House of Representatives
Office of Program Research
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.
Title: An act relating to minimum terms for closure or conversion notices for mobile home parks and manufactured housing communities.
Brief Description: Requiring a minimum of three years' notice on closures or conversions of mobile home parks and manufactured housing communities.
Sponsors: Representatives Robinson, McBride, Pellicciotti, Orwall, Macri, Ormsby, Gregerson, Kloba, Pollet, Appleton, Bergquist, Tharinger, Clibborn, Farrell and Dolan.
Hearing Date: 2/1/17
Staff: Cece Clynch (786-7195).
The Manufactured/Mobile Home Landlord-Tenant Act .
The Manufactured/Mobile Home Landlord-Tenant Act (MHLTA) governs the legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a lot within a mobile home park or manufactured housing community where the tenant has no ownership interest in the property or in the association which owns the property. For the MHLTA to apply, the tenant must own or be buying the type of home the MHLTA covers and be using it as his or her primary home, and the tenant must live in a mobile home park or manufactured housing community.
Under the MHLTA, a rental agreement must be for a term of at least one year unless otherwise agreed. The landlord must offer a term of one year and is prohibited from offering better terms, such as a lower monthly rent, for a month-to-month tenancy. A tenant may, however, waive the right to a one year tenancy by signing a written waiver. At any anniversary date of the tenancy, the tenant may require that the landlord provide a written rental agreement for a term of one year.
Landlords are prohibited from allowing a mobile home to be moved into a mobile home park until a written rental agreement has been signed by, and is in the possession of, the parties. If the tenant is allowed to move a mobile home into the park absent a written agreement, the term of the tenancy is deemed to be for one year from the date of occupancy.
The agreement must include, among other things, a promise by the landlord that, except for acts or events beyond his or her control, the mobile home park will not be converted to a land use that will prevent the lease from continuing for a period of three years after the beginning of the term of the agreement or a statement, in large, bold face type, that the park may be sold at any time after the required 12 months' notice with the result that the park may be closed.
A landlord may end or refuse to renew a tenancy only for certain reasons enumerated in statute, including change of land use or conversion. In the case of closure or conversion, the landlord must provide tenants with 12 months' notice. Additionally, the notice must be given to the director of the Department of Commerce and posted at all entrances.
Summary of Bill:
Before park closure or conversion, a three years' written closure notice must be given to all tenants, posted at the park, and given to the Director of the Department of Commerce. The written notice is titled "Closure Notice to Tenants" and must be in the form specified. Information must be provided regarding park or community management and ownership, relocation assistance resources, and purchaser information, including whether the owner is willing to entertain an offer by an organization or group consisting of park or community tenants or a not-for-profit agency designated by the tenants.
A rental agreement must include a statement, in large, bold-faced type, that the park may be sold or otherwise transferred after the required three-year closure notice. Language is stricken that gave the landlord the option of either promising not to sell for three years or including a statement, in large, bold-faced type, that the park may be sold at any time after the twelve months' notice. In the event that a closure notice is already in effect, the rental agreement must contain a copy.
A tenant selling a home within a park must provide the buyer with a copy of any closure notice provided by a landlord at least seven days in advance of the intended sale and transfer.
A landlord's authority to end or refuse to renew a tenancy based on change of land use is conditioned upon providing tenants with three years' notice of closure, unless:
the manufactured/mobile home community has been acquired for or is under imminent threat of condemnation;
the manufactured/mobile home community is sold to:
an organization comprised of park or community tenants;
a nonprofit organization;
a local government; or
a housing authority for the purposes of preserving the park or community; or
the landlord compensates the tenants for the loss of their homes at their assessed value prior to a change of use or sale of the property.
Fiscal Note: Not requested.
Effective Date: The bill contains an emergency clause and takes effect immediately.