SENATE AMENDED

 

PRIOR PRINTER'S NOS. 3105, 3691, 3798

PRINTER'S NO.  4279

  

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, YOUNGBLOOD AND QUINN, JANUARY 20, 2010

  

  

SENATOR TOMLINSON, CONSUMBER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, SEPTEMBER 21, 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 and for definitions;

5

providing for written leases; further providing for

6

disclosure of fees; and making editorial changes.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

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

10

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

11

Rights Act, are amended to read:

12

AN ACT

13

Providing for the rights and duties of [mobile] manufactured 

14

home owners or operators and [mobile] manufactured home

15

[residents] lessees.

16

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

17

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

18

Community Rights Act."

 


1

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

2

read:

3

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

4

"Agency."  The Office of Attorney General.

5

"Designated notification recipient lessee."  A lessee who

6

designates in the lease a specific lessee and address for the

7

purposes of receiving all required notices with regard to the

8

manufactured home leased space. Delivery by certified or

9

registered mail to a lessee so designated shall be deemed

10

sufficient for purposes of this act.

11

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

12

manufactured home from a manufactured home community in

13

accordance with an order of possession by a court of the

14

Commonwealth.

15

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

16

placed a manufactured home in a manufactured home community.

17

"Lessee."  An entity A person that rents a manufactured home

<--

18

community space and is the responsible party for the performance

19

of the terms of lease.

20

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

21

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

22

terms of lease.

23

["Mobile home" means a transportable, single-family dwelling

24

unit intended for permanent occupancy and constructed as a

25

single unit, or as two or more units designed to be joined into

26

one integral unit capable of again being separated for repeated

27

towing, which arrives at a site complete and ready for occupancy

28

except for minor and incidental unpacking and assembly

29

operations, and constructed so that it may be used without a

30

permanent foundation.]

- 2 -

 


1

"Manufactured home."  The term includes:

2

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

3

National Manufactured Housing Construction and Safety Standards

4

Act of 1974 (Public Law 93-383, 42 U.S.C. § 5402(6)).

5

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

6

to definitions).

7

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

8

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

9

or publicly owned or operated, upon which three or more [mobile] 

10

manufactured homes, occupied for dwelling or sleeping purposes,

11

are or are intended to be located, regardless of whether or not

12

a charge is made for such accommodation.

13

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

14

owner or operator of a manufactured home community.

15

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

16

manufactured home, who is either a lessee or a manufactured home

<--

17

resident.

18

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

19

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

20

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

21

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

22

leases a [mobile] manufactured home.

23

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

24

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

25

community designed for the accommodation of one [mobile] 

26

manufactured home.

27

"Manufactured home space lease" or "lease."  A written

28

contract between a manufactured home lessee and a manufactured

29

home community owner containing reciprocal rights and duties,

30

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

- 3 -

 


1

placement of a manufactured home in a manufactured home

2

community.

3

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

4

manufactured home [site] space.

5

"Rules and regulations."  Policies and guidelines established

6

by a manufactured home community owner that relate to community

7

living.

8

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

9

electricity, gas service which is underground and piped directly

10

to individual units within [the park] a manufactured home

11

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

<--

12

cable and all other utilities.

13

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

14

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

15

terminate or refuse to renew the lease of a lessee or may evict

16

a lessee and manufactured home occupants only for one of the

17

following reasons:

18

(1)  Nonpayment of rent.

19

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

20

[mobile home park] manufactured home community occurring within

21

a six-month period.

22

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

23

or parts thereof.

24

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

25

community.

26

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

27

only be evicted in accordance with the following procedure:

28

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

29

help measure.

30

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

- 4 -

 


1

the termination of or failure to renew the lease of a lessee,

2

the [mobile home park] manufactured home community owner shall

3

notify the [mobile home park] manufactured home community 

4

[resident] lessee in writing of the particular breach or

5

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

6

registered mail.

7

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

8

state that an eviction proceeding may be commenced if the

9

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

10

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

11

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

12

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

13

an additional nonpayment of rent occurring within six months of

14

the giving of the notice may result in immediate eviction

15

proceedings.

