PRINTER'S NO. 2392
No. 1794 Session of 2007
INTRODUCED BY R. TAYLOR, BRENNAN, CREIGHTON, DALEY, EACHUS,
GIBBONS, GRUCELA, HARPER, HENNESSEY, HORNAMAN, JOSEPHS,
KORTZ, KOTIK, LEACH, McGEEHAN, MENSCH, MOYER, MUNDY, MURT,
M. O'BRIEN, PALLONE, PARKER, PASHINSKI, PRESTON, SIPTROTH,
THOMAS AND YOUNGBLOOD, AUGUST 10, 2007
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 10, 2007
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 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 section 1 of the act of November
9 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park
10 Rights Act, are amended to read:
11 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. The act is amended by adding a section to read:
1 Section 1.1. Legislative Declaration.--The General Assembly
2 finds and declares that:
3 (1) Many seniors are on fixed incomes comprised principally
4 of small pensions and Social Security income.
5 (2) Seniors that live and own manufactured homes and reside
6 in a manufactured home community are often faced with rent
7 payments that increase faster than their Social Security cost-
8 of-living adjustments.
9 (3) Seniors who have lived in manufactured homes for many
10 years are less able than younger residents to adapt to a new
11 location and afford the increasing costs of moving a
12 manufactured home.
13 (4) Therefore, to protect the health and well-being of
14 seniors who own manufactured homes within a manufactured home
15 community, it is in the public interest to ensure those seniors
16 can afford the rent to avoid displacement due to rents that
17 increase faster than their income.
18 Section 3. Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and
19 16 of the act are amended to read:
20 Section 2. Definitions.--As used in this act:
21 ["Mobile home" means a] "Manufactured home." A
22 transportable, single-family dwelling unit intended for
23 permanent occupancy and constructed as a single unit, or as two
24 or more units designed to be joined into one integral unit
25 capable of again being separated for repeated towing, which
26 arrives at a site complete and ready for occupancy except for
27 minor and incidental unpacking and assembly operations, and
28 constructed so that it may be used without a permanent
29 foundation.
30 ["Mobile home park" means any] "Manufactured home community."
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1 A site, lot, field or tract of land, privately or publicly owned
2 or operated, upon which three or more [mobile] manufactured
3 homes, occupied for dwelling or sleeping purposes, are or are
4 intended to be located, regardless of whether or not a charge is
5 made for such accommodation.
6 ["Mobile home resident" means an] "Manufactured home
7 resident." An owner of a [mobile] manufactured home who leases
8 or rents space in a [mobile home park] manufactured home
9 community. The term does not include a person who rents or
10 leases a [mobile] manufactured home.
11 ["Mobile home space" means a] "Manufactured home space." A
12 plot of ground within a [mobile home park] manufactured home
13 community designed for the accommodation of one [mobile]
14 manufactured home.
15 ["Rent" means ground] "Rent." Ground rent for a [mobile]
16 manufactured home site.
17 "Senior." A resident of this Commonwealth who is at least 55
18 years of age.
19 "Service [charges" means charges] charges." Charges for
20 electricity, gas service which is underground and piped directly
21 to individual units within the [park] community, trash removal,
22 sewage and water.
23 Section 3. Evictions.--(a) A [mobile] manufactured home
24 resident shall only be evicted for any of the following reasons:
25 (1) Nonpayment of rent.
26 (2) A second or subsequent violation of the rules of the
27 [mobile home park] manufactured home community occurring within
28 a six-month period.
29 (3) If there is a change in use of the [park] community land
30 or parts thereof.
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1 (4) Termination of [mobile home park] manufactured home
2 community.
3 (b) A [mobile] manufactured home resident shall only be
4 evicted in accordance with the following procedure:
5 (1) A resident shall not be evicted [by] for any self-help
6 measure.
