PRIOR PRINTER'S NOS. 914, 2174 PRINTER'S NO. 2931
No. 851 Session of 1993
INTRODUCED BY D. R. WRIGHT, DeWEESE, VEON, ROONEY, DeLUCA, BELFANTI, TRELLO, PISTELLA, VAN HORNE AND STABACK, MARCH 22, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 8, 1993
AN ACT 1 Providing for dispute reconciliation in manufactured housing <-- 2 communities; establishing the Manufactured Housing Community 3 Commission and providing for its powers and duties; 4 conferring powers and duties on the Department of Community 5 Affairs; imposing fees on manufacturing housing communities; 6 establishing the Manufactured Housing Fund; and imposing 7 duties on the Legislative Reference Bureau. 8 PROVIDING FOR THE ESTABLISHMENT OF A MANUFACTURED HOUSING <-- 9 OMBUDSMAN AND FIXING THE POWERS AND DUTIES OF THE OMBUDSMAN; 10 ESTABLISHING THE MANUFACTURED HOUSING HEARING BOARD AND 11 PROVIDING FOR ITS MEMBERSHIP, POWERS AND DUTIES; ESTABLISHING 12 A RESTRICTED ACCOUNT; REQUIRING ALL PRINCIPAL OWNERS OF 13 MANUFACTURED HOUSING COMMUNITIES LOCATED IN THIS COMMONWEALTH 14 TO REGISTER ANNUALLY WITH THE DEPARTMENT OF COMMUNITY 15 AFFAIRS; PROVIDING FOR PENALTIES; AND MAKING AN 16 APPROPRIATION. 17 TABLE OF CONTENTS 18 SECTION 1. SHORT TITLE. 19 SECTION 2. LEGISLATIVE PURPOSE. 20 SECTION 3. DEFINITIONS. 21 SECTION 4. MANUFACTURED HOUSING HEARING BOARD. 22 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN. 23 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN. 24 SECTION 7. PETITION FOR HEARING.
1 SECTION 8. HEARING PROCEDURE BEFORE BOARD. 2 SECTION 9. APPEAL. 3 SECTION 10. PUBLIC ACCESS. 4 SECTION 11. RESIDENT NOTIFICATION. 5 SECTION 12. MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM. 6 SECTION 13. CONTENTS OF FORM. 7 SECTION 14. FILING. 8 SECTION 15. TRANSFER OF FUNDS. 9 SECTION 16. REGULATIONS. 10 SECTION 17. ENFORCEMENT. 11 SECTION 18. RESTRICTED ACCOUNT. 12 SECTION 19. CONSTRUCTION OF ACT. 13 SECTION 20. FUNDING. 14 SECTION 21. EFFECTIVE DATE. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Short title. <-- 18 This act shall be known and may be cited as the Manufactured 19 Housing Community Commission Act. 20 Section 2. Legislative findings and purposes. 21 The General Assembly finds and declares as follows: 22 (1) The relationship between manufactured housing 23 communities and residents of the communities requires 24 conciliation and mediation. 25 (2) Because of the unique nature of manufactured housing 26 and because disputes between residents and communities arise, 27 it is necessary to create a manufactured housing community 28 commission and designate an executive director to attempt to 29 resolve such disputes. 30 Section 3. Definitions. 19930H0851B2931 - 2 -
1 The following words and phrases when used in this act shall 2 have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Bureau." The Bureau of Consumer Protection in the Office of 5 Attorney General. 6 "Commission." The Manufactured Housing Community Commission 7 established in section 4. 8 "Department." The Department of Community Affairs of the 9 Commonwealth. 10 "Executive director." The executive director of the 11 Manufactured Housing Community Commission. 12 "Fund." The Manufactured Housing Fund established in section 13 11. 14 "Manufactured home." A structure, transportable in one or 15 more sections, which, meets all of the following: 16 (1) Is built on a permanent chassis. 17 (2) Is designed to be used as a dwelling, with or 18 without a permanent foundation, when connected to the 19 required utilities. 20 (3) Either: 21 (i) is, in the traveling mode, eight body feet or 22 more in width and 40 body feet or more in length and is, 23 when erected on site, is 320 or more square feet; or 24 (ii) has on file a certification required by the 25 United States Department of Housing and Urban Development 26 and complies with the act of November 17, 1982 (P.L.676, 27 No.192), known as the Manufactured Housing Construction 28 and Safety Standards Authorization Act. 29 The term includes the plumbing, heating, air conditioning and 30 electrical systems contained in the structure. 19930H0851B2931 - 3 -
1 "Manufactured housing community." A site, lot, field or 2 tract of land upon which ten or more manufactured homes are or 3 are intended to be located, regardless of whether or not a 4 charge is made for the accommodation. 5 "Manufactured housing resident." An owner of a manufactured 6 home who leases or rents a manufactured housing site. The term 7 does not include a person who rents or leases a manufactured 8 home. 9 "Manufactured housing site." A plot of ground within a 10 manufactured housing community designed for the accommodation of 11 one manufactured home. 12 Section 4. Commission. 13 (a) Establishment.