THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 25, 2010   

AN ACT

Amending the act of November 24, 1976 (P.L.1176, No.261),

entitled "An act providing for the rights and duties of

mobile home owners or operators and mobile home residents,"

further providing for short title and for definitions;

providing for written leases; further providing for

disclosure of fees; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of November

24, 1976 (P.L.1176, No.261), known as the Mobile Home Park

Rights Act, are amended to read:

AN ACT

Providing for the rights and duties of [mobile] manufactured 

home owners or operators and [mobile] manufactured home

[residents] lessees.

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Section 1.  Short Title.--This act shall be known and may be

cited as the ["Mobile Home Park Rights Act."] "Manufactured Home

Community Owner Disclosure and Tenant Rights Act."

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Section 2.  Sections 2, 3 and 4 of the act are amended to

read:

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

"Agency."  The Office of Attorney General.

"Designated notification recipient lessee."  A lessee who

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designates in the lease a specific lessee and address for the

purposes of receiving all required notices with regard to the

manufactured home leased space. Delivery by certified or

registered mail to a lessee so designated shall be deemed

sufficient for purposes of this act.

"Eviction."  The removal of a lessee, occupants and

manufactured home from a manufactured home community in

accordance with an order of possession by a court of the

Commonwealth.

"First-time lessee."  The resident who places or causes to be

placed a manufactured home in a manufactured home community.

"Lessee."  An entity that rents a manufactured home community

space and is the responsible party for the performance of the

terms of lease.

"Lessor."  An operator that rents a manufactured home space

to a lessee and that is responsible for the performance of the

terms of lease.

["Mobile home" means a] "Manufactured home."  A 

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transportable, single-family dwelling unit intended for

permanent occupancy and constructed as a single unit, or as two

or more units designed to be joined into one integral unit

capable of again being separated for repeated towing, which

arrives at a site complete and ready for occupancy except for

minor and incidental unpacking and assembly operations, and

constructed so that it may be used without a permanent

foundation.]

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"Manufactured home."  The term includes:

(1)  A manufactured home as defined in section 603(6) of

the National Manufactured Housing Construction and Safety

Standards Act of 1974 (Public Law 93-383, 42 U.S.C. §

5402(6)).

(2)  A mobile home as defined in 75 Pa.C.S. § 102

(relating to definitions).

["Mobile home park" means any] "Manufactured home community." 

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community" or "community."  A site, lot, field or tract of land,

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privately or publicly owned or operated, upon which three or

more [mobile] manufactured homes, occupied for dwelling or

sleeping purposes, are or are intended to be located, regardless

of whether or not a charge is made for such accommodation.

"Manufactured home community owner" or "community owner."  An

owner or operator of a manufactured home community.

"Manufactured home occupant."  An individual who resides in a

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manufactured home.

["Mobile home resident" means an] "Manufactured home

resident."  An owner of a [mobile] manufactured home who leases

or rents space in a [mobile home park] manufactured home

community. The term does not include a person who rents or

leases a [mobile] manufactured home.

["Mobile home space" means a] "Manufactured home space."  A 

plot of ground within a [mobile home park] manufactured home

community designed for the accommodation of one [mobile] 

manufactured home.

"Manufactured home space rental agreement" or "rental

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agreement."  Any mutual understanding or lease, whether oral or

written, between a manufactured home resident and a manufactured

home community owner in which the manufactured home resident is

entitled to place that resident's manufactured home on a

manufactured home space for either direct or indirect

remuneration of the manufactured home community owner. The term

includes any ground rent charged to the manufactured home

resident.

"Operator of a manufactured home community" or "operator."

Either a person who establishes a manufactured home community on

land which is leased from another person or a person who has

been delegated the authority to act as the community owner in

matters relating to the administration and management of the

manufactured home community, including, but not limited to,

authority to make decisions relating to the manufactured home

community.

"Prospective lessee."  A person who rents or owns a

manufactured home and is considering entering into a rental

agreement with a manufactured home owner or operator for a

manufactured home space. lease" or "lease."  A written contract

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between a manufactured home lessee and a manufactured home

community owner containing reciprocal rights and duties,

including the payment of rent for the use of ground for the

placement of a manufactured home in a manufactured home

community.

["Rent" means ground] "Rent."  Ground rent for a [mobile] 

manufactured home [site] space.

