PRIOR PRINTER'S NO. 2267

PRINTER'S NO.  3217

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1767

Session of

2011

  

  

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, YOUNGBLOOD AND EMRICK, JUNE 30, 2011

  

  

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 14, 2012   

  

  

  

AN ACT

  

1

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

2

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

3

duties of manufactured home owners or operators and

4

manufactured home lessees," adding further providing for 

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definitions; providing for determination of abandonment, for 

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abandoned manufactured homes, for immunity from liability,

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for sale or lease of manufactured home communities, for

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closure of manufactured home communities, for notice

9

requirements in the event of closure of manufactured home

10

community and for remedies; and repealing certain provisions

11

of The Landlord and Tenant Act of 1951.

12

The General Assembly of the Commonwealth of Pennsylvania

13

hereby enacts as follows:

14

Section 1.  Section 2 introductory paragraph of the act of

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

16

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

17

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

18

definitions to read:

19

Section 1.  Section 2 of the act of November 24, 1976

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

 


1

Rights Act, amended October 19, 2010 (P.L.546, No.80), is

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amended to read:

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

4

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

5

given to them in this section unless the context clearly

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indicates otherwise:

7

* * *

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"Agency."  The Office of Attorney General.

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"Designated notification recipient lessee."  A lessee who

10

designates in the lease a specific lessee and address for the

11

purposes of receiving all required notices with regard to the

12

manufactured home leased space. Delivery by certified or

13

registered mail to a lessee so designated shall be deemed

14

sufficient for purposes of this act.

15

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

16

manufactured home from a manufactured home community in

17

accordance with an order of possession by a court of the

18

Commonwealth pursuant to:

19

(1)  the relevant provisions of the act of April 6, 1951

20

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

21

or

22

(2)  a similar order of a court of common pleas.

23

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

24

placed a manufactured home in a manufactured home community.

25

"Lessee."  A person [that] who rents a manufactured home

26

community space [and is the responsible party for the

27

performance of the terms of lease] from a lessor pursuant to the

28

terms of a lease.

29

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

30

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

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terms of lease.] The owner or operator of a manufactured home

2

community who rents a manufactured home space to a lessee

3

pursuant to the terms of a lease and who is responsible for the

4

performance of the terms of the lease.

5

"Manufactured home."  The term includes:

6

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

7

National Manufactured Housing Construction and Safety Standards

8

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

9

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

10

to definitions).

11

"Manufactured home community" or "community."  A site, lot,

12

field or tract of land, privately or publicly owned or operated,

13

upon which three or more manufactured homes, occupied for

14

dwelling or sleeping purposes, are or are intended to be

15

located, regardless of whether or not a charge is made for such

16

accommodation.

17

"Manufactured home community operator" or "community

18

operator."  A person or entity which conducts the operations of

19

a manufactured home community on behalf and as the agent of the

20

community owner.

21

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

22

[An owner or operator of] A person or entity which owns a

23

manufactured home community.

24

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

25

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

26

home resident].

27

"Manufactured home [resident."] resident" or "resident."  An 

28

owner of a manufactured home who leases or rents space in a

29

manufactured home community. The term does not include a person

30

who rents or leases a  manufactured home.

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"Manufactured home space."  A plot of ground within a

2

manufactured home community designed for the accommodation of

3

one manufactured home.

4

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

5

contract between a manufactured home lessee and a manufactured

6

home community owner containing reciprocal rights and duties,

7

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

8

placement of a manufactured home in a manufactured home

9

community.

10

"Manufactured home tenant" or "tenant."  A person who leases

11

a manufactured home from the owner of that manufactured home.

12

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

13

certificate of mailing has been obtained. The term does not

14

include certified or registered mail.

15

* * *

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"Rent."  Ground rent for a manufactured home space.

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"Resident association."  An organization open to all

18

residents of a manufactured housing community, whether the

19

organization is structured as a cooperative, a corporation or

20

otherwise.

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* * *

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

23

"Rules and regulations."  Policies and guidelines established

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by a manufactured home community owner that relate to community

25

living.

26

"Service charges."  Charges for electricity, gas service

27

which is underground and piped directly to individual units

28

within a manufactured home community, trash removal, sewage,

29

water, Internet, cable and all other utilities.

