SENATE BILL REPORT

HB 2445

BYRepresentatives Winsley, Leonard, Wood and Miller

Requiring notice of any conditional use permits applicable to a mobile home park in mobile home park rental agreements.

House Committe on Housing

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 16, 1990; February 21, 1990

Majority Report:  Do pass.

      Signed by Senators Lee, Chairman; Murray, Saling, Smitherman, Warnke, West, Williams.

Senate Staff:Dave Cheal (786-7576)

                  March 7, 1990

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 21, 1990

BACKGROUND:

The Mobile Home Landlord-Tenant Act requires a landlord that offers a mobile home lot for rent to provide the tenant a written rental agreement.  This agreement must be signed by the landlord and tenant and must contain specific items that include:  (1)  the terms for the payment of rent; (2) the rules and regulations of the park; (3) a covenant by the landlord that the mobile home park will not be converted to a land use that will prevent the rented space from being used by the tenant for a three-year period or, in the alternative, a warning that the park could be sold at any time; and (4) the current zoning of the land on which the mobile home park is located.

Local governments can allow the development of a temporary land use that is not compatible with existing land uses through the issuance of a conditional or temporary use permit.  The process allows the owner of the property to use the property for an agreed upon period of time.  Unless the conditional or temporary use permit is extended for an additional period, the existing land use must be stopped and the property used for purposes authorized in the local government zoning code.

Mobile home parks have been developed using the conditional or temporary use permit process.  With the exception of the covenant by the landlord that the mobile home space will not be converted for a three-year period, landlords are not required to inform tenants that the use of the space for placement of a mobile home is subject to termination at a future date.

SUMMARY:

The written rental agreement between the landlord and the tenant for a mobile home park space must include an expiration date of any conditional or temporary use permit or other land use permit issued by a local government that has a fixed expiration date for continued use of the land as a mobile home park.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Winsley, prime sponsor; John Woodring (pro)