--There is created the Manufactured 14 Housing Community Commission as a departmental administrative 15 board in the department. The commission shall consist of ten 16 members, one of whom shall be the director of the bureau, and 17 one of whom shall be the Secretary of Community Affairs. The 18 remaining members must be residents of this Commonwealth for a 19 five-year period immediately prior to appointment. Four members 20 must be professional members who are owners, operators or 21 managers of manufactured housing communities and who have been 22 actively engaged in that business for a period of at least five 23 years immediately preceding the appointment. Four members must 24 be public members who are owners of manufactured homes and who 25 have been residents of manufactured housing communities for a 26 period of at least five years immediately preceding the 27 appointment. No two professional or public members may be from 28 the same community or from communities under common control. The 29 commission shall be appointed by the Governor subject to the 30 consent of a majority of the members elected to the Senate. One 19930H0851B2931 - 4 -
1 public and one professional member shall be recommended by the 2 President pro tempore of the Senate, one professional and one 3 public member shall be recommended by the Minority Leader of the 4 Senate, one professional and one public member shall be 5 recommended by the Speaker of the House of Representatives and 6 one professional and one public member shall be recommended by 7 the Minority Leader of the House of Representatives. 8 (b) Term of office.--The professional and public members 9 shall serve four-year terms except as provided in subsection 10 (c). 11 (c) Initial appointments.--Within 90 days of the effective 12 date of this act, from the recommendations submitted under 13 subsection (a), the Governor shall nominate one professional and 14 one public member to serve four-year terms, one professional and 15 one public member to serve three-year terms, one professional 16 and one public member to serve two-year terms and one 17 professional and one public member to serve one-year terms. 18 (d) Continuation in office.--Each professional and public 19 member shall continue in office until a successor is appointed 20 and qualified but not longer than six months after the 21 expiration of the term. If a member dies, resigns or becomes 22 disqualified during the term of office, a successor shall be 23 appointed in the same way and with the same qualifications as 24 set forth in this section and shall hold office for the 25 unexpired portion of the term. 26 (e) Limit on terms.--No professional or public member shall 27 be eligible for appointment to serve more than two consecutive 28 four-year terms. 29 (f) Forfeiture of membership.--A professional or public 30 member who fails to attend three consecutive meetings shall 19930H0851B2931 - 5 -
1 forfeit membership unless the chairperson, upon written request 2 from the member, finds that the member should be excused from a 3 meeting because of illness or the death of a family member. 4 (g) Compensation.--Each professional and public member shall 5 receive per diem compensation at the rate of $60 when actually 6 attending to the work of the commission. Members shall also 7 receive reasonable travel, hotel and other necessary expenses 8 incurred in the performance of their duties in accordance with 9 management directives on travel and subsistence. 10 (h) Quorum.--A majority of the members of the commission 11 constitutes a quorum. A member may not be counted as part of a 12 quorum or vote on any issue unless the member is physically in 13 attendance at the meeting. 14 (i) Meeting.--The commission shall meet at least four times 15 a year in Harrisburg. It may meet more often either in 16 Harrisburg or at other locations in this Commonwealth. 17 (j) Operating procedures.--The commission shall meet within 18 30 days after the appointment of its initial members and set up 19 operating procedures and forms for carrying out the purposes of 20 the act. It shall be the responsibility of the commission to 21 circulate these forms and educate the public on the requirements 22 of this act. 23 (k) Election of officers.--The commission shall elect 24 annually from its membership a chairperson, a vice chairperson 25 and a secretary. 26 Section 5. Powers and duties of commission. 27 The commission has the following powers and duties: 28 (1) Appoint the executive director and supervise the 29 executive director's responsibilities. 30 (2) Ensure that manufactured housing communities defray 19930H0851B2931 - 6 -
1 the expenses of the commission and biennially renew payment 2 of fees under section 10. 3 (3) Ensure that the executive director investigates, 4 complaints by the bureau, the department or any other person. 5 (4) Administer and enforce and regulations promulgated 6 under this act. 7 (5) Keep records of all proceedings in connection with 8 the resolution of disputes under this act. 9 (6) Promulgate regulations to implement this act. 10 (7) Adopt forms. 11 Section 6. Executive director. 12 (a) Establishment.--The executive director must be an 13 attorney admitted to the bar of the Supreme Court of 14 Pennsylvania. The executive director may not engage in any 15 business, vocation or other employment involving manufactured 16 housing; be a manufactured housing resident; have other 17 interests involving manufactured housing; be a representative of 18 a manufactured housing community or manufactured housing 19 resident; or have any other interest inconsistent with official 20 responsibilities. 