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| PRIOR PRINTER'S NOS. 2267, 3217 | PRINTER'S NO. 3481 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 7, 2012 |
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| AN ACT |
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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," further providing for |
5 | definitions; providing for determination of abandonment, for |
6 | abandoned manufactured homes, for immunity from liability, |
7 | for sale or lease of manufactured home communities, for |
8 | 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 of the act of November 24, 1976 |
15 | (P.L.1176, No.261), known as the Manufactured Home Community |
16 | Rights Act, amended October 19, 2010 (P.L.546, No.80), is |
17 | amended to read: |
18 | Section 2. Definitions.--[As used in this act] The following |
19 | words and phrases when used in this act shall have the meanings |
20 | given to them in this section unless the context clearly |
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1 | indicates otherwise: |
2 | "Agency." The Office of Attorney General. |
3 | "Designated notification recipient lessee." A lessee who |
4 | designates in the lease a specific lessee and address for the |
5 | purposes of receiving all required notices with regard to the |
6 | manufactured home leased space. Delivery by certified or |
7 | registered mail to a lessee so designated shall be deemed |
8 | sufficient for purposes of this act. |
9 | "Eviction." The removal of a lessee, occupants and |
10 | manufactured home from a manufactured home community in |
11 | accordance with an order of possession by a court of the |
12 | Commonwealth pursuant to: |
13 | (1) the relevant provisions of the act of April 6, 1951 |
14 | (P.L.69, No.20), known as "The Landlord and Tenant Act of 1951"; |
15 | or |
16 | (2) a similar order of a court of common pleas. |
17 | "First-time lessee." The resident who places or causes to be |
18 | placed a manufactured home in a manufactured home community. |
19 | "Lessee." A person [that] who rents a manufactured home |
20 | community space [and is the responsible party for the |
21 | performance of the terms of lease] from a lessor pursuant to the |
22 | terms of a lease. |
23 | "Lessor." [An operator that rents a manufactured home space |
24 | to a lessee and that is responsible for the performance of the |
25 | terms of lease.] The owner or operator of a manufactured home |
26 | community who rents a manufactured home space to a lessee |
27 | pursuant to the terms of a lease and who is responsible for the |
28 | performance of the terms of the lease. |
29 | "Manufactured home." The term includes: |
30 | (1) A manufactured home as defined in section 603(6) of the |
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1 | National Manufactured Housing Construction and Safety Standards |
2 | Act of 1974 (Public Law 93-383, 42 U.S.C. § 5402(6)). |
3 | (2) A mobile home as defined in 75 Pa.C.S. § 102 (relating |
4 | to definitions). |
5 | "Manufactured home community" or "community." A site, lot, |
6 | field or tract of land, privately or publicly owned or operated, |
7 | upon which three or more manufactured homes, occupied for |
8 | dwelling or sleeping purposes, are or are intended to be |
9 | located, regardless of whether or not a charge is made for such |
10 | accommodation. |
11 | "Manufactured home community operator" or "community |
12 | operator." A person or entity which conducts the operations of |
13 | a manufactured home community on behalf and as the agent of the |
14 | community owner. |
15 | "Manufactured home community owner" or "community owner." |
16 | [An owner or operator of] A person or entity which owns a |
17 | manufactured home community. |
18 | "Manufactured home occupant." An individual who resides in a |
19 | manufactured home[, who is either a lessee or a manufactured |
20 | home resident]. |
21 | "Manufactured home [resident."] resident" or "resident." An |
22 | owner of a manufactured home who leases or rents space in a |
23 | manufactured home community. The term does not include a person |
24 | who rents or leases a manufactured home. |
25 | "Manufactured home space." A plot of ground within a |
26 | manufactured home community designed for the accommodation of |
27 | one manufactured home. |
28 | "Manufactured home space lease" or "lease." A written |
29 | contract between a manufactured home lessee and a manufactured |
30 | home community owner containing reciprocal rights and duties, |
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1 | including the payment of rent for the use of ground for the |
2 | placement of a manufactured home in a manufactured home |
3 | community. |
