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| PRIOR PRINTER'S NOS. 3105, 3691 | PRINTER'S NO. 3798 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY R. TAYLOR, HARPER, BISHOP, BRADFORD, BRENNAN, D. COSTA, GRUCELA, HENNESSEY, KAUFFMAN, KORTZ, MURT, SIPTROTH, SWANGER, WATERS AND YOUNGBLOOD, JANUARY 20, 2010 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 25, 2010 |
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| AN ACT |
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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 short title and for definitions; |
5 | providing for written leases; further providing for |
6 | disclosure of fees; and making editorial changes. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The title and section 1 of the act of November |
10 | 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park |
11 | Rights Act, are amended to read: |
12 | AN ACT |
13 | Providing for the rights and duties of [mobile] manufactured |
14 | home owners or operators and [mobile] manufactured home |
15 | [residents] lessees. | <-- |
16 | Section 1. Short Title.--This act shall be known and may be |
17 | cited as the ["Mobile Home Park Rights Act."] "Manufactured Home |
18 | Community Owner Disclosure and Tenant Rights Act." | <-- |
19 | Section 2. Sections 2, 3 and 4 of the act are amended to |
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1 | read: |
2 | Section 2. Definitions.--As used in this act: |
3 | "Agency." The Office of Attorney General. |
4 | "Designated notification recipient lessee." A lessee who | <-- |
5 | designates in the lease a specific lessee and address for the |
6 | purposes of receiving all required notices with regard to the |
7 | manufactured home leased space. Delivery by certified or |
8 | registered mail to a lessee so designated shall be deemed |
9 | sufficient for purposes of this act. |
10 | "Eviction." The removal of a lessee, occupants and |
11 | manufactured home from a manufactured home community in |
12 | accordance with an order of possession by a court of the |
13 | Commonwealth. |
14 | "First-time lessee." The resident who places or causes to be |
15 | placed a manufactured home in a manufactured home community. |
16 | "Lessee." An entity that rents a manufactured home community |
17 | space and is the responsible party for the performance of the |
18 | terms of lease. |
19 | "Lessor." An operator that rents a manufactured home space |
20 | to a lessee and that is responsible for the performance of the |
21 | terms of lease. |
22 | ["Mobile home" means a] "Manufactured home." A | <-- |
23 | transportable, single-family dwelling unit intended for |
24 | permanent occupancy and constructed as a single unit, or as two |
25 | or more units designed to be joined into one integral unit |
26 | capable of again being separated for repeated towing, which |
27 | arrives at a site complete and ready for occupancy except for |
28 | minor and incidental unpacking and assembly operations, and |
29 | constructed so that it may be used without a permanent |
30 | foundation.] | <-- |
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1 | "Manufactured home." The term includes: |
2 | (1) A manufactured home as defined in section 603(6) of |
3 | the National Manufactured Housing Construction and Safety |
4 | Standards Act of 1974 (Public Law 93-383, 42 U.S.C. § |
5 | 5402(6)). |
6 | (2) A mobile home as defined in 75 Pa.C.S. § 102 |
7 | (relating to definitions). |
8 | ["Mobile home park" means any] "Manufactured home community." | <-- |
9 | community" or "community." A site, lot, field or tract of land, | <-- |
10 | privately or publicly owned or operated, upon which three or |
11 | more [mobile] manufactured homes, occupied for dwelling or |
12 | sleeping purposes, are or are intended to be located, regardless |
13 | of whether or not a charge is made for such accommodation. |
14 | "Manufactured home community owner" or "community owner." An |
15 | owner or operator of a manufactured home community. |
16 | "Manufactured home occupant." An individual who resides in a | <-- |
17 | manufactured home. |
18 | ["Mobile home resident" means an] "Manufactured home |
19 | resident." An owner of a [mobile] manufactured home who leases |
20 | or rents space in a [mobile home park] manufactured home |
21 | community. The term does not include a person who rents or |
22 | leases a [mobile] manufactured home. |
23 | ["Mobile home space" means a] "Manufactured home space." A |
24 | plot of ground within a [mobile home park] manufactured home |
25 | community designed for the accommodation of one [mobile] |
26 | manufactured home. |
27 | "Manufactured home space rental agreement" or "rental | <-- |
28 | agreement." Any mutual understanding or lease, whether oral or |