21 (b) Appointment.--The position of executive director shall 22 be a full-time position. The executive director shall be 23 appointed by the commission under section 5(1). 24 (c) Compensation.--The compensation of the executive 25 director shall be fixed by the commission. 26 (d) Powers and duties.--The executive director has the power 27 and duty to investigate and resolve complaints and disputes 28 among manufactured housing residents and owners or operators of 29 manufactured housing communities concerning the following: 30 (1) Disputes over interpretation of the substantive 19930H0851B2931 - 7 -
1 statutory provisions contained in the act of November 24, 2 1976 (P.L.1176, No.261), known as the Mobile Home Park Rights 3 Act. 4 (2) Disputes over the approval of a prospective 5 purchaser of an existing manufactured home owned by a 6 manufactured housing resident if the purchaser desires to 7 have the home remain in the community. 8 (3) The reasonableness of rules and regulations adopted 9 by the manufactured housing community under the Mobile Home 10 Park Rights Act. 11 (4) Disputes over whether or not manufactured housing 12 residents or manufactured housing communities are complying 13 with this act or the Mobile Home Park Rights Act. 14 (e) Staff.--The executive director shall work closely and 15 cooperatively with the bureau and the department. In addition to 16 staff support from one or both of these agencies, the commission 17 may appoint attorneys as assistants and additional clerical, 18 technical and professional staff as appropriate and may contract 19 for additional services necessary to implement this act. The 20 compensation of assistants and clerical, technical and 21 professional staff shall be set by the commission. An assistant 22 or other staff employee may not engage in any business, vocation 23 or other employment involving manufactured housing; be a 24 manufactured housing resident in a manufactured housing 25 community; or have other interests involving manufactured 26 housing inconsistent with official responsibilities. 27 Section 7. Disputes. 28 (a) Standing.-- 29 (1) A manufactured housing community which is aggrieved 30 by an action of a manufactured housing resident alleged to be 19930H0851B2931 - 8 -
1 in violation of this act or the act of November 24, 1976 2 (P.L.1176, No.261), known as the Mobile Home Park Rights Act, 3 or regulations promulgated under either act may file an 4 administrative complaint in accordance with this section. 5 (2) A manufactured housing resident who is aggrieved by 6 an action of a manufactured housing community or a 7 manufactured housing resident alleged to be in violation of 8 this act or the Mobile Home Park Rights Act, or regulations 9 promulgated under either act may file an administrative 10 complaint in accordance with this section. 11 (b) Informal resolution.--Prior to filing a complaint under 12 subsection (c), a prospective complainant must notify the 13 prospective respondent of the problem in writing. Proof of 14 receipt is required. If the problem is not resolved within 30 15 days of receipt of the notice, an action may proceed under 16 subsection (c). 17 (c) Complaint.--A complainant may file a complaint on a form 18 prescribed by the commission. The complaint must be accompanied 19 by a $25 filing fee. The complaint shall contain all of the 20 following information: 21 (1) The action of the respondent which is the subject of 22 the complaint. 23 (2) The notarized signature of the complainant. 24 (3) The address and telephone number of the complainant. 25 (4) The name, address and telephone number of the 26 respondent. 27 (5) A copy of the notice under subsection (b), with 28 proof of receipt. 29 (d) Response.--On receipt of the complaint, the executive 30 director shall review it for completeness and to determine 19930H0851B2931 - 9 -
1 whether or not the dispute is subject to this act. If it is 2 determined that the dispute is subject to this act, the 3 executive director shall send to the respondent, by certified 4 mail, return receipt requested, a copy of the complaint and a 5 notice that a response is required within 30 days showing cause, 6 if any, why the complaint should be dismissed. If the executive 7 director determines that the dispute is not subject to this act, 8 the executive director shall dismiss the complaint. 9 (e) Resolution.--After reviewing the complaint and the 10 response, the executive director shall within 30 days of receipt 11 of the response, mediate the dispute to the satisfaction of the 12 complainant and the respondent. If the dispute is not resolved, 13 the executive director shall make a recommendation to the 14 commission. 15 (f) Recommendation of executive director.-- 16 (1) The executive director may determine that there is 17 no factual basis to support the complaint. 18 (2) If a complaint is substantiated, the executive 19 director may recommend to the commission as to how to resolve 20 the dispute. The executive director shall issue an order 21 setting forth the appropriate action to be taken. 22 (g) Decision by commission.--A decision by the executive 23 director under subsection (f) shall be reviewed by the 24 commission. The commission may, and upon motion of either party, 25 shall, order a hearing. This subsection is subject to 2 Pa.C.S. 26 Ch. 5 Subch. A (relating to practice and procedure of 27 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial 28 review of Commonwealth agency action). 29 (h) Costs.--If the complainant prevails, the complainant may 30 recover the filing fee under subsection (c). 19930H0851B2931 - 10 -
