PRINTER'S NO. 1642
No. 1336 Session of 2003
INTRODUCED BY GORDNER, R. MILLER, THOMAS, CLYMER, CORRIGAN, CREIGHTON, DALLY, FREEMAN, HARRIS, JAMES, LAUGHLIN, LEACH, MUNDY, REICHLEY, RUBLEY, SATHER, SCRIMENTI, SEMMEL, STERN, TANGRETTI, TRUE, WANSACZ, WASHINGTON AND YOUNGBLOOD, MAY 5, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 5, 2003
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, for park rules and 5 regulations, for maintenance and repairs, for underskirting 6 and tie-down equipment and for overnight guests; providing 7 for sale of manufactured homes and for sewer and water 8 facilities; and making editorial changes. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The title and section 1 of the act of November 12 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park 13 Rights Act, are amended to read: 14 AN ACT 15 Providing for the rights and duties of [mobile] manufactured 16 home owners or operators and [mobile] manufactured home 17 residents. 18 Section 1. Short Title.--This act shall be known and may be 19 cited as the ["Mobile Home Park Rights Act."] "Manufactured Home
1 Community Rights Act." 2 Section 2. The act is amended by adding a section to read: 3 Section 1.1. Legislative Purpose.--An increasing number of 4 citizens of this Commonwealth live in manufactured homes and 5 many of these citizens reside in manufactured housing 6 communities. Because of the growing number of problems and 7 complaints dealing with various aspects of living in 8 manufactured housing communities and because of the unique 9 nature of manufactured housing, residents of manufactured 10 housing communities need the protection of this act. In 11 addition, due to the significant and increasing costs of moving 12 manufactured homes, the potential for damage to the homes 13 through moving as a result of their design, and the inability of 14 manufactured home owners to find comparable space in other 15 manufactured home communities in this Commonwealth, the General 16 Assembly finds and declares that it is necessary to provide the 17 owners of manufactured homes located within a manufactured home 18 community reasonable protection from constructive eviction as a 19 result of the termination of a lease. 20 Section 3. Sections 2 and 3 of the act are amended to read: 21 Section 2. Definitions.--As used in this act: 22 ["Mobile home" means a transportable, single-family dwelling 23 unit intended for permanent occupancy and constructed as a 24 single unit, or as two or more units designed to be joined into 25 one integral unit capable of again being separated for repeated 26 towing, which arrives at a site complete and ready for occupancy 27 except for minor and incidental unpacking and assembly 28 operations, and constructed so that it may be used without a 29 permanent foundation.] 30 "Arbitrary" means without adequate determining principle or 20030H1336B1642 - 2 -
1 rationale; not done or acting according to reason or judgment. 2 "Capricious" means tyrannical, despotic, without fair, solid 3 and substantial cause. 4 "Designated dealer" means any retailer, distributor, 5 wholesaler or manufacturer from which a manufactured home 6 community owner or his agent requires the purchase of a 7 manufactured home or equipment. 8 "Manufactured home" means a transportable single-family 9 dwelling unit containing plumbing, heating and/or cooling and 10 electrical systems intended for permanent occupancy constructed 11 as a single unit or as two or more units designed to be joined 12 into one integral unit which is built on a permanent chassis and 13 designed to be used as a dwelling with or without a permanent 14 foundation when connected to the required utilities. 15 ["Mobile home park"] "Manufactured home community" means any 16 site, lot, field or tract of land, privately or publicly owned 17 or operated, upon which three or more [mobile] manufactured 18 homes, occupied for dwelling or sleeping purposes, are or are 19 intended to be located, regardless of whether or not a charge is 20 made for such accommodation. 21 "[Mobile] Manufactured home resident" means an owner of a 22 [mobile] manufactured home who leases or rents space in a 23 [mobile home park] manufactured home community. The term does 24 not include a person who rents or leases a [mobile] manufactured 25 home. 26 "[Mobile] Manufactured home space" means a plot of ground 27 within a [mobile home park] manufactured home community designed 28 for the accommodation of one [mobile] manufactured home. 29 "Rent" means ground rent for a [mobile] manufactured home 30 site. 20030H1336B1642 - 3 -