29 | written, between a manufactured home resident and a manufactured |
30 | home community owner in which the manufactured home resident is |
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1 | entitled to place that resident's manufactured home on a |
2 | manufactured home space for either direct or indirect |
3 | remuneration of the manufactured home community owner. The term |
4 | includes any ground rent charged to the manufactured home |
5 | resident. |
6 | "Operator of a manufactured home community" or "operator." |
7 | Either a person who establishes a manufactured home community on |
8 | land which is leased from another person or a person who has |
9 | been delegated the authority to act as the community owner in |
10 | matters relating to the administration and management of the |
11 | manufactured home community, including, but not limited to, |
12 | authority to make decisions relating to the manufactured home |
13 | community. |
14 | "Prospective lessee." A person who rents or owns a |
15 | manufactured home and is considering entering into a rental |
16 | agreement with a manufactured home owner or operator for a |
17 | manufactured home space. lease" or "lease." A written contract | <-- |
18 | between a manufactured home lessee and a manufactured home |
19 | community owner containing reciprocal rights and duties, |
20 | including the payment of rent for the use of ground for the |
21 | placement of a manufactured home in a manufactured home |
22 | community. |
23 | ["Rent" means ground] "Rent." Ground rent for a [mobile] |
24 | manufactured home [site] space. | <-- |
25 | "Rules and regulations." Policies and guidelines established | <-- |
26 | by a manufactured home community owner that relate to community |
27 | living. |
28 | "Service [charges" means charges] charges." Charges for |
29 | electricity, gas service which is underground and piped directly |
30 | to individual units within [the park] a manufactured home |
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1 | community, trash removal, sewage [and water], water, cable and |
2 | all other utilities. |
3 | Section 3. Evictions.--(a) A [mobile] manufactured home |
4 | [resident shall only be evicted for any] community owner may |
5 | terminate or refuse to renew the lease of a manufactured home | <-- |
6 | community resident lessee or may evict the resident a lessee and | <-- |
7 | manufactured home occupants only for one of the following |
8 | reasons: |
9 | (1) Nonpayment of rent. |
10 | (2) A second or subsequent violation of the rules of the |
11 | [mobile home park] manufactured home community occurring within |
12 | a six-month period. |
13 | (3) If there is a change in use of the [park] community land |
14 | or parts thereof. |
15 | (4) Termination of [mobile home park] the manufactured home | <-- |
16 | community. |
17 | (b) A [mobile] manufactured home [resident] lessee shall | <-- |
18 | only be evicted in accordance with the following procedure: |
19 | (1) A [resident] lessee shall not be evicted [by] for any | <-- |
20 | self-help measure. |
21 | (2) Prior to the commencement of any eviction proceeding or |
22 | the termination of or failure to renew the lease of a resident | <-- |
23 | lessee, the [mobile home park] manufactured home community owner | <-- |
24 | shall notify the [mobile home park] manufactured home community |
25 | [resident] lessee in writing of the particular breach or | <-- |
26 | violation of the lease or [park] community rules by certified or |
27 | registered mail. |
28 | (i) In the case of nonpayment of rent, the notice shall |
29 | state that an eviction proceeding may be commenced if the |
30 | [mobile] manufactured home [resident] lessee does not pay the | <-- |
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1 | overdue rent within 20 days from the date of service if the |
2 | notice is given on or after April 1 and before September 1, and |
3 | 30 days if given on or after September 1 and before April 1 or |
4 | an additional nonpayment of rent occurring within six months of |
5 | the giving of the notice may result in immediate eviction |
6 | proceedings. |
7 | (ii) In the case of a breach of the lease or violation of |
8 | the [park] community rules, other than nonpayment of rent, the |
9 | notice shall describe the particular breach or violation. No |
10 | eviction action shall be commenced nor shall the manufactured |
11 | home community owner terminate or refuse to renew the lease of |
12 | the manufactured home community resident lessee unless the | <-- |
13 | [mobile home park] manufactured home community [resident] lessee | <-- |
14 | has been notified as required by this section, and upon a second |