1 Section 8. Public access. 2 There shall be a toll-free telephone number established by 3 the commission for public use regarding inquiries on the 4 services available from the commission. 5 Section 9. Resident notification. 6 Any manufactured housing community, within 30 days of the 7 effective date of this section, shall make available to its 8 manufactured housing residents a copy of this act and shall 9 maintain a copy of this act at a convenient location within the 10 manufactured housing community. A new manufactured housing 11 resident shall be provided with a copy of this act by the 12 manufactured housing community at the time the residence begins. 13 Section 10. Fees. 14 (a) Imposition and increase.--All fees established under 15 this act shall be fixed by the commission by regulation. The 16 fees for each manufactured housing community shall be $1 per 17 site, with a minimum fee of $50 per manufactured housing 18 community and a maximum of $300 per manufactured housing 19 community. If the revenues raised by fees imposed under this act 20 are not sufficient to meet expenditures over a two-year period, 21 the commission shall increase those fees so that the projected 22 revenues will meet or exceed projected expenditures. 23 (b) Additional increases.--If the department determines that 24 the fees established by the commission under subsection (a) are 25 inadequate to meet the minimum enforcement efforts required by 26 this act, then the department, after consultation with the 27 commission shall increase the fees by regulation in an amount to 28 insure that adequate revenues are raised to meet the required 29 enforcement effort. 30 (c) Enforcement of fees.--If a manufactured housing 19930H0851B2931 - 11 -
1 community does not pay a fee under this section, the commission 2 shall send by certified mail an order to pay the fee within 30 3 days of the date of the order. Upon failure to respond to the 4 order, the commission shall order the manufactured housing 5 residents of that community to pay their rent directly to the 6 commission. Rents so paid shall be placed in a separate escrow 7 account. Within 30 days of the date when fees required by this 8 act are paid, the money in escrow shall be released and paid 9 over to the manufactured housing community. 10 Section 11. Fund. 11 (a) Establishment.--The Manufactured Housing Fund is 12 established as a special fund in the State Treasury. 13 (b) Source.--The source of the fund shall be fees under 14 sections 7(c) and 10. 15 (c) Administration.--The commission shall administer the 16 fund to implement this act. When the commission determines that 17 the fund contains sufficient money to begin complete 18 implementation of this act, it shall transmit notice of that 19 fact to the Legislative Reference Bureau for publication in the 20 Pennsylvania Bulletin. 21 Section 12. Effective date. 22 This act shall take effect as follows: 23 (1) Sections 7 through 9 of this act shall take effect 24 upon publication of the notice under section 11(c). 25 (2) The remainder of this act shall take effect in 60 26 days. 27 SECTION 1. SHORT TITLE. <-- 28 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MANUFACTURED 29 HOUSING OMBUDSMAN AND HEARING BOARD ACT. 30 SECTION 2. LEGISLATIVE PURPOSE. 19930H0851B2931 - 12 -
1 AN INCREASING NUMBER OF CITIZENS OF THIS COMMONWEALTH LIVE IN 2 MANUFACTURED HOMES, AND MANY OF THESE CITIZENS RESIDE IN 3 MANUFACTURED HOUSING COMMUNITIES. BECAUSE OF THE GROWING NUMBER 4 OF PROBLEMS AND COMPLAINTS DEALING WITH VARIOUS ASPECTS OF 5 LIVING IN MANUFACTURED HOUSING COMMUNITIES AND BECAUSE OF THE 6 UNIQUE NATURE OF MANUFACTURED HOUSING AND THE DIFFICULTY IN 7 RELOCATING MANUFACTURED HOUSING, IT IS NECESSARY TO DESIGNATE A 8 MANUFACTURED HOUSING OMBUDSMAN AND MANUFACTURED HOUSING HEARING 9 BOARD TO RESOLVE THE PROBLEMS AND COMPLAINTS INVOLVING RESIDENTS 10 AND OWNERS OF MANUFACTURED HOUSING COMMUNITIES. IN ADDITION, THE 11 CREATION OF THE MANUFACTURED HOUSING OMBUDSMAN WILL ASSIST IN A 12 MORE EQUITABLE AND EXPEDITIOUS IMPLEMENTATION OF THE ACT OF 13 NOVEMBER 24, 1976 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME 14 PARK RIGHTS ACT. 15 SECTION 3. DEFINITIONS. 16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 17 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 18 CONTEXT CLEARLY INDICATES OTHERWISE: 19 "BOARD." THE MANUFACTURED HOUSING HEARING BOARD ESTABLISHED 20 UNDER SECTION 4. 21 "COMPARABLE MANUFACTURED HOUSING COMMUNITY." A MANUFACTURED 22 HOUSING COMMUNITY WITH SIMILAR FACILITIES, SERVICES, AMENITIES 23 AND MANAGEMENT. 24 "DEPARTMENT." THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE 25 COMMONWEALTH. 26 "MANUFACTURED HOME." A TRANSPORTABLE SINGLE-FAMILY DWELLING 27 UNIT CONTAINING PLUMBING, HEATING AND/OR COOLING AND ELECTRICAL 28 SYSTEMS INTENDED FOR PERMANENT OCCUPANCY CONSTRUCTED AS A SINGLE 29 UNIT OR AS TWO OR MORE UNITS DESIGNED TO BE JOINED INTO ONE 30 INTEGRAL UNIT WHICH IS BUILT ON A PERMANENT CHASSIS AND DESIGNED 19930H0851B2931 - 13 -