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"Rules and regulations."  Policies and guidelines established

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by a manufactured home community owner that relate to community

living.

"Service [charges" means charges] charges."  Charges for

electricity, gas service which is underground and piped directly

to individual units within [the park] a manufactured home

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

all other utilities.

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

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

terminate or refuse to renew the lease of a manufactured home

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community resident lessee or may evict the resident a lessee and

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manufactured home occupants only for one of the following

reasons:

(1)  Nonpayment of rent.

(2)  A second or subsequent violation of the rules of the

[mobile home park] manufactured home community occurring within

a six-month period.

(3)  If there is a change in use of the [park] community land

or parts thereof.

(4)  Termination of [mobile home park] the manufactured home

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community.

(b)  A [mobile] manufactured home [resident] lessee shall

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only be evicted in accordance with the following procedure:

(1)  A [resident] lessee shall not be evicted [by] for any

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self-help measure.

(2)  Prior to the commencement of any eviction proceeding or

the termination of or failure to renew the lease of a resident 

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lessee, the [mobile home park] manufactured home community owner

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shall notify the [mobile home park] manufactured home community 

[resident] lessee in writing of the particular breach or

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violation of the lease or [park] community rules by certified or

registered mail.

(i)  In the case of nonpayment of rent, the notice shall

state that an eviction proceeding may be commenced if the

[mobile] manufactured home [resident] lessee does not pay the

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overdue rent within 20 days from the date of service if the

notice is given on or after April 1 and before September 1, and

30 days if given on or after September 1 and before April 1 or

an additional nonpayment of rent occurring within six months of

the giving of the notice may result in immediate eviction

proceedings.

(ii)  In the case of a breach of the lease or violation of

the [park] community rules, other than nonpayment of rent, the

notice shall describe the particular breach or violation. No

eviction action shall be commenced nor shall the manufactured

home community owner terminate or refuse to renew the lease of

the manufactured home community resident lessee unless the

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[mobile home park] manufactured home community [resident] lessee 

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has been notified as required by this section, and upon a second

or subsequent violation or breach occurring within six months,

the [mobile home park] manufactured home community owner may

commence eviction proceedings at any time within 60 days of the

last violation or breach.

(c)  A [mobile] manufactured home community [resident] lessee 

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shall not be evicted nor shall the manufactured home community

owner terminate or refuse to renew the lease of a manufactured

home community resident lessee when there is proof that the

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rules [he] the lessee is accused of violating are not enforced

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with respect to the other [mobile] manufactured home [residents] 

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lessees or nonresidents on the [park] community premises.

Section 4.  [Park] Community Rules and Regulations.--(a) 

[The owner or operator of a [mobile home park] A manufactured

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home community owner may at any time establish fair and

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reasonable rules and regulations reasonably related to the

health, [or safety of residents in the [park] community or to

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the upkeep of the [park, provided such rules and regulations]

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safety and upkeep of the community, provided the rules and

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regulations are not arbitrary or capricious and are included in

any written lease and delivered to existing [residents] lessees 

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and are posted in [a] the public portion of the community office

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or other conspicuous and readily accessible place in the [mobile

home park.] manufactured home community.

(b)  All rules or rental charges shall be uniformly applied

to all [mobile] manufactured home [residents] lessees or

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prospective [mobile] manufactured home [residents] occupants of

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the same or similar category. When the lease or rental agreement

is oral, the [resident] lessee shall be provided with a written

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copy of such rules and regulations prior to the owner's or

operator's acceptance of any initial deposit, fee or rent. In

addition a copy of this act shall be posted in [a] the public

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portion of the community office or other conspicuous and readily

accessible place in the mobile home park and a copy of the

following notice shall be reproduced in capital typewritten

letters or in ten-point boldface print and be given to each

resident upon entering into the lease.

"IMPORTANT NOTICE REQUIRED BY LAW

The rules set forth below govern the terms of your lease or

occupancy agreement with this [mobile home park] manufactured

home community. The law requires all of these rules to be fair

and reasonable.

[You] As a lessee, you may continue to stay in this [park] 

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community as long as you pay your rent and other reasonable

fees, service charges and assessments hereinafter set forth and

abide by the rules of the [park] community. Entrance and exit

fees may not be charged. Installation and removal fees may not

be charged in excess of the actual cost to the [mobile home

park] manufactured home community owner or operator for

providing such service for the installation or removal of a

[mobile home in a mobile] manufactured home in a manufactured 

home space.

