| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3105, 3691, 3798, 4279 | PRINTER'S NO. 4391 |
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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, YOUNGBLOOD AND QUINN, JANUARY 20, 2010 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 28, 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 Rights Act." |
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1 | Section 2. Sections 2, 3 and 4 of the act are amended to |
2 | read: |
3 | Section 2. Definitions.--As used in this act: |
4 | "Agency." The Office of Attorney General. |
5 | "Designated notification recipient lessee." A lessee who |
6 | designates in the lease a specific lessee and address for the |
7 | purposes of receiving all required notices with regard to the |
8 | manufactured home leased space. Delivery by certified or |
9 | registered mail to a lessee so designated shall be deemed |
10 | sufficient for purposes of this act. |
11 | "Eviction." The removal of a lessee, occupants and |
12 | manufactured home from a manufactured home community in |
13 | accordance with an order of possession by a court of the |
14 | Commonwealth. |
15 | "First-time lessee." The resident who places or causes to be |
16 | placed a manufactured home in a manufactured home community. |
17 | "Lessee." An entity A person that rents a manufactured home | <-- |
18 | community space and is the responsible party for the performance |
19 | of the terms of lease. |
20 | "Lessor." An operator that rents a manufactured home space |
21 | to a lessee and that is responsible for the performance of the |
22 | terms of lease. |
23 | ["Mobile home" means a transportable, single-family dwelling |
24 | unit intended for permanent occupancy and constructed as a |
25 | single unit, or as two or more units designed to be joined into |
26 | one integral unit capable of again being separated for repeated |
27 | towing, which arrives at a site complete and ready for occupancy |
28 | except for minor and incidental unpacking and assembly |
29 | operations, and constructed so that it may be used without a |
30 | permanent foundation.] |
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1 | "Manufactured home." The term includes: |
2 | (1) A manufactured home as defined in section 603(6) of the |
3 | National Manufactured Housing Construction and Safety Standards |
4 | Act of 1974 (Public Law 93-383, 42 U.S.C. § 5402(6)). |
5 | (2) A mobile home as defined in 75 Pa.C.S. § 102 (relating |
6 | to definitions). |
7 | ["Mobile home park" means any] "Manufactured home community" |
8 | or "community." A site, lot, field or tract of land, privately |
9 | or publicly owned or operated, upon which three or more [mobile] |
10 | manufactured homes, occupied for dwelling or sleeping purposes, |
11 | are or are intended to be located, regardless of whether or not |
12 | a charge is made for such accommodation. |
13 | "Manufactured home community owner" or "community owner." An |
14 | owner or operator of a manufactured home community. |
15 | "Manufactured home occupant." An individual who resides in a |
16 | manufactured home, who is either a lessee or a manufactured home | <-- |
17 | resident. |
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 lease" or "lease." A written |
28 | contract between a manufactured home lessee and a manufactured |
29 | home community owner containing reciprocal rights and duties, |
30 | including the payment of rent for the use of ground for the |
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1 | placement of a manufactured home in a manufactured home |
2 | community. |
3 | ["Rent" means ground] "Rent." Ground rent for a [mobile] |
4 | manufactured home [site] space. |
5 | "Rules and regulations." Policies and guidelines established |
6 | by a manufactured home community owner that relate to community |
7 | living. |
8 | "Service [charges" means charges] charges." Charges for |
9 | electricity, gas service which is underground and piped directly |
10 | to individual units within [the park] a manufactured home |
11 | community, trash removal, sewage [and water], water, Internet, | <-- |
12 | cable and all other utilities. |
13 | Section 3. Evictions.--(a) A [mobile] manufactured home |
14 | [resident shall only be evicted for any] community owner may |
15 | terminate or refuse to renew the lease of a lessee or may evict |
16 | a lessee and manufactured home occupants only for one of the |
17 | following reasons: |
18 | (1) Nonpayment of rent. |
19 | (2) A second or subsequent violation of the rules of the |
20 | [mobile home park] manufactured home community occurring within |
21 | a six-month period. |
22 | (3) If there is a change in use of the [park] community land |
23 | or parts thereof. |
24 | (4) Termination of [mobile home park] the manufactured home |
25 | community. |
26 | (b) A [mobile] manufactured home [resident] lessee shall |
27 | only be evicted in accordance with the following procedure: |
