PRINTER'S NO. 3620
No. 2747 Session of 1992
INTRODUCED BY CIVERA, HARPER AND BARLEY, MAY 18, 1992
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MAY 18, 1992
AN ACT
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 evictions, for park rules and
5 regulations, for maintenance and repairs, for underskirting
6 and tie-down equipment and for overnight guests; and
7 providing for sale of manufactured homes and sewer and water
8 facilities.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title and section 1 of the act of November
12 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park
13 Rights Act, are amended to read:
14 AN ACT
15 Providing for the rights and duties of [mobile] manufactured
16 home owners or operators and [mobile] manufactured home
17 residents.
18 Section 1. Short Title.--This act shall be known and may be
19 cited as the ["Mobile Home Park Rights Act."] "Manufactured Home
20 Community Rights Act."
1 Section 2. The act is amended by adding a section to read:
2 Section 1.1. Legislative Purpose.--An increasing number of
3 citizens of this Commonwealth live in manufactured homes and
4 many of these citizens reside in manufactured housing
5 communities. Because of the growing number of problems and
6 complaints dealing with various aspects of living in
7 manufactured housing communities and because of the unique
8 nature of manufactured housing, residents of manufactured
9 housing communities need the protection of the Manufactured
10 Housing Community Rights Act. In addition, due to the
11 significant and increasing costs of moving manufactured homes,
12 the potential for damage to the homes through moving as a result
13 of their design, and the inability of manufactured homeowners to
14 find comparable space in other manufactured home communities in
15 the Commonwealth, the legislature finds and declares that it is
16 necessary to provide the owners of manufactured homes located
17 within a manufactured home community unique protection from
18 constructive eviction as a result of the termination of a lease.
19 Section 3. Sections 2 and 3 of the act are amended to read:
20 Section 2. Definitions.--As used in this act:
21 ["Mobile home" means a transportable, single-family dwelling
22 unit intended for permanent occupancy and constructed as a
23 single unit, or as two or more units designed to be joined into
24 one integral unit capable of again being separated for repeated
25 towing, which arrives at a site complete and ready for occupancy
26 except for minor and incidental unpacking and assembly
27 operations, and constructed so that it may be used without a
28 permanent foundation.]
29 "Arbitrary" means without adequate determining principle or
30 rationale; not done or acting according to reason or judgment.
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1 "Capricious" means tyrannical, despotic, without fair, solid
2 and substantial cause.
3 "Designated dealer" means any retailer, distributor,
4 wholesaler or manufacturer from which a manufactured home
5 community owner or his agent requires the purchase of a
6 manufactured home or equipment.
7 "Manufactured home" means a transportable single-family
8 dwelling unit containing plumbing, heating and/or cooling and
9 electrical systems intended for permanent occupancy constructed
10 as a single unit or as two or more units designed to be joined
11 into one integral unit which is built on a permanent chassis and
12 designed to be used as a dwelling with or without a permanent
13 foundation when connected to the required utilities.
14 ["Mobile home park"] "Manufactured home community" means any
15 site, lot, field or tract of land, privately or publicly owned
16 or operated, upon which three or more [mobile] manufactured
17 homes, occupied for dwelling or sleeping purposes, are or are
18 intended to be located, regardless of whether or not a charge is
19 made for such accommodation.
20 "[Mobile] Manufactured home resident" means an owner of a
21 [mobile] manufactured home who leases or rents space in a
22 [mobile home park] manufactured home community. The term does
23 not include a person who rents or leases a [mobile] manufactured
24 home.
25 "[Mobile] Manufactured home space" means a plot of ground
26 within a [mobile home park] manufactured home community designed
27 for the accommodation of one [mobile] manufactured home.
28 "Rent" means ground rent for a [mobile] manufactured home
29 site.
30 "Service charges" means charges for electricity, gas service
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1 which is underground and piped directly to individual units
2 within the [park] community, trash removal, sewage and water.
3 Section 3. Evictions.--(a) A [mobile] manufactured home
4 resident shall only be evicted for any of the following reasons:
5 (1) Nonpayment of rent.
6 (2) A second or subsequent violation of the rules of the
7 [mobile home park] manufactured home community occurring within
8 a six-month period.
9 (3) If there is a change in use of the [park] community land
10 or parts thereof.