[You] As a lessee, you may be evicted for any of the

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following reasons:

(1)  Nonpayment of rent.

(2)  A second or subsequent violation of the rules of the

[mobile home park] manufactured home community occurring within

a six-month period.

(3)  If there is a change in use of the [park] community land

or parts thereof.

(4)  Termination of [mobile home park.] manufactured home

community.

[You] As a lessee, you shall only be evicted in accordance

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with the following procedure:

(1)  A [resident] lessee shall not be evicted [by] for any

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self-help measure.

(2)  Prior to the commencement of any eviction proceeding,

the [mobile home park] manufactured home community owner shall

notify [you] the lessee in writing of the particular breach or

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violation of the lease or [park] community rules by certified or

registered mail.

(i)  In the case of nonpayment of rent, the notice shall

state that an eviction proceeding may be commenced if the

[mobile] manufactured home [resident] lessee does not pay the

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overdue rent within 20 days from the date of service if the

notice is given on or after April 1 and before September 1, and

30 days if given on or after September 1 and before April 1 or

an additional nonpayment of rent occurring within six months of

the giving of the notice may result in immediate eviction

proceedings.

(ii)  In the case of a breach of the lease or violation of

the [park] community rules, other than nonpayment of rent, the

notice shall describe the particular breach or violation. No

eviction action shall be commenced unless [you have] the lessee

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has been notified as required by this section, and upon a second

or subsequent violation or breach occurring within six months,

the [mobile home park] manufactured home community owner may

commence eviction proceedings at any time within 60 days of the

last violation or breach.

[You] As a lessee, you shall not be evicted when there is

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proof that the rules you as the lessee are accused of violating

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are not enforced with respect to the other [mobile] manufactured 

home residents or nonresidents on the [park] community premises.

In addition, no eviction proceeding for nonpayment of rent

may be commenced against you as the lessee until you have

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received notice by certified or registered mail of the

nonpayment and have been given to pay the overdue rent 20 days

from the date of service if the notice is given on or after

April 1 and before September 1, and 30 days if given on or after

September 1 and before April 1. However, only one notice of

overdue rent is required to be sent to you as the lessee during

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any six-month period. If a second or additional violation occurs

within six months from the date of the first notice then

eviction proceedings may be immediately started against you.

You are entitled to purchase goods or services from a seller

of your choice and the [park] community owner shall not restrict

your right to do so.

If you desire to sell your [mobile] manufactured home, the

[mobile home park] manufactured home community owner may not

prevent the sale and may not claim any fee in connection

therewith, unless there exists a separate written fee agreement.

However, the [mobile home park] manufactured home community 

owner may reserve the right to approve the purchaser as a

resident in the [mobile home park.] manufactured home community.

Enforcement of the [Mobile Home Park] Manufactured Home

Community Rights Act is by the Attorney General of the

Commonwealth of Pennsylvania or the District Attorney of the

county in which the [mobile home park] manufactured home

community is located. [You] As a lessee, you may also bring a

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private cause of action. If your rights are violated you may

contact the State Bureau of Consumer Protection or your local

District Attorney."

Section 3.  The act is amended by adding a section to read:

Section 4-A.  Written Lease.--(a)  Every lease for a

manufactured home space shall be in writing and shall be for a 

duration term of one years month, unless a longer period is

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mutually agreed upon by both the manufactured home resident 

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lessee and manufactured home community owner, and shall be

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renewable except for good cause.

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(b)  Ground rents shall not change more than once in a 12-

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month period.

(b) (c)  Sixty days prior to the expiration of the term of a

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manufactured home community lease, the manufactured home

community owner shall offer the manufactured home community

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resident lessee a renewal lease for the same term and with the

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same provisions as the original agreement, unless the

manufactured home community owner notifies the manufactured home

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community resident lessee in writing, at least sixty days prior

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to the expiration of the lease.

Section 4.  Sections 5, 6, 7, 9, 10, 11, 12, 13 and 16 of the

act are amended to read:

Section 5.  Underskirting and Tie-down Equipment.--A [mobile

home park] manufactured home community owner or operator may

designate the type of material or manner of installation for

underskirting, awnings, porches, fences or other additions and

alterations to the exterior of the [mobile] manufactured home

and tie-down equipment [used in a [mobile] manufactured home

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space] compliant with all applicable requirements of the act of

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November 29, 2004 (P.L.1282, No.158), known as the Manufactured

Housing Improvement Act and the act of November 10, 1999

(P.L.491, No.45), known as the Pennsylvania Construction Code

Act, in order to insure the safety and good appearance of the

[mobile home park] manufactured home community, but under no

circumstances may a resident be required to purchase such

equipment from a supplier designated by the [park] community 

owner or operator.