16

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

17

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

18

notice shall describe the particular breach or violation. No

19

eviction action shall be commenced nor shall the manufactured

20

home community owner terminate or refuse to renew the lease of

21

the manufactured home community lessee unless the [mobile home

22

park] manufactured home community [resident] lessee has been

23

notified as required by this section, and upon a second or

24

subsequent violation or breach occurring within six months, the

25

[mobile home park] manufactured home community owner may

26

commence eviction proceedings at any time within 60 days of the

27

last violation or breach.

28

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

29

shall not be evicted nor shall the manufactured home community

30

owner terminate or refuse to renew the lease of a manufactured

- 5 -

 


1

home community lessee when there is proof that the rules [he] 

2

the lessee is accused of violating are not enforced with respect

3

to the other [mobile] manufactured home [residents] lessees or

4

nonresidents on the [park] community premises.

5

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

6

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

7

community owner may at any time establish fair and reasonable

8

rules and regulations reasonably related to the health, [or

9

safety of residents in the park or to the upkeep of the park,

10

provided such rules and regulations] safety and upkeep of the

11

community, provided the rules and regulations are not arbitrary

12

or capricious and are included in any written lease and

13

delivered to existing [residents] lessees and are posted in [a] 

14

the public portion of the community office or other conspicuous

15

and readily accessible place in the [mobile home park.] 

16

manufactured home community.

17

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

18

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

19

prospective [mobile] manufactured home [residents] occupants of

20

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

<--

21

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

<--

22

a written copy of such rules and regulations prior to the

23

owner's or operator's acceptance of any initial deposit, fee or

24

rent.] The lessee shall be provided with a written copy of the

<--

25

rules and regulations prior to the owner's or operator's

26

acceptance of any initial deposit, fee or rent. In addition a

27

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

28

the community office or other conspicuous and readily accessible

29

place in the mobile home park and a copy of the following notice

30

shall be reproduced in capital typewritten letters or in ten-

- 6 -

 


1

point boldface print and be given to each resident upon entering

2

into the lease.

3

"IMPORTANT NOTICE REQUIRED BY LAW

4

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

5

occupancy agreement with this [mobile home park] manufactured

6

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

7

and reasonable.

8

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

9

community as long as you pay your rent and other reasonable

10

fees, service charges and assessments hereinafter set forth and

11

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

12

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

13

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

14

park] manufactured home community owner or operator for

15

providing such service for the installation or removal of a

16

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

17

home space.

18

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

19

following reasons:

20

(1)  Nonpayment of rent.

21

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

22

[mobile home park] manufactured home community occurring within

23

a six-month period.

24

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

25

or parts thereof.

26

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

27

community.

28

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

29

with the following procedure:

30

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

- 7 -

 


1

help measure.

2

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

3

the [mobile home park] manufactured home community owner shall

4

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

5

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

6

registered mail.

7

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

8

state that an eviction proceeding may be commenced if the

9

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

10

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

11

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

12

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

13

an additional nonpayment of rent occurring within six months of

14

the giving of the notice may result in immediate eviction

15

proceedings.

16

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

17

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

18

notice shall describe the particular breach or violation. No

19

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

20

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

21

or subsequent violation or breach occurring within six months,

22

the [mobile home park] manufactured home community owner may

23

commence eviction proceedings at any time within 60 days of the

24

last violation or breach.

25

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

26

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

27

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

28

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

29

In addition, no eviction proceeding for nonpayment of rent

30

may be commenced against you as the lessee until you have

- 8 -

 


1

received notice by certified or registered mail of the

2

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

3

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

4

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

5

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

6

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

7

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

8

within six months from the date of the first notice then

9

eviction proceedings may be immediately started against you.

10

You are entitled to purchase goods or services from a seller

11

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

12

your right to do so.

13

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

14

[mobile home park] manufactured home community owner may not

15

prevent the sale and may not claim any fee in connection

16

therewith, unless there exists a separate written fee agreement.

17

However, the [mobile home park] manufactured home community 

18

owner may reserve the right to approve the purchaser as a

19

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

20

Enforcement of the [Mobile Home Park] Manufactured Home

21

Community Rights Act is by the Attorney General of the

22

Commonwealth of Pennsylvania or the District Attorney of the

23

county in which the [mobile home park] manufactured home

24

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

25

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

26

contact the State Bureau of Consumer Protection or your local

27

District Attorney."