30

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

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Section 10.1.  Determination of Abandonment.--(a)  A lessee

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or resident shall be deemed to have abandoned a home and all

3

personal property in it only after either:

4

(1)  Judicial process, which shall include all of the

5

following:

6

(i)  the entry of a judgment for possession in favor of the

7

community owner or operator pursuant to applicable law;

8

(ii)  the execution of an order for possession, or equivalent

9

process, on said judgment; and

10

(iii)  a determination by a magisterial district court or

11

other court of competent jurisdiction that the home and property

12

have been abandoned.

13

(2)  Voluntary abandonment, as evidenced by a written

14

statement from the lessee or resident stating that the lessee or

15

resident has physically or permanently vacated the home, does

16

not intend to return to it and has given up all further rights

17

or ownership interest.

18

(b)  The determination of abandonment shall be based on a

19

preponderance of the evidence of the lessee's absence from the

20

home for at least 30 days and nonpayment of rent for at least 30

21

days from the date it is due, together with one or more of the

22

following:

23

(1)  Termination of electric or water service to the home and

24

other utility or payment of services to the community owner.

25

(2)  Cancellation of insurance for the home.

26

(3)  Removal of most or all personal property from the home.

27

(4)  Any other indicia of abandonment.

28

(c)  Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to

29

jurisdiction and venue), a magisterial district court shall have

30

jurisdiction to determine if a manufactured home has been

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abandoned and shall make a determination as to whether a

2

manufactured home has been abandoned if the issue is presented.

3

(d)  A determination by the court that a manufactured home

4

has been abandoned shall give the community owner the same

5

rights as an entity which has been granted a judgment for

6

possession.

7

Section 10.1 10.2.  Abandoned Manufactured Homes.--(a)  If a

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resident or a tenant relinquishes possession of abandons a

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

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manufactured home community owner or other authorized person

11

may:

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(1)  Enter (i)  enter the manufactured home and secure any

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appliances, furnishings, materials, supplies or other personal

14

property in the manufactured home, disconnect;

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(ii)  disconnect the manufactured home from any utilities and

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utilities; and

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(iii)  otherwise exercise ordinary care in relation to the

18

manufactured home and personal property, including promptly

19

disposing of perishable food and contacting an animal control

20

agency or humane society to remove any abandoned pets.

21

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

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property inside the manufactured home or and personal property

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located within the manufactured home community that is believed

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to belong to the resident to a storage area within the

25

manufactured home park community or to another location deemed

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necessary and proper without the requirement of obtaining a

27

removal permit for the manufactured home from the local taxing

28

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

29

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

30

trailers). Prior to moving the manufactured home and personal

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property, the community owner shall notify the former

2

manufactured home resident by mail and by posting on the

3

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

4

means by which notice may be achieved. The notice shall state

5

that the manufactured home and personal property, if applicable,

6

will be moved 60 days after the date of notice and shall inform

7

the former resident of the new location of the manufactured home

8

and personal property.

9

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

10

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

11

which the manufactured home was and is located shall not be

12

encumbered by or subject to the lien. The former manufactured

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home residents or tenants shall be notified by mail and by

14

posting on the manufactured home and at any other known address,

15

or by any other means by which notice may be achieved, that the

16

manufactured home and personal property, if applicable, has been

17

moved and of the new location of the manufactured home and

18

personal property.

19

(3)  Assess removal charges and storage charges against the

20

former manufactured home residents or tenants.

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

22

or both, in accordance with the procedures set forth in

23

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

24

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

25

following order:

26

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

27

personal property or manufactured home;

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(ii)  to pay all back rent due and all other amounts due to

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the community owner;

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

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and

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

3

Any amount still remaining from the sale after payment of the

4

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

5

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

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whereabouts are unknown, any amount due and payable to the

7

resident or tenant shall be paid to the Commonwealth as required

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

9

known as "The Fiscal Code."

10

(a.1)  Notwithstanding any other provision of law to the

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contrary, upon proper disposal of the personal property and the

12

manufactured home, neither the purchaser nor the manufactured

13

home community owner, nor any person acting for or on behalf of

14

the purchaser or the manufactured home community owner, shall be

15

liable for any outstanding taxes or liens on the home.