1 "Service charges" means charges for electricity, gas service 2 which is underground and piped directly to individual units 3 within the [park] community, trash removal, sewage and water. 4 Section 3. Evictions.--(a) A [mobile] manufactured home 5 resident shall only be evicted for any of the following reasons: 6 (1) Nonpayment of rent. 7 (2) A second or subsequent violation of the rules of the 8 [mobile home park] manufactured home community occurring within 9 a six-month period. 10 (3) If there is a change in use of the [park] community land 11 or parts thereof. 12 (4) Termination of [mobile home park] manufactured home 13 community. 14 (b) A [mobile] manufactured home resident shall only be 15 evicted in accordance with the following procedure: 16 (1) A resident shall not be evicted [by] for any self-help 17 measure[.] which shall include the formation of or participation 18 in any manufactured housing community association whose purpose 19 is to promote the rights of residents living in manufactured 20 housing whether the association is a community association or a 21 State or county association. 22 (2) Prior to the commencement of any eviction proceeding, 23 the [mobile home park] manufactured home community owner shall 24 notify the [mobile home park] manufactured home community 25 resident in writing of the particular breach or violation of the 26 lease or [park] community rules by certified or registered mail. 27 (i) In the case of nonpayment of rent, the notice shall 28 state that an eviction proceeding may be commenced if the 29 [mobile] manufactured home resident does not pay the overdue 30 rent within 20 days from the date of service if the notice is 20030H1336B1642 - 4 -
1 given on or after April 1 and before September 1, and 30 days if 2 given on or after September 1 and before April 1 or an 3 additional nonpayment of rent occurring within six months of the 4 giving of the notice may result in immediate eviction 5 proceedings. 6 (ii) In the case of a breach of the lease or violation of 7 the [park] community rules, other than nonpayment of rent, the 8 notice shall describe the particular breach or violation. No 9 eviction action shall be commenced unless the [mobile home park] 10 manufactured home community resident has been notified as 11 required by this section, and upon a second or subsequent 12 violation or breach occurring within six months, the [mobile 13 home park] manufactured home community owner may commence 14 eviction proceedings at any time within 60 days of the last 15 violation or breach. 16 (iii) At the time of the initiation of any eviction 17 proceeding, the owner of the manufactured home community shall 18 notify the resident in writing of the right to file a complaint 19 with the office of the manufactured housing ombudsman if the 20 resident feels the eviction is not justified. The notice shall 21 also inform the resident that the filing of the complaint shall 22 stay the eviction proceeding pending the completion of an 23 investigation by the manufactured housing ombudsman on the merit 24 and legality of the proposed eviction and a subsequent ruling by 25 the ombudsman concerning it. 26 (c) A [mobile] manufactured home resident shall not be 27 evicted when there is proof that the rules he is accused of 28 violating are not enforced with respect to the other [mobile] 29 manufactured home residents or nonresidents on the [park] 30 community premises. 20030H1336B1642 - 5 -
1 Section 4. The act is amended by adding sections to read: 2 Section 3.1. Termination of Tenancy; Recovery of Premises by 3 Owner.--(a) The owner of a manufactured home community shall 4 not be entitled to the recovery of the manufactured home space 5 upon the termination of a lease with a resident regardless of 6 the term of the lease, provided the resident: 7 (1) is complying with the rules of the manufactured home 8 community; 9 (2) is paying the rent due and any Consumer Price Index rent 10 increases plus any other rental increases as provided for in 11 section 5 of the act of , 20 (P.L. , No. ), 12 known as the "Manufactured Housing Ombudsman and Hearing Board 13 Act"; and 14 (3) desires to continue living in the manufactured home 15 community. 16 (b) The only basis for the recovery of a manufactured home 17 space by an owner of a manufactured home community shall be: 18 (1) When a resident is legally evicted as provided for by 19 section 3. 20 (2) At the expiration of a lease, provided the resident 21 determines that he or she no longer desires to reside in the 22 community and so notifies the owner in writing. 23 Section 3.2. Leases.--(a) Every resident of a manufactured 24 home community shall be provided the option of a one-year lease. 25 Leases for a period exceeding one year, or for a period less 26 than one year, including month-to-month leases, are also 27 permitted subject to approval in writing by a resident. All 28 residents choosing a lease for any period of time less than one 29 year must sign a form indicating they were offered a one-year 30 lease and voluntarily chose a lease of a lesser duration. A copy 20030H1336B1642 - 6 -