28

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

29

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

30

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

- 9 -

 


1

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

2

agreed upon by both the lessee and manufactured home community

3

owner, and shall be renewable.

4

(b)  Ground rents Rents for a mobile home site, commonly

<--

5

known as ground rents, shall not change more than once in a 12-

6

month period.

7

(c)  Sixty For each lease period over 60 days prior to the

<--

8

expiration of the term of a manufactured home community lease,

9

the manufactured home community owner shall offer the lessee a

10

renewal lease for the same term and with the same provisions as

11

the original agreement, unless the manufactured home community

12

owner notifies the lessee in writing, at least SIXTY 60 days

<--

13

prior to the expiration of the lease.

14

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

15

act are amended to read:

16

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

17

home park] manufactured home community owner or operator may

18

designate the type of material or manner of installation for

19

underskirting, awnings, porches, fences or other additions and

20

alterations to the exterior of the [mobile] manufactured home

21

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

22

with all applicable requirements of the act of November 29, 2004

23

(P.L.1282, No.158), known as the Manufactured Housing

24

Improvement Act and the act of November 10, 1999 (P.L.491,

25

No.45), known as the Pennsylvania Construction Code Act, in

26

order to insure the safety and good appearance of the [mobile

27

home park] manufactured home community, but under no

28

circumstances may a resident be required to purchase such

29

equipment from a supplier designated by the [park] community 

30

owner or operator.

- 10 -

 


1

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

2

charges and assessments payable to the community owner and

3

utility charges for water, sewer, trash, Internet, cable,

<--

4

electricity and fuel charges payable to the owners or others and

<--

5

notice of any other utility charges for which the lessee may be

6

responsible shall be fully disclosed in writing to a prospective

7

manufactured home [resident] lessee prior to the manufactured

8

home community owner or operator's acceptance of any initial

9

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

10

manufactured home space lease. For current manufactured home

11

residents the manufactured home community owner or operator

12

shall fully disclose all rent, fees, service charges and

13

assessments payable to the community owner and utility charges

14

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

15

payable to others in writing prior to the execution of a

16

mandatory lease of at least one month in duration.

17

(b)  The manufactured home community owner may require that

18

the prospective lessee or current lessee sign a receipt

19

indicating receipt of a copy of the required disclosure and the

20

manufactured home community rules and regulations so long as

21

these documents are clearly identified in the receipt itself.

22

The receipt shall indicate nothing more than that the documents

23

identified in the receipt have been received by the lessee.

24

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

25

assessments shall render them void and unenforceable in the

26

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

27

service charges and assessments payable to the owner shall be

28

unenforceable until 30 days after notice thereof has been posted

29

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

30

or other conspicuous and readily accessible place in the

- 11 -

 


1

manufactured home community and mailed to the manufactured home 

2

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

3

the term of the lease.

4

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

5

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

6

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

7

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

8

This document contains important information regarding your

9

legal rights and your financial obligations in leasing or

10

renewing or signing a new lease for a manufactured home

11

space. Make sure that you read the entire document and seek

12

legal advice if you have any questions regarding the

13

information stated in this document.

14

The statements contained in this disclosure are only summary

15

in nature. A prospective lessee should refer to all

16

references, including all lease or rental agreement documents

17

as well as any rules and regulations that have been

18

established for the manufactured home community. Oral

19

representations should not be relied on as correctly stating

20

the representations of the manufactured home community owner

21

or operator. Instead, you should refer to the lease or rental

22

agreement and required disclosure documents for correct

23

representations. You should also refer to the act of November

24

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

25

Community Rights Act, to become familiar with your

26

obligations and rights as a manufactured home resident.

27

You have five calendar days from the date you received this

<--

28

documentation to cancel your agreement in writing to the

29

manufactured home community owner or operator.

30

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

<--

- 12 -

 


1

which are for more than a 60-day period, shall contain the

2

following full disclosures:

3

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

4

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

5

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

6

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

7

amount or user fees charged by the manufactured home community

8

owner for the services provided by the manufactured home

9

community owner shall also be disclosed.