16

(b)  The manufactured home community owner or other

17

authorized person acting in good faith to comply with the

18

requirements of this section are not responsible for any loss or

19

damage to a home, personal property inside the manufactured home

20

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

21

charges of any kind relating to the abandoned manufactured home

22

unless it is proven that the resident or tenant had not

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

24

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

25

tenant unless the community owner failed to provide the notice

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required under this section or failed to exercise due care of

27

the home or personal property.

28

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

29

authorized person may dispose of the manufactured home and

30

personal property after first giving written notice to the

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resident and any lienholder. The notice shall be sent by

2

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

3

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

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

5

address or addresses if known to the owner or other authorized

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person, including the address of emergency contacts if provided.

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

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manufactured home community.

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

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(2)(i) and the notice of disposal required by this subsection

11

may be combined in one notice.

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

13

following:

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(1)  The manufactured home is and contents are considered

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abandoned and to avoid the sale or other disposal of the

16

manufactured home, the manufactured home and contents must be

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claimed and removed from the premises in the manufactured home

18

community or from the storage area or from the place of storage

19

within a period of time not less than 30 60 days after the date

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of mailing of the notice.

21

(2)  If the manufactured home is and contents are not claimed

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and removed within the time set forth in the notice:

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

24

manufactured home at public or private sale with or without

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additional notices; or

26

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

27

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

28

the cost of storage and conducting a sale would probably exceed

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the amount that would be realized from the sale of the

30

manufactured home, the manufactured home may be destroyed or

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discarded.

2

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

3

resident may claim the manufactured home by notifying the

4

manufactured home community owner or other authorized person in

5

writing that the manufactured home will be claimed and removed

6

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

7

mutually agreed to by the owner or other authorized person and

8

the resident.

9

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

10

manufactured home within the time specified in the notice or

11

such later time, the manufactured home shall be conclusively

12

deemed abandoned and the community owner or other authorized

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person shall be entitled to proceed to sell or otherwise dispose

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of the manufactured home.

15

(e)  When a manufactured home community owner or other

16

authorized person desires to dispose disposes of the

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manufactured home, a copy of the notice of disposal shall also 

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be sent to the Department of Transportation, addressed to the

19

Bureau of Motor Vehicles, Vehicle Registration Division, or such

20

other office or bureau as is designated by the department.

21

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

22

section, the Department of Transportation shall, upon proof of

23

sale and purchase and regardless of anything to the contrary in

24

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

25

to the purchaser evidencing no encumbrances.

26

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

27

or discarded because the value of the manufactured home was

28

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

29

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

30

upon receiving notarized documentation that the manufactured

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1

home was destroyed or discarded, make an appropriate notation on

2

its recordkeeping system that the manufactured home has been

3

destroyed or discarded and that no certificate of title should

4

again be issued for the manufactured home.

5

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

6

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

7

requirements for compliance with this provision to be fulfilled.

8

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

9

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

10

section, and the space on which that manufactured home

11

previously was located is vacant, the manufactured home

12

community owner or other authorized person may lease that space

13

to a new resident or otherwise locate another manufactured home

14

on that space.

15

(2)  The municipality or taxing district in which the

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manufactured home community is located shall not prevent the

17

occupancy of that space by another manufactured home nor shall

18

it attach any conditions to the occupancy that are not

19

applicable to a new resident locating in a space made vacant by

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circumstances other than by abandonment.

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

22

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

23

section, the real estate on which the manufactured home was or

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is located, the manufactured home community or the purchaser of

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

26

assessments or other charges imposed by the municipality or

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taxing district on the manufactured home.

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

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resident or liability to satisfy any lien for such taxes shall

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

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be assessed and imposed on the real estate on which the

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manufactured home was or is located, the manufactured home

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community or the purchaser of the manufactured home, all of

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

5

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

6

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

7

(3)  No government entity shall refuse to issue or delay

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issuing any permits, licenses or other required authorities to

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the manufactured home community, community owner, purchaser or

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any new tenant or resident attempting to locate or lease a

11

manufactured home on the property where the abandoned home was

12

located solely because of tax liability on the abandoned home.

