States Enact Laws in 2003 Impacting Communities
Several significant laws affecting manufactured home communities were enacted in 2003, despite a number of competing issues facing virtually every state. The following is a summary of a few of the bills signed into law in 2003, as well as a link to the enrolled or chaptered version of the bill.
Senate Bill 407 created the Affordable Housing Accessibility Act. It requires municipalities that have zoning ordinances to allow the placement of manufactured homes on individually owned lots in at least one or more residential districts. Municipalities cannot restrict the placement of manufactured homes only to land-lease communities. They may establish reasonable aesthetic requirements applied equally to all types of housing.
Assembly Bill 682 relates to existing law which requires a homeowner whose tenancy is terminated or not renewed to remove the mobilehome within 60 days of receipt of notice of eviction. Permits the homeowner to sell the mobilehome within these 60 days. Makes conforming changes to related provisions. Makes statements of legislative intent regarding terminated tenancies and existing rights and remedies of park management.
Assembly Bill 767 adds lewd and lascivious acts with children, arson, assault with a firearm, and battery to the types of crimes or convictions that can result in the termination of a mobilehome park tenancy.
Assembly Bill 805 relates to termination of mobilehome park rental tenancies. Requires that a homeowner receive information with a 3-day written notice, regarding the implications of failing to pay rent, utility charges, or reasonable incidental expenses when due on 3 or more occasions in a 12-month period.
Assembly Bill 1173. Existing law permits local governments to establish rent control, which may apply to a mobilehome park lease that meets specified criteria. Existing law exempts a mobilehome space from rent control when that space is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party. This bill revises the presumption that a mobilehome is a principal residence, as described above, by further exempting from rent control the mobilehome of a homeowner whose principal residence is out of state, if reasonably demonstrated by a review of public records.
Senate Bill 54 relates to a dispute between a mobilehome owner and a mobilehome park operator concerning compliance. Makes a legislative finding and declaration that it is necessary that the Department of Housing and Community Development should notify a complainant regarding a violation of the act as to when the complaint will be investigated and to advise the complainant of the findings of the inspector. Requires notification prior to altering park lot lines.
House Bill 2(see also House Bill 284) is entitled, “Manufactured Home Owners and Community Owners Act.” Rental agreements for lots in a manufactured home community must be automatically renewed for the same term and with the same provisions, with the exception of rent, which may be increased only once every 12 months. If a community owner intends to change the land use of the community to any use other than as a manufactured home condominium or cooperative community, the community owner must notify the home owners at least one year in advance and distribute a relocation plan designed to assist home owners in their relocation.
House Bill 1431 allows homes on leased land to be converted to real property under certain conditions.
Senate Bill 134 allows homes on leased land to be converted to real property under certain conditions.
Senate Bill 359 relates to landlords, tenants, and actions for forcible entry or detention. Once evicted, a tenant may leave a mobile or manufactured home and its contents in a community for up to sixty days, provided the community owner consents, written notice is filed with court, and the utilities have been disconnected. During the sixty time, the tenant has a right to access the homesite to sell the home to prospective purchasers, remove personal property or the home. The community owner also has a right to show the home. If within sixty-days the tenant has not sold the home, a community owner may sell or dispose of the home.
Senate Bill 425 allows homes on leased land to be converted to real property under certain conditions.
Assembly Bill 262 allows homes on leased land to be converted to real property under certain conditions.
House Bill 1006 allows homes on leased land to be converted to real property under certain conditions.
House Bill 1201 promotes water conservation by expanding the definition of contiguous premises to include manufactured homes and manufactured home parks.
Senate Bill 5 includes manufactured housing communities in the Sex Offender’s Registration Requirements, clarifies that habitual sex offenders or habitual child-victim offenders in another jurisdiction are habitual sex offenders or habitual child-victim offenders under Ohio law, clarifies the law’s community notification provisions as applied to multi-unit buildings, prohibits an offender who is subject to the law from establishing a residence within 1,000 feet of any school premises, permits landlords to evict such an offender from residential premises located within 1,000 feet of school premises.
Senate Bill 328 allows homes on leased land to be converted to real property under certain conditions.
House Bill 3909 allows homes on leased land to be converted to real property under certain conditions.
House Bill 142 allows homes on leased land to be converted to real property under certain conditions.
House Bill 1086 states that if the landlord of a mobile home park takes ownership of a mobile home or park model trailer with the intent to resell or rent the same either after the mobile home or park model trailer has been abandoned or as a final judgment for restitution of the premises under regard to the mobile home or park model trailer, the outstanding taxes become the responsibility of the landlord.