PRIOR PRINTER'S NO. 914 PRINTER'S NO. 2174
No. 851 Session of 1993
INTRODUCED BY D. R. WRIGHT, DeWEESE, VEON, ROONEY, DeLUCA,
BELFANTI, TRELLO, ARGALL, PISTELLA, VAN HORNE AND STABACK,
MARCH 22, 1993
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 16, 1993
AN ACT
1 Providing for dispute reconciliation in manufactured housing
2 communities; establishing the Manufactured Housing Community
3 Commission and providing for its powers and duties;
4 conferring powers and duties on the Department of Community
5 Affairs; imposing fees on manufacturing housing communities;
6 and making an appropriation. ESTABLISHING THE MANUFACTURED <--
7 HOUSING FUND; AND IMPOSING DUTIES ON THE LEGISLATIVE
8 REFERENCE BUREAU.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Manufactured
13 Housing Community Commission Act.
14 Section 2. Legislative findings and purposes.
15 The General Assembly finds and declares as follows:
16 (1) The relationship between manufactured housing
17 communities and residents of the communities requires
18 conciliation and mediation.
19 (2) Because of the unique nature of manufactured housing
20 and because disputes between residents and communities arise,
1 it is necessary to create a manufactured housing community
2 commission and designate an executive director to attempt to
3 resolve such disputes.
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Bureau." The Bureau of Consumer Protection in the Office of
9 Attorney General.
10 "Commission." The Manufactured Housing Community Commission
11 established in section 4.
12 "Department." The Department of Community Affairs of the
13 Commonwealth.
14 "Executive director." The executive director of the
15 Manufactured Housing Community Commission.
16 "FUND." THE MANUFACTURED HOUSING FUND ESTABLISHED IN SECTION <--
17 11.
18 "Manufactured home." A structure, transportable in one or
19 more sections, which, meets all of the following:
20 (1) Is built on a permanent chassis.
21 (2) Is designed to be used as a dwelling, with or
22 without a permanent foundation, when connected to the
23 required utilities.
24 (3) Either:
25 (i) is, in the traveling mode, eight body feet or
26 more in width and 40 body feet or more in length and is,
27 when erected on site, is 320 or more square feet; or
28 (ii) has on file a certification required by the
29 United States Department of Housing and Urban Development
30 and complies with the act of November 17, 1982 (P.L.676,
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1 No.192), known as the Manufactured Housing Construction
2 and Safety Standards Authorization Act.
3 The term includes the plumbing, heating, air conditioning and
4 electrical systems contained in the structure.
5 "Manufactured housing community." A site, lot, field or
6 tract of land upon which ten or more manufactured homes are or
7 are intended to be located, regardless of whether or not a
8 charge is made for the accommodation.
9 "Manufactured housing resident." An owner of a manufactured
10 home who leases or rents a manufactured housing site. The term
11 does not include a person who rents or leases a manufactured
12 home.
13 "Manufactured housing site." A plot of ground within a
14 manufactured housing community designed for the accommodation of
15 one manufactured home.
16 Section 4. Commission.
17 (a) Establishment.--There is created the Manufactured
18 Housing Community Commission as a departmental administrative
19 board in the department. The commission shall consist of ten
20 members, one of whom shall be the director of the bureau, and
21 one of whom shall be the Secretary of Community Affairs. The
22 remaining members must be residents of this Commonwealth for a
23 five-year period immediately prior to appointment. Four members
24 must be professional members who are owners, operators or
25 managers of manufactured housing communities and who have been
26 actively engaged in that business for a period of at least five
27 years immediately preceding the appointment. Four members must
28 be public members who are owners of manufactured homes and who
29 have been residents of manufactured housing communities for a
30 period of at least five years immediately preceding the
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1 appointment. No two professional or public members may be from
2 the same community or from communities under common control. The
3 commission shall be appointed by the Governor subject to the
4 consent of a majority of the members elected to the Senate. One
5 public and one professional member shall be recommended by the
6 President pro tempore of the Senate, one professional and one
7 public member shall be recommended by the Minority Leader of the
8 Senate, one professional and one public member shall be
9 recommended by the Speaker of the House of Representatives and
10 one professional and one public member shall be recommended by
11 the Minority Leader of the House of Representatives.
