THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, SAMUELSON, HAHN, THOMAS, BRENNAN, CALTAGIRONE, DALEY, DeLUCA, DONATUCCI, GINGRICH, HENNESSEY, HORNAMAN, JOSEPHS, KOTIK, KULA, MIRABITO, MUNDY, MURT, O'NEILL, PASHINSKI, SWANGER, VULAKOVICH AND YOUNGBLOOD, JUNE 30, 2011

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 30, 2011  

AN ACT

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

entitled, as amended, "An act providing for the rights and

duties of manufactured home owners or operators and

manufactured home lessees," adding definitions; providing for

abandoned manufactured homes, for sale of manufactured home

communities and for remedies; and repealing certain

provisions of The Landlord and Tenant Act of 1951.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 introductory paragraph of the act of

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

Home Community Rights Act, amended October 19, 2010 (P.L.546,

No.80), is amended and the section is amended by adding

definitions to read:

Section 2.  Definitions.--[As used in this act] The following

words and phrases when used in this act shall have the meanings

given to them in this section unless the context clearly

indicates otherwise:

* * *

"Receipted first-class mail."  First-class mail for which a

certificate of mailing has been obtained. The term does not

include certified or registered mail.

* * *

"Resident association."  An organization open to all

residents of a manufactured housing community, whether the

organization is structured as a cooperative, a corporation or

otherwise.

* * *

"Tenant."  A person who leases a manufactured home.

Section 2.  The act is amended by adding sections to read:

Section 10.1.  Abandoned Manufactured Homes.--(a)  If a

resident or a tenant relinquishes possession of a manufactured

home for a period of at least 30 days, the manufactured home

community owner or other authorized person may:

(1)  Enter the manufactured home and secure any appliances,

furnishings, materials, supplies or other personal property in

the manufactured home, disconnect the manufactured home from any

utilities and otherwise exercise ordinary care in relation to

the manufactured home and personal property, including promptly

disposing of perishable food and contacting an animal control

agency or humane society to remove any abandoned pets.

(2)  (i)  Move the manufactured home and any personal

property inside the manufactured home or within the manufactured

home community that belong to the resident to a storage area

within the manufactured home park or to another location deemed

necessary and proper without the requirement of obtaining a

removal permit for the manufactured home from the local taxing

authority which would otherwise be required under 53 Pa.C.S. §

8821(d) (relating to assessment of mobile homes and house

trailers).

(ii)  The manufactured home shall continue to be subject to

the lien for taxes assessed against it, but the real estate on

which the manufactured home was and is located shall not be

encumbered by the lien. The former manufactured home residents

or tenants shall be notified by mail and by posting on the

manufactured home and at any other known address, or by any

other means by which notice may be achieved, that the

manufactured home and personal property, if applicable, has been

moved and of the new location of the manufactured home and

personal property.

(3)  Assess removal charges and storage charges against the

former manufactured home residents or tenants.

(4)  Dispose of the personal property or manufactured home,

or both, in accordance with the procedures set forth in

subsection (c). If the personal property or manufactured home is

sold, the proceeds from the sale shall be distributed in the

following order:

(i)  to pay the costs of moving, storing and selling the

personal property or manufactured home;

(ii)  to pay all back rent due to the owner;

(iii)  to pay all outstanding taxes on the manufactured home;

and

(iv)  to pay all outstanding liens on the manufactured home.

Any amount still remaining from the sale after payment of the

items in subparagraphs (i), (ii), (iii) and (iv) shall be paid

to the resident or tenant. If the resident's or tenant's

whereabouts are unknown, any amount due and payable to the

resident or tenant shall be paid to the Commonwealth as required

by Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176),

known as "The Fiscal Code."

(b)  The manufactured home community owner or other

authorized person acting in good faith to comply with the

requirements of this section are not responsible for any loss or

damage to a home, personal property inside the manufactured home

or within the community, or for any fees, assessments or other

charges of any kind relating to the abandoned manufactured home

unless it is proven that the resident or tenant had not

relinquished possession of the real property, in which case, the

owner shall be liable for the loss incurred by the resident or

tenant.

(c)  (1)  The manufactured home community owner or other

authorized person may dispose of the manufactured home and

personal property after first giving written notice to the

resident and any lienholder. The notice shall be sent by

certified mail, return-receipt requested, or by receipted first-

class mail, to the resident's or tenant's last known address,

which may be the address of the premises, and at any alternate

address or addresses known to the owner or other authorized

person, including the address of emergency contacts if provided.

The notice shall also be posted in a conspicuous location in the

manufactured home community.

(2)  The notice of removal required by subsection (a)(2) and

the notice of disposal required by this subsection may be

combined in one notice.