1 TO BE USED AS A DWELLING WITH OR WITHOUT A PERMANENT FOUNDATION 2 WHEN CONNECTED TO THE REQUIRED UTILITIES. 3 "MANUFACTURED HOUSING." A TRANSPORTABLE, SINGLE-FAMILY 4 DWELLING UNIT WHICH CONTAINS PLUMBING, HEATING AND/OR COOLING 5 AND ELECTRICAL SYSTEMS INTENDED FOR PERMANENT OCCUPANCY, IS 6 CONSTRUCTED AS A SINGLE UNIT OR AS TWO OR MORE UNITS DESIGNED TO 7 BE JOINED INTO ONE INTEGRAL UNIT, IS BUILT ON A PERMANENT 8 CHASSIS AND IS DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT 9 A PERMANENT FOUNDATION WHEN CONNECTED TO THE REQUIRED UTILITIES. 10 "MANUFACTURED HOUSING COMMUNITY." A SITE, LOT, FIELD OR 11 TRACT OF LAND, PRIVATELY OR PUBLICLY OWNED OR OPERATED, UPON 12 WHICH THREE OR MORE MANUFACTURED HOMES, OCCUPIED FOR DWELLING OR 13 SLEEPING PURPOSES, ARE OR ARE INTENDED TO BE LOCATED, REGARDLESS 14 OF WHETHER OR NOT A CHARGE IS MADE FOR SUCH ACCOMMODATION. 15 "MANUFACTURED HOUSING RESIDENT." AN OWNER OF A MANUFACTURED 16 HOME WHO LEASES OR RENTS SPACE IN A MANUFACTURED HOUSING 17 COMMUNITY. THE TERM DOES NOT INCLUDE A PERSON WHO RENTS OR 18 LEASES A MANUFACTURED HOME. 19 "OMBUDSMAN." THE MANUFACTURED HOUSING OMBUDSMAN ESTABLISHED 20 UNDER SECTION 5. 21 "PRINCIPAL OWNER." A PERSON HAVING MAJORITY OR CONTROLLING 22 INTEREST IN ANY SITE, LOT, FIELD OR TRACT OF LAND UPON WHICH A 23 MANUFACTURED HOUSING COMMUNITY IS ESTABLISHED OR IS INTENDED TO 24 BE LOCATED. 25 "RESPONDENT." THE PERSON AGAINST WHOM THE ORIGINAL COMPLAINT 26 IS DIRECTED. 27 "SECRETARY." THE SECRETARY OF COMMUNITY AFFAIRS OF THE 28 COMMONWEALTH. 29 "UNREASONABLE." NOT FAIR, PROPER, JUST, MODERATE OR SUITABLE 30 UNDER THE CIRCUMSTANCES OR FIT OR APPROPRIATE TO THE END IN 19930H0851B2931 - 14 -
1 VIEW. 2 SECTION 4. MANUFACTURED HOUSING HEARING BOARD. 3 (A) ESTABLISHMENT.--THE MANUFACTURED HOUSING HEARING BOARD 4 IS ESTABLISHED AS AN INDEPENDENT QUASI-JUDICIAL AGENCY. 5 (B) MEMBERS.--THE BOARD SHALL CONSIST OF SEVEN MEMBERS. TWO 6 MEMBERS SHALL BE MEMBERS OF THE PENNSYLVANIA MANUFACTURED 7 HOUSING ASSOCIATION; TWO MEMBERS SHALL BE MEMBERS OF THE 8 PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC.; ONE 9 MEMBER SHALL BE THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE; ONE 10 MEMBER SHALL BE THE SECRETARY OF THE DEPARTMENT OF COMMUNITY 11 AFFAIRS OR HIS OR HER DESIGNEE; AND ONE MEMBER SHALL BE THE 12 SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OR HIS OR 13 HER DESIGNEE. THE GOVERNOR SHALL APPOINT TWO MEMBERS OF THE 14 PENNSYLVANIA MANUFACTURED HOUSING ASSOCIATION AND TWO MEMBERS OF 15 THE PENNSYLVANIA MANUFACTURED HOME OWNERS OF AMERICA, INC. FROM 16 A LIST OF THREE NAMES SUBMITTED BY EACH ORGANIZATION TO THE 17 GOVERNOR. 18 (C) CHAIRMAN.--THE BOARD SHALL DESIGNATE ONE MEMBER OF THE 19 BOARD TO SERVE AS CHAIRMAN. 20 (D) TERMS.--A MEMBER OF THE BOARD SHALL SERVE FOR A TERM OF 21 FIVE YEARS OR UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED 22 WITHIN SIX MONTHS OF THE EXPIRATION OF THE ORIGINAL TERM. BOARD 23 MEMBERS MAY BE REAPPOINTED TO ONE ADDITIONAL TERM. 24 (E) COMPENSATION.--BOARD MEMBERS SHALL RECEIVE A DAILY PER 25 DIEM OF $60. IN ADDITION, ALL MEMBERS SHALL BE REIMBURSED FOR 26 ACTUAL AND REASONABLE EXPENSES FOR TRAVEL, LODGING AND MEALS 27 INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. 28 (F) MEETINGS.--THE BOARD SHALL MEET EVERY 60 DAYS OR AS 29 OFTEN AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT, 30 AND THE MEETINGS MAY BE ROTATED BETWEEN PITTSBURGH, 19930H0851B2931 - 15 -
1 PHILADELPHIA, SCRANTON AND HARRISBURG AS FEASIBLE TO FACILITATE 2 THE ATTENDANCE OF THOSE HAVING APPEALS PENDING BEFORE THE BOARD. 3 (G) ADMINISTRATIVE DECISIONS.--THE BOARD SHALL ASSIST THE 4 MANUFACTURED HOUSING OMBUDSMAN WITH RESPECT TO DECIDING THE NEED 5 FOR AND LOCATION OF FIELD OFFICES, WHICH MAY INCLUDE, IF SPACE 6 IS AVAILABLE, LOCATION WITHIN THE CURRENT REGIONAL OFFICES OF 7 THE ATTORNEY GENERAL'S OFFICE OR STATE HUMAN RELATIONS 8 COMMISSION. 9 SECTION 5. MANUFACTURED HOUSING OMBUDSMAN. 10 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED, UNDER THE 11 GOVERNOR'S OFFICE, THE MANUFACTURED HOUSING OMBUDSMAN TO 12 INVESTIGATE AND RESOLVE COMPLAINTS AND DISPUTES INVOLVING 13 MANUFACTURED HOUSING. 14 (B) APPOINTMENT.--THE POSITION OF OMBUDSMAN SHALL BE A FULL- 15 TIME POSITION. THE OMBUDSMAN SHALL BE APPOINTED BY THE BOARD. 16 (C) COMPENSATION.--THE COMPENSATION OF THE OMBUDSMAN SHALL 17 BE FIXED BY THE BOARD BUT IN NO CASE SHALL IT EXCEED THE AVERAGE 18 ANNUAL COMPENSATION PAID TO ALL CABINET SECRETARIES. 19 (D) POWERS AND DUTIES.--THE OMBUDSMAN SHALL HAVE THE 20 FOLLOWING POWERS AND DUTIES: 21 (1) (I) TO INVESTIGATE AND RESOLVE COMPLAINTS AND 22 DISPUTES BETWEEN RESIDENTS AND COMMUNITY OWNERS RELATED 23 TO MANUFACTURED HOUSING CONCERNING THE FOLLOWING: 24 (A) DISPUTES OVER THE INTERPRETATION OF 25 PROVISIONS CONTAINED IN THE ACT OF NOVEMBER 24, 1976 26 (P.L.1176, NO.261), KNOWN AS THE MOBILE HOME PARK 27 RIGHTS ACT. 28 (B) DISPUTES OVER THE APPROVAL OF A PROSPECTIVE 29 PURCHASER OF AN EXISTING MANUFACTURED HOME OWNED BY A 30 RESIDENT. 19930H0851B2931 - 16 -