12 (b) Term of office.--The professional and public members
13 shall serve four-year terms except as provided in subsection
14 (c).
15 (c) Initial appointments.--Within 90 days of the effective
16 date of this act, from the recommendations submitted under
17 subsection (a), the Governor shall nominate one professional and
18 one public member to serve four-year terms, one professional and
19 one public member to serve three-year terms, one professional
20 and one public member to serve two-year terms and one
21 professional and one public member to serve one-year terms.
22 (d) Continuation in office.--Each professional and public
23 member shall continue in office until a successor is appointed
24 and qualified but not longer than six months after the
25 expiration of the term. If a member dies, resigns or becomes
26 disqualified during the term of office, a successor shall be
27 appointed in the same way and with the same qualifications as
28 set forth in this section and shall hold office for the
29 unexpired portion of the term.
30 (e) Limit on terms.--No professional or public member shall
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1 be eligible for appointment to serve more than two consecutive
2 four-year terms.
3 (f) Forfeiture of membership.--A professional or public
4 member who fails to attend three consecutive meetings shall
5 forfeit membership unless the chairperson, upon written request
6 from the member, finds that the member should be excused from a
7 meeting because of illness or the death of a family member.
8 (g) Compensation.--Each professional and public member shall
9 receive per diem compensation at the rate of $60 when actually
10 attending to the work of the commission. Members shall also
11 receive reasonable travel, hotel and other necessary expenses
12 incurred in the performance of their duties in accordance with
13 management directives on travel and subsistence.
14 (h) Quorum.--A majority of the members of the commission
15 constitutes a quorum. A member may not be counted as part of a
16 quorum or vote on any issue unless the member is physically in
17 attendance at the meeting.
18 (i) Meeting.--The commission shall meet at least four times
19 a year in Harrisburg. It may meet more often either in
20 Harrisburg or at other locations in this Commonwealth.
21 (j) Operating procedures.--The commission shall meet within
22 30 days after the appointment of its initial members and set up
23 operating procedures and forms for carrying out the purposes of
24 the act. It shall be the responsibility of the commission to
25 circulate these forms and educate the public on the requirements
26 of this act.
27 (k) Election of officers.--The commission shall elect
28 annually from its membership a chairperson, a vice chairperson
29 and a secretary.
30 Section 5. Powers and duties of commission.
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1 The commission has the following powers and duties:
2 (1) Appoint the executive director and supervise the
3 executive director's responsibilities.
4 (2) Ensure that manufactured housing communities defray
5 the expenses of the commission and biennially renew payment
6 of fees under section 10.
7 (3) Ensure that the executive director investigates,
8 complaints by the bureau, the department or any other person.
9 (4) Administer and enforce and regulations promulgated
10 under this act.
11 (5) Keep records of all proceedings in connection with
12 the resolution of disputes under this act.
13 (6) Promulgate regulations to implement this act.
14 (7) Adopt forms.
15 Section 6. Executive director.
16 (a) Establishment.--The executive director must be an
17 attorney admitted to the bar of the Supreme Court of
18 Pennsylvania. The executive director may not engage in any
19 business, vocation or other employment involving manufactured
20 housing; be a manufactured housing resident; have other
21 interests involving manufactured housing; be a representative of
22 a manufactured housing community or manufactured housing
23 resident; or have any other interest inconsistent with official
24 responsibilities.
25 (b) Appointment.--The position of executive director shall
26 be a full-time position. The executive director shall be
27 appointed by the commission under section 5(1).
28 (c) Compensation.--The compensation of the executive
29 director shall be fixed by the commission.
