H-0546.2

HOUSE BILL 1206

State of Washington
66th Legislature
2019 Regular Session
ByRepresentatives Ryu, Jenkin, Dolan, and Pollet
Read first time 01/16/19.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to park models, tiny homes, and manufactured homes; amending RCW 59.20.030; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. (1) The legislature finds it is important to have accurate definitions in the law to avoid unintended interpretations and consequences. The manufactured/mobile home landlord-tenant act is intended to apply only to manufactured/mobile home communities that have two or more manufactured/mobile homes on rented lots within the community. It is imperative that the common, accepted business model of a manufactured/mobile home community is not confused with any other business model that may have similarities, but does not contain the core concern of cost and difficulty of relocating a manufactured/mobile home that is at the heart of the manufactured/mobile home landlord-tenant act.
(2) Therefore, changes to RCW 59.20.030 are recommended.
Sec. 2. RCW 59.20.030 and 2008 c 116 s 2 are each amended to read as follows:
For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;
(2) "Eligible organization" includes local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations;
(3) "Housing authority" or "authority" means any of the public body corporate and politic created in RCW 35.82.030;
(4) "Landlord" means the owner of a mobile home park and includes the agents of a landlord;
(5) "Local government" means a town government, city government, code city government, or county government in the state of Washington;
(6) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is ((three))four hundred ((twenty)) square feet or greater;
(7) "Manufactured/mobile home" means either a manufactured home or a mobile home;
(8) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act;
(9) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;
(10) "Mobile home park," "manufactured housing community," or "manufactured/mobile home community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes((,))or manufactured homes((, or park models)) for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;
(11) "Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes((,))or manufactured homes((, or park models)) in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;
(12) "Mobile home park subdivision" or "manufactured housing subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes((,))or manufactured homes((, or park models)) in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;
(13) "Notice of sale" means a notice required under RCW 59.20.300 to be delivered to all tenants of a manufactured/mobile home community and other specified parties within fourteen days after the date on which any advertisement, multiple listing, or public notice advertises that a manufactured/mobile home community is for sale;
(14) "Park model" means a recreational vehicle ((intended for permanent or semi-permanent installation and is used as a primary residence))trailer built on a single chassis with a minimum of thirty-five feet long and no more than forty feet long, mounted on wheels and having a gross trailer area maximum of three hundred twenty square feet during transport and not exceeding four hundred square feet in set up mode, and certified by the manufacturer as complying with ANSI A119.5;
(15) "Qualified sale of manufactured/mobile home community" means the sale, as defined in RCW 82.45.010, of land and improvements comprising a manufactured/mobile home community that is transferred in a single purchase to a qualified tenant organization or to an eligible organization for the purpose of preserving the property as a manufactured/mobile home community;
(16) "Qualified tenant organization" means a formal organization of tenants within a manufactured/mobile home community, with the only requirement for membership consisting of being a tenant;
(17) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is certified by the manufacturer as complying with ANSI 119.2, four hundred square feet or less, built on a single chassis, primarily designed ((and used))not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use, is either self-propelled or mounted on or drawn by another vehicle, is transient, ((is not occupied as a primary residence,)) and is not immobilized or permanently affixed to a mobile home lot;
(18) "Tenant" means any person, except a transient, who rents a mobile home lot;
(19) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence;
(20) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home, manufactured home, or park model and mobile home lot;
(21) "Tiny home" means a dwelling designed for permanent occupancy that is four hundred square feet or less in floor area excluding lofts. Tiny homes do not include recreational vehicles, park models, or manufactured homes.
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