HOUSE BILL REPORT

                  HB 1028

             As Reported By House Committee On:

            Trade, Economic Development & Housing

Title:  An act relating to live-in care for tenants in mobile home parks.

Brief Description:  Allowing live‑in care at mobile home parks.

Sponsors:  Representatives H. Myers, Vance, Jones, Orr, Flemming, Springer, Shin, Dunshee and Chappell.

Brief History:

  Reported by House Committee on:

Trade, Economic Development & Housing, February 11, 1993, DPS.

HOUSE COMMITTEE ON TRADE, ECONOMIC DEVELOPMENT & HOUSING

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 13 members:  Representatives Wineberry, Chair; Forner, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Campbell; Casada; Conway; Morris; Quall; Schoesler; Sheldon; Springer; Valle; and Wood.

Staff:  Charlie Gavigan (786-7340).

Background: The Mobile Home Landlord-Tenant Act addresses the unique characteristics of renting space for mobile homes in a mobile home park.   The tenant generally owns the mobile home and is renting the land from a park owner.   The Mobile Home Landlord-Tenant Act only applies to mobile homes in mobile home parks. This act lists general provisions, defines the duties of the landlord and the remedies available to the tenant, defines the duties of the tenant and the remedies of the landlord, and provides for mediation.

The landlord may establish reasonable rules for guests, and may charge a fee for guests that remain on the premises for more than 15 days in any 60 day period.

Summary of Substitute Bill:  A tenant may share his or her mobile home with a person over 18 years of age if that person is providing live-in home health or hospice care as required by the tenant's physician.  The live-in care provider is not considered a tenant or a guest of the park, although the live-in care provider must comply with the rules of the mobile home park, the rental agreement, and the Mobile Home Landlord-Tenant Act.  The landlord may not collect a guest fee for the live-in health care provider.

Substitute Bill Compared to Original Bill:  Clarification is made that the live-in care provider must comply with the rental agreement and the Mobile Home Landlord-Tenant Act.  Also, language regarding user-based fees is removed (does not limit the landlord's ability to collect user-based fees).

Fiscal Note:  Not requested.

Effective Date of Substitute Bill: Ninety days after adjournment of session in which bill is passed.

Testimony For:  The guest fee provisions in the Mobile Home Landlord-Tenant Act should not apply to live-in care providers caring for tenants, often elderly, when such care is required by a physician.

Testimony Against:  None

Witnesses:  Arnold Livingston, Senior Lobby and Mobile Home Owners Association (in favor); Morton Clark & John Woodring, Washington Mobile Park Owners Association (do not oppose).