PRIOR PRINTER'S NO. 681 PRINTER'S NO. 2137
No. 617 Session of 1993
INTRODUCED BY KUKOVICH, PETRONE, BATTISTO, DeWEESE, McCALL,
BELFANTI, GIGLIOTTI, YANDRISEVITS, PISTELLA, GAMBLE, ARGALL,
BARLEY, MELIO, VAN HORNE, TRUE, DALEY, JOSEPHS, TRELLO,
STABACK, WOZNIAK, MIHALICH, PLATTS, FREEMAN, D. W. SNYDER,
NYCE AND BUNT, MARCH 22, 1993
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 15, 1993
AN ACT
1 Providing for the establishment of a Manufactured Housing <--
2 Ombudsman and fixing the powers and duties of the ombudsman;
3 establishing the Manufactured Housing Hearing Board and
4 providing for its membership, powers and duties; establishing
5 a restricted account; and making an appropriation.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Legislative purpose.
9 Section 3. Definitions.
10 Section 4. Manufactured Housing Hearing Board.
11 Section 5. Manufactured Housing Ombudsman.
12 Section 6. Informal disposition before ombudsman.
13 Section 7. Petition for hearing.
14 Section 8. Hearing procedure before board.
15 Section 9. Appeal.
16 Section 10. Public access.
17 Section 11. Resident notification.
1 Section 12. Restricted account.
2 Section 13. Construction of act.
3 Section 14. Funding.
4 Section 15. Effective date.
5 PROVIDING FOR THE ESTABLISHMENT OF A MANUFACTURED HOUSING <--
6 OMBUDSMAN AND FIXING THE POWERS AND DUTIES OF THE OMBUDSMAN;
7 ESTABLISHING THE MANUFACTURED HOUSING HEARING BOARD AND
8 PROVIDING FOR ITS MEMBERSHIP, POWERS AND DUTIES; ESTABLISHING
9 A RESTRICTED ACCOUNT; AND MAKING AN APPROPRIATION.
10 TABLE OF CONTENTS
11 SECTION 1. SHORT TITLE.
12 SECTION 2. LEGISLATIVE PURPOSE.
13 SECTION 3. DEFINITIONS.
14 SECTION 4. MANUFACTURED HOUSING HEARING BOARD.
15 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN.
16 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN.
17 SECTION 7. PETITION FOR HEARING.
18 SECTION 8. HEARING PROCEDURE BEFORE BOARD.
19 SECTION 9. APPEAL.
20 SECTION 10. PUBLIC ACCESS.
21 SECTION 11. RESIDENT NOTIFICATION.
22 SECTION 12. RESTRICTED ACCOUNT.
23 SECTION 13. CONSTRUCTION OF ACT.
24 SECTION 14. FUNDING.
25 SECTION 15. EFFECTIVE DATE.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Short title. <--
29 This act shall be known and may be cited as the Manufactured
30 Housing Ombudsman and Hearing Board Act.
31 Section 2. Legislative purpose.
32 An increasing number of citizens of this Commonwealth live in
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1 manufactured homes, and many of these citizens reside in
2 manufactured housing communities. Because of the growing number
3 of problems and complaints dealing with various aspects of
4 living in manufactured housing communities and because of the
5 unique nature of manufactured housing and the difficulty in
6 relocating manufactured housing, it is necessary to designate a
7 Manufactured Housing Ombudsman and Manufactured Housing Hearing
8 Board to resolve the problems and complaints involving residents
9 and owners of manufactured housing communities. In addition, the
10 creation of the Manufactured Housing Ombudsman will assist in a
11 more equitable and expeditious implementation of the act of
12 November 24, 1976 (P.L.1176, No.261), known as the Mobile Home
13 Park Rights Act.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Board." The Manufactured Housing Hearing Board established
19 under section 4.
20 "Comparable manufactured housing community." A manufactured
21 housing community with similar facilities, services, amenities
22 and management.
23 "Manufactured housing." A transportable, single-family
24 dwelling unit which contains plumbing, heating and/or cooling
25 and electrical systems intended for permanent occupancy, is
26 constructed as a single unit or as two or more units designed to
27 be joined into one integral unit, is built on a permanent
28 chassis and is designed to be used as a dwelling with or without
29 a permanent foundation when connected to the required utilities.
30 "Manufactured housing community." A site, lot, field or
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1 tract of land, privately or publicly owned or operated, upon
2 which three or more manufactured homes, occupied for dwelling or
3 sleeping purposes, are or are intended to be located, regardless
4 of whether or not a charge is made for such accommodation.
5 "Manufactured housing resident." An owner of a manufactured
6 home who leases or rents space in a manufactured housing
7 community. The term does not include a person who rents or
8 leases a manufactured home.
9 "Ombudsman." The Manufactured Housing Ombudsman established
10 under section 5.
11 "Respondent." The person against whom the original complaint
12 is directed.
13 "Secretary." The Secretary of Community Affairs of the
14 Commonwealth.
15 "Unreasonable." Not fair, proper, just, moderate or suitable
16 under the circumstances or fit or appropriate to the end in
17 view.
18 Section 4. Manufactured Housing Hearing Board.
19 (a) Establishment.--The Manufactured Housing Hearing Board
20 is established as an independent quasi-judicial agency.
21 (b) Members.--The board shall consist of seven members. Two
22 members shall be members of the Pennsylvania Manufactured
23 Housing Association; two members shall be members of the
24 Pennsylvania Manufactured Home Owners of America, Inc.; one
25 member shall be the Attorney General or his or her designee; one
26 member shall be the Secretary of the Department of Community
27 Affairs or his or her designee; and one member shall be the
28 Secretary of the Department of Environmental Resources or his or
29 her designee. The Governor shall appoint two members of the
30 Pennsylvania Manufactured Housing Association and two members of
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1 the Pennsylvania Manufactured Home Owners of America, Inc. from
2 a list of three names submitted by each organization to the
3 Governor.
4 (c) Chairman.--The board shall designate one member of the
5 board to serve as chairman.
6 (d) Terms.--A member of the board shall serve for a term of
7 five years or until a successor is appointed and qualified
8 within six months of the expiration of the original term. Board
9 members may be reappointed to one additional term.
10 (e) Compensation.--Board members shall receive a daily per
11 diem of $60. In addition, all members shall be reimbursed for
12 actual and reasonable expenses for travel, lodging and meals
13 incurred in the performance of their official duties.
14 (f) Meetings.--The board shall meet every 60 days or as
15 often as is necessary to implement the provisions of this act,
16 and the meetings may be rotated between Pittsburgh,
17 Philadelphia, Scranton and Harrisburg as feasible to facilitate
18 the attendance of those having appeals pending before the board.