(d)  The notice required under this section shall state the

following:

(1)  The manufactured home is considered abandoned and to

avoid the sale or other disposal of the manufactured home, the

manufactured home must be claimed and removed from the premises

in the manufactured home community or from the storage area or

from the place of storage within a period of time not less than

30 days after the date of mailing of the notice.

(2)  If the manufactured home is not claimed and removed

within the time set forth in the notice:

(i)  the owner or other authorized person may sell the

manufactured home at public or private sale; or

(ii)  if it is reasonably determined by the owner or other

authorized person that the value of the property is so low that

the cost of storage and conducting a sale would probably exceed

the amount that would be realized from the sale of the

manufactured home, the manufactured home may be destroyed or

discarded.

(3)  (i)  Within the time provided in the notice, the

resident may claim the manufactured home by notifying the

manufactured home community owner or other authorized person in

writing that the manufactured home will be claimed and removed

within the time provided in the notice or such later time as is

mutually agreed to by the owner or other authorized person and

the resident.

(ii)  If the resident fails to claim and remove the

manufactured home within the time specified in the notice or

such later time, the manufactured home shall be conclusively

deemed abandoned and the owner or other authorized person shall

proceed to sell or otherwise dispose of the manufactured home.

(e)  When a manufactured home community owner or other

authorized person desires to dispose of the manufactured home, a

copy of the notice shall also be sent to the Department of

Transportation, addressed to the Bureau of Motor Vehicles,

Vehicle Registration Division, or such other office or bureau as

is designated by the department.

(f)  (1)  When a manufactured home is sold under this

section, the Department of Transportation shall, upon proof of

sale and purchase and regardless of anything to the contrary in

75 Pa.C.S. (relating to vehicles), issue a certificate of title

to the purchaser evidencing no encumbrances.

(2)  If the manufactured home is not sold, but is destroyed

or discarded because the value of the manufactured home was

determined to be so low that the storage and sale would exceed

the amount to be realized in the sale, the department shall,

upon receiving notarized documentation that the manufactured

home was destroyed or discarded, make an appropriate notation on

its recordkeeping system that the manufactured home has been

destroyed or discarded and that no certificate of title should

again be issued for the manufactured home.

(3)   The Department of Transportation may create and use a

special form for this process, but may not impose any other

requirements for compliance with this provision to be fulfilled.

(g)  (1)  When a manufactured home is moved to a storage area

or another location or is disposed of as provided for by this

section, and the space on which that manufactured home

previously was located is vacant, the manufactured home

community owner or other authorized person may lease that space

to a new resident or otherwise locate another manufactured home

on that space.

(2)  The municipality in which the manufactured home

community is located shall not prevent the occupancy of that

space by another manufactured home nor shall it attach any

conditions to the occupancy that are not applicable to a new

resident locating in a space made vacant other than by

abandonment.

(h)  (1)  If a manufactured home is moved to a storage area

or another location or is disposed of as provided for in this

section, the manufactured home community or the purchaser of the

manufactured home shall not be liable for any taxes, fees,

assessments or other charges imposed by the municipality on the

manufactured home.

(2)  Liability for any taxes assessed and imposed on the

resident or liability to satisfy any lien for such taxes shall

continue to be the responsibility of the resident, and shall not

be assessed and imposed on the manufactured home community, all

of which is as provided for in the act of May 22, 1933 (P.L.853,

No.155, known as "The General County Assessment Law," or in 53

Pa.C.S. Ch. 88 (relating to consolidated county assessment).

Section 11.1.  Sale of Manufactured Home Communities.--(a)

Manufactured home community owners shall:

(1)  Provide written notice to all the residents of the

community, to the resident association if one exists, to the

Pennsylvania Housing Finance Agency and to the municipality

where the manufactured housing community is located no less than

60 days prior to entering into any agreement for sale or lease

of the community, however, the community owner may provide the

required notice after entering into an agreement for sale or

lease of the community if the agreement is conditioned on

affording the residents the purchase opportunity required by

this section and the notice is given no less than 60 days before

the agreement becomes final and unconditional. The requirements

stated in this subsection shall apply separately to each

substantially different agreement for sale or lease of the

community. Manufactured home community owners shall not be

required to give the notice required by this subsection when:

(i)  The sale or transfer is to a family member of the owner

or to a trust, the beneficiaries of which are family members of

the owner.

(ii)  The sale or transfer is by a partnership to one or more

of its partners.

(iii)  The conveyance of an interest in the community is

incidental to the financing of the community.

(iv)  The sale or transfer is between joint tenants or

tenants in common.

(v)  The sale is pursuant to eminent domain.

