PRIOR PRINTER'S NOS. 914, 2174 PRINTER'S NO. 2931
No. 851 Session of 1993
INTRODUCED BY D. R. WRIGHT, DeWEESE, VEON, ROONEY, DeLUCA,
BELFANTI, TRELLO, PISTELLA, VAN HORNE AND STABACK,
MARCH 22, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 8, 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 establishing the Manufactured Housing Fund; and imposing
7 duties on the Legislative Reference Bureau.
8 PROVIDING FOR THE ESTABLISHMENT OF A MANUFACTURED HOUSING <--
9 OMBUDSMAN AND FIXING THE POWERS AND DUTIES OF THE OMBUDSMAN;
10 ESTABLISHING THE MANUFACTURED HOUSING HEARING BOARD AND
11 PROVIDING FOR ITS MEMBERSHIP, POWERS AND DUTIES; ESTABLISHING
12 A RESTRICTED ACCOUNT; REQUIRING ALL PRINCIPAL OWNERS OF
13 MANUFACTURED HOUSING COMMUNITIES LOCATED IN THIS COMMONWEALTH
14 TO REGISTER ANNUALLY WITH THE DEPARTMENT OF COMMUNITY
15 AFFAIRS; PROVIDING FOR PENALTIES; AND MAKING AN
16 APPROPRIATION.
17 TABLE OF CONTENTS
18 SECTION 1. SHORT TITLE.
19 SECTION 2. LEGISLATIVE PURPOSE.
20 SECTION 3. DEFINITIONS.
21 SECTION 4. MANUFACTURED HOUSING HEARING BOARD.
22 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN.
23 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN.
24 SECTION 7. PETITION FOR HEARING.
1 SECTION 8. HEARING PROCEDURE BEFORE BOARD.
2 SECTION 9. APPEAL.
3 SECTION 10. PUBLIC ACCESS.
4 SECTION 11. RESIDENT NOTIFICATION.
5 SECTION 12. MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM.
6 SECTION 13. CONTENTS OF FORM.
7 SECTION 14. FILING.
8 SECTION 15. TRANSFER OF FUNDS.
9 SECTION 16. REGULATIONS.
10 SECTION 17. ENFORCEMENT.
11 SECTION 18. RESTRICTED ACCOUNT.
12 SECTION 19. CONSTRUCTION OF ACT.
13 SECTION 20. FUNDING.
14 SECTION 21. EFFECTIVE DATE.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title. <--
18 This act shall be known and may be cited as the Manufactured
19 Housing Community Commission Act.
20 Section 2. Legislative findings and purposes.
21 The General Assembly finds and declares as follows:
22 (1) The relationship between manufactured housing
23 communities and residents of the communities requires
24 conciliation and mediation.
25 (2) Because of the unique nature of manufactured housing
26 and because disputes between residents and communities arise,
27 it is necessary to create a manufactured housing community
28 commission and designate an executive director to attempt to
29 resolve such disputes.
30 Section 3. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Bureau." The Bureau of Consumer Protection in the Office of
5 Attorney General.
6 "Commission." The Manufactured Housing Community Commission
7 established in section 4.
8 "Department." The Department of Community Affairs of the
9 Commonwealth.
10 "Executive director." The executive director of the
11 Manufactured Housing Community Commission.
12 "Fund." The Manufactured Housing Fund established in section
13 11.
14 "Manufactured home." A structure, transportable in one or
15 more sections, which, meets all of the following:
16 (1) Is built on a permanent chassis.
17 (2) Is designed to be used as a dwelling, with or
18 without a permanent foundation, when connected to the
19 required utilities.
20 (3) Either:
21 (i) is, in the traveling mode, eight body feet or
22 more in width and 40 body feet or more in length and is,
23 when erected on site, is 320 or more square feet; or
24 (ii) has on file a certification required by the
25 United States Department of Housing and Urban Development
26 and complies with the act of November 17, 1982 (P.L.676,
27 No.192), known as the Manufactured Housing Construction
28 and Safety Standards Authorization Act.
29 The term includes the plumbing, heating, air conditioning and
30 electrical systems contained in the structure.
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1 "Manufactured housing community." A site, lot, field or
2 tract of land upon which ten or more manufactured homes are or
3 are intended to be located, regardless of whether or not a
4 charge is made for the accommodation.
5 "Manufactured housing resident." An owner of a manufactured
6 home who leases or rents a manufactured housing site. The term
7 does not include a person who rents or leases a manufactured
8 home.
9 "Manufactured housing site." A plot of ground within a
10 manufactured housing community designed for the accommodation of
11 one manufactured home.
12 Section 4. Commission.
13 (a) Establishment.--There is created the Manufactured
14 Housing Community Commission as a departmental administrative
15 board in the department. The commission shall consist of ten
16 members, one of whom shall be the director of the bureau, and
17 one of whom shall be the Secretary of Community Affairs. The
18 remaining members must be residents of this Commonwealth for a
19 five-year period immediately prior to appointment. Four members
20 must be professional members who are owners, operators or
21 managers of manufactured housing communities and who have been
22 actively engaged in that business for a period of at least five
23 years immediately preceding the appointment. Four members must
24 be public members who are owners of manufactured homes and who
25 have been residents of manufactured housing communities for a
26 period of at least five years immediately preceding the
27 appointment. No two professional or public members may be from
28 the same community or from communities under common control. The
29 commission shall be appointed by the Governor subject to the
30 consent of a majority of the members elected to the Senate. One
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1 public and one professional member shall be recommended by the
2 President pro tempore of the Senate, one professional and one
3 public member shall be recommended by the Minority Leader of the
4 Senate, one professional and one public member shall be
5 recommended by the Speaker of the House of Representatives and
6 one professional and one public member shall be recommended by
7 the Minority Leader of the House of Representatives.
8 (b) Term of office.--The professional and public members
9 shall serve four-year terms except as provided in subsection
10 (c).
11 (c) Initial appointments.--Within 90 days of the effective
12 date of this act, from the recommendations submitted under
13 subsection (a), the Governor shall nominate one professional and
14 one public member to serve four-year terms, one professional and
15 one public member to serve three-year terms, one professional
16 and one public member to serve two-year terms and one
17 professional and one public member to serve one-year terms.
