PRINTER'S NO. 2125
No. 1797 Session of 1993
INTRODUCED BY HARLEY, NYCE, SERAFINI, BARLEY, TRELLO, TRICH, SEMMEL, GERLACH, STEIL, CLYMER AND DRUCE, JUNE 15, 1993
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 15, 1993
AN ACT 1 Providing for the establishment of a Manufactured Housing 2 Ombudsman and fixing the powers and duties of the ombudsman; 3 establishing the Manufactured Housing Hearing Board and 4 providing for its membership, powers and duties; establishing 5 a restricted account; and making an appropriation. 6 TABLE OF CONTENTS 7 Section 1. Short title. 8 Section 2. Legislative purpose. 9 Section 3. Definitions. 10 Section 4. Manufactured Housing Hearing Board. 11 Section 5. Manufactured Housing Ombudsman. 12 Section 6. Informal disposition before ombudsman. 13 Section 7. Petition for hearing. 14 Section 8. Hearing procedure before board. 15 Section 9. Appeal. 16 Section 10. Public access. 17 Section 11. Resident notification. 18 Section 12. Restricted account. 19 Section 13. Construction of act.
1 Section 14. Funding. 2 Section 15. Effective date. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Manufactured 7 Housing Ombudsman and Hearing Board Act. 8 Section 2. Legislative purpose. 9 An increasing number of citizens of this Commonwealth live in 10 manufactured homes, and many of these citizens reside in 11 manufactured housing communities. Because of the growing number 12 of problems and complaints dealing with various aspects of 13 living in manufactured housing communities and because of the 14 unique nature of manufactured housing and the difficulty in 15 relocating manufactured housing, it is necessary to designate a 16 Manufactured Housing Ombudsman and Manufactured Housing Hearing 17 Board to resolve the problems and complaints involving residents 18 and owners of manufactured housing communities. In addition, the 19 creation of the Manufactured Housing Ombudsman will assist in a 20 more equitable and expeditious implementation of the act of 21 November 24, 1976 (P.L.1176, No.261), known as the Mobile Home 22 Park Rights Act. 23 Section 3. Definitions. 24 The following words and phrases when used in this act shall 25 have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Board." The Manufactured Housing Hearing Board established 28 under section 4. 29 "Comparable manufactured housing community." A manufactured 30 housing community with similar facilities, services, amenities 19930H1797B2125 - 2 -
1 and management. 2 "Manufactured housing." A transportable, single-family 3 dwelling unit which contains plumbing, heating and/or cooling 4 and electrical systems intended for permanent occupancy, is 5 constructed as a single unit or as two or more units designed to 6 be joined into one integral unit, is built on a permanent 7 chassis and is designed to be used as a dwelling with or without 8 a permanent foundation when connected to the required utilities. 9 "Manufactured housing community." A site, lot, field or 10 tract of land, privately or publicly owned or operated, upon 11 which three or more 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 housing resident." An owner of a manufactured 15 home who leases or rents space in a manufactured housing 16 community. The term does not include a person who rents or 17 leases a manufactured home. 18 "Ombudsman." The Manufactured Housing Ombudsman established 19 under section 5. 20 "Respondent." The person against whom the original complaint 21 is directed. 22 "Secretary." The Secretary of Community Affairs of the 23 Commonwealth. 24 "Unreasonable." Not fair, proper, just, moderate or suitable 25 under the circumstances or fit or appropriate to the end in 26 view. 27 Section 4. Manufactured Housing Hearing Board. 28 (a) Establishment.--The Manufactured Housing Hearing Board 29 is established as an independent quasi-judicial agency. 30 (b) Members.--The board shall consist of seven members. Two 19930H1797B2125 - 3 -
1 members shall be members of the Pennsylvania Manufactured 2 Housing Association; two members shall be members of the 3 Pennsylvania Manufactured Home Owners of America, Inc.; one 4 member shall be the Attorney General or his or her designee; one 5 member shall be the Secretary of the Department of Community 6 Affairs or his or her designee; and one member shall be the 7 Secretary of the Department of Environmental Resources or his or 8 her designee. The Governor shall appoint two members of the 9 Pennsylvania Manufactured Housing Association and two members of 10 the Pennsylvania Manufactured Home Owners of America, Inc. from 11 a list of three names submitted by each organization to the 12 Governor. 13 (c) Chairman.--The board shall designate one member of the 14 board to serve as chairman. 15 (d) Terms.--A member of the board shall serve for a term of 16 five years or until a successor is appointed and qualified 17 within six months of the expiration of the original term. Board 18 members may be reappointed to one additional term. 19 (e) Compensation.--Board members shall receive a daily per 20 diem of $60. In addition, all members shall be reimbursed for 21 actual and reasonable expenses for travel, lodging and meals 22 incurred in the performance of their official duties. 23 (f) Meetings.--The board shall meet every 60 days or as 24 often as is necessary to implement the provisions of this act, 25 and the meetings may be rotated between Pittsburgh, 26 Philadelphia, Scranton and Harrisburg as feasible to facilitate 27 the attendance of those having appeals pending before the board. 28 (g) Administrative decisions.--The board shall assist the 29 Manufactured Housing Ombudsman with respect to deciding the need 30 for and location of field offices, which may include, if space 19930H1797B2125 - 4 -