28 | (1) A [resident] lessee shall not be evicted by any self- |
29 | help measure. |
30 | (2) Prior to the commencement of any eviction proceeding or |
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1 | the termination of or failure to renew the lease of a lessee, |
2 | the [mobile home park] manufactured home community owner shall |
3 | notify the [mobile home park] manufactured home community |
4 | [resident] lessee in writing of the particular breach or |
5 | violation of the lease or [park] community rules by certified or |
6 | registered mail. |
7 | (i) In the case of nonpayment of rent, the notice shall |
8 | state that an eviction proceeding may be commenced if the |
9 | [mobile] manufactured home [resident] lessee does not pay the |
10 | overdue rent within 20 days from the date of service if the |
11 | notice is given on or after April 1 and before September 1, and |
12 | 30 days if given on or after September 1 and before April 1 or |
13 | an additional nonpayment of rent occurring within six months of |
14 | the giving of the notice may result in immediate eviction |
15 | proceedings. |
16 | (ii) In the case of a breach of the lease or violation of |
17 | the [park] community rules, other than nonpayment of rent, the |
18 | notice shall describe the particular breach or violation. No |
19 | eviction action shall be commenced nor shall the manufactured |
20 | home community owner terminate or refuse to renew the lease of |
21 | the manufactured home community lessee unless the [mobile home |
22 | park] manufactured home community [resident] lessee has been |
23 | notified as required by this section, and upon a second or |
24 | subsequent violation or breach occurring within six months, the |
25 | [mobile home park] manufactured home community owner may |
26 | commence eviction proceedings at any time within 60 days of the |
27 | last violation or breach. |
28 | (c) A [mobile] manufactured home community [resident] lessee |
29 | shall not be evicted nor shall the manufactured home community |
30 | owner terminate or refuse to renew the lease of a manufactured |
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1 | home community lessee when there is proof that the rules [he] |
2 | the lessee is accused of violating are not enforced with respect |
3 | to the other [mobile] manufactured home [residents] lessees or |
4 | nonresidents on the [park] community premises. |
5 | Section 4. [Park] Community Rules and Regulations.--(a) [The |
6 | owner or operator of a mobile home park] A manufactured home |
7 | community owner may at any time establish fair and reasonable |
8 | rules and regulations reasonably related to the health, [or |
9 | safety of residents in the park or to the upkeep of the park, |
10 | provided such rules and regulations] safety and upkeep of the |
11 | community, provided the rules and regulations are not arbitrary |
12 | or capricious and are included in any written lease and |
13 | delivered to existing [residents] lessees and are posted in [a] |
14 | the public portion of the community office or other conspicuous |
15 | and readily accessible place in the [mobile home park.] |
16 | manufactured home community. |
17 | (b) All rules or rental charges shall be uniformly applied |
18 | to all [mobile] manufactured home [residents] lessees or |
19 | prospective [mobile] manufactured home [residents] occupants of |
20 | the same or similar category. [When the lease or rental | <-- |
21 | agreement is oral, the [resident] lessee shall be provided with | <-- |
22 | a written copy of such rules and regulations prior to the |
23 | owner's or operator's acceptance of any initial deposit, fee or |
24 | rent.] The lessee shall be provided with a written copy of the | <-- |
25 | rules and regulations prior to the owner's or operator's |
26 | acceptance of any initial deposit, fee or rent. In addition a |
27 | copy of this act shall be posted in [a] the public portion of |
28 | the community office or other conspicuous and readily accessible |
29 | place in the mobile home park and a copy of the following notice |
30 | shall be reproduced in capital typewritten letters or in ten- |
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1 | point boldface print and be given to each resident upon entering |
2 | into the lease. |
3 | "IMPORTANT NOTICE REQUIRED BY LAW |
4 | The rules set forth below govern the terms of your lease or |
5 | occupancy agreement with this [mobile home park] manufactured |
6 | home community. The law requires all of these rules to be fair |
7 | and reasonable. |
8 | [You] As a lessee, you may continue to stay in this [park] |
9 | community as long as you pay your rent and other reasonable |
10 | fees, service charges and assessments hereinafter set forth and |
11 | abide by the rules of the [park] community. Entrance and exit |
12 | fees may not be charged. Installation and removal fees may not |
13 | be charged in excess of the actual cost to the [mobile home |