11 (4) Termination of [mobile home park] manufactured home
12 community.
13 (b) A [mobile] manufactured home resident shall only be
14 evicted in accordance with the following procedure:
15 (1) A resident shall not be evicted [by] for any self-help
16 measure[.] which shall include the formation of or participation
17 in any manufactured housing community association whose purpose
18 is to promote the rights of residents living in manufactured
19 housing whether the association is a community association or a
20 State or county association.
21 (2) Prior to the commencement of any eviction proceeding,
22 the [mobile home park] manufactured home community owner shall
23 notify the [mobile home park] manufactured home community
24 resident in writing of the particular breach or violation of the
25 lease or [park] community rules by certified or registered mail.
26 (i) In the case of nonpayment of rent, the notice shall
27 state that an eviction proceeding may be commenced if the
28 [mobile] manufactured home resident does not pay the overdue
29 rent within 20 days from the date of service if the notice is
30 given on or after April 1 and before September 1, and 30 days if
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1 given on or after September 1 and before April 1 or an
2 additional nonpayment of rent occurring within six months of the
3 giving of the notice may result in immediate eviction
4 proceedings.
5 (ii) In the case of a breach of the lease or violation of
6 the [park] community rules, other than nonpayment of rent, the
7 notice shall describe the particular breach or violation. No
8 eviction action shall be commenced unless the [mobile home park]
9 manufactured home community resident has been notified as
10 required by this section, and upon a second or subsequent
11 violation or breach occurring within six months, the [mobile
12 home park] manufactured home community owner may commence
13 eviction proceedings at any time within 60 days of the last
14 violation or breach.
15 (iii) Prior to the initiation of any eviction proceeding,
16 the owner of the manufactured home community shall first notify
17 the resident in writing of their right to file a complaint with
18 the office of the manufactured housing ombudsman if they feel
19 the eviction is not justified. The notice shall also inform the
20 resident that the filing of the complaint shall stay the
21 eviction proceeding pending the completion of an investigation
22 by the manufactured housing ombudsman on the merit and legality
23 of the proposed eviction and a subsequent ruling by the
24 ombudsman concerning it.
25 (iv) In the case of a violation of the community rules, the
26 resident shall have six months following the eviction
27 proceedings to remove the manufactured home from the
28 manufactured home community, and the owners or operators of the
29 manufactured home community shall actively assist the resident
30 in locating an alternative comparable site and shall demonstrate
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1 evidence of their assistance at the termination of the six-month
2 period.
3 (c) A [mobile] manufactured home resident shall not be
4 evicted when there is proof that the rules he is accused of
5 violating are not enforced with respect to the other [mobile]
6 manufactured home residents or nonresidents on the [park]
7 community premises.
8 Section 4. The act is amended by adding sections to read:
9 Section 3.1. Termination of Tenancy; Recovery of Premises by
10 Owner.--(a) The owner of a manufactured home community shall
11 not be entitled to the recovery of the manufactured home space
12 upon the termination of a lease with a resident regardless of
13 the term of the lease, provided the resident:
14 (1) is complying with the rules of the manufactured home
15 community;
16 (2) is paying the rent due; and
17 (3) desires to continue living in the manufactured home
18 community.
19 (b) The only basis for the recovery of a manufactured home
20 space by an owner of a manufactured home community shall be:
21 (1) When a resident is legally evicted as provided for by
22 section 3.
23 (2) When the owner and resident mutually agree in writing to
24 the termination of a lease.
25 (3) At the expiration of a lease, provided the resident
26 determines that he or she no longer desires to reside in the
27 community and so notifies the owner in writing.
28 (c) The provisions of this section shall be equally
29 applicable in cases where there is no written lease between the
30 owner and resident.
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1 Section 3.2. Leases.--(a) Every resident of a manufactured
2 home community shall be provided at a minimum, a one-year lease.
3 Leases beyond one year in duration are permitted, subject to
4 approval of a resident. All leases must be in writing and no
5 resident shall be required to sign a lease containing any
6 provision with which he or she does not agree nor shall the
7 resident be required to sign a lease with blank spaces to be
8 filled in by the owners of a manufactured home community at a
9 future date. Oral leases of any duration or leases on a month-
10 to-month basis or for any period less than one year, are
11 invalid. Disputes over the interpretation of lease provisions
12 are subject to review by the manufactured housing ombudsman
13 pursuant to the act of (P.L. , No. ), known as the
14 "Manufactured Housing Ombudsman and Hearing Board Act."
