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| PRIOR PRINTER'S NO. 3105 | PRINTER'S NO. 3691 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY R. TAYLOR, HARPER, BISHOP, BRADFORD, BRENNAN, D. COSTA, GRUCELA, HENNESSEY, KAUFFMAN, KORTZ, MURT, SIPTROTH, SWANGER, WATERS AND YOUNGBLOOD, JANUARY 20, 2010 |
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| AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2010 |
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| AN ACT |
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1 | Amending the act of November 24, 1976 (P.L.1176, No.261), |
2 | entitled "An act providing for the rights and duties of |
3 | mobile home owners or operators and mobile home residents," |
4 | further providing for short title, for definitions and and | <-- |
5 | for definitions; providing for written leases; further |
6 | providing for disclosure of fees; and making editorial |
7 | changes. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. The title and section 1 of the act of November |
11 | 24, 1976 (P.L.1176, No.261), known as the Mobile Home Park |
12 | Rights Act, are amended to read: |
13 | AN ACT |
14 | Providing for the rights and duties of [mobile] manufactured |
15 | home owners or operators and [mobile] manufactured home |
16 | residents. |
17 | Section 1. Short Title.--This act shall be known and may be |
18 | cited as the ["Mobile Home Park Rights Act."] "Manufactured Home |
19 | Community Owner Disclosure and Tenant Rights Act." | <-- |
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1 | Section 2. The act is amended by adding a section to read: | <-- |
2 | Section 1.1. Legislative Declaration.--The General Assembly |
3 | finds and declares that: |
4 | (1) Many seniors are on fixed incomes comprised principally |
5 | of small pensions and Social Security income. |
6 | (2) Seniors that live and own manufactured homes and reside |
7 | in a manufactured home community are often faced with rent |
8 | payments that increase faster than their Social Security cost- |
9 | of-living adjustments. |
10 | (3) Seniors who have lived in manufactured homes for many |
11 | years are less able than younger residents to adapt to a new |
12 | location and afford the increasing costs of moving a |
13 | manufactured home. |
14 | (4) Therefore, to protect the health and well-being of |
15 | seniors who own manufactured homes within a manufactured home |
16 | community, it is in the public interest to ensure those seniors |
17 | can afford the rent to avoid displacement due to rents that |
18 | increase faster than their income. |
19 | Section 3. Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and |
20 | 16 of the act are amended to read: |
21 | Section 2. Sections 2, 3 and 4 of the act are amended to | <-- |
22 | read: |
23 | Section 2. Definitions.--As used in this act: |
24 | "Agency." The Office of Attorney General. | <-- |
25 | ["Mobile home" means a] "Manufactured home." A |
26 | transportable, single-family dwelling unit intended for |
27 | permanent occupancy and constructed as a single unit, or as two |
28 | or more units designed to be joined into one integral unit |
29 | capable of again being separated for repeated towing, which |
30 | arrives at a site complete and ready for occupancy except for |
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1 | minor and incidental unpacking and assembly operations, and |
2 | constructed so that it may be used without a permanent |
3 | foundation. |
4 | ["Mobile home park" means any] "Manufactured home community." |
5 | A site, lot, field or tract of land, privately or publicly owned |
6 | or operated, upon which three or more [mobile] manufactured |
7 | homes, occupied for dwelling or sleeping purposes, are or are |
8 | intended to be located, regardless of whether or not a charge is |
9 | made for such accommodation. |
10 | "Manufactured home community owner" or "community owner." An | <-- |
11 | owner or operator of a manufactured home community. |
12 | ["Mobile home resident" means an] "Manufactured home |
13 | resident." An owner of a [mobile] manufactured home who leases |
14 | or rents space in a [mobile home park] manufactured home |
15 | community. The term does not include a person who rents or |
16 | leases a [mobile] manufactured home. |
17 | ["Mobile home space" means a] "Manufactured home space." A |
18 | plot of ground within a [mobile home park] manufactured home |
19 | community designed for the accommodation of one [mobile] |
20 | manufactured home. |
21 | "Manufactured home space rental agreement" or "rental | <-- |
22 | agreement." Any mutual understanding or lease, whether oral or |
23 | written, between a manufactured home resident and a manufactured |