1 is available, location within the current regional offices of 2 the Office of Attorney General or the Pennsylvania Human 3 Relations Commission. The Manufactured Housing Ombudsman field 4 offices will, however, maintain their separateness from the 5 Office of Attorney General and Pennsylvania Human Relations 6 Commission. 7 Section 5. Manufactured Housing Ombudsman. 8 (a) Establishment.--There is hereby established, under the 9 Governor's Office, the Manufactured Housing Ombudsman to 10 investigate and resolve complaints and disputes involving 11 manufactured housing. 12 (b) Appointment.--The position of ombudsman shall be a full- 13 time position. The ombudsman shall be appointed by the board. 14 (c) Compensation.--The compensation of the ombudsman shall 15 be fixed by the board but in no case shall it exceed the average 16 annual compensation paid to all cabinet secretaries. 17 (d) Powers and duties.--The ombudsman shall have the 18 following powers and duties: 19 (1) (i) To investigate and resolve complaints and 20 disputes between residents and community owners related 21 to manufactured housing concerning the following: 22 (A) Disputes over the interpretation of 23 provisions contained in the act of November 24, 1976 24 (P.L.1176, No.261), known as the Mobile Home Park 25 Rights Act. 26 (B) Disputes over the approval of a prospective 27 purchaser of an existing manufactured home owned by a 28 resident. 29 (C) The reasonableness of rules and regulations 30 promulgated by manufactured housing community owners 19930H1797B2125 - 5 -
1 pursuant to the Mobile Home Park Rights Act. 2 (D) Environmental concerns, including, but not 3 limited to, the provision of safe drinking water and 4 proper sewage disposal. 5 (E) Interpretation of provisions of lease 6 agreements. 7 (F) The reasonableness of proposed rent 8 increases. 9 (G) 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, any rent increase, proposed rule or regulation or 16 eviction proceeding shall be stayed pending a final 17 decision by the ombudsman which shall occur within a 90- 18 day period. If a rent increase is determined to be 19 unreasonable by the ombudsman, which decision shall occur 20 within 90 days following receipt of the complaint, the 21 owner of the manufactured housing community shall refund 22 to each resident affected the increased amount paid which 23 was determined to be unreasonable, or credit the resident 24 with an equal amount of the rent due within 90 days. 25 Should the decision be appealed to the board, the board 26 shall make a final decision within 60 days after the 27 appeal has been received by the board. Copies of all 28 decisions of the ombudsman shall be forwarded to the 29 Office of Attorney General. 30 (iii) When making a determination as to the 19930H1797B2125 - 6 -
1 reasonableness of a proposed rent increase, the ombudsman 2 may consider the following: 3 (A) Rents charged by comparable manufactured 4 housing communities within the same competitive 5 geographic area. 6 (B) Actual cost data relative to improvements 7 made or to be made to the manufactured housing 8 community when it is used as a justification for the 9 proposed rent increase including improvements to 10 sewer and water facilities and services. 11 (C) Historical evidence of improvements made to 12 that manufactured housing community previously when 13 rents were increased. 14 (D) Evidence of fixed operating expense 15 increases to include real estate taxes, utility 16 bills, insurance, etc. 17 (2) To initiate any legal proceeding before any Federal, 18 State or county court necessary to protect the rights of 19 manufactured housing residents or community owners and to 20 represent the residents and or community owners before the 21 court in any such proceeding. 22 (3) To initiate any proceeding before any Federal, State 23 or local agency necessary to protect the rights of 24 manufactured housing residents or community owners and to 25 represent the residents and/or community owners in any such 26 proceedings. 27 (4) (i) To disseminate necessary information to the 28 public concerning information they should review prior to 29 the purchase of manufactured housing or leasing space in 30 a manufactured community. This shall include, but shall 19930H1797B2125 - 7 -