15 (b) All written leases shall contain the following
16 statement:
17 "Termination of Tenancy:
18 Recovery of Premises by Owner
19 The owner of a manufactured home community shall not be
20 entitled to the recovery of the manufactured home space upon the
21 termination of a lease with a resident regardless of the term of
22 the lease, provided the resident:
23 (1) is complying with the rules of the manufactured home
24 community;
25 (2) is paying the rent due; and
26 (3) desires to continue living in the manufactured housing
27 community."
28 (c) The only basis for the recovery of a manufactured home
29 space by an owner of a manufactured home community shall be:
30 (1) When a resident is legally evicted as provided by this
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1 act.
2 (2) When the owner and resident mutually agree in writing to
3 the termination of a lease.
4 (3) At the expiration of a lease, provided the resident
5 determines that he or she no longer desires to reside in the
6 community and notifies the owner in writing of that intent.
7 Section 5. Section 4 of the act is amended to read:
8 Section 4. [Park] Community Rules and Regulations.--(a) The
9 owner or operator of a [mobile home park] manufactured home
10 community may at any time establish fair and reasonable rules
11 and regulations reasonably related to the health, or safety of
12 residents in the [park] community or to the upkeep of the [park,
13 provided such rules and regulations] community, provided the
14 rules and regulations are not arbitrary or capricious and are
15 included in any written lease and delivered to existing
16 residents and are posted in a conspicuous and readily accessible
17 place in the [mobile home park.] manufactured home community.
18 Where a residents association exists within the manufactured
19 home community, proposed rules and regulations shall first be
20 submitted to the residents association for review and comment
21 prior to their going into effect. The residents association
22 shall have 45 days from receipt to submit their comments in
23 writing to the manufactured home community owner. No rule,
24 however, shall prevent the placement of any sign, either on the
25 property or on the manufactured home, advertising the
26 manufactured home for sale.
27 (b) Where rules and regulations posted according to
28 provisions of this section are considered by a majority of the
29 manufactured home residents to be unreasonable, a petition
30 signed by at least 51% of the manufactured home residents,
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1 listing the rules and regulations considered unreasonable, along
2 with reasons why, may be submitted by the manufactured home
3 residents to the Bureau of Consumer Protection in the Office of
4 Attorney General. The Bureau of Consumer Protection shall rule
5 on the reasonableness of the rules or regulations in question
6 within 90 days of receipt of the petition from the manufactured
7 home residents. If the Bureau of Consumer Protection determines
8 that a rule or regulation is unreasonable, it shall order the
9 owner or owners of a manufactured home community to rescind the
10 rule or regulation. The Bureau of Consumer Protection may also
11 advise the owner or owners of a manufactured home community with
12 respect to any modification of any proposed rule or regulation.
13 (c) All rules or rental charges shall be uniformly applied
14 to all [mobile] manufactured home residents or prospective
15 [mobile] manufactured home residents of the same or similar
16 category. [When the lease or rental agreement is oral, the] The
17 resident shall be provided with a written copy of such rules and
18 regulations prior to the owner's or operator's acceptance of any
19 initial deposit, fee or rent. [In addition a copy of this act
20 shall be posted in a conspicuous and readily accessible place in
21 the mobile home park and a copy of the following notice shall be
22 reproduced in capital typewritten letters or in ten-point
23 boldface print and be given to each resident upon entering into
24 the lease.] In addition, a copy of this act as well as a copy of
25 the act creating the office of the manufactured housing
26 ombudsman and information on the same prepared by the office of
27 the manufactured housing ombudsman shall be provided to every
28 resident of the community prior to their signing a lease as well
29 as posted in a conspicuous and readily accessible place in the
30 manufactured home community. The prospective resident shall,
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1 prior to signing a lease, sign a form to be prepared by the
2 office of the manufactured housing ombudsman attesting to the
3 fact that prior to signing a lease, the prospective lessee was
4 provided the information required by this section and in
5 addition to that, all provisions of this section have been
6 complied with by the manufactured housing community owner. A
7 copy of this signed form shall be given to the prospective
8 lessee and a copy of the form shall be retained by the
9 manufactured housing community owner for review by the office of
10 the manufactured housing ombudsman. A copy of the following
11 notice shall also be reproduced in capital typewritten letters
12 or in ten-point boldface print and given to each resident upon
13 entering into the lease.