24 | home community owner in which the manufactured home resident is |
25 | entitled to place that resident's manufactured home on a |
26 | manufactured home space for either direct or indirect |
27 | remuneration of the manufactured home community owner. The term |
28 | includes any ground rent charged to the manufactured home |
29 | resident. |
30 | "Operator of a manufactured home community" or "operator." |
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1 | Either a person who establishes a manufactured home community on |
2 | land which is leased from another person or a person who has |
3 | been delegated the authority to act as the community owner in |
4 | matters relating to the administration and management of the |
5 | manufactured home community, including, but not limited to, |
6 | authority to make decisions relating to the manufactured home |
7 | community. |
8 | "Prospective lessee." A person who rents or owns a |
9 | manufactured home and is considering entering into a rental |
10 | agreement with a manufactured home owner or operator for a |
11 | manufactured home space. |
12 | ["Rent" means ground] "Rent." Ground rent for a [mobile] |
13 | manufactured home site. |
14 | "Senior." A resident of this Commonwealth who is at least 55 | <-- |
15 | years of age. |
16 | "Service [charges" means charges] charges." Charges for |
17 | electricity, gas service which is underground and piped directly |
18 | to individual units within [the [park] a manufactured home | <-- |
19 | community, trash removal, sewage [and water], water, cable and | <-- |
20 | all other utilities. |
21 | Section 3. Evictions.--(a) A [mobile] manufactured home |
22 | [resident shall only be evicted for any] community owner may | <-- |
23 | terminate or refuse to renew the lease of a manufactured home |
24 | community resident or may evict the resident only for one of the |
25 | following reasons: |
26 | (1) Nonpayment of rent. |
27 | (2) A second or subsequent violation of the rules of the |
28 | [mobile home park] manufactured home community occurring within |
29 | a six-month period. |
30 | (3) If there is a change in use of the [park] community land |
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1 | or parts thereof. |
2 | (4) Termination of [mobile home park] manufactured home |
3 | community. |
4 | (b) A [mobile] manufactured home resident shall only be |
5 | evicted in accordance with the following procedure: |
6 | (1) A resident shall not be evicted [by] for any self-help |
7 | measure. |
8 | (2) Prior to the commencement of any eviction proceeding or | <-- |
9 | the termination of or failure to renew the lease of a resident, |
10 | the [mobile home park] manufactured home community owner shall |
11 | notify the [mobile home park] manufactured home community |
12 | resident in writing of the particular breach or violation of the |
13 | lease or [park] community rules by certified or registered mail. |
14 | (i) In the case of nonpayment of rent, the notice shall |
15 | state that an eviction proceeding may be commenced if the |
16 | [mobile] manufactured home resident does not pay the overdue |
17 | rent within 20 days from the date of service if the notice is |
18 | given on or after April 1 and before September 1, and 30 days if |
19 | given on or after September 1 and before April 1 or an |
20 | additional nonpayment of rent occurring within six months of the |
21 | giving of the notice may result in immediate eviction |
22 | proceedings. |
23 | (ii) In the case of a breach of the lease or violation of |
24 | the [park] community rules, other than nonpayment of rent, the |
25 | notice shall describe the particular breach or violation. No |
26 | eviction action shall be commenced nor shall the manufactured | <-- |
27 | home community owner terminate or refuse to renew the lease of |
28 | the manufactured home community resident unless the [mobile home |
29 | park] manufactured home community resident has been notified as |
30 | required by this section, and upon a second or subsequent |
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1 | violation or breach occurring within six months, the [mobile |
2 | home park] manufactured home community owner may commence |
3 | eviction proceedings at any time within 60 days of the last |
4 | violation or breach. |
5 | (c) A [mobile] manufactured home community resident shall | <-- |
6 | not be evicted nor shall the manufactured home community owner | <-- |
7 | terminate or refuse to renew the lease of a manufactured home |
8 | community resident when there is proof that the rules he is |
9 | accused of violating are not enforced with respect to the other |
10 | [mobile] manufactured home residents or nonresidents on the |