1 not be limited to, the preparation of a brief statement 2 titled "IMPORTANT INFORMATION FOR A PROSPECTIVE PURCHASER 3 OF MANUFACTURED HOUSING OR LESSEE IN MANUFACTURED HOUSING 4 COMMUNITY." Following the title shall appear a brief 5 summary of the key facts of which anyone contemplating 6 purchasing a manufactured home or leasing space in a 7 manufactured housing community should be aware. The 8 notice, including the title, shall be in ten-point 9 boldface print and signs and visual symbols shall be used 10 as appropriate to facilitate the understanding of the 11 information by readers. A copy of the statement shall be 12 provided by: 13 (A) Manufactured housing dealers or others 14 licensed in this Commonwealth under the act of 15 December 22, 1983 (P.L.306, No.84), known as the 16 Board of Vehicles Act, to a prospective purchaser of 17 a new manufactured home at the time of purchase. 18 (B) Anyone licensed under the Board of Vehicles 19 Act, or any real estate salesperson or broker 20 licensed under the act of February 19, 1980 (P.L.15, 21 No.9), known as the Real Estate Licensing and 22 Registration Act, to a prospective purchaser of a 23 pre-owned manufactured home at the time the purchaser 24 signs an agreement of sale. 25 (C) Manufactured housing community owners or 26 managers, to a prospective lessee at least 48 hours 27 before the lessee signs a lease for space in a 28 manufactured housing community operated in this 29 Commonwealth. 30 (ii) The ombudsman shall, within 90 days of the 19930H1797B2125 - 8 -
1 effective date of this act, forward a copy of the 2 statement under subparagraph (i) to anyone licensed to 3 sell manufactured housing in this Commonwealth, as well 4 as to all owners or managers of manufactured housing 5 communities, along with a copy of this act and a notice 6 of their responsibilities pursuant to this section. 7 Failure to receive a copy of this act and notification 8 from the ombudsman, as required by this section, shall 9 not relieve anyone of his responsibilities under this 10 section. 11 (5) To educate the public concerning the powers and 12 duties of the ombudsman and the services available. 13 (e) Staff.--The ombudsman shall work closely and 14 cooperatively with the Office of Attorney General, and, in 15 addition to staff support from the Office of General Counsel, 16 the Human Relations Commission and other appropriate State 17 agencies, including the Office of Attorney General, the board 18 may appoint attorneys as assistants and such additional 19 clerical, technical and professional staff as may be appropriate 20 and may contract for such additional services as are necessary 21 to implement the provisions of this act. The compensation of 22 assistants and clerical, technical and professional staff shall 23 be set by the board. An assistant or other staff employee shall 24 not, while serving in such position, engage in any business, 25 vocation or other employment involving manufactured housing or 26 have other interests involving manufactured housing inconsistent 27 with his official responsibilities. 28 Section 6. Informal disposition before ombudsman. 29 (a) General rule.--A person who rents or owns manufactured 30 housing which is located on land in a manufactured housing 19930H1797B2125 - 9 -
1 community for which a ground rental fee is paid, or any owner or 2 manager of a manufactured housing community, may contact the 3 ombudsman to investigate his complaint. 4 (b) Complaint form.--The ombudsman shall prepare a 5 standardized complaint form to be used by an individual or group 6 of individuals filing a complaint. There shall be no charge to 7 file a complaint with the ombudsman. The form shall include, but 8 shall not be limited to: 9 (1) A list of the complaints. 10 (2) The notarized signature of the individual or 11 individuals filing the complaint. 12 (3) The address and telephone number of the individual 13 or individuals filing the complaint. 14 (4) The name, address and telephone number of all 15 parties involved in the complaint. 16 (c) Response.--On receipt of the complaint form, the 17 ombudsman shall send to the named respondent, by certified mail, 18 a copy of the complaint, along with a notice that a response is 19 required showing cause, if any, why the complaint should be 20 dismissed. 21 (d) Review.--After reviewing the complaint and response, the 22 ombudsman or his staff shall promptly investigate the complaint, 23 including complaints involving proposed rent increases, and try 24 to mediate the dispute. The ombudsman shall render a decision on 25 all complaints filed within 30 days of receipt of the complaint. 26 (e) Decision of ombudsman.-- 27 (1) The ombudsman, after the investigation of a 28 complaint, may determine that there is no factual basis to 29 support the complaint and shall so notify all parties. 30 (2) If a complaint is substantiated, the ombudsman may 19930H1797B2125 - 10 -
1 make a recommendation, with respect to resolving the dispute, 2 to which all parties may voluntarily agree. 3 (3) In the absence of the voluntary acceptance of the 4 recommendations of the ombudsman by all parties to resolve a 5 dispute when a complaint is substantiated, the ombudsman 6 shall issue an order setting forth the appropriate actions to 7 be taken by all parties to the dispute. This order shall have 8 the effect of law, and the ombudsman may go to court to 9 enforce the order, provided the order is not overturned by 10 the board on appeal. 11 (f) Appeal to board.--If aggrieved by the decision of the 12 ombudsman, the individual or individuals filing the complaint, 13 or the respondent, may appeal the order of the ombudsman to the 14 board. In the case of a complaint involving a proposed rent 15 increase, the board shall hear the case within 30 days of 16 receipt of the petition for a hearing. 17 Section 7. Petition for hearing. 18 (a) Form.--The ombudsman shall prepare a standardized 19 petition form to be used by an individual or individuals who 20 wish to appeal an order of the ombudsman to the board. 21 (b) Fee.--A filing fee of $200 shall accompany each petition 22 filed with the ombudsman for a hearing before the board. If the 23 board finds in favor of the original party or parties filing the 24 complaint, the respondent shall be responsible for the payment 25 of the required $200 filing fee. 26 Section 8. Hearing procedure before board. 27 (a) General rule.--Upon receiving a petition for a hearing 28 and the accompanying filing fee, the chairman of the board shall 29 set a time and place for a hearing and shall give the parties 30 reasonable notice of the date, time and location of the hearing. 19930H1797B2125 - 11 -
