.
Section 8. Entrance and exit fees.
No manufactured home community owner may charge entrance and
exit fees.
Section 9. Installation and removal fees.
(a) General rule.--A fee charged for the installation or
removal of a manufactured home in a manufactured home space:
(1) Shall not exceed the actual cost to the manufactured
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home community owner for providing the service.
(2) Shall be refundable to the resident at the time of
removal in the event that the owner acts to recover
possession of the space for reasons other than nonpayment of
rent or breach of a condition of the lease within one year of
the initial installation of the manufactured home.
(b) Effect of failure to refund fees.--Failure to refund a
fee as required under this section shall entitle the
manufactured home resident to recover treble the amount of the
fees plus court costs and reasonable attorney fees.
(c) Security deposits.--The imposition of an installation
fee shall not be construed to bar a manufactured home community
owner from requiring a security deposit in accordance with the
act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951.
Section 10. Other fees.
(a) General rule.--Subject to the provisions of subsection
(b), in accordance with a manufactured home resident's right to
invite to the resident's manufactured home such social and
business visitors as the resident wishes, no fee may be charged
for overnight visitors or guests occupying a resident's
manufactured home.
(b) Exception.--If overnight visitors or guests so
frequently remain overnight for residential purposes so as to
increase the number of persons normally living in a manufactured
home, the manufactured home community owner may revise the rent
due to conform to the rent paid by other residents with a like
number of members in their household.
Section 10.1 Abandoned manufactured homes.
(a) Rights of manufactured home community owners.--If a
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resident or a tenant relinquishes possession of a manufactured
home for a period of at least 30 days, the manufactured home
community owner or other authorized person may:
(1) Enter the manufactured home and secure any
appliances, furnishings, materials, supplies or other
personal property in the manufactured home, disconnect the
manufactured home from any utilities and otherwise exercise
ordinary care in relation to the manufactured home and
personal property, including promptly disposing of perishable
food and contacting an animal control agency or humane
society to remove any abandoned pets.
(2) (i) Move the manufactured home and any personal
property inside the manufactured home or within the
manufactured home community that belong to the resident
to a storage area within the manufactured home park or to
another location deemed necessary and proper without the
requirement of obtaining a removal permit for the
manufactured home from the local taxing authority which
would otherwise be required under section 407(e) of the
act of May 22, 1933 (P.L.853, No.155), known as The
General County Assessment Law, or section 617.1 of the
act of May 21, 1943 (P.L.571, No.254), known as The
Fourth to Eighth Class and Selective County Assessment
Law.
(ii) The manufactured home shall continue to be
subject to the lien for taxes assessed against it, but
the real estate on which the manufactured home was and is
located shall not be encumbered by the lien. The former
manufactured home residents or tenants shall be notified
by mail and by posting on the manufactured home and at
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any other known address, or by any other means by which
notice may be achieved, that the manufactured home and
personal property, if applicable, has been moved and of
the new location of the manufactured home and personal
property.
(3) Assess removal charges and storage charges against
the former manufactured home residents or tenants.
(4) Dispose of the personal property or manufactured
home, or both, in accordance with the procedures set forth in
subsection (c). If the personal property or manufactured home
is sold, the proceeds from the sale shall be distributed in
the following order:
(i) to pay the costs of moving, storing and selling
the personal property or manufactured home;
(ii) to pay all back rent due to the owner;
(iii) to pay all outstanding taxes on the
manufactured home; and
(iv) to pay all outstanding liens on the manufactured
home.
Any amount still remaining from the sale after payment of the
items in subparagraphs (i), (ii), (iii) and (iv) shall be
paid to the resident or tenant. If the resident's or tenant's
whereabouts are unknown, any amount due and payable to the
resident or tenant shall be paid to the Commonwealth as
required by Article XIII of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code.
(b) Limitation of liability.--The manufactured home
community owner or other authorized person acting in good faith
to comply with the requirements of this section are not
responsible for any loss or damage to a home, personal property
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inside the manufactured home or within the community, or for any
fees, assessments or other charges of any kind relating to the
abandoned manufactured home unless it is proven that the
resident or tenant had not relinquished possession of the real
property, in which case, the owner shall be liable for the loss
incurred by the resident or tenant.