14 "IMPORTANT NOTICE REQUIRED BY LAW
15 The rules set forth below govern the terms of your lease
16 or occupancy agreement with this [mobile home park]
17 manufactured home community. The law requires all of these
18 rules to be fair and reasonable.
19 You may continue to stay in this [park] community as long
20 as you pay your rent and other reasonable fees, service
21 charges and assessments hereinafter set forth and abide by
22 the rules of the [park] community. Entrance and exit fees may
23 not be charged. Installation and removal fees may not be
24 charged in excess of the actual cost to the [mobile home
25 park] manufactured home community owner or operator for
26 providing such service for the installation or removal of a
27 [mobile home in a mobile] manufactured home in a manufactured
28 home space.
29 You may not be evicted except for any of the following
30 reasons:
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1 (1) Nonpayment of rent.
2 (2) A second or subsequent violation of the rules of the
3 [mobile home park] manufactured home community occurring
4 within a six-month period.
5 (3) If there is a change in use of the [park] community
6 land or parts thereof.
7 (4) Termination of [mobile home park.] manufactured home
8 community.
9 If evicted for reason (2) above, you shall have six
10 months following the eviction proceedings to remove the
11 manufactured home from the manufactured home community. The
12 owners or operators of the manufactured home community shall
13 actively assist you in locating an alternative comparable
14 site and shall demonstrate evidence of their assistance at
15 the termination of the six-month period.
16 If evicted for reasons (3) or (4) above, no one may be
17 evicted until the expiration of the term of their lease in
18 effect at the time.
19 Prior to the initiation of any eviction proceeding, the
20 owner of the manufactured housing community shall first
21 notify you in writing of your right to file a complaint with
22 the office of the manufactured housing ombudsman if you feel
23 the eviction is not justified. The notice shall also inform
24 you that the filing of the complaint shall stay the eviction
25 proceeding pending the completion of an investigation by the
26 manufactured housing ombudsman on the merit and legality of
27 the proposed eviction and a subsequent ruling by the
28 ombudsman concerning it.
29 You shall only be evicted in accordance with the
30 following procedure:
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1 (1) A resident shall not be evicted [by] for any self-
2 help measure[.] which shall include the formation of or
3 participation in any manufactured housing community
4 association whose purpose is to promote the rights of
5 residents living in manufactured housing whether the
6 association is a community association or a State or county
7 association.
8 (2) Prior to the commencement of any eviction
9 proceeding, the [mobile home park] manufactured home
10 community owner shall notify you in writing of the particular
11 breach or violation of the lease or [park] community rules by
12 certified or registered mail.
13 (i) In the case of nonpayment of rent, the notice shall
14 state that an eviction proceeding may be commenced if the
15 [mobile] manufactured home resident does not pay the overdue
16 rent within 20 days from the date of service if the notice is
17 given on or after April 1 and before September 1, and 30 days
18 if given on or after September 1 and before April 1 or an
19 additional nonpayment of rent occurring within six months of
20 the giving of the notice may result in immediate eviction
21 proceedings.
22 (ii) In the case of a breach of the lease or violation
23 of the [park] community rules, other than nonpayment of rent,
24 the notice shall describe the particular breach or violation.
25 No eviction action shall be commenced unless you have been
26 notified as required by this section, and upon a second or
27 subsequent violation or breach occurring within six months,
28 the [mobile home park] manufactured home community owner may
29 commence eviction proceedings at any time within 60 days of
30 the last violation or breach.
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1 You shall not be evicted when there is proof that the
2 rules you are accused of violating are not enforced with
3 respect to the other [mobile] manufactured home residents or
4 nonresidents on the [park] community premises.
5 In addition, no eviction proceeding for nonpayment of
6 rent may be commenced against you until you have received
7 notice by certified or registered mail of the nonpayment and
8 have been given to pay the overdue rent 20 days from the date
9 of service if the notice is given on or after April 1 and
10 before September 1, and 30 days if given on or after
11 September 1 and before April 1. However, only one notice of
12 overdue rent is required to be sent to you during any six-
13 month period. If a second or additional violation occurs
14 within six months from the date of the first notice then
15 eviction proceedings may be immediately started against you.