4 | "Manufactured home tenant" or "tenant." A person who leases |
5 | a manufactured home from the owner of that manufactured home. |
6 | "Receipted first-class mail." First-class mail for which a |
7 | certificate of mailing has been obtained. The term does not |
8 | include certified or registered mail. |
9 | "Rent." Ground rent for a manufactured home space. |
10 | "Resident association." An organization open to all |
11 | residents of a manufactured housing community, whether the |
12 | organization is structured as a cooperative, a corporation or |
13 | otherwise. |
14 | "Rules and regulations." Policies and guidelines established |
15 | by a manufactured home community owner that relate to community |
16 | living. |
17 | "Service charges." Charges for electricity, gas service |
18 | which is underground and piped directly to individual units |
19 | within a manufactured home community, trash removal, sewage, |
20 | water, Internet, cable and all other utilities. |
21 | Section 2. The act is amended by adding sections to read: |
22 | Section 10.1. Determination of Abandonment.--(a) A lessee |
23 | or resident shall be deemed to have abandoned a home and all |
24 | personal property in it only after either: |
25 | (1) Judicial process, which shall include all of the |
26 | following: |
27 | (i) the entry of a judgment for possession in favor of the |
28 | community owner or operator pursuant to applicable law; |
29 | (ii) the execution of an order for possession, or equivalent |
30 | process, on said judgment; and |
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1 | (iii) a determination by a magisterial district court or |
2 | other court of competent jurisdiction that the home and property |
3 | have been abandoned. |
4 | (2) Voluntary abandonment, as evidenced by a written |
5 | statement from the lessee or resident stating that the lessee or |
6 | resident has physically or permanently vacated the home, does |
7 | not intend to return to it and has given up all further rights |
8 | or ownership interest. |
9 | (b) The determination of abandonment shall be based on a |
10 | preponderance of the evidence of the lessee's absence from the |
11 | home for at least 30 days and nonpayment of rent for at least 30 |
12 | days from the date it is due, together with one or more of the |
13 | following: |
14 | (1) Termination of electric or water service to the home and |
15 | other utility or payment of services to the community owner. |
16 | (2) Cancellation of insurance for the home. |
17 | (3) Removal of most or all personal property from the home. |
18 | (4) Any other indicia of abandonment. |
19 | (c) Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to |
20 | jurisdiction and venue), a magisterial district court shall have |
21 | jurisdiction to determine if a manufactured home has been |
22 | abandoned and shall make a determination as to whether a |
23 | manufactured home has been abandoned if the issue is presented. |
24 | (d) A determination by the court that a manufactured home |
25 | has been abandoned shall give the community owner the same |
26 | rights as an entity which has been granted a judgment for |
27 | possession. |
28 | Section 10.2. Abandoned Manufactured Homes.--(a) If a |
29 | resident abandons a manufactured home, the manufactured home |
30 | community owner or other authorized person may: |
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1 | (1) (i) enter the manufactured home and secure any |
2 | appliances, furnishings, materials, supplies or other personal |
3 | property in the manufactured home; |
4 | (ii) disconnect the manufactured home from any |
5 | utilities; and |
6 | (iii) otherwise exercise ordinary care in relation to the |
7 | manufactured home and personal property, including promptly |
8 | disposing of perishable food and contacting an animal control |
9 | agency or humane society to remove any abandoned pets. |
10 | (2) (i) Move the manufactured home, any personal property |
11 | inside the manufactured home and personal property located |
12 | within the manufactured home community that is believed to |
13 | belong to the resident to a storage area within the manufactured |
14 | home community or to another location deemed necessary and |
15 | proper without the requirement of obtaining a removal permit for |
16 | the manufactured home from the local taxing authority which |
17 | would otherwise be required under 53 Pa.C.S. § 8821(d) (relating |
18 | to assessment of mobile homes and house trailers). Prior to |
19 | moving the manufactured home and personal property, the |
20 | community owner shall notify the former manufactured home |
21 | resident by mail and by posting on the manufactured home and at |
22 | any other known address or by any other means by which notice |
