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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, RAFFERTY, FONTANA, WASHINGTON, BROWNE, O'PAKE AND KITCHEN, JANUARY 20, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 20, 2009 |
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| AN ACT |
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1 | Amending the act of November 24, 1976 (P.L.1176, No.261), |
2 | entitled "An act providing for the rights and duties of |
3 | mobile home owners or operators and mobile home residents," |
4 | further providing for disclosure of fees; and making |
5 | editorial changes. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The title and sections 1, 2, 3, 4, 5, 6, 7, 9, |
9 | 10, 11, 12, 13 and 16 of the act of November 24, 1976 (P.L.1176, |
10 | No.261), known as the Mobile Home Park Rights Act, are amended |
11 | to read: |
| AN ACT |
12 | Providing for the rights and duties of [mobile] manufactured |
13 | home owners or operators and [mobile] manufactured home |
14 | residents. |
15 | Section 1. Short Title.--This act shall be known and may be |
16 | cited as the ["Mobile Home Park Rights Act."] "Manufactured Home |
17 | Community Rights Act." |
18 | Section 2. Definitions.--As used in this act: |
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1 | ["Mobile home" means a] "Manufactured home." A |
2 | transportable, single-family dwelling unit intended for |
3 | permanent occupancy and constructed as a single unit, or as two |
4 | or more units designed to be joined into one integral unit |
5 | capable of again being separated for repeated towing, which |
6 | arrives at a site complete and ready for occupancy except for |
7 | minor and incidental unpacking and assembly operations, and |
8 | constructed so that it may be used without a permanent |
9 | foundation. |
10 | ["Mobile home park" means any] "Manufactured home community." |
11 | A site, lot, field or tract of land, privately or publicly owned |
12 | or operated, upon which three or more [mobile] manufactured |
13 | homes, occupied for dwelling or sleeping purposes, are or are |
14 | intended to be located, regardless of whether or not a charge is |
15 | made for such accommodation. |
16 | ["Mobile home resident" means an] "Manufactured home |
17 | resident." An owner of a [mobile] manufactured home who leases |
18 | or rents space in a [mobile home park] manufactured home |
19 | community. The term does not include a person who rents or |
20 | leases a [mobile] manufactured home. |
21 | ["Mobile home space" means a] "Manufactured home space." A |
22 | plot of ground within a [mobile home park] manufactured home |
23 | community designed for the accommodation of one [mobile] |
24 | manufactured home. |
25 | ["Rent" means ground] "Rent." Ground rent for a [mobile] |
26 | manufactured home site. |
27 | "Service [charges" means charges] charges." Charges for |
28 | electricity, gas service which is underground and piped directly |
29 | to individual units within the [park] community, trash removal, |
30 | sewage and water. |
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1 | Section 3. Evictions.--(a) A [mobile] manufactured home |
2 | resident shall only be evicted for any of the following reasons: |
3 | (1) Nonpayment of rent. |
4 | (2) A second or subsequent violation of the rules of the |
5 | [mobile home park] manufactured home community occurring within |
6 | a six-month period. |
7 | (3) If there is a change in use of the [park] community land |
8 | or parts thereof. |
9 | (4) Termination of [mobile home park] manufactured home |
10 | community. |
11 | (b) A [mobile] manufactured home resident shall only be |
12 | evicted in accordance with the following procedure: |
13 | (1) A resident shall not be evicted [by] for any self-help |
14 | measure. |
15 | (2) Prior to the commencement of any eviction proceeding, |
16 | the [mobile home park] manufactured home community owner shall |
17 | notify the [mobile home park] manufactured home community |
18 | resident in writing of the particular breach or violation of the |
19 | lease or [park] community rules by certified or registered mail. |
20 | (i) In the case of nonpayment of rent, the notice shall |
21 | state that an eviction proceeding may be commenced if the |
22 | [mobile] manufactured home resident does not pay the overdue |
23 | rent within 20 days from the date of service if the notice is |
24 | given on or after April 1 and before September 1, and 30 days if |
25 | given on or after September 1 and before April 1 or an |
26 | additional nonpayment of rent occurring within six months of the |
27 | giving of the notice may result in immediate eviction |
28 | proceedings. |
29 | (ii) In the case of a breach of the lease or violation of |
30 | the [park] community rules, other than nonpayment of rent, the |
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1 | notice shall describe the particular breach or violation. No |
