THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, SAMUELSON, HAHN, THOMAS, BRENNAN, CALTAGIRONE, DALEY, DeLUCA, DONATUCCI, GINGRICH, HENNESSEY, HORNAMAN, JOSEPHS, KOTIK, KULA, MIRABITO, MUNDY, MURT, O'NEILL, PASHINSKI, SWANGER, VULAKOVICH, YOUNGBLOOD AND EMRICK, JUNE 30, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 7, 2012   

AN ACT

Amending the act of November 24, 1976 (P.L.1176, No.261),

entitled, as amended, "An act providing for the rights and

duties of manufactured home owners or operators and

manufactured home lessees," further providing for 

definitions; providing for determination of abandonment, for 

abandoned manufactured homes, for immunity from liability,

for sale or lease of manufactured home communities, for

closure of manufactured home communities, for notice

requirements in the event of closure of manufactured home

community and for remedies; and repealing certain provisions

of The Landlord and Tenant Act of 1951.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of November 24, 1976

(P.L.1176, No.261), known as the Manufactured Home Community

Rights Act, amended October 19, 2010 (P.L.546, No.80), is

amended to read:

Section 2.  Definitions.--[As used in this act] The following

words and phrases when used in this act shall have the meanings

given to them in this section unless the context clearly

indicates otherwise:

"Agency."  The Office of Attorney General.

"Designated notification recipient lessee."  A lessee who

designates in the lease a specific lessee and address for the

purposes of receiving all required notices with regard to the

manufactured home leased space. Delivery by certified or

registered mail to a lessee so designated shall be deemed

sufficient for purposes of this act.

"Eviction."  The removal of a lessee, occupants and

manufactured home from a manufactured home community in

accordance with an order of possession by a court of the

Commonwealth pursuant to:

(1)  the relevant provisions of the act of April 6, 1951

(P.L.69, No.20), known as "The Landlord and Tenant Act of 1951";

or

(2)  a similar order of a court of common pleas.

"First-time lessee."  The resident who places or causes to be

placed a manufactured home in a manufactured home community.

"Lessee."  A person [that] who rents a manufactured home

community space [and is the responsible party for the

performance of the terms of lease] from a lessor pursuant to the

terms of a lease.

"Lessor."  [An operator that rents a manufactured home space

to a lessee and that is responsible for the performance of the

terms of lease.] The owner or operator of a manufactured home

community who rents a manufactured home space to a lessee

pursuant to the terms of a lease and who is responsible for the

performance of the terms of the lease.

"Manufactured home."  The term includes:

(1)  A manufactured home as defined in section 603(6) of the

National Manufactured Housing Construction and Safety Standards

Act of 1974 (Public Law 93-383, 42 U.S.C. § 5402(6)).

(2)  A mobile home as defined in 75 Pa.C.S. § 102 (relating

to definitions).

"Manufactured home community" or "community."  A site, lot,

field or tract of land, privately or publicly owned or operated,

upon which three or more manufactured homes, occupied for

dwelling or sleeping purposes, are or are intended to be

located, regardless of whether or not a charge is made for such

accommodation.

"Manufactured home community operator" or "community

operator."  A person or entity which conducts the operations of

a manufactured home community on behalf and as the agent of the

community owner.

"Manufactured home community owner" or "community owner."

[An owner or operator of] A person or entity which owns a

manufactured home community.

"Manufactured home occupant."  An individual who resides in a

manufactured home[, who is either a lessee or a manufactured

home resident].

"Manufactured home [resident."] resident" or "resident."  An 

owner of a manufactured home who leases or rents space in a

manufactured home community. The term does not include a person

who rents or leases a manufactured home.

"Manufactured home space."  A plot of ground within a

manufactured home community designed for the accommodation of

one manufactured home.

"Manufactured home space lease" or "lease."  A written

contract between a manufactured home lessee and a manufactured

home community owner containing reciprocal rights and duties,

including the payment of rent for the use of ground for the

placement of a manufactured home in a manufactured home

community.

"Manufactured home tenant" or "tenant."  A person who leases

a manufactured home from the owner of that manufactured home.

