AN
ACT Relating to mobile home relocation assistance; amending RCW 59.21.010,
59.21.021, 59.21.025, 59.21.040, 59.21.050, 43.63B.010, and 4363B.060; adding a
new section to chapter 43.63B RCW; and repealing RCW 59.21.015.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.21.010 and 1995 c 122 s 3 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Director" means the director of the department of community, trade,
and economic development.
(2)
"Department" means the department of community, trade, and economic
development.
(3)
"Fund" means the mobile home park relocation fund established under
RCW 59.21.050.
(4)
"Mobile home park" or "park" means real property that is
rented or held out for rent to others for the placement of two or more mobile
homes for the primary purpose of production of income, except where the real
property is rented or held out for rent for seasonal recreational purpose only
and is not intended for year-round occupancy.
(5)
"Landlord" or "park-owner" means the owner of the mobile
home park that is being closed at the time relocation assistance is provided.
(6)
"Relocate" means to remove the mobile home from the mobile home park
being closed.
(7) "Relocation assistance" means the monetary assistance
provided under ((RCW 59.21.020)) this chapter.
Sec.
2. RCW
59.21.021 and 1995 c 122 s 5 are each amended to read as follows:
(1)
If a mobile home park is closed or converted to another use after December 31,
1995, eligible tenants shall be entitled to assistance on a first-come,
first-serve basis. Payments shall be made upon the department's verification
of eligibility, subject to the availability of remaining funds ((remaining
after the distribution under RCW 59.21.015)).
(2)
Assistance for closures occurring after December 31, 1995, is limited to
persons who maintain ownership of and relocate their mobile home.
(3)
((Except under subsection (4) of this section, assistance shall be subject
to the levels set forth in RCW 59.21.015(2).)) Persons who maintained
ownership of and relocated their mobile homes are entitled to up to seven
thousand dollars for a double-wide home and up to three thousand five hundred
dollars for a single-wide home.
(4)
Any organization may apply to receive funds from the mobile home park
relocation fund, for use in combination with funds from public or private
sources, toward relocation of tenants eligible under this section. Funds
received from the mobile home park relocation fund shall only be used for relocation
assistance.
Sec.
3. RCW
59.21.025 and 1995 c 122 s 6 are each amended to read as follows:
(1)
If financial assistance for relocation is obtained from sources other than the
mobile home park relocation fund established under this chapter, then the
relocation assistance provided to any person under this chapter shall be
reduced as necessary to ensure that no person receives from all sources
combined more than: (((1))) (a) That person's actual cost of
relocation; or (((2) the amounts provided under RCW 59.21.015(3), whichever
applies)) (b) seven thousand dollars for a double-wide mobile home and
three thousand five hundred dollars for a single-wide mobile home.
(2)
When a person receives financial assistance for relocation from a source other
than the mobile home park relocation assistance fund, then the assistance
received from the fund will be the difference between the maximum amount to
which a person is entitled under RCW 59.21.021(3) and the amount of assistance
received from the outside source.
(3)
If the amount of assistance received from an outside source exceeds the maximum
amounts of assistance to which a person is entitled under RCW 59.21.021(3),
then that person will not receive any assistance from the mobile home park
relocation assistance fund.
Sec.
4. RCW
59.21.040 and 1995 c 122 s 8 are each amended to read as follows:
A
tenant is not entitled to relocation assistance under this chapter if: (1) The
tenant has given notice to the landlord of his or her intent to vacate the park
and terminate the tenancy before any written notice of closure pursuant to RCW
59.20.080(1)(e) has been given((, or)); (2) the tenant purchased
a mobile home already situated in the park or moved a mobile home into the park
after a written notice of closure pursuant to RCW 59.20.090 has been given and
the person received actual prior notice of the change or closure; or (3) the
tenant receives assistance from an outside source that exceeds the maximum
amounts of assistance to which a person is entitled under RCW 59.21.021(3).
However, no tenant may be denied relocation assistance under subsection (1) of
this section if the tenant has remained on the premises and continued paying
rent for a period of ((as [at])) at least six months after giving
notice of intent to vacate and before receiving formal notice of a closure or
change of use.
Sec.