Section 6.  Disclosure of Fees.--(a)  All rent, fees, service

charges and assessments payable to the community owner and

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utility charges for water, sewer, trash, cable, electricity and

fuel charges payable to the owners or others shall be fully

disclosed in writing to a prospective manufactured home 

[resident] lessee prior to the manufactured home community owner

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or operator's acceptance of any initial deposit, fee or rent[.]

and prior to execution of the lot rental agreement manufactured

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home space lease. For current manufactured home residents the

manufactured home community owner or operator shall fully

disclose all rent, fees, service charges and assessments payable

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to the community owner and utility charges for water, sewer,

trash, cable, electricity and fuel charges payable to others in

writing prior to the execution of a mandatory lease of at least

one year month in duration.

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(b)  The manufactured home community owner may request 

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require that the prospective lessee or current manufactured home

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resident lessee sign a receipt indicating receipt of a copy of

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the required disclosure and the manufactured home community

rules and regulations so long as these documents are clearly

identified in the receipt itself. The receipt shall indicate

nothing more than that the documents identified in the receipt

have been received by the manufactured home resident lessee.

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(c)  Failure to disclose such rent, fees, service charges and

assessments shall render them void and unenforceable in the

courts of the Commonwealth. Increases in such rent, fees,

service charges and assessments payable to the owner shall be

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unenforceable until 30 days after notice thereof has been posted

in the [mobile home park] public portion of the community office

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or other conspicuous and readily accessible place in the

manufactured home community and mailed to the manufactured home 

[resident] lessee. However, rent shall not be increased during

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the term of the lease.

(d)  The written disclosure shall contain a cover sheet with

the following statement in 12-point, sans-serif type, except the

term "15 "five days" in the final paragraph of the notice shall

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appear in 16-point, sans-serif, bold type.

This document contains important information regarding

your legal rights and your financial obligations in

leasing or renewing or signing a new lease for a

manufactured home space. Make sure that you read the

entire document and seek legal advice if you have any

questions regarding the information stated in this

document.

The statements contained in this disclosure are only

summary in nature. A prospective lessee should refer to

all references, including all the lease or rental

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agreement documents as well as any rules and regulations

that have been established for the manufactured home

community. Oral representations should not be relied on

as correctly stating the representations of the

manufactured home community owner or operator. Instead,

you should refer to the lease or rental agreement and

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required disclosure documents for correct

representations. You should also refer to the act of

November 24, 1976 (P.L.1176, No.261), known as the

Manufactured Home Community Owner Disclosure and Tenant 

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Rights Act, to become familiar with your obligations and

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rights as a manufactured home resident.

You have 15 five days from the date you received this

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documentation to cancel your agreement in writing to the

manufactured home community owner or operator.

(e)  All new leases, lease extensions and lease renewals

shall contain the following full disclosures:

(1)  The manner in which utility and other services,

including, but not limited to, sewage and waste disposal, cable

television, water supply and storm drainage, will be provided,

and the entity providing them. The services and the lot rental

amount or user fees charged by the manufactured home community

owner for the services provided by the manufactured home

community owner shall also be disclosed.

(2)  An explanation of the manner in which the manufactured

home space rental amount will be increased, including, but not

limited to, notification to the manufactured home resident 

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lessee at least 90 60 days in advance of the increase.

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(3)  Disclosure of any factors that may affect the lot rental

amount, including, but not limited to these factors:

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(i)  Water rates.

(ii)  Sewer rates.

(iii)  Waste disposal rates.

(iv)  Maintenance costs, including costs of deferred

maintenance.

(v)  Management costs.

(vi)  Property taxes.

(vii)  Major repairs or improvements.

(viii)  Any other fees, costs, assessments or service charges

that the manufactured home resident lessee is required to pay or

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that the manufactured home owner or operator intends to charge

during the terms of the lease or rental agreement.

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(4)  Disclosure of the manner in which the pass-through

charges will be assessed.