1 (C) THE REASONABLENESS OF RULES AND REGULATIONS 2 PROMULGATED BY MANUFACTURED HOUSING COMMUNITY OWNERS 3 PURSUANT TO THE MOBILE HOME PARK RIGHTS ACT. 4 (D) ENVIRONMENTAL CONCERNS, INCLUDING, BUT NOT 5 LIMITED TO, THE PROVISION OF SAFE DRINKING WATER AND 6 PROPER SEWAGE DISPOSAL. 7 (E) INTERPRETATION OF PROVISIONS OF LEASE 8 AGREEMENTS. 9 (F) THE REASONABLENESS OF PENDING EVICTION 10 PROCEDURES. 11 (II) THE DECISION OF THE OMBUDSMAN SHALL BE FINAL 12 AND BINDING ON ALL PARTIES UNLESS APPEALED TO THE BOARD 13 AS PROVIDED FOR IN SECTION 7. ONCE AN INVESTIGATION HAS 14 BEEN INITIATED BY THE OMBUDSMAN CONCERNING A COMPLAINT 15 FILED, RULE OR REGULATION OR EVICTION PROCEEDING SHALL BE 16 STAYED PENDING A FINAL DECISION BY THE OMBUDSMAN. IF THE 17 OMBUDSMAN DETERMINES THAT AN EXISTING OR PROPOSED RULE OR 18 REGULATION PROMULGATED BY THE OWNER OR MANAGER OF A 19 MANUFACTURED HOUSING COMMUNITY IS UNREASONABLE, THE RULE 20 OR REGULATION SHALL BE RESCINDED. COPIES OF ALL DECISIONS 21 OF THE OMBUDSMAN SHALL BE FORWARDED TO THE OFFICE OF 22 ATTORNEY GENERAL. 23 (2) TO INITIATE ANY LEGAL PROCEEDING BEFORE ANY FEDERAL, 24 STATE OR COUNTY COURT NECESSARY TO PROTECT THE RIGHTS OF 25 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO 26 REPRESENT THE RESIDENTS AND OR COMMUNITY OWNERS BEFORE THE 27 COURT IN ANY SUCH PROCEEDING. 28 (3) TO INITIATE ANY PROCEEDING BEFORE ANY FEDERAL, STATE 29 OR LOCAL AGENCY NECESSARY TO PROTECT THE RIGHTS OF 30 MANUFACTURED HOUSING RESIDENTS OR COMMUNITY OWNERS AND TO 19930H0851B2931 - 17 -
1 REPRESENT THE RESIDENTS AND/OR COMMUNITY OWNERS IN ANY SUCH 2 PROCEEDINGS. 3 (4) (I) TO DISSEMINATE NECESSARY INFORMATION TO THE 4 PUBLIC CONCERNING INFORMATION THEY SHOULD REVIEW PRIOR TO 5 THE PURCHASE OF MANUFACTURED HOUSING OR LEASING SPACE IN 6 A MANUFACTURED COMMUNITY. THIS SHALL INCLUDE, BUT SHALL 7 NOT BE LIMITED TO, THE PREPARATION OF A BRIEF STATEMENT 8 TITLED "IMPORTANT INFORMATION FOR A PROSPECTIVE PURCHASER 9 OF MANUFACTURED HOUSING OR LESSEE IN MANUFACTURED HOUSING 10 COMMUNITY." FOLLOWING THE TITLE SHALL APPEAR A BRIEF 11 SUMMARY OF THE KEY FACTS OF WHICH ANYONE CONTEMPLATING 12 PURCHASING A MANUFACTURED HOME OR LEASING SPACE IN A 13 MANUFACTURED HOUSING COMMUNITY SHOULD BE AWARE. THE 14 NOTICE, INCLUDING THE TITLE, SHALL BE IN TEN-POINT 15 BOLDFACE PRINT AND SIGNS AND VISUAL SYMBOLS SHALL BE USED 16 AS APPROPRIATE TO FACILITATE THE UNDERSTANDING OF THE 17 INFORMATION BY READERS. A COPY OF THE STATEMENT SHALL BE 18 PROVIDED BY: 19 (A) MANUFACTURED HOUSING DEALERS OR OTHERS 20 LICENSED IN THIS COMMONWEALTH UNDER THE ACT OF 21 DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN AS THE 22 BOARD OF VEHICLES ACT, TO A PROSPECTIVE PURCHASER OF 23 A NEW MANUFACTURED HOME AT LEAST 48 HOURS BEFORE THE 24 PURCHASER SIGNS AN AGREEMENT OF SALE. 25 (B) ANYONE LICENSED UNDER THE BOARD OF VEHICLES 26 ACT, OR ANY REAL ESTATE SALESPERSON OR BROKER 27 LICENSED UNDER THE ACT OF FEBRUARY 19, 1980 (P.L.15, 28 NO.9), KNOWN AS THE REAL ESTATE LICENSING AND 29 REGISTRATION ACT, TO A PROSPECTIVE PURCHASER OF A 30 PRE-OWNED MANUFACTURED HOME AT LEAST 48 HOURS BEFORE 19930H0851B2931 - 18 -
1 THE PURCHASER SIGNS AN AGREEMENT OF SALE. 2 (C) MANUFACTURED HOUSING COMMUNITY OWNERS OR 3 MANAGERS, TO A PROSPECTIVE LESSEE AT LEAST 48 HOURS 4 BEFORE THE LESSEE SIGNS A LEASE FOR SPACE IN A 5 MANUFACTURED HOUSING COMMUNITY OPERATED IN THIS 6 COMMONWEALTH. 7 (II) THE OMBUDSMAN SHALL, WITHIN 90 DAYS OF THE 8 EFFECTIVE DATE OF THIS ACT, FORWARD A COPY OF THE 9 STATEMENT UNDER SUBPARAGRAPH (I) TO ANYONE LICENSED TO 10 SELL MANUFACTURED HOUSING IN THIS COMMONWEALTH, AS WELL 11 AS TO ALL OWNERS OR MANAGERS OF MANUFACTURED HOUSING 12 COMMUNITIES, ALONG WITH A COPY OF THIS ACT AND A NOTICE 13 OF THEIR RESPONSIBILITIES PURSUANT TO THIS SECTION. 14 FAILURE TO RECEIVE A COPY OF THIS ACT AND NOTIFICATION 15 FROM THE OMBUDSMAN, AS REQUIRED BY THIS SECTION, SHALL 16 NOT RELIEVE ANYONE OF HIS RESPONSIBILITIES UNDER THIS 17 SECTION. 18 (5) TO EDUCATE THE PUBLIC CONCERNING THE POWERS AND 19 DUTIES OF THE OMBUDSMAN AND THE SERVICES AVAILABLE. 20 (E) STAFF.--THE OMBUDSMAN SHALL WORK CLOSELY AND 21 COOPERATIVELY WITH THE OFFICE OF ATTORNEY GENERAL, AND, IN 22 ADDITION TO STAFF SUPPORT FROM THE OFFICE OF GENERAL COUNSEL, 23 THE HUMAN RELATIONS COMMISSION AND OTHER APPROPRIATE STATE 24 AGENCIES, INCLUDING THE OFFICE OF ATTORNEY GENERAL, THE BOARD 25 MAY APPOINT ATTORNEYS AS ASSISTANTS AND SUCH ADDITIONAL 26 CLERICAL, TECHNICAL AND PROFESSIONAL STAFF AS MAY BE APPROPRIATE 27 AND MAY CONTRACT FOR SUCH ADDITIONAL SERVICES AS ARE NECESSARY 28 TO IMPLEMENT THE PROVISIONS OF THIS ACT. THE COMPENSATION OF 29 ASSISTANTS AND CLERICAL, TECHNICAL AND PROFESSIONAL STAFF SHALL 30 BE SET BY THE BOARD. AN ASSISTANT OR OTHER STAFF EMPLOYEE SHALL 19930H0851B2931 - 19 -