16 You are entitled to contact the office of the
17 manufactured housing ombudsman to file a complaint with
18 respect to the following:
19 (1) Disputes with owners and managers of manufactured
20 housing communities in general.
21 (2) Disputes with owners and managers of manufactured
22 housing communities over the interpretation of provisions
23 contained in this act.
24 (3) Disputes with owners and managers of manufactured
25 housing communities over the approval of a prospective
26 purchaser of an existing manufactured home owned by a
27 resident.
28 (4) The reasonableness of rules and regulations
29 promulgated by manufactured housing community owners pursuant
30 to this act.
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1 (5) Environmental concerns including, but not limited
2 to, the provisions of safe drinking water and proper sewage
3 disposal.
4 (6) Interpretation of provisions of lease agreements.
5 (7) The reasonableness of proposed rent increases.
6 (8) The reasonableness of pending eviction procedures.
7 You are entitled to purchase goods or services, including
8 the manufactured home itself, from a seller of your choice
9 and the [park] community owner shall not restrict your right
10 to do so.
11 With respect to maintenance and repairs of manufactured
12 homes, you, as a manufactured home resident shall have the
13 right to engage the services of an experienced professional
14 contractor of your choice or, where feasible, you may perform
15 the needed work yourself or engage the services of a
16 nonprofessional, provided performing such work yourself or by
17 a nonprofessional is not prohibited by any municipal building
18 or housing codes and further provided the individual or
19 individuals performing the work is capable of performing the
20 work in a safe and professional manner while maintaining the
21 aesthetic quality of the manufactured home and its
22 surroundings.
23 If you desire to sell your [mobile] manufactured home,
24 the [mobile home park] manufactured home community owner may
25 not prevent the sale and may not claim any fee in connection
26 therewith, unless there exists a separate written agreement.
27 However, the [mobile home park] manufactured home community
28 owner may reserve the right to approve the purchaser as a
29 resident in the [mobile home park] manufactured home
30 community.
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1 Enforcement of the [Mobile Home Park] Manufactured Home
2 Community Rights Act is by the Attorney General of the
3 Commonwealth of Pennsylvania or the District Attorney of the
4 county in which the [mobile home park] manufactured home
5 community is located. You may also bring a private cause of
6 action. If your rights are violated you may contact the State
7 Bureau of Consumer Protection or your local District
8 Attorney."
9 Section 6. The act is amended by adding a section to read:
10 Section 4.1. Homeowner's Meetings.--(a) No provision
11 contained in any manufactured home community lease, rule or
12 regulation shall deny or prohibit the right of any manufactured
13 homeowner living in a manufactured housing community to do any
14 of the following:
15 (1) Peacefully assemble or meet in the community at
16 reasonable hours and in a reasonable manner for any lawful
17 purpose. Meetings may be held in the manufactured home community
18 recreational hall or clubhouse, if one exists, when the
19 facilities are not otherwise in use, with the consent of the
20 manufactured home community owner, or in any manufactured home
21 located within the community.
22 (2) Invite public officials, candidates for public office,
23 or representatives of manufactured housing organizations to meet
24 with the residents and speak upon matters of mutual interest.
25 (3) Canvas and petition manufactured homeowners for any
26 noncommercial purposes, including manufactured housing issues or
27 election to public office, at reasonable hours and in a
28 reasonable manner, including the distribution or circulation of
29 information.
30 (4) Post meeting notices and announcements in a conspicuous
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1 place within the manufactured housing community.
2 (b) Any interference with the provisions of subsection (a)
3 by an owner of a manufactured housing community shall constitute
4 a violation of this act.