23 | may be achieved. The notice shall state that the manufactured |
24 | home and personal property, if applicable, will be moved 60 days |
25 | after the date of notice and shall inform the former resident of |
26 | the new location of the manufactured home and personal property. |
27 | (ii) The manufactured home shall continue to be subject to |
28 | the lien for taxes assessed against it, but the real estate on |
29 | which the manufactured home was and is located shall not be |
30 | encumbered by or subject to the lien. |
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1 | (3) Assess removal charges and storage charges against the |
2 | former manufactured home residents. |
3 | (4) Dispose of the personal property or manufactured home, |
4 | or both, in accordance with the procedures set forth in |
5 | subsection (c). If the personal property or manufactured home is |
6 | sold, the proceeds from the sale shall be distributed in the |
7 | following order: |
8 | (i) to pay the costs of moving, storing and selling the |
9 | personal property or manufactured home; |
10 | (ii) to pay all back rent due and all other amounts due to |
11 | the community owner; |
12 | (iii) to pay all outstanding taxes on the manufactured home; |
13 | and |
14 | (iv) to pay all outstanding liens on the manufactured home. |
15 | Any amount still remaining from the sale after payment of the |
16 | items in subparagraphs (i), (ii), (iii) and (iv) shall be paid |
17 | to the resident. If the resident's whereabouts are unknown, any |
18 | amount due and payable to the resident shall be paid to the |
19 | Commonwealth as required by Article XIII.1 of the act of April |
20 | 9, 1929 (P.L.343, No.176), known as "The Fiscal Code." |
21 | (a.1) Notwithstanding any other provision of law to the |
22 | contrary, upon proper disposal of the personal property and the |
23 | manufactured home, neither the purchaser nor the manufactured |
24 | home community owner, nor any person acting for or on behalf of |
25 | the purchaser or the manufactured home community owner, shall be |
26 | liable for any outstanding taxes or liens on the home. |
27 | (b) The manufactured home community owner or other |
28 | authorized person acting in good faith to comply with the |
29 | requirements of this section are not responsible for any loss or |
30 | damage to a home, personal property inside the manufactured home |
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1 | or within the community, or for any fees, assessments or other |
2 | charges of any kind relating to the abandoned manufactured home |
3 | unless the community owner failed to provide the notice required |
4 | under this section or failed to exercise due care of the home or |
5 | personal property. |
6 | (c) (1) The manufactured home community owner or other |
7 | authorized person may dispose of the manufactured home and |
8 | personal property after first giving written notice to the |
9 | resident and any lienholder. The notice shall be sent by |
10 | certified mail, return-receipt requested, or by receipted first- |
11 | class mail, to the resident's last known address, which may be |
12 | the address of the premises, and at any alternate address or |
13 | addresses if known to the owner or other authorized person, |
14 | including the address of emergency contacts if provided. The |
15 | notice shall also be posted in a conspicuous location in the |
16 | manufactured home community. |
17 | (2) The notice of removal required by subsection (a)(2)(i) |
18 | and the notice of disposal required by this subsection may be |
19 | combined in one notice. |
20 | (d) The notice required under this section shall state the |
21 | following: |
22 | (1) The manufactured home and contents are considered |
23 | abandoned and to avoid the sale or other disposal of the |
24 | manufactured home, the manufactured home and contents must be |
25 | claimed and removed from the premises in the manufactured home |
26 | community or from the storage area or from the place of storage |
27 | within 60 days after the date of mailing of the notice. |
28 | (2) If the manufactured home and contents are not claimed |
29 | and removed within the time set forth in the notice: |
30 | (i) the owner or other authorized person may sell the |
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1 | manufactured home at public or private sale with or without |
2 | additional notices; or |
3 | (ii) if it is reasonably determined by the owner or other |
4 | authorized person that the value of the property is so low that |
5 | the cost of storage and conducting a sale would exceed the |
6 | amount that would be realized from the sale of the manufactured |