1 NOT, WHILE SERVING IN SUCH POSITION, ENGAGE IN ANY BUSINESS, 2 VOCATION OR OTHER EMPLOYMENT INVOLVING MANUFACTURED HOUSING OR 3 HAVE OTHER INTERESTS INVOLVING MANUFACTURED HOUSING INCONSISTENT 4 WITH HIS OFFICIAL RESPONSIBILITIES. 5 SECTION 6. INFORMAL DISPOSITION BEFORE OMBUDSMAN. 6 (A) GENERAL RULE.--A PERSON WHO RENTS OR OWNS MANUFACTURED 7 HOUSING WHICH IS LOCATED ON LAND IN A MANUFACTURED HOUSING 8 COMMUNITY FOR WHICH A GROUND RENTAL FEE IS PAID, OR ANY OWNER OR 9 MANAGER OF A MANUFACTURED HOUSING COMMUNITY, MAY CONTACT THE 10 OMBUDSMAN TO INVESTIGATE HIS COMPLAINT. 11 (B) COMPLAINT FORM.--THE OMBUDSMAN SHALL PREPARE A 12 STANDARDIZED COMPLAINT FORM TO BE USED BY AN INDIVIDUAL OR GROUP 13 OF INDIVIDUALS FILING A COMPLAINT. THERE SHALL BE NO CHARGE TO 14 FILE A COMPLAINT WITH THE OMBUDSMAN. THE FORM SHALL INCLUDE, BUT 15 SHALL NOT BE LIMITED TO: 16 (1) A LIST OF THE COMPLAINTS. 17 (2) THE NOTARIZED SIGNATURE OF THE INDIVIDUAL OR 18 INDIVIDUALS FILING THE COMPLAINT. 19 (3) THE ADDRESS AND TELEPHONE NUMBER OF THE INDIVIDUAL 20 OR INDIVIDUALS FILING THE COMPLAINT. 21 (4) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ALL 22 PARTIES INVOLVED IN THE COMPLAINT. 23 (C) RESPONSE.--ON RECEIPT OF THE COMPLAINT FORM, THE 24 OMBUDSMAN SHALL SEND TO THE NAMED RESPONDENT, BY CERTIFIED MAIL, 25 A COPY OF THE COMPLAINT, ALONG WITH A NOTICE THAT A RESPONSE IS 26 REQUIRED SHOWING CAUSE, IF ANY, WHY THE COMPLAINT SHOULD BE 27 DISMISSED. 28 (D) REVIEW.--AFTER REVIEWING THE COMPLAINT AND RESPONSE, THE 29 OMBUDSMAN OR HIS STAFF SHALL PROMPTLY INVESTIGATE THE COMPLAINT 30 AND TRY TO MEDIATE THE DISPUTE. THE OMBUDSMAN SHALL RENDER A 19930H0851B2931 - 20 -
1 DECISION ON ALL COMPLAINTS FILED WITHIN 30 DAYS OF RECEIPT OF 2 THE COMPLAINT. 3 (E) DECISION OF OMBUDSMAN.-- 4 (1) THE OMBUDSMAN, AFTER THE INVESTIGATION OF A 5 COMPLAINT, MAY DETERMINE THAT THERE IS NO FACTUAL BASIS TO 6 SUPPORT THE COMPLAINT AND SHALL SO NOTIFY ALL PARTIES. 7 (2) IF A COMPLAINT IS SUBSTANTIATED, THE OMBUDSMAN MAY 8 MAKE A RECOMMENDATION, WITH RESPECT TO RESOLVING THE DISPUTE, 9 TO WHICH ALL PARTIES MAY VOLUNTARILY AGREE. 10 (3) IN THE ABSENCE OF THE VOLUNTARY ACCEPTANCE OF THE 11 RECOMMENDATIONS OF THE OMBUDSMAN BY ALL PARTIES TO RESOLVE A 12 DISPUTE WHEN A COMPLAINT IS SUBSTANTIATED, THE OMBUDSMAN 13 SHALL ISSUE AN ORDER SETTING FORTH THE APPROPRIATE ACTIONS TO 14 BE TAKEN BY ALL PARTIES TO THE DISPUTE. THIS ORDER SHALL HAVE 15 THE EFFECT OF LAW, AND THE OMBUDSMAN MAY GO TO COURT TO 16 ENFORCE THE ORDER, PROVIDED THE ORDER IS NOT OVERTURNED BY 17 THE BOARD ON APPEAL. 18 (F) APPEAL TO BOARD.--IF AGGRIEVED BY THE DECISION OF THE 19 OMBUDSMAN, THE INDIVIDUAL OR INDIVIDUALS FILING THE COMPLAINT, 20 OR THE RESPONDENT, MAY APPEAL THE ORDER OF THE OMBUDSMAN TO THE 21 BOARD. 22 SECTION 7. PETITION FOR HEARING. 23 (A) FORM.--THE OMBUDSMAN SHALL PREPARE A STANDARDIZED 24 PETITION FORM TO BE USED BY AN INDIVIDUAL OR INDIVIDUALS WHO 25 WISH TO APPEAL AN ORDER OF THE OMBUDSMAN TO THE BOARD. 26 (B) FEE.--A FILING FEE OF $200 SHALL ACCOMPANY EACH PETITION 27 FILED WITH THE OMBUDSMAN FOR A HEARING BEFORE THE BOARD. IF THE 28 BOARD FINDS IN FAVOR OF THE ORIGINAL PARTY OR PARTIES FILING THE 29 COMPLAINT, THE RESPONDENT SHALL BE RESPONSIBLE FOR THE PAYMENT 30 OF THE REQUIRED $200 FILING FEE. 19930H0851B2931 - 21 -
1 SECTION 8. HEARING PROCEDURE BEFORE BOARD. 2 (A) GENERAL RULE.--UPON RECEIVING A PETITION FOR A HEARING 3 AND THE ACCOMPANYING FILING FEE, THE CHAIRMAN OF THE BOARD SHALL 4 SET A TIME AND PLACE FOR A HEARING AND SHALL GIVE THE PARTIES 5 REASONABLE NOTICE OF THE DATE, TIME AND LOCATION OF THE HEARING. 6 A NOTICE OF EACH HEARING SHALL ALSO BE PROVIDED TO THE OFFICE OF 7 ATTORNEY GENERAL. 8 (B) PROCEEDINGS.--ALL HEARINGS SHALL BE CONDUCTED UNDER 2 9 PA.C.S. CH. 5 (RELATING TO PRACTICE AND PROCEDURE). EITHER PARTY 10 TO A HEARING MAY PRESENT WITNESSES ON HIS BEHALF, IN PERSON OR 11 BY DEPOSITION, ON MAKING A REQUEST TO THE BOARD AND DESIGNATING 12 THE PERSON OR PERSONS, AS WELL AS RECORDS AND PAPERS, REQUESTED 13 TO BE SUBPOENAED, AND MAY REQUEST THAT A WRITTEN TRANSCRIPT OF 14 THE HEARING BE TAKEN AND MADE UPON PAYMENT OF THE COST OF THE 15 TRANSCRIPT. SUBPOENAS MAY BE ENFORCED IN COMMONWEALTH COURT, 16 WHICH, AFTER A HEARING, MAY JUDGE IN CONTEMPT OR MAKE ANOTHER 17 APPROPRIATE ORDER. FOR THE PURPOSE OF THE HEARING, THE BOARD HAS 18 THE POWERS VESTED IN THE OFFICERS BY SECTION 502 OF THE ACT OF 19 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE 20 CODE OF 1929, WHICH SECURES THE POWER TO INSPECT, EXAMINE, 21 SECURE DATA OR INFORMATION OR PROCURE ASSISTANCE FROM ANY 22 DEPARTMENT, BOARD OR COMMITTEE. THE BOARD MAY CAUSE THE 23 DEPOSITION OF WITNESSES IN OR OUTSIDE OF THIS COMMONWEALTH TO BE 24 TAKEN AS PRESCRIBED BY LAW FOR DEPOSITIONS IN CIVIL CASES. 25 (C) INSPECTION.--EITHER PARTY OR HIS AUTHORIZED AGENT MAY 26 INSPECT ANY FILE THAT PERTAINS TO THE HEARING IF SUCH 27 AUTHORIZATION IS FILED IN WRITING WITH THE OMBUDSMAN. 28 (D) DECISION.--THE BOARD SHALL RENDER A DECISION BASED ON 29 EVIDENCE GIVEN WITHIN SEVEN CALENDAR DAYS OF THE HEARING, AND 30 THE DECISION OF THE BOARD SHALL BE FINAL AND BINDING ON ALL 19930H0851B2931 - 22 -