18 (d) Continuation in office.--Each professional and public
19 member shall continue in office until a successor is appointed
20 and qualified but not longer than six months after the
21 expiration of the term. If a member dies, resigns or becomes
22 disqualified during the term of office, a successor shall be
23 appointed in the same way and with the same qualifications as
24 set forth in this section and shall hold office for the
25 unexpired portion of the term.
26 (e) Limit on terms.--No professional or public member shall
27 be eligible for appointment to serve more than two consecutive
28 four-year terms.
29 (f) Forfeiture of membership.--A professional or public
30 member who fails to attend three consecutive meetings shall
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1 forfeit membership unless the chairperson, upon written request
2 from the member, finds that the member should be excused from a
3 meeting because of illness or the death of a family member.
4 (g) Compensation.--Each professional and public member shall
5 receive per diem compensation at the rate of $60 when actually
6 attending to the work of the commission. Members shall also
7 receive reasonable travel, hotel and other necessary expenses
8 incurred in the performance of their duties in accordance with
9 management directives on travel and subsistence.
10 (h) Quorum.--A majority of the members of the commission
11 constitutes a quorum. A member may not be counted as part of a
12 quorum or vote on any issue unless the member is physically in
13 attendance at the meeting.
14 (i) Meeting.--The commission shall meet at least four times
15 a year in Harrisburg. It may meet more often either in
16 Harrisburg or at other locations in this Commonwealth.
17 (j) Operating procedures.--The commission shall meet within
18 30 days after the appointment of its initial members and set up
19 operating procedures and forms for carrying out the purposes of
20 the act. It shall be the responsibility of the commission to
21 circulate these forms and educate the public on the requirements
22 of this act.
23 (k) Election of officers.--The commission shall elect
24 annually from its membership a chairperson, a vice chairperson
25 and a secretary.
26 Section 5. Powers and duties of commission.
27 The commission has the following powers and duties:
28 (1) Appoint the executive director and supervise the
29 executive director's responsibilities.
30 (2) Ensure that manufactured housing communities defray
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1 the expenses of the commission and biennially renew payment
2 of fees under section 10.
3 (3) Ensure that the executive director investigates,
4 complaints by the bureau, the department or any other person.
5 (4) Administer and enforce and regulations promulgated
6 under this act.
7 (5) Keep records of all proceedings in connection with
8 the resolution of disputes under this act.
9 (6) Promulgate regulations to implement this act.
10 (7) Adopt forms.
11 Section 6. Executive director.
12 (a) Establishment.--The executive director must be an
13 attorney admitted to the bar of the Supreme Court of
14 Pennsylvania. The executive director may not engage in any
15 business, vocation or other employment involving manufactured
16 housing; be a manufactured housing resident; have other
17 interests involving manufactured housing; be a representative of
18 a manufactured housing community or manufactured housing
19 resident; or have any other interest inconsistent with official
20 responsibilities.
21 (b) Appointment.--The position of executive director shall
22 be a full-time position. The executive director shall be
23 appointed by the commission under section 5(1).
24 (c) Compensation.--The compensation of the executive
25 director shall be fixed by the commission.
26 (d) Powers and duties.--The executive director has the power
27 and duty to investigate and resolve complaints and disputes
28 among manufactured housing residents and owners or operators of
29 manufactured housing communities concerning the following:
30 (1) Disputes over interpretation of the substantive
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1 statutory provisions contained in the act of November 24,
2 1976 (P.L.1176, No.261), known as the Mobile Home Park Rights
3 Act.
4 (2) Disputes over the approval of a prospective
5 purchaser of an existing manufactured home owned by a
6 manufactured housing resident if the purchaser desires to
7 have the home remain in the community.
8 (3) The reasonableness of rules and regulations adopted
9 by the manufactured housing community under the Mobile Home
10 Park Rights Act.
11 (4) Disputes over whether or not manufactured housing
12 residents or manufactured housing communities are complying
13 with this act or the Mobile Home Park Rights Act.
14 (e) Staff.--The executive director shall work closely and
15 cooperatively with the bureau and the department. In addition to
16 staff support from one or both of these agencies, the commission
17 may appoint attorneys as assistants and additional clerical,
18 technical and professional staff as appropriate and may contract
19 for additional services necessary to implement this act. The
20 compensation of assistants and clerical, technical and
21 professional staff shall be set by the commission. An assistant
22 or other staff employee may not engage in any business, vocation
23 or other employment involving manufactured housing; be a
24 manufactured housing resident in a manufactured housing
25 community; or have other interests involving manufactured
26 housing inconsistent with official responsibilities.
27 Section 7. Disputes.
28 (a) Standing.--
29 (1) A manufactured housing community which is aggrieved
30 by an action of a manufactured housing resident alleged to be
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1 in violation of this act or the act of November 24, 1976
2 (P.L.1176, No.261), known as the Mobile Home Park Rights Act,
3 or regulations promulgated under either act may file an
4 administrative complaint in accordance with this section.
5 (2) A manufactured housing resident who is aggrieved by
6 an action of a manufactured housing community or a
7 manufactured housing resident alleged to be in violation of
8 this act or the Mobile Home Park Rights Act, or regulations
9 promulgated under either act may file an administrative
10 complaint in accordance with this section.
11 (b) Informal resolution.--Prior to filing a complaint under
12 subsection (c), a prospective complainant must notify the
13 prospective respondent of the problem in writing. Proof of
14 receipt is required. If the problem is not resolved within 30
15 days of receipt of the notice, an action may proceed under
16 subsection (c).
17 (c) Complaint.--A complainant may file a complaint on a form
18 prescribed by the commission. The complaint must be accompanied
19 by a $25 filing fee. The complaint shall contain all of the
20 following information:
21 (1) The action of the respondent which is the subject of
22 the complaint.
23 (2) The notarized signature of the complainant.
24 (3) The address and telephone number of the complainant.
25 (4) The name, address and telephone number of the
26 respondent.