1 of the signed form shall be given to the resident and one copy 2 shall be retained by the owner of the community. All leases, 3 regardless of duration, must be in writing and no resident shall 4 be required to sign a lease containing any provision with which 5 he or she does not agree nor shall the resident be required to 6 sign a lease with blank spaces to be filled in by the owners of 7 a manufactured home community at a future date. Oral leases of 8 any duration are invalid. Disputes over the interpretation of 9 lease provisions are subject to review by the manufactured 10 housing ombudsman pursuant to the act of , 20 (P.L. , 11 No. ), known as the "Manufactured Housing Ombudsman and 12 Hearing Board Act." 13 (b) All written leases shall contain the following 14 statement: 15 "TERMINATION OF TENANCY: 16 RECOVERY OF PREMISES BY OWNER 17 The owner of a manufactured home community shall not be 18 entitled to the recovery of the manufactured home space, 19 provided the resident: 20 (1) is complying with the rules of the manufactured home 21 community; 22 (2) is paying the rent due plus any other rental 23 increases as provided for in section 5 of the act of 24 , 20 (P.L. , No. ), known as the 25 "Manufactured Housing Ombudsman and Hearing Board Act"; and 26 (3) desires to continue living in the manufactured 27 housing community." 28 (c) The only basis for the recovery of a manufactured home 29 space by an owner of a manufactured home community shall be: 30 (1) When a resident is legally evicted as provided by this 20030H1336B1642 - 7 -
1 act. 2 (2) At the expiration of a lease, provided the resident 3 determines that he or she no longer desires to reside in the 4 community and notifies the owner in writing of that intent. 5 Section 5. Sections 4, 5, 6, 7, 8 and 9 of the act are 6 amended to read: 7 Section 4. [Park] Community Rules and Regulations.--(a) The 8 owner or operator of a [mobile home park] manufactured home 9 community may at any time establish fair and reasonable rules 10 and regulations reasonably related to the health, or safety of 11 residents in the [park] community or to the upkeep of the [park, 12 provided such rules and regulations] community, provided the 13 rules and regulations are not arbitrary or capricious and are 14 included in any written lease and delivered to existing 15 residents and are posted in a conspicuous and readily accessible 16 place in the [mobile home park.] manufactured home community. 17 Where a residents association exists within the manufactured 18 home community, proposed rules and regulations shall be 19 submitted to the residents association, in addition to being 20 submitted to each resident, for review and comment prior to 21 going into effect. The residents association shall have 45 days 22 from receipt to submit their comments in writing to the 23 manufactured home community owner. No rule shall prevent the 24 placement of any sign, either on the property or on the 25 manufactured home, advertising the manufactured home for sale. 26 (b) Where rules and regulations posted according to 27 provisions of this section are considered by a majority of the 28 residents in the manufactured home community to be unreasonable, 29 a petition signed by at least 51% of the residents, listing the 30 rules and regulations considered unreasonable, along with 20030H1336B1642 - 8 -
1 reasons why, may be submitted by the residents to the Bureau of 2 Consumer Protection in the Office of Attorney General. The 3 Bureau of Consumer Protection shall rule on the reasonableness 4 of the rules or regulations in question within 90 days of 5 receipt of the petition from the residents. If the Bureau of 6 Consumer Protection determines that a rule or regulation is 7 unreasonable, it shall order the owner or owners of the 8 manufactured home community to rescind the rule or regulation. 9 The Bureau of Consumer Protection may also advise the owner or 10 owners of the manufactured home community with respect to any 11 modification of any proposed rule or regulation. 