1 PARTIES UNLESS APPEALED TO THE COMMONWEALTH COURT AS PROVIDED 2 FOR BY SECTION 9. A COPY OF EACH DECISION SHALL BE FORWARDED TO 3 THE OFFICE OF ATTORNEY GENERAL. 4 SECTION 9. APPEAL. 5 WITHIN 20 DAYS AFTER SERVICE OF NOTICE OF THE DECISION OF THE 6 BOARD, A PERSON AGGRIEVED BY A DECISION OF THE BOARD MAY APPLY 7 FOR AN APPEAL IN COMMONWEALTH COURT. 8 SECTION 10. PUBLIC ACCESS. 9 THERE SHALL BE A TOLL-FREE TELEPHONE NUMBER ESTABLISHED BY 10 THE OMBUDSMAN FOR PUBLIC USE REGARDING INQUIRIES ON THE SERVICES 11 AVAILABLE FROM THE OMBUDSMAN, INCLUDING, BUT NOT LIMITED TO, THE 12 PROCEDURES FOR FILING A COMPLAINT AND MAKING AN APPEAL TO THE 13 BOARD. 14 SECTION 11. RESIDENT NOTIFICATION. 15 IT SHALL BE THE RESPONSIBILITY OF EVERY OWNER OF A 16 MANUFACTURED HOUSING COMMUNITY, WITHIN 30 DAYS OF THE EFFECTIVE 17 DATE OF THIS ACT, TO PROVIDE EACH RESIDENT OF THE MANUFACTURED 18 HOUSING COMMUNITY WITH A COPY OF THIS ACT AND TO MAINTAIN ONE 19 COPY OF THIS ACT AT A CONVENIENT LOCATION WITHIN THE COMMUNITY 20 FOR REVIEW BY RESIDENTS. IN ADDITION, ALL LESSEES IN THE 21 COMMUNITY SHALL BE PROVIDED WITH A COPY OF THIS ACT BY THE 22 OWNERS OF THE MANUFACTURED HOUSING COMMUNITY AT LEAST 48 HOURS 23 BEFORE A LESSEE SIGNS A LEASE. 24 SECTION 12. MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM. 25 A PRINCIPAL OWNER OF A MANUFACTURED HOUSING COMMUNITY IN THIS 26 COMMONWEALTH SHALL BE REQUIRED TO FILL OUT A MANUFACTURED 27 HOUSING COMMUNITY REGISTRATION FORM PREPARED BY THE DEPARTMENT. 28 SECTION 13. CONTENTS OF FORM. 29 THE MANUFACTURED HOUSING COMMUNITY REGISTRATION FORM SHALL 30 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: 19930H0851B2931 - 23 -
1 (1) THE NAME OF THE MANUFACTURED HOUSING COMMUNITY AND 2 THE COUNTY AND MUNICIPALITY IN WHICH IT IS LOCATED. 3 (2) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE 4 PRINCIPAL OWNER OF THE MANUFACTURED HOUSING COMMUNITY. 5 (3) THE NAMES AND ADDRESSES OF ANYONE HAVING A FINANCIAL 6 INTEREST IN THE MANUFACTURED HOUSING COMMUNITY. 7 (4) THE NUMBER OF ACRES IN THE MANUFACTURED HOUSING 8 COMMUNITY. 9 (5) THE NUMBER OF DEVELOPED HOMESITES IN THE 10 MANUFACTURED HOUSING COMMUNITY, INCLUDING THE NUMBER 11 CURRENTLY OCCUPIED AND CURRENTLY VACANT. 12 (6) THE MONTHLY RENT CHARGED. 13 (7) A LIST OF ANY ADDITIONAL CHARGES AND FEES AND THE 14 AMOUNT OF SAME. 15 SECTION 14. FILING. 16 THE REGISTRATION FORM SHALL BE FILED WITH THE DEPARTMENT 17 ANNUALLY AND SHALL INCLUDE A FILING FEE OF $3 FOR EACH DEVELOPED 18 HOMESITE LOCATED IN THE MANUFACTURED HOUSING COMMUNITY. 19 SECTION 15. TRANSFER OF FUNDS. 20 ALL FUNDS RECEIVED BY THE DEPARTMENT FROM MANUFACTURED 21 HOUSING COMMUNITIES FILING THE ANNUAL REGISTRATION FORM AND THE 22 ANNUAL FILING FEE PER HOMESITE SHALL BE SUBMITTED BY THE 23 DEPARTMENT TO THE STATE TREASURER TO BE PLACED IN THE RESTRICTED 24 ACCOUNT ESTABLISHED FOR THE OPERATION OF THE OFFICE OF THE 25 MANUFACTURED HOUSING OMBUDSMAN AND THE MANUFACTURED HOUSING 26 HEARING BOARD. 27 SECTION 16. REGULATIONS. 28 THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO 29 CARRY OUT THE PROVISIONS OF THIS ACT. 30 SECTION 17. ENFORCEMENT. 19930H0851B2931 - 24 -
1 (A) CIVIL PENALTY.--A CIVIL PENALTY OF $500 SHALL BE 2 ASSESSED ON A PRINCIPAL OWNER FOR FAILURE TO COMPLY WITH THE 3 PROVISIONS OF THIS ACT. 4 (B) RENTAL CHARGES.--NO MANUFACTURED HOME COMMUNITY SHALL BE 5 ENTITLED TO LEVY RENTAL CHARGES FOR ANY SPACE LOCATED IN THE 6 COMMUNITY UNLESS THEY HAVE COMPLIED WITH THE PROVISIONS OF THIS 7 ACT. 8 (C) ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL ENFORCE 9 THE PROVISIONS OF THIS SECTION. 10 SECTION 18. RESTRICTED ACCOUNT. 11 THERE IS HEREBY ESTABLISHED WITHIN THE STATE TREASURY A 12 RESTRICTED ACCOUNT, INTO WHICH SHALL BE DEPOSITED ALL ANNUAL 13 MANUFACTURED HOUSING COMMUNITY REGISTRATION FEES COLLECTED BY 14 THE DEPARTMENT OF COMMUNITY AFFAIRS, ANY APPROPRIATION AND ALL 15 FEES PAID TO THE BOARD. THE MONEYS IN THIS ACCOUNT ARE 16 APPROPRIATED FOR THE OPERATION OF THE OMBUDSMAN AND THE BOARD IN 17 SUCH AMOUNTS AS THE GENERAL ASSEMBLY MAY DESIGNATE. 18 SECTION 19. CONSTRUCTION OF ACT. 19 NOTHING IN THIS ACT SHALL BE CONSTRUED TO CONTRADICT OR 20 INTERFERE WITH THE RIGHTS OF CONSUMERS AS PROVIDED FOR BY THE 21 ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR 22 TRADE PRACTICES AND CONSUMER PROTECTION LAW. 23 SECTION 20. FUNDING. 24 THE FUNDING OF THE OPERATION OF THE OFFICE OF THE 25 MANUFACTURED HOUSING OMBUDSMAN AND THE MANUFACTURED HOUSING 26 HEARING BOARD PROVIDED FOR BY THIS ACT SHALL BE PROVIDED BY THE 27 ANNUAL FILING FEES REQUIRED TO ACCOMPANY THE ANNUAL REGISTRATION 28 OF MANUFACTURED HOUSING COMMUNITIES IN THIS COMMONWEALTH. 29 SECTION 21. EFFECTIVE DATE. 30 THIS ACT SHALL TAKE EFFECT IN 30 DAYS. C12L14VDL/19930H0851B2931 - 25 -