BP BHEAD INT S

AN ACT Relating to mobile home relocation assistance; adding new sections to chapter 59.21 RCW; and repealing RCW 59.21.010, 59.21.020, 59.21.030, 59.21.040, 59.21.050, 59.21.080, 59.21.085, and 59.21.095.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of the department of community, trade, and economic development.

(2) "Department" means the department of community, trade, and economic development.

(3) "Fund" means the mobile home park relocation fund established under section 5 of this act.

(4) "Low-income" means at or below eighty percent of median household income as defined by the United States department of housing and urban development, for the county or standard metropolitan statistical area where the park is located.

(5) "Mobile home park" or "park" means real property that is rented or held out for rent to others for the placement of two or more mobile homes for the primary purpose of production of income, except where the real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy.

(6) "Relocate" means to remove the mobile home from the mobile home park being closed.

(7) "Relocation assistance" means the monetary assistance provided under section 2 of this act.

NEW SECTION. Sec. 2. (1) If a mobile home park or any portion of a mobile home park is closed or converted to another use, all affected low-income park tenants owning a mobile home are entitled to relocation assistance in the form of reimbursement for actual expenses in connection with relocation up to: (a) Four thousand five hundred dollars for a single-wide mobile home; (b) seven thousand five hundred dollars for a double-wide or larger mobile home; and (c) two thousand dollars for a recreational vehicle used as a residence.

The maximum amounts set forth in this section shall be adjusted by rule annually in accordance with changes in the housing component of the consumer price index for Washington state.

(2) "Actual expenses" may include security, damage, and utility deposits, last month's rent, or other noncontinuing expenses required in connection with acquisition of replacement housing for the applicant.

(3) Relocation assistance grants payable under this chapter shall be paid from the mobile home park relocation fund created by section 5 of this act.

(4) Application for relocation assistance shall be made to the department. The director, or designee, shall verify eligibility, review documentation of expenses, and approve all expenditures from the mobile home park relocation fund.

(5) A low-income park tenant who is entitled to relocation assistance under this chapter is entitled to payment only after submitting an application that includes: (a) A copy of the notice from the park owner that the tenancy is terminated due to closure or change of use of the park; (b) a copy of the rental agreement, if any, currently in force; and (c) a copy of the contract entered into for the purpose of relocating or removing the mobile home, which includes the date of relocation or removal.

NEW SECTION. Sec. 3. Notice required by RCW 59.20.080 before park closure or conversion of the park, whether twelve months or longer, shall be given to the director and all tenants in writing, and posted at all park entrances. Notice must also include the tenant's right to relocation assistance, if applicable. Notice must also be recorded in the office of the county auditor for the county where the mobile home park is located.

NEW SECTION. Sec. 4. A tenant is not entitled to relocation assistance under section 2 of this act if a person purchases a mobile home already situated in the park or moves a mobile home into the park after a closure or change of use notice has been given and the person has received actual prior notice of the change or closure.

NEW SECTION. Sec. 5. (1) The mobile home park relocation fund is created in the custody of the state treasurer. All legislative appropriations for mobile home relocation assistance and receipts from fees collected under this chapter shall be deposited into the fund. Expenditures from the fund may be used only for relocation assistance under section 2 of this act, or transfer to the mobile home park purchase fund under subsection (2) of this section. Only the director of community, trade, and economic development or the director's designee may authorize expenditures from the fund. All relocation payments to low-income park tenants shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

(2) Unexpended and unencumbered moneys that remain in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund, separately accounted for, as a contingency reserve, or if the director determines at the end of any fiscal year beginning after December 31, 1995, that the fund contains a surplus over the projected amount needed for relocation during the upcoming year(s), any surplus may be transferred to the mobile home park purchase fund created by chapter 59.22 RCW. However, the director may cause any uncommitted funds in the mobile home park purchase fund that were transferred from the mobile home park relocation fund to be transferred back to the mobile home park relocation fund if that fund cannot otherwise meet its current obligations.

(3) The director may adopt rules for the administration of the fund.

NEW SECTION. Sec. 6. Each mobile home park owner shall pay an annual fee of five dollars for each occupied lot in the mobile home park. Lots that are occupied by mobile homes or recreational vehicles owned by the park owner are exempt from this fee requirement. The fee shall be due on October 1 of each year. The fee shall be remitted by the park owner to the department of revenue under rules as the department shall prescribe. The fee imposed under this section shall be forwarded by the department of revenue to the state treasurer for deposit into the mobile home park relocation fund. The provisions of chapter 82.32 RCW shall apply to the collection and enforcement of this fee.

NEW SECTION. Sec. 7. (1) No mobile home park may be closed or converted to another use unless no earlier than one hundred eighty days or later than ninety days prior to closure the park owner prepares and files as provided in this section a park closure impact statement. The purpose of this statement is to aid state and local government officials and the private housing assistance community to assess and marshal resources required to minimize adverse impacts on tenants created by the closure, including the prevention of homelessness. The impact statement shall include at least the following:

(a) Names and space number or other address of each tenant in the park at the time notice of closure was given;

(b) Names and space number or other address of each tenant that has left the park since the notice of closure was given;

(i) They have no current relocation plans or option other than to abandon their mobile home;

(ii) They have identified relocation options but have insufficient known resources to accomplish relocation;

(iii) They have identified relocation options that can only be accomplished by selling their mobile home; or

(iv) They anticipate being able to relocate without financial assistance.

(2) The department may adopt a rule requiring additional information.

(3) The park closure impact statement shall be filed with the office of mobile-manufactured housing, and the city or county where the park is located.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 59.21.010 and 1991 c 327 s 10, 1990 c 171 s 1, & 1989 c 201 s 1;

(2) RCW 59.21.020 and 1991 c 327 s 11, 1990 c 171 s 2, & 1989 c 201 s 2;

(3) RCW 59.21.030 and 1990 c 171 s 3 & 1989 c 201 s 3;

(4) RCW 59.21.040 and 1989 c 201 s 4;

(5) RCW 59.21.050 and 1991 sp.s. c 13 s 74, 1991 c 327 s 12, 1990 c 171 s 5, & 1989 c 201 s 5;

(6) RCW 59.21.080 and 1990 c 171 s 9 & 1989 c 201 s 11;

(7) RCW 59.21.085 and 1991 c 327 s 15; and

(8) RCW 59.21.095 and 1991 c 327 s 9.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 59.21 RCW.