27 (5) A copy of the notice under subsection (b), with
28 proof of receipt.
29 (d) Response.--On receipt of the complaint, the executive
30 director shall review it for completeness and to determine
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1 whether or not the dispute is subject to this act. If it is
2 determined that the dispute is subject to this act, the
3 executive director shall send to the respondent, by certified
4 mail, return receipt requested, a copy of the complaint and a
5 notice that a response is required within 30 days showing cause,
6 if any, why the complaint should be dismissed. If the executive
7 director determines that the dispute is not subject to this act,
8 the executive director shall dismiss the complaint.
9 (e) Resolution.--After reviewing the complaint and the
10 response, the executive director shall within 30 days of receipt
11 of the response, mediate the dispute to the satisfaction of the
12 complainant and the respondent. If the dispute is not resolved,
13 the executive director shall make a recommendation to the
14 commission.
15 (f) Recommendation of executive director.--
16 (1) The executive director may determine that there is
17 no factual basis to support the complaint.
18 (2) If a complaint is substantiated, the executive
19 director may recommend to the commission as to how to resolve
20 the dispute. The executive director shall issue an order
21 setting forth the appropriate action to be taken.
22 (g) Decision by commission.--A decision by the executive
23 director under subsection (f) shall be reviewed by the
24 commission. The commission may, and upon motion of either party,
25 shall, order a hearing. This subsection is subject to 2 Pa.C.S.
26 Ch. 5 Subch. A (relating to practice and procedure of
27 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
28 review of Commonwealth agency action).
29 (h) Costs.--If the complainant prevails, the complainant may
30 recover the filing fee under subsection (c).
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1 Section 8. Public access.
2 There shall be a toll-free telephone number established by
3 the commission for public use regarding inquiries on the
4 services available from the commission.
5 Section 9. Resident notification.
6 Any manufactured housing community, within 30 days of the
7 effective date of this section, shall make available to its
8 manufactured housing residents a copy of this act and shall
9 maintain a copy of this act at a convenient location within the
10 manufactured housing community. A new manufactured housing
11 resident shall be provided with a copy of this act by the
12 manufactured housing community at the time the residence begins.
13 Section 10. Fees.
14 (a) Imposition and increase.--All fees established under
15 this act shall be fixed by the commission by regulation. The
16 fees for each manufactured housing community shall be $1 per
17 site, with a minimum fee of $50 per manufactured housing
18 community and a maximum of $300 per manufactured housing
19 community. If the revenues raised by fees imposed under this act
20 are not sufficient to meet expenditures over a two-year period,
21 the commission shall increase those fees so that the projected
22 revenues will meet or exceed projected expenditures.
23 (b) Additional increases.--If the department determines that
24 the fees established by the commission under subsection (a) are
25 inadequate to meet the minimum enforcement efforts required by
26 this act, then the department, after consultation with the
27 commission shall increase the fees by regulation in an amount to
28 insure that adequate revenues are raised to meet the required
29 enforcement effort.
30 (c) Enforcement of fees.--If a manufactured housing
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1 community does not pay a fee under this section, the commission
2 shall send by certified mail an order to pay the fee within 30
3 days of the date of the order. Upon failure to respond to the
4 order, the commission shall order the manufactured housing
5 residents of that community to pay their rent directly to the
6 commission. Rents so paid shall be placed in a separate escrow
7 account. Within 30 days of the date when fees required by this
8 act are paid, the money in escrow shall be released and paid
9 over to the manufactured housing community.
10 Section 11. Fund.
11 (a) Establishment.--The Manufactured Housing Fund is
12 established as a special fund in the State Treasury.
13 (b) Source.--The source of the fund shall be fees under
14 sections 7(c) and 10.
15 (c) Administration.--The commission shall administer the
16 fund to implement this act. When the commission determines that
17 the fund contains sufficient money to begin complete
18 implementation of this act, it shall transmit notice of that
19 fact to the Legislative Reference Bureau for publication in the
20 Pennsylvania Bulletin.
21 Section 12. Effective date.
22 This act shall take effect as follows:
23 (1) Sections 7 through 9 of this act shall take effect
24 upon publication of the notice under section 11(c).
25 (2) The remainder of this act shall take effect in 60
26 days.