12 (c) All rules or rental charges shall be uniformly applied 13 to all [mobile] manufactured home residents or prospective 14 [mobile] manufactured home residents of the same or similar 15 category. [When the lease or rental agreement is oral, the] The 16 resident shall be provided with a written copy of such rules and 17 regulations prior to the owner's or operator's acceptance of any 18 initial deposit, fee or rent. [In addition a copy of this act 19 shall be posted in a conspicuous and readily accessible place in 20 the mobile home park and a copy of the following notice shall be 21 reproduced in capital typewritten letters or in ten-point 22 boldface print and be given to each resident upon entering into 23 the lease.] In addition, a copy of this act as well as a copy of 24 the act creating the office of the manufactured housing 25 ombudsman and information on the same prepared by the office of 26 the manufactured housing ombudsman shall be provided to every 27 resident of the community prior to their signing a lease as well 28 as posted in a conspicuous and readily accessible place in the 29 manufactured home community. The prospective resident shall, 30 prior to signing a lease, sign a form to be prepared by the 20030H1336B1642 - 9 -
1 office of the manufactured housing ombudsman attesting to the 2 fact that prior to signing a lease, the prospective lessee was 3 provided the information required by this section and, in 4 addition to that, all provisions of this section have been 5 complied with by the manufactured housing community owner. A 6 copy of this signed form shall be given to the prospective 7 lessee and a copy of the form shall be retained by the 8 manufactured housing community owner for review by the office of 9 the manufactured housing ombudsman. A copy of the following 10 notice shall also be reproduced in capital typewritten letters 11 or in ten-point boldface print and given to each resident upon 12 entering into the lease. 13 "IMPORTANT NOTICE REQUIRED BY LAW 14 The rules set forth below govern the terms of your lease 15 or occupancy agreement with this [mobile home park] 16 manufactured home community. The law requires all of these 17 rules to be fair and reasonable. 18 You may continue to stay in this [park] community as long 19 as you pay your rent and other reasonable fees, service 20 charges and assessments hereinafter set forth and abide by 21 the rules of the [park] community. Entrance and exit fees may 22 not be charged. Installation and removal fees may not be 23 charged in excess of the actual cost to the [mobile home 24 park] manufactured home community owner or operator for 25 providing such service for the installation or removal of a 26 [mobile home in a mobile] manufactured home in a manufactured 27 home space. 28 You may not be evicted except for any of the following 29 reasons: 30 (1) Nonpayment of rent. 20030H1336B1642 - 10 -
1 (2) A second or subsequent violation of the rules of the 2 [mobile home park] manufactured home community occurring 3 within a six-month period. 4 (3) If there is a change in use of the [park] community 5 land or parts thereof. 6 (4) Termination of [mobile home park.] manufactured home 7 community. 8 If evicted for reason (2) above, you shall have six 9 months following the eviction proceedings to remove the 10 manufactured home from the manufactured home community. 11 If evicted for reasons (3) or (4) above, no one may be 12 evicted until the expiration of the term of the lease in 13 effect at the time. 14 At the time of initiation of any eviction proceeding, the 15 owner of the manufactured housing community shall notify you 16 in writing of your right to file a complaint with the office 17 of the manufactured housing ombudsman if you feel the 18 eviction is not justified. The notice shall also inform you 19 that the filing of the complaint shall stay the eviction 20 proceeding pending the completion of an investigation by the 21 manufactured housing ombudsman on the merit and legality of 22 the proposed eviction and a subsequent ruling by the 23 ombudsman concerning it. 24 You shall only be evicted in accordance with the 25 following procedure: 26 (1) A resident shall not be evicted [by] for any self- 27 help measure[.] which shall include the formation of or 28 participation in any manufactured housing community 29 association whose purpose is to promote the rights of 30 residents living in manufactured housing whether the 20030H1336B1642 - 11 -
1 association is a community association or a State or county 2 association. 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 20030H1336B1642 - 12 -
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 contact the office of the 12 manufactured housing ombudsman to file a complaint with 13 respect to the following: 14 (1) Disputes with owners and managers of manufactured 15 housing communities in general. 16 (2) Disputes with owners and managers of manufactured 17 housing communities over the interpretation of provisions 18 contained in this act. 19 (3) Disputes with owners and managers of manufactured 20 housing communities over the approval of a prospective 21 purchaser of an existing manufactured home owned by a 22 resident. 23 (4) The reasonableness of rules and regulations 24 promulgated by manufactured housing community owners pursuant 25 to this act. 26 (5) Environmental concerns including, but not limited 27 to, the provisions of safe drinking water and proper sewage 28 disposal. 29 (6) Interpretation of provisions of lease agreements. 30 (7) The reasonableness of proposed rent increases. 20030H1336B1642 - 13 -
