SENATE BILL REPORT

HB 1786

As Reported By Senate Committee On:

Financial Services, Insurance & Housing, April 3, 2003

Title: An act relating to the mobile home landlord-tenant act.

Brief Description: Modifying mobile home landlord-tenant provisions.

Sponsors: Representatives Veloria and Santos.

Brief History:

Committee Activity: Financial Services, Insurance & Housing: 4/3/03 [DPA].

SENATE COMMITTEE ON FINANCIAL SERVICES, INSURANCE & HOUSING

Majority Report: Do pass as amended.

      Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon and Roach.

Staff: Alison Mendiola-Hamilton (786-7576)

Background: The Manufactured/Mobile Home Landlord-Tenant act governs the relationship between manufactured/mobile home tenants and manufactured/mobile home park landlords.

Under this act, "park model" is defined as a recreational vehicle intended for permanent or semi- permanent installation and habitation. The Residential Landlord-Tenant Act governs evictions of recreational vehicle tenants from mobile home parks.

The landlord may require the mobile home, manufactured home, or park model to meet applicable fire and safety standards before the tenant is able to assign a rental agreement, or transfer title of the mobile home, manufactured home, or park model.

Summary of Amended Bill: A park model is a recreational vehicle that is permanently or semi-permanently installed and used as a primary residence.

A landlord may exclude or expel a mobile home, manufactured home, or park model for failure to comply with fire, safety, and other relevant statutes.

If a state or local agency responsible for the enforcement of fire and safety standards has issued a notice of violation to a tenant, the landlord may require the mobile home, manufactured home, or park model to meet applicable fire and safety standards. Once the tenant complies with the notice of violation, the landlord may not refuse the transfer of the rental agreement for reasons of fire and safety concerns.

The eviction process for recreational vehicles used as a primary residence in a mobile home park falls under the Manufactured/Mobile Home Landlord-Tenant Act.

Amended Bill Compared to Original Bill: The amended bill adds the word "primary" to the definition of park model. The original bill allows a landlord to require that a mobile home meets fire and safety standards only if the tenant has not provided the landlord written notification of intent to transfer the rental agreement. Under the amended bill, the landlord may require a tenant comply with applicable fire and safety standards whether or not the tenant notifies the landlord of his or her intent to transfer the rental agreement.

Appropriation: None.

Fiscal Note: Not requested.

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

Testimony For: This bill makes four changes that are wanted by mobile home park tenants and owners alike. This bill has full support of tenants and owners alike. We all want to live in a safe community and have worked hard for many years to come up with language acceptable to all parties.

Testimony Against: None.

Testified: Representative Veloria, prime sponsor (pro); Ray Munson, MHCA 33 (pro); Ken Spencer, MHCW (pro w/concerns); John Woodring, Manufactured Housing Community of WA (pro w/concern).