5 Section 7. Sections 5, 6, 7, 8 and 9 of the act are amended
6 to read:
7 Section 5. Underskirting and Tie-down Equipment.--A [mobile
8 home park] manufactured home community owner or operator may
9 designate the type of material or manner of installation for
10 underskirting, awnings, porches, fences or other additions and
11 alterations to the exterior of the [mobile] manufactured home
12 and tie-down equipment used in a [mobile] manufactured home
13 space in order to insure the safety and good appearance of the
14 [mobile home park] manufactured home community, but under no
15 circumstances may a resident be required to purchase such
16 equipment from a supplier designated by the [park] community
17 owner or operator. The owner of a manufactured home community
18 may not order subsequent changes to the underskirting, awnings,
19 porches, fences or other additions or alterations to the
20 exterior of the manufactured home and tie-down equipment
21 following the initial installation by a manufactured home
22 resident at the request of a manufactured home owner, except for
23 the purpose of replacing damaged items which pose a threat to
24 the public safety of residents and visitors or which, in their
25 damaged condition, negatively affect the aesthetic quality of
26 the manufactured home and its surroundings.
27 Section 6. Disclosure of Fees.--(a) All rent, fees, service
28 charges and assessments shall be fully disclosed in writing to a
29 resident prior to the owner or operator's acceptance of any
30 initial deposit, fee or rent. Failure to disclose such rent,
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1 fees, service charges and assessments shall render them void and
2 unenforceable in the courts of the Commonwealth. Increases in
3 such rent, fees, service charges and assessments shall be
4 unenforceable until 30 days after notice thereof has been posted
5 in the [mobile home park] manufactured home community and mailed
6 to the resident. However, rent shall not be increased during the
7 term of the lease.
8 (b) Any fee charged to a resident by the owner of a
9 manufactured home community or a subsidiary company, for trash
10 removal, sewage disposal, water, electric, oil, gas or other
11 utility type service, shall not unreasonably exceed the rate
12 paid by customers of private companies or corporations regulated
13 by the Pennsylvania Public Utility Commission, or municipal
14 authorities or municipalities in the same geographic area for
15 similar services.
16 Section 7. Appliance Installation Fees.--No [mobile home
17 park] manufactured home community owner or operator may restrict
18 the making of any interior improvements in a [mobile]
19 manufactured home so long as such improvements are in compliance
20 with applicable building codes and other provisions of law; nor
21 may he restrict the installation, service or maintenance of an
22 electric or gas appliance in a [mobile] manufactured home or
23 charge any fee for such installation unless the fee reflects the
24 actual cost to the [mobile home park] manufactured home
25 community owner or operator of such installation or its use.
26 Section 8. Entrance and Exit Fees[.--]; Condition Leases.--
27 (a) Entrance and exit fees may not be charged.
28 (b) No manufactured home community owner or agent or other
29 person acting on behalf of the owner shall require a resident or
30 prospective resident to purchase any equipment or a manufactured
19920H2747B3620 - 17 -
1 home from the owner or a designated dealer as a condition to
2 lease a manufactured home community space.
3 Section 9. Installation and Removal Fees.--Any fee charged
4 for the installation or removal of a [mobile home in a mobile
5 home] manufactured home in a manufactured home space shall not
6 exceed the actual cost to the [mobile home park] manufactured
7 home community owner or operator for providing such service.
8 Such fees shall be refundable to the resident at the time of
9 removal in the event that the owner or operator acts to recover
10 possession of said space for reasons other than nonpayment of
11 rent or breach of a condition of the lease within one year of
12 the initial installation of such [mobile] manufactured home.
13 Failure to refund such fees as provided shall entitle the tenant
14 to recover treble their amount plus court costs and reasonable
15 attorney fees.
16 Imposition of this type of entrance fee shall not bar the
17 [mobile home park] manufactured home community owner or operator
18 from requiring a security deposit in accordance with the act of
19 April 6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant
20 Act of 1951."
21 Section 8. The act is amended by adding a section to read:
22 Section 9.1. Removal of Certain Parts.--No manufactured home
23 owner or manager may remove or cause to be removed the axles,
24 wheels and/or tires from a manufactured home when the home is
25 set up in the community without the written consent of the
26 manufactured home owner. When the removal is required by the
27 community owner or manager and they take possession of these
28 items when removed for storage purposes, the owner or manager of
29 the manufactured home community shall pay the manufactured home
30 owner the actual value of these items prior to their being
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1 removed.