2 | eviction action shall be commenced unless the [mobile home park] |
3 | manufactured home community resident has been notified as |
4 | required by this section, and upon a second or subsequent |
5 | violation or breach occurring within six months, the [mobile |
6 | home park] manufactured home community owner may commence |
7 | eviction proceedings at any time within 60 days of the last |
8 | violation or breach. |
9 | (c) A [mobile] manufactured home resident shall not be |
10 | evicted when there is proof that the rules he is accused of |
11 | violating are not enforced with respect to the other [mobile] |
12 | manufactured home residents or nonresidents on the [park] |
13 | community premises. |
14 | Section 4. [Park] Community Rules and Regulations.--(a) The |
15 | owner or operator of a [mobile home park] manufactured home |
16 | community may at any time establish fair and reasonable rules |
17 | and regulations reasonably related to the health, or safety of |
18 | residents in the [park] community or to the upkeep of the [park, |
19 | provided such rules and regulations] community, provided the |
20 | rules and regulations are not arbitrary or capricious and are |
21 | included in any written lease and delivered to existing |
22 | residents and are posted in a conspicuous and readily accessible |
23 | place in the [mobile home park.] manufactured home community. |
24 | (b) All rules or rental charges shall be uniformly applied |
25 | to all [mobile] manufactured home residents or prospective |
26 | [mobile] manufactured home residents of the same or similar |
27 | category. When the lease or rental agreement is oral, the |
28 | resident shall be provided with a written copy of such rules and |
29 | regulations prior to the owner's or operator's acceptance of any |
30 | initial deposit, fee or rent. In addition a copy of this act |
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1 | shall be posted in a conspicuous and readily accessible place in |
2 | the mobile home park and a copy of the following notice shall be |
3 | reproduced in capital typewritten letters or in ten-point |
4 | boldface print and be given to each resident upon entering into |
5 | the lease. |
6 | "IMPORTANT NOTICE REQUIRED BY LAW |
7 | The rules set forth below govern the terms of your lease or |
8 | occupancy agreement with this [mobile home park] manufactured |
9 | home community. The law requires all of these rules to be fair |
10 | and reasonable. |
11 | You may continue to stay in this [park] community as long as |
12 | you pay your rent and other reasonable fees, service charges and |
13 | assessments hereinafter set forth and abide by the rules of the |
14 | [park] community. Entrance and exit fees may not be charged. |
15 | Installation and removal fees may not be charged in excess of |
16 | the actual cost to the [mobile home park] manufactured home |
17 | community owner or operator for providing such service for the |
18 | installation or removal of a [mobile home in a mobile] |
19 | manufactured home in a manufactured home space. |
20 | You may be evicted for any of the following reasons: |
21 | (1) Nonpayment of rent. |
22 | (2) A second or subsequent violation of the rules of the |
23 | [mobile home park] manufactured home community occurring |
24 | within a six-month period. |
25 | (3) If there is a change in use of the [park] community |
26 | land or parts thereof. |
27 | (4) Termination of [mobile home park.] manufactured home |
28 | community. |
29 | You shall only be evicted in accordance with the |
30 | following procedure: |
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1 | (1) A resident shall not be evicted [by] for any self- |
2 | help measure. |
3 | (2) Prior to the commencement of any eviction |
4 | proceeding, the [mobile home park] manufactured home |
5 | community owner shall notify you in writing of the particular |
6 | breach or violation of the lease or [park] community rules by |
7 | certified or registered mail. |
8 | (i) In the case of nonpayment of rent, the notice shall |
9 | state that an eviction proceeding may be commenced if the |
10 | [mobile] manufactured home resident does not pay the overdue |
11 | rent within 20 days from the date of service if the notice is |
12 | given on or after April 1 and before September 1, and 30 days |
13 | if given on or after September 1 and before April 1 or an |
14 | additional nonpayment of rent occurring within six months of |
15 | the giving of the notice may result in immediate eviction |
16 | proceedings. |
17 | (ii) In the case of a breach of the lease or violation |
18 | of the [park] community rules, other than nonpayment of rent, |
19 | the notice shall describe the particular breach or violation. |
20 | No eviction action shall be commenced unless you have been |
21 | notified as required by this section, and upon a second or |