13

Section 10.3.  Immunity from Liability.--A manufactured home

14

community owner who complies with the procedures set forth in

15

this act shall be immune from liability with regard to or as a

16

consequence of the sale, disposal or destruction of an abandoned

17

manufactured home and any contents in such manufactured home or

18

otherwise in the community or associated with the home except as

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otherwise specifically set forth in this act.

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Section 11.1.  Sale or Lease of Manufactured Home

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Communities.--(a)  Manufactured home community owners shall:

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

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

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Pennsylvania Housing Finance Agency and to the municipality

25

where the manufactured housing community is located no less than

26

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

27

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

28

required notice after entering into an agreement for sale or

29

lease of the community if the agreement is conditioned on

30

affording the residents the purchase opportunity required by

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

2

the agreement becomes final and unconditional. The requirements

3

stated in this subsection shall apply separately to each

4

substantially different agreement for sale or lease of the

5

community. Manufactured home community owners shall not be

6

required to give the notice required by this subsection when:

7

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

8

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

9

the owner.

10

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

11

of its partners.

12

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

13

incidental to the financing of the community.

14

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

15

tenants in common.

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(v)  The sale is pursuant to eminent domain. 

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(2) In the event of the sale or lease of a manufactured home

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community, a manufactured home community owner shall provide

19

written notice to the residents and tenants of the community and

20

to the Pennsylvania Housing Finance Agency. The notice shall be

21

sent within 30 days after any agreement of sale is signed. The  

22

notice shall be posted in the same conspicuous and readily

23

accessible place in the manufactured home community where the

24

community rules and regulations are posted, pursuant to section

25

4.

26

(b)  Within 30 days of transfer of title to the community the

27

new owner shall notify the residents and tenants of the name of

28

the new owner and contact information for either the new owner

29

or new operator of the community. The notice shall be mailed to

30

each resident and tenant and shall be posted immediately in the

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same conspicuous and readily accessible place in the

2

manufactured home community where the community rules and

3

regulations are posted, pursuant to section 4.

4

Section 11.2.  Closure of Manufactured Home Communities.--(a)

5

In the event of the closure of a manufactured home community, in

6

whole or part, the manufactured home community owner shall:

7

(1)  Provide written notice to the residents and tenants of

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

9

Pennsylvania Housing Finance Agency and to the municipality

10

where the manufactured home community is located within 60 days

11

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

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include the estimated date residents and tenants will be

13

expected to vacate the community, which shall be no less than

14

180 days from the date of the notice, and the estimated date the

15

community will be closed.

16

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

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leasing a manufactured home space, and any known prospective

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tenant, prior to leasing a manufactured home in a manufactured

19

home community, if the manufactured home community is intended

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to be closed or otherwise terminated or is the subject of sale 

21

of the scheduled closing date.

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(b)  The notice sent to the Pennsylvania Housing Finance

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

24

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

25

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

26

the Pennsylvania Housing Finance Agency shall publish a notice

27

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

28

compiling a list of parties interested in receiving copies of

29

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

30

inviting such parties to provide their contact information to

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receive notices of community sales or closures. Interested

2

parties may indicate their region of the State or that they

3

operate Statewide. The agency shall send copies of notices it

4

receives under this section to parties on the list that are

5

Statewide or within the region they identify. Notices shall be

6

sent by regular mail or by electronic mail within ten calendar

7

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

8

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

9

be given personally to the prospective resident or prospective

10

tenant.

11

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

12

shall be:

13

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

14

(ii)  delivered to an adult resident of each manufactured

15

home space within the manufactured home community;

16

(iii)  posted prominently on each manufactured home space;

17

and

18

(iv)  posted in the same conspicuous and readily accessible

19

place in the manufactured home community where the community

20

rules and regulations are posted, pursuant to section 4.

21

(e) (b)  A manufactured home community owner shall consider

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any offer to purchase the community made by a resident

23

association representing at least 25% of the manufactured home

24

spaces or by a nonprofit corporation, including a community

25

development corporation, housing authority or redevelopment

26

authority acting at the request of the residents of at least 25%

27

of the spaces and shall negotiate in good faith with the entity

28

submitting the offer.

