SENATE BILL REPORT

                   SB 5164

              As Passed Senate, January 28, 1998

Title:  An act relating to mobile home park tenants and occupants.

Brief Description:  Removing certain tenants and occupants from a mobile home park.

Sponsors:  Senators Haugen, Long, Goings, Patterson, Franklin and Bauer.

Brief History:

Committee Activity:  Financial Institutions, Insurance & Housing:  1/28/97, 2/13/97 [DP, DNP].

Passed Senate, 3/17/97, 44-4.

  Passed Senate, 1/28/98, 43-5.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, INSURANCE & HOUSING

Majority Report:  Do pass.

  Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner and Prentice.

Minority Report:  Do not pass.

  Signed by Senators Heavey and Kline.

Staff:  Dave Cheal (786-7576)

Background:  Mobile home park landlords may only evict tenants for the reasons listed in the Mobile Home Landlord-Tenant Act.  One of the reasons listed is Aengaging in criminal activity,@ which is defined as Aa criminal act defined by statute that threatens the health, safety, or welfare of the tenants.@  Conviction of a crime is not required.  Notice from a law enforcement agency of criminal activity on the part of a tenant is grounds for eviction.

Mobile home park tenants sometimes require the assistance of a live-in care giver.  The occupancy rights of care givers are unclear.

Summary of Bill:  The term Aoccupant@ is added to the definitions section of the Mobile Home Landlord-Tenant Act.  It 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 eviction provisions of the Mobile Home Landlord-Tenant Act are amended to include Aoccupants.@

The definition of criminal activity, as a basis for eviction, is expanded to include the requirement that the tenant or occupant register as a sex offender with local law enforcement authorities.  The requirement of registration then becomes a ground for eviction.

Appropriation:  None.

Fiscal Note:  None requested.

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

Testimony For:  Mobile home park owners can only evict tenants from the park for reasons listed in the Mobile Home Landlord-Tenant Act.  Tenants often have a friend or relative move in with them to provide care and assistance.  It needs to be made clear that these Aoccupants,@ that are not Atenants,@ can be evicted on the same grounds as tenants.  ACriminal activity,@ one of the grounds for eviction should expressly include having to register as a sexual offender.

Testimony Against:  None.

Testified:  Ray Munson, Fred Miller,  MHOA; Theresa Bosler, Martin Faveluke, John Woodring, MHCW (pro).

House Amendment(s):  An amendatory section is added that removes outdated references to eviction without cause.