19 (g) Administrative decisions.--The board shall assist the
20 Manufactured Housing Ombudsman with respect to deciding the need
21 for and location of field offices, which may include, if space
22 is available, location within the current regional offices of
23 the Attorney General's office or State Human Relations
24 Commission.
25 Section 5. Manufactured Housing Ombudsman.
26 (a) Establishment.--There is hereby established, under the
27 Governor's Office, the Manufactured Housing Ombudsman to
28 investigate and resolve complaints and disputes involving
29 manufactured housing.
30 (b) Appointment.--The position of ombudsman shall be a full-
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1 time position. The ombudsman shall be appointed by the board.
2 (c) Compensation.--The compensation of the ombudsman shall
3 be fixed by the board but in no case shall it exceed the average
4 annual compensation paid to all cabinet secretaries.
5 (d) Powers and duties.--The ombudsman shall have the
6 following powers and duties:
7 (1) (i) To investigate and resolve complaints and
8 disputes between residents and community owners related
9 to manufactured housing concerning the following:
10 (A) Disputes over the interpretation of
11 provisions contained in the act of November 24, 1976
12 (P.L.1176, No.261), known as the Mobile Home Park
13 Rights Act.
14 (B) Disputes over the approval of a prospective
15 purchaser of an existing manufactured home owned by a
16 resident.
17 (C) The reasonableness of rules and regulations
18 promulgated by manufactured housing community owners
19 pursuant to the Mobile Home Park Rights Act.
20 (D) Environmental concerns, including, but not
21 limited to, the provision of safe drinking water and
22 proper sewage disposal.
23 (E) Interpretation of provisions of lease
24 agreements.
25 (F) The reasonableness of proposed rent
26 increases.
27 (G) The reasonableness of pending eviction
28 procedures.
29 (ii) The decision of the ombudsman shall be final
30 and binding on all parties unless appealed to the board
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1 as provided for in section 7. Once an investigation has
2 been initiated by the ombudsman concerning a complaint
3 filed, any pending proposed rent increase, rule or
4 regulation or eviction proceeding shall be stayed pending
5 a final decision by the ombudsman. The only exception to
6 this automatic stay shall be a proposed annual rent
7 increase that does not exceed the annual increase in the
8 cost of living, as determined by the United States
9 Department of Labor for the preceding calendar year. A
10 resident in such case shall be precluded from filing a
11 complaint with the ombudsman on the reasonableness of the
12 proposed increase. If, after an investigation, the
13 increase is determined to be unreasonable, the owner of
14 the manufactured housing community shall, pending a final
15 decision of the ombudsman, refund to each resident
16 affected the increased amount paid which was determined
17 to be unreasonable, or credit the resident with an equal
18 amount of the rent due, in the month following the
19 decision of the ombudsman or, if appealed, in the month
20 following a decision by the board. If the ombudsman
21 determines that an existing or proposed rule or
22 regulation promulgated by the owner or manager of a
23 manufactured housing community is unreasonable, the rule
24 or regulation shall be rescinded. If the ombudsman has
25 determined that a proposed rent increase is unreasonable,
26 the rent increase shall not go into effect. Copies of all
27 decisions of the ombudsman shall be forwarded to the
28 Office of Attorney General.
29 (iii) When making a determination as to the
30 reasonableness of a proposed rent increase, the ombudsman
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1 may consider the following:
2 (A) Rents charged by comparable manufactured
3 housing communities within the same competitive
4 geographic area.
5 (B) Actual cost data relative to improvements
6 made or to be made to the manufactured housing
7 community when it is used as a justification for the
8 proposed rent increase including improvements to
9 sewer and water facilities and services.
10 (C) Historical evidence of improvements made to
11 that manufactured housing community previously when
12 rents were increased.
13 (iv) In addition to other factors, the ombudsman may
14 determine a proposed rent increase to be unreasonable if
15 the proposed increase results in the rent exceeding
16 market rent or the rent that would result from market
17 forces when both parties have equal bargaining position.
18 (2) To initiate any legal proceeding before any Federal,
19 State or county court necessary to protect the rights of
20 manufactured housing residents or community owners and to
21 represent the residents and or community owners before the
22 court in any such proceeding.
23 (3) To initiate any proceeding before any Federal, State
24 or local agency necessary to protect the rights of
25 manufactured housing residents or community owners and to
26 represent the residents and/or community owners in any such
27 proceedings.
28 (4) (i) To disseminate necessary information to the
29 public concerning information they should review prior to
30 the purchase of manufactured housing or leasing space in
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1 a manufactured community. This shall include, but shall
2 not be limited to, the preparation of a brief statement
3 titled "IMPORTANT INFORMATION FOR A PROSPECTIVE PURCHASER
4 OF MANUFACTURED HOUSING OR LESSEE IN MANUFACTURED HOUSING
5 COMMUNITY." Following the title shall appear a brief
6 summary of the key facts of which anyone contemplating
7 purchasing a manufactured home or leasing space in a
8 manufactured housing community should be aware. The
9 notice, including the title, shall be in ten-point
10 boldface print and signs and visual symbols shall be used
11 as appropriate to facilitate the understanding of the
12 information by readers. A copy of the statement shall be
13 provided by:
14 (A) Manufactured housing dealers or others
15 licensed in this Commonwealth under the act of
16 December 22, 1983 (P.L.306, No.84), known as the
17 Board of Vehicles Act, to a prospective purchaser of
18 a new manufactured home at least 48 hours before the
19 purchaser signs an agreement of sale.
20 (B) Anyone licensed under the Board of Vehicles
21 Act, or any real estate salesperson or broker
22 licensed under the act of February 19, 1980 (P.L.15,
23 No.9), known as the Real Estate Licensing and
24 Registration Act, to a prospective purchaser of a
25 pre-owned manufactured home at least 48 hours before
26 the purchaser signs an agreement of sale.
27 (C) Manufactured housing community owners or
28 managers, to a prospective lessee at least 48 hours
29 before the lessee signs a lease for space in a
30 manufactured housing community operated in this
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1 Commonwealth.
2 (ii) The ombudsman shall, within 90 days of the
3 effective date of this act, forward a copy of the
4 statement under subparagraph (i) to anyone licensed to
5 sell manufactured housing in this Commonwealth, as well
6 as to all owners or managers of manufactured housing
7 communities, along with a copy of this act and a notice
8 of their responsibilities pursuant to this section.
9 Failure to receive a copy of this act and notification
10 from the ombudsman, as required by this section, shall
11 not relieve anyone of his responsibilities under this
12 section.
13 (5) To educate the public concerning the powers and
14 duties of the ombudsman and the services available.