22 | subsequent violation or breach occurring within six months, |
23 | the [mobile home park] manufactured home community owner may |
24 | commence eviction proceedings at any time within 60 days of |
25 | the last violation or breach. |
26 | You shall not be evicted when there is proof that the |
27 | rules you are accused of violating are not enforced with |
28 | respect to the other [mobile] manufactured home residents or |
29 | nonresidents on the [park] community premises. |
30 | In addition, no eviction proceeding for nonpayment of |
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1 | rent may be commenced against you until you have received |
2 | notice by certified or registered mail of the nonpayment and |
3 | have been given to pay the overdue rent 20 days from the date |
4 | of service if the notice is given on or after April 1 and |
5 | before September 1, and 30 days if given on or after |
6 | September 1 and before April 1. However, only one notice of |
7 | overdue rent is required to be sent to you during any six- |
8 | month period. If a second or additional violation occurs |
9 | within six months from the date of the first notice then |
10 | eviction proceedings may be immediately started against you. |
11 | You are entitled to purchase goods or services from a |
12 | seller of your choice and the [park] community owner shall |
13 | not restrict your right to do so. |
14 | If you desire to sell your [mobile] manufactured home, |
15 | the [mobile home park] manufactured home community owner may |
16 | not prevent the sale and may not claim any fee in connection |
17 | therewith, unless there exists a separate written fee |
18 | agreement. However, the [mobile home park] manufactured home |
19 | community owner may reserve the right to approve the |
20 | purchaser as a resident in the [mobile home park.] |
21 | manufactured home community. |
22 | Enforcement of the [Mobile Home Park] Manufactured Home |
23 | Community Rights Act is by the Attorney General of the |
24 | Commonwealth of Pennsylvania or the District Attorney of the |
25 | county in which the [mobile home park] manufactured home |
26 | community is located. You may also bring a private cause of |
27 | action. If your rights are violated you may contact the State |
28 | Bureau of Consumer Protection or your local District |
29 | Attorney." |
30 | Section 5. Underskirting and Tie-down Equipment.--A [mobile |
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1 | home park] manufactured home community owner or operator may |
2 | designate the type of material or manner of installation for |
3 | underskirting, awnings, porches, fences or other additions and |
4 | alterations to the exterior of the [mobile] manufactured home |
5 | and tie-down equipment used in a [mobile] manufactured home |
6 | space in order to insure the safety and good appearance of the |
7 | [mobile home park] manufactured home community, but under no |
8 | circumstances may a resident be required to purchase such |
9 | equipment from a supplier designated by the [park] community |
10 | owner or operator. |
11 | Section 6. Disclosure of Fees.--(a) All rent, fees, service |
12 | charges and assessments shall be fully disclosed in writing to a |
13 | resident prior to the owner or operator's acceptance of any |
14 | initial deposit, fee or rent. Failure to disclose such rent, |
15 | fees, service charges and assessments shall render them void and |
16 | unenforceable in the courts of the Commonwealth. Increases in |
17 | such rent, fees, service charges and assessments shall be |
18 | unenforceable until 30 days after notice thereof has been posted |
19 | in the [mobile home park] manufactured home community and mailed |
20 | to the resident. However, rent shall not be increased during the |
21 | term of the lease. |
22 | (b) (1) If a majority of the manufactured home residents of |
23 | the community believe the rent increase is excessive they may, |
24 | prior to the implementation of the rent increase, request the |
25 | resident association's governing board to submit a written |
26 | request to the American Arbitration Association for the |
27 | appointment of an arbitrator. The resident association shall |
28 | certify on a confidential basis the request and signatures of a |
29 | majority of the residents who shall be notified of the cost |
30 | involved in seeking binding arbitration under this subsection. |
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1 | After the certification the governing body of the resident |
2 | association shall pass a resolution specifically requesting |
3 | arbitration and agreeing to bear the appropriate costs. The |
4 | arbitrator shall conduct binding arbitration between the |
5 | community owner or operator and the manufactured home residents. |
6 | (2) If a community has no resident association, the |
7 | manufactured home residents shall gather, on a confidential |
