HB 3069-S - DIGEST
(DIGEST OF PROPOSED 1ST SUBSTITUTE)

Finds that there are factors unique to the relationship between a manufactured/mobile homeowner and a manufactured/mobile home park owner. Once occupancy has commenced, the difficulty and expense in moving and relocating a manufactured/mobile home can affect the operation of market forces, and lead to an inequality of the bargaining position of the parties. Once occupancy has commenced, a homeowner may be subject to violations of the manufactured/mobile home landlord-tenant act or unfair practices without an adequate remedy at law. This act is created for the purpose of protecting the public, fostering fair and honest competition, and regulating the factors unique to the relationship between the manufactured/mobile homeowner and park owner.

Finds that taking legal action against a park owner for violations of the manufactured/mobile home landlord-tenant act can be a costly and lengthy process, and that many people cannot afford to pursue a court process to vindicate statutory rights. Park owners similarly are benefited by having access to a process that resolves disputes quickly and efficiently.

Declares an intent to provide a less costly and more efficient way for manufactured/mobile homeowners and park owners to resolve disputes, and to provide a mechanism for state authorities to quickly locate owners of manufactured housing communities. The legislature further intends to authorize the department of community, trade, and economic development to: (1) Register mobile home parks or manufactured housing communities, take complaints, conduct investigations, and administratively resolve disputes, when there are violations of the manufactured/mobile home landlord-tenant act;

(2) Maintain, update, and expand its current complaint program by retaining the necessary staffing level of hired or contracted persons used to operate and implement the program under chapter 429, Laws of 2005;

(3) Collect data related to conflicts and violations; and

(4) Take complaints, conduct investigations, and resolve disputes through the ombudsman complaint resolution program.