11 | [park] community premises. |
12 | Section 4. [Park] Community Rules and Regulations.--(a) The |
13 | owner or operator of a [mobile home park] manufactured home |
14 | community may at any time establish fair and reasonable rules |
15 | and regulations reasonably related to the health, or safety of |
16 | residents in the [park] community or to the upkeep of the [park, |
17 | provided such rules and regulations] community, provided the |
18 | rules and regulations are not arbitrary or capricious and are |
19 | included in any written lease and delivered to existing |
20 | residents and are posted in a conspicuous and readily accessible |
21 | place in the [mobile home park.] manufactured home community. |
22 | (b) All rules or rental charges shall be uniformly applied |
23 | to all [mobile] manufactured home residents or prospective |
24 | [mobile] manufactured home residents of the same or similar |
25 | category. When the lease or rental agreement is oral, the |
26 | resident shall be provided with a written copy of such rules and |
27 | regulations prior to the owner's or operator's acceptance of any |
28 | initial deposit, fee or rent. In addition a copy of this act |
29 | shall be posted in a conspicuous and readily accessible place in |
30 | the mobile home park and a copy of the following notice shall be |
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1 | reproduced in capital typewritten letters or in ten-point |
2 | boldface print and be given to each resident upon entering into |
3 | the lease. |
4 | "IMPORTANT NOTICE REQUIRED BY LAW |
5 | The rules set forth below govern the terms of your lease or |
6 | occupancy agreement with this [mobile home park] manufactured |
7 | home community. The law requires all of these rules to be fair |
8 | and reasonable. |
9 | You may continue to stay in this [park] community as long as |
10 | you pay your rent and other reasonable fees, service charges and |
11 | assessments hereinafter set forth and abide by the rules of the |
12 | [park] community. Entrance and exit fees may not be charged. |
13 | Installation and removal fees may not be charged in excess of |
14 | the actual cost to the [mobile home park] manufactured home |
15 | community owner or operator for providing such service for the |
16 | installation or removal of a [mobile home in a mobile] |
17 | manufactured home in a manufactured home space. |
18 | You may be evicted for any of the following reasons: |
19 | (1) Nonpayment of rent. |
20 | (2) A second or subsequent violation of the rules of the |
21 | [mobile home park] manufactured home community occurring within |
22 | a six-month period. |
23 | (3) If there is a change in use of the [park] community land |
24 | or parts thereof. |
25 | (4) Termination of [mobile home park.] manufactured home |
26 | community. |
27 | You shall only be evicted in accordance with the following |
28 | procedure: |
29 | (1) A resident shall not be evicted [by] for any self-help |
30 | measure. |
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1 | (2) Prior to the commencement of any eviction proceeding, |
2 | the [mobile home park] manufactured home community owner shall |
3 | notify you in writing of the particular breach or violation of |
4 | the lease or [park] community rules by certified or registered |
5 | mail. |
6 | (i) In the case of nonpayment of rent, the notice shall |
7 | state that an eviction proceeding may be commenced if the |
8 | [mobile] manufactured home resident does not pay the overdue |
9 | rent within 20 days from the date of service if the notice is |
10 | given on or after April 1 and before September 1, and 30 days if |
11 | given on or after September 1 and before April 1 or an |
12 | additional nonpayment of rent occurring within six months of the |
13 | giving of the notice may result in immediate eviction |
14 | proceedings. |
15 | (ii) In the case of a breach of the lease or violation of |
16 | the [park] community rules, other than nonpayment of rent, the |
17 | notice shall describe the particular breach or violation. No |
18 | eviction action shall be commenced unless you have been notified |
19 | as required by this section, and upon a second or subsequent |
20 | violation or breach occurring within six months, the [mobile |
21 | home park] manufactured home community owner may commence |
22 | eviction proceedings at any time within 60 days of the last |
23 | violation or breach. |
24 | You shall not be evicted when there is proof that the rules |
25 | you are accused of violating are not enforced with respect to |
26 | the other [mobile] manufactured home residents or nonresidents |
27 | on the [park] community premises. |