2 Section 9. Sections 10 and 11 of the act are amended to
3 read:
4 Section 10. Other Fees.--In accordance with a resident's
5 right to invite to his dwelling unit such social and business
6 visitors as he wishes, no fee may be charged for overnight
7 visitors or guests occupying a resident's [mobile] manufactured
8 home. However, if such overnight visitors or guests so
9 frequently remain overnight for residential purposes so as to
10 increase the number of persons normally living in said unit, the
11 owner or operator of a [mobile home park] manufactured home
12 community may revise the rent due to conform to the rent paid by
13 other residents with a like number of members in their
14 household. The owner of a manufactured home community may not
15 require the registration of overnight guests.
16 Section 11. Sale of [Mobile] Manufactured Homes.--Any rule,
17 regulation or condition of a lease purporting to prevent the
18 sale or advertisement of the sale of a [mobile] manufactured
19 home belonging to a resident shall be void and unenforceable in
20 the courts of the Commonwealth. The [mobile home park]
21 manufactured home community owner or operator may reserve the
22 right to approve the purchaser of said [mobile] manufactured
23 home as a resident, but such approval may not be unreasonably
24 withheld. Any claim for a fee or commission in connection with
25 the sale of such [mobile] manufactured home shall be void and
26 unenforceable unless the claimant shall in fact have acted as a
27 bona fide licensed [mobile] manufactured home sales agent for
28 the [mobile] manufactured home owner pursuant to a separate
29 written agreement.
30 Section 10. The act is amended by adding sections to read:
19920H2747B3620 - 19 -
1 Section 11.1. Sale of Manufactured Homes.--(a) (1)
2 Approval of a prospective purchaser cannot be withheld if the
3 purchaser has the financial ability to pay the rent and charges
4 of the manufactured home community. In determining whether the
5 purchaser has the financial ability to pay the rent and charges,
6 the management shall not require the purchaser to submit copies
7 of any personal income tax returns in order to obtain approval
8 for residency in the manufactured home community. However,
9 management may require the purchaser to document the amount and
10 source of his or her gross monthly income or means of financial
11 support.
12 (2) Within 15 business days of receiving all the information
13 requested from the prospective homeowner, the management shall
14 notify the seller and the prospective homeowner in writing of
15 either acceptance or rejection of the application and the reason
16 if rejected. During this fifteen-day period, the prospective
17 homeowner shall comply with the management's request, if any,
18 for a personal interview. If the approval of a prospective
19 homeowner is withheld for any reason other than those stated in
20 this act, the management and/or manufactured home community
21 owner shall be held liable for all damages resulting therefrom.
22 (b) No owner of a manufactured home community shall require
23 a resident who sells a manufactured home located in the
24 manufactured home community to remove that home from that
25 community upon the sale because of the age of the home, provided
26 the home is in such condition that it would not be injurious to
27 the health, welfare and safety of a prospective purchaser. Any
28 manufactured home located in a manufactured home community shall
29 be presumed to meet this test if it was constructed in
30 accordance with any nationally recognized building or
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1 construction codes or standards. It shall be the burden of the
2 manufactured home community owner to prove that a home for sale
3 would be injurious to the health, welfare and safety of a
4 prospective purchaser. In such case, the owner shall be given
5 the option of making improvements to correct any existing safety
6 deficiencies or removing the home.
7 (c) No improvements to any manufactured home prior to sale
8 may be required by any owner of a manufactured home community
9 unless those improvements are directly related to conditions
10 which need to be improved in order to insure the health, welfare
11 and safety of a prospective purchaser. Improvements for
12 aesthetic reasons are strictly prohibited.
13 (d) The inspection of a manufactured home prior to its sale
14 that may be required by the owners of a manufactured home
15 community is only an inspection to insure the structural
16 integrity of the load-bearing segments of the home or to inspect
17 items directly affecting the health, welfare and safety of a
18 prospective purchaser. The inspection may not be made by the
19 owners of any manufactured home community, the management or
20 their agents. Such inspection shall only be made by a qualified
21 inspector, knowledgeable in manufactured housing construction
22 and installation and selected by the owner of the manufactured
23 home.
24 (e) No manufactured home located in a manufactured home
25 community that has been sold to someone and occupied for any
26 length of time may be resold to another individual as new.
27 Prospective purchasers shall be informed of the fact that a home
28 was sold previously and in the case of multiple sales, the dates
29 of same and the length of occupancy by the purchasers and said
30 home shall have its sale price reduced for a prospective
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1 purchaser to reflect the fact that the home being sold was a
2 preowned home. No such home may be subsequently titled as an A
3 title home from the Department of Transportation if sold
4 previously and occupied for any length of time.
