PRINTER'S NO. 2097
No. 1719 Session of 1989
INTRODUCED BY BATTISTO, GODSHALL, MORRIS, McCALL, NOYE,
CORRIGAN, J. L. WRIGHT, CLYMER, VEON, PESCI, MELIO,
TANGRETTI, ROBINSON, ACOSTA, GIGLIOTTI, YANDRISEVITS,
E. Z. TAYLOR, J. TAYLOR, PISTELLA, TRELLO, VROON,
D. W. SNYDER, STISH, DeLUCA, STABACK, BARLEY, JOSEPHS,
BISHOP, SAURMAN, CIVERA, BELARDI AND GAMBLE, JUNE 19, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 19, 1989
AN ACT
1 Amending the act of November 24, 1976 (P.L.1176, No.261),
2 entitled "An act providing for the rights and duties of
3 mobile home owners or operators and mobile home residents,"
4 further providing for evictions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2 of the act of November 24, 1976
8 (P.L.1176, No.261), known as the Mobile Home Park Rights Act, is
9 amended by adding definitions to read:
10 Section 2. Definitions.--As used in this act:
11 "Blind" means having 3/60 or 2/100, or less, normal vision.
12 "Disabled" means having a mental or physical condition which,
13 as certified by a licensed practitioner of the healing arts,
14 impedes the performance of activities essential to normal
15 living.
16 * * *
17 "Protected resident" means a mobile home resident who:
1 (1) is blind or disabled;
2 (2) is 62 years of age or older; and
3 (3) has been a mobile home resident for the immediately
4 preceding two years.
5 * * *
6 Section 2. Section 3 of the act is amended to read:
7 Section 3. Evictions.--(a) A mobile home resident shall
8 only be evicted for any of the following reasons:
9 (1) Nonpayment of rent.
10 (2) A second or subsequent violation of the rules of the
11 mobile home park occurring within a six-month period.
12 (3) If there is a change in use of the park land or parts
13 thereof.
14 (4) Termination of mobile home park.
15 (b) A mobile home resident shall only be evicted in
16 accordance with the following procedure:
17 (1) A resident shall not be evicted by any self-help
18 measure.
19 (2) Prior to the commencement of any eviction proceeding,
20 the mobile home park owner shall notify the mobile home park
21 resident in writing of the particular breach or violation of the
22 lease or park rules by certified or registered mail.
23 (i) In the case of nonpayment of rent, the notice shall
24 state that an eviction proceeding may be commenced if the mobile
25 home resident does not pay the overdue rent within 20 days from
26 the date of service if the notice is given on or after April 1
27 and before September 1, and 30 days if given on or after
28 September 1 and before April 1 or an additional nonpayment of
29 rent occurring within six months of the giving of the notice may
30 result in immediate eviction proceedings.
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1 (ii) In the case of a breach of the lease or violation of
2 the park rules, other than nonpayment of rent, the notice shall
3 describe the particular breach or violation. No eviction action
4 shall be commenced unless the mobile home park resident has been
5 notified as required by this section, and upon a second or
6 subsequent violation or breach occurring within six months, the
7 mobile home park owner may commence eviction proceedings at any
8 time within 60 days of the last violation or breach.
9 (3) Prior to the commencement of any eviction proceeding due
10 to a change in use of the park land or due to the termination of
11 the mobile home park, the owner or operator of a mobile home
12 park shall give notice of change in land use or termination of
13 the mobile home park to the mobile home resident in writing at
14 least one year before the owner or operator of a mobile home
15 park will require the mobile home resident to vacate a mobile
16 home space.
17 (i) The notice of change in use of park land or termination
18 of the mobile home park shall set forth generally the rights of
19 mobile home residents under this act, including paragraph (4),
20 and shall be mailed by prepaid registered mail, return-receipt
21 requested, to the mobile home resident. No mobile home resident
22 may be required by the owner or operator of the mobile home park
23 to vacate upon less than one year's notice, except by reason of
24 nonpayment of rent, waste or conduct that disturbs other
25 residents' peaceful enjoyment of the mobile home park and that
26 is in violation of this act. Eviction shall be in accordance
27 with this act, and the terms of the residents may not be altered
28 during the notice period. Failure of the mobile home park owner
29 or operator to give notice as required by this paragraph shall
30 be a defense to an action for possession of the mobile home
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1 space.
2 (ii) At least 30 days before the notice of change in use of
3 park land or termination of the mobile home park is given, the
4 mobile home park owner or operator shall hold a mobile home
5 residents' meeting, open to the public, in the municipality
6 where the mobile home park is located, at a place and time
7 convenient to the mobile home residents who may be directly
8 affected by the proposed change or termination.
9 (4) Notwithstanding the provisions of paragraph (3), a
10 protected resident, upon furnishing proof of status as a
11 protected resident to the owner or operator of the mobile home
12 park within 30 days of receipt of notice under paragraph (3),
13 shall be entitled to remain in possession of the mobile home
14 space for two years following the date of notice under paragraph
15 (3), notwithstanding a prior termination date in the lease,
16 except by reason of nonpayment of rent, waste or conduct that
17 disturbs other residents' peaceful enjoyment of the mobile home
18 park and that is in violation of this act. Eviction shall be in
19 accordance with this act, and the terms of the resident's lease
20 may not be altered during the time period between the date on
21 which the resident's lease would otherwise terminate and the
22 expiration of this two-year period. The provisions of this
23 paragraph give rise to a defense to an action for possession of
24 a mobile home space.
25 (c) A mobile home resident shall not be evicted when there
26 is proof that the rules he is accused of violating are not
27 enforced with respect to the other mobile home residents or
28 nonresidents on the park premises.
29 (d) Nothing in this section permits termination of a lease
30 by an owner or operator of a mobile home park in violation of
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1 its terms.
2 (e) Nothing in this act or in any lease shall prohibit a
3 mobile home resident, after receiving notice under subsection
4 (b)(3), from terminating a lease without liability for
5 termination if the mobile home resident gives the owner or
6 operator of the mobile home park 90 days' written notice of the
7 intent to terminate the lease.
8 (f) Where there is a proposed change in use of park land or
9 proposed termination of the mobile home park, the owner or
10 operator of the mobile home park may not engage in activity
11 which would coerce the resident into terminating any lease,
12 including, but not limited to, stampeding, harassing residents
13 or withholding normal services or repairs. A clean pattern of
14 exploitive and harassing actions by the owner or operator of a
15 mobilehome park shall give rise to a rebuttable presumption of a
16 violation of this subsection. The following are examples of a
17 clear pattern of exploitive and harassing action:
18 (1) Successive rent increases.
19 (2) Withholding normal services or repairs.
20 (3) Failure to attend to persistent disrepair or roads.
21 Section 3. This act shall take effect in 60 days.
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