8 | basis, the signatures of a majority of the residents within the |
9 | community who shall be notified of the cost involved in seeking |
10 | binding arbitration under this section and agree to bear the |
11 | appropriate costs. After gathering the signatures of a majority |
12 | of the manufactured home residents, a written petition shall be |
13 | submitted to the Bureau of Consumer Protection in the Office of |
14 | Attorney General that includes the name of the person who will |
15 | act as the representative of the residents and a statement that |
16 | they dispute the proposed lot rent increase. The Bureau of |
17 | Consumer Protection shall, upon receipt of the written petition, |
18 | contact the manufactured home community owner informing him of |
19 | the petition and requesting that the community owner supply a |
20 | complete list of all residents within the manufactured home |
21 | community to verify that the petition represents a majority of |
22 | the residents. If the community owner fails to comply with the |
23 | request within 14 days of the receipt of the notice, the |
24 | petition shall be deemed valid and the community owner and |
25 | representative of the residents shall be notified. The Bureau of |
26 | Consumer Protection shall, after review, notify both the |
27 | manufactured home community owner and the representative of the |
28 | residents whether a majority of residents has been certified. |
29 | Upon receiving written notice from the Bureau of Consumer |
30 | Protection that the petition contains the names of a majority of |
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1 | residents, the residents may submit a written request for |
2 | binding arbitration to the American Arbitration Association. The |
3 | arbitrator shall conduct binding arbitration between the |
4 | community owner or operator and the manufactured home residents. |
5 | (3) For purposes of determining the majority under this |
6 | subsection, there shall be one vote per manufactured home. |
7 | (c) The manufactured home owner or the manufactured home |
8 | owner's designee shall submit to the binding arbitration and |
9 | shall cooperate with the arbitrator in providing information for |
10 | the sole purpose of deciding the issue of whether the increase |
11 | in rent is excessive. Information regarding the right to binding |
12 | arbitration shall be provided to the manufactured home community |
13 | resident upon signing a ground lease. |
14 | (d) The arbitrator shall promptly hear the dispute and |
15 | render a decision based on the excessive rent increase standard. |
16 | For purposes of determining a reasonable return on the |
17 | manufactured home community owner's investment or equity, the |
18 | arbitrator shall perform a risk analysis and consider |
19 | alternative and comparative investments. |
20 | (e) The costs and expenses of the arbitrator shall be borne |
21 | equally by the manufactured home community owner and the |
22 | manufactured home residents. |
23 | (f) The rental increase shall not take effect until the |
24 | conclusion of the arbitration, pending its outcome. |
25 | (g) A rent increase may not go into effect until the earlier |
26 | of one of the following: |
27 | (1) Completion of the binding arbitration process. |
28 | (2) One hundred twenty days after provision of the written |
29 | notice required under this section. |
30 | (h) For the purposes of this section, the term "excessive |
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1 | rent increase" shall mean an increase which is unreasonable and |
2 | based on the manufactured community home owner's or operator's |
3 | total expenses, including debt service, taxes and a reasonable |
4 | return on the owner's investment or equity in the park, if the |
5 | debt service is directly related to acquisition of the |
6 | manufactured community. Debt service used to or otherwise |
7 | employed for purposes other than that which is directly related |
8 | to the acquisition or capital management of the manufactured |
9 | home community shall be excluded. The arbitrator may perform an |
10 | analysis as to the manufactured community owner's need for a |
11 | rent increase and services provided to the park. The analysis |
12 | shall be performed for a period of not less than three years |
13 | prior to the application for rental increase. Any debt service |
14 | incurred using the manufactured community as collateral or other |
15 | security for investment, enterprises, businesses or similar |
16 | ventures separate and apart from the manufactured home community |
17 | shall not be included in the analysis. |
18 | Section 7. Appliance Installation Fees.--No [mobile home |
19 | park] manufactured home community owner or operator may restrict |
20 | the making of any interior improvements in a [mobile] |
21 | manufactured home so long as such improvements are in compliance |