14 | park] manufactured home community owner or operator for |
15 | providing such service for the installation or removal of a |
16 | [mobile home in a mobile] manufactured home in a manufactured |
17 | home space. |
18 | [You] As a lessee, you may be evicted for any of the |
19 | following reasons: |
20 | (1) Nonpayment of rent. |
21 | (2) A second or subsequent violation of the rules of the |
22 | [mobile home park] manufactured home community occurring within |
23 | a six-month period. |
24 | (3) If there is a change in use of the [park] community land |
25 | or parts thereof. |
26 | (4) Termination of [mobile home park.] manufactured home |
27 | community. |
28 | [You] As a lessee, you shall only be evicted in accordance |
29 | with the following procedure: |
30 | (1) A [resident] lessee shall not be evicted by any self- |
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1 | help measure. |
2 | (2) Prior to the commencement of any eviction proceeding, |
3 | the [mobile home park] manufactured home community owner shall |
4 | notify [you] the lessee in writing of the particular breach or |
5 | violation of the lease or [park] community rules by certified or |
6 | registered mail. |
7 | (i) In the case of nonpayment of rent, the notice shall |
8 | state that an eviction proceeding may be commenced if the |
9 | [mobile] manufactured home [resident] lessee does not pay the |
10 | overdue rent within 20 days from the date of service if the |
11 | notice is given on or after April 1 and before September 1, and |
12 | 30 days if given on or after September 1 and before April 1 or |
13 | an additional nonpayment of rent occurring within six months of |
14 | the giving of the notice may result in immediate eviction |
15 | proceedings. |
16 | (ii) In the case of a breach of the lease or violation of |
17 | the [park] community rules, other than nonpayment of rent, the |
18 | notice shall describe the particular breach or violation. No |
19 | eviction action shall be commenced unless [you have] the lessee |
20 | has been notified as required by this section, and upon a second |
21 | or subsequent violation or breach occurring within six months, |
22 | the [mobile home park] manufactured home community owner may |
23 | commence eviction proceedings at any time within 60 days of the |
24 | last violation or breach. |
25 | [You] As a lessee, you shall not be evicted when there is |
26 | proof that the rules you as the lessee are accused of violating |
27 | are not enforced with respect to the other [mobile] manufactured |
28 | home residents or nonresidents on the [park] community premises. |
29 | In addition, no eviction proceeding for nonpayment of rent |
30 | may be commenced against you as the lessee until you have |
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1 | received notice by certified or registered mail of the |
2 | nonpayment and have been given to pay the overdue rent 20 days |
3 | from the date of service if the notice is given on or after |
4 | April 1 and before September 1, and 30 days if given on or after |
5 | September 1 and before April 1. However, only one notice of |
6 | overdue rent is required to be sent to you as the lessee during |
7 | any six-month period. If a second or additional violation occurs |
8 | within six months from the date of the first notice then |
9 | eviction proceedings may be immediately started against you. |
10 | You are entitled to purchase goods or services from a seller |
11 | of your choice and the [park] community owner shall not restrict |
12 | your right to do so. |
13 | If you desire to sell your [mobile] manufactured home, the |
14 | [mobile home park] manufactured home community owner may not |
15 | prevent the sale and may not claim any fee in connection |
16 | therewith, unless there exists a separate written fee agreement. |
17 | However, the [mobile home park] manufactured home community |
18 | owner may reserve the right to approve the purchaser as a |
19 | resident in the [mobile home park.] manufactured home community. |
20 | Enforcement of the [Mobile Home Park] Manufactured Home |
21 | Community Rights Act is by the Attorney General of the |
22 | Commonwealth of Pennsylvania or the District Attorney of the |
23 | county in which the [mobile home park] manufactured home |
24 | community is located. [You] As a lessee, you may also bring a |
25 | private cause of action. If your rights are violated you may |
26 | contact the State Bureau of Consumer Protection or your local |
27 | District Attorney." |
28 | Section 3. The act is amended by adding a section to read: |
29 | Section 4-A. Written Lease.--(a) Every lease for a |
30 | manufactured home space shall be in writing and shall be for a |
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1 | duration term of one month, unless a longer period is mutually |
2 | agreed upon by both the lessee and manufactured home community |
3 | owner, and shall be renewable. |