15 | or subsequent violation or breach occurring within six months, |
16 | the [mobile home park] manufactured home community owner may |
17 | commence eviction proceedings at any time within 60 days of the |
18 | last violation or breach. |
19 | (c) A [mobile] manufactured home community [resident] lessee | <-- |
20 | shall not be evicted nor shall the manufactured home community |
21 | owner terminate or refuse to renew the lease of a manufactured |
22 | home community resident lessee when there is proof that the | <-- |
23 | rules [he] the lessee is accused of violating are not enforced | <-- |
24 | with respect to the other [mobile] manufactured home [residents] | <-- |
25 | lessees or nonresidents on the [park] community premises. |
26 | Section 4. [Park] Community Rules and Regulations.--(a) |
27 | [The owner or operator of a [mobile home park] A manufactured | <-- |
28 | home community owner may at any time establish fair and | <-- |
29 | reasonable rules and regulations reasonably related to the |
30 | health, [or safety of residents in the [park] community or to | <-- |
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1 | the upkeep of the [park, provided such rules and regulations] | <-- |
2 | safety and upkeep of the community, provided the rules and | <-- |
3 | regulations are not arbitrary or capricious and are included in |
4 | any written lease and delivered to existing [residents] lessees | <-- |
5 | and are posted in [a] the public portion of the community office | <-- |
6 | or other conspicuous and readily accessible place in the [mobile |
7 | home park.] manufactured home community. |
8 | (b) All rules or rental charges shall be uniformly applied |
9 | to all [mobile] manufactured home [residents] lessees or | <-- |
10 | prospective [mobile] manufactured home [residents] occupants of | <-- |
11 | the same or similar category. When the lease or rental agreement |
12 | is oral, the [resident] lessee shall be provided with a written | <-- |
13 | copy of such rules and regulations prior to the owner's or |
14 | operator's acceptance of any initial deposit, fee or rent. In |
15 | addition a copy of this act shall be posted in [a] the public | <-- |
16 | portion of the community office or other conspicuous and readily |
17 | accessible place in the mobile home park and a copy of the |
18 | following notice shall be reproduced in capital typewritten |
19 | letters or in ten-point boldface print and be given to each |
20 | resident upon entering into the lease. |
21 | "IMPORTANT NOTICE REQUIRED BY LAW |
22 | The rules set forth below govern the terms of your lease or |
23 | occupancy agreement with this [mobile home park] manufactured |
24 | home community. The law requires all of these rules to be fair |
25 | and reasonable. |
26 | [You] As a lessee, you may continue to stay in this [park] | <-- |
27 | community as long as you pay your rent and other reasonable |
28 | fees, service charges and assessments hereinafter set forth and |
29 | abide by the rules of the [park] community. Entrance and exit |
30 | fees may not be charged. Installation and removal fees may not |
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1 | be charged in excess of the actual cost to the [mobile home |
2 | park] manufactured home community owner or operator for |
3 | providing such service for the installation or removal of a |
4 | [mobile home in a mobile] manufactured home in a manufactured |
5 | home space. |
6 | [You] As a lessee, you may be evicted for any of the | <-- |
7 | following reasons: |
8 | (1) Nonpayment of rent. |
9 | (2) A second or subsequent violation of the rules of the |
10 | [mobile home park] manufactured home community occurring within |
11 | a six-month period. |
12 | (3) If there is a change in use of the [park] community land |
13 | or parts thereof. |
14 | (4) Termination of [mobile home park.] manufactured home |
15 | community. |
16 | [You] As a lessee, you shall only be evicted in accordance | <-- |
17 | with the following procedure: |
18 | (1) A [resident] lessee shall not be evicted [by] for any | <-- |
19 | self-help measure. |
20 | (2) Prior to the commencement of any eviction proceeding, |
21 | the [mobile home park] manufactured home community owner shall |
22 | notify [you] the lessee in writing of the particular breach or | <-- |
23 | violation of the lease or [park] community rules by certified or |
24 | registered mail. |
25 | (i) In the case of nonpayment of rent, the notice shall |
26 | state that an eviction proceeding may be commenced if the |
27 | [mobile] manufactured home [resident] lessee does not pay the | <-- |
28 | overdue rent within 20 days from the date of service if the |
29 | notice is given on or after April 1 and before September 1, and |
