PRINTER'S NO. 1730
No. 1363 Session of 1989
INTRODUCED BY LEWIS, MELLOW AND REIBMAN, NOVEMBER 22, 1989
REFERRED TO URBAN AFFAIRS AND HOUSING, NOVEMBER 22, 1989
AN ACT
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 evictions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2 of the act of November 24, 1976
8 (P.L.1176, No.261), known as the Mobile Home Park Rights Act, is
9 amended by adding definitions to read:
10 Section 2. Definitions.--As used in this act:
11 "Blind" means having 3/60 or 2/100, or less, normal vision.
12 "Disabled" means having a mental or physical condition which,
13 as certified by a licensed practitioner of the healing arts,
14 impedes the performance of activities essential to normal
15 living.
16 * * *
17 "Protected resident" means a mobile home resident who:
18 (1) is blind or disabled;
19 (2) is 62 years of age or older; and
1 (3) has been a mobile home resident for the immediately
2 preceding two years.
3 * * *
4 Section 2. Section 3 of the act is amended to read:
5 Section 3. Evictions.--(a) A mobile home resident shall
6 only be evicted for any of the following reasons:
7 (1) Nonpayment of rent.
8 (2) A second or subsequent violation of the rules of the
9 mobile home park occurring within a six-month period.
10 (3) If there is a change in use of the park land or parts
11 thereof.
12 (4) Termination of mobile home park.
13 (b) A mobile home resident shall only be evicted in
14 accordance with the following procedure:
15 (1) A resident shall not be evicted by any self-help
16 measure.
17 (2) Prior to the commencement of any eviction proceeding,
18 the mobile home park owner shall notify the mobile home park
19 resident in writing of the particular breach or violation of the
20 lease or park rules by certified or registered mail.
21 (i) In the case of nonpayment of rent, the notice shall
22 state that an eviction proceeding may be commenced if the mobile
23 home resident does not pay the overdue rent within 20 days from
24 the date of service if the notice is given on or after April 1
25 and before September 1, and 30 days if given on or after
26 September 1 and before April 1 or an additional nonpayment of
27 rent occurring within six months of the giving of the notice may
28 result in immediate eviction proceedings.
29 (ii) In the case of a breach of the lease or violation of
30 the park rules, other than nonpayment of rent, the notice shall
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1 describe the particular breach or violation. No eviction action
2 shall be commenced unless the mobile home park resident has been
3 notified as required by this section, and upon a second or
4 subsequent violation or breach occurring within six months, the
5 mobile home park owner may commence eviction proceedings at any
6 time within 60 days of the last violation or breach.
7 (3) Prior to the commencement of any eviction proceeding due
8 to a change in use of the park land or due to the termination of
9 the mobile home park, the owner or operator of a mobile home
10 park shall give notice of change in land use or termination of
11 the mobile home park to the mobile home resident in writing at
12 least one year before the owner or operator of a mobile home
13 park will require the mobile home resident to vacate a mobile
14 home space.
15 (i) The notice of change in use of park land or termination
16 of the mobile home park shall set forth generally the rights of
17 mobile home residents under this act, including paragraph (4),
18 and shall be mailed by prepaid registered mail, return-receipt
19 requested, to the mobile home resident. No mobile home resident
20 may be required by the owner or operator of the mobile home park
21 to vacate upon less than one year's notice, except by reason of
22 nonpayment of rent, waste or conduct that disturbs other
23 residents' peaceful enjoyment of the mobile home park and that
24 is in violation of this act. Eviction shall be in accordance
25 with this act, and the terms of the residents may not be altered
26 during the notice period. Failure of the mobile home park owner
27 or operator to give notice as required by this paragraph shall
28 be a defense to an action for possession of the mobile home
29 space.
30 (ii) At least 30 days before the notice of change in use of
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1 park land or termination of the mobile home park is given, the
2 mobile home park owner or operator shall hold a mobile home
3 residents' meeting, open to the public, in the municipality
4 where the mobile home park is located, at a place and time
5 convenient to the mobile home residents who may be directly
6 affected by the proposed change or termination.
7 (4) Notwithstanding the provisions of paragraph (3), a
8 protected resident, upon furnishing proof of status as a
9 protected resident to the owner or operator of the mobile home
10 park within 30 days of receipt of notice under paragraph (3),
11 shall be entitled to remain in possession of the mobile home
12 space for two years following the date of notice under paragraph
13 (3), notwithstanding a prior termination date in the lease,
14 except by reason of nonpayment of rent, waste or conduct that
15 disturbs other residents' peaceful enjoyment of the mobile home
16 park and that is in violation of this act. Eviction shall be in
17 accordance with this act, and the terms of the resident's lease
18 may not be altered during the time period between the date on
19 which the resident's lease would otherwise terminate and the
20 expiration of this two-year period. The provisions of this
21 paragraph give rise to a defense to an action for possession of
22 a mobile home space.
23 (c) A mobile home resident shall not be evicted when there
24 is proof that the rules he is accused of violating are not
25 enforced with respect to the other mobile home residents or
26 nonresidents on the park premises.
27 (d) Nothing in this section permits termination of a lease
28 by an owner or operator of a mobile home park in violation of
29 its terms.
30 (e) Nothing in this act or in any lease shall prohibit a
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1 mobile home resident, after receiving notice under subsection
2 (b)(3), from terminating a lease without liability for
3 termination if the mobile home resident gives the owner or
4 operator of the mobile home park 90 days' written notice of the
5 intent to terminate the lease.
6 (f) Where there is a proposed change in use of park land or
7 proposed termination of the mobile home park, the owner or
8 operator of the mobile home park may not engage in activity
9 which would coerce the resident into terminating any lease,
10 including, but not limited to, stampeding, harassing residents
11 or withholding normal services or repairs. A clean pattern of
12 exploitive and harassing actions by the owner or operator of a
13 mobilehome park shall give rise to a rebuttable presumption of a
14 violation of this subsection. The following are examples of a
15 clear pattern of exploitive and harassing action:
16 (1) Successive or extraordinary rent increases.
17 (2) Withholding normal services or repairs.
18 (3) Failure to attend to persistent disrepair or roads.
19 Section 3. Section 15 of the act is amended to read:
20 Section 15. Enforcement.--(a) The Attorney General shall
21 have the power and it shall be his duty to enforce the
22 provisions of this act, but in no event shall an individual be
23 prohibited or otherwise restricted from initiating a private
24 cause of action pursuant to any right or remedy conferred by
25 this act.
26 (b) Violation of this act shall constitute a violation of
27 the act of December 17, 1968 (P.L.1224, No.387), known as the
28 "Unfair Trade Practices and Consumer Protection Law."
29 Section 4. This act shall take effect in 60 days.
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