AN ACT Relating to mobile home park closure; adding new sections to chapter 59.20 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) The precipitous closure of mobile home parks within the state has created a housing crisis for many mobile home tenants, many of whom are elderly, low income, or both;

(2) The cost of relocation sometimes nearly equals or exceeds the equity a tenant has in the mobile home, making relocation a significant hardship or economically impossible;

(3) Relocation is sometimes impossible due to the age and condition of the mobile home or because no suitable relocation site can be found, resulting in the total loss of equity by the tenant-mobile home owner;

(4) The transaction that causes the park to be closed results in a profit to the purchaser or seller or both, and the significant cost to the displaced tenant and to the community should be borne in part by those who benefit from the transaction.

It is therefore the intent of this act to provide a system of notice and compensation that will provide mobile home tenants the time and resources to relocate or make other provisions for this shelter, and the legislature declares that this act shall be liberally construed to accomplish that end.

NEW SECTION. Sec. 2. (1) If a mobile home park or any portion of it is to be closed, converted to another use, or in any manner cease to be used as a mobile home park, the landlord shall not terminate the tenancy of a resident of the mobile home park until the following requirements are met:

(a) The landlord shall provide a preliminary notice to each resident of the mobile home park and any existing tenant association informing them of the proposed closure, conversion, or cessation of use and of their rights under section 4 of this act to have their mobile home appraised and purchased by the landlord or relocated to another mobile home park at the landlord's expense. The preliminary notice does not constitute, nor may it include, a notice to the tenant to terminate tenancy. The preliminary notice shall inform the tenant that the landlord must provide at least a three-year notice before actual eviction from the mobile home park and that the three-year notice period does not begin to run until the landlord's park closure plan has been subject to public comment and hearing pursuant to section 3 of this act and approved by the appropriate local governmental body; and

(b) The park closure plan required by this section has been subjected to public comment and hearing under section 3 of this act and approved by the appropriate local governmental body.

(2) A notice to terminate the tenancy of a mobile home park resident without compliance with this section is void and unenforceable.

NEW SECTION. Sec. 3. (1) The legislative authority of a county where a mobile home park is located shall designate a county agency to receive and evaluate mobile home park closure plans, to conduct hearings on those plans, and to approve or disapprove the plans.

(2) In the event of the conversion of a mobile home park to another use or before the closure of a mobile home park or cessation of use of the land as a mobile home park, the landlord shall file a plan with the appropriate local zoning or other governmental agency designated for this purpose by the county legislative authority for assessing the impact of the conversion, closure, or cessation of use upon the displaced residents of a mobile home park to be converted or closed. The park closure plan shall contain:

(a) A description of available adequate replacement housing or mobile home park spaces;

(b) An assessment of the impact of the conversion or closure on the number of available mobile home rental spaces in the affected local community;

(c) A description of actions taken to comply with the purchase or relocation requirements of section 4 of this act and including a copy of each relocation assistance agreement between the landlord and each displaced mobile home park resident;

(d) A time table for vacating the mobile home park being converted or closed;

(e) A description of all other measures taken by the landlord to mitigate the impact of the mobile home park conversion or closure on its residents.

(3) The park closure report is subject to the public notice and comment provisions of this section. The landlord, person, or entity filing the report or any affected mobile home park resident may request, and has the right to, a hearing before the appropriate local governmental body on the sufficiency of the park closure report.

(4) The appropriate local governmental body shall review the report to ensure that it satisfies the requirements of this section.

(5) The landlord, person, or entity seeking the conversion or closure of the mobile home park shall not terminate the tenancy of a park resident until the park closure plan has been approved by the appropriate local governmental body. Any notice to terminate the tenancy of a mobile home park resident without compliance with this section is void and unenforceable.

NEW SECTION. Sec. 4. (1) In the event of the conversion of a mobile home park to another use or its closure or cessation of use as a mobile home park, the landlord, before the service of a notice to terminate the tenancy of a mobile home park resident, shall provide written notice to affected mobile home park residents of their option to require the landlord to either purchase the resident's mobile home or pay to relocate the mobile home to another mobile home park, of like quality and standards, within one hundred miles of the mobile home park to be converted or closed.

(2) At the resident's election, the landlord shall either:

(a) Pay relocation costs in the amount of four thousand dollars for a single-wide mobile home or seven thousand five hundred dollars for a double-wide mobile home; or

(b) Purchase the mobile home and all appurtenances to it at a value to be determined as follows:

(i) A mutually agreed upon appraiser will assess the book value of the mobile home and the cash value of all appurtenances to it and the market value of the mobile home as situated immediately before the notice of change in land use. The NADA mobile home-manufactured housing appraisal guide shall be used as a guide for determining the value. The tenant and the landlord shall share equally in the cost of the appraisal.

(ii) The homeowner is entitled to the book value of the mobile home and the cash value of the appurtenances.

(iii) Between the date of the appraisals referred to in this subsection and the delivery of title and possession of the mobile home and all appurtenances to it to the landlord, person, or entity causing the change of use, the homeowner shall maintain the mobile home and the appurtenances in the condition existing on the date of the appraisals, ordinary wear and tear excepted.

(3) The mobile home owner or the landlord may apply to the district or superior court in the county where the mobile home park is located for purposes of selecting an appraiser to determine the value of the mobile home and appurtenances or for resolution of any dispute arising under this section.

NEW SECTION. Sec. 5. Sections 2 through 4 of this act are added to chapter 59.20 RCW.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.