15 (e) Staff.--The ombudsman shall work closely and
16 cooperatively with the Office of Attorney General, and, in
17 addition to staff support from the Office of General Counsel,
18 the Human Relations Commission and other appropriate State
19 agencies, including the Office of Attorney General, the board
20 may appoint attorneys as assistants and such additional
21 clerical, technical and professional staff as may be appropriate
22 and may contract for such additional services as are necessary
23 to implement the provisions of this act. The compensation of
24 assistants and clerical, technical and professional staff shall
25 be set by the board. An assistant or other staff employee shall
26 not, while serving in such position, engage in any business,
27 vocation or other employment involving manufactured housing or
28 have other interests involving manufactured housing inconsistent
29 with his official responsibilities.
30 Section 6. Informal disposition before ombudsman.
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1 (a) General rule.--A person who rents or owns manufactured
2 housing which is located on land in a manufactured housing
3 community for which a ground rental fee is paid, or any owner or
4 manager of a manufactured housing community, may contact the
5 ombudsman to investigate his complaint.
6 (b) Complaint form.--The ombudsman shall prepare a
7 standardized complaint form to be used by an individual or group
8 of individuals filing a complaint. There shall be no charge to
9 file a complaint with the ombudsman. The form shall include, but
10 shall not be limited to:
11 (1) A list of the complaints.
12 (2) The notarized signature of the individual or
13 individuals filing the complaint.
14 (3) The address and telephone number of the individual
15 or individuals filing the complaint.
16 (4) The name, address and telephone number of all
17 parties involved in the complaint.
18 (c) Response.--On receipt of the complaint form, the
19 ombudsman shall send to the named respondent, by certified mail,
20 a copy of the complaint, along with a notice that a response is
21 required showing cause, if any, why the complaint should be
22 dismissed.
23 (d) Review.--After reviewing the complaint and response, the
24 ombudsman or his staff shall promptly investigate the complaint,
25 including complaints involving proposed rent increases, and try
26 to mediate the dispute. The ombudsman shall render a decision on
27 all complaints filed within 30 days of receipt of the complaint.
28 (e) Decision of ombudsman.--
29 (1) The ombudsman, after the investigation of a
30 complaint, may determine that there is no factual basis to
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1 support the complaint and shall so notify all parties.
2 (2) If a complaint is substantiated, the ombudsman may
3 make a recommendation, with respect to resolving the dispute,
4 to which all parties may voluntarily agree. If the complaint
5 involves a determination of the reasonableness of a proposed
6 rent increase and the ombudsman determines the proposed
7 increase to be unreasonable pursuant to section 5(d), the
8 ombudsman's recommendation may include a suggested rental
9 increase that the ombudsman determines would be reasonable.
10 (3) In the absence of the voluntary acceptance of the
11 recommendations of the ombudsman by all parties to resolve a
12 dispute when a complaint is substantiated, the ombudsman
13 shall issue an order setting forth the appropriate actions to
14 be taken by all parties to the dispute. This order shall have
15 the effect of law, and the ombudsman may go to court to
16 enforce the order, provided the order is not overturned by
17 the board on appeal.
18 (f) Appeal to board.--If aggrieved by the decision of the
19 ombudsman, the individual or individuals filing the complaint,
20 or the respondent, may appeal the order of the ombudsman to the
21 board. In the case of a complaint involving a proposed rent
22 increase, the board shall hear the case within 30 days of
23 receipt of the petition for a hearing.
24 Section 7. Petition for hearing.
25 (a) Form.--The ombudsman shall prepare a standardized
26 petition form to be used by an individual or individuals who
27 wish to appeal an order of the ombudsman to the board.
28 (b) Fee.--A filing fee of $200 shall accompany each petition
29 filed with the ombudsman for a hearing before the board. If the
30 board finds in favor of the original party or parties filing the
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1 complaint, the respondent shall be responsible for the payment
2 of the required $200 filing fee.
3 Section 8. Hearing procedure before board.
4 (a) General rule.--Upon receiving a petition for a hearing
5 and the accompanying filing fee, the chairman of the board shall
6 set a time and place for a hearing and shall give the parties
7 reasonable notice of the date, time and location of the hearing.
8 A notice of each hearing shall also be provided to the Office of
9 Attorney General.
10 (b) Proceedings.--All hearings shall be conducted under 2
11 Pa.C.S. Ch. 5 (relating to practice and procedure). Either party
12 to a hearing may present witnesses on his behalf, in person or
13 by deposition, on making a request to the board and designating
14 the person or persons, as well as records and papers, requested
15 to be subpoenaed, and may request that a written transcript of
16 the hearing be taken and made upon payment of the cost of the
17 transcript. Subpoenas may be enforced in Commonwealth Court,
18 which, after a hearing, may judge in contempt or make another
19 appropriate order. For the purpose of the hearing, the board has
20 the powers vested in the officers by section 502 of the act of
21 April 9, 1929 (P.L.177, No.175), known as The Administrative
22 Code of 1929, which secures the power to inspect, examine,
23 secure data or information or procure assistance from any
24 department, board or committee. The board may cause the
25 deposition of witnesses in or outside of this Commonwealth to be
26 taken as prescribed by law for depositions in civil cases.
27 (c) Inspection.--Either party or his authorized agent may
28 inspect any file that pertains to the hearing if such
29 authorization is filed in writing with the ombudsman.
30 (d) Decision.--The board shall render a decision based on
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1 evidence given within seven calendar days of the hearing, and
2 the decision of the board shall be final and binding on all
3 parties unless appealed to the Commonwealth Court as provided
4 for by section 9. A copy of each decision shall be forwarded to
5 the Office of Attorney General.
6 Section 9. Appeal.
7 Within 20 days after service of notice of the decision of the
8 board, a person aggrieved by a decision of the board may apply
9 for an appeal in Commonwealth Court.
10 Section 10. Public access.
11 There shall be a toll-free telephone number established by
12 the ombudsman for public use regarding inquiries on the services
13 available from the ombudsman, including, but not limited to, the
14 procedures for filing a complaint and making an appeal to the
15 board.
16 Section 11. Resident notification.
17 It shall be the responsibility of every owner of a
18 manufactured housing community, within 30 days of the effective
19 date of this act, to provide each resident of the manufactured
20 housing community with a copy of this act and to maintain one
21 copy of this act at a convenient location within the community
22 for review by residents. In addition, all lessees in the
23 community shall be provided with a copy of this act by the
24 owners of the manufactured housing community at least 48 hours
25 before a lessee signs a lease.
26 Section 12. Restricted account.
27 There is hereby established within the State Treasury a
28 restricted account, into which shall be deposited all annual
29 manufactured housing community registration fees collected by
30 the Department of Community Affairs, any appropriation and all
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1 fees paid to the board. The moneys in this account are
2 appropriated for the operation of the ombudsman and the board in
3 such amounts as the General Assembly may designate.