27 SECTION 1. SHORT TITLE. <--
28 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MANUFACTURED
29 HOUSING OMBUDSMAN AND HEARING BOARD ACT.
30 SECTION 2. LEGISLATIVE PURPOSE.
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1 AN INCREASING NUMBER OF CITIZENS OF THIS COMMONWEALTH LIVE IN
2 MANUFACTURED HOMES, AND MANY OF THESE CITIZENS RESIDE IN
3 MANUFACTURED HOUSING COMMUNITIES. BECAUSE OF THE GROWING NUMBER
4 OF PROBLEMS AND COMPLAINTS DEALING WITH VARIOUS ASPECTS OF
5 LIVING IN MANUFACTURED HOUSING COMMUNITIES AND BECAUSE OF THE
6 UNIQUE NATURE OF MANUFACTURED HOUSING AND THE DIFFICULTY IN
7 RELOCATING MANUFACTURED HOUSING, IT IS NECESSARY TO DESIGNATE A
8 MANUFACTURED HOUSING OMBUDSMAN AND MANUFACTURED HOUSING HEARING
9 BOARD TO RESOLVE THE PROBLEMS AND COMPLAINTS INVOLVING RESIDENTS
10 AND OWNERS OF MANUFACTURED HOUSING COMMUNITIES. IN ADDITION, THE
11 CREATION OF THE MANUFACTURED HOUSING OMBUDSMAN WILL ASSIST IN A
12 MORE EQUITABLE AND EXPEDITIOUS IMPLEMENTATION OF THE ACT OF
13 NOVEMBER 24, 1976 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME
14 PARK RIGHTS ACT.
15 SECTION 3. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
17 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
18 CONTEXT CLEARLY INDICATES OTHERWISE:
19 "BOARD." THE MANUFACTURED HOUSING HEARING BOARD ESTABLISHED
20 UNDER SECTION 4.
21 "COMPARABLE MANUFACTURED HOUSING COMMUNITY." A MANUFACTURED
22 HOUSING COMMUNITY WITH SIMILAR FACILITIES, SERVICES, AMENITIES
23 AND MANAGEMENT.
24 "DEPARTMENT." THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE
25 COMMONWEALTH.
26 "MANUFACTURED HOME." A TRANSPORTABLE SINGLE-FAMILY DWELLING
27 UNIT CONTAINING PLUMBING, HEATING AND/OR COOLING AND ELECTRICAL
28 SYSTEMS INTENDED FOR PERMANENT OCCUPANCY CONSTRUCTED AS A SINGLE
29 UNIT OR AS TWO OR MORE UNITS DESIGNED TO BE JOINED INTO ONE
30 INTEGRAL UNIT WHICH IS BUILT ON A PERMANENT CHASSIS AND DESIGNED
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1 TO BE USED AS A DWELLING WITH OR WITHOUT A PERMANENT FOUNDATION
2 WHEN CONNECTED TO THE REQUIRED UTILITIES.
3 "MANUFACTURED HOUSING." A TRANSPORTABLE, SINGLE-FAMILY
4 DWELLING UNIT WHICH CONTAINS PLUMBING, HEATING AND/OR COOLING
5 AND ELECTRICAL SYSTEMS INTENDED FOR PERMANENT OCCUPANCY, IS
6 CONSTRUCTED AS A SINGLE UNIT OR AS TWO OR MORE UNITS DESIGNED TO
7 BE JOINED INTO ONE INTEGRAL UNIT, IS BUILT ON A PERMANENT
8 CHASSIS AND IS DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT
9 A PERMANENT FOUNDATION WHEN CONNECTED TO THE REQUIRED UTILITIES.
10 "MANUFACTURED HOUSING COMMUNITY." A SITE, LOT, FIELD OR
11 TRACT OF LAND, PRIVATELY OR PUBLICLY OWNED OR OPERATED, UPON
12 WHICH THREE OR MORE MANUFACTURED HOMES, OCCUPIED FOR DWELLING OR
13 SLEEPING PURPOSES, ARE OR ARE INTENDED TO BE LOCATED, REGARDLESS
14 OF WHETHER OR NOT A CHARGE IS MADE FOR SUCH ACCOMMODATION.
15 "MANUFACTURED HOUSING RESIDENT." AN OWNER OF A MANUFACTURED
16 HOME WHO LEASES OR RENTS SPACE IN A MANUFACTURED HOUSING
17 COMMUNITY. THE TERM DOES NOT INCLUDE A PERSON WHO RENTS OR
18 LEASES A MANUFACTURED HOME.
19 "OMBUDSMAN." THE MANUFACTURED HOUSING OMBUDSMAN ESTABLISHED
20 UNDER SECTION 5.
21 "PRINCIPAL OWNER." A PERSON HAVING MAJORITY OR CONTROLLING
22 INTEREST IN ANY SITE, LOT, FIELD OR TRACT OF LAND UPON WHICH A
23 MANUFACTURED HOUSING COMMUNITY IS ESTABLISHED OR IS INTENDED TO
24 BE LOCATED.
25 "RESPONDENT." THE PERSON AGAINST WHOM THE ORIGINAL COMPLAINT
26 IS DIRECTED.
27 "SECRETARY." THE SECRETARY OF COMMUNITY AFFAIRS OF THE
28 COMMONWEALTH.
29 "UNREASONABLE." NOT FAIR, PROPER, JUST, MODERATE OR SUITABLE
30 UNDER THE CIRCUMSTANCES OR FIT OR APPROPRIATE TO THE END IN
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1 VIEW.
2 SECTION 4. MANUFACTURED HOUSING HEARING BOARD.
3 (A) ESTABLISHMENT.--THE MANUFACTURED HOUSING HEARING BOARD
4 IS ESTABLISHED AS AN INDEPENDENT QUASI-JUDICIAL AGENCY.
5 (B) MEMBERS.--THE BOARD SHALL CONSIST OF SEVEN MEMBERS. TWO
6 MEMBERS SHALL BE MEMBERS OF THE PENNSYLVANIA MANUFACTURED
7 HOUSING ASSOCIATION; TWO MEMBERS SHALL BE MEMBERS OF THE
8 PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC.; ONE
9 MEMBER SHALL BE THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE; ONE
10 MEMBER SHALL BE THE SECRETARY OF THE DEPARTMENT OF COMMUNITY
11 AFFAIRS OR HIS OR HER DESIGNEE; AND ONE MEMBER SHALL BE THE
12 SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OR HIS OR
13 HER DESIGNEE. THE GOVERNOR SHALL APPOINT TWO MEMBERS OF THE
14 PENNSYLVANIA MANUFACTURED HOUSING ASSOCIATION AND TWO MEMBERS OF
15 THE PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC. FROM
16 A LIST OF THREE NAMES SUBMITTED BY EACH ORGANIZATION TO THE
17 GOVERNOR.
18 (C) CHAIRMAN.--THE BOARD SHALL DESIGNATE ONE MEMBER OF THE
19 BOARD TO SERVE AS CHAIRMAN.
20 (D) TERMS.--A MEMBER OF THE BOARD SHALL SERVE FOR A TERM OF
21 FIVE YEARS OR UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED
22 WITHIN SIX MONTHS OF THE EXPIRATION OF THE ORIGINAL TERM. BOARD
23 MEMBERS MAY BE REAPPOINTED TO ONE ADDITIONAL TERM.
24 (E) COMPENSATION.--BOARD MEMBERS SHALL RECEIVE A DAILY PER
25 DIEM OF $60. IN ADDITION, ALL MEMBERS SHALL BE REIMBURSED FOR
26 ACTUAL AND REASONABLE EXPENSES FOR TRAVEL, LODGING AND MEALS
27 INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
28 (F) MEETINGS.--THE BOARD SHALL MEET EVERY 60 DAYS OR AS
29 OFTEN AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT,
30 AND THE MEETINGS MAY BE ROTATED BETWEEN PITTSBURGH,
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1 PHILADELPHIA, SCRANTON AND HARRISBURG AS FEASIBLE TO FACILITATE
2 THE ATTENDANCE OF THOSE HAVING APPEALS PENDING BEFORE THE BOARD.
3 (G) ADMINISTRATIVE DECISIONS.--THE BOARD SHALL ASSIST THE
4 MANUFACTURED HOUSING OMBUDSMAN WITH RESPECT TO DECIDING THE NEED
5 FOR AND LOCATION OF FIELD OFFICES, WHICH MAY INCLUDE, IF SPACE
6 IS AVAILABLE, LOCATION WITHIN THE CURRENT REGIONAL OFFICES OF
7 THE ATTORNEY GENERAL'S OFFICE OR STATE HUMAN RELATIONS
8 COMMISSION.
9 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN.
10 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED, UNDER THE
11 GOVERNOR'S OFFICE, THE MANUFACTURED HOUSING OMBUDSMAN TO
12 INVESTIGATE AND RESOLVE COMPLAINTS AND DISPUTES INVOLVING
13 MANUFACTURED HOUSING.
14 (B) APPOINTMENT.--THE POSITION OF OMBUDSMAN SHALL BE A FULL-
15 TIME POSITION. THE OMBUDSMAN SHALL BE APPOINTED BY THE BOARD.
16 (C) COMPENSATION.--THE COMPENSATION OF THE OMBUDSMAN SHALL
17 BE FIXED BY THE BOARD BUT IN NO CASE SHALL IT EXCEED THE AVERAGE
18 ANNUAL COMPENSATION PAID TO ALL CABINET SECRETARIES.
19 (D) POWERS AND DUTIES.--THE OMBUDSMAN SHALL HAVE THE
20 FOLLOWING POWERS AND DUTIES:
21 (1) (I) TO INVESTIGATE AND RESOLVE COMPLAINTS AND
22 DISPUTES BETWEEN RESIDENTS AND COMMUNITY OWNERS RELATED
23 TO MANUFACTURED HOUSING CONCERNING THE FOLLOWING:
24 (A) DISPUTES OVER THE INTERPRETATION OF
25 PROVISIONS CONTAINED IN THE ACT OF NOVEMBER 24, 1976
26 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME PARK
27 RIGHTS ACT.
28 (B) DISPUTES OVER THE APPROVAL OF A PROSPECTIVE
29 PURCHASER OF AN EXISTING MANUFACTURED HOME OWNED BY A
30 RESIDENT.
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1 (C) THE REASONABLENESS OF RULES AND REGULATIONS
2 PROMULGATED BY MANUFACTURED HOUSING COMMUNITY OWNERS
3 PURSUANT TO THE MOBILE HOME PARK RIGHTS ACT.
4 (D) ENVIRONMENTAL CONCERNS, INCLUDING, BUT NOT
5 LIMITED TO, THE PROVISION OF SAFE DRINKING WATER AND
6 PROPER SEWAGE DISPOSAL.
7 (E) INTERPRETATION OF PROVISIONS OF LEASE
8 AGREEMENTS.
9 (F) THE REASONABLENESS OF PENDING EVICTION
10 PROCEDURES.
11 (II) THE DECISION OF THE OMBUDSMAN SHALL BE FINAL
12 AND BINDING ON ALL PARTIES UNLESS APPEALED TO THE BOARD
13 AS PROVIDED FOR IN SECTION 7. ONCE AN INVESTIGATION HAS
14 BEEN INITIATED BY THE OMBUDSMAN CONCERNING A COMPLAINT
15 FILED, RULE OR REGULATION OR EVICTION PROCEEDING SHALL BE
16 STAYED PENDING A FINAL DECISION BY THE OMBUDSMAN. IF THE
17 OMBUDSMAN DETERMINES THAT AN EXISTING OR PROPOSED RULE OR
18 REGULATION PROMULGATED BY THE OWNER OR MANAGER OF A
19 MANUFACTURED HOUSING COMMUNITY IS UNREASONABLE, THE RULE
20 OR REGULATION SHALL BE RESCINDED. COPIES OF ALL DECISIONS
21 OF THE OMBUDSMAN SHALL BE FORWARDED TO THE OFFICE OF
22 ATTORNEY GENERAL.
23 (2) TO INITIATE ANY LEGAL PROCEEDING BEFORE ANY FEDERAL,
24 STATE OR COUNTY COURT NECESSARY TO PROTECT THE RIGHTS OF
25 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO
26 REPRESENT THE RESIDENTS AND OR COMMUNITY OWNERS BEFORE THE
27 COURT IN ANY SUCH PROCEEDING.
28 (3) TO INITIATE ANY PROCEEDING BEFORE ANY FEDERAL, STATE
29 OR LOCAL AGENCY NECESSARY TO PROTECT THE RIGHTS OF
30 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO
19930H0851B2931 - 17 -
1 REPRESENT THE RESIDENTS AND/OR COMMUNITY OWNERS IN ANY SUCH
2 PROCEEDINGS.
3 (4) (I) TO DISSEMINATE NECESSARY INFORMATION TO THE
4 PUBLIC CONCERNING INFORMATION THEY SHOULD REVIEW PRIOR TO
5 THE PURCHASE OF MANUFACTURED HOUSING OR LEASING SPACE IN
6 A MANUFACTURED COMMUNITY. THIS SHALL INCLUDE, BUT SHALL
7 NOT BE LIMITED TO, THE PREPARATION OF A BRIEF STATEMENT
8 TITLED "IMPORTANT INFORMATION FOR A PROSPECTIVE PURCHASER
9 OF MANUFACTURED HOUSING OR LESSEE IN MANUFACTURED HOUSING
10 COMMUNITY." FOLLOWING THE TITLE SHALL APPEAR A BRIEF
11 SUMMARY OF THE KEY FACTS OF WHICH ANYONE CONTEMPLATING
12 PURCHASING A MANUFACTURED HOME OR LEASING SPACE IN A
13 MANUFACTURED HOUSING COMMUNITY SHOULD BE AWARE. THE
14 NOTICE, INCLUDING THE TITLE, SHALL BE IN TEN-POINT
