BILL REQ. #: S-0860.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/25/11. Referred to Committee on Financial Institutions, Housing & Insurance.
AN ACT Relating to protecting consumers who live in manufactured/mobile home communities by modifying the manufactured/mobile home landlord-tenant act; and amending RCW 59.20.030, 59.20.045, 59.20.080, 59.20.130, and 59.20.135.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 59.20.030 and 2008 c 116 s 2 are each amended to read
as follows:
For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home,
or park model owned by a tenant in a mobile home park, mobile home park
cooperative, or mobile home park subdivision or tenancy in a mobile
home lot means the tenant has defaulted in rent and by absence and by
words or actions reasonably indicates the intention not to continue
tenancy;
(2) "Eligible organization" includes local governments, local
housing authorities, nonprofit community or neighborhood-based
organizations, federally recognized Indian tribes in the state of
Washington, and regional or statewide nonprofit housing assistance
organizations;
(3) "Housing authority" or "authority" means any of the public body
corporate and politic created in RCW 35.82.030;
(4) "Landlord" means the owner of a mobile home park and includes
the agents of a landlord;
(5) "Local government" means a town government, city government,
code city government, or county government in the state of Washington;
(6) "Manufactured home" means a single-family dwelling built
according to the United States department of housing and urban
development manufactured home construction and safety standards act,
which is a national preemptive building code. A manufactured home
also: (a) Includes plumbing, heating, air conditioning, and electrical
systems; (b) is built on a permanent chassis; and (c) can be
transported in one or more sections with each section at least eight
feet wide and forty feet long when transported, or when installed on
the site is three hundred twenty square feet or greater;
(7) "Manufactured/mobile home" means either a manufactured home or
a mobile home;
(8) "Mobile home" means a factory-built dwelling built prior to
June 15, 1976, to standards other than the United States department of
housing and urban development code, and acceptable under applicable
state codes in effect at the time of construction or introduction of
the home into the state. Mobile homes have not been built since the
introduction of the United States department of housing and urban
development manufactured home construction and safety act;
(9) "Mobile home lot" means a portion of a mobile home park or
manufactured housing community designated as the location of one mobile
home, manufactured home, or park model and its accessory buildings, and
intended for the exclusive use as a primary residence by the occupants
of that mobile home, manufactured home, or park model;
(10) "Mobile home park," "manufactured housing community," or
"manufactured/mobile home community" means any real property which is
rented or held out for rent to others for the placement of two or more
mobile homes, manufactured homes, or park models for the primary
purpose of production of income, except where such real property is
rented or held out for rent for seasonal recreational purpose only and
is not intended for year-round occupancy;
(11) "Mobile home park cooperative" or "manufactured housing
cooperative" means real property consisting of common areas and two or
more lots held out for placement of mobile homes, manufactured homes,
or park models in which both the individual lots and the common areas
are owned by an association of shareholders which leases or otherwise
extends the right to occupy individual lots to its own members;
(12) "Mobile home park subdivision" or "manufactured housing
subdivision" means real property, whether it is called a subdivision,
condominium, or planned unit development, consisting of common areas
and two or more lots held for placement of mobile homes, manufactured
homes, or park models in which there is private ownership of the
individual lots and common, undivided ownership of the common areas by
owners of the individual lots;
(13) "Notice of sale" means a notice required under RCW 59.20.300
to be delivered to all tenants of a manufactured/mobile home community
and other specified parties within fourteen days after the date on
which any advertisement, multiple listing, or public notice advertises
that a manufactured/mobile home community is for sale;
(14) "Park model" means a recreational vehicle ((intended for
permanent or semi-permanent installation and)) that is used as a
primary residence;
(15) "Qualified sale of manufactured/mobile home community" means
the sale, as defined in RCW 82.45.010, of land and improvements
comprising a manufactured/mobile home community that is transferred in
a single purchase to a qualified tenant organization or to an eligible
organization for the purpose of preserving the property as a
manufactured/mobile home community;
(16) "Qualified tenant organization" means a formal organization of
tenants within a manufactured/mobile home community, with the only
requirement for membership consisting of being a tenant;
(17) "Recreational vehicle" means a travel trailer, motor home,
truck camper, or camping trailer that is primarily designed and used as
temporary living quarters, is either self-propelled or mounted on or
drawn by another vehicle, is transient, is not occupied as a primary
residence, and is not immobilized or permanently affixed to a mobile
home lot;
(18) "Tenant" means any person, except a transient, who rents a
mobile home lot;
(19) "Transient" means a person who rents a mobile home lot for a
period of less than one month for purposes other than as a primary
residence;
(20) "Occupant" means any person, including a live-in care
provider, other than a tenant, who occupies a mobile home, manufactured
home, or park model and mobile home lot.