(c) Disposal of property after notice.--
(1) The manufactured home community owner or other
authorized person may dispose of the manufactured home and
personal property after first giving written notice to the
resident and any lienholder. The notice shall be sent by
certified mail, return-receipt requested, or by receipted
first-class mail, to the resident's or tenant's last known
address, which may be the address of the premises, and at any
alternate address or addresses known to the owner or other
authorized person, including the address of emergency
contacts if provided. The notice shall also be posted in a
conspicuous location in the manufactured home community.
(2) The notice of removal required by subsection (a)(2)
and the notice of disposal required by this subsection may be
combined in one notice.
(d) Form of notice.--The notice required under this section
shall state the following:
(1) The manufactured home is considered abandoned and to
avoid the sale or other disposal of the manufactured home,
the manufactured home must be claimed and removed from the
premises in the manufactured home community or from the
storage area or from the place of storage within a period of
time not less than 30 days after the date of mailing of the
notice.
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(2) If the manufactured home is not claimed and removed
within the time set forth in the notice:
(i) the owner or other authorized person may sell
the manufactured home at public or private sale; or
(ii) if it is reasonably determined by the owner or
other authorized person that the value of the property is
so low that the cost of storage and conducting a sale
would probably exceed the amount that would be realized
from the sale of the manufactured home, the manufactured
home may be destroyed or discarded.
(3) (i) Within the time provided in the notice, the
resident may claim the manufactured home by notifying the
other authorized person in writing that the manufactured
home will be claimed and removed within the time provided
in the notice or such later time as is mutually agreed to
by the owner or other authorized person and the resident.
(ii) If the resident fails to claim and remove the
manufactured home within the time specified in the notice
or such later time, the manufactured home shall be
conclusively deemed abandoned and the owner or other
authorized person shall proceed to sell or otherwise
dispose of the manufactured home.
(e) Duty to notify Department of Transportation.--When a
manufactured home community owner or other authorized person
desires to dispose of the manufactured home, a copy of the
notice shall also be sent to the Department of Transportation of
the Commonwealth, addressed to the Bureau of Motor Vehicles,
Vehicle Registration Division, or such other office or bureau as
is designated by the department.
(f) Duties of Department of Transportation.--
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(1) When a manufactured home is sold under this section,
the Department of Transportation shall, upon proof of sale
and purchase and regardless of anything to the contrary in
Title 75 (relating to vehicles)of the Pennsylvania
Consolidated Statutes, issue a certificate of title to the
purchaser evidencing no encumbrances.
(2) If the manufactured home is not sold, but is
destroyed or discarded because the value of the manufactured
home was determined to be so low that the storage and sale
would exceed the amount to be realized in the sale, the
department shall, upon receiving notarized documentation that
the manufactured home was destroyed or discarded, make an
appropriate notation on its recordkeeping system that the
manufactured home has been destroyed or discarded and that no
certificate of title should again be issued for the
manufactured home.
(3) The Department of Transportation may create and use
a special form for this process, but may not impose any other
requirements for compliance with this provision to be
fulfilled.
(g) Vacant manufactured home spaces.--
(1) When a manufactured home is moved to a storage area
or another location or is disposed of as provided for by this
section, and the space on which that manufactured home
previously was located is vacant, the manufactured home
community owner or other authorized person may lease that
space to a new resident or otherwise locate another
manufactured home on that space.
(2) The municipality in which the manufactured home
community is located shall not prevent the occupancy of that
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space by another manufactured home nor shall it attach any
conditions to the occupancy that are not applicable to a new
resident locating in a space made vacant other than by
abandonment.
(h) Liability for municipal taxes, fees and assessments.--
(1) If a manufactured home is moved to a storage area or
another location or is disposed of as provided for in this
section, the manufactured home community or the purchaser of
the manufactured home shall not be liable for any taxes,
fees, assessments or other charges imposed by the
municipality on the manufactured home.