29

(f) (c)  A manufactured home community owner shall pay

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relocation expenses to the owner of any manufactured home in a

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manufactured home community that is closing in an amount

2

equivalent to the cost of relocation, not to exceed the amount

3

of $4,000 for a single section manufactured home space and

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$6,000 for a multisection manufactured home spaces. The amounts

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5

stated in this subsection shall be adjusted annually by the

6

Department of Community and Economic Development to reflect any

7

increase in the Consumer Price Index.

8

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

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minimum of $2,500 or the appraised value, whichever is greater, 

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of any manufactured home to the resident of the manufactured

11

home upon the closure of the community if the resident is unable

12

or unwilling to find a reasonably suitable replacement site. The

<--

13

appraised value must be provided by a certified residential real

14

estate appraiser with substantial experience in appraising

15

manufactured homes who is mutually agreed to by the owner and

16

the resident. If the parties cannot agree on an appraiser, each

17

shall select an appraiser, and the two appraisers shall select

18

the appraiser to perform the appraisal. The community owner and

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19

the resident shall each pay half of the cost for the appraisal.

20

Notwithstanding the provisions of this subsection, the resident

21

and the community owner may mutually agree upon a price for the

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22

sale of the manufactured home to the owner.

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23

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

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24

because of a condemnation, action in eminent domain or other

25

governmental action, the manufactured home residents shall not 

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26

be entitled to any and all relocation benefits available under 

<--

27

law payments set forth in subsections (c) and (d), but shall be

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28

entitled to the rights and remedies available under laws

29

relating to condemnation, eminent domain or other governmental

30

action.

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1

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

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2

manufactured home community shall have the right to terminate

3

the lease without penalty upon receiving notice of the planned

4

closing of the community.

5

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

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6

to remove the manufactured home from the land when a

7

manufactured home community closes, nor shall the resident be

8

liable for the costs of removing or disposing of the

9

manufactured home. The manufactured home community owner may

10

require a resident who is leaving a manufactured home in the

11

community to assign the title or other evidence of ownership to

<--

12

the community owner. In the event the resident refuses to make

<--

13

such assignment, the community owner may proceed under section

<--

14

10.1.

15

Section 11.3.  Notice Requirements in Event of Closure of

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16

Manufactured Home Community.--(a)  The notice sent to the

17

Pennsylvania Housing Finance Agency under section 11.2 shall be

18

by certified mail and shall be addressed to the agency's legal

19

department.

20

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

21

the Pennsylvania Housing Finance Agency shall publish a notice

22

in both the Pennsylvania Bulletin and on its Internet website

23

that it is compiling a list of parties interested in receiving

24

copies of any notice received by it under sections 11.1 and 11.2

25

and inviting the parties to provide their contact information to

26

receive notices of community sales or closures. Interested

27

parties may indicate their region of the State or that they

28

operate Statewide. The agency shall send copies of notices it

29

receives under this section to parties on the list that are

30

Statewide or within the region the parties identify. Notices

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1

shall be sent by regular mail or by electronic mail within ten

2

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

3

(c)  A notice given pursuant to section 11.2(a)(1) shall be:

4

(1)  Delivered to an adult resident of each manufactured home

5

space within the manufactured home community or mailed by first

6

class mail to the resident or tenant of each space.

7

(2)  Posted in the same conspicuous and readily accessible

8

place in the manufactured home community where the community

9

rules and regulations are posted, pursuant to section 4.

10

(d)  A notice given pursuant to section 11.2(a)(2) shall be

11

given personally to the prospective resident or known

12

prospective tenant.

13

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

14

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

15

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

16

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

17

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

18

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

19

be subject to the enforcement provisions and private rights of

20

action contained in that act.

21

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

22

to enforce compliance with this section and section sections

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23

11.1 and 11.2.

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24

Section 3.  Repeals are as follows:

25

(1)  The General Assembly declares that the repeal under

26

paragraph (2) is necessary to effectuate this act.

27

(2)  Section The definition of "abandoned mobile home" in

<--

28

section 102 and section 505 of the act of April 6, 1951

29

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

30

1951, is are repealed.

<--

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1

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

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