(5)  A report of the utility fees charged for the

manufactured home space during the previous year paid to the

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operator by a prior lessee during the previous 12 months.

(6)  Disclosure of all user fees currently charged for

services offered which the manufactured home resident lessee may

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elect to incur and the manner in which the fees will be

increased.

(7)  Any manufactured home community rules and regulations

that have been established and an explanation of the manner in

which the rules and regulations will be set, changed or

promulgated.

(8)  A calculation of the rent history for the three full

calendar years immediately preceding the prospective initial

rental agreement date. This information shall be for basic

manufactured home space rental only and does not apply to other

fees such as late charges and guest fees. The calculation shall

be made as of January of each year by adding the dollar amounts

and percentage amounts for aggregate rental increases, if any,

that took effect in the prior calendar year for every

manufactured home space in the manufactured home community and

dividing that number by the total number of occupied

manufactured home spaces for which rent was or could have been

increased. Additionally, the calculation of rent history shall

be posted at in the public portion of the manufactured home

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community's rental office or other conspicuous and readily

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accessible place and in the same place as any rules and

regulations that have been established for the manufactured home

community are posted.

(9)  Citations or other documents from Federal, State or

local governmental agencies which require the manufactured home

community owner to take corrective action, including citations

from the Department of Environmental Protection regarding water

and sewage. Such information shall also be posted within the

community in the same place as manufactured home community rules

and regulations are displayed until the corrective action has

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been completed.

Section 7.  Appliance Installation Fees.--No [mobile home

park] manufactured home community owner or operator may restrict

the making of any interior improvements in a [mobile] 

manufactured home so long as such improvements are in compliance

with applicable building codes and other provisions of law; nor

may he restrict the installation, service or maintenance of an

electric or gas appliance in a [mobile] manufactured home or

charge any fee for such installation unless the fee reflects the

actual cost to the [mobile home park] manufactured home

community owner or operator of such installation or its use.

Section 9.  Installation and Removal Fees.--(a)  Any fee

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charged by the community owner for the installation or removal

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of a [mobile home in a mobile home] manufactured home in a

manufactured home space shall not exceed the actual cost to the

[mobile home park] manufactured home community owner or operator

for providing such service. Such fees shall be refundable to the

[resident] lessee at the time of removal in the event that the

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owner or operator acts to recover possession of said space for

reasons other than nonpayment of rent or breach of a condition

of the lease within one year of the initial installation of such

[mobile] manufactured home. Failure to refund such fees as

provided shall entitle the [tenant] lessee to recover treble

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their amount plus court costs and reasonable attorney fees.

[Imposition of] (b)  Limitations on this type of [entrance]  

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installation fee shall not bar the [mobile home park] 

manufactured home community owner or operator from requiring a

reasonable security deposit in accordance with the act of April

6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant Act

of 1951."

Section 10.  Other Fees.--In accordance with a [resident's] 

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lessee's right to invite to [his] the lessee's dwelling unit

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such social and business visitors as [he] the lessee wishes, no

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fee may be charged for overnight visitors or guests occupying a

[resident's [mobile] lessee's manufactured home. However, if

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such overnight visitors or guests so frequently remain overnight

for residential purposes so as to increase the number of persons

normally living in [said] the unit, the owner or operator of a

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[mobile home park] manufactured home community may revise the

rent due to conform to the rent paid by other [residents] 

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lessees with a like number of members in their household.

Section 11.  Sale of [Mobile] Manufactured Homes.--(a)  Any

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rule, regulation or condition of a lease purporting to prevent

the sale of a [mobile] manufactured home belonging to a

[resident] lessee shall be void and unenforceable in the courts

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of the Commonwealth. The [mobile home park] manufactured home

community owner or operator may reserve the right to approve the

purchaser of said [mobile] manufactured home as a [resident] 

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lessee, but such approval may not be unreasonably withheld. Any

claim for a fee or commission in connection with the sale of

such [mobile] manufactured home shall be void and unenforceable

unless the claimant shall in fact have acted as a bona fide

licensed [mobile] manufactured home sales agent for the [mobile] 

manufactured home owner pursuant to a separate written fee 

agreement.

