AN
ACT Relating to mobile home relocation assistance; amending RCW 59.21.010,
59.21.021, and 59.21.050; adding a new section to chapter 59.21 RCW; and
providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.21.010 and 1998 c 124 s 1 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 and to either reinstall it in another location or to demolish
it and purchase another mobile/manufactured home constructed to the standards
set by the department of housing and urban development.
(7)
"Relocation assistance" means the monetary assistance provided under
this chapter.
Sec.
2. RCW
59.21.021 and 1998 c 124 s 2 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. The department shall give priority for distribution of
relocation assistance to tenants residing in parks that are closed as a result
of park-owner fraud or as a result of health and safety concerns as determined
by the local board of health. Payments shall be made upon the department's
verification of eligibility, subject to the availability of remaining funds. Eligibility
for relocation assistance funds is limited to low‑income households. As
used in this section, "low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is less than
eighty percent of the median family income, adjusted for household size, for
the county where the mobile or manufactured home is located.
(2)
Assistance for closures occurring after December 31, 1995, is limited to
persons who maintain ownership of and relocate their mobile home or who
dispose of a home not relocatable to a new site.
(3)
Persons who removed and disposed of their mobile home or maintained
ownership of and relocated their mobile homes are entitled to reimbursement
of actual relocation expenses 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 individual or 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 expenses or other mobile/manufactured home ownership
expenses, that include down payment assistance, if the owners are not planning
to relocate their mobile home as long as their original home is removed from
the park.
NEW
SECTION. Sec. 3. A
new section is added to chapter 59.21 RCW to read as follows:
(1)
A one hundred dollar fee is imposed upon the purchaser on every transfer of title
issued under chapter 46.12 RCW on a mobile home one year old or more where (a)
the ownership of the mobile home changes; and (b) the mobile home is located in
a mobile home park. A transfer of title does not include the addition or
deletion of a spouse co-owner or secured interest.
(2)
Mobile homes with a sale price of less than five thousand dollars are not
subject to the fee imposed in subsection (1) of this section.
(3)
The department of licensing or its agents shall collect the fee when processing
an application for transfer of title. The fee collected under this section
shall be forwarded to the state treasurer for deposit into the mobile home park
relocation fund created in this chapter. The department of licensing may
deduct a percentage amount, not to exceed two percent of the fees collected,
for the collection expenses incurred by the department of licensing.
(4)
The department of licensing and the state treasurer may adopt rules necessary
to carry out this section.
Sec.
4. RCW
59.21.050 and 1998 c 124 s 5 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 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 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 or
removed their homes from the park: (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.
(3)
The department may deduct a percentage amount of the fee collected under
section 3 of this act, not to exceed five percent of the fees received, for
administration expenses incurred by the department.
NEW
SECTION. Sec. 5. This
act takes effect January 1, 2003.