30 (d) Powers and duties.--The executive director has the power
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1 and duty to investigate and resolve complaints and disputes
2 among manufactured housing residents and owners or operators of
3 manufactured housing communities concerning the following:
4 (1) Disputes over interpretation of the substantive
5 statutory provisions contained in the act of November 24,
6 1976 (P.L.1176, No.261), known as the Mobile Home Park Rights
7 Act.
8 (2) Disputes over the approval of a prospective
9 purchaser of an existing manufactured home owned by a
10 manufactured housing resident if the purchaser desires to
11 have the home remain in the community.
12 (3) The reasonableness of rules and regulations adopted
13 by the manufactured housing community under the Mobile Home
14 Park Rights Act.
15 (4) Disputes over whether or not manufactured housing
16 residents or manufactured housing communities are complying
17 with this act or the Mobile Home Park Rights Act.
18 (e) Staff.--The executive director shall work closely and
19 cooperatively with the bureau and the department. In addition to
20 staff support from one or both of these agencies, the commission
21 may appoint attorneys as assistants and additional clerical,
22 technical and professional staff as appropriate and may contract
23 for additional services necessary to implement this act. The
24 compensation of assistants and clerical, technical and
25 professional staff shall be set by the commission. An assistant
26 or other staff employee may not engage in any business, vocation
27 or other employment involving manufactured housing; be a
28 manufactured housing resident in a manufactured housing
29 community; or have other interests involving manufactured
30 housing inconsistent with official responsibilities.
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1 Section 7. Disputes.
2 (a) Standing.--
3 (1) A manufactured housing community which is aggrieved
4 by an action of a manufactured housing resident alleged to be
5 in violation of this act or the act of November 24, 1976
6 (P.L.1176, No.261), known as the Mobile Home Park Rights Act,
7 or regulations promulgated under either act may file an
8 administrative complaint in accordance with this section.
9 (2) A manufactured housing resident who is aggrieved by
10 an action of a manufactured housing community or a
11 manufactured housing resident alleged to be in violation of
12 this act or the Mobile Home Park Rights Act, or regulations
13 promulgated under either act may file an administrative
14 complaint in accordance with this section.
15 (b) Informal resolution.--Prior to filing a complaint under
16 subsection (c), a prospective complainant must notify the
17 prospective respondent of the problem in writing. Proof of
18 receipt is required. If the problem is not resolved within 30
19 days of receipt of the notice, an action may proceed under
20 subsection (c).
21 (c) Complaint.--A complainant may file a complaint on a form
22 prescribed by the commission. The complaint must be accompanied
23 by a $25 filing fee. The complaint shall contain all of the
24 following information:
25 (1) The action of the respondent which is the subject of
26 the complaint.
27 (2) The notarized signature of the complainant.
28 (3) The address and telephone number of the complainant.
29 (4) The name, address and telephone number of the
30 respondent.
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1 (5) A copy of the notice under subsection (b), with
2 proof of receipt.
3 (d) Response.--On receipt of the complaint, the executive
4 director shall review it for completeness and to determine
5 whether or not the dispute is subject to this act. If it is
6 determined that the dispute is subject to this act, the
7 executive director shall send to the respondent, by certified
8 mail, return receipt requested, a copy of the complaint and a
9 notice that a response is required within 30 days showing cause,
10 if any, why the complaint should be dismissed. If the executive
11 director determines that the dispute is not subject to this act,
12 the executive director shall dismiss the complaint.
13 (e) Resolution.--After reviewing the complaint and the
14 response, the executive director shall within 30 days of receipt
15 of the response, mediate the dispute to the satisfaction of the
16 complainant and the respondent. If the dispute is not resolved,
17 the executive director shall make a recommendation to the
18 commission.
19 (f) Recommendation of executive director.--
20 (1) The executive director may determine that there is
21 no factual basis to support the complaint.
22 (2) If a complaint is substantiated, the executive
23 director may recommend to the commission as to how to resolve
24 the dispute. The executive director shall issue an order
25 setting forth the appropriate action to be taken.