(b)  Prior to a lessee or occupant in a manufactured home

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community offering a manufactured home for sale, the lessee or

occupant must obtain from the community operator the then-

current disclosure document required by this act and provide a

copy to any prospective buyer along with an attached sheet of

paper with the following information printed in 12-point

boldfaced type:

Be advised that this manufactured home offered for sale

is subject to the Manufactured Home Communities Rights

Act and a written lease required under that law. You are

advised that the community in which this home is now

placed requires an approved application for lessees and

occupants and a fully executed lease prior to your right

to reside in the community.

You shall have a minimum of 5 days after receiving this

disclosure required under the Manufactured Home

Communities Rights Act to void the transaction with the

operator, if any, and, if terminated, you shall be

returned any deposits and rents paid to the operator of

the community.

(c)  Failure of the resident seller to obtain a dated

acknowledgment from the prospective buyer of the manufactured

home of receipt of the disclosure may be grounds for

cancellation of the sale by the buyer.

Section 12.  Waiver of Rights.--The rights and duties of

[mobile home park] manufactured home community owners and

operators and the [mobile] manufactured home [residents] lessees 

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may not be waived by any provisions of a written or oral

agreement. Any such agreement attempting to limit these rights

shall be void and unenforceable in the courts of the

Commonwealth.

Section 13.  Damages.--(a)  Any [mobile home park] 

manufactured home community owner, operator or [resident] lessee 

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aggrieved by a violation of their rights under this act may

institute a private cause of action to recover damages, or for

treble damages where so provided in this act, or for restitution

in any appropriate court of initial jurisdiction within the

Commonwealth.

(b)  If disclosure as required in by section 6 was not

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provided to the manufactured home community prospective first-

time lessee prior to execution of the manufactured home space

rental agreement or prior to initial occupancy of a manufactured

home, the rental agreement is voidable by the lessee until 15 

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five days after the receipt of the disclosure by the lessee.

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(c)  To cancel the rental agreement, the prospective first-

time lessee shall deliver written notice to the manufactured

home community owner or operator within 15 five days after

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receipt of the disclosure and shall thereupon be entitled to a

refund from the owner or operator of the community of any

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deposit together with relocation installation costs for the

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manufactured home, or the market value thereof, including any

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appurtenances thereto paid for by the manufactured home

resident, from the manufactured home community owner or operator 

paid to the owner or operator of the community park by the

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manufactured home occupant.

(d)  The manufactured home community owner or operator may

not collect rent from a prospective first-time lessee until the

manufactured home community owner or operator and the lessee

have entered into the rental agreement.

(e)  When the manufactured home community owner or operator

and a manufactured home resident lessee execute a new, renewed

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or extended space rental agreement for a manufactured home

space, the manufactured home community owner or operator may not

collect rent from the manufactured home resident lessee until

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the manufactured home community owner or operator and the

manufactured home resident lessee have entered into the new,

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renewed or extended rental agreement. The lease. After receiving

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60 days' notice of the community owner's or operator's intent to

offer a new lease, the manufactured home resident occupant shall

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have 30 days to either accept the new, renewed or extended

rental agreement or to notify the manufactured home community

owner or operator of intent to vacate within 30 days. No rent or

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lease charges shall be effective against a lessee or occupant

prior to the 61st day after receiving the owner or operator

notice.

(f)  A manufactured home resident lessee who chooses not to

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enter into a new, renewed or extended rental agreement shall

have 60 days from the date of notification of intent to vacate

the manufactured home community, to enter into contract to sell

or to relocate the manufactured home. So long as the

manufactured home community owner or operator complied with

disclosure as provided in section 6, the manufactured home

resident not entering lessee who does not enter into a new,

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extended or renewed rental agreement shall not be entitled to

relocation costs.

Section 16.  Retaliatory Evictions.--Any action by a [mobile

home park] manufactured home community owner or operator to

recover possession of real property from a [mobile home park] 

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manufactured home community resident] manufactured home

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community lessee or to change the lease within six months of a

[resident's] lessee's assertion of [his] rights under this act

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or any other legal right shall raise a presumption that such

action constitutes a retaliatory and unlawful eviction by the

owner or operator and is in violation of this act. Such a

presumption may be rebutted by competent evidence presented in

any appropriate court of initial jurisdiction within the

Commonwealth.

Section 5.  This act shall apply to:

(1)  New sales and leases of manufactured home community

spaces entered into after November 30, 2010 the effective

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date of this section.

(2)  Extensions and renewals of leases of manufactured

home community spaces entered into after November 30, 2010 

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the effective date of this act.

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Section 6.  This act shall take effect in 60 150 days.

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