4 | (b) Ground rents Rents for a mobile home site, commonly | <-- |
5 | known as ground rents, shall not change more than once in a 12- |
6 | month period. |
7 | (c) Sixty For each lease period over 60 days prior to the | <-- |
8 | expiration of the term of a manufactured home community lease, |
9 | the manufactured home community owner shall offer the lessee a |
10 | renewal lease for the same term and with the same provisions as |
11 | the original agreement, unless the manufactured home community |
12 | owner notifies the lessee in writing of any changes, at least | <-- |
13 | SIXTY 60 days prior to the expiration of the lease. | <-- |
14 | Section 4. Sections 5, 6, 7, 9, 10, 11, 12, 13 and 16 of the |
15 | act are amended to read: |
16 | Section 5. Underskirting and Tie-down Equipment.--A [mobile |
17 | home park] manufactured home community owner or operator may |
18 | designate the type of material or manner of installation for |
19 | underskirting, awnings, porches, fences or other additions and |
20 | alterations to the exterior of the [mobile] manufactured home |
21 | and tie-down equipment [used in a mobile home space] compliant |
22 | with all applicable requirements of the act of November 29, 2004 |
23 | (P.L.1282, No.158), known as the Manufactured Housing |
24 | Improvement Act and the act of November 10, 1999 (P.L.491, |
25 | No.45), known as the Pennsylvania Construction Code Act, in |
26 | order to insure the safety and good appearance of the [mobile |
27 | home park] manufactured home community, but under no |
28 | circumstances may a resident be required to purchase such |
29 | equipment from a supplier designated by the [park] community |
30 | owner or operator. |
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1 | Section 6. Disclosure of Fees.--(a) All rent, fees, service |
2 | charges and assessments payable to the community owner and |
3 | utility charges for water, sewer, trash, Internet, cable, | <-- |
4 | electricity and fuel charges payable to the owners or others and | <-- |
5 | notice of any other utility charges for which the lessee may be |
6 | responsible shall be fully disclosed in writing to a prospective |
7 | manufactured home [resident] lessee prior to the manufactured |
8 | home community owner or operator's acceptance of any initial |
9 | deposit, fee or rent[.] and prior to execution of the |
10 | manufactured home space lease. For current manufactured home |
11 | residents the manufactured home community owner or operator |
12 | shall fully disclose all rent, fees, service charges and |
13 | assessments payable to the community owner and utility charges |
14 | for water, sewer, trash, cable, electricity and fuel charges |
15 | payable to others in writing prior to the execution of a |
16 | mandatory lease of at least one month in duration. |
17 | (b) The manufactured home community owner may require that |
18 | the prospective lessee or current lessee sign a receipt |
19 | indicating receipt of a copy of the required disclosure and the |
20 | manufactured home community rules and regulations so long as |
21 | these documents are clearly identified in the receipt itself. |
22 | The receipt shall indicate nothing more than that the documents |
23 | identified in the receipt have been received by the lessee. |
24 | (c) Failure to disclose such rent, fees, service charges and |
25 | assessments shall render them void and unenforceable in the |
26 | courts of the Commonwealth. Increases in such rent, fees, |
27 | service charges and assessments payable to the owner shall be |
28 | unenforceable until 30 days after notice thereof has been posted |
29 | in the [mobile home park] public portion of the community office |
30 | or other conspicuous and readily accessible place in the |
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1 | manufactured home community and mailed to the manufactured home |
2 | [resident] lessee. However, rent shall not be increased during |
3 | the term of the lease. |
4 | (d) The written disclosure shall contain a cover sheet with |
5 | the following statement in 12-point, sans-serif type, except the |
6 | term "five days" in the final paragraph of the notice shall |
7 | appear in 16-point, sans-serif, bold type. |
8 | This document contains important information regarding your |
9 | legal rights and your financial obligations in leasing or |
10 | renewing or signing a new lease for a manufactured home |
11 | space. Make sure that you read the entire document and seek |
12 | legal advice if you have any questions regarding the |
13 | information stated in this document. |
14 | The statements contained in this disclosure are only summary |
15 | in nature. A prospective lessee should refer to all |
16 | references, including all lease or rental agreement documents |
17 | as well as any rules and regulations that have been |
18 | established for the manufactured home community. Oral |
19 | representations should not be relied on as correctly stating |