"Receipted first-class mail."  First-class mail for which a

certificate of mailing has been obtained. The term does not

include certified or registered mail.

"Rent."  Ground rent for a manufactured home space.

"Resident association."  An organization open to all

residents of a manufactured housing community, whether the

organization is structured as a cooperative, a corporation or

otherwise.

"Rules and regulations."  Policies and guidelines established

by a manufactured home community owner that relate to community

living.

"Service charges."  Charges for electricity, gas service

which is underground and piped directly to individual units

within a manufactured home community, trash removal, sewage,

water, Internet, cable and all other utilities.

Section 2.  The act is amended by adding sections to read:

Section 10.1.  Determination of Abandonment.--(a)  A lessee

or resident shall be deemed to have abandoned a home and all

personal property in it only after either:

(1)  Judicial process, which shall include all of the

following:

(i)  the entry of a judgment for possession in favor of the

community owner or operator pursuant to applicable law;

(ii)  the execution of an order for possession, or equivalent

process, on said judgment; and

(iii)  a determination by a magisterial district court or

other court of competent jurisdiction that the home and property

have been abandoned.

(2)  Voluntary abandonment, as evidenced by a written

statement from the lessee or resident stating that the lessee or

resident has physically or permanently vacated the home, does

not intend to return to it and has given up all further rights

or ownership interest.

(b)  The determination of abandonment shall be based on a

preponderance of the evidence of the lessee's absence from the

home for at least 30 days and nonpayment of rent for at least 30

days from the date it is due, together with one or more of the

following:

(1)  Termination of electric or water service to the home and

other utility or payment of services to the community owner.

(2)  Cancellation of insurance for the home.

(3)  Removal of most or all personal property from the home.

(4)  Any other indicia of abandonment.

(c)  Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to

jurisdiction and venue), a magisterial district court shall have

jurisdiction to determine if a manufactured home has been

abandoned and shall make a determination as to whether a

manufactured home has been abandoned if the issue is presented.

(d)  A determination by the court that a manufactured home

has been abandoned shall give the community owner the same

rights as an entity which has been granted a judgment for

possession.

Section 10.2.  Abandoned Manufactured Homes.--(a)  If a

resident abandons a manufactured home, the manufactured home

community owner or other authorized person may:

(1)  (i)  enter the manufactured home and secure any

appliances, furnishings, materials, supplies or other personal

property in the manufactured home;

(ii)  disconnect the manufactured home from any

utilities; and

(iii)  otherwise exercise ordinary care in relation to the

manufactured home and personal property, including promptly

disposing of perishable food and contacting an animal control

agency or humane society to remove any abandoned pets.

(2)  (i)  Move the manufactured home, any personal property

inside the manufactured home and personal property located 

within the manufactured home community that is believed to 

belong to the resident to a storage area within the manufactured

home community or to another location deemed necessary and

proper without the requirement of obtaining a removal permit for

the manufactured home from the local taxing authority which

would otherwise be required under 53 Pa.C.S. § 8821(d) (relating

to assessment of mobile homes and house trailers). Prior to

moving the manufactured home and personal property, the

community owner shall notify the former manufactured home

resident by mail and by posting on the manufactured home and at

any other known address or by any other means by which notice

may be achieved. The notice shall state that the manufactured

home and personal property, if applicable, will be moved 60 days

after the date of notice and shall inform the former resident of

the new location of the manufactured home and personal property.

(ii)  The manufactured home shall continue to be subject to

the lien for taxes assessed against it, but the real estate on

which the manufactured home was and is located shall not be

encumbered by or subject to the lien.

(3)  Assess removal charges and storage charges against the

former manufactured home residents.

(4)  Dispose of the personal property or manufactured home,

or both, in accordance with the procedures set forth in

subsection (c). If the personal property or manufactured home is

sold, the proceeds from the sale shall be distributed in the

following order:

(i)  to pay the costs of moving, storing and selling the

personal property or manufactured home;

(ii)  to pay all back rent due and all other amounts due to

the community owner;

(iii)  to pay all outstanding taxes on the manufactured home;

and

(iv)  to pay all outstanding liens on the manufactured home.