(2) Liability for any taxes assessed and imposed on the
resident or liability to satisfy any lien for such taxes
shall continue to be the responsibility of the resident, and
shall not be assessed and imposed on the manufactured home
community, all of which is as provided for in the act of May
22, 1933 (P.L.853, No.155, known as The General County
Assessment Law, or in the act of May 21, 1943 (P.L.571,
No.254), known as The Fourth to Eighth Class and Selective
County Assessment Law.
Section 11. Sale of manufactured homes.
(a) General rule.--Any rule, regulation or condition of a
lease purporting to prevent the sale of a manufactured home
belonging to a resident shall be void and unenforceable in the
courts of this Commonwealth.
(b) Right to approve.--A manufactured home community owner
may reserve the right to approve the purchaser of a manufactured
home as a resident, but the approval may not be unreasonably
withheld.
(c) Sales fees and commissions.--A claim for a fee or
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commission in connection with the sale of a manufactured home
shall be void and unenforceable unless the claimant acted as a
bona fide licensed manufactured home sales agent for the
manufactured home owner pursuant to a separate written
agreement.
Section 11.1. Sale of manufactured home communities.
(a) General rule.--Manufactured home community owners shall:
(1) Provide written notice to the residents of the
manufactured home community, to the Pennsylvania Housing
Finance Agency and to the municipality where the community is
located within 30 days of entering into any agreement for
sale of the community. The requirements stated in this
subsection shall apply separately to each substantially
different agreement for sale or lease of the community.
Manufactured home community owners shall not be required to
give the notice required by this subsection when:
(i) The sale or transfer is to a family member of
the owner or to a trust, the beneficiaries of which are
family members of the owner.
(ii) The sale or transfer is by a partnership to one
or more of its partners.
(iii) The conveyance of an interest in the community
is incidental to the financing of the community.
(iv) The sale or transfer is between joint tenants
or tenants in common.
(v) The sale is pursuant to eminent domain.
(2) Provide written notice to the residents of the
community, to the Pennsylvania Housing Finance Agency and to
the manufactured home municipality where the community is
located within 30 days of a decision to close the community.
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The notice shall include the estimated date residents and
tenants will be expected to vacate the community, which shall
be no less than 180 days from the date of the notice, and the
estimated date the community will be closed.
(3) Notify any prospective resident in writing, prior to
leasing a manufactured home space, and any prospective
tenant, prior to leasing a manufactured home in a
manufactured home community, if the manufactured home
community is intended to be closed or otherwise terminated or
is the subject of sale.
(b) Service of notice.--
(1) A notice given pursuant to subsection (a)(3) shall
be given personally to the prospective resident or
prospective tenant.
(2) A notice given pursuant to subsection (a)(1) or (2)
shall be:
(i) sent to each resident by certified or registered
mail;
(ii) delivered to an adult resident of each
manufactured home space within the manufactured home
community;
(iii) posted prominently on each manufactured home
space; and
(iv) posted in the same conspicuous and readily
accessible place in the manufactured home community where
the community rules and regulations are posted, pursuant
to section 4.
(c) Duty to consider offer.--A manufactured home community
owner shall consider any offer to purchase the community made by
a resident association representing at least 25% of the
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manufactured home spaces or by a nonprofit corporation,
including a community development corporation, home authority or
redevelopment authority acting at the request of the residents
of at least 25% of the spaces and shall negotiate in good faith
with the entity submitting the offer.
(d) Duty to pay relocation expenses.--A manufactured home
community owner shall pay relocation expenses to the owner of
any manufactured home in a manufactured home community that is
closing in an amount equivalent to the cost of relocation, not
to exceed the amount of $4,000 for a single manufactured home
space and $6,000 for multisection manufactured home spaces. The
amounts stated in this subsection shall be adjusted annually by
the Department of Community and Economic Development to reflect
any increase in the Consumer Price Index.