4 Section 13. Construction of act.
5 Nothing in this act shall be construed to contradict or
6 interfere with the rights of consumers as provided for by the
7 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
8 Trade Practices and Consumer Protection Law.
9 Section 14. Funding.
10 The funding of the operation of the Office of the
11 Manufactured Housing Ombudsman and the Manufactured Housing
12 Hearing Board provided for by this act shall be provided by the
13 annual filing fees required to accompany the annual registration
14 of manufactured housing communities in this Commonwealth.
15 Section 15. Effective date.
16 This act shall take effect in 30 days.
17 SECTION 1. SHORT TITLE. <--
18 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MANUFACTURED
19 HOUSING OMBUDSMAN AND HEARING BOARD ACT.
20 SECTION 2. LEGISLATIVE PURPOSE.
21 AN INCREASING NUMBER OF CITIZENS OF THIS COMMONWEALTH LIVE IN
22 MANUFACTURED HOMES, AND MANY OF THESE CITIZENS RESIDE IN
23 MANUFACTURED HOUSING COMMUNITIES. BECAUSE OF THE GROWING NUMBER
24 OF PROBLEMS AND COMPLAINTS DEALING WITH VARIOUS ASPECTS OF
25 LIVING IN MANUFACTURED HOUSING COMMUNITIES AND BECAUSE OF THE
26 UNIQUE NATURE OF MANUFACTURED HOUSING AND THE DIFFICULTY IN
27 RELOCATING MANUFACTURED HOUSING, IT IS NECESSARY TO DESIGNATE A
28 MANUFACTURED HOUSING OMBUDSMAN AND MANUFACTURED HOUSING HEARING
29 BOARD TO RESOLVE THE PROBLEMS AND COMPLAINTS INVOLVING RESIDENTS
30 AND OWNERS OF MANUFACTURED HOUSING COMMUNITIES. IN ADDITION, THE
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1 CREATION OF THE MANUFACTURED HOUSING OMBUDSMAN WILL ASSIST IN A
2 MORE EQUITABLE AND EXPEDITIOUS IMPLEMENTATION OF THE ACT OF
3 NOVEMBER 24, 1976 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME
4 PARK RIGHTS ACT.
5 SECTION 3. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
7 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "BOARD." THE MANUFACTURED HOUSING HEARING BOARD ESTABLISHED
10 UNDER SECTION 4.
11 "COMPARABLE MANUFACTURED HOUSING COMMUNITY." A MANUFACTURED
12 HOUSING COMMUNITY WITH SIMILAR FACILITIES, SERVICES, AMENITIES
13 AND MANAGEMENT.
14 "MANUFACTURED HOUSING." A TRANSPORTABLE, SINGLE-FAMILY
15 DWELLING UNIT WHICH CONTAINS PLUMBING, HEATING AND/OR COOLING
16 AND ELECTRICAL SYSTEMS INTENDED FOR PERMANENT OCCUPANCY, IS
17 CONSTRUCTED AS A SINGLE UNIT OR AS TWO OR MORE UNITS DESIGNED TO
18 BE JOINED INTO ONE INTEGRAL UNIT, IS BUILT ON A PERMANENT
19 CHASSIS AND IS DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT
20 A PERMANENT FOUNDATION WHEN CONNECTED TO THE REQUIRED UTILITIES.
21 "MANUFACTURED HOUSING COMMUNITY." A SITE, LOT, FIELD OR
22 TRACT OF LAND, PRIVATELY OR PUBLICLY OWNED OR OPERATED, UPON
23 WHICH THREE OR MORE MANUFACTURED HOMES, OCCUPIED FOR DWELLING OR
24 SLEEPING PURPOSES, ARE OR ARE INTENDED TO BE LOCATED, REGARDLESS
25 OF WHETHER OR NOT A CHARGE IS MADE FOR SUCH ACCOMMODATION.
26 "MANUFACTURED HOUSING RESIDENT." AN OWNER OF A MANUFACTURED
27 HOME WHO LEASES OR RENTS SPACE IN A MANUFACTURED HOUSING
28 COMMUNITY. THE TERM DOES NOT INCLUDE A PERSON WHO RENTS OR
29 LEASES A MANUFACTURED HOME.
30 "OMBUDSMAN." THE MANUFACTURED HOUSING OMBUDSMAN ESTABLISHED
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1 UNDER SECTION 5.