20 | the representations of the manufactured home community owner |
21 | or operator. Instead, you should refer to the lease or rental |
22 | agreement and required disclosure documents for correct |
23 | representations. You should also refer to the act of November |
24 | 24, 1976 (P.L.1176, No.261), known as the Manufactured Home |
25 | Community Rights Act, to become familiar with your |
26 | obligations and rights as a manufactured home resident. |
27 | You have five calendar days from the date you received this | <-- |
28 | documentation to cancel your agreement in writing to the |
29 | manufactured home community owner or operator. |
30 | (e) All new leases, lease extensions and lease renewals, | <-- |
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1 | which are for more than a 60-day period, shall contain the |
2 | following full disclosures: |
3 | (1) The manner in which utility and other services, |
4 | including, but not limited to, sewage and waste disposal, cable |
5 | television, water supply and storm drainage, will be provided, |
6 | and the entity providing them. The services and the lot rental |
7 | amount or user fees charged by the manufactured home community |
8 | owner for the services provided by the manufactured home |
9 | community owner shall also be disclosed. |
10 | (2) An explanation of the manner in which the manufactured |
11 | home space rental amount will be increased, including, but not |
12 | limited to, notification to the manufactured home lessee at |
13 | least 60 days in advance of the increase. |
14 | (3) Disclosure of any factors that may affect the lot rental |
15 | amount, including, but not limited to these factors: |
16 | (i) Water rates. |
17 | (ii) Sewer rates. |
18 | (iii) Waste disposal rates. |
19 | (iv) Maintenance costs, including costs of deferred |
20 | maintenance. |
21 | (v) Management costs. |
22 | (vi) Property taxes. |
23 | (vii) Major repairs or improvements. |
24 | (viii) Any other fees, costs, assessments or service charges |
25 | that the manufactured home lessee is required to pay or that the |
26 | manufactured home owner or operator intends to charge during the |
27 | terms of the lease or rental agreement. |
28 | (4) Disclosure of the manner in which the pass-through |
29 | charges will be assessed. |
30 | (5) A report of the utility fees charged for the |
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1 | manufactured home space paid to the operator community owner by | <-- |
2 | a prior lessee during the previous 12 months. |
3 | (6) Disclosure of all user fees service charges currently | <-- |
4 | charged for services offered which the manufactured home lessee |
5 | may elect to incur and the manner in which the fees will be |
6 | increased. |
7 | (7) Any manufactured home community rules and regulations |
8 | that have been established and an explanation of the manner in |
9 | which the rules and regulations will be set, changed or |
10 | promulgated. |
11 | (8) A calculation of the The rent history of the | <-- |
12 | manufactured home space for the three full calendar years |
13 | immediately preceding the prospective initial rental agreement |
14 | date. This information shall be for basic manufactured home |
15 | space rental only and does not apply to other fees such as late |
16 | charges and guest fees. The calculation shall be made as of | <-- |
17 | January of each year by adding the dollar amounts and percentage |
18 | amounts for aggregate rental increases, if any, that took effect |
19 | in the prior calendar year for every manufactured home space in |
20 | the manufactured home community and dividing that number by the |
21 | total number of occupied manufactured home spaces for which rent |
22 | was or could have been increased. Additionally, the calculation |
23 | of rent history shall be posted in the public portion of the |
24 | manufactured home community's rental office or other conspicuous |
25 | and readily accessible place and in the same place as any rules |
26 | and regulations that have been established for the manufactured |
27 | home community are posted. |
28 | (9) Citations or other documents from Federal, State or |
29 | local governmental agencies which require the manufactured home |
30 | community owner to take corrective action, including citations |
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1 | from the Department of Environmental Protection regarding water |
2 | and sewage. Such information shall also be posted within the |
3 | community in the same place as manufactured home community rules |
4 | and regulations are displayed until the corrective action has |
5 | been completed. |
6 | Section 7. Appliance Installation Fees.--No [mobile home |
7 | park] manufactured home community owner or operator may restrict |
8 | the making of any interior improvements in a [mobile] |
9 | manufactured home so long as such improvements are in compliance |