(2)  Provide written notice to the residents of the

community, to the resident association if one exists, to the

Pennsylvania Housing Finance Agency and to the municipality

where the manufactured home community is located within 60 days

of a decision to close the community. The notice shall include

the estimated date residents and tenants will be expected to

vacate the community, which shall be no less than 180 days from

the date of the notice, and the estimated date the community

will be closed.

(3)  Notify any prospective resident in writing, prior to

leasing a manufactured home space, and any prospective tenant,

prior to leasing a manufactured home in a manufactured home

community, if the manufactured home community is intended to be

closed or otherwise terminated or is the subject of sale.

(b)  The notice sent to the Pennsylvania Housing Finance

Agency under subsection (a)(1) or (2) shall be by certified mail

and shall be addressed to the agency's legal department.

(c)  Within 60 days of the effective date of this section,

the Pennsylvania Housing Finance Agency shall publish a notice

in both the Pennsylvania Bulletin and on its website that it is

compiling a list of parties interested in receiving copies of

any notice received by it under subsection (a)(1) or (2) and

inviting such parties to provide their contact information to

receive notices of community sales or closures. Interested

parties may indicate their region of the State or that they

operate Statewide. The agency shall send copies of notices it

receives under this section to parties on the list that are

Statewide or within the region they identify. Notices shall be

sent by regular mail or by electronic mail within ten calendar

days of the legal department's receipt of a notice.

(d)  (1)  A notice given pursuant to subsection (a)(3) shall

be given personally to the prospective resident or prospective

tenant.

(2)  A notice given pursuant to subsection (a)(1) or (2)

shall be:

(i)  sent to each resident by certified or registered mail;

(ii)  delivered to an adult resident of each manufactured

home space within the manufactured home community;

(iii)  posted prominently on each manufactured home space;

and

(iv)  posted in the same conspicuous and readily accessible

place in the manufactured home community where the community

rules and regulations are posted, pursuant to section 4.

(e)  A manufactured home community owner shall consider any

offer to purchase the community made by a resident association

representing at least 25% of the manufactured home spaces or by

a nonprofit corporation, including a community development

corporation, housing authority or redevelopment authority acting

at the request of the residents of at least 25% of the spaces

and shall negotiate in good faith with the entity submitting the

offer.

(f)  A manufactured home community owner shall pay relocation

expenses to the owner of any manufactured home in a manufactured

home community that is closing in an amount equivalent to the

cost of relocation, not to exceed the amount of $4,000 for a

single manufactured home space and $6,000 for multisection

manufactured home spaces. The amounts stated in this subsection

shall be adjusted annually by the Department of Community and

Economic Development to reflect any increase in the Consumer

Price Index.

(g)  A manufactured home community owner shall pay a minimum

of $2,500 or the appraised value of any manufactured home to the

resident of the manufactured home upon the closure of the

community if the resident is unable or unwilling to find a

suitable replacement site. The appraised value must be provided

by a certified residential real estate appraiser with

substantial experience in appraising manufactured homes who is

mutually agreed to by the owner and the resident. If the parties

cannot agree on an appraiser, each shall select an appraiser,

and the two appraisers shall select the appraiser to perform the

appraisal. The owner and the resident shall each pay half of the

cost for the appraisal. Notwithstanding the provisions of this

subsection, the resident and the owner may mutually agree upon a

price for the sale of the manufactured home to the owner.

(h)  In the event a manufactured home community is closed

because of a condemnation, action in eminent domain or other

governmental action, the manufactured home residents shall be

entitled to any and all relocation benefits available under law.

(i)  A tenant who rents a manufactured home in a manufactured

home community shall have the right to terminate the lease

without penalty upon receiving notice of the planned closing of

the community.

(j)  A manufactured home resident shall not be required to

remove the manufactured home from the land when a manufactured

home community closes, nor shall the resident be liable for the

costs of removing or disposing of the manufactured home. The

manufactured home community owner may require a resident who is

leaving a manufactured home in the community to assign the title

or other evidence of ownership to the owner. In the event the

resident refuses to make such assignment, the owner may proceed

under section 10.1.

Section 16.1.  Remedies.--(a)  A violation of this act may be

enforced as provided by sections 13, 14, 15 and 16 and shall

also constitute an "unfair or deceptive act or practice" within

the meaning of section 2(4) of the act of December 17, 1968

(P.L.1224, No.387), known as the "Unfair Trade Practices and

Consumer Protection Law," and shall be a violation of and shall

be subject to the enforcement provisions and private rights of

action contained in that act.

(b)  Residents shall have the right to seek injunctive relief

to enforce compliance with this section and section 11.1.

Section 3.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  Section 505 of the act of April 6, 1951 (P.L.69,

No.20), known as The Landlord and Tenant Act of 1951, is

repealed.

Section 4.  This act shall take effect in 60 days.