Any amount still remaining from the sale after payment of the

items in subparagraphs (i), (ii), (iii) and (iv) shall be paid

to the resident. If the resident's whereabouts are unknown, any

amount due and payable to the resident shall be paid to the

Commonwealth as required by Article XIII.1 of the act of April

9, 1929 (P.L.343, No.176), known as "The Fiscal Code."

(a.1)  Notwithstanding any other provision of law to the

contrary, upon proper disposal of the personal property and the

manufactured home, neither the purchaser nor the manufactured

home community owner, nor any person acting for or on behalf of

the purchaser or the manufactured home community owner, shall be

liable for any outstanding taxes or liens on the home.

(b)  The manufactured home community owner or other

authorized person acting in good faith to comply with the

requirements of this section are not responsible for any loss or

damage to a home, personal property inside the manufactured home

or within the community, or for any fees, assessments or other

charges of any kind relating to the abandoned manufactured home

unless the community owner failed to provide the notice required

under this section or failed to exercise due care of the home or

personal property.

(c)  (1)  The manufactured home community owner or other

authorized person may dispose of the manufactured home and

personal property after first giving written notice to the

resident and any lienholder. The notice shall be sent by

certified mail, return-receipt requested, or by receipted first-

class mail, to the resident's last known address, which may be

the address of the premises, and at any alternate address or

addresses if known to the owner or other authorized person,

including the address of emergency contacts if provided. The

notice shall also be posted in a conspicuous location in the

manufactured home community.

(2)  The notice of removal required by subsection (a)(2)(i) 

and the notice of disposal required by this subsection may be

combined in one notice.

(d)  The notice required under this section shall state the

following:

(1)  The manufactured home and contents are considered

abandoned and to avoid the sale or other disposal of the

manufactured home, the manufactured home and contents must be

claimed and removed from the premises in the manufactured home

community or from the storage area or from the place of storage

within 60 days after the date of mailing of the notice.

(2)  If the manufactured home and contents are not claimed

and removed within the time set forth in the notice:

(i)  the owner or other authorized person may sell the

manufactured home at public or private sale with or without

additional notices; or

(ii)  if it is reasonably determined by the owner or other

authorized person that the value of the property is so low that

the cost of storage and conducting a sale would exceed the

amount that would be realized from the sale of the manufactured

home, the manufactured home may be destroyed or discarded.

(3)  (i)  Within the time provided in the notice, the

resident may claim the manufactured home by notifying the

manufactured home community owner or other authorized person in

writing that the manufactured home will be claimed and removed

within the time provided in the notice or such later time as is

mutually agreed to by the owner or other authorized person and

the resident.

(ii)  If the resident fails to claim and remove the

manufactured home within the time specified in the notice or

such later time, the manufactured home shall be conclusively

deemed abandoned and the community owner or other authorized

person shall be entitled to proceed to sell or otherwise dispose

of the manufactured home.

(e)  When a manufactured home community owner or other

authorized person disposes of the manufactured home, notice of

disposal shall be sent to the Department of Transportation,

addressed to the Bureau of Motor Vehicles, Vehicle Registration

Division, or such other office or bureau as is designated by the

department.

(f)  (1)  When a manufactured home is sold under this

section, the Department of Transportation shall, upon proof of

sale and purchase and regardless of anything to the contrary in

75 Pa.C.S. (relating to vehicles), issue a certificate of title

to the purchaser evidencing no encumbrances.

(2)  If the manufactured home is not sold, but is destroyed

or discarded because the value of the manufactured home was

determined to be so low that the storage and sale would exceed

the amount to be realized in the sale, the department shall,

upon receiving notarized documentation that the manufactured

home was destroyed or discarded, make an appropriate notation on

its recordkeeping system that the manufactured home has been

destroyed or discarded and that no certificate of title should

again be issued for the manufactured home.

(3)  The Department of Transportation may create and use a

special form for this process, but may not impose any other

requirements for compliance with this provision to be fulfilled.