7 | home, the manufactured home may be destroyed or discarded. |
8 | (3) (i) Within the time provided in the notice, the |
9 | resident may claim the manufactured home by notifying the |
10 | manufactured home community owner or other authorized person in |
11 | writing that the manufactured home will be claimed and removed |
12 | within the time provided in the notice or such later time as is |
13 | mutually agreed to by the owner or other authorized person and |
14 | the resident. |
15 | (ii) If the resident fails to claim and remove the |
16 | manufactured home within the time specified in the notice or |
17 | such later time, the manufactured home shall be conclusively |
18 | deemed abandoned and the community owner or other authorized |
19 | person shall be entitled to proceed to sell or otherwise dispose |
20 | of the manufactured home. |
21 | (e) When a manufactured home community owner or other |
22 | authorized person disposes of the manufactured home, notice of |
23 | disposal shall be sent to the Department of Transportation, |
24 | addressed to the Bureau of Motor Vehicles, Vehicle Registration |
25 | Division, or such other office or bureau as is designated by the |
26 | department. |
27 | (f) (1) When a manufactured home is sold under this |
28 | section, the Department of Transportation shall, upon proof of |
29 | sale and purchase and regardless of anything to the contrary in |
30 | 75 Pa.C.S. (relating to vehicles), issue a certificate of title |
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1 | to the purchaser evidencing no encumbrances. |
2 | (2) If the manufactured home is not sold, but is destroyed |
3 | or discarded because the value of the manufactured home was |
4 | determined to be so low that the storage and sale would exceed |
5 | the amount to be realized in the sale, the department shall, |
6 | upon receiving notarized documentation that the manufactured |
7 | home was destroyed or discarded, make an appropriate notation on |
8 | its recordkeeping system that the manufactured home has been |
9 | destroyed or discarded and that no certificate of title should |
10 | again be issued for the manufactured home. |
11 | (3) The Department of Transportation may create and use a |
12 | special form for this process, but may not impose any other |
13 | requirements for compliance with this provision to be fulfilled. |
14 | (g) (1) When a manufactured home is moved to a storage area |
15 | or another location or is disposed of as provided for by this |
16 | section, and the space on which that manufactured home |
17 | previously was located is vacant, the manufactured home |
18 | community owner or other authorized person may lease that space |
19 | to a new resident or otherwise locate another manufactured home |
20 | on that space. |
21 | (2) The municipality or taxing district in which the |
22 | manufactured home community is located shall not prevent the |
23 | occupancy of that space by another manufactured home nor shall |
24 | it attach any conditions to the occupancy that are not |
25 | applicable to a new resident locating in a space made vacant by |
26 | circumstances other than abandonment. |
27 | (h) (1) If a manufactured home is moved to a storage area |
28 | or another location or is disposed of as provided for in this |
29 | section, the real estate on which the manufactured home was or |
30 | is located, the manufactured home community or the purchaser of |
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1 | the manufactured home shall not be liable for any taxes, fees, |
2 | assessments or other charges imposed by the municipality or |
3 | taxing district on the manufactured home. |
4 | (2) Liability for any taxes assessed and imposed on the |
5 | resident or liability to satisfy any lien for such taxes shall |
6 | continue to be the responsibility of the resident, and shall not |
7 | be assessed and imposed on the real estate on which the |
8 | manufactured home was or is located, the manufactured home |
9 | community or the purchaser of the manufactured home, all of |
10 | which is as provided for in the act of May 22, 1933 (P.L.853, |
11 | No.155, known as "The General County Assessment Law," or in 53 |
12 | Pa.C.S. Ch. 88 (relating to consolidated county assessment). |
13 | (3) No government entity shall refuse to issue or delay |
14 | issuing any permits, licenses or other required authorities to |
15 | the manufactured home community, community owner, purchaser or |
16 | any new tenant or resident attempting to locate or lease a |
17 | manufactured home on the property where the abandoned home was |
18 | located solely because of tax liability on the abandoned home. |
19 | Section 10.3. Immunity from Liability.--A manufactured home |