7 (2) Prior to the commencement of any eviction proceeding,
8 the [mobile home park] manufactured home community owner shall
9 notify the [mobile home park] manufactured home community
10 resident in writing of the particular breach or violation of the
11 lease or [park] community rules by certified or registered mail.
12 (i) In the case of nonpayment of rent, the notice shall
13 state that an eviction proceeding may be commenced if the
14 [mobile] manufactured home resident does not pay the overdue
15 rent within 20 days from the date of service if the notice is
16 given on or after April 1 and before September 1, and 30 days if
17 given on or after September 1 and before April 1 or an
18 additional nonpayment of rent occurring within six months of the
19 giving of the notice may result in immediate eviction
20 proceedings.
21 (ii) In the case of a breach of the lease or violation of
22 the [park] community rules, other than nonpayment of rent, the
23 notice shall describe the particular breach or violation. No
24 eviction action shall be commenced unless the [mobile home park]
25 manufactured home community resident has been notified as
26 required by this section, and upon a second or subsequent
27 violation or breach occurring within six months, the [mobile
28 home park] manufactured home community owner may commence
29 eviction proceedings at any time within 60 days of the last
30 violation or breach.
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1 (c) A [mobile] manufactured home resident shall not be
2 evicted when there is proof that the rules he is accused of
3 violating are not enforced with respect to the other [mobile]
4 manufactured home residents or nonresidents on the [park]
5 community premises.
6 Section 4. [Park] Community Rules and Regulations.--(a) The
7 owner or operator of a [mobile home park] manufactured home
8 community may at any time establish fair and reasonable rules
9 and regulations reasonably related to the health, or safety of
10 residents in the [park] community or to the upkeep of the [park,
11 provided such rules and regulations] community, provided the
12 rules and regulations are not arbitrary or capricious and are
13 included in any written lease and delivered to existing
14 residents and are posted in a conspicuous and readily accessible
15 place in the [mobile home park.] manufactured home community.
16 (b) All rules or rental charges shall be uniformly applied
17 to all [mobile] manufactured home residents or prospective
18 [mobile] manufactured home residents of the same or similar
19 category. When the lease or rental agreement is oral, the
20 resident shall be provided with a written copy of such rules and
21 regulations prior to the owner's or operator's acceptance of any
22 initial deposit, fee or rent. In addition a copy of this act
23 shall be posted in a conspicuous and readily accessible place in
24 the mobile home park and a copy of the following notice shall be
25 reproduced in capital typewritten letters or in ten-point
26 boldface print and be given to each resident upon entering into
27 the lease.
28 "IMPORTANT NOTICE REQUIRED BY LAW
29 The rules set forth below govern the terms of your lease
30 or occupancy agreement with this [mobile home park]
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1 manufactured home community. The law requires all of these
2 rules to be fair and reasonable.
3 You may continue to stay in this [park] community as long
4 as you pay your rent and other reasonable fees, service
5 charges and assessments hereinafter set forth and abide by
6 the rules of the [park] community. Entrance and exit fees may
7 not be charged. Installation and removal fees may not be
8 charged in excess of the actual cost to the [mobile home
9 park] manufactured home community owner or operator for
10 providing such service for the installation or removal of a
11 [mobile home in a mobile] manufactured home in a manufactured
12 home space.
13 You may be evicted for any of the following reasons:
14 (1) Nonpayment of rent.
15 (2) A second or subsequent violation of the rules of the
16 [mobile home park] manufactured home community occurring
17 within a six-month period.
18 (3) If there is a change in use of the [park] community
19 land or parts thereof.
20 (4) Termination of [mobile home park.] manufactured home
21 community.
22 You shall only be evicted in accordance with the
23 following procedure:
24 (1) A resident shall not be evicted [by] for any self-
25 help measure.
26 (2) Prior to the commencement of any eviction
27 proceeding, the [mobile home park] manufactured home
28 community owner shall notify you in writing of the particular
29 breach or violation of the lease or [park] community rules by
30 certified or registered mail.