(g)  (1)  When a manufactured home is moved to a storage area

or another location or is disposed of as provided for by this

section, and the space on which that manufactured home

previously was located is vacant, the manufactured home

community owner or other authorized person may lease that space

to a new resident or otherwise locate another manufactured home

on that space.

(2)  The municipality or taxing district in which the

manufactured home community is located shall not prevent the

occupancy of that space by another manufactured home nor shall

it attach any conditions to the occupancy that are not

applicable to a new resident locating in a space made vacant by

circumstances other than abandonment.

(h)  (1)  If a manufactured home is moved to a storage area

or another location or is disposed of as provided for in this

section, the real estate on which the manufactured home was or

is located, the manufactured home community or the purchaser of

the manufactured home shall not be liable for any taxes, fees,

assessments or other charges imposed by the municipality or

taxing district on the manufactured home.

(2)  Liability for any taxes assessed and imposed on the

resident or liability to satisfy any lien for such taxes shall

continue to be the responsibility of the resident, and shall not

be assessed and imposed on the real estate on which the

manufactured home was or is located, the manufactured home

community or the purchaser of the manufactured home, all of

which is as provided for in the act of May 22, 1933 (P.L.853,

No.155, known as "The General County Assessment Law," or in 53

Pa.C.S. Ch. 88 (relating to consolidated county assessment).

(3)  No government entity shall refuse to issue or delay

issuing any permits, licenses or other required authorities to

the manufactured home community, community owner, purchaser or

any new tenant or resident attempting to locate or lease a

manufactured home on the property where the abandoned home was

located solely because of tax liability on the abandoned home.

Section 10.3.  Immunity from Liability.--A manufactured home

community owner who complies with the procedures set forth in

this act shall be immune from liability with regard to or as a

consequence of the sale, disposal or destruction of an abandoned

manufactured home and any contents in such manufactured home or

otherwise in the community or associated with the home except as

otherwise specifically set forth in this act.

Section 11.1.  Sale or Lease of Manufactured Home

Communities.--(a)  In the event of the sale or lease of a

manufactured home community, a manufactured home community owner

shall provide written notice to the residents and tenants of the

community and to the Pennsylvania Housing Finance Agency. The

notice shall be sent within 30 days after any agreement of sale

is signed. The notice shall be posted in the same conspicuous

and readily accessible place in the manufactured home community

where the community rules and regulations are posted, pursuant

to section 4.

(b)  Within 30 days of transfer of title to the community the

new owner shall notify the residents and tenants of the name of

the new owner and contact information for either the new owner

or new operator of the community. The notice shall be mailed to

each resident and tenant and shall be posted immediately in the

same conspicuous and readily accessible place in the

manufactured home community where the community rules and

regulations are posted, pursuant to section 4.

Section 11.2.  Closure of Manufactured Home Communities.--(a)

In the event of the closure of a manufactured home community, in

whole or part, the manufactured home community owner shall:

(1)  Provide written notice to the residents and tenants of

the community, to the resident association if one exists, to the

Pennsylvania Housing Finance Agency and to the municipality

where the manufactured home community is located within 60 days

of deciding to close the community. The notice shall include the

estimated date residents and tenants will be expected to vacate

the community, which shall be no less than 180 days from the

date of the notice, and the estimated date the community will be

closed.

(2)  Notify any prospective resident in writing, prior to

leasing a manufactured home space, and any known prospective

tenant, prior to leasing a manufactured home in a manufactured

home community, of the scheduled closing date.

(b)  A manufactured home community owner shall consider any

offer to purchase the community made by a resident association

representing at least 25% of the manufactured home spaces or by

a nonprofit corporation, including a community development

corporation, housing authority or redevelopment authority acting

at the request of the residents of at least 25% of the spaces

and shall negotiate in good faith with the entity submitting the

offer.

(c)  A manufactured home community owner shall pay relocation

expenses to the owner of any manufactured home in a manufactured

home community that is closing in an amount equivalent to the

cost of relocation, not to exceed the amount of $4,000 for a

single section manufactured home and $6,000 for a multisection

manufactured home. The amounts stated in this subsection shall

be adjusted annually by the Department of Community and Economic

Development to reflect any increase in the Consumer Price Index.