Sec. 2 RCW 59.20.045 and 1993 c 66 s 18 are each amended to read
as follows:
(1) Rules are enforceable against a tenant only if:
(((1))) (a) Their purpose is to promote the convenience, health,
safety, or welfare of the residents, protect and preserve the premises
from abusive use, or make a fair distribution of services and
facilities made available for the tenants generally;
(((2))) (b) They are reasonably related to the purpose for which
they are adopted;
(((3))) (c) They apply to all tenants in a fair manner;
(((4))) (d) They are not for the purpose of evading an obligation
of the landlord; and
(((5))) (e) They are not retaliatory or discriminatory in nature.
(2) A landlord may only adopt or modify rules and regulations of
the mobile home park with the written consent of the tenant. Any
mutually agreed to changes or modifications to the rules and
regulations take effect at the end of the rental period, only if the
landlord has notified the tenant in writing three months prior to the
end of the rental period. This right cannot be waived by the tenant.
Sec. 3 RCW 59.20.080 and 2003 c 127 s 4 are each amended to read
as follows:
(1) A landlord shall not terminate or fail to renew a tenancy of a
tenant or the occupancy of an occupant, of whatever duration except for
one or more of the following reasons:
(a) Substantial violation, or repeated or periodic violations of
the rules of the mobile home park as established by the landlord at the
inception of the tenancy or as assumed subsequently with the consent of
the tenant or for violation of the tenant's duties as provided in RCW
59.20.140. The tenant shall be given written notice to cease the rule
violation immediately. The notice shall state that failure to cease
the violation of the rule or any subsequent violation of that or any
other rule shall result in termination of the tenancy, and that the
tenant shall vacate the premises within fifteen days: PROVIDED, That
for a periodic violation the notice shall also specify that repetition
of the same violation shall result in termination: PROVIDED FURTHER,
That in the case of a violation of a "material change" in park rules
with respect to pets, tenants with minor children living with them, or
recreational facilities, the tenant shall be given written notice under
this chapter of a six month period in which to comply or vacate;
(b) Nonpayment of rent or other charges specified in the rental
agreement, upon five days written notice to pay rent and/or other
charges or to vacate;
(c) Conviction of the tenant of a crime, commission of which
threatens the health, safety, or welfare of the other mobile home park
tenants. The tenant shall be given written notice of a fifteen day
period in which to vacate;
(d) Failure of the tenant to comply with local ordinances and state
laws and regulations relating to mobile homes, manufactured homes, or
park models or mobile home, manufactured homes, or park model living
within a reasonable time after the tenant's receipt of notice of such
noncompliance from the appropriate governmental agency;
(e) Change of land use of the mobile home park including, but not
limited to, conversion to a use other than for mobile homes,
manufactured homes, or park models or conversion of the mobile home
park to a mobile home park cooperative or mobile home park
subdivision((: PROVIDED, That)). The landlord shall give the tenants
twelve months' notice in advance of the effective date of such
change((, except that for the period of six months following April 28,
1989, the landlord shall give the tenants eighteen months' notice in
advance of the proposed effective date of such change));
(f) Engaging in "criminal activity." "Criminal activity" means a
criminal act defined by statute or ordinance that threatens the health,
safety, or welfare of the tenants. A park owner seeking to evict a
tenant or occupant under this subsection need not produce evidence of
a criminal conviction, even if the alleged misconduct constitutes a
criminal offense. Notice from a law enforcement agency of criminal
activity constitutes sufficient grounds, but not the only grounds, for
an eviction under this subsection. Notification of the seizure of
illegal drugs under RCW 59.20.155 is evidence of criminal activity and
is grounds for an eviction under this subsection. The requirement that
any tenant or occupant register as a sex offender under RCW 9A.44.130
is grounds for eviction under this subsection. If criminal activity is
alleged to be a basis of termination, the park owner may proceed
directly to an unlawful detainer action;
(g) The tenant's application for tenancy contained a material
misstatement that induced the park owner to approve the tenant as a
resident of the park, and the park owner discovers and acts upon the
misstatement within one year of the time the resident began paying
rent;
(h) If the landlord serves a tenant three fifteen-day notices
within a twelve-month period to comply or vacate for failure to
substantively comply with the material terms of the rental agreement or
park rules. The applicable twelve-month period shall commence on the
date of the first violation;
(i) Failure of the tenant to comply with obligations imposed upon
tenants by applicable provisions of municipal, county, and state codes,
statutes, ordinances, and regulations, including this chapter. The
landlord shall give the tenant written notice to comply immediately.