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1 (i) In the case of nonpayment of rent, the notice shall
2 state that an eviction proceeding may be commenced if the
3 [mobile] manufactured home resident does not pay the overdue
4 rent within 20 days from the date of service if the notice is
5 given on or after April 1 and before September 1, and 30 days
6 if given on or after September 1 and before April 1 or an
7 additional nonpayment of rent occurring within six months of
8 the giving of the notice may result in immediate eviction
9 proceedings.
10 (ii) In the case of a breach of the lease or violation
11 of the [park] community rules, other than nonpayment of rent,
12 the notice shall describe the particular breach or violation.
13 No eviction action shall be commenced unless you have been
14 notified as required by this section, and upon a second or
15 subsequent violation or breach occurring within six months,
16 the [mobile home park] manufactured home community owner may
17 commence eviction proceedings at any time within 60 days of
18 the last violation or breach.
19 You shall not be evicted when there is proof that the
20 rules you are accused of violating are not enforced with
21 respect to the other [mobile] manufactured home residents or
22 nonresidents on the [park] community premises.
23 In addition, no eviction proceeding for nonpayment of
24 rent may be commenced against you until you have received
25 notice by certified or registered mail of the nonpayment and
26 have been given to pay the overdue rent 20 days from the date
27 of service if the notice is given on or after April 1 and
28 before September 1, and 30 days if given on or after
29 September 1 and before April 1. However, only one notice of
30 overdue rent is required to be sent to you during any six-
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1 month period. If a second or additional violation occurs
2 within six months from the date of the first notice then
3 eviction proceedings may be immediately started against you.
4 You are entitled to purchase goods or services from a
5 seller of your choice and the [park] community owner shall
6 not restrict your right to do so.
7 If you desire to sell your [mobile] manufactured home,
8 the [mobile home park] manufactured home community owner may
9 not prevent the sale and may not claim any fee in connection
10 therewith, unless there exists a separate written fee
11 agreement. However, the [mobile home park] manufactured home
12 community owner may reserve the right to approve the
13 purchaser as a resident in the [mobile home park.]
14 manufactured home community.
15 Enforcement of the [Mobile Home Park] Manufactured Home
16 Community Rights Act is by the Attorney General of the
17 Commonwealth of Pennsylvania or the District Attorney of the
18 county in which the [mobile home park] manufactured home
19 community is located. You may also bring a private cause of
20 action. If your rights are violated you may contact the State
21 Bureau of Consumer Protection or your local District
22 Attorney."
23 Section 5. Underskirting and Tie-down Equipment.--A [mobile
24 home park] manufactured home community owner or operator may
25 designate the type of material or manner of installation for
26 underskirting, awnings, porches, fences or other additions and
27 alterations to the exterior of the [mobile] manufactured home
28 and tie-down equipment used in a [mobile] manufactured home
29 space in order to insure the safety and good appearance of the
30 [mobile home park] manufactured home community, but under no
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1 circumstances may a resident be required to purchase such
2 equipment from a supplier designated by the [park] community
3 owner or operator.
4 Section 6. Disclosure of Fees.--(a) All rent, fees, service
5 charges and assessments shall be fully disclosed in writing to a
6 resident prior to the owner or operator's acceptance of any
7 initial deposit, fee or rent. Failure to disclose such rent,
8 fees, service charges and assessments shall render them void and
9 unenforceable in the courts of the Commonwealth. Increases in
10 such rent, fees, service charges and assessments shall be
11 unenforceable until 30 days after notice thereof has been posted
12 in the [mobile home park] manufactured home community and mailed
13 to the resident. However, rent shall not be increased during the
14 term of the lease.
15 (b) Any rent increase to a senior resident may not exceed
16 the annual Social Security cost-of-living adjustment approved by
17 the Social Security Administration for that calendar year.
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 4. This act shall take effect in 60 days.
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