SENATE BILL REPORT

SB 5433

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 8, 2011

Title: An act relating to protecting consumers who live in manufactured/mobile home communities by modifying the manufactured/mobile home landlord-tenant act.

Brief Description: Modifying certain provisions of the manufactured/mobile home landlord-tenant act.

Sponsors: Senators Fraser, Conway, Kastama, Keiser, Chase, Rockefeller, McAuliffe and Nelson.

Committee Activity: Financial Institutions, Housing & Insurance: 2/08/11.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE

Staff: Edward Redmond (786-7471)

Background: Manufactured/mobile home communities are governed by the Manufactured/Mobile Home Landlord-Tenant Act (Act). The Act outlines the rights and responsibilities of manufactured/mobile home landlords and tenants including rental agreements; prohibited acts by the landlord; sale, closure, or conversion of the mobile home park; tenant's rights in the event of proposed sale, closure, or conversion; grounds for termination of tenancy; maintenance responsibilities; and health and sanitation.

Summary of Bill: Various provisions within the Act are modified as follows:

Enforceability of Rules Against a Tenant. A landlord may only adopt or modify rules of a mobile home park after obtaining a tenant's written consent. Any mutually agreed upon change or modification of the rules will take effect at the end of the rental period subject to the landlord meeting certain notification requirements. The landlord must notify the tenant in writing three months prior to the end of the rental period regarding the mutually agreed upon changes to the rules. This right is non-waivable by the tenant.

Grounds for Termination or Nonrenewal. Provisions authorizing the termination of a lease are amended. A landlord may terminate or not renew a lease if the landlord serves a tenant three 15-day notices within a 12 month period to comply or vacate for failure to substantively comply with rental terms.

Duties of the Landlord. The landlord is required to keep the mobile home park, including vacant lots, in good condition by regularly landscaping property and taking steps to prevent the accumulation of water, snow, or ice. The landlord and on-site employees must comply with all statutes, codes, and regulations applicable to the mobile home park.

Maintenance of Permanent Structures. The landlord must provide an appropriate adjustment to a tenant's rent if the landlord removes a permanent structure from the mobile home park. Such structures include, but are not limited to, recreational facilities, trees, and natural fencing.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.