30 | 30 days if given on or after September 1 and before April 1 or |
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1 | an additional nonpayment of rent occurring within six months of |
2 | the giving of the notice may result in immediate eviction |
3 | proceedings. |
4 | (ii) In the case of a breach of the lease or violation of |
5 | the [park] community rules, other than nonpayment of rent, the |
6 | notice shall describe the particular breach or violation. No |
7 | eviction action shall be commenced unless [you have] the lessee | <-- |
8 | has been notified as required by this section, and upon a second |
9 | or subsequent violation or breach occurring within six months, |
10 | the [mobile home park] manufactured home community owner may |
11 | commence eviction proceedings at any time within 60 days of the |
12 | last violation or breach. |
13 | [You] As a lessee, you shall not be evicted when there is | <-- |
14 | proof that the rules you as the lessee are accused of violating | <-- |
15 | are not enforced with respect to the other [mobile] manufactured |
16 | home residents or nonresidents on the [park] community premises. |
17 | In addition, no eviction proceeding for nonpayment of rent |
18 | may be commenced against you as the lessee until you have | <-- |
19 | received notice by certified or registered mail of the |
20 | nonpayment and have been given to pay the overdue rent 20 days |
21 | from the date of service if the notice is given on or after |
22 | April 1 and before September 1, and 30 days if given on or after |
23 | September 1 and before April 1. However, only one notice of |
24 | overdue rent is required to be sent to you as the lessee during | <-- |
25 | any six-month period. If a second or additional violation occurs |
26 | within six months from the date of the first notice then |
27 | eviction proceedings may be immediately started against you. |
28 | You are entitled to purchase goods or services from a seller |
29 | of your choice and the [park] community owner shall not restrict |
30 | your right to do so. |
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1 | If you desire to sell your [mobile] manufactured home, the |
2 | [mobile home park] manufactured home community owner may not |
3 | prevent the sale and may not claim any fee in connection |
4 | therewith, unless there exists a separate written fee agreement. |
5 | However, the [mobile home park] manufactured home community |
6 | owner may reserve the right to approve the purchaser as a |
7 | resident in the [mobile home park.] manufactured home community. |
8 | Enforcement of the [Mobile Home Park] Manufactured Home |
9 | Community Rights Act is by the Attorney General of the |
10 | Commonwealth of Pennsylvania or the District Attorney of the |
11 | county in which the [mobile home park] manufactured home |
12 | community is located. [You] As a lessee, you may also bring a | <-- |
13 | private cause of action. If your rights are violated you may |
14 | contact the State Bureau of Consumer Protection or your local |
15 | District Attorney." |
16 | Section 3. The act is amended by adding a section to read: |
17 | Section 4-A. Written Lease.--(a) Every lease for a |
18 | manufactured home space shall be in writing and shall be for a |
19 | duration term of one years month, unless a longer period is | <-- |
20 | mutually agreed upon by both the manufactured home resident | <-- |
21 | lessee and manufactured home community owner, and shall be | <-- |
22 | renewable except for good cause. | <-- |
23 | (b) Ground rents shall not change more than once in a 12- | <-- |
24 | month period. |
25 | (b) (c) Sixty days prior to the expiration of the term of a | <-- |
26 | manufactured home community lease, the manufactured home |
27 | community owner shall offer the manufactured home community | <-- |
28 | resident lessee a renewal lease for the same term and with the | <-- |
29 | same provisions as the original agreement, unless the |
30 | manufactured home community owner notifies the manufactured home | <-- |
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1 | community resident lessee in writing, at least sixty days prior | <-- |
2 | to the expiration of the lease. |
3 | Section 4. Sections 5, 6, 7, 9, 10, 11, 12, 13 and 16 of the |
4 | act are amended to read: |
5 | Section 5. Underskirting and Tie-down Equipment.--A [mobile |
6 | home park] manufactured home community owner or operator may |
7 | designate the type of material or manner of installation for |
8 | underskirting, awnings, porches, fences or other additions and |
9 | alterations to the exterior of the [mobile] manufactured home |
10 | and tie-down equipment [used in a [mobile] manufactured home | <-- |
11 | space] compliant with all applicable requirements of the act of | <-- |
