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Legislative Year: 2020 Change
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Bill Detail: HB20-1196

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Title Mobile Home Park Act Updates
Status Introduced In Senate - Assigned to Judiciary (03/10/2020)
Bill Subjects
  • Housing
House Sponsors E. Hooton (D)
J. McCluskie (D)
Senate Sponsors P. Lee (D)
S. Fenberg (D)
House Committee Transportation and Local Government
Senate Committee Judiciary
Date Introduced 01/30/2020
Description

Section 1 of the bill defines new terms for the purposes of the
Mobile Home Park Act (Act) and the Mobile Home Park Act Dispute
Resolution and Enforcement Program (program). Section 1 also
relocates, with amendments, the definition of entry fee to the Act's
definitions section.
Section 2 clarifies provisions relating to notices that the

management of a mobile home park (management) is required to provide
to home owners of the mobile home park (home owners) when the
management intends to terminate a home owner's tenancy in the mobile
home park (park).
Section 3 restates, with amendments, the permissible reasons for
which the management may terminate a home owner's tenancy and the
notice requirements associated with a termination.
Section 4 states that a notice to quit tenancy and a notice of
nonpayment of rent must include language notifying a home owner of the
home owner's right to file a complaint through the program.
Section 5 replaces a gender-specific pronoun with gender-neutral
language and relocates, with amendments, certain existing language
concerning the administration of security deposits by landlords.
Section 6 repeals the definition of entry fee from its current
location in statute.
Sections 7, 8, and 9 replace gender-specific pronouns with
gender-neutral language.
Section 10 clarifies management's duties concerning maintenance
and repair of a park; creates new duties relating to the maintenance and
repair of water lines, sewage, and other utilities; and replaces a
gender-specific pronoun with gender-neutral language.
Section 11 requires management to annually provide certain
information concerning water usage and billing to home owners and to
post the information in a clearly visible location in at least one common
area of the park. The management must provide each home owner a
monthly water bill showing the amount owed by the home owner, the
total amount owed by all the home owners in the park, the methodologies
used to determine the amount billed to each home owner, and, if the
management purchases the water from a provider, the total amount paid
by the management to the provider.
Section 11 also prohibits management from taking retaliatory
action against a home owner who exercises any right conferred upon the
home owner by law. The bill states that certain actions by management
are presumed to be retaliatory and that management may rebut a
presumption of retaliation with sufficient evidence of a nonretaliatory
purpose.
Section 12 relocates existing language prohibiting a rental
agreement from including certain provisions and adds new prohibited
provisions.
Section 13 adds provisions and relocates, with amendments,
existing provisions concerning the amending of park rules and
regulations. The bill states that management may add or amend rules and
regulations only after acquiring the consent of each home owner or after
providing written notice of the amendment to each home owner at least
60 days before the amendment becomes effective. A home owner may file
a complaint challenging a rule, regulation, or amendment pursuant to the
program within 60 days after receiving the notice. If a home owner files
a complaint, management shall not enforce the rule, regulation, or
amendment unless the dispute resolution process concludes with a written
determination that the rule, regulation, or amendment may be enforced.
Section 14 requires management to respect the privacy of home
owners. The management has a right of entry to the land upon which a
mobile home is situated for the maintenance of utilities and to ensure
compliance with applicable codes, statutes, ordinances, administrative
rules, rental agreements, and the rules of the community. A landlord shall
not make entry in a manner that interferes with a home owner's peaceful
enjoyment of the land except in the case of an emergency. The
management shall make a reasonable effort to notify a home owner of
management's intention to make entry at least 48 hours before making
entry.
Sections 15 to 21 make conforming amendments.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (02/14/2020) (most recent)  
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