February 23, 1998

BILL ANALYSIS

TO: Members, Committee on Trade and Economic Development

FROM: Kenny Pittman, Research Analyst (786-7392)

RE: SB 5164 - Removing certain tenants and occupants from a mobile home park.

BACKGROUND:

The Mobile Home Landlord-Tenant Act regulates the relationship between the owner of the mobile home park and the tenants of the park. Mobile home park tenants may require the assistance of a live-in care giver. The occupancy rights of care givers are unclear.

The Mobile Home Landlord-Tenant Act also regulates the process regarding evictions of tenants by mobile home park owners. The mobile home park owners may only evict tenants for one of 13 specific reasons listed in state law (AJust Cause@ eviction). One of the reasons listed is Aengaging in criminal activity,@ which is defined as Aa criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants.@ The landlord is not required to produce evidence of a criminal conviction. Notice of criminal activity on part of the tenant by a law enforcement agency is sufficient grounds for eviction.

SUMMARY:

The Mobile Home Landlord-Tenant Act is revised to include the definition of the term Aoccupant.@ An occupant is defined as any person, including a live-in care provider, other than a tenant, who occupies a mobile home and mobile home lot.

The definition of criminal activity, as a basis for eviction, is expanded to include the requirement that the tenant or occupant is required to register as a sex offender with local law enforcement authorities. Required registration as a sex offender is grounds for eviction from the mobile home park.