12 | November 29, 2004 (P.L.1282, No.158), known as the Manufactured |
13 | Housing Improvement Act and the act of November 10, 1999 |
14 | (P.L.491, No.45), known as the Pennsylvania Construction Code |
15 | Act, in order to insure the safety and good appearance of the |
16 | [mobile home park] manufactured home community, but under no |
17 | circumstances may a resident be required to purchase such |
18 | equipment from a supplier designated by the [park] community |
19 | owner or operator. |
20 | Section 6. Disclosure of Fees.--(a) All rent, fees, service |
21 | charges and assessments payable to the community owner and | <-- |
22 | utility charges for water, sewer, trash, cable, electricity and |
23 | fuel charges payable to the owners or others shall be fully |
24 | disclosed in writing to a prospective manufactured home |
25 | [resident] lessee prior to the manufactured home community owner | <-- |
26 | or operator's acceptance of any initial deposit, fee or rent[.] |
27 | and prior to execution of the lot rental agreement manufactured | <-- |
28 | home space lease. For current manufactured home residents the |
29 | manufactured home community owner or operator shall fully |
30 | disclose all rent, fees, service charges and assessments payable | <-- |
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1 | to the community owner and utility charges for water, sewer, |
2 | trash, cable, electricity and fuel charges payable to others in |
3 | writing prior to the execution of a mandatory lease of at least |
4 | one year month in duration. | <-- |
5 | (b) The manufactured home community owner may request | <-- |
6 | require that the prospective lessee or current manufactured home | <-- |
7 | resident lessee sign a receipt indicating receipt of a copy of | <-- |
8 | the required disclosure and the manufactured home community |
9 | rules and regulations so long as these documents are clearly |
10 | identified in the receipt itself. The receipt shall indicate |
11 | nothing more than that the documents identified in the receipt |
12 | have been received by the manufactured home resident lessee. | <-- |
13 | (c) Failure to disclose such rent, fees, service charges and |
14 | assessments shall render them void and unenforceable in the |
15 | courts of the Commonwealth. Increases in such rent, fees, |
16 | service charges and assessments payable to the owner shall be | <-- |
17 | unenforceable until 30 days after notice thereof has been posted |
18 | in the [mobile home park] public portion of the community office | <-- |
19 | or other conspicuous and readily accessible place in the |
20 | manufactured home community and mailed to the manufactured home |
21 | [resident] lessee. However, rent shall not be increased during | <-- |
22 | the term of the lease. |
23 | (d) The written disclosure shall contain a cover sheet with |
24 | the following statement in 12-point, sans-serif type, except the |
25 | term "15 "five days" in the final paragraph of the notice shall | <-- |
26 | appear in 16-point, sans-serif, bold type. |
27 | This document contains important information regarding |
28 | your legal rights and your financial obligations in |
29 | leasing or renewing or signing a new lease for a |
30 | manufactured home space. Make sure that you read the |
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1 | entire document and seek legal advice if you have any |
2 | questions regarding the information stated in this |
3 | document. |
4 | The statements contained in this disclosure are only |
5 | summary in nature. A prospective lessee should refer to |
6 | all references, including all the lease or rental | <-- |
7 | agreement documents as well as any rules and regulations |
8 | that have been established for the manufactured home |
9 | community. Oral representations should not be relied on |
10 | as correctly stating the representations of the |
11 | manufactured home community owner or operator. Instead, |
12 | you should refer to the lease or rental agreement and | <-- |
13 | required disclosure documents for correct |
14 | representations. You should also refer to the act of |
15 | November 24, 1976 (P.L.1176, No.261), known as the |
16 | Manufactured Home Community Owner Disclosure and Tenant | <-- |
17 | Rights Act, to become familiar with your obligations and | <-- |
18 | rights as a manufactured home resident. |
19 | You have 15 five days from the date you received this | <-- |
20 | documentation to cancel your agreement in writing to the |
21 | manufactured home community owner or operator. |
22 | (e) All new leases, lease extensions and lease renewals |
23 | shall contain the following full disclosures: |
24 | (1) The manner in which utility and other services, |
