SENATE BILL REPORT

SB 5875

BYSenator Smith

Regulating mobile home park tenancies.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 28, 1989

Senate Staff:Dave Cheal (786-7576)

AS OF FEBRUARY 27, 1989

BACKGROUND:

When mobile home parks are sold, new owners often wish to institute different policies and park rules.  Owners sometimes attempt to increase rent contrary to the provisions of unexpired leases.

Park rules are a frequent source of landlord/tenant disputes in mobile home parks.  There is currently no requirement that a park owner consult with tenants regarding park rules.

Park owners may charge a fee for guests who stay longer than 15 days in any 60 day period.

SUMMARY:

Purchasers of mobile home parks are bound by all the provisions of existing unexpired leases to tenants.  Park rules may not be changed at the time of the transfer unless the transfer occurs at a time when rules might otherwise be changed according to existing law.

Landlords are prohibited from charging a fee for tenant's guests who provide necessary care services to tenants, even if they stay longer than 15 days in a 60 day period, and regardless of whether they receive monetary compensation for those services.

Rules of the park must be reasonable and relate to matters affecting the common welfare of residents or to efficient maintenance and operating costs or preservation of the park.  Rules may be changed only after a hearing held after 15 days notice to all tenants.  The hearing must be held in the park and attended by the owner or someone to whom the owner has given full authority with regard to rules.  Rules may be changed only at the time rental agreements are renewed.

Diminution of facilities, amenities or services that materially reduce the rental value of the property shall entitle the tenant to a reduced rent.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested