THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. TAYLOR, HARPER, BISHOP, BRADFORD, BRENNAN, D. COSTA, GRUCELA, HENNESSEY, KAUFFMAN, KORTZ, MURT, SIPTROTH, SWANGER, WATERS AND YOUNGBLOOD, JANUARY 20, 2010

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 20, 2010  

AN ACT

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

entitled "An act providing for the rights and duties of

mobile home owners or operators and mobile home residents,"

further providing for short title, for definitions and for

disclosure of fees; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of November

24, 1976 (P.L.1176, No.261), known as the Mobile Home Park

Rights Act, are amended to read:

AN ACT

Providing for the rights and duties of [mobile] manufactured 

home owners or operators and [mobile] manufactured home

residents.

Section 1.  Short Title.--This act shall be known and may be

cited as the ["Mobile Home Park Rights Act."] "Manufactured Home

Community Rights Act."

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

Section 1.1.  Legislative Declaration.--The General Assembly

finds and declares that:

(1)  Many seniors are on fixed incomes comprised principally

of small pensions and Social Security income.

(2)  Seniors that live and own manufactured homes and reside

in a manufactured home community are often faced with rent

payments that increase faster than their Social Security cost-

of-living adjustments.

(3)  Seniors who have lived in manufactured homes for many

years are less able than younger residents to adapt to a new

location and afford the increasing costs of moving a

manufactured home.

(4)  Therefore, to protect the health and well-being of

seniors who own manufactured homes within a manufactured home

community, it is in the public interest to ensure those seniors

can afford the rent to avoid displacement due to rents that

increase faster than their income.

Section 3.  Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and

16 of the act are amended to read:

Section 2.  Definitions.--As used in this act:

["Mobile home" means a] "Manufactured home."  A 

transportable, single-family dwelling unit intended for

permanent occupancy and constructed as a single unit, or as two

or more units designed to be joined into one integral unit

capable of again being separated for repeated towing, which

arrives at a site complete and ready for occupancy except for

minor and incidental unpacking and assembly operations, and

constructed so that it may be used without a permanent

foundation.

["Mobile home park" means any] "Manufactured home community."

A site, lot, field or tract of land, privately or publicly owned

or operated, upon which three or more [mobile] manufactured 

homes, occupied for dwelling or sleeping purposes, are or are

intended to be located, regardless of whether or not a charge is

made for such accommodation.

["Mobile home resident" means an] "Manufactured home

resident."  An owner of a [mobile] manufactured home who leases

or rents space in a [mobile home park] manufactured home

community. The term does not include a person who rents or

leases a [mobile] manufactured home.

["Mobile home space" means a] "Manufactured home space."  A 

plot of ground within a [mobile home park] manufactured home

community designed for the accommodation of one [mobile]

manufactured home.

["Rent" means ground] "Rent."  Ground rent for a [mobile]

manufactured home site.

"Senior."  A resident of this Commonwealth who is at least 55

years of age.

"Service [charges" means charges] charges."  Charges for

electricity, gas service which is underground and piped directly

to individual units within the [park] community, trash removal,

sewage and water.

Section 3.  Evictions.--(a)  A [mobile] manufactured home

resident shall only be evicted for any of the following reasons:

(1)  Nonpayment of rent.

(2)  A second or subsequent violation of the rules of the

[mobile home park] manufactured home community occurring within

a six-month period.

(3)  If there is a change in use of the [park] community land

or parts thereof.

(4)  Termination of [mobile home park] manufactured home

community.

(b)  A [mobile] manufactured home resident shall only be

evicted in accordance with the following procedure:

(1)  A resident shall not be evicted [by] for any self-help

measure.

(2)  Prior to the commencement of any eviction proceeding,

the [mobile home park] manufactured home community owner shall

notify the [mobile home park] manufactured home community 

resident in writing of the particular breach or violation of the

lease or [park] community rules by certified or registered mail.

(i)  In the case of nonpayment of rent, the notice shall

state that an eviction proceeding may be commenced if the

[mobile] manufactured home resident does not pay the overdue

rent within 20 days from the date of service if the notice is

given on or after April 1 and before September 1, and 30 days if

given on or after September 1 and before April 1 or an

additional nonpayment of rent occurring within six months of the

giving of the notice may result in immediate eviction

proceedings.

(ii)  In the case of a breach of the lease or violation of

the [park] community rules, other than nonpayment of rent, the

notice shall describe the particular breach or violation. No

eviction action shall be commenced unless the [mobile home park]

manufactured home community resident has been notified as

required by this section, and upon a second or subsequent

violation or breach occurring within six months, the [mobile

home park] manufactured home community owner may commence

eviction proceedings at any time within 60 days of the last

violation or breach.

(c)  A [mobile] manufactured home resident shall not be

evicted when there is proof that the rules he is accused of

violating are not enforced with respect to the other [mobile]

manufactured home residents or nonresidents on the [park]

community premises.

Section 4.  [Park] Community Rules and Regulations.--(a)  The

owner or operator of a [mobile home park] manufactured home

community may at any time establish fair and reasonable rules

and regulations reasonably related to the health, or safety of

residents in the [park] community or to the upkeep of the [park,

provided such rules and regulations] community, provided the

rules and regulations are not arbitrary or capricious and are

included in any written lease and delivered to existing

residents and are posted in a conspicuous and readily accessible

place in the [mobile home park.] manufactured home community.

(b)  All rules or rental charges shall be uniformly applied

to all [mobile] manufactured home residents or prospective

[mobile] manufactured home residents of the same or similar

category. When the lease or rental agreement is oral, the

resident shall be provided with a written copy of such rules and

regulations prior to the owner's or operator's acceptance of any

initial deposit, fee or rent. In addition a copy of this act

shall be posted in a conspicuous and readily accessible place in

the mobile home park and a copy of the following notice shall be

reproduced in capital typewritten letters or in ten-point

boldface print and be given to each resident upon entering into

the lease.

"IMPORTANT NOTICE REQUIRED BY LAW

The rules set forth below govern the terms of your lease or

occupancy agreement with this [mobile home park] manufactured

home community. The law requires all of these rules to be fair

and reasonable.

You may continue to stay in this [park] community as long as

you pay your rent and other reasonable fees, service charges and

assessments hereinafter set forth and abide by the rules of the

[park] community. Entrance and exit fees may not be charged.

Installation and removal fees may not be charged in excess of

the actual cost to the [mobile home park] manufactured home

community owner or operator for providing such service for the

installation or removal of a [mobile home in a mobile]

manufactured home in a manufactured home space.

You may be evicted for any of the following reasons:

(1)  Nonpayment of rent.

(2)  A second or subsequent violation of the rules of the

[mobile home park] manufactured home community occurring within

a six-month period.

(3)  If there is a change in use of the [park] community land

or parts thereof.

(4)  Termination of [mobile home park.] manufactured home

community.

You shall only be evicted in accordance with the following

procedure:

(1)  A resident shall not be evicted [by] for any self-help

measure.

(2)  Prior to the commencement of any eviction proceeding,

the [mobile home park] manufactured home community owner shall

notify you in writing of the particular breach or violation of

the lease or [park] community rules by certified or registered

mail.

(i)  In the case of nonpayment of rent, the notice shall

state that an eviction proceeding may be commenced if the

[mobile] manufactured home resident does not pay the overdue

rent within 20 days from the date of service if the notice is

given on or after April 1 and before September 1, and 30 days if

given on or after September 1 and before April 1 or an

additional nonpayment of rent occurring within six months of the

giving of the notice may result in immediate eviction

proceedings.

(ii)  In the case of a breach of the lease or violation of

the [park] community rules, other than nonpayment of rent, the

notice shall describe the particular breach or violation. No

eviction action shall be commenced unless you have been notified

as required by this section, and upon a second or subsequent

violation or breach occurring within six months, the [mobile

home park] manufactured home community owner may commence

eviction proceedings at any time within 60 days of the last

violation or breach.

You shall not be evicted when there is proof that the rules

you are accused of violating are not enforced with respect to

the other [mobile] manufactured home residents or nonresidents

on the [park] community premises.

In addition, no eviction proceeding for nonpayment of rent

may be commenced against you until you have received notice by

certified or registered mail of the nonpayment and have been

given to pay the overdue rent 20 days from the date of service

if the notice is given on or after April 1 and before September

1, and 30 days if given on or after September 1 and before April

1. However, only one notice of overdue rent is required to be

sent to you during any six-month period. If a second or

additional violation occurs within six months from the date of

the first notice then eviction proceedings may be immediately

started against you.

You are entitled to purchase goods or services from a seller

of your choice and the [park] community owner shall not restrict

your right to do so.

If you desire to sell your [mobile] manufactured home, the

[mobile home park] manufactured home community owner may not

prevent the sale and may not claim any fee in connection

therewith, unless there exists a separate written fee agreement.

However, the [mobile home park] manufactured home community 

owner may reserve the right to approve the purchaser as a

resident in the [mobile home park.] manufactured home community.

Enforcement of the [Mobile Home Park] Manufactured Home

Community Rights Act is by the Attorney General of the

Commonwealth of Pennsylvania or the District Attorney of the

county in which the [mobile home park] manufactured home

community is located. You may also bring a private cause of

action. If your rights are violated you may contact the State

Bureau of Consumer Protection or your local District Attorney."

Section 5.  Underskirting and Tie-down Equipment.--A [mobile

home park] manufactured home community owner or operator may

designate the type of material or manner of installation for

underskirting, awnings, porches, fences or other additions and

alterations to the exterior of the [mobile] manufactured home

and tie-down equipment used in a [mobile] manufactured home

space in order to insure the safety and good appearance of the

[mobile home park] manufactured home community, but under no

circumstances may a resident be required to purchase such

equipment from a supplier designated by the [park] community 

owner or operator.

Section 6.  Disclosure of Fees.--(a)  All rent, fees, service

charges and assessments shall be fully disclosed in writing to a

resident prior to the owner or operator's acceptance of any

initial deposit, fee or rent. Failure to disclose such rent,

fees, service charges and assessments shall render them void and

unenforceable in the courts of the Commonwealth. Increases in

such rent, fees, service charges and assessments shall be

unenforceable until 30 days after notice thereof has been posted

in the [mobile home park] manufactured home community and mailed

to the resident. However, rent shall not be increased during the

term of the lease.

(b)  Any rent increase to a senior resident may not exceed

the annual Social Security cost-of-living adjustment approved by

the Social Security Administration for that calendar year.

Section 7.  Appliance Installation Fees.--No [mobile home

park] manufactured home community owner or operator may restrict

the making of any interior improvements in a [mobile]

manufactured home so long as such improvements are in compliance

with applicable building codes and other provisions of law; nor

may he restrict the installation, service or maintenance of an

electric or gas appliance in a [mobile] manufactured home or

charge any fee for such installation unless the fee reflects the

actual cost to the [mobile home park] manufactured home

community owner or operator of such installation or its use.

Section 9.  Installation and Removal Fees.--Any fee charged

for the installation or removal of a [mobile home in a mobile

home] manufactured home in a manufactured home space shall not

exceed the actual cost to the [mobile home park] manufactured

home community owner or operator for providing such service.

Such fees shall be refundable to the resident at the time of

removal in the event that the owner or operator acts to recover

possession of said space for reasons other than nonpayment of

rent or breach of a condition of the lease within one year of

the initial installation of such [mobile] manufactured home.

Failure to refund such fees as provided shall entitle the tenant

to recover treble their amount plus court costs and reasonable

attorney fees.

Imposition of this type of entrance fee shall not bar the

[mobile home park] manufactured home community owner or operator

from requiring a reasonable security deposit in accordance with

the act of April 6, 1951 (P.L.69, No.20), known as "The Landlord

and Tenant Act of 1951."

Section 10.  Other Fees.--In accordance with a resident's

right to invite to his dwelling unit such social and business

visitors as he wishes, no fee may be charged for overnight

visitors or guests occupying a resident's [mobile] manufactured 

home. However, if such overnight visitors or guests so

frequently remain overnight for residential purposes so as to

increase the number of persons normally living in said unit, the

owner or operator of a [mobile home park] manufactured home

community may revise the rent due to conform to the rent paid by

other residents with a like number of members in their

household.

Section 11.  Sale of [Mobile] Manufactured Homes.--Any rule,

regulation or condition of a lease purporting to prevent the

sale of a [mobile] manufactured home belonging to a resident

shall be void and unenforceable in the courts of the

Commonwealth. The [mobile home park] manufactured home community 

owner or operator may reserve the right to approve the purchaser

of said [mobile] manufactured home as a resident, but such

approval may not be unreasonably withheld. Any claim for a fee

or commission in connection with the sale of such [mobile]

manufactured home shall be void and unenforceable unless the

claimant shall in fact have acted as a bona fide licensed

[mobile] manufactured home sales agent for the [mobile]

manufactured home owner pursuant to a separate written fee 

agreement.

Section 12.  Waiver of Rights.--The rights and duties of

[mobile home park] manufactured home community owners and

operators and the [mobile] manufactured home residents may not

be waived by any provisions of a written or oral agreement. Any

such agreement attempting to limit these rights shall be void

and unenforceable in the courts of the Commonwealth.

Section 13.  Damages.--Any [mobile home park] manufactured

home community owner, operator or resident aggrieved by a

violation of their rights under this act may institute a private

cause of action to recover damages, or for treble damages where

so provided in this act, or for restitution in any appropriate

court of initial jurisdiction within the Commonwealth.

Section 16.  Retaliatory Evictions.--Any action by a [mobile

home park] manufactured home community owner or operator to

recover possession of real property from a [mobile home park]

manufactured home community resident or to change the lease

within six months of a resident's assertion of his rights under

this act or any other legal right shall raise a presumption that

such action constitutes a retaliatory and unlawful eviction by

the owner or operator and is in violation of this act. Such a

presumption may be rebutted by competent evidence presented in

any appropriate court of initial jurisdiction within the

Commonwealth.

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