5 Section 11.2. Sewer and Water Facilities.--(a) Manufactured
6 home communities providing on site sewer and/or water service to
7 residents shall comply with all applicable provisions of the
8 following statutes:
9 (1) Act of June 22, 1937 (P.L.1987, No.394), known as "The
10 Clean Streams Law."
11 (2) Act of January 24, 1966 (1965 P.L.1535, No.537), known
12 as the "Pennsylvania Sewage Facilities Act."
13 (3) Act of May 1, 1984 (P.L.206, No.43), known as the
14 "Pennsylvania Safe Drinking Water Act."
15 (b) Manufactured home community owners within 30 days of the
16 effective date of this section shall notify the Department of
17 Environmental Resources of the fact that they provide residents
18 with water service and/or sewage disposal service and request an
19 inspection by the Department of Environmental Resources to
20 insure that all applicable requirements of the acts listed under
21 subsection (a) are presently being complied with by that
22 manufactured home community.
23 (c) Those manufactured home communities that are found to be
24 in compliance with all requirements of the acts listed under
25 subsection (a), following the inspection by the Department of
26 Environmental Resources, shall be issued a certificate of
27 compliance by the Department of Environmental Resources which
28 shall be available for inspection upon request by community
29 residents or prospective lessees. Those manufactured home
30 communities not meeting one or more of the requirements of the
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1 acts listed under subsection (a) shall be given 90 days to
2 comply. Additional time may be granted by the Department of
3 Environmental Resources if warranted.
4 (d) The Department of Environmental Resources shall prepare
5 and adopt regulations necessary to carry out the provisions of
6 this section which may include inspection fees to cover the
7 administrative costs associated with the enforcement of the
8 provisions of this section.
9 Section 11. Sections 12 and 13 of the act are amended to
10 read:
11 Section 12. Waiver of Rights.--The rights and duties of
12 [mobile home park] manufactured home community owners and
13 operators and the [mobile] manufactured home residents may not
14 be waived by any provisions of a written or oral agreement. Any
15 such agreement attempting to limit these rights shall be void
16 and unenforceable in the courts of the Commonwealth.
17 Section 13. [Damages.--Any mobile home park owner, operator
18 or resident aggrieved by a violation of their rights under this
19 act may institute a private cause of action to recover damages,
20 or for treble damages where so provided in this act, or for
21 restitution in any appropriate court of initial jurisdiction
22 within the Commonwealth.] Damages and Civil Penalties.--(a)
23 Persons who violate this act shall pay a civil penalty of $1,000
24 for each violation of this act plus costs of litigation.
25 (b) Any person aggrieved by a violation of this act may
26 institute a private cause of action to recover three times the
27 damages plus the costs of suit and attorney fees caused by such
28 violation of this act.
29 Section 12. The act is amended by adding a section to read:
30 Section 14.1. Fair Housing Act Compliance.--All manufactured
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1 housing communities governed by this act shall comply with all
2 applicable provisions of the Fair Housing Act (Public Law 90-
3 284, 42 U.S.C. § 3601 et seq.).
4 Section 13. Sections 15 and 16 of the act are amended to
5 read:
6 Section 15. Enforcement.--(a) The Attorney General shall
7 have the power and it shall be his duty to enforce the
8 provisions of this act, but in no event shall an individual be
9 prohibited or otherwise restricted from initiating a private
10 cause of action pursuant to any right or remedy conferred by
11 this act.
12 (b) Violation of this act shall constitute a violation of
13 the act of December 17, 1968 (P.L.1224, No.387), known as the
14 "Unfair Trade Practices and Consumer Protection Law."
15 Section 16. Retaliatory Evictions.--Any action by a [mobile
16 home park] manufactured home community owner or operator to
17 recover possession of real property from a [mobile home park]
18 manufactured home community resident or to change the lease
19 within six months of a resident's assertion of his rights under
20 this act or any other legal right shall raise a presumption that
21 such action constitutes a retaliatory and unlawful eviction by
22 the owner or operator and is in violation of this act. Such a
23 presumption may be rebutted by competent evidence presented in
24 any appropriate court of initial jurisdiction within the
25 Commonwealth.
26 Section 14. This act shall take effect in 60 days.
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