FINAL BILL REPORT

                  HB 1378

                         C 359 L 99

                     Synopsis as Enacted

Brief Description:  Regulating manufactured and mobile home landlord‑tenant relations.

Sponsors:  Representatives Veloria, Dunn, Morris, Kastama, Van Luven, Ogden, Kenney, Bush, Santos, Fortunato, Hurst, Edwards, O'Brien, McDonald and Keiser.

House Committee on Economic Development, Housing, & Trade

Senate Committee on Commerce, Trade, Housing & Financial Institutions

Background:

The Mobile Home Landlord-Tenant Act regulates the relationship between the owner of a mobile home park (landlord) and the owner of the mobile home (tenant).  Key provisions of the act require the tenant to be offered a written agreement for a term of at least one year, prohibits certain action by the landlord, and specify the duties of the landlord and the tenant.

A landlord is required to give proper written notice to the tenant.  The notice can be served to the tenant on behalf of the landlord: (1) by delivering a copy personally to the tenant; or (2) leaving a copy at the mobile home with a person of suitable age and discretion and sending a copy through the mail to the tenant's address; or (3) by affixing a copy in a conspicuous place on the mobile home if the tenant is absent and no one available of suitable age and discretion is present.

A landlord may require a tenant to pay a deposit as security for performance of the tenant's obligations in a rental agreement.  The security deposit must be deposited by the landlord into a trust account maintained by the landlord for the express purposes of holding security deposits.  Any interest earned on the tenant's security deposit is retained by the landlord.

Summary:

The Mobile Home Landlord-Tenant Act is revised to: (1) reflect current terminology regarding manufactured homes, mobile homes, and park models; (2) require park management to make reasonable efforts to notify tenants of their intention to enter the mobile home lot; (3) require landlords to place security deposits that exceed an amount greater than two months' rent into an interest-bearing account, with interest paid to the tenant; and (4) require local governments to send to the mobile home park owner a copy of any permit issued to either move or install a unit.

The following terms are defined: (1) "manufactured home" means a single-family home built after 1976 and to the standards of the federal Manufactured Home Construction and Safety Standards Act; (2) "mobile home" means a factory-built dwelling built prior to 1976 and to standards other than the federal Manufactured Home Construction and Safety Standards Act; and (3) "park model" means a recreational vehicle intended for permanent or semi-permanent installation and habitation.  These definitions are incorporated throughout existing statutes and replace the single term "mobile home."

A mobile home park owner may: (1) prohibit entry or require the removal of an individual unit if it presents a fire or safety concern; and (2) require that the individual unit meet applicable fire and safety standards as a condition of transferring a rental agreement in the sale of the individual unit to another person.

The mobile home park management must make a reasonable effort to notify the tenant of their intention to enter the land on which the individual unit is located.  This provision does not apply to an emergency situation in which a danger to people or property exists.

The landlord's written notice requirements are revised to remove the provision allowing the notice to be left with a person of suitable age and discretion and then a copy to be mailed to the tenant's address if the tenant is absent.  The other notice requirements remain in effect.

A landlord is required to pay interest on deposits required as security for performance of the tenant's obligations in a rental agreement.  The security deposit must be deposited by the landlord into an interest-bearing trust account maintained by the landlord for the express purposes of holding security deposits.  All interest earned on the tenant's security deposit, minus fees charged to administer the account, must be paid annually to the tenant.

All local governments are required to send to the mobile home park landlord a copy of any permit issued to a tenant or the tenant's agent to either move or install a unit in a mobile home park.

Votes on Final Passage:

     House  98 0

Senate 32 16 (Senate amended)

House(House refused to concur)

Senate(Senate refused to receded)

House(House refused to concur)

Senate3111(Senate refused to recede)

Effective:July 1, 1999