February 5, 1998
BILL ANALYSIS
TO: Members, Committee on Trade and Economic Development
FROM: Kenny Pittman, Research Analyst (786-7392)
RE: HB 2835 - Managing mobile home parks.
BACKGROUND:
Mobile home parks are defined as real property which is rented or held out for rent to others for the placement of two or more mobile homes. Currently, mobile home parks are not required to be registered and there is no legal standard for training of mobile home park managers.
SUMMARY:
Mobile Home Park Registration.
A mobile home parks may not operate without being registered with the Department of Community, Trade, and Economic Development (DCTED). The DCTED may institute enforcement proceedings against a mobile home park owner for failure to register their park that include (1) requiring the park owner to stop the unlawful practice and register the park; (2) bringing an action for relief against the park owner in Superior Court; or (3) imposing a civil penalty against the park owner. Failure to pay a civil penalty may result in the DCTED issuing an order requiring the mobile home park owner to stop operation of the mobile home park until the civil penalty is paid.
Mobile Home Park Manager Certification.
After January 1, 1999, all mobile home park managers are required to obtain a certificate of registration, which can be obtain after training. The Department of Community, Trade, and Economic Development (DCTED) is responsible for mobile home park manager training and certification. A person must pass an examination following the training period. Registrations must be renewed on an annual basis. An application for renewal must include evidence of continuing education as required by the DCTED.
An advisory council on mobile home park manager training and certification is created. Two members are residents of mobile home parks, two are owners or operators of mobile home parks, and three members are people who do not reside in mobile home parks. The DCTED, in consultation with the advisory council, administers and enforces the training and certification program.
The DCTED must charge fees to cover the cost of the program for the issuance and renewal of certificates of registration. The DCTED may enforce and ensure compliance with the law including the ability to suspend or revoke a certificate of registration.
The DCTED may impose a civil penalty against a mobile home park manager for a violation of the act up to $1,000 per violation. Residents or tenants living in a mobile home park are given a private right of action against a mobile home park manager to enforce their rights under the act.
Appropriation: None.
Fiscal Note: Requested January 28, 1998.
Effective Date: The bill takes effect July 1, 1998.