HOUSE BILL REPORT

 

 

                                   EHB 1552

 

 

BYRepresentatives Todd, Nutley, Padden, Patrick, Holland, Anderson, D. Sommers, Leonard, Walk, Pruitt, Crane, Nelson and Dorn

 

 

Establishing the office of mobile home affairs and tenant lot fees.

 

 

House Committe on Housing

 

Majority Report:  Do pass with amendments.  (8)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Ballard, Inslee, Padden and Todd.

 

      House Staff:Charlie Gavigan (786-7340)

 

 

                        AS PASSED HOUSE MARCH 15, 1989

 

BACKGROUND:

 

Mobile (manufactured) homes are built in factories under standards regulated by the Department of Housing and Urban Development (HUD).  The mobile home is either placed on land that is owned by the mobile home-owner or is placed on land that is rented to the mobile home-owner.

 

Disputes sometimes occur between mobile home park-owners (landlords) and mobile home-owners (tenants) when the mobile home is placed on land rented by the home-owner.  This area is covered by the mobile home landlord-tenant act.  How effective this law is at resolving disputes is argued by both sides.  No state agency is responsible for overseeing this area.

 

Several state agencies regulate some aspect of mobile homes.  The Department of Licensing issues titles to mobile homes and regulates manufacturers and dealers of mobile homes.  The State Board of Health makes regulations on the health and sanitation standards for mobile home parks.  The Department of Transportation issues permits for moving mobile homes on state highways.  The Department of Licensing and the Utilities and Transportation Commission regulate mobile home transporters.  The Department of Labor and Industries is HUD's agent for inspecting the factories in Washington that build mobile homes. The Department of Labor and Industries also provides the standards for installing mobile homes on sites or lots.

 

In 1988, the Legislature created an Office of Mobile Home Affairs in the Department of Community Development.  This office serves as the coordinating office for state government in matters related to mobile homes. The office also provides an ombudsman service to park-owners and tenants with respect to problems and disputes between these two groups, and provides technical assistance to tenant organizations who wish to purchase the mobile home park where they reside.

 

The office is funded through a $1 annual fee per lot (space) to be paid by park-owners, and each tenant residing in the park on January 1st must pay a $1 fee (annual).  The park-owner is to collect the tenants' fees and submit both the park-owner's and the tenants' fees to the state treasurer.

 

SUMMARY:

 

The fee charged to park-owners per year per lot does not apply to unoccupied lots.

 

The tenant is to pay the fee to the landlord by January 15th.  The landlord has no other duty to collect the fee from the tenant than to request payment in writing.

 

The landlord cannot charge an administrative fee for collecting the $1 fee from the tenant.  The landlord must reimburse any administrative fees collected from tenants.  If the landlord violates the provisions regarding collecting or reimbursing the administrative fees, the landlord is liable for a $50 penalty per violation.

 

Fiscal Note:      Requested February 11, 1989.

 

House Committee ‑ Testified For:    Morton Clark, Mobile Park Owners Association; David Girard, Evergreen Legal Services.

 

House Committee - Testified Against:      None Presented.

 

House Committee - Testimony For:    The landlord should not be obligated to pay a $1 fee on unoccupied lots.  Requiring this payment was an oversight when the legislature established the Office of Mobile Home Affairs last year.  Landlords should be prohibited from charging an administrative fee for collecting the $1 fee from tenants.

 

House Committee - Testimony Against:      None Presented.