28 | In addition, no eviction proceeding for nonpayment of rent |
29 | may be commenced against you until you have received notice by |
30 | certified or registered mail of the nonpayment and have been |
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1 | given to pay the overdue rent 20 days from the date of service |
2 | if the notice is given on or after April 1 and before September |
3 | 1, and 30 days if given on or after September 1 and before April |
4 | 1. However, only one notice of overdue rent is required to be |
5 | sent to you during any six-month period. If a second or |
6 | additional violation occurs within six months from the date of |
7 | the first notice then eviction proceedings may be immediately |
8 | started against you. |
9 | You are entitled to purchase goods or services from a seller |
10 | of your choice and the [park] community owner shall not restrict |
11 | your right to do so. |
12 | If you desire to sell your [mobile] manufactured home, the |
13 | [mobile home park] manufactured home community owner may not |
14 | prevent the sale and may not claim any fee in connection |
15 | therewith, unless there exists a separate written fee agreement. |
16 | However, the [mobile home park] manufactured home community |
17 | owner may reserve the right to approve the purchaser as a |
18 | resident in the [mobile home park.] manufactured home community. |
19 | Enforcement of the [Mobile Home Park] Manufactured Home |
20 | Community Rights Act is by the Attorney General of the |
21 | Commonwealth of Pennsylvania or the District Attorney of the |
22 | county in which the [mobile home park] manufactured home |
23 | community is located. You may also bring a private cause of |
24 | action. If your rights are violated you may contact the State |
25 | Bureau of Consumer Protection or your local District Attorney." |
26 | Section 3. The act is amended by adding a section to read: | <-- |
27 | Section 4-A. Written Lease.--(a) Every lease for a |
28 | manufactured home space shall be in writing and shall be for a |
29 | term of one years, unless a longer period is mutually agreed |
30 | upon by both the manufactured home resident and manufactured |
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1 | home community owner, and shall be renewable except for good |
2 | cause. |
3 | (b) Sixty days prior to the expiration of the term of a |
4 | manufactured home community lease, the manufactured home |
5 | community owner shall offer the manufactured home community |
6 | resident a renewal lease for the same term and with the same |
7 | provisions as the original agreement, unless the manufactured |
8 | home community owner notifies the manufactured home community |
9 | resident in writing, at least sixty days prior to the expiration |
10 | of the lease. |
11 | Section 4. Sections 5, 6, 7, 9, 10, 11, 12, 13 and 16 of the |
12 | act are amended to read: |
13 | Section 5. Underskirting and Tie-down Equipment.--A [mobile |
14 | home park] manufactured home community owner or operator may |
15 | designate the type of material or manner of installation for |
16 | underskirting, awnings, porches, fences or other additions and |
17 | alterations to the exterior of the [mobile] manufactured home |
18 | and tie-down equipment used in a [mobile] manufactured home |
19 | space in order to insure the safety and good appearance of the |
20 | [mobile home park] manufactured home community, but under no |
21 | circumstances may a resident be required to purchase such |
22 | equipment from a supplier designated by the [park] community |
23 | owner or operator. |
24 | Section 6. Disclosure of Fees.--(a) All rent, fees, service |
25 | charges and assessments shall be fully disclosed in writing to a |
26 | prospective manufactured home resident prior to the manufactured | <-- |
27 | home community owner or operator's acceptance of any initial |
28 | deposit, fee or rent[.] and prior to execution of the lot rental | <-- |
29 | agreement. For current manufactured home residents the |
30 | manufactured home community owner or operator shall fully |
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1 | disclose all rent, fees, service charges and assessments in |
2 | writing prior to the execution of a mandatory lease of at least |
3 | one year in duration. |
4 | (b) The manufactured home community owner may request that |
5 | the prospective lessee or current manufactured home resident |
6 | sign a receipt indicating receipt of a copy of the required |
7 | disclosure and the manufactured home community rules and |
8 | regulations so long as these documents are clearly identified in |
9 | the receipt itself. The receipt shall indicate nothing more than |
