SENATE BILL REPORT

SB 5261

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Manufactured/mobile home communities are governed by the Manufactured/ Mobile Home Landlord-Tenant Act (MHLTA). The MHLTA outlines the rights and responsibilities of manufactured/mobile home landlords and tenants, including those pertaining to rental agreements; prohibited acts by the landlord; sale, closure, or conversion of the mobile home park; tenant rights in the event of proposed sale, closure, or conversion; grounds for termination of tenancy; maintenance responsibilities; and health and sanitation.

Manufactured/Mobile Home Dispute Resolution Program. The Attorney General administers a Manufactured/Mobile Home Dispute Resolution Program that provides educational materials to manufactured/mobile home tenants and landlords and attempts to resolve disputes regarding alleged violations of MHLTA. The program investigates complaints from tenants and landlords and attempts to negotiate a resolution. If no agreement can be reached, the Attorney General may issue written notices of violations, specify corrective action, and issue fines up to a maximum of $250 for each day that a violation remains uncorrected.

The Manufactured/Mobile Home Dispute Resolution Program is funded with $9 of every $10 of the annual registration assessment for each manufactured/mobile home and any fines collected as a result of the dispute resolution program.

Civil Infractions. Civil infractions are noncriminal offenses that subject the violator to monetary penalties. Notices of civil infractions are issued by an enforcement officer when the violation occurs in the officer's presence or by a court based on an officer's statement. A person subject to the notice of civil infraction may contest the determination within 15 days. A person that commits a class 1 civil infraction is subject to a fine of $250.

Summary of Bill: Manufactured Housing Community Certification. A training program for manufactured housing communities is created. Any manager who lives in a manufactured housing community and performs management duties must be trained and possess a certificate of completed training. This includes a person who lives off-site and performs park management duties. An owner who lives in the park but does not perform management duties does not need a certificate. Manufactured housing community management includes the collection of rent, renting lots, and the implementation of landlord duties and responsibilities under the MHLTA.

Advisory Council on Manufactured Housing Community Management. The council must consist of five members:

two must be park residents, selected by statewide associations exclusively presenting tenants;
two must be owners, selected by statewide associations exclusively representing manufactured housing communities;
the Office of the Attorney General serves as a nonvoting, advisory member of the council;
the President of the Senate appoints one member from the Senate; and
the Speaker of the House of Representatives appoints one member from the House of Representatives.

The terms are four years. The Council is to develop the curriculum for the Manufactured Housing Community Management eight-hour training curriculum. There is an annual four-hour requirement for continuing education. Only statewide associations exclusively representing manufactured housing communities may conduct the trainings, for which they may charge a fee.

A violation of this act is a class 1 civil infraction.