10

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

11

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

12

limited to, notification to the manufactured home lessee at

13

least 60 days in advance of the increase.

14

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

15

amount, including, but not limited to these factors:

16

(i)  Water rates.

17

(ii)  Sewer rates.

18

(iii)  Waste disposal rates.

19

(iv)  Maintenance costs, including costs of deferred

20

maintenance.

21

(v)  Management costs.

22

(vi)  Property taxes.

23

(vii)  Major repairs or improvements.

24

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

25

that the manufactured home lessee is required to pay or that the

26

manufactured home owner or operator intends to charge during the

27

terms of the lease or rental agreement.

28

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

29

charges will be assessed.

30

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

- 13 -

 


1

manufactured home space paid to the operator community owner by

<--

2

a prior lessee during the previous 12 months.

3

(6)  Disclosure of all user fees service charges currently

<--

4

charged for services offered which the manufactured home lessee 

5

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

6

increased.

7

(7)  Any manufactured home community rules and regulations

8

that have been established and an explanation of the manner in

9

which the rules and regulations will be set, changed or

10

promulgated.

11

(8)  A calculation of the The rent history of the

<--

12

manufactured home space for the three full calendar years

13

immediately preceding the prospective initial rental agreement

14

date. This information shall be for basic manufactured home

15

space rental only and does not apply to other fees such as late

16

charges and guest fees. The calculation shall be made as of

<--

17

January of each year by adding the dollar amounts and percentage

18

amounts for aggregate rental increases, if any, that took effect

19

in the prior calendar year for every manufactured home space in

20

the manufactured home community and dividing that number by the

21

total number of occupied manufactured home spaces for which rent

22

was or could have been increased. Additionally, the calculation

23

of rent history shall be posted in the public portion of the

24

manufactured home community's rental office or other conspicuous

25

and readily accessible place and in the same place as any rules

26

and regulations that have been established for the manufactured

27

home community are posted.

28

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

29

local governmental agencies which require the manufactured home

30

community owner to take corrective action, including citations

- 14 -

 


1

from the Department of Environmental Protection regarding water

2

and sewage. Such information shall also be posted within the

3

community in the same place as manufactured home community rules

4

and regulations are displayed until the corrective action has

5

been completed.

6

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

7

park] manufactured home community owner or operator may restrict

8

the making of any interior improvements in a [mobile] 

9

manufactured home so long as such improvements are in compliance

10

with applicable building codes and other provisions of law; nor

11

may he restrict the installation, service or maintenance of an

12

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

13

charge any fee for such installation unless the fee reflects the

14

actual cost to the [mobile home park] manufactured home

15

community owner or operator of such installation or its use.

16

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

17

charged by the community owner for the installation or removal

18

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

19

manufactured home space shall not exceed the actual cost to the

20

[mobile home park] manufactured home community owner or operator

21

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

22

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

23

owner or operator acts to recover possession of said space for

24

reasons other than nonpayment of rent or breach of a condition

25

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

26

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

27

provided shall entitle the [tenant] lessee to recover treble

28

their amount plus court costs and reasonable attorney fees.

29

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

30

installation fee shall not bar the [mobile home park] 

- 15 -

 


1

manufactured home community owner or operator from requiring a

2

reasonable security deposit in accordance with the act of April

3

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

4

of 1951."

5

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

6

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

7

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

8

fee may be charged for overnight visitors or guests occupying a

9

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

10

overnight visitors or guests so frequently remain overnight for

11

residential purposes so as to increase the number of persons

12

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

13

[mobile home park] manufactured home community may revise the

14

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

15

lessees with a like number of members in their household.

16

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

17

rule, regulation or condition of a lease purporting to prevent

18

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

19

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

20

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

21

community owner or operator may reserve the right to approve the

22

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

23

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

24

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

25

such [mobile] manufactured home shall be void and unenforceable

26

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

27

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

28

manufactured home owner pursuant to a separate written fee 

29

agreement.

30

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

- 16 -

 


1

community offering a manufactured home for sale, the lessee or

2

occupant must obtain from the community operator the then-

3

current disclosure document required by this act and provide a

4

copy to any prospective buyer along with an attached sheet of

5

paper with the following information printed in 12-point

6

boldfaced type:

7

Be advised that this manufactured home offered for sale is

8

subject to the Manufactured Home Communities Rights Act and a

9

written lease required under that law. You are advised that

10

the community in which this home is now placed requires an

11

approved application for lessees and occupants and a fully

12

executed lease prior to your right to reside in the

13

community.