The notice must state that failure to comply will result in termination
of the tenancy and that the tenant shall vacate the premises within
fifteen days;
(j) The tenant engages in disorderly or substantially annoying
conduct upon the park premises that results in the destruction of the
rights of others to the peaceful enjoyment and use of the premises.
The landlord shall give the tenant written notice to comply
immediately. The notice must state that failure to comply will result
in termination of the tenancy and that the tenant shall vacate the
premises within fifteen days;
(k) The tenant creates a nuisance that materially affects the
health, safety, and welfare of other park residents. The landlord
shall give the tenant written notice to cease the conduct that
constitutes a nuisance immediately. The notice must state that failure
to cease the conduct will result in termination of the tenancy and that
the tenant shall vacate the premises in five days;
(l) Any other substantial just cause that materially affects the
health, safety, and welfare of other park residents. The landlord
shall give the tenant written notice to comply immediately. The notice
must state that failure to comply will result in termination of the
tenancy and that the tenant shall vacate the premises within fifteen
days; or
(m) Failure to pay rent by the due date provided for in the rental
agreement three or more times in a twelve-month period, commencing with
the date of the first violation, after service of a five-day notice to
comply or vacate.
(2) Within five days of a notice ((of eviction)) as required by
subsection (1)(a) and (h) of this section, the landlord and tenant
shall submit any dispute to mediation. The parties may agree in
writing to mediation by an independent third party or through industry
mediation procedures. If the parties cannot agree, then mediation
shall be through industry mediation procedures. A duty is imposed upon
both parties to participate in the mediation process in good faith for
a period of ten days for an eviction under subsection (1)(a) of this
section. It is a defense to an eviction under subsection (1)(a) of
this section that a landlord did not participate in the mediation
process in good faith.
(3) Chapters 59.12 and 59.18 RCW govern the eviction of
recreational vehicles, as defined in RCW 59.20.030, from mobile home
parks. This chapter governs the eviction of mobile homes, manufactured
homes, park models, and recreational vehicles used as a primary
residence from a mobile home park.