15 BOLDFACE PRINT AND SIGNS AND VISUAL SYMBOLS SHALL BE USED
16 AS APPROPRIATE TO FACILITATE THE UNDERSTANDING OF THE
17 INFORMATION BY READERS. A COPY OF THE STATEMENT SHALL BE
18 PROVIDED BY:
19 (A) MANUFACTURED HOUSING DEALERS OR OTHERS
20 LICENSED IN THIS COMMONWEALTH UNDER THE ACT OF
21 DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN AS THE
22 BOARD OF VEHICLES ACT, TO A PROSPECTIVE PURCHASER OF
23 A NEW MANUFACTURED HOME AT LEAST 48 HOURS BEFORE THE
24 PURCHASER SIGNS AN AGREEMENT OF SALE.
25 (B) ANYONE LICENSED UNDER THE BOARD OF VEHICLES
26 ACT, OR ANY REAL ESTATE SALESPERSON OR BROKER
27 LICENSED UNDER THE ACT OF FEBRUARY 19, 1980 (P.L.15,
28 NO.9), KNOWN AS THE REAL ESTATE LICENSING AND
29 REGISTRATION ACT, TO A PROSPECTIVE PURCHASER OF A
30 PRE-OWNED MANUFACTURED HOME AT LEAST 48 HOURS BEFORE
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1 THE PURCHASER SIGNS AN AGREEMENT OF SALE.
2 (C) MANUFACTURED HOUSING COMMUNITY OWNERS OR
3 MANAGERS, TO A PROSPECTIVE LESSEE AT LEAST 48 HOURS
4 BEFORE THE LESSEE SIGNS A LEASE FOR SPACE IN A
5 MANUFACTURED HOUSING COMMUNITY OPERATED IN THIS
6 COMMONWEALTH.
7 (II) THE OMBUDSMAN SHALL, WITHIN 90 DAYS OF THE
8 EFFECTIVE DATE OF THIS ACT, FORWARD A COPY OF THE
9 STATEMENT UNDER SUBPARAGRAPH (I) TO ANYONE LICENSED TO
10 SELL MANUFACTURED HOUSING IN THIS COMMONWEALTH, AS WELL
11 AS TO ALL OWNERS OR MANAGERS OF MANUFACTURED HOUSING
12 COMMUNITIES, ALONG WITH A COPY OF THIS ACT AND A NOTICE
13 OF THEIR RESPONSIBILITIES PURSUANT TO THIS SECTION.
14 FAILURE TO RECEIVE A COPY OF THIS ACT AND NOTIFICATION
15 FROM THE OMBUDSMAN, AS REQUIRED BY THIS SECTION, SHALL
16 NOT RELIEVE ANYONE OF HIS RESPONSIBILITIES UNDER THIS
17 SECTION.
18 (5) TO EDUCATE THE PUBLIC CONCERNING THE POWERS AND
19 DUTIES OF THE OMBUDSMAN AND THE SERVICES AVAILABLE.
20 (E) STAFF.--THE OMBUDSMAN SHALL WORK CLOSELY AND
21 COOPERATIVELY WITH THE OFFICE OF ATTORNEY GENERAL, AND, IN
22 ADDITION TO STAFF SUPPORT FROM THE OFFICE OF GENERAL COUNSEL,
23 THE HUMAN RELATIONS COMMISSION AND OTHER APPROPRIATE STATE
24 AGENCIES, INCLUDING THE OFFICE OF ATTORNEY GENERAL, THE BOARD
25 MAY APPOINT ATTORNEYS AS ASSISTANTS AND SUCH ADDITIONAL
26 CLERICAL, TECHNICAL AND PROFESSIONAL STAFF AS MAY BE APPROPRIATE
27 AND MAY CONTRACT FOR SUCH ADDITIONAL SERVICES AS ARE NECESSARY
28 TO IMPLEMENT THE PROVISIONS OF THIS ACT. THE COMPENSATION OF
29 ASSISTANTS AND CLERICAL, TECHNICAL AND PROFESSIONAL STAFF SHALL
30 BE SET BY THE BOARD. AN ASSISTANT OR OTHER STAFF EMPLOYEE SHALL
19930H0851B2931 - 19 -
1 NOT, WHILE SERVING IN SUCH POSITION, ENGAGE IN ANY BUSINESS,
2 VOCATION OR OTHER EMPLOYMENT INVOLVING MANUFACTURED HOUSING OR
3 HAVE OTHER INTERESTS INVOLVING MANUFACTURED HOUSING INCONSISTENT
4 WITH HIS OFFICIAL RESPONSIBILITIES.
5 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN.
6 (A) GENERAL RULE.--A PERSON WHO RENTS OR OWNS MANUFACTURED
7 HOUSING WHICH IS LOCATED ON LAND IN A MANUFACTURED HOUSING
8 COMMUNITY FOR WHICH A GROUND RENTAL FEE IS PAID, OR ANY OWNER OR
9 MANAGER OF A MANUFACTURED HOUSING COMMUNITY, MAY CONTACT THE
10 OMBUDSMAN TO INVESTIGATE HIS COMPLAINT.
11 (B) COMPLAINT FORM.--THE OMBUDSMAN SHALL PREPARE A
12 STANDARDIZED COMPLAINT FORM TO BE USED BY AN INDIVIDUAL OR GROUP
13 OF INDIVIDUALS FILING A COMPLAINT. THERE SHALL BE NO CHARGE TO
14 FILE A COMPLAINT WITH THE OMBUDSMAN. THE FORM SHALL INCLUDE, BUT
15 SHALL NOT BE LIMITED TO:
16 (1) A LIST OF THE COMPLAINTS.
