PRIOR PRINTER'S NO. 3105

PRINTER'S NO.  3691

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2212

Session of

2010

  

  

INTRODUCED BY R. TAYLOR, HARPER, BISHOP, BRADFORD, BRENNAN, D. COSTA, GRUCELA, HENNESSEY, KAUFFMAN, KORTZ, MURT, SIPTROTH, SWANGER, WATERS AND YOUNGBLOOD, JANUARY 20, 2010

  

  

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2010   

  

  

  

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 short title, for definitions and and

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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:

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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

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22

read:

23

Section 2.  Definitions.--As used in this act:

24

"Agency."  The Office of Attorney General.

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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

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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

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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

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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

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19

community, trash removal, sewage [and water], water, cable and

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20

all other utilities.

21

Section 3.  Evictions.--(a)  A [mobile] manufactured home

22

[resident shall only be evicted for any] community owner may

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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

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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

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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

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6

not be evicted nor shall the manufactured home community owner

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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:

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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

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home community owner or operator's acceptance of any initial

28

deposit, fee or rent[.] and prior to execution of the lot rental

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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

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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

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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

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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]

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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

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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:

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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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