1 (8) The reasonableness of pending eviction procedures. 2 You are entitled to purchase goods or services, including 3 the manufactured home itself, from a seller of your choice 4 and the [park] community owner shall not restrict your right 5 to do so. 6 With respect to maintenance and repairs of manufactured 7 homes, you, as a manufactured home resident, shall have the 8 right to engage the services of an experienced professional 9 contractor of your choice or, where feasible, you may perform 10 the needed work yourself or engage the services of a 11 nonprofessional, provided performing such work yourself or by 12 a nonprofessional is not prohibited by any municipal building 13 or housing codes and further provided the individual or 14 individuals performing the work are capable of performing the 15 work in a safe and professional manner while maintaining the 16 aesthetic quality of the manufactured home and its 17 surroundings. 18 If you desire to sell your [mobile] manufactured home, 19 the [mobile home park] manufactured home community owner may 20 not prevent the sale and may not claim any fee in connection 21 therewith, unless there exists a separate written fee 22 agreement. However, the [mobile home park] manufactured home 23 community owner may reserve the right to approve the 24 purchaser as a resident in the [mobile home park.] 25 manufactured home community, subject to all applicable 26 provisions of the Fair Housing Act (Public Law 90-284, 42 27 U.S.C. § 3601 et seq.). 28 Enforcement of the [Mobile Home Park] Manufactured Home 29 Community Rights Act is by the Attorney General of the 30 Commonwealth of Pennsylvania or the District Attorney of the 20030H1336B1642 - 14 -
1 county in which the [mobile home park] manufactured home 2 community is located. You may also bring a private cause of 3 action. If your rights are violated you may contact the State 4 Bureau of Consumer Protection or your local District 5 Attorney." 6 Section 5. Underskirting and Tie-down Equipment.--A [mobile 7 home park] manufactured home community owner or operator may 8 designate the type of material or manner of installation for 9 underskirting, awnings, porches, fences or other additions and 10 alterations to the exterior of the [mobile] manufactured home 11 and tie-down equipment used in a [mobile] manufactured home 12 space in order to insure the safety and good appearance of the 13 [mobile home park] manufactured home community, but under no 14 circumstances may a resident be required to purchase such 15 equipment from a supplier designated by the [park] community 16 owner or operator. The owner of a manufactured home community 17 may not order subsequent changes to the underskirting, awnings, 18 porches, fences or other additions or alterations to the 19 exterior of the manufactured home and tie-down equipment 20 following the initial installation by a manufactured home 21 resident at the request of a manufactured home owner, except for 22 the purpose of replacing damaged items which pose a threat to 23 the public safety of residents and visitors or which, in their 24 damaged condition, negatively affect the aesthetic quality of 25 the manufactured home and its surroundings. 26 Section 6. Disclosure of Fees.--(a) All rent, fees, service 27 charges and assessments shall be fully disclosed in writing to a 28 resident prior to the owner or operator's acceptance of any 29 initial deposit, fee or rent. Failure to disclose such rent, 30 fees, service charges and assessments shall render them void and 20030H1336B1642 - 15 -
1 unenforceable in the courts of the Commonwealth. Increases in 2 such rent, fees, service charges and assessments shall be 3 unenforceable until 30 days after notice thereof has been posted 4 in the [mobile home park] manufactured home community and mailed 5 to the resident. However, rent shall not be increased during the 6 term of the lease. 7 (b) Any fee charged to a resident by the owner of a 8 manufactured home community or a subsidiary company, for trash 9 removal, sewage disposal, water, electric, oil, gas or other 10 utility type service, shall not unreasonably exceed the rate 11 paid by customers of private companies or corporations regulated 12 by the Pennsylvania Public Utility Commission, or municipal 13 authorities or municipalities in the same geographic area for 14 similar services. 