26 (g) Decision by commission.--A decision by the executive
27 director under subsection (f) shall be reviewed by the
28 commission. The commission may, and upon motion of either party,
29 shall, order a hearing. This subsection is subject to 2 Pa.C.S.
30 Ch. 5 Subch. A (relating to practice and procedure of
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1 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
2 review of Commonwealth agency action).
3 (h) Costs.--If the complainant prevails, the complainant may
4 recover the filing fee under subsection (c).
5 Section 8. Public access.
6 There shall be a toll-free telephone number established by
7 the commission for public use regarding inquiries on the
8 services available from the commission.
9 Section 9. Resident notification.
10 Any manufactured housing community, within 30 days of the
11 effective date of this section, shall make available to its
12 manufactured housing residents a copy of this act and shall
13 maintain a copy of this act at a convenient location within the
14 manufactured housing community. A new manufactured housing
15 resident shall be provided with a copy of this act by the
16 manufactured housing community at the time the residence begins.
17 Section 10. Fees.
18 (a) Imposition and increase.--All fees established under
19 this act shall be fixed by the commission by regulation. The
20 fees for each manufactured housing community shall be $1 per
21 site, with a minimum fee of $50 per manufactured housing
22 community and a maximum of $300 per manufactured housing
23 community. If the revenues raised by fees imposed under this act
24 are not sufficient to meet expenditures over a two-year period,
25 the commission shall increase those fees so that the projected
26 revenues will meet or exceed projected expenditures.
27 (b) Additional increases.--If the department determines that
28 the fees established by the commission under subsection (a) are
29 inadequate to meet the minimum enforcement efforts required by
30 this act, then the department, after consultation with the
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1 commission shall increase the fees by regulation in an amount to
2 insure that adequate revenues are raised to meet the required
3 enforcement effort.
4 (c) Enforcement of fees.--If a manufactured housing
5 community does not pay a fee under this section, the commission
6 shall send by certified mail an order to pay the fee within 30
7 days of the date of the order. Upon failure to respond to the
8 order, the commission shall order the manufactured housing
9 residents of that community to pay their rent directly to the
10 commission. Rents so paid shall be placed in a separate escrow
11 account. Within 30 days of the date when fees required by this
12 act are paid, the money in escrow shall be released and paid
13 over to the manufactured housing community.
14 Section 11. Appropriation. <--
15 The sum of $500,000, or as much thereof as may be necessary,
16 is hereby appropriated to the Department of Community Affairs
17 for the payment of costs of the operation of the Manufactured
18 Housing Community Commission and for other general costs of the
19 commission relating to this act. This appropriation shall be
20 repaid by the commission to the General Fund within one year of
21 the effective date of this section.
22 SECTION 11. FUND. <--
23 (A) ESTABLISHMENT.--THE MANUFACTURED HOUSING FUND IS
24 ESTABLISHED AS A SPECIAL FUND IN THE STATE TREASURY.
25 (B) SOURCE.--THE SOURCE OF THE FUND SHALL BE FEES UNDER
26 SECTIONS 7(C) AND 10.
27 (C) ADMINISTRATION.--THE COMMISSION SHALL ADMINISTER THE
28 FUND TO IMPLEMENT THIS ACT. WHEN THE COMMISSION DETERMINES THAT
29 THE FUND CONTAINS SUFFICIENT MONEY TO BEGIN COMPLETE
30 IMPLEMENTATION OF THIS ACT, IT SHALL TRANSMIT NOTICE OF THAT
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1 FACT TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE
2 PENNSYLVANIA BULLETIN.
3 Section 12. Effective date.
4 This act shall take effect as follows:
5 (1) Sections 7 through 10 9 of this act shall take <--
6 effect in 240 days. UPON PUBLICATION OF THE NOTICE UNDER <--
7 SECTION 11(C).
8 (2) The remainder of this act shall take effect in 60
9 days.
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