17 (2) THE NOTARIZED SIGNATURE OF THE INDIVIDUAL OR
18 INDIVIDUALS FILING THE COMPLAINT.
19 (3) THE ADDRESS AND TELEPHONE NUMBER OF THE INDIVIDUAL
20 OR INDIVIDUALS FILING THE COMPLAINT.
21 (4) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ALL
22 PARTIES INVOLVED IN THE COMPLAINT.
23 (C) RESPONSE.--ON RECEIPT OF THE COMPLAINT FORM, THE
24 OMBUDSMAN SHALL SEND TO THE NAMED RESPONDENT, BY CERTIFIED MAIL,
25 A COPY OF THE COMPLAINT, ALONG WITH A NOTICE THAT A RESPONSE IS
26 REQUIRED SHOWING CAUSE, IF ANY, WHY THE COMPLAINT SHOULD BE
27 DISMISSED.
28 (D) REVIEW.--AFTER REVIEWING THE COMPLAINT AND RESPONSE, THE
29 OMBUDSMAN OR HIS STAFF SHALL PROMPTLY INVESTIGATE THE COMPLAINT
30 AND TRY TO MEDIATE THE DISPUTE. THE OMBUDSMAN SHALL RENDER A
19930H0851B2931 - 20 -
1 DECISION ON ALL COMPLAINTS FILED WITHIN 30 DAYS OF RECEIPT OF
2 THE COMPLAINT.
3 (E) DECISION OF OMBUDSMAN.--
4 (1) THE OMBUDSMAN, AFTER THE INVESTIGATION OF A
5 COMPLAINT, MAY DETERMINE THAT THERE IS NO FACTUAL BASIS TO
6 SUPPORT THE COMPLAINT AND SHALL SO NOTIFY ALL PARTIES.
7 (2) IF A COMPLAINT IS SUBSTANTIATED, THE OMBUDSMAN MAY
8 MAKE A RECOMMENDATION, WITH RESPECT TO RESOLVING THE DISPUTE,
9 TO WHICH ALL PARTIES MAY VOLUNTARILY AGREE.
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.