15 Section 7. Appliance Installation Fees.--No [mobile home 16 park] manufactured home community owner or operator may restrict 17 the making of any interior improvements in a [mobile] 18 manufactured home so long as such improvements are in compliance 19 with applicable building codes and other provisions of law; nor 20 may he restrict the installation, service or maintenance of an 21 electric or gas appliance in a [mobile] manufactured home or 22 charge any fee for such installation unless the fee reflects the 23 actual cost to the [mobile home park] manufactured home 24 community owner or operator of such installation or its use. 25 Section 8. Entrance and Exit Fees[.--]; Condition Leases.-- 26 (a) Entrance and exit fees may not be charged. 27 (b) The owner or developer of a new manufactured housing 28 community has the exclusive right to designate the homes which 29 may be purchased for the first placement only and except in this 30 case no manufactured home community owner or agent or other 20030H1336B1642 - 16 -
1 person acting on behalf of the owner shall require a resident or 2 prospective resident to purchase any equipment or a manufactured 3 home from the owner or a designated dealer as a condition to 4 lease a manufactured home community space. 5 Section 9. Installation and Removal Fees.--Any fee charged 6 for the installation or removal of a [mobile home in a mobile 7 home] manufactured home in a manufactured home space shall not 8 exceed the actual cost to the [mobile home park] manufactured 9 home community owner or operator for providing such service. 10 Such fees shall be refundable to the resident at the time of 11 removal in the event that the owner or operator acts to recover 12 possession of said space for reasons other than nonpayment of 13 rent or breach of a condition of the lease within one year of 14 the initial installation of such [mobile] manufactured home. 15 Failure to refund such fees as provided shall entitle the tenant 16 to recover treble their amount plus court costs and reasonable 17 attorney fees. 18 Imposition of this type of entrance fee shall not bar the 19 [mobile home park] manufactured home community owner or operator 20 from requiring a reasonable security deposit in accordance with 21 the act of April 6, 1951 (P.L.69, No.20), known as "The Landlord 22 and Tenant Act of 1951." 23 Section 6. The act is amended by adding a section to read: 24 Section 9.1. Removal of Certain Parts.--No manufactured home 25 community owner or manager may remove or cause to be removed the 26 axles, wheels and/or tires from a manufactured home when the 27 home is set up in the community without the written consent of 28 the manufactured home owner. When the removal is required by the 29 community rules and regulations, and the owner or manager takes 30 possession of these items when removed for storage purposes, the 20030H1336B1642 - 17 -
1 owner or manager of the manufactured home community shall 2 provide the manufactured home owner with a signed written 3 receipt that they were removed with the home owner's permission 4 and such receipt shall also include the location where they are 5 to be stored and the value of the items as determined by the 6 manufacturer of the manufactured home. These items shall not be 7 subsequently sold by the community owner or manager unless the 8 sale and the sale price are first approved by the manufactured 9 home owner who owns the items. If the sale is approved by the 10 owner, and the items are subsequently sold, the money received 11 from the sale, as agreed to by the home owner, shall be paid 12 immediately to the manufactured home owner and the manufactured 13 home owner shall be given a copy of the bill of sale. 14 Section 7. Sections 10 and 11 of the act are amended to 15 read: 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] 23 the costs of services provided to that home by the owner of the 24 manufactured home community, as part of the monthly site fee, 25 including, but not limited to, sewer and water service, and the 26 increased costs to the owner of the community can be documented, 27 the owner or operator of a [mobile home park may revise the rent 28 due to conform to the rent paid by other residents with a like 29 number of members in their household.] manufactured home 30 community may charge the resident an additional monthly fee 20030H1336B1642 - 18 -