10 | with applicable building codes and other provisions of law; nor |
11 | may he restrict the installation, service or maintenance of an |
12 | electric or gas appliance in a [mobile] manufactured home or |
13 | charge any fee for such installation unless the fee reflects the |
14 | actual cost to the [mobile home park] manufactured home |
15 | community owner or operator of such installation or its use. |
16 | Section 9. Installation and Removal Fees.--(a) Any fee |
17 | charged by the community owner for the installation or removal |
18 | of a [mobile home in a mobile home] manufactured home in a |
19 | manufactured home space shall not exceed the actual cost to the |
20 | [mobile home park] manufactured home community owner or operator |
21 | for providing such service. Such fees shall be refundable to the |
22 | [resident] lessee at the time of removal in the event that the |
23 | owner or operator acts to recover possession of said space for |
24 | reasons other than nonpayment of rent or breach of a condition |
25 | of the lease within one year of the initial installation of such |
26 | [mobile] manufactured home. Failure to refund such fees as |
27 | provided shall entitle the [tenant] lessee to recover treble |
28 | their amount plus court costs and reasonable attorney fees. |
29 | [Imposition of] (b) Limitations on this type of [entrance] |
30 | installation fee shall not bar the [mobile home park] |
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1 | manufactured home community owner or operator from requiring a |
2 | reasonable security deposit in accordance with the act of April |
3 | 6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant Act |
4 | of 1951." |
5 | Section 10. Other Fees.--In accordance with a [resident's] |
6 | lessee's right to invite to [his] the lessee's dwelling unit |
7 | such social and business visitors as [he] the lessee wishes, no |
8 | fee may be charged for overnight visitors or guests occupying a |
9 | [resident's mobile] lessee's manufactured home. However, if such |
10 | overnight visitors or guests so frequently remain overnight for |
11 | residential purposes so as to increase the number of persons |
12 | normally living in [said] the unit, the owner or operator of a |
13 | [mobile home park] manufactured home community may revise the |
14 | rent due to conform to the rent paid by other [residents] |
15 | lessees with a like number of members in their household. |
16 | Section 11. Sale of [Mobile] Manufactured Homes.--(a) Any |
17 | rule, regulation or condition of a lease purporting to prevent |
18 | the sale of a [mobile] manufactured home belonging to a |
19 | [resident] lessee shall be void and unenforceable in the courts |
20 | of the Commonwealth. The [mobile home park] manufactured home |
21 | community owner or operator may reserve the right to approve the |
22 | purchaser of said [mobile] manufactured home as a [resident] |
23 | lessee, but such approval may not be unreasonably withheld. Any |
24 | claim for a fee or commission in connection with the sale of |
25 | such [mobile] manufactured home shall be void and unenforceable |
26 | unless the claimant shall in fact have acted as a bona fide |
27 | licensed [mobile] manufactured home sales agent for the [mobile] |
28 | manufactured home owner pursuant to a separate written fee |
29 | agreement. |
30 | (b) Prior to a lessee or occupant in a manufactured home |
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1 | community offering a manufactured home for sale, the lessee or |
2 | occupant must obtain from the community operator the then- |
3 | current disclosure document required by this act and provide a |
4 | copy to any prospective buyer along with an attached sheet of |
5 | paper with the following information printed in 12-point |
6 | boldfaced type: |
7 | Be advised that this manufactured home offered for sale is |
8 | subject to the Manufactured Home Communities Rights Act and a |
9 | written lease required under that law. You are advised that |
10 | the community in which this home is now placed requires an |
11 | approved application for lessees and occupants and a fully |
12 | executed lease prior to your right to reside in the |
13 | community. |
14 | You shall have a minimum of 5 calendar days after receiving | <-- |
15 | this disclosure required under the Manufactured Home |
16 | Communities Rights Act to void the transaction with the |
17 | operator, if any, and, if terminated, you shall be returned |
18 | any deposits and rents paid to the operator of the community. |
19 | (c) Failure of the resident seller to obtain a dated |
20 | acknowledgment from the prospective buyer of the manufactured |
21 | home of receipt of the disclosure may be grounds for |
22 | cancellation of the sale by the buyer. |
23 | Section 12. Waiver of Rights.--The rights and duties of |
24 | [mobile home park] manufactured home community owners and |
25 | operators and the [mobile] manufactured home [residents] lessees |