5. RCW
59.21.050 and 1995 c 122 s 9 are each amended to read as follows:
(1)
The existence of the mobile home park relocation fund in the custody of the
state treasurer is affirmed. Expenditures from the fund may be used only for
relocation assistance awarded under ((RCW 59.21.015 through 59.21.025))
this chapter. Only the director or the director's designee may
authorize expenditures from the fund. All relocation payments to tenants shall
be made from the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for expenditures.
(2)
A park tenant is eligible for assistance under ((RCW 59.21.015)) this
chapter only after an application is submitted by that tenant or an
organization acting on the tenant's account under RCW 59.21.021(4) on a form
approved by the director which shall include:
(a)
For those persons who maintained ownership of and relocated their homes: (i) A
copy of the notice from the park-owner, or other adequate proof, that the
tenancy is terminated due to closure of the park or its conversion to another
use; (ii) a copy of the rental agreement then in force, or other proof that the
applicant was a tenant at the time of notice of closure; (iii) a copy of the
contract for relocating the home which includes the date of relocation, or
other proof of actual relocation expenses incurred on a date certain; and (iv)
a statement of any other available assistance;
(b)
For those persons who sold their homes and incurred no relocation expenses:
(i) A copy of the notice from the park-owner, or other adequate proof, that the
tenancy is terminated due to closure of the park or its conversion to another
use; (ii) a copy of the rental agreement then in force, or other proof that the
applicant was a tenant at the time of notice of closure; and (iii) a copy of
the record of title transfer issued by the department of licensing when the
tenant sold the home rather than relocate it due to park closure or conversion.
Sec.
6. RCW
43.63B.010 and 1994 c 284 s 15 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Authorized representative" means an employee of a state agency,
city, or county acting on behalf of the department.
(2)
"Certified manufactured home installer" means a person who is in the
business of installing mobile or manufactured homes and who has been issued a
certificate by the department as provided in this chapter.
(3)
"Department" means the department of community, trade, and economic
development.
(4)
"Director" means the director of community, trade, and economic
development.
(5)
"Manufactured home" means a single-family dwelling built in
accordance with the department of housing and urban development manufactured
home construction and safety standards act, which is a national, preemptive
building code.
(6)
"Mobile or manufactured home installation" means all on-site work
necessary for the installation of a manufactured home, including:
(a)
Construction of the foundation system;
(b)
Installation of the support piers and earthquake resistant bracing system;
(c)
Required connection to foundation system and support piers;
(d)
Skirting;
(e)
Connections to the on-site water and sewer systems that are necessary for the
normal operation of the home; and
(f)
Extension of the pressure relief valve for the water heater.
(7)
"Manufactured home standards" means the manufactured home
construction and safety standards as promulgated by the United States
department of housing and urban development (HUD).
(8)
"Mobile home" means a factory-built dwelling built prior to June 15,
1976, to standards other than the HUD code, and acceptable under applicable
state codes in effect at the time of construction or introduction of the home
into the state. Mobile homes have not been built since introduction of the HUD
manufactured home construction and safety standards act.
(9)
"Training course" means the education program administered by the
department, or the education course administered by an approved educational
provider, as a prerequisite to taking the examination for certification.
(10)
"Approved educational provider" means an organization approved by the
department to provide education and training of manufactured home installers
and local inspectors.
NEW
SECTION. Sec. 7. A
new section is added to chapter 43.63B RCW to read as follows:
The
department shall adopt rules to establish and administer a process of approving
educational providers as an alternative to the department training course for
installers and local inspectors.
Sec.
8. RCW
43.63B.060 and 1994 c 284 s 20 are each amended to read as follows:
Any
local government mobile or manufactured home installation application and
permit shall state either the name and registration number of the
contractor or licensed manufactured home dealer or the certification
identification number of the certified manufactured home installer supervising
such installation. A local government may not issue ((a permit to install))
final approval for the installation of a manufactured home unless((:
(1) The installer submits a copy of the certificate of manufactured home
installation to the local government; or (2) work is being performed that does
not require a certified installer. When work must be performed by a certified
manufactured home installer, no work may commence until)) the certified
installer or the installer's agent has posted ((or otherwise made available,
with the inspection record card)) at the set-up site((, a copy of the
certified)) the manufactured home installer's ((certificate of))
certification number and has identified the work being performed on the
manufactured home installation on a form prescribed by the department.
NEW SECTION. Sec. 9. RCW
59.21.015 and 1995 c 122 s 4 are each repealed.