22 SECTION 7. PETITION FOR HEARING.
23 (A) FORM.--THE OMBUDSMAN SHALL PREPARE A STANDARDIZED
24 PETITION FORM TO BE USED BY AN INDIVIDUAL OR INDIVIDUALS WHO
25 WISH TO APPEAL AN ORDER OF THE OMBUDSMAN TO THE BOARD.
26 (B) FEE.--A FILING FEE OF $200 SHALL ACCOMPANY EACH PETITION
27 FILED WITH THE OMBUDSMAN FOR A HEARING BEFORE THE BOARD. IF THE
28 BOARD FINDS IN FAVOR OF THE ORIGINAL PARTY OR PARTIES FILING THE
29 COMPLAINT, THE RESPONDENT SHALL BE RESPONSIBLE FOR THE PAYMENT
30 OF THE REQUIRED $200 FILING FEE.
19930H0851B2931 - 21 -
1 SECTION 8. HEARING PROCEDURE BEFORE BOARD.
2 (A) GENERAL RULE.--UPON RECEIVING A PETITION FOR A HEARING
3 AND THE ACCOMPANYING FILING FEE, THE CHAIRMAN OF THE BOARD SHALL
4 SET A TIME AND PLACE FOR A HEARING AND SHALL GIVE THE PARTIES
5 REASONABLE NOTICE OF THE DATE, TIME AND LOCATION OF THE HEARING.
6 A NOTICE OF EACH HEARING SHALL ALSO BE PROVIDED TO THE OFFICE OF
7 ATTORNEY GENERAL.
8 (B) PROCEEDINGS.--ALL HEARINGS SHALL BE CONDUCTED UNDER 2
9 PA.C.S. CH. 5 (RELATING TO PRACTICE AND PROCEDURE). EITHER PARTY
10 TO A HEARING MAY PRESENT WITNESSES ON HIS BEHALF, IN PERSON OR
11 BY DEPOSITION, ON MAKING A REQUEST TO THE BOARD AND DESIGNATING
12 THE PERSON OR PERSONS, AS WELL AS RECORDS AND PAPERS, REQUESTED
13 TO BE SUBPOENAED, AND MAY REQUEST THAT A WRITTEN TRANSCRIPT OF
14 THE HEARING BE TAKEN AND MADE UPON PAYMENT OF THE COST OF THE
15 TRANSCRIPT. SUBPOENAS MAY BE ENFORCED IN COMMONWEALTH COURT,
16 WHICH, AFTER A HEARING, MAY JUDGE IN CONTEMPT OR MAKE ANOTHER
17 APPROPRIATE ORDER. FOR THE PURPOSE OF THE HEARING, THE BOARD HAS
18 THE POWERS VESTED IN THE OFFICERS BY SECTION 502 OF THE ACT OF
19 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
20 CODE OF 1929, WHICH SECURES THE POWER TO INSPECT, EXAMINE,
21 SECURE DATA OR INFORMATION OR PROCURE ASSISTANCE FROM ANY
22 DEPARTMENT, BOARD OR COMMITTEE. THE BOARD MAY CAUSE THE
23 DEPOSITION OF WITNESSES IN OR OUTSIDE OF THIS COMMONWEALTH TO BE
24 TAKEN AS PRESCRIBED BY LAW FOR DEPOSITIONS IN CIVIL CASES.
25 (C) INSPECTION.--EITHER PARTY OR HIS AUTHORIZED AGENT MAY
26 INSPECT ANY FILE THAT PERTAINS TO THE HEARING IF SUCH
27 AUTHORIZATION IS FILED IN WRITING WITH THE OMBUDSMAN.
28 (D) DECISION.--THE BOARD SHALL RENDER A DECISION BASED ON
29 EVIDENCE GIVEN WITHIN SEVEN CALENDAR DAYS OF THE HEARING, AND
30 THE DECISION OF THE BOARD SHALL BE FINAL AND BINDING ON ALL
19930H0851B2931 - 22 -
1 PARTIES UNLESS APPEALED TO THE COMMONWEALTH COURT AS PROVIDED
2 FOR BY SECTION 9. A COPY OF EACH DECISION SHALL BE FORWARDED TO
3 THE OFFICE OF ATTORNEY GENERAL.
4 SECTION 9. APPEAL.
5 WITHIN 20 DAYS AFTER SERVICE OF NOTICE OF THE DECISION OF THE
6 BOARD, A PERSON AGGRIEVED BY A DECISION OF THE BOARD MAY APPLY
7 FOR AN APPEAL IN COMMONWEALTH COURT.
8 SECTION 10. PUBLIC ACCESS.
9 THERE SHALL BE A TOLL-FREE TELEPHONE NUMBER ESTABLISHED BY
10 THE OMBUDSMAN FOR PUBLIC USE REGARDING INQUIRIES ON THE SERVICES
11 AVAILABLE FROM THE OMBUDSMAN, INCLUDING, BUT NOT LIMITED TO, THE
12 PROCEDURES FOR FILING A COMPLAINT AND MAKING AN APPEAL TO THE
13 BOARD.
14 SECTION 11. RESIDENT NOTIFICATION.
15 IT SHALL BE THE RESPONSIBILITY OF EVERY OWNER OF A
16 MANUFACTURED HOUSING COMMUNITY, WITHIN 30 DAYS OF THE EFFECTIVE
17 DATE OF THIS ACT, TO PROVIDE EACH RESIDENT OF THE MANUFACTURED
18 HOUSING COMMUNITY WITH A COPY OF THIS ACT AND TO MAINTAIN ONE
19 COPY OF THIS ACT AT A CONVENIENT LOCATION WITHIN THE COMMUNITY
20 FOR REVIEW BY RESIDENTS. IN ADDITION, ALL LESSEES IN THE
21 COMMUNITY SHALL BE PROVIDED WITH A COPY OF THIS ACT BY THE
22 OWNERS OF THE MANUFACTURED HOUSING COMMUNITY AT LEAST 48 HOURS
23 BEFORE A LESSEE SIGNS A LEASE.
24 SECTION 12. MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM.
25 A PRINCIPAL OWNER OF A MANUFACTURED HOUSING COMMUNITY IN THIS
26 COMMONWEALTH SHALL BE REQUIRED TO FILL OUT A MANUFACTURED
27 HOUSING COMMUNITY REGISTRATION FORM PREPARED BY THE DEPARTMENT.
28 SECTION 13. CONTENTS OF FORM.
29 THE MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM SHALL
30 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
19930H0851B2931 - 23 -
1 (1) THE NAME OF THE MANUFACTURED HOUSING COMMUNITY AND
2 THE COUNTY AND MUNICIPALITY IN WHICH IT IS LOCATED.
3 (2) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
4 PRINCIPAL OWNER OF THE MANUFACTURED HOUSING COMMUNITY.
5 (3) THE NAMES AND ADDRESSES OF ANYONE HAVING A FINANCIAL
6 INTEREST IN THE MANUFACTURED HOUSING COMMUNITY.
7 (4) THE NUMBER OF ACRES IN THE MANUFACTURED HOUSING
8 COMMUNITY.
9 (5) THE NUMBER OF DEVELOPED HOMESITES IN THE
10 MANUFACTURED HOUSING COMMUNITY, INCLUDING THE NUMBER
11 CURRENTLY OCCUPIED AND CURRENTLY VACANT.
12 (6) THE MONTHLY RENT CHARGED.
13 (7) A LIST OF ANY ADDITIONAL CHARGES AND FEES AND THE
14 AMOUNT OF SAME.
15 SECTION 14. FILING.
16 THE REGISTRATION FORM SHALL BE FILED WITH THE DEPARTMENT
17 ANNUALLY AND SHALL INCLUDE A FILING FEE OF $3 FOR EACH DEVELOPED
18 HOMESITE LOCATED IN THE MANUFACTURED HOUSING COMMUNITY.
19 SECTION 15. TRANSFER OF FUNDS.
20 ALL FUNDS RECEIVED BY THE DEPARTMENT FROM MANUFACTURED
21 HOUSING COMMUNITIES FILING THE ANNUAL REGISTRATION FORM AND THE
22 ANNUAL FILING FEE PER HOMESITE SHALL BE SUBMITTED BY THE
23 DEPARTMENT TO THE STATE TREASURER TO BE PLACED IN THE RESTRICTED
24 ACCOUNT ESTABLISHED FOR THE OPERATION OF THE OFFICE OF THE
25 MANUFACTURED HOUSING OMBUDSMAN AND THE MANUFACTURED HOUSING
26 HEARING BOARD.
27 SECTION 16. REGULATIONS.
28 THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO
29 CARRY OUT THE PROVISIONS OF THIS ACT.
30 SECTION 17. ENFORCEMENT.
19930H0851B2931 - 24 -
1 (A) CIVIL PENALTY.--A CIVIL PENALTY OF $500 SHALL BE
2 ASSESSED ON A PRINCIPAL OWNER FOR FAILURE TO COMPLY WITH THE
3 PROVISIONS OF THIS ACT.
4 (B) RENTAL CHARGES.--NO MANUFACTURED HOME COMMUNITY SHALL BE
5 ENTITLED TO LEVY RENTAL CHARGES FOR ANY SPACE LOCATED IN THE
6 COMMUNITY UNLESS THEY HAVE COMPLIED WITH THE PROVISIONS OF THIS
7 ACT.
8 (C) ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL ENFORCE
9 THE PROVISIONS OF THIS SECTION.
10 SECTION 18. RESTRICTED ACCOUNT.
11 THERE IS HEREBY ESTABLISHED WITHIN THE STATE TREASURY A
12 RESTRICTED ACCOUNT, INTO WHICH SHALL BE DEPOSITED ALL ANNUAL
13 MANUFACTURED HOUSING COMMUNITY REGISTRATION FEES COLLECTED BY
14 THE DEPARTMENT OF COMMUNITY AFFAIRS, ANY APPROPRIATION AND ALL
15 FEES PAID TO THE BOARD. THE MONEYS IN THIS ACCOUNT ARE
16 APPROPRIATED FOR THE OPERATION OF THE OMBUDSMAN AND THE BOARD IN
17 SUCH AMOUNTS AS THE GENERAL ASSEMBLY MAY DESIGNATE.
18 SECTION 19. 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 20. 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 21. EFFECTIVE DATE.
30 THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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