2 "RESPONDENT." THE PERSON AGAINST WHOM THE ORIGINAL COMPLAINT
3 IS DIRECTED.
4 "SECRETARY." THE SECRETARY OF COMMUNITY AFFAIRS OF THE
5 COMMONWEALTH.
6 "UNREASONABLE." NOT FAIR, PROPER, JUST, MODERATE OR SUITABLE
7 UNDER THE CIRCUMSTANCES OR FIT OR APPROPRIATE TO THE END IN
8 VIEW.
9 SECTION 4. MANUFACTURED HOUSING HEARING BOARD.
10 (A) ESTABLISHMENT.--THE MANUFACTURED HOUSING HEARING BOARD
11 IS ESTABLISHED AS AN INDEPENDENT QUASI-JUDICIAL AGENCY.
12 (B) MEMBERS.--THE BOARD SHALL CONSIST OF SEVEN MEMBERS. TWO
13 MEMBERS SHALL BE MEMBERS OF THE PENNSYLVANIA MANUFACTURED
14 HOUSING ASSOCIATION; TWO MEMBERS SHALL BE MEMBERS OF THE
15 PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC.; ONE
16 MEMBER SHALL BE THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE; ONE
17 MEMBER SHALL BE THE SECRETARY OF THE DEPARTMENT OF COMMUNITY
18 AFFAIRS OR HIS OR HER DESIGNEE; AND ONE MEMBER SHALL BE THE
19 SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OR HIS OR
20 HER DESIGNEE. THE GOVERNOR SHALL APPOINT TWO MEMBERS OF THE
21 PENNSYLVANIA MANUFACTURED HOUSING ASSOCIATION AND TWO MEMBERS OF
22 THE PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC. FROM
23 A LIST OF THREE NAMES SUBMITTED BY EACH ORGANIZATION TO THE
24 GOVERNOR.
25 (C) CHAIRMAN.--THE BOARD SHALL DESIGNATE ONE MEMBER OF THE
26 BOARD TO SERVE AS CHAIRMAN.
27 (D) TERMS.--A MEMBER OF THE BOARD SHALL SERVE FOR A TERM OF
28 FIVE YEARS OR UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED
29 WITHIN SIX MONTHS OF THE EXPIRATION OF THE ORIGINAL TERM. BOARD
30 MEMBERS MAY BE REAPPOINTED TO ONE ADDITIONAL TERM.
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1 (E) COMPENSATION.--BOARD MEMBERS SHALL RECEIVE A DAILY PER
2 DIEM OF $60. IN ADDITION, ALL MEMBERS SHALL BE REIMBURSED FOR
3 ACTUAL AND REASONABLE EXPENSES FOR TRAVEL, LODGING AND MEALS
4 INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
5 (F) MEETINGS.--THE BOARD SHALL MEET EVERY 60 DAYS OR AS
6 OFTEN AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT,
7 AND THE MEETINGS MAY BE ROTATED BETWEEN PITTSBURGH,
8 PHILADELPHIA, SCRANTON AND HARRISBURG AS FEASIBLE TO FACILITATE
9 THE ATTENDANCE OF THOSE HAVING APPEALS PENDING BEFORE THE BOARD.
10 (G) ADMINISTRATIVE DECISIONS.--THE BOARD SHALL ASSIST THE
11 MANUFACTURED HOUSING OMBUDSMAN WITH RESPECT TO DECIDING THE NEED
12 FOR AND LOCATION OF FIELD OFFICES, WHICH MAY INCLUDE, IF SPACE
13 IS AVAILABLE, LOCATION WITHIN THE CURRENT REGIONAL OFFICES OF
14 THE OFFICE OF ATTORNEY GENERAL OR THE PENNSYLVANIA HUMAN
15 RELATIONS COMMISSION. THE MANUFACTURED HOUSING OMBUDSMAN FIELD
16 OFFICES WILL, HOWEVER, MAINTAIN THEIR SEPARATENESS FROM THE
17 OFFICE OF ATTORNEY GENERAL AND PENNSYLVANIA HUMAN RELATIONS
18 COMMISSION.
19 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN.
