HOUSE BILL REPORT

                 ESB 5154

                       As Passed House

                        March 2, 1994

Title:  An act relating to mobile home rental parks.

Brief Description:  Concerning the maintenance in mobile home parks.

Sponsors:  Senator Winsley.

Brief History:

  Reported by House Committee on:

Trade, Economic Development & Housing, February 24, 1994, DP.

Passed House,  March 2, 1994. 93-0.

HOUSE COMMITTEE ON TRADE, ECONOMIC DEVELOPMENT & HOUSING

Majority Report:  Do pass.  Signed by 13 members:  Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.

Staff:  Bill Lynch (786-7092).

Background:  Some mobile home park owners have transferred the responsibility for the maintenance and care of permanent structures in the mobile home park to the park tenants.  Some park tenants have expressed concern they are unable to obtain insurance on these structures because they do not own them, may be injured while trying to repair the structures, or don't have the resources to maintain the structures.

Summary of Bill:  A mobile home park owner is prohibited from transferring the responsibility for the maintenance or care of permanent structures in the park to park tenants.  A park owner may transfer such responsibility to a tenant or tenant association when requested by the tenant or tenant association.

"Permanent structures" include the clubhouse, carports, storage sheds or any other permanent structures provided as amenities to the park tenants.  Structures built or affixed by the park tenants are not considered permanent structures.

Any provision in a rental agreement or other document transferring responsibility for the maintenance or care of permanent structures in the park to the park tenants is void.

Fiscal Note:  Available.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The park tenants do not own these structures.  Many senior citizens do not have the resources or physical capability to do repairs.  Tenants cannot get insurance on the structures and are concerned about liability.

Testimony Against:  None.

Witnesses:  Senator Shirley Winsley, prime sponsor (pro).