10 | that the documents identified in the receipt have been received |
11 | by the manufactured home resident. |
12 | (c) Failure to disclose such rent, fees, service charges and |
13 | assessments shall render them void and unenforceable in the |
14 | courts of the Commonwealth. Increases in such rent, fees, |
15 | service charges and assessments shall be unenforceable until 30 |
16 | days after notice thereof has been posted in the [mobile home |
17 | park] manufactured home community and mailed to the manufactured | <-- |
18 | home resident. However, rent shall not be increased during the |
19 | term of the lease. |
20 | (b) Any rent increase to a senior resident may not exceed | <-- |
21 | the annual Social Security cost-of-living adjustment approved by |
22 | the Social Security Administration for that calendar year. |
23 | (d) The written disclosure shall contain a cover sheet with | <-- |
24 | the following statement in 12-point, sans-serif type, except the |
25 | term "15 days" in the final paragraph of the notice shall appear |
26 | in 16-point, sans-serif, bold type. |
27 | THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING |
28 | YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN |
29 | LEASING OR RENEWING OR SIGNING A NEW LEASE FOR A |
30 | MANUFACTURED HOME SPACE. MAKE SURE THAT YOU READ THE |
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1 | ENTIRE DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY |
2 | QUESTIONS REGARDING THE INFORMATION STATED IN THIS |
3 | DOCUMENT. |
4 | THE STATEMENTS CONTAINED IN THIS DISCLOSURE ARE ONLY |
5 | SUMMARY IN NATURE. A PROSPECTIVE LESSEE SHOULD REFER TO |
6 | ALL REFERENCES, INCLUDING ALL THE RENTAL AGREEMENT |
7 | DOCUMENTS AS WELL AS ANY RULES AND REGULATIONS THAT HAVE |
8 | BEEN ESTABLISHED FOR THE MANUFACTURED HOME COMMUNITY. |
9 | ORAL REPRESENTATIONS SHOULD NOT BE RELIED ON AS CORRECTLY |
10 | STATING THE REPRESENTATIONS OF THE MANUFACTURED HOME |
11 | COMMUNITY OWNER OR OPERATOR. INSTEAD, YOU SHOULD REFER TO |
12 | THE RENTAL AGREEMENT AND REQUIRED DISCLOSURE DOCUMENTS |
13 | FOR CORRECT REPRESENTATIONS. YOU SHOULD ALSO REFER TO THE |
14 | act of November 24, 1976 (P.L.1176, No.261), known as the |
15 | MANUFACTURED HOME COMMUNITY OWNER DISCLOSURE AND TENANT |
16 | RIGHTS ACT, TO BECOME FAMILIAR WITH YOUR OBLIGATIONS AND |
17 | RIGHTS AS A MANUFACTURED HOME RESIDENT. |
18 | YOU HAVE 15 DAYS FROM THE DATE YOU RECEIVED THIS |
19 | DOCUMENTATION TO CANCEL YOUR AGREEMENT IN WRITING TO THE |
20 | MANUFACTURED HOME COMMUNITY OWNER OR OPERATOR. |
21 | (e) All new leases, lease extensions and lease renewals |
22 | shall contain the following full disclosures: |
23 | (1) The manner in which utility and other services, |
24 | including, but not limited to, sewage and waste disposal, cable |
25 | television, water supply and storm drainage, will be provided, |
26 | and the entity providing them. The services and the lot rental |
27 | amount or user fees charged by the manufactured home community |
28 | owner for the services provided by the manufactured home |
29 | community owner shall also be disclosed. |
30 | (2) An explanation of the manner in which the manufactured |
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1 | home space rental amount will be increased, including, but not |
2 | limited to, notification to the manufactured home resident at |
3 | least 90 days in advance of the increase. |
4 | (3) Disclosure of any factors that may affect the lot rental |
5 | amount, including, but not limited to: |
6 | (i) Water rates. |
7 | (ii) Sewer rates. |
8 | (iii) Waste disposal rates. |
9 | (iv) Maintenance costs, including costs of deferred |
10 | maintenance. |
11 | (v) Management costs. |
12 | (vi) Property taxes. |
13 | (vii) Major repairs or improvements. |
14 | (viii) Any other fees, costs, assessments or service charges |
15 | that the manufactured home resident is required to pay or that |
16 | the manufactured home owner or operator intends to charge during |
17 | the terms of the rental agreement. |
18 | (4) Disclosure of the manner in which the pass-through |
19 | charges will be assessed. |
20 | (5) A report of the utility fees charged for the |
21 | manufactured home space during the previous year. |
22 | (6) Disclosure of all user fees currently charged for |
23 | services offered which the manufactured home resident may elect |
24 | to incur and the manner in which the fees will be increased. |
25 | (7) Any manufactured home community rules and regulations |
26 | that have been established and an explanation of the manner in |
27 | which the rules and regulations will be set, changed or |
28 | promulgated. |
29 | (8) A calculation of the rent history for the three full |