26 | may not be waived by any provisions of a written or oral |
27 | agreement. Any such agreement attempting to limit these rights |
28 | shall be void and unenforceable in the courts of the |
29 | Commonwealth. |
30 | Section 13. Damages.--(a) Any [mobile home park] |
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1 | manufactured home community owner, operator or [resident] lessee |
2 | aggrieved by a violation of their rights under this act may |
3 | institute a private cause of action to recover damages, or for |
4 | treble damages where so provided in this act, or for restitution |
5 | in any appropriate court of initial jurisdiction within the |
6 | Commonwealth. |
7 | (b) If disclosure as required by section 6 was not provided |
8 | to the manufactured home community prospective first-time lessee |
9 | prior to execution of the manufactured home space rental |
10 | agreement or prior to initial occupancy of a manufactured home, |
11 | the rental agreement is voidable by the lessee during the first | <-- |
12 | year of occupancy until five calendar days after the receipt of | <-- |
13 | the disclosure by the lessee. |
14 | (c) To cancel void the rental agreement, the prospective | <-- |
15 | first-time lessee shall deliver written notice to the |
16 | manufactured home community owner or operator within five days |
17 | after receipt of the disclosure and shall thereupon be entitled |
18 | to a refund from the owner or operator of the community of any |
19 | deposit together with installation costs for the manufactured |
20 | home, paid to the owner or operator of the community park by the | <-- |
21 | manufactured home occupant. |
22 | (d) The manufactured home community owner or operator may |
23 | not collect rent from a prospective first-time lessee until the |
24 | manufactured home community owner or operator and the lessee |
25 | have entered into the rental agreement. |
26 | (e) When the manufactured home community owner or operator |
27 | and a manufactured home lessee execute a new, renewed or |
28 | extended space rental agreement lease for a manufactured home | <-- |
29 | space, which increases rent or payables to the lessor, the | <-- |
30 | manufactured home community owner or operator may not collect |
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1 | increased rent or fee payable rent from the manufactured home | <-- |
2 | lessee until the manufactured home community owner or operator |
3 | and the manufactured home lessee have entered into the new, |
4 | renewed or extended lease. After receiving 60 days' notice of |
5 | the community owner's or operator's intent to offer a new lease, |
6 | the manufactured home occupant shall have 30 days to either |
7 | accept the new, renewed or extended rental agreement or to |
8 | notify the manufactured home community owner or operator of |
9 | intent to vacate within 30 days. No increased rent or fee lease | <-- |
10 | charges shall be effective against a lessee or occupant prior to | <-- |
11 | the 61st day after receiving the owner or operator notice. |
12 | (f) A manufactured home lessee who chooses not to enter into |
13 | a new, renewed or extended rental agreement shall have 60 days |
14 | from the date of notification of intent to vacate the |
15 | manufactured home community, to enter into contract to sell or |
16 | to relocate the manufactured home. No increased rent fee or | <-- |
17 | lease charge shall apply during this period. So long as the |
18 | manufactured home community owner or operator complied with |
19 | disclosure as provided in section 6, the manufactured home |
20 | lessee who does not enter into a new, extended or renewed rental |
21 | agreement shall not be entitled to relocation costs. |
22 | Section 16. Retaliatory Evictions.--Any action by a [mobile |
23 | home park] manufactured home community owner or operator to |
24 | recover possession of real property from a [mobile home park |
25 | resident] manufactured home community lessee or to change the |
26 | lease within six months of a [resident's] lessee's assertion of |
27 | [his] rights under this act or any other legal right shall raise |
28 | a presumption that such action constitutes a retaliatory and |
29 | unlawful eviction by the owner or operator and is in violation |
30 | of this act. Such a presumption may be rebutted by competent |
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1 | evidence presented in any appropriate court of initial |
2 | jurisdiction within the Commonwealth. |
3 | Section 5. This act shall apply to: |
4 | (1) New sales and leases of manufactured home community |
5 | spaces entered into after the effective date of this section. |
6 | (2) Extensions and renewals of leases of manufactured |
7 | home community spaces entered into after the effective date |
8 | of this act SECTION. | <-- |
9 | Section 6. This act shall take effect in 150 days. |
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