H-4514.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 2327

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By House Committee on Housing (originally sponsored by Representatives Winsley, Nelson, Mitchell, Ogden, Franklin, Brough, Paris and Miller)

 

Read first time 02/05/92.  Maintaining mobile home parks.


     AN ACT Relating to mobile home rental parks; adding a new section to chapter 59.20 RCW; creating a new section; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 59.20 RCW to read as follows:

     (1) The legislature finds that some mobile home park owners transfer the responsibility for the upkeep of permanent structures within the mobile home park to the park tenants.  This transfer sometimes occurs after the permanent structures have been allowed to deteriorate.  Many mobile home parks consist entirely of senior citizens who do not have the financial resources or physical capability to make the necessary repairs to these structures once they have fallen into disrepair.  The inability of the tenants to maintain permanent structures can lead to significant safety hazards to the tenants as well as to visitors to the mobile home park.  The legislature therefore finds and declares that it is in the public interest and necessary for the public health and safety to prohibit mobile home park owners from transferring the duty to maintain permanent structures in mobile home parks to the tenants.

     (2) A mobile home park owner is prohibited from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the tenants of the park.  Any provision within a rental agreement or other document transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the park tenants is void.

     (3) A "permanent structure" for purposes of this section includes the clubhouse, carports, storage sheds, or any other permanent structure.  A permanent structure does not include any structures built or affixed by a tenant.  A permanent structure includes only those structures that were provided as amenities to the park tenants.

     (4) Nothing in this section shall be construed to prohibit a park owner from requiring a tenant to maintain his or her mobile home or yard.  Nothing in this section shall be construed to prohibit a park owner from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to an organization of park tenants or to an individual park tenant when requested by the tenant organization or individual tenant.

 

     NEW SECTION.  Sec. 2.      This act applies to all rental agreements or other documents entered into after September 1, 1991.

 

     NEW SECTION.  Sec. 3.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.