20 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED, UNDER THE
21 GOVERNOR'S OFFICE, THE MANUFACTURED HOUSING OMBUDSMAN TO
22 INVESTIGATE AND RESOLVE COMPLAINTS AND DISPUTES INVOLVING
23 MANUFACTURED HOUSING.
24 (B) APPOINTMENT.--THE POSITION OF OMBUDSMAN SHALL BE A FULL-
25 TIME POSITION. THE OMBUDSMAN SHALL BE APPOINTED BY THE BOARD.
26 (C) COMPENSATION.--THE COMPENSATION OF THE OMBUDSMAN SHALL
27 BE FIXED BY THE BOARD BUT IN NO CASE SHALL IT EXCEED THE AVERAGE
28 ANNUAL COMPENSATION PAID TO ALL CABINET SECRETARIES.
29 (D) POWERS AND DUTIES.--THE OMBUDSMAN SHALL HAVE THE
30 FOLLOWING POWERS AND DUTIES:
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1 (1) (I) TO INVESTIGATE AND RESOLVE COMPLAINTS AND
2 DISPUTES BETWEEN RESIDENTS AND COMMUNITY OWNERS RELATED
3 TO MANUFACTURED HOUSING CONCERNING THE FOLLOWING:
4 (A) DISPUTES OVER THE INTERPRETATION OF
5 PROVISIONS CONTAINED IN THE ACT OF NOVEMBER 24, 1976
6 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME PARK
7 RIGHTS ACT.
8 (B) DISPUTES OVER THE APPROVAL OF A PROSPECTIVE
9 PURCHASER OF AN EXISTING MANUFACTURED HOME OWNED BY A
10 RESIDENT.
11 (C) THE REASONABLENESS OF RULES AND REGULATIONS
12 PROMULGATED BY MANUFACTURED HOUSING COMMUNITY OWNERS
13 PURSUANT TO THE MOBILE HOME PARK RIGHTS ACT.
14 (D) ENVIRONMENTAL CONCERNS, INCLUDING, BUT NOT
15 LIMITED TO, THE PROVISION OF SAFE DRINKING WATER AND
16 PROPER SEWAGE DISPOSAL.
17 (E) INTERPRETATION OF PROVISIONS OF LEASE
18 AGREEMENTS.
19 (F) THE REASONABLENESS OF PROPOSED RENT
20 INCREASES.
21 (G) THE REASONABLENESS OF PENDING EVICTION
22 PROCEDURES.
23 (II) THE DECISION OF THE OMBUDSMAN SHALL BE FINAL
24 AND BINDING ON ALL PARTIES UNLESS APPEALED TO THE BOARD
25 AS PROVIDED FOR IN SECTION 7. ONCE AN INVESTIGATION HAS
26 BEEN INITIATED BY THE OMBUDSMAN CONCERNING A COMPLAINT
27 FILED, ANY RENT INCREASE, PROPOSED RULE OR REGULATION OR
28 EVICTION PROCEEDING SHALL BE STAYED PENDING A FINAL
29 DECISION BY THE OMBUDSMAN WHICH SHALL OCCUR WITHIN A 90-
30 DAY PERIOD. IF A RENT INCREASE IS DETERMINED TO BE
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1 UNREASONABLE BY THE OMBUDSMAN, WHICH DECISION SHALL OCCUR
2 WITHIN 90 DAYS FOLLOWING RECEIPT OF THE COMPLAINT, THE
3 OWNER OF THE MANUFACTURED HOUSING COMMUNITY SHALL REFUND
4 TO EACH RESIDENT AFFECTED THE INCREASED AMOUNT PAID WHICH
5 WAS DETERMINED TO BE UNREASONABLE, OR CREDIT THE RESIDENT
6 WITH AN EQUAL AMOUNT OF THE RENT DUE WITHIN 90 DAYS.
7 SHOULD THE DECISION BE APPEALED TO THE BOARD, THE BOARD
8 SHALL MAKE A FINAL DECISION WITHIN 60 DAYS AFTER THE
9 APPEAL HAS BEEN RECEIVED BY THE BOARD. COPIES OF ALL
10 DECISIONS OF THE OMBUDSMAN SHALL BE FORWARDED TO THE
11 OFFICE OF ATTORNEY GENERAL.
12 (III) WHEN MAKING A DETERMINATION AS TO THE
13 REASONABLENESS OF A PROPOSED RENT INCREASE, THE OMBUDSMAN
14 MAY CONSIDER THE FOLLOWING:
15 (A) RENTS CHARGED BY COMPARABLE MANUFACTURED
16 HOUSING COMMUNITIES WITHIN THE SAME COMPETITIVE
17 GEOGRAPHIC AREA.
18 (B) ACTUAL COST DATA RELATIVE TO IMPROVEMENTS
19 MADE OR TO BE MADE TO THE MANUFACTURED HOUSING
20 COMMUNITY WHEN IT IS USED AS A JUSTIFICATION FOR THE
21 PROPOSED RENT INCREASE INCLUDING IMPROVEMENTS TO
22 SEWER AND WATER FACILITIES AND SERVICES.
23 (C) HISTORICAL EVIDENCE OF IMPROVEMENTS MADE TO
24 THAT MANUFACTURED HOUSING COMMUNITY PREVIOUSLY WHEN
25 RENTS WERE INCREASED.
26 (D) EVIDENCE OF FIXED OPERATING EXPENSE
27 INCREASES TO INCLUDE REAL ESTATE TAXES, UTILITY
28 BILLS, INSURANCE, ETC.
29 (2) TO INITIATE ANY LEGAL PROCEEDING BEFORE ANY FEDERAL,
30 STATE OR COUNTY COURT NECESSARY TO PROTECT THE RIGHTS OF
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1 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO
2 REPRESENT THE RESIDENTS AND OR COMMUNITY OWNERS BEFORE THE
3 COURT IN ANY SUCH PROCEEDING.
4 (3) TO INITIATE ANY PROCEEDING BEFORE ANY FEDERAL, STATE
5 OR LOCAL AGENCY NECESSARY TO PROTECT THE RIGHTS OF
6 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO
7 REPRESENT THE RESIDENTS AND/OR COMMUNITY OWNERS IN ANY SUCH
8 PROCEEDINGS.
9 (4) (I) TO DISSEMINATE NECESSARY INFORMATION TO THE
10 PUBLIC CONCERNING INFORMATION THEY SHOULD REVIEW PRIOR TO
11 THE PURCHASE OF MANUFACTURED HOUSING OR LEASING SPACE IN
12 A MANUFACTURED COMMUNITY. THIS SHALL INCLUDE, BUT SHALL
13 NOT BE LIMITED TO, THE PREPARATION OF A BRIEF STATEMENT
14 TITLED "IMPORTANT INFORMATION FOR A PROSPECTIVE PURCHASER
15 OF MANUFACTURED HOUSING OR LESSEE IN MANUFACTURED HOUSING
16 COMMUNITY." FOLLOWING THE TITLE SHALL APPEAR A BRIEF
17 SUMMARY OF THE KEY FACTS OF WHICH ANYONE CONTEMPLATING
18 PURCHASING A MANUFACTURED HOME OR LEASING SPACE IN A
19 MANUFACTURED HOUSING COMMUNITY SHOULD BE AWARE. THE
20 NOTICE, INCLUDING THE TITLE, SHALL BE IN TEN-POINT
21 BOLDFACE PRINT AND SIGNS AND VISUAL SYMBOLS SHALL BE USED
22 AS APPROPRIATE TO FACILITATE THE UNDERSTANDING OF THE
23 INFORMATION BY READERS. A COPY OF THE STATEMENT SHALL BE
24 PROVIDED BY:
25 (A) MANUFACTURED HOUSING DEALERS OR OTHERS
26 LICENSED IN THIS COMMONWEALTH UNDER THE ACT OF
27 DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN AS THE
28 BOARD OF VEHICLES ACT, TO A PROSPECTIVE PURCHASER OF
29 A NEW MANUFACTURED HOME AT THE TIME OF PURCHASE.
30 (B) ANYONE LICENSED UNDER THE BOARD OF VEHICLES
19930H0617B2137 - 21 -
1 ACT, OR ANY REAL ESTATE SALESPERSON OR BROKER
2 LICENSED UNDER THE ACT OF FEBRUARY 19, 1980 (P.L.15,
3 NO.9), KNOWN AS THE REAL ESTATE LICENSING AND
4 REGISTRATION ACT, TO A PROSPECTIVE PURCHASER OF A
5 PRE-OWNED MANUFACTURED HOME AT THE TIME THE PURCHASER
6 SIGNS AN AGREEMENT OF SALE.
7 (C) MANUFACTURED HOUSING COMMUNITY OWNERS OR
8 MANAGERS, TO A PROSPECTIVE LESSEE AT LEAST 48 HOURS
9 BEFORE THE LESSEE SIGNS A LEASE FOR SPACE IN A
10 MANUFACTURED HOUSING COMMUNITY OPERATED IN THIS
11 COMMONWEALTH.
12 (II) THE OMBUDSMAN SHALL, WITHIN 90 DAYS OF THE
13 EFFECTIVE DATE OF THIS ACT, FORWARD A COPY OF THE
14 STATEMENT UNDER SUBPARAGRAPH (I) TO ANYONE LICENSED TO
15 SELL MANUFACTURED HOUSING IN THIS COMMONWEALTH, AS WELL
16 AS TO ALL OWNERS OR MANAGERS OF MANUFACTURED HOUSING
17 COMMUNITIES, ALONG WITH A COPY OF THIS ACT AND A NOTICE
18 OF THEIR RESPONSIBILITIES PURSUANT TO THIS SECTION.
19 FAILURE TO RECEIVE A COPY OF THIS ACT AND NOTIFICATION
20 FROM THE OMBUDSMAN, AS REQUIRED BY THIS SECTION, SHALL
21 NOT RELIEVE ANYONE OF HIS RESPONSIBILITIES UNDER THIS
22 SECTION.
23 (5) TO EDUCATE THE PUBLIC CONCERNING THE POWERS AND
24 DUTIES OF THE OMBUDSMAN AND THE SERVICES AVAILABLE.
25 (E) STAFF.--THE OMBUDSMAN SHALL WORK CLOSELY AND
26 COOPERATIVELY WITH THE OFFICE OF ATTORNEY GENERAL, AND, IN
27 ADDITION TO STAFF SUPPORT FROM THE OFFICE OF GENERAL COUNSEL,
28 THE HUMAN RELATIONS COMMISSION AND OTHER APPROPRIATE STATE
29 AGENCIES, INCLUDING THE OFFICE OF ATTORNEY GENERAL, THE BOARD
30 MAY APPOINT ATTORNEYS AS ASSISTANTS AND SUCH ADDITIONAL
19930H0617B2137 - 22 -
1 CLERICAL, TECHNICAL AND PROFESSIONAL STAFF AS MAY BE APPROPRIATE
2 AND MAY CONTRACT FOR SUCH ADDITIONAL SERVICES AS ARE NECESSARY
3 TO IMPLEMENT THE PROVISIONS OF THIS ACT. THE COMPENSATION OF
4 ASSISTANTS AND CLERICAL, TECHNICAL AND PROFESSIONAL STAFF SHALL
5 BE SET BY THE BOARD. AN ASSISTANT OR OTHER STAFF EMPLOYEE SHALL
6 NOT, WHILE SERVING IN SUCH POSITION, ENGAGE IN ANY BUSINESS,
7 VOCATION OR OTHER EMPLOYMENT INVOLVING MANUFACTURED HOUSING OR
8 HAVE OTHER INTERESTS INVOLVING MANUFACTURED HOUSING INCONSISTENT
9 WITH HIS OFFICIAL RESPONSIBILITIES.
10 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN.
