Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Housing, Community Development & Veterans Committee

HB 1207

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 manufactured housing communities.

Sponsors: Representatives Ryu, Jenkin, Dolan and Pollet.

Brief Summary of Bill

  • Authorizes a landlord or tenant to site any size new or used manufactured/mobile home or park model on a mobile home lot in accordance with the lot sizes, separation and setback distances, and other requirements in effect at the time the manufactured/mobile home park was approved.

Hearing Date: 2/1/19

Staff: Cassie Jones (786-7303).

Background:

In general, cities and counties may adopt land use regulations that establish rules for the siting of manufactured/mobile homes within manufactured/mobile home parks pursuant to the police powers granted to cities and counties by the Washington Constitution. However, the Constitution requires that a city or county's exercise of its police power may not conflict with state law.

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 lot within a mobile home park or manufactured housing community where the tenant has no ownership interest in the property or in the association which owns the property. For the MHLTA to apply, the tenant must own or be buying the type of home the MHLTA covers, and be using it as his or her primary home, and the tenant must live in a mobile home park or manufactured housing community.

For purposes of the MHLTA:

Summary of Bill:

A provision is added to the MHLTA that authorizes a landlord or a tenant to site any size new or used manufactured/mobile home or park model and appurtenances on a mobile home lot in accordance with the lot sizes, separation and setback distances, and other requirements in effect at the time of the approval of the manufactured/mobile home park, except as expressly preempted by the requirements of any state agency relating to the siting of manufactured homes.

If lot sizes, separation and setback distances, or other requirements were nonexistent at the time the manufactured/mobile home park was established, authorities with jurisdiction may impose reasonable requirements to meet health and safety standards. Authorities must act in good faith to avoid the elimination of a viable lot for the siting of a home.

Appropriation: None.

Fiscal Note: Requested on January 21, 2019.

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