Sec. 4 RCW 59.20.130 and 1999 c 359 s 11 are each amended to read
as follows:
It shall be the duty of the landlord to:
(1) Comply with codes, statutes, ordinances, and administrative
rules applicable to the mobile home park;
(2) Maintain the common premises and prevent the accumulation of
stagnant water and to prevent the detrimental effects of moving water
when such condition is not the fault of the tenant;
(3) Keep any shared or common premises and vacant mobile home lots
reasonably clean, sanitary, and safe from defects to reduce the hazards
of fire or accident;
(4) Keep all common premises of the mobile home park, and vacant
mobile home lots, not in the possession of tenants, free of weeds or
plant growth noxious and detrimental to the health of the tenants and
free from potentially injurious or unsightly objects and condition;
(5) Maintain, in good condition, all trees, shrubs, natural
fencing, and other landscaping included on the mobile home lots that
were not planted by the current tenants;
(6) Exterminate or make a reasonable effort to exterminate rodents,
vermin, or other pests dangerous to the health and safety of the tenant
whenever infestation exists on the common premises or whenever
infestation occurs in the interior of a mobile home, manufactured home,
or park model as a result of infestation existing on the common
premises;
(((6))) (7) Maintain and protect all utilities provided to the
mobile home, manufactured home, or park model in good working
condition. Maintenance responsibility shall be determined at that
point where the normal mobile home, manufactured home, or park model
utilities "hook-ups" connect to those provided by the landlord or
utility company;
(((7))) (8) Respect the privacy of the tenants and shall have no
right of entry to a mobile home, manufactured home, or park model
without the prior written consent of the occupant, except in case of
emergency or when the occupant has abandoned the mobile home,
manufactured home, or park model. Such consent may be revoked in
writing by the occupant at any time. The ownership or management shall
have a right of entry upon the land upon which a mobile home,
manufactured home, or park model is situated for maintenance of
utilities, to insure compliance with applicable codes, statutes,
ordinances, administrative rules, and the rental agreement and the
rules of the park, and protection of the mobile home park at any
reasonable time or in an emergency, but not in a manner or at a time
which would interfere with the occupant's quiet enjoyment. The
ownership or management shall make a reasonable effort to notify the
tenant of their intention of entry upon the land which a mobile home,
manufactured home, or park model is located prior to entry;
(((8))) (9) Allow tenants freedom of choice in the purchase of
goods and services, and not unreasonably restrict access to the mobile
home park for such purposes;
(((9))) (10) Maintain roads within the mobile home park in good
condition and take reasonable steps to prevent the accumulation of
water, snow, or ice that would prevent tenants from accessing their
homes or exiting the mobile home park; ((and)) (11) Notify each tenant within five days after a petition
has been filed by the landlord for a change in the zoning of the land
where the mobile home park is located and make a description of the
change available to the tenant; and
(10)
(12) Ensure that on-site managers and other employees comply with
codes, statutes, ordinances, and administrative rules applicable to the
mobile home park, including the park rules and regulations.
A landlord shall not have a duty to repair a defective condition
under this section, nor shall any defense or remedy be available to the
tenant under this chapter, if the defective condition complained of was
caused by the conduct of the tenant, the tenant's family, invitee, or
other person acting under the tenant's control, or if a tenant
unreasonably fails to allow the landlord access to the property for
purposes of repair.
Sec. 5 RCW 59.20.135 and 1999 c 359 s 12 are each amended to read
as follows:
(1) The legislature finds that some mobile home park owners
transfer the responsibility for the upkeep of permanent structures
within the mobile home park to the park tenants. This transfer
sometimes occurs after the permanent structures have been allowed to
deteriorate. Many mobile home parks consist entirely of senior
citizens who do not have the financial resources or physical capability
to make the necessary repairs to these structures once they have fallen
into disrepair. The inability of the tenants to maintain permanent
structures can lead to significant safety hazards to the tenants as
well as to visitors to the mobile home park. The legislature therefore
finds and declares that it is in the public interest and necessary for
the public health and safety to prohibit mobile home park owners from
transferring the duty to maintain permanent structures in mobile home
parks to the tenants.
(2) A mobile home park owner is prohibited from transferring
responsibility for the maintenance or care of permanent structures
within the mobile home park to the tenants of the park. A provision
within a rental agreement or other document transferring responsibility
for the maintenance or care of permanent structures within the mobile
home park to the park tenants is void.
(3) A "permanent structure" for purposes of this section includes
the clubhouse, carports, storage sheds, or other permanent structure.
A permanent structure does not include structures built or affixed by
a tenant. A permanent structure includes only those structures that
were provided as amenities to the park tenants.
(4) Nothing in this section shall be construed to prohibit a park
owner from requiring a tenant to maintain his or her mobile home,
manufactured home, or park model or yard. Nothing in this section
shall be construed to prohibit a park owner from transferring
responsibility for the maintenance or care of permanent structures
within the mobile home park to an organization of park tenants or to an
individual park tenant when requested by the tenant organization or
individual tenant.
(5) If the landlord chooses to remove any permanent structure,
including recreational facilities, trees, shrubs, natural fencing, or
other landscaping, the tenant or tenants shall receive an adjustment to
rent or other appropriate consideration. This right is enforceable in
any court of competent jurisdiction, including small claims court, and
under chapter 59.30 RCW.