(e) Duty to pay portion of appraised value.--A manufactured
home community owner shall pay a minimum of $2,500 or the
appraised value of any manufactured home to the resident of the
manufactured home upon the closure of the community if the
resident is unable or unwilling to find a suitable replacement
site. The appraised value must be provided by a certified
residential real estate appraiser with substantial experience in
appraising manufactured homes who is mutually agreed to by the
owner and the resident. If the parties cannot agree on an
appraiser, each shall select an appraiser, and the two
appraisers shall select the appraiser to perform the appraisal.
The owner and the resident shall each pay half of the cost for
the appraisal. Notwithstanding the provisions of this
subsection, the resident and the owner may mutually agree upon a
price for the sale of the manufactured home to the owner.
(f) Relocation benefits under law.--In the event a
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manufactured home community is closed because of a condemnation,
action in eminent domain or other governmental action, the
manufactured home residents shall be entitled to any and all
relocation benefits available under law.
(g) Right of tenant to terminate lease.--A tenant who rents
a manufactured home or land in a manufactured home community
shall have the right to terminate the lease without penalty upon
receiving notice of the planned closing of the community and the
owner of the manufactured home subsequently moves outside of the
community or moves the manufactured home to a location outside
of the community.
(h) Removal of manufactured homes.--A manufactured home
resident shall not be required to remove the manufactured home
from the land when a manufactured home community closes, nor
shall the resident be liable for the costs of removing or
disposing of the manufactured home. The manufactured home
community owner may require a resident who is leaving a
manufactured home in the community to assign the title or other
evidence of ownership to the owner. In the event the resident
refuses to make such assignment, the owner may proceed under
section 10.1.
Section 12. Waiver of rights.
The rights and duties of a manufactured home community owner
and a manufactured home resident may not be waived by any
provisions of a written or oral agreement. Any such agreement
attempting to limit these rights shall be void and unenforceable
in the courts of this Commonwealth.
Section 13. Damages.
A manufactured home community owner or manufactured home
resident aggrieved by a violation of their rights under this act
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may institute a private cause of action for damages, treble
damages, where so provided in this act, or restitution in any
appropriate court of initial jurisdiction within this
Commonwealth.
Section 14. Restraining prohibited acts.
Whenever the Attorney General or a district attorney has
reason to believe that a person is using or is about to use any
method, act or practice declared by this act to be prohibited
and that proceedings would be in the public interest, the
Attorney General or district attorney may bring an action in the
name of the Commonwealth against the person to restrain by
temporary or permanent injunction the use of such method, act or
practice.
Section 15. Enforcement.
The Attorney General shall enforce the provisions of this
act, but in no event shall an individual be prohibited or
otherwise restricted from initiating a private cause of action
pursuant to any right or remedy conferred by this act.
Section 16. Remedies.
(a) General rule.--A violation of this act may be enforced
as provided by sections 13, 14, 15 and 16 and shall also
constitute an "unfair or deceptive act or practice" within the
meaning of section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, and shall be a violation of and shall
be subject to the enforcement provisions and private rights of
action contained in that act.
(b) Residents have right to seek injunctive relief.--
Residents shall have the right to seek injunctive relief to
enforce compliance with this section and section 11.1.
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Section 17. Retaliatory evictions.
(a) General rule.--An action by a mobile home community
owner to recover possession of real property from a manufactured
home community resident or to change the lease within six months
of a resident's assertion of rights under this act or any other
legal right shall raise a presumption that the action
constitutes a retaliatory and unlawful eviction by the owner and
is in violation of this act.
(b) Rebuttal of presumption.--The presumption under
subsection (a) may be rebutted by competent evidence presented
in an appropriate court of initial jurisdiction within this
Commonwealth.
Section 18. Repeals.
(a) Legislative declaration.--The General Assembly declares
that the repeals under subsection (b) are necessary to
effectuate this act.
(b) Specific repeals.--The following acts and parts of acts
are repealed:
(1) Section 505 of the act of April 6, 1951 (P.L.69,
No.20), known as The Landlord and Tenant Act of 1951, is
repealed.
(2) The act of November 24, 1976 (P.L.1176, No.261),
known as the Mobile Home Park Rights Act, is repealed.
Section 19. Effective date.
This act shall take effect in 60 days.
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