30 | calendar years immediately preceding the prospective initial |
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1 | rental agreement date. This information shall be for basic |
2 | manufactured home space rental only and does not apply to other |
3 | fees such as late charges and guest fees. The calculation shall |
4 | be made as of January of each year by adding the dollar amounts |
5 | and percentage amounts for aggregate rental increases, if any, |
6 | that took effect in the prior calendar year for every |
7 | manufactured home space in the manufactured home community and |
8 | dividing that number by the total number of occupied |
9 | manufactured home spaces for which rent was or could have been |
10 | increased. Additionally, the calculation of rent history shall |
11 | be posted at the manufactured home community's rental office and |
12 | in the same place as any rules and regulations that have been |
13 | established for the manufactured home community are posted. |
14 | (9) Citations or other documents from Federal, State or |
15 | local governmental agencies which require the manufactured home |
16 | community owner to take corrective action, including citations |
17 | from the Department of Environmental Protection regarding water |
18 | and sewage. Such information shall also be posted within the |
19 | community in the same place as manufactured home community rules |
20 | and regulations are displayed. |
21 | Section 7. Appliance Installation Fees.--No [mobile home |
22 | park] manufactured home community owner or operator may restrict |
23 | the making of any interior improvements in a [mobile] |
24 | manufactured home so long as such improvements are in compliance |
25 | with applicable building codes and other provisions of law; nor |
26 | may he restrict the installation, service or maintenance of an |
27 | electric or gas appliance in a [mobile] manufactured home or |
28 | charge any fee for such installation unless the fee reflects the |
29 | actual cost to the [mobile home park] manufactured home |
30 | community owner or operator of such installation or its use. |
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1 | Section 9. Installation and Removal Fees.--Any fee charged |
2 | for the installation or removal of a [mobile home in a mobile |
3 | home] manufactured home in a manufactured home space shall not |
4 | exceed the actual cost to the [mobile home park] manufactured |
5 | home community owner or operator for providing such service. |
6 | Such fees shall be refundable to the resident at the time of |
7 | removal in the event that the owner or operator acts to recover |
8 | possession of said space for reasons other than nonpayment of |
9 | rent or breach of a condition of the lease within one year of |
10 | the initial installation of such [mobile] manufactured home. |
11 | Failure to refund such fees as provided shall entitle the tenant |
12 | to recover treble their amount plus court costs and reasonable |
13 | attorney fees. |
14 | Imposition of this type of entrance fee shall not bar the |
15 | [mobile home park] manufactured home community owner or operator |
16 | from requiring a reasonable security deposit in accordance with |
17 | the act of April 6, 1951 (P.L.69, No.20), known as "The Landlord |
18 | and Tenant Act of 1951." |
19 | Section 10. Other Fees.--In accordance with a resident's |
20 | right to invite to his dwelling unit such social and business |
21 | visitors as he wishes, no fee may be charged for overnight |
22 | visitors or guests occupying a resident's [mobile] manufactured |
23 | home. However, if such overnight visitors or guests so |
24 | frequently remain overnight for residential purposes so as to |
25 | increase the number of persons normally living in said unit, the |
26 | owner or operator of a [mobile home park] manufactured home |
27 | community may revise the rent due to conform to the rent paid by |
28 | other residents with a like number of members in their |
29 | household. |
30 | Section 11. Sale of [Mobile] Manufactured Homes.--Any rule, |
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1 | regulation or condition of a lease purporting to prevent the |
2 | sale of a [mobile] manufactured home belonging to a resident |
3 | shall be void and unenforceable in the courts of the |
4 | Commonwealth. The [mobile home park] manufactured home community |
5 | owner or operator may reserve the right to approve the purchaser |
6 | of said [mobile] manufactured home as a resident, but such |
7 | approval may not be unreasonably withheld. Any claim for a fee |
8 | or commission in connection with the sale of such [mobile] |
9 | manufactured home shall be void and unenforceable unless the |
