BILL REQ. #: S-0600.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/24/11. Referred to Committee on Financial Institutions, Housing & Insurance.
AN ACT Relating to clarifying the manufactured housing and mobile home program functions and account; amending RCW 59.22.050, 59.22.070, 46.17.150, 59.20.300, and 59.22.020; adding a new section to chapter 43.22A RCW; and recodifying RCW 59.22.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 59.22.050 and 2008 c 116 s 6 are each amended to read
as follows:
(1) In order to provide general assistance to ((manufactured/mobile
home)) resident organizations, qualified tenant organizations,
((manufactured/mobile home community or park owners, and landlords))
and tenants, the department shall establish an office of ((manufactured
housing)) mobile/manufactured home relocation assistance.
(2) This office will provide, either directly or through contracted
services, technical assistance to qualified tenant organizations as
defined in RCW 59.20.030 and resident organizations or persons in the
process of forming a resident organization pursuant to this chapter
((59.22 RCW)). The office will keep records of its activities in this
area.
(((2))) (3) The office shall administer the mobile home relocation
assistance program established in chapter 59.21 RCW, including
verifying the eligibility of tenants for relocation assistance.
Sec. 2 RCW 59.22.070 and 2007 c 432 s 10 are each amended to read
as follows:
((There)) (1) The manufactured housing account is created in the
custody of the state treasurer ((a special account known as the
manufactured housing account)).
((Disbursements from this special account shall be as follows:)) (2) All receipts from fees imposed under RCW 46.17.150 must
be deposited into the account.
(1) For the two-year period beginning July 1, 1988, forty thousand
dollars, or so much thereof as may be necessary for costs incurred in
registering landlords and collecting fees, and thereafter five thousand
dollars per year for that purpose.
(2) All remaining amounts shall be remitted to the department for
the purpose of implementing RCW 59.22.050, except those funds needed to
implement
(3) Expenditures from the account may be made only as follows:
(a) The director of the department of commerce or the director's
designee may authorize expenditures of up to five thousand dollars per
year for the purpose of implementing RCW 59.22.050.
(b) The director of the department of labor and industries or the
director's designee may authorize expenditures of all remaining amounts
for the state administrative agency function and manufactured home
installation training and certification program under this chapter
((43.22A RCW, as well as all appropriated and nonappropriated funds
related to department of labor and industries functions)).
(4) The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 3 RCW 46.17.150 and 2010 c 161 s 510 are each amended to
read as follows:
Before accepting an application for a transfer of certificate of
title for a new or used manufactured home as required in this title and
chapter 65.20 RCW, the department, county auditor or other agent, or
subagent appointed by the director shall require the applicant to pay
a fifteen dollar fee in addition to any other fees and taxes required
by law. The fifteen dollar fee must be forwarded to the state
treasurer, who shall deposit the fee in the manufactured housing
account created in RCW 59.22.070 (as recodified by this act).
Sec. 4 RCW 59.20.300 and 2008 c 116 s 4 are each amended to read
as follows:
(1) A landlord must provide a written notice of sale of a
manufactured/mobile home community by certified mail or personal
delivery to:
(a) Each tenant of the manufactured/mobile home community;
(b) The officers of any known qualified tenant organization;
(c) The office of ((manufactured housing)) mobile/manufactured home
relocation assistance;
(d) The local government within whose jurisdiction all or part of
the manufactured/mobile home community exists;
(e) The housing authority within whose jurisdiction all or part of
the manufactured/mobile home community exists; and
(f) The Washington state housing finance commission.
(2) A notice of sale must include:
(a) A statement that the landlord intends to sell the
manufactured/mobile home community; and
(b) The contact information of the landlord or landlord's agent who
is responsible for communicating with the qualified tenant organization
or eligible organization regarding the sale of the property.
Sec. 5 RCW 59.22.020 and 2010 c 161 s 1150 are each amended to
read as follows:
The following definitions shall apply throughout this chapter
unless the context clearly requires otherwise:
(1) (("Account" means the manufactured housing account created
under RCW 59.22.070.)) "Affordable" means that, where feasible, low-income residents
should not pay more than thirty percent of their monthly income for
housing costs.
(2)
(((3))) (2) "Conversion costs" includes the cost of acquiring the
mobile home park, the costs of planning and processing the conversion,
the costs of any needed repairs or rehabilitation, and any expenditures
required by a government agency or lender for the project.
(((4))) (3) "Department" means the department of commerce.
(((5))) (4) "Fee" means the mobile home title transfer fee imposed
under RCW 46.17.150.
(((6))) (5) "Fund" or "park purchase account" means the mobile home
park purchase account created pursuant to RCW 59.22.030.
(((7))) (6) "Housing costs" means the total cost of owning,
occupying, and maintaining a mobile home and a lot or space in a mobile
home park.
(((8))) (7) "Individual interest in a mobile home park" means any
interest which is fee ownership or a lesser interest which entitles the
holder to occupy a lot or space in a mobile home park for a period of
not less than either fifteen years or the life of the holder.
Individual interests in a mobile home park include, but are not limited
to, the following:
(a) Ownership of a lot or space in a mobile home park or
subdivision;
(b) A membership or shares in a stock cooperative, or a limited
equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which
owns, operates, or owns and operates the mobile home park.
(((9))) (8) "Landlord" shall have the same meaning as it does in
RCW 59.20.030.
(((10))) (9) "Low-income resident" means an individual or household
who resided in the mobile home park prior to application for a loan
pursuant to this chapter and with an annual income at or below eighty
percent of the median income for the county of standard metropolitan
statistical area of residence. Net worth shall be considered in the
calculation of income with the exception of the resident's
mobile/
(((11))) (10) "Low-income spaces" means those spaces in a mobile
home park operated by a resident organization which are occupied by
low-income residents.
(((12))) (11) "Manufactured housing" means residences constructed
on one or more chassis for transportation, and which bear an insignia
issued by a state or federal regulatory agency indication compliance
with all applicable construction standards of the United States
department of housing and urban development.
(((13))) (12) "Mobile home" shall have the same meaning as it does
in RCW ((46.04.302)) 43.22.335.
(((14))) (13) "Mobile home lot" shall have the same meaning as it
does in RCW 59.20.030.
(((15))) (14) "Mobile home park" means a mobile home park, as
defined in RCW 59.20.030(10), or a manufactured home park subdivision
as defined by RCW 59.20.030(12) created by the conversion to resident
ownership of a mobile home park.
(((16))) (15) "Resident organization" means a group of mobile home
park residents who have formed a nonprofit corporation, cooperative
corporation, or other entity or organization for the purpose of
acquiring the mobile home park in which they reside and converting the
mobile home park to resident ownership. The membership of a resident
organization shall include at least two-thirds of the households
residing in the mobile home park at the time of application for
assistance from the department.
(((17))) (16) "Resident ownership" means, depending on the context,
either the ownership, by a resident organization, as defined in this
section, of an interest in a mobile home park which entitles the
resident organization to control the operations of the mobile home park
for a term of no less than fifteen years, or the ownership of
individual interests in a mobile home park, or both.
(((18))) (17) "Tenant" means a person who rents a mobile home lot
for a term of one month or longer and owns the mobile home on the lot.
NEW SECTION. Sec. 6 RCW 59.22.070 is recodified as a section in
chapter 43.22A RCW.