11 (A) GENERAL RULE.--A PERSON WHO RENTS OR OWNS MANUFACTURED
12 HOUSING WHICH IS LOCATED ON LAND IN A MANUFACTURED HOUSING
13 COMMUNITY FOR WHICH A GROUND RENTAL FEE IS PAID, OR ANY OWNER OR
14 MANAGER OF A MANUFACTURED HOUSING COMMUNITY, MAY CONTACT THE
15 OMBUDSMAN TO INVESTIGATE HIS COMPLAINT.
16 (B) COMPLAINT FORM.--THE OMBUDSMAN SHALL PREPARE A
17 STANDARDIZED COMPLAINT FORM TO BE USED BY AN INDIVIDUAL OR GROUP
18 OF INDIVIDUALS FILING A COMPLAINT. THERE SHALL BE NO CHARGE TO
19 FILE A COMPLAINT WITH THE OMBUDSMAN. THE FORM SHALL INCLUDE, BUT
20 SHALL NOT BE LIMITED TO:
21 (1) A LIST OF THE COMPLAINTS.
22 (2) THE NOTARIZED SIGNATURE OF THE INDIVIDUAL OR
23 INDIVIDUALS FILING THE COMPLAINT.
24 (3) THE ADDRESS AND TELEPHONE NUMBER OF THE INDIVIDUAL
25 OR INDIVIDUALS FILING THE COMPLAINT.
26 (4) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ALL
27 PARTIES INVOLVED IN THE COMPLAINT.
28 (C) RESPONSE.--ON RECEIPT OF THE COMPLAINT FORM, THE
29 OMBUDSMAN SHALL SEND TO THE NAMED RESPONDENT, BY CERTIFIED MAIL,
30 A COPY OF THE COMPLAINT, ALONG WITH A NOTICE THAT A RESPONSE IS
19930H0617B2137 - 23 -
1 REQUIRED SHOWING CAUSE, IF ANY, WHY THE COMPLAINT SHOULD BE
2 DISMISSED.
3 (D) REVIEW.--AFTER REVIEWING THE COMPLAINT AND RESPONSE, THE
4 OMBUDSMAN OR HIS STAFF SHALL PROMPTLY INVESTIGATE THE COMPLAINT,
5 INCLUDING COMPLAINTS INVOLVING PROPOSED RENT INCREASES, AND TRY
6 TO MEDIATE THE DISPUTE. THE OMBUDSMAN SHALL RENDER A DECISION ON
7 ALL COMPLAINTS FILED WITHIN 30 DAYS OF RECEIPT OF THE COMPLAINT.
8 (E) DECISION OF OMBUDSMAN.--
9 (1) THE OMBUDSMAN, AFTER THE INVESTIGATION OF A
10 COMPLAINT, MAY DETERMINE THAT THERE IS NO FACTUAL BASIS TO
11 SUPPORT THE COMPLAINT AND SHALL SO NOTIFY ALL PARTIES.
12 (2) IF A COMPLAINT IS SUBSTANTIATED, THE OMBUDSMAN MAY
13 MAKE A RECOMMENDATION, WITH RESPECT TO RESOLVING THE DISPUTE,
14 TO WHICH ALL PARTIES MAY VOLUNTARILY AGREE.
15 (3) IN THE ABSENCE OF THE VOLUNTARY ACCEPTANCE OF THE
16 RECOMMENDATIONS OF THE OMBUDSMAN BY ALL PARTIES TO RESOLVE A
17 DISPUTE WHEN A COMPLAINT IS SUBSTANTIATED, THE OMBUDSMAN
18 SHALL ISSUE AN ORDER SETTING FORTH THE APPROPRIATE ACTIONS TO
19 BE TAKEN BY ALL PARTIES TO THE DISPUTE. THIS ORDER SHALL HAVE
20 THE EFFECT OF LAW, AND THE OMBUDSMAN MAY GO TO COURT TO
21 ENFORCE THE ORDER, PROVIDED THE ORDER IS NOT OVERTURNED BY
22 THE BOARD ON APPEAL.
23 (F) APPEAL TO BOARD.--IF AGGRIEVED BY THE DECISION OF THE
24 OMBUDSMAN, THE INDIVIDUAL OR INDIVIDUALS FILING THE COMPLAINT,
25 OR THE RESPONDENT, MAY APPEAL THE ORDER OF THE OMBUDSMAN TO THE
26 BOARD. IN THE CASE OF A COMPLAINT INVOLVING A PROPOSED RENT
27 INCREASE, THE BOARD SHALL HEAR THE CASE WITHIN 30 DAYS OF
28 RECEIPT OF THE PETITION FOR A HEARING.
29 SECTION 7. PETITION FOR HEARING.
30 (A) FORM.--THE OMBUDSMAN SHALL PREPARE A STANDARDIZED
19930H0617B2137 - 24 -
1 PETITION FORM TO BE USED BY AN INDIVIDUAL OR INDIVIDUALS WHO
2 WISH TO APPEAL AN ORDER OF THE OMBUDSMAN TO THE BOARD.
3 (B) FEE.--A FILING FEE OF $200 SHALL ACCOMPANY EACH PETITION
4 FILED WITH THE OMBUDSMAN FOR A HEARING BEFORE THE BOARD. IF THE
5 BOARD FINDS IN FAVOR OF THE ORIGINAL PARTY OR PARTIES FILING THE
6 COMPLAINT, THE RESPONDENT SHALL BE RESPONSIBLE FOR THE PAYMENT
7 OF THE REQUIRED $200 FILING FEE.
8 SECTION 8. HEARING PROCEDURE BEFORE BOARD.
9 (A) GENERAL RULE.--UPON RECEIVING A PETITION FOR A HEARING
10 AND THE ACCOMPANYING FILING FEE, THE CHAIRMAN OF THE BOARD SHALL
11 SET A TIME AND PLACE FOR A HEARING AND SHALL GIVE THE PARTIES
12 REASONABLE NOTICE OF THE DATE, TIME AND LOCATION OF THE HEARING.
13 A NOTICE OF EACH HEARING SHALL ALSO BE PROVIDED TO THE OFFICE OF
14 ATTORNEY GENERAL.
15 (B) PROCEEDINGS.--ALL HEARINGS SHALL BE CONDUCTED UNDER 2
16 PA.C.S. CH. 5 (RELATING TO PRACTICE AND PROCEDURE). EITHER PARTY
17 TO A HEARING MAY PRESENT WITNESSES ON HIS BEHALF, IN PERSON OR
18 BY DEPOSITION, ON MAKING A REQUEST TO THE BOARD AND DESIGNATING
19 THE PERSON OR PERSONS, AS WELL AS RECORDS AND PAPERS, REQUESTED
20 TO BE SUBPOENAED, AND MAY REQUEST THAT A WRITTEN TRANSCRIPT OF
21 THE HEARING BE TAKEN AND MADE UPON PAYMENT OF THE COST OF THE