20 | community owner who complies with the procedures set forth in |
21 | this act shall be immune from liability with regard to or as a |
22 | consequence of the sale, disposal or destruction of an abandoned |
23 | manufactured home and any contents in such manufactured home or |
24 | otherwise in the community or associated with the home except as |
25 | otherwise specifically set forth in this act. |
26 | Section 11.1. Sale or Lease of Manufactured Home |
27 | Communities.--(a) In the event of the sale or lease of a |
28 | manufactured home community, a manufactured home community owner |
29 | shall provide written notice to the residents and tenants of the |
30 | community and to the Pennsylvania Housing Finance Agency. The |
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1 | notice shall be sent within 30 days after any agreement of sale |
2 | is signed. The notice shall be posted in the same conspicuous |
3 | and readily accessible place in the manufactured home community |
4 | where the community rules and regulations are posted, pursuant |
5 | to section 4. |
6 | (b) Within 30 days of transfer of title to the community the |
7 | new owner shall notify the residents and tenants of the name of |
8 | the new owner and contact information for either the new owner |
9 | or new operator of the community. The notice shall be mailed to |
10 | each resident and tenant and shall be posted immediately in the |
11 | same conspicuous and readily accessible place in the |
12 | manufactured home community where the community rules and |
13 | regulations are posted, pursuant to section 4. |
14 | Section 11.2. Closure of Manufactured Home Communities.--(a) |
15 | In the event of the closure of a manufactured home community, in |
16 | whole or part, the manufactured home community owner shall: |
17 | (1) Provide written notice to the residents and tenants of |
18 | the community, to the resident association if one exists, to the |
19 | Pennsylvania Housing Finance Agency and to the municipality |
20 | where the manufactured home community is located within 60 days |
21 | of deciding to close the community. The notice shall include the |
22 | estimated date residents and tenants will be expected to vacate |
23 | the community, which shall be no less than 180 days from the |
24 | date of the notice, and the estimated date the community will be |
25 | closed. |
26 | (2) Notify any prospective resident in writing, prior to |
27 | leasing a manufactured home space, and any known prospective |
28 | tenant, prior to leasing a manufactured home in a manufactured |
29 | home community, of the scheduled closing date. |
30 | (b) A manufactured home community owner shall consider any |
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1 | offer to purchase the community made by a resident association |
2 | representing at least 25% of the manufactured home spaces or by |
3 | a nonprofit corporation, including a community development |
4 | corporation, housing authority or redevelopment authority acting |
5 | at the request of the residents of at least 25% of the spaces |
6 | and shall negotiate in good faith with the entity submitting the |
7 | offer. |
8 | (c) A manufactured home community owner shall pay relocation |
9 | expenses to the owner of any manufactured home in a manufactured |
10 | home community that is closing in an amount equivalent to the |
11 | cost of relocation, not to exceed the amount of $4,000 for a |
12 | single section manufactured home and $6,000 for a multisection |
13 | manufactured home. The amounts stated in this subsection shall |
14 | be adjusted annually by the Department of Community and Economic |
15 | Development to reflect any increase in the Consumer Price Index. |
16 | (d) A manufactured home community owner shall pay a minimum |
17 | of $2,500 or the appraised value, whichever is greater, of any |
18 | manufactured home to the resident of the manufactured home upon |
19 | the closure of the community if the resident is unable or |
20 | unwilling to find a reasonably suitable replacement site. The |
21 | appraised value must be provided by a certified residential real |
22 | estate appraiser with substantial experience in appraising |
23 | manufactured homes who is mutually agreed to by the owner and |
24 | the resident. If the parties cannot agree on an appraiser, each |
25 | shall select an appraiser, and the two appraisers shall select |
26 | the appraiser to perform the appraisal. The community owner and |
27 | the resident shall each pay half of the cost for the appraisal. |
28 | Notwithstanding the provisions of this subsection, the resident |
29 | and the community owner may mutually agree upon a price for the |
30 | sale of the manufactured home. |