1 equal to the additional costs incurred. The owner of a 2 manufactured home community may not require the registration of 3 overnight guests. 4 Section 11. Sale of [Mobile] Manufactured Homes.--Any rule, 5 regulation or condition of a lease purporting to prevent the 6 sale or advertisement of the sale of a [mobile] manufactured 7 home belonging to a resident shall be void and unenforceable in 8 the courts of the Commonwealth. The [mobile home park] 9 manufactured home community owner or operator may reserve the 10 right to approve the purchaser of said [mobile] manufactured 11 home as a resident, but such approval may not be unreasonably 12 withheld. Any claim for a fee or commission in connection with 13 the sale of such [mobile] manufactured home shall be void and 14 unenforceable unless the claimant shall in fact have acted as a 15 bona fide licensed [mobile] manufactured home sales agent for 16 the [mobile] manufactured home owner pursuant to a separate 17 written fee agreement. 18 Section 8. The act is amended by adding sections to read: 19 Section 11.1. Sale of Manufactured Homes.--(a) (1) 20 Approval of a prospective purchaser cannot be withheld if the 21 purchaser has the financial ability to pay the rent and charges 22 of the manufactured home community. In determining whether the 23 purchaser has the financial ability to pay the rent and charges: 24 (i) Management shall not require the purchaser to submit 25 copies of any personal income tax returns in order to obtain 26 approval for residency in the manufactured home community. 27 (ii) Management may require the purchaser to document the 28 amount and source of his or her gross monthly income or means of 29 financial support. 30 (2) Within 15 business days of receiving all the information 20030H1336B1642 - 19 -
1 requested from the prospective home owner, the management shall 2 notify the seller and the prospective home owner in writing of 3 either acceptance or rejection of the application and the reason 4 if rejected. During this 15-day period, the prospective home 5 owner shall comply with the management's request, if any, for a 6 personal interview. If the approval of a prospective home owner 7 is withheld for any reason other than those stated in this act, 8 the management, manufactured home community owner or both shall 9 be held liable for all damages resulting therefrom. 10 (b) No owner of a manufactured home community shall require 11 a resident who sells a manufactured home located in the 12 manufactured home community to remove that home from that 13 community upon the sale because of the age of the home, provided 14 the home is in such condition that it would not be injurious to 15 the health, welfare and safety of a prospective purchaser. Any 16 manufactured home located in a manufactured home community shall 17 be presumed to meet this test if it was constructed in 18 accordance with any nationally recognized building or 19 construction codes or standards. It shall be the burden of the 20 manufactured home community owner to prove that a home for sale 21 would be injurious to the health, welfare and safety of a 22 prospective purchaser. In such case, the owner shall be given 23 the option of making improvements to correct any existing safety 24 deficiencies or removing the home. 25 (c) No improvements to any manufactured home prior to sale 26 may be required by any owner of a manufactured home community 27 unless those improvements are directly related to conditions 28 which need to be improved in order to insure the health, welfare 29 and safety of a prospective purchaser. Improvements for 30 aesthetic reasons are strictly prohibited. 20030H1336B1642 - 20 -
1 (d) The inspection of a manufactured home prior to its sale 2 that may be required by the owners of a manufactured home 3 community is only an inspection to insure the structural 4 integrity of the load-bearing segments of the home or to inspect 5 items directly affecting the health, welfare and safety of a 6 prospective purchaser. The inspection may not be made by the 7 owners of any manufactured home community, the management or 8 their agents. Such inspection shall only be made by a qualified 9 inspector, knowledgeable in manufactured housing construction 10 and installation and selected by the owner of the manufactured 11 home. 12 (e) No manufactured home located in a manufactured home 13 community that has been sold to someone and occupied for any 14 length of time may be resold to another individual as new. 15 Prospective purchasers shall be informed of the fact that a home 16 was sold previously and, in the case of multiple sales, shall be 17 given the dates of same and the length of occupancy by the 18 purchasers. No such home may be subsequently titled as an "A" 19 title home from the Department of Transportation if sold 20 previously and occupied for any length of time. 21 (f) All sales are subject to applicable provisions of the 22 Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.). 23 Section 11.2. Sewer and Water Facilities.--(a) Manufactured 24 home communities providing onsite sewer and/or water service to 25 residents shall comply with all applicable provisions of the 26 following statutes: 27 (1) Act of June 22, 1937 (P.L.1987, No.394), known as "The 28 Clean Streams Law." 29 (2) Act of January 24, 1966 (1965 P.L.1535, No.537), known 30 as the "Pennsylvania Sewage Facilities Act." 20030H1336B1642 - 21 -