22 | with applicable building codes and other provisions of law; nor |
23 | may he restrict the installation, service or maintenance of an |
24 | electric or gas appliance in a [mobile] manufactured home or |
25 | charge any fee for such installation unless the fee reflects the |
26 | actual cost to the [mobile home park] manufactured home |
27 | community owner or operator of such installation or its use. |
28 | Section 9. Installation and Removal Fees.--Any fee charged |
29 | for the installation or removal of a [mobile home in a mobile |
30 | home] manufactured home in a manufactured home space shall not |
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1 | exceed the actual cost to the [mobile home park] manufactured |
2 | home community owner or operator for providing such service. |
3 | Such fees shall be refundable to the resident at the time of |
4 | removal in the event that the owner or operator acts to recover |
5 | possession of said space for reasons other than nonpayment of |
6 | rent or breach of a condition of the lease within one year of |
7 | the initial installation of such [mobile] manufactured home. |
8 | Failure to refund such fees as provided shall entitle the tenant |
9 | to recover treble their amount plus court costs and reasonable |
10 | attorney fees. |
11 | Imposition of this type of entrance fee shall not bar the |
12 | [mobile home park] manufactured home community owner or operator |
13 | from requiring a reasonable security deposit in accordance with |
14 | the act of April 6, 1951 (P.L.69, No.20), known as "The Landlord |
15 | and Tenant Act of 1951." |
16 | Section 10. Other Fees.--In accordance with a resident's |
17 | right to invite to his dwelling unit such social and business |
18 | visitors as he wishes, no fee may be charged for overnight |
19 | visitors or guests occupying a resident's [mobile] manufactured |
20 | home. However, if such overnight visitors or guests so |
21 | frequently remain overnight for residential purposes so as to |
22 | increase the number of persons normally living in said unit, the |
23 | owner or operator of a [mobile home park] manufactured home |
24 | community may revise the rent due to conform to the rent paid by |
25 | other residents with a like number of members in their |
26 | household. |
27 | Section 11. Sale of [Mobile] Manufactured Homes.--Any rule, |
28 | regulation or condition of a lease purporting to prevent the |
29 | sale of a [mobile] manufactured home belonging to a resident |
30 | shall be void and unenforceable in the courts of the |
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1 | Commonwealth. The [mobile home park] manufactured home community |
2 | owner or operator may reserve the right to approve the purchaser |
3 | of said [mobile] manufactured home as a resident, but such |
4 | approval may not be unreasonably withheld. Any claim for a fee |
5 | or commission in connection with the sale of such [mobile] |
6 | manufactured home shall be void and unenforceable unless the |
7 | claimant shall in fact have acted as a bona fide licensed |
8 | [mobile] manufactured home sales agent for the [mobile] |
9 | manufactured home owner pursuant to a separate written fee |
10 | agreement. |
11 | Section 12. Waiver of Rights.--The rights and duties of |
12 | [mobile home park] manufactured home community owners and |
13 | operators and the [mobile] manufactured home residents may not |
14 | be waived by any provisions of a written or oral agreement. Any |
15 | such agreement attempting to limit these rights shall be void |
16 | and unenforceable in the courts of the Commonwealth. |
17 | Section 13. Damages.--Any [mobile home park] manufactured |
18 | home community owner, operator or resident aggrieved by a |
19 | violation of their rights under this act may institute a private |
20 | cause of action to recover damages, or for treble damages where |
21 | so provided in this act, or for restitution in any appropriate |
22 | court of initial jurisdiction within the Commonwealth. |
23 | Section 16. Retaliatory Evictions.--Any action by a [mobile |
24 | home park] manufactured home community owner or operator to |
25 | recover possession of real property from a [mobile home park] |
26 | manufactured home community resident or to change the lease |
27 | within six months of a resident's assertion of his rights under |
28 | this act or any other legal right shall raise a presumption that |
29 | such action constitutes a retaliatory and unlawful eviction by |
30 | the owner or operator and is in violation of this act. Such a |
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1 | presumption may be rebutted by competent evidence presented in |
2 | any appropriate court of initial jurisdiction within the |
3 | Commonwealth. |
4 | Section 2. This act shall take effect in 60 days. |
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