25 | including, but not limited to, sewage and waste disposal, cable |
26 | television, water supply and storm drainage, will be provided, |
27 | and the entity providing them. The services and the lot rental |
28 | amount or user fees charged by the manufactured home community |
29 | owner for the services provided by the manufactured home |
30 | community owner shall also be disclosed. |
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1 | (2) An explanation of the manner in which the manufactured |
2 | home space rental amount will be increased, including, but not |
3 | limited to, notification to the manufactured home resident | <-- |
4 | lessee at least 90 60 days in advance of the increase. | <-- |
5 | (3) Disclosure of any factors that may affect the lot rental |
6 | amount, including, but not limited to these factors: | <-- |
7 | (i) Water rates. |
8 | (ii) Sewer rates. |
9 | (iii) Waste disposal rates. |
10 | (iv) Maintenance costs, including costs of deferred |
11 | maintenance. |
12 | (v) Management costs. |
13 | (vi) Property taxes. |
14 | (vii) Major repairs or improvements. |
15 | (viii) Any other fees, costs, assessments or service charges |
16 | that the manufactured home resident lessee is required to pay or | <-- |
17 | that the manufactured home owner or operator intends to charge |
18 | during the terms of the lease or rental agreement. | <-- |
19 | (4) Disclosure of the manner in which the pass-through |
20 | charges will be assessed. |
21 | (5) A report of the utility fees charged for the |
22 | manufactured home space during the previous year paid to the | <-- |
23 | operator by a prior lessee during the previous 12 months. |
24 | (6) Disclosure of all user fees currently charged for |
25 | services offered which the manufactured home resident lessee may | <-- |
26 | elect to incur and the manner in which the fees will be |
27 | increased. |
28 | (7) Any manufactured home community rules and regulations |
29 | that have been established and an explanation of the manner in |
30 | which the rules and regulations will be set, changed or |
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1 | promulgated. |
2 | (8) A calculation of the rent history for the three full |
3 | calendar years immediately preceding the prospective initial |
4 | rental agreement date. This information shall be for basic |
5 | manufactured home space rental only and does not apply to other |
6 | fees such as late charges and guest fees. The calculation shall |
7 | be made as of January of each year by adding the dollar amounts |
8 | and percentage amounts for aggregate rental increases, if any, |
9 | that took effect in the prior calendar year for every |
10 | manufactured home space in the manufactured home community and |
11 | dividing that number by the total number of occupied |
12 | manufactured home spaces for which rent was or could have been |
13 | increased. Additionally, the calculation of rent history shall |
14 | be posted at in the public portion of the manufactured home | <-- |
15 | community's rental office or other conspicuous and readily | <-- |
16 | accessible place and in the same place as any rules and |
17 | regulations that have been established for the manufactured home |
18 | community are posted. |
19 | (9) Citations or other documents from Federal, State or |
20 | local governmental agencies which require the manufactured home |
21 | community owner to take corrective action, including citations |
22 | from the Department of Environmental Protection regarding water |
23 | and sewage. Such information shall also be posted within the |
24 | community in the same place as manufactured home community rules |
25 | and regulations are displayed until the corrective action has | <-- |
26 | been completed. |
27 | Section 7. Appliance Installation Fees.--No [mobile home |
28 | park] manufactured home community owner or operator may restrict |
29 | the making of any interior improvements in a [mobile] |
30 | manufactured home so long as such improvements are in compliance |
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1 | with applicable building codes and other provisions of law; nor |
2 | may he restrict the installation, service or maintenance of an |
3 | electric or gas appliance in a [mobile] manufactured home or |
4 | charge any fee for such installation unless the fee reflects the |
5 | actual cost to the [mobile home park] manufactured home |
6 | community owner or operator of such installation or its use. |
7 | Section 9. Installation and Removal Fees.--(a) Any fee | <-- |
8 | charged by the community owner for the installation or removal | <-- |
9 | of a [mobile home in a mobile home] manufactured home in a |
10 | manufactured home space shall not exceed the actual cost to the |