10 | claimant shall in fact have acted as a bona fide licensed |
11 | [mobile] manufactured home sales agent for the [mobile] |
12 | manufactured home owner pursuant to a separate written fee |
13 | agreement. |
14 | Section 12. Waiver of Rights.--The rights and duties of |
15 | [mobile home park] manufactured home community owners and |
16 | operators and the [mobile] manufactured home residents may not |
17 | be waived by any provisions of a written or oral agreement. Any |
18 | such agreement attempting to limit these rights shall be void |
19 | and unenforceable in the courts of the Commonwealth. |
20 | Section 13. Damages.--(a) Any [mobile home park] | <-- |
21 | manufactured home community owner, operator or resident |
22 | aggrieved by a violation of their rights under this act may |
23 | institute a private cause of action to recover damages, or for |
24 | treble damages where so provided in this act, or for restitution |
25 | in any appropriate court of initial jurisdiction within the |
26 | Commonwealth. |
27 | (b) If disclosure as required in section 6 was not provided | <-- |
28 | to the manufactured home community prospective first-time lessee |
29 | prior to execution of the manufactured home space rental |
30 | agreement or prior to initial occupancy of a manufactured home, |
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1 | the rental agreement is voidable by the lessee until 15 days |
2 | after the receipt of the disclosure by the lessee. |
3 | (c) To cancel the rental agreement, the prospective first- |
4 | time lessee shall deliver written notice to the manufactured |
5 | home community owner or operator within 15 days after receipt of |
6 | the disclosure and shall thereupon be entitled to a refund of |
7 | any deposit together with relocation costs for the manufactured |
8 | home, or the market value thereof, including any appurtenances |
9 | thereto paid for by the manufactured home resident, from the |
10 | manufactured home community owner or operator. |
11 | (d) The manufactured home community owner or operator may |
12 | not collect rent from a prospective first-time lessee until the |
13 | manufactured home community owner or operator and the lessee |
14 | have entered into the rental agreement. |
15 | (e) When the manufactured home community owner or operator |
16 | and a manufactured home resident execute a new, renewed or |
17 | extended space rental agreement for a manufactured home space, |
18 | the manufactured home community owner or operator may not |
19 | collect rent from the manufactured home resident until the |
20 | manufactured home community owner or operator and the |
21 | manufactured home resident have entered into the new, renewed or |
22 | extended rental agreement. The manufactured home resident shall |
23 | have 30 days to either accept the new, renewed or extended |
24 | rental agreement or to notify the manufactured home community |
25 | owner or operator of intent to vacate. |
26 | (f) A manufactured home resident who chooses not to enter |
27 | into a new, renewed or extended rental agreement shall have 60 |
28 | days from the date of notification of intent to vacate the |
29 | manufactured home community, to enter into contract to sell or |
30 | to relocate the manufactured home. So long as the manufactured |
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1 | home community owner or operator complied with disclosure as |
2 | provided in section 6, the manufactured home resident not |
3 | entering into a new, extended or renewed rental agreement shall |
4 | not be entitled to relocation costs. |
5 | Section 16. Retaliatory Evictions.--Any action by a [mobile |
6 | home park] manufactured home community owner or operator to |
7 | recover possession of real property from a [mobile home park] |
8 | manufactured home community resident or to change the lease |
9 | within six months of a resident's assertion of his rights under |
10 | this act or any other legal right shall raise a presumption that |
11 | such action constitutes a retaliatory and unlawful eviction by |
12 | the owner or operator and is in violation of this act. Such a |
13 | presumption may be rebutted by competent evidence presented in |
14 | any appropriate court of initial jurisdiction within the |
15 | Commonwealth. |
16 | Section 5. This act shall apply to: | <-- |
17 | (1) New sales and leases of manufactured home community |
18 | spaces entered into after November 30, 2010. |
19 | (2) Extensions and renewals of leases of manufactured |
20 | home community spaces entered into after November 30, 2010. |
21 | Section 4 6. This act shall take effect in 60 days. | <-- |
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