22 TRANSCRIPT. SUBPOENAS MAY BE ENFORCED IN COMMONWEALTH COURT,
23 WHICH, AFTER A HEARING, MAY JUDGE IN CONTEMPT OR MAKE ANOTHER
24 APPROPRIATE ORDER. FOR THE PURPOSE OF THE HEARING, THE BOARD HAS
25 THE POWERS VESTED IN THE OFFICERS BY SECTION 502 OF THE ACT OF
26 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
27 CODE OF 1929, WHICH SECURES THE POWER TO INSPECT, EXAMINE,
28 SECURE DATA OR INFORMATION OR PROCURE ASSISTANCE FROM ANY
29 DEPARTMENT, BOARD OR COMMITTEE. THE BOARD MAY CAUSE THE
30 DEPOSITION OF WITNESSES IN OR OUTSIDE OF THIS COMMONWEALTH TO BE
19930H0617B2137 - 25 -
1 TAKEN AS PRESCRIBED BY LAW FOR DEPOSITIONS IN CIVIL CASES.
2 (C) INSPECTION.--EITHER PARTY OR HIS AUTHORIZED AGENT MAY
3 INSPECT ANY FILE THAT PERTAINS TO THE HEARING IF SUCH
4 AUTHORIZATION IS FILED IN WRITING WITH THE OMBUDSMAN.
5 (D) DECISION.--THE BOARD SHALL RENDER A DECISION BASED ON
6 EVIDENCE GIVEN WITHIN SEVEN CALENDAR DAYS OF THE HEARING, AND
7 THE DECISION OF THE BOARD SHALL BE FINAL AND BINDING ON ALL
8 PARTIES UNLESS APPEALED TO THE COMMONWEALTH COURT AS PROVIDED
9 FOR BY SECTION 9. A COPY OF EACH DECISION SHALL BE FORWARDED TO
10 THE OFFICE OF ATTORNEY GENERAL.
11 SECTION 9. APPEAL.
12 WITHIN 20 DAYS AFTER SERVICE OF NOTICE OF THE DECISION OF THE
13 BOARD, A PERSON AGGRIEVED BY A DECISION OF THE BOARD MAY APPLY
14 FOR AN APPEAL IN COMMONWEALTH COURT.
15 SECTION 10. PUBLIC ACCESS.
16 THERE SHALL BE A TOLL-FREE TELEPHONE NUMBER ESTABLISHED BY
17 THE OMBUDSMAN FOR PUBLIC USE REGARDING INQUIRIES ON THE SERVICES
18 AVAILABLE FROM THE OMBUDSMAN, INCLUDING, BUT NOT LIMITED TO, THE
19 PROCEDURES FOR FILING A COMPLAINT AND MAKING AN APPEAL TO THE
20 BOARD. THIS TELEPHONE NUMBER SHALL BE INCLUDED ON ALL
21 INFORMATION REQUIRED TO BE GIVEN TO THE PUBLIC UNDER SECTION
22 5(4)(I).
23 SECTION 11. RESIDENT NOTIFICATION.
24 IT SHALL BE THE RESPONSIBILITY OF EVERY OWNER OF A
25 MANUFACTURED HOUSING COMMUNITY, WITHIN 30 DAYS OF THE EFFECTIVE
26 DATE OF THIS ACT, TO PROVIDE EACH RESIDENT OF THE MANUFACTURED
27 HOUSING COMMUNITY WITH A COPY OF THIS ACT AND THE INFORMATION
28 REQUIRED TO BE GIVEN UNDER SECTION 5(4)(I) AND TO MAINTAIN ONE
29 COPY OF THIS ACT AT A CONVENIENT LOCATION WITHIN THE COMMUNITY
30 FOR REVIEW BY RESIDENTS. IN ADDITION, ALL LESSEES IN THE
19930H0617B2137 - 26 -
1 COMMUNITY SHALL BE PROVIDED WITH A COPY OF THIS ACT AND THE
2 INFORMATION REQUIRED TO BE GIVEN UNDER SECTION 5(4)(I) BY THE
3 OWNERS OF THE MANUFACTURED HOUSING COMMUNITY AT LEAST 48 HOURS
4 BEFORE A LESSEE SIGNS A LEASE. AT THE TIME OF THE SIGNING OF THE
5 LEASE, THE LESSOR SHALL PROVIDE SIGNED NOTICE THAT HE OR SHE HAS
6 GIVEN ALL OF THE INFORMATION UNDER THIS SECTION WHICH SHALL BE
7 ACKNOWLEDGED IN WRITING BY THE LESSEE, AND A COPY OF THIS
8 WRITTEN NOTIFICATION SHALL BE GIVEN TO THE LESSEE BY THE LESSOR.
9 SECTION 12. RESTRICTED ACCOUNT.
10 THERE IS HEREBY ESTABLISHED WITHIN THE STATE TREASURY A
11 RESTRICTED ACCOUNT, INTO WHICH SHALL BE DEPOSITED ALL ANNUAL
12 MANUFACTURED HOUSING COMMUNITY REGISTRATION FEES COLLECTED BY
13 THE DEPARTMENT OF COMMUNITY AFFAIRS, ANY APPROPRIATION AND ALL
14 FEES PAID TO THE BOARD. THE MONEYS IN THIS ACCOUNT ARE
15 APPROPRIATED FOR THE OPERATION OF THE OMBUDSMAN AND THE BOARD IN
16 SUCH AMOUNTS AS THE GENERAL ASSEMBLY MAY DESIGNATE. THESE MONEYS
17 MAY BE USED ONLY FOR THIS PURPOSE.
18 SECTION 13. CONSTRUCTION OF ACT.
19 NOTHING IN THIS ACT SHALL BE CONSTRUED TO CONTRADICT OR
20 INTERFERE WITH THE RIGHTS OF CONSUMERS AS PROVIDED FOR BY THE
21 ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
22 TRADE PRACTICES AND CONSUMER PROTECTION LAW.
23 SECTION 14. FUNDING.
24 THE FUNDING OF THE OPERATION OF THE OFFICE OF THE
25 MANUFACTURED HOUSING OMBUDSMAN AND THE MANUFACTURED HOUSING
26 HEARING BOARD PROVIDED FOR BY THIS ACT SHALL BE PROVIDED BY THE
27 ANNUAL FILING FEES REQUIRED TO ACCOMPANY THE ANNUAL REGISTRATION
28 OF MANUFACTURED HOUSING COMMUNITIES IN THIS COMMONWEALTH.
29 SECTION 15. EFFECTIVE DATE.
30 THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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