1 (3) Act of May 1, 1984 (P.L.206, No.43), known as the 2 "Pennsylvania Safe Drinking Water Act." 3 (b) Manufactured home community owners within 30 days of the 4 effective date of this section shall notify the Department of 5 Environmental Protection of the fact that they provide residents 6 with water service and/or sewage disposal service and request an 7 inspection by the Department of Environmental Protection to 8 insure that all applicable requirements of the acts listed under 9 subsection (a) are presently being complied with by that 10 manufactured home community. 11 (c) Those manufactured home communities that are found to be 12 in compliance with all requirements of the acts listed under 13 subsection (a), following the inspection by the Department of 14 Environmental Protection, shall be issued a certificate of 15 compliance by the Department of Environmental Protection which 16 shall be available for inspection upon request by community 17 residents or prospective lessees. Those manufactured home 18 communities not meeting one or more of the requirements of the 19 acts listed under subsection (a) shall be given 90 days to 20 comply. Additional time may be granted by the Department of 21 Environmental Protection if warranted. 22 (d) The Department of Environmental Protection shall prepare 23 and adopt regulations necessary to carry out the provisions of 24 this section which may include inspection fees to cover the 25 administrative costs associated with the enforcement of the 26 provisions of this section. 27 Section 9. Sections 12 and 13 of the act are amended to 28 read: 29 Section 12. Waiver of Rights.--The rights and duties of 30 [mobile home park] manufactured home community owners and 20030H1336B1642 - 22 -
1 operators and the [mobile] manufactured home residents may not 2 be waived by any provisions of a written or oral agreement. Any 3 such agreement attempting to limit these rights shall be void 4 and unenforceable in the courts of the Commonwealth. 5 Section 13. [Damages.--Any mobile home park owner, operator 6 or resident aggrieved by a violation of their rights under this 7 act may institute a private cause of action to recover damages, 8 or for treble damages where so provided in this act, or for 9 restitution in any appropriate court of initial jurisdiction 10 within the Commonwealth.] Damages and Civil Penalties.--(a) 11 Persons who violate this act shall pay a civil penalty of $1,000 12 for each violation of this act plus costs of litigation. 13 (b) Any person aggrieved by a violation of this act may 14 institute a private cause of action to recover three times the 15 damages plus the costs of suit and attorney fees caused by such 16 violation of this act. 17 Section 10. The act is amended by adding a section to read: 18 Section 14.1. Fair Housing Act Compliance.--All manufactured 19 housing communities governed by this act shall comply with all 20 applicable provisions of the Fair Housing Act (Public Law 90- 21 284, 42 U.S.C. § 3601 et seq.). 22 Section 11. Sections 15 and 16 of the act are amended to 23 read: 24 Section 15. Enforcement.--(a) The Attorney General shall 25 have the power and it shall be his duty to enforce the 26 provisions of this act, but in no event shall an individual be 27 prohibited or otherwise restricted from initiating a private 28 cause of action pursuant to any right or remedy conferred by 29 this act. 30 (b) Violation of this act shall constitute a violation of 20030H1336B1642 - 23 -
1 the act of December 17, 1968 (P.L.1224, No.387), known as the 2 "Unfair Trade Practices and Consumer Protection Law." 3 Section 16. Retaliatory Evictions.--Any action by a [mobile 4 home park] manufactured home community owner or operator to 5 recover possession of real property from a [mobile home park] 6 manufactured home community resident or to change the lease 7 within six months of a resident's assertion of his rights under 8 this act or any other legal right shall raise a presumption that 9 such action constitutes a retaliatory and unlawful eviction by 10 the owner or operator and is in violation of this act. Such a 11 presumption may be rebutted by competent evidence presented in 12 any appropriate court of initial jurisdiction within the 13 Commonwealth. 14 Section 12. This act shall take effect in 60 days. B26L68SFL/20030H1336B1642 - 24 -