(d)  A manufactured home community owner shall pay a minimum

of $2,500 or the appraised value, whichever is greater, of any

manufactured home to the resident of the manufactured home upon

the closure of the community if the resident is unable or

unwilling to find a reasonably suitable replacement site. The

appraised value must be provided by a certified residential real

estate appraiser with substantial experience in appraising

manufactured homes who is mutually agreed to by the owner and

the resident. If the parties cannot agree on an appraiser, each

shall select an appraiser, and the two appraisers shall select

the appraiser to perform the appraisal. The community owner and

the resident shall each pay half of the cost for the appraisal.

Notwithstanding the provisions of this subsection, the resident

and the community owner may mutually agree upon a price for the

sale of the manufactured home.

(e)  In the event a manufactured home community is closed

because of a condemnation, action in eminent domain or other

governmental action, the manufactured home residents shall not 

be entitled to payments set forth in subsections (c) and (d),

but shall be entitled to the rights and remedies available under

laws relating to condemnation, eminent domain or other

governmental action.

(f)  A tenant who rents a manufactured home in a manufactured

home community shall have the right to terminate the lease

without penalty upon receiving notice of the planned closing of

the community.

(g)  A manufactured home resident shall not be required to

remove the manufactured home from the land when a manufactured

home community closes, nor shall the resident be liable for the

costs of removing or disposing of the manufactured home. The

manufactured home community owner may require a resident who is

leaving a manufactured home in the community to assign the title

to the community owner. In the event the resident refuses to

make such assignment, the community owner may proceed under

section 10.1.

Section 11.3.  Notice Requirements in Event of Closure of

Manufactured Home Community.--(a)  The notice sent given to the

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Pennsylvania Housing Finance Agency under section 11.2 shall be 

sent by certified mail and shall be addressed to the agency's 

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legal department of the Pennsylvania Housing Finance Agency.

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(b)  (1)  Within 60 days of the effective date of this

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section, the Pennsylvania Housing Finance Agency shall publish a

notice in both the Pennsylvania Bulletin and on its publicly

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accessible Internet website that it is compiling a list of

parties interested in receiving copies of any notice received by

it under sections 11.1 and 11.2 and inviting the parties to

provide their contact information to receive notices of

community sales or closures. Interested parties may indicate

their region of the State or that they operate Statewide. The

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agency shall send copies of notices it

(2)  The Pennsylvania Housing Finance Agency shall send

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copies of notices it receives under this section to parties on

the list that are Statewide or within the region the parties

identify. Notices shall be sent by regular mail or by electronic

mail within ten calendar days of the legal department's receipt

of a notice.

(3)  Nothing in this subsection shall be construed to create

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any liability for the Pennsylvania Housing Finance Agency or

otherwise to affect the transfer of any real property in the

event there is a failure to provide notice in accordance with

this act.

(c)  A notice given pursuant to section 11.2(a)(1) shall be:

(1)  Delivered to an adult resident of each manufactured home

space within the manufactured home community or mailed by first

class mail to the resident or tenant of each space.

(2)  Posted in the same conspicuous and readily accessible

place in the manufactured home community where the community

rules and regulations are posted, pursuant to section 4.

(d)  A notice given pursuant to section 11.2(a)(2) shall be

given personally to the prospective resident or known

prospective tenant.

Section 16.1.  Remedies.--(a)  A violation of this act may be

enforced as provided by sections 13, 14, 15 and 16 and shall

also constitute an "unfair or deceptive act or practice" within

the meaning of section 2(4) of the act of December 17, 1968

(P.L.1224, No.387), known as the "Unfair Trade Practices and

Consumer Protection Law," and shall be a violation of and shall

be subject to the enforcement provisions and private rights of

action contained in that act.

(b)  Residents shall have the right to seek injunctive relief

to enforce compliance with this section and sections 11.1 and

11.2.

Section 3.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  The definition of "abandoned mobile home" in section 

102 and section 505 of the act of April 6, 1951 (P.L.69,

No.20), known as The Landlord and Tenant Act of 1951, are 

repealed.

Section 4.  This act shall take effect in 60 days.