ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1083

State of Washington
67th Legislature
2021 Regular Session
ByHouse Appropriations (originally sponsored by Representatives Gregerson, Peterson, Wylie, Bateman, Tharinger, Ramel, Ortiz-Self, Valdez, Kloba, Morgan, Chopp, Ormsby, Santos, Macri, Orwall, Bergquist, Pollet, and Harris-Talley)
READ FIRST TIME 02/15/21.
AN ACT Relating to relocation assistance for tenants of closed or converted manufactured/mobile home parks; amending RCW 59.21.005, 59.21.021, and 59.21.050; and repealing RCW 59.21.025.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 59.21.005 and 2019 c 390 s 1 are each amended to read as follows:
The legislature recognizes that it is quite costly for tenants who own homes in manufactured/mobile home parks to relocate when the park in which they reside is closed or converted to another use. Many such tenants need financial assistance in order to relocate from a manufactured/mobile home park. The purpose of this chapter is to provide a mechanism for assisting manufactured/mobile home tenants to relocate their manufactured/mobile homes to suitable alternative sites or demolish and dispose of their homes and secure alternative housing of their choice.
Sec. 2. RCW 59.21.021 and 2019 c 390 s 3 are each amended to read as follows:
(1) If a manufactured/mobile home park is, or is scheduled to be closed or converted to another use, eligible tenants shall be entitled to relocation assistance on a first-come, first-serve basis. The department shall give priority for distribution of relocation assistance to eligible tenants residing in parks that are closed as a result of park-owner fraud or as a result of health and safety concerns as determined by the local board of health. Payments shall be made upon the department's verification of eligibility, subject to the availability of remaining funds.
(2) Eligibility for relocation assistance funds is limited to low-income households in manufactured/mobile home parks that are, or are scheduled to be, closed or converted to another use.
(3)(((a))) Eligible tenants ((who relocate)) are entitled to financial assistance from the fund, up to a maximum of ((twelve thousand dollars))$17,000 for a multisection home and up to a maximum of ((seven thousand five hundred dollars))$11,000 for a single-section home. The department shall distribute relocation assistance for each eligible tenant as follows:
(((i) Up to forty percent of the total assistance may be disbursed))(a) $12,000 for a multisection home and $8,000 for a single-section home shall be disbursed in the form of cash assistance to help the tenant relocate the home or secure ((new))alternative housing; and
(((ii) The remainder of the total assistance shall be disbursed as reimbursement for costs associated with relocation.
(b) To receive financial assistance as provided in (a)(i) of this subsection, documentation must be provided to the department that demonstrates the tenant:
(i) Has relocated the home;
(ii) Has established a process to secure the relocation of the home by having assigned the right to reimbursement of the relocation costs and liability for such removal or demolition and disposal to another entity; or
(iii) Has contracted to incur expenses associated with relocating the home.
(c) If the tenant is requesting financial assistance under (b)(ii) or (iii) of this subsection, the tenant, or the assignee on the tenant's behalf, must submit as part of the application described in RCW 59.21.050(2):
(i) Proof of the assignation; and
(ii) Evidence that the assignee is capable of fulfilling the obligation itself or a contract or invoice for relocation of the home executed with a vendor by the tenant or the assignee))(b) The remainder of the total assistance shall be disbursed once the tenant has transferred the title to the park-owner, relocated the home, or demolished and disposed of the home. The tenant must either transfer title of the manufactured/mobile home to the park-owner, relocate, or demolish and dispose of the home within 90 days of receiving the assistance under (a) of this subsection to receive the remainder of the assistance.
(4) In the event that the tenant does not relocate or demolish and dispose of the home within 90 days of receiving assistance from the fund, the park-owner may seek reimbursement from the fund in the amount of $4,000 for a multisection home and $2,500 for a single-section home.
(a) To receive such reimbursement, the park-owner must provide documentation to the department demonstrating costs incurred for demolition and disposal of the home.
(b) The park-owner may seek reimbursement for additional costs incurred for demolition and disposal of the home up to an additional $4,500 for a multisection home and $3,000 for a single-section home from the portion of the relocation fund to which park-owners must contribute pursuant to RCW 59.30.050.
(5) Any individual or organization may apply to receive ((funds))relocation assistance from the fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section, with agreement from the tenant.
(((5)))(6) The legislature intends the cash assistance provided under subsection (3)(((a)(i))) of this section to be considered a one-time direct grant payment that shall be excluded from household income calculations for purposes of determining the eligibility of the recipient for benefits or assistance under any state program financed in whole or in part with state funds.
Sec. 3. RCW 59.21.050 and 2019 c 390 s 5 are each amended to read as follows:
(1)(a) The existence of the manufactured/mobile home park relocation fund in the custody of the state treasurer is affirmed.
(b) Expenditures from the fund may only be used as follows:
(i) Except as provided in subsection (3) of this section, all moneys received from the fee as specified in RCW 46.17.155 must be used only for relocation assistance awarded under this chapter.
(ii) All moneys received from the fee as specified in RCW 59.30.050 must be used only for the relocation coordination program created in RCW 59.21.120.
(c) Only the director or the director's designee may authorize expenditures from the fund. All relocation payments to tenants shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) A tenant is eligible for relocation assistance under this chapter only after an application is submitted by that tenant or an organization acting on the tenant's account under RCW 59.21.021(((4)))(5) on a form approved by the director. The application shall include: (a) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (b) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; (c) ((a statement of relocation expenses expected to be incurred; (d))) proof of ownership of the home at the time of notice of closure; ((and (e)))(d) a statement, on a form approved by the department, of ((any other available assistance received))whether the tenant will transfer title of the home to the park-owner or relocate the home within 90 days of receiving relocation assistance; and (e) other information as may be required by the department to process the application.
(3) The department may deduct a percentage amount of the fee collected under RCW 46.17.155 for administration expenses incurred by the department.
NEW SECTION.  Sec. 4. RCW 59.21.025 (Relocation assistanceSources other than fundReductions) and 2019 c 390 s 4, 1998 c 124 s 3, & 1995 c 122 s 6 are each repealed.
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