1 A notice of each hearing shall also be provided to the Office of 2 Attorney General. 3 (b) Proceedings.--All hearings shall be conducted under 2 4 Pa.C.S. Ch. 5 (relating to practice and procedure). Either party 5 to a hearing may present witnesses on his behalf, in person or 6 by deposition, on making a request to the board and designating 7 the person or persons, as well as records and papers, requested 8 to be subpoenaed, and may request that a written transcript of 9 the hearing be taken and made upon payment of the cost of the 10 transcript. Subpoenas may be enforced in Commonwealth Court, 11 which, after a hearing, may judge in contempt or make another 12 appropriate order. For the purpose of the hearing, the board has 13 the powers vested in the officers by section 502 of the act of 14 April 9, 1929 (P.L.177, No.175), known as The Administrative 15 Code of 1929, which secures the power to inspect, examine, 16 secure data or information or procure assistance from any 17 department, board or committee. The board may cause the 18 deposition of witnesses in or outside of this Commonwealth to be 19 taken as prescribed by law for depositions in civil cases. 20 (c) Inspection.--Either party or his authorized agent may 21 inspect any file that pertains to the hearing if such 22 authorization is filed in writing with the ombudsman. 23 (d) Decision.--The board shall render a decision based on 24 evidence given within seven calendar days of the hearing, and 25 the decision of the board shall be final and binding on all 26 parties unless appealed to the Commonwealth Court as provided 27 for by section 9. A copy of each decision shall be forwarded to 28 the Office of Attorney General. 29 Section 9. Appeal. 30 Within 20 days after service of notice of the decision of the 19930H1797B2125 - 12 -
1 board, a person aggrieved by a decision of the board may apply 2 for an appeal in Commonwealth Court. 3 Section 10. Public access. 4 There shall be a toll-free telephone number established by 5 the ombudsman for public use regarding inquiries on the services 6 available from the ombudsman, including, but not limited to, the 7 procedures for filing a complaint and making an appeal to the 8 board. This telephone number shall be included on all 9 information required to be given to the public under section 10 5(4)(i). 11 Section 11. Resident notification. 12 It shall be the responsibility of every owner of a 13 manufactured housing community, within 30 days of the effective 14 date of this act, to provide each resident of the manufactured 15 housing community with a copy of this act and the information 16 required to be given under section 5(4)(i) and to maintain one 17 copy of this act at a convenient location within the community 18 for review by residents. In addition, all lessees in the 19 community shall be provided with a copy of this act and the 20 information required to be given under section 5(4)(i) by the 21 owners of the manufactured housing community at least 48 hours 22 before a lessee signs a lease. At the time of the signing of the 23 lease, the lessor shall provide signed notice that he or she has 24 given all of the information under this section which shall be 25 acknowledged in writing by the lessee, and a copy of this 26 written notification shall be given to the lessee by the lessor. 27 Section 12. Restricted account. 28 There is hereby established within the State Treasury a 29 restricted account, into which shall be deposited all annual 30 manufactured housing community registration fees collected by 19930H1797B2125 - 13 -
1 the Department of Community Affairs, any appropriation and all 2 fees paid to the board. The moneys in this account are 3 appropriated for the operation of the ombudsman and the board in 4 such amounts as the General Assembly may designate. These moneys 5 may be used only for this purpose. 6 Section 13. Construction of act. 7 Nothing in this act shall be construed to contradict or 8 interfere with the rights of consumers as provided for by the 9 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair 10 Trade Practices and Consumer Protection Law. 11 Section 14. Funding. 12 The funding of the operation of the Office of the 13 Manufactured Housing Ombudsman and the Manufactured Housing 14 Hearing Board provided for by this act shall be provided by the 15 annual filing fees required to accompany the annual registration 16 of manufactured housing communities in this Commonwealth. 17 Section 15. Effective date. 18 This act shall take effect in 30 days. E24L68JLW/19930H1797B2125 - 14 -