11 | [mobile home park] manufactured home community owner or operator |
12 | for providing such service. Such fees shall be refundable to the |
13 | [resident] lessee at the time of removal in the event that the | <-- |
14 | owner or operator acts to recover possession of said space for |
15 | reasons other than nonpayment of rent or breach of a condition |
16 | of the lease within one year of the initial installation of such |
17 | [mobile] manufactured home. Failure to refund such fees as |
18 | provided shall entitle the [tenant] lessee to recover treble | <-- |
19 | their amount plus court costs and reasonable attorney fees. |
20 | [Imposition of] (b) Limitations on this type of [entrance] | <-- |
21 | installation fee shall not bar the [mobile home park] |
22 | manufactured home community owner or operator from requiring a |
23 | reasonable security deposit in accordance with the act of April |
24 | 6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant Act |
25 | of 1951." |
26 | Section 10. Other Fees.--In accordance with a [resident's] | <-- |
27 | lessee's right to invite to [his] the lessee's dwelling unit | <-- |
28 | such social and business visitors as [he] the lessee wishes, no | <-- |
29 | fee may be charged for overnight visitors or guests occupying a |
30 | [resident's [mobile] lessee's manufactured home. However, if | <-- |
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1 | such overnight visitors or guests so frequently remain overnight |
2 | for residential purposes so as to increase the number of persons |
3 | normally living in [said] the unit, the owner or operator of a | <-- |
4 | [mobile home park] manufactured home community may revise the |
5 | rent due to conform to the rent paid by other [residents] | <-- |
6 | lessees with a like number of members in their household. |
7 | Section 11. Sale of [Mobile] Manufactured Homes.--(a) Any | <-- |
8 | rule, regulation or condition of a lease purporting to prevent |
9 | the sale of a [mobile] manufactured home belonging to a |
10 | [resident] lessee shall be void and unenforceable in the courts | <-- |
11 | of the Commonwealth. The [mobile home park] manufactured home |
12 | community owner or operator may reserve the right to approve the |
13 | purchaser of said [mobile] manufactured home as a [resident] | <-- |
14 | lessee, but such approval may not be unreasonably withheld. Any |
15 | claim for a fee or commission in connection with the sale of |
16 | such [mobile] manufactured home shall be void and unenforceable |
17 | unless the claimant shall in fact have acted as a bona fide |
18 | licensed [mobile] manufactured home sales agent for the [mobile] |
19 | manufactured home owner pursuant to a separate written fee |
20 | agreement. |
21 | (b) Prior to a lessee or occupant in a manufactured home | <-- |
22 | community offering a manufactured home for sale, the lessee or |
23 | occupant must obtain from the community operator the then- |
24 | current disclosure document required by this act and provide a |
25 | copy to any prospective buyer along with an attached sheet of |
26 | paper with the following information printed in 12-point |
27 | boldfaced type: |
28 | Be advised that this manufactured home offered for sale |
29 | is subject to the Manufactured Home Communities Rights |
30 | Act and a written lease required under that law. You are |
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1 | advised that the community in which this home is now |
2 | placed requires an approved application for lessees and |
3 | occupants and a fully executed lease prior to your right |
4 | to reside in the community. |
5 | You shall have a minimum of 5 days after receiving this |
6 | disclosure required under the Manufactured Home |
7 | Communities Rights Act to void the transaction with the |
8 | operator, if any, and, if terminated, you shall be |
9 | returned any deposits and rents paid to the operator of |
10 | the community. |
11 | (c) Failure of the resident seller to obtain a dated |
12 | acknowledgment from the prospective buyer of the manufactured |
13 | home of receipt of the disclosure may be grounds for |
14 | cancellation of the sale by the buyer. |
15 | Section 12. Waiver of Rights.--The rights and duties of |
16 | [mobile home park] manufactured home community owners and |
17 | operators and the [mobile] manufactured home [residents] lessees | <-- |
18 | may not be waived by any provisions of a written or oral |
19 | agreement. Any such agreement attempting to limit these rights |
20 | shall be void and unenforceable in the courts of the |
21 | Commonwealth. |
22 | Section 13. Damages.--(a) Any [mobile home park] |
23 | manufactured home community owner, operator or [resident] lessee | <-- |
