Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1206

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning park models, tiny homes, and manufactured homes.

Sponsors: Representatives Ryu, Jenkin, Dolan and Pollet.

Brief Summary of Bill

  • Redefines the term "park model" for purposes of the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), and removes references to "park models" from other definitions.

  • Adds a definition of "tiny home" to the MHLTA.

Hearing Date: 2/12/19

Staff: Cece Clynch (786-7195).

Background:

The Manufactured/Mobile Home Landlord-Tenant Act (MHLTA) governs the legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot within a mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property.

For purposes of the MHLTA:

In the 2018 case of Allen v. Dan & Bill's RV Park, the issue before Division II of the Court of Appeals was whether a park which rented space to people with different types of trailers and motorhomes was a manufactured/mobile home park for purposes of the MHLTA. The court determined that:

In so doing the court determined that the Office of Administrative Hearings had erred by improperly importing the phrases from the definition of "recreational vehicle" into the definition of "park model" to define "semi-permanent installation" to mean "immobilized" and "permanent installation" to mean "permanently affixed."

Summary of Bill:

Definitions in the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA) are amended to remove "park models" from the definition of "mobile home park," "mobile home park cooperative," and "mobile home park subdivision."

The term "park model" is redefined to mean a recreational vehicle trailer built on a single chassis that is a minimum of 35 feet long and no more than 40 feet long, mounted on wheels and having a gross trailer area maximum of 320 square feet during transport and not exceeding 400 square feet in set up mode, and certified by the manufacturer as complying with ANSI A119.5.

The definition of "manufactured home" is amended to provide that when installed on the site a manufactured home is 400 square feet (rather than 320 square feet) or more.

A new term is added to the MHLTA and defined.  "Tiny home" means a dwelling designed for permanent occupancy that is 400 square feet or less in floor area, excluding lofts.  Tiny homes do not include recreational vehicles, park models, or manufactured homes.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.