14

You shall have a minimum of 5 calendar days after receiving

<--

15

this disclosure required under the Manufactured Home

16

Communities Rights Act to void the transaction with the

17

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

18

any deposits and rents paid to the operator of the community.

19

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

20

acknowledgment from the prospective buyer of the manufactured

21

home of receipt of the disclosure may be grounds for

22

cancellation of the sale by the buyer.

23

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

24

[mobile home park] manufactured home community owners and

25

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

26

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

27

agreement. Any such agreement attempting to limit these rights

28

shall be void and unenforceable in the courts of the

29

Commonwealth.

30

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

- 17 -

 


1

manufactured home community owner, operator or [resident] lessee 

2

aggrieved by a violation of their rights under this act may

3

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

4

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

5

in any appropriate court of initial jurisdiction within the

6

Commonwealth.

7

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

8

to the manufactured home community prospective first-time lessee

9

prior to execution of the manufactured home space rental

10

agreement or prior to initial occupancy of a manufactured home,

11

the rental agreement is voidable by the lessee during the first

<--

12

year of occupancy until five calendar days after the receipt of

<--

13

the disclosure by the lessee.

14

(c)  To cancel void the rental agreement, the prospective

<--

15

first-time lessee shall deliver written notice to the

16

manufactured home community owner or operator within five days

17

after receipt of the disclosure and shall thereupon be entitled

18

to a refund from the owner or operator of the community of any

19

deposit together with installation costs for the manufactured

20

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

<--

21

manufactured home occupant.

22

(d)  The manufactured home community owner or operator may

23

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

24

manufactured home community owner or operator and the lessee

25

have entered into the rental agreement.

26

(e)  When the manufactured home community owner or operator

27

and a manufactured home lessee execute a new, renewed or

28

extended space rental agreement lease for a manufactured home

<--

29

space, which increases rent or payables to the lessor, the

<--

30

manufactured home community owner or operator may not collect 

- 18 -

 


1

increased rent or fee payable rent from the manufactured home

<--

2

lessee until the manufactured home community owner or operator

3

and the manufactured home lessee have entered into the new,

4

renewed or extended lease. After receiving 60 days' notice of

5

the community owner's or operator's intent to offer a new lease,

6

the manufactured home occupant shall have 30 days to either

7

accept the new, renewed or extended rental agreement or to

8

notify the manufactured home community owner or operator of

9

intent to vacate within 30 days. No increased rent or fee lease

<--

10

charges shall be effective against a lessee or occupant prior to

<--

11

the 61st day after receiving the owner or operator notice.

12

(f)  A manufactured home lessee who chooses not to enter into

13

a new, renewed or extended rental agreement shall have 60 days

14

from the date of notification of intent to vacate the

15

manufactured home community, to enter into contract to sell or

16

to relocate the manufactured home. No increased rent fee or

<--

17

lease charge shall apply during this period. So long as the

18

manufactured home community owner or operator complied with

19

disclosure as provided in section 6, the manufactured home

20

lessee who does not enter into a new, extended or renewed rental

21

agreement shall not be entitled to relocation costs.

22

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

23

home park] manufactured home community owner or operator to

24

recover possession of real property from a [mobile home park

25

resident] manufactured home community lessee or to change the

26

lease within six months of a [resident's] lessee's assertion of

27

[his] rights under this act or any other legal right shall raise

28

a presumption that such action constitutes a retaliatory and

29

unlawful eviction by the owner or operator and is in violation

30

of this act. Such a presumption may be rebutted by competent

- 19 -

 


1

evidence presented in any appropriate court of initial

2

jurisdiction within the Commonwealth.

3

Section 5.  This act shall apply to:

4

(1)  New sales and leases of manufactured home community

5

spaces entered into after the effective date of this section.

6

(2)  Extensions and renewals of leases of manufactured

7

home community spaces entered into after the effective date

8

of this act SECTION.

<--

9

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

- 20 -