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1 | (e) In the event a manufactured home community is closed |
2 | because of a condemnation, action in eminent domain or other |
3 | governmental action, the manufactured home residents shall not |
4 | be entitled to payments set forth in subsections (c) and (d), |
5 | but shall be entitled to the rights and remedies available under |
6 | laws relating to condemnation, eminent domain or other |
7 | governmental action. |
8 | (f) A tenant who rents a manufactured home in a manufactured |
9 | home community shall have the right to terminate the lease |
10 | without penalty upon receiving notice of the planned closing of |
11 | the community. |
12 | (g) A manufactured home resident shall not be required to |
13 | remove the manufactured home from the land when a manufactured |
14 | home community closes, nor shall the resident be liable for the |
15 | costs of removing or disposing of the manufactured home. The |
16 | manufactured home community owner may require a resident who is |
17 | leaving a manufactured home in the community to assign the title |
18 | to the community owner. In the event the resident refuses to |
19 | make such assignment, the community owner may proceed under |
20 | section 10.1. |
21 | Section 11.3. Notice Requirements in Event of Closure of |
22 | Manufactured Home Community.--(a) The notice sent given to the | <-- |
23 | Pennsylvania Housing Finance Agency under section 11.2 shall be |
24 | sent by certified mail and shall be addressed to the agency's | <-- |
25 | legal department of the Pennsylvania Housing Finance Agency. | <-- |
26 | (b) (1) Within 60 days of the effective date of this | <-- |
27 | section, the Pennsylvania Housing Finance Agency shall publish a |
28 | notice in both the Pennsylvania Bulletin and on its publicly | <-- |
29 | accessible Internet website that it is compiling a list of |
30 | parties interested in receiving copies of any notice received by |
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1 | it under sections 11.1 and 11.2 and inviting the parties to |
2 | provide their contact information to receive notices of |
3 | community sales or closures. Interested parties may indicate |
4 | their region of the State or that they operate Statewide. The | <-- |
5 | agency shall send copies of notices it |
6 | (2) The Pennsylvania Housing Finance Agency shall send | <-- |
7 | copies of notices it receives under this section to parties on |
8 | the list that are Statewide or within the region the parties |
9 | identify. Notices shall be sent by regular mail or by electronic |
10 | mail within ten calendar days of the legal department's receipt |
11 | of a notice. |
12 | (3) Nothing in this subsection shall be construed to create | <-- |
13 | any liability for the Pennsylvania Housing Finance Agency or |
14 | otherwise to affect the transfer of any real property in the |
15 | event there is a failure to provide notice in accordance with |
16 | this act. |
17 | (c) A notice given pursuant to section 11.2(a)(1) shall be: |
18 | (1) Delivered to an adult resident of each manufactured home |
19 | space within the manufactured home community or mailed by first |
20 | class mail to the resident or tenant of each space. |
21 | (2) Posted in the same conspicuous and readily accessible |
22 | place in the manufactured home community where the community |
23 | rules and regulations are posted, pursuant to section 4. |
24 | (d) A notice given pursuant to section 11.2(a)(2) shall be |
25 | given personally to the prospective resident or known |
26 | prospective tenant. |
27 | Section 16.1. Remedies.--(a) A violation of this act may be |
28 | enforced as provided by sections 13, 14, 15 and 16 and shall |
29 | also constitute an "unfair or deceptive act or practice" within |
30 | the meaning of section 2(4) of the act of December 17, 1968 |
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1 | (P.L.1224, No.387), known as the "Unfair Trade Practices and |
2 | Consumer Protection Law," and shall be a violation of and shall |
3 | be subject to the enforcement provisions and private rights of |
4 | action contained in that act. |
5 | (b) Residents shall have the right to seek injunctive relief |
6 | to enforce compliance with this section and sections 11.1 and |
7 | 11.2. |
8 | Section 3. Repeals are as follows: |
9 | (1) The General Assembly declares that the repeal under |
10 | paragraph (2) is necessary to effectuate this act. |
11 | (2) The definition of "abandoned mobile home" in section |
12 | 102 and section 505 of the act of April 6, 1951 (P.L.69, |
13 | No.20), known as The Landlord and Tenant Act of 1951, are |
14 | repealed. |
15 | Section 4. This act shall take effect in 60 days. |
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