24 | aggrieved by a violation of their rights under this act may |
25 | institute a private cause of action to recover damages, or for |
26 | treble damages where so provided in this act, or for restitution |
27 | in any appropriate court of initial jurisdiction within the |
28 | Commonwealth. |
29 | (b) If disclosure as required in by section 6 was not | <-- |
30 | provided to the manufactured home community prospective first- |
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1 | time lessee prior to execution of the manufactured home space |
2 | rental agreement or prior to initial occupancy of a manufactured |
3 | home, the rental agreement is voidable by the lessee until 15 | <-- |
4 | five days after the receipt of the disclosure by the lessee. | <-- |
5 | (c) To cancel the rental agreement, the prospective first- |
6 | time lessee shall deliver written notice to the manufactured |
7 | home community owner or operator within 15 five days after | <-- |
8 | receipt of the disclosure and shall thereupon be entitled to a |
9 | refund from the owner or operator of the community of any | <-- |
10 | deposit together with relocation installation costs for the | <-- |
11 | manufactured home, or the market value thereof, including any | <-- |
12 | appurtenances thereto paid for by the manufactured home |
13 | resident, from the manufactured home community owner or operator |
14 | paid to the owner or operator of the community park by the | <-- |
15 | manufactured home occupant. |
16 | (d) The manufactured home community owner or operator may |
17 | not collect rent from a prospective first-time lessee until the |
18 | manufactured home community owner or operator and the lessee |
19 | have entered into the rental agreement. |
20 | (e) When the manufactured home community owner or operator |
21 | and a manufactured home resident lessee execute a new, renewed | <-- |
22 | or extended space rental agreement for a manufactured home |
23 | space, the manufactured home community owner or operator may not |
24 | collect rent from the manufactured home resident lessee until | <-- |
25 | the manufactured home community owner or operator and the |
26 | manufactured home resident lessee have entered into the new, | <-- |
27 | renewed or extended rental agreement. The lease. After receiving | <-- |
28 | 60 days' notice of the community owner's or operator's intent to |
29 | offer a new lease, the manufactured home resident occupant shall | <-- |
30 | have 30 days to either accept the new, renewed or extended |
|
1 | rental agreement or to notify the manufactured home community |
2 | owner or operator of intent to vacate within 30 days. No rent or | <-- |
3 | lease charges shall be effective against a lessee or occupant |
4 | prior to the 61st day after receiving the owner or operator |
5 | notice. |
6 | (f) A manufactured home resident lessee who chooses not to | <-- |
7 | enter into a new, renewed or extended rental agreement shall |
8 | have 60 days from the date of notification of intent to vacate |
9 | the manufactured home community, to enter into contract to sell |
10 | or to relocate the manufactured home. So long as the |
11 | manufactured home community owner or operator complied with |
12 | disclosure as provided in section 6, the manufactured home |
13 | resident not entering lessee who does not enter into a new, | <-- |
14 | extended or renewed rental agreement shall not be entitled to |
15 | relocation costs. |
16 | Section 16. Retaliatory Evictions.--Any action by a [mobile |
17 | home park] manufactured home community owner or operator to |
18 | recover possession of real property from a [mobile home park] | <-- |
19 | manufactured home community resident] manufactured home | <-- |
20 | community lessee or to change the lease within six months of a |
21 | [resident's] lessee's assertion of [his] rights under this act | <-- |
22 | or any other legal right shall raise a presumption that such |
23 | action constitutes a retaliatory and unlawful eviction by the |
24 | owner or operator and is in violation of this act. Such a |
25 | presumption may be rebutted by competent evidence presented in |
26 | any appropriate court of initial jurisdiction within the |
27 | Commonwealth. |
28 | Section 5. This act shall apply to: |
29 | (1) New sales and leases of manufactured home community |
30 | spaces entered into after November 30, 2010 the effective | <-- |
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1 | date of this section. |
2 | (2) Extensions and renewals of leases of manufactured |
3 | home community spaces entered into after November 30, 2010 | <-- |
4 | the effective date of this act. | <-- |
5 | Section 6. This act shall take effect in 60 150 days. | <-- |
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