Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Housing, Community Development & Veterans Committee |
HB 1207
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. |
Brief Description: Concerning manufactured housing communities.
Sponsors: Representatives Ryu, Jenkin, Dolan and Pollet.
Brief Summary of Bill |
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Hearing Date: 2/1/19
Staff: Cassie Jones (786-7303).
Background:
In general, cities and counties may adopt land use regulations that establish rules for the siting of manufactured/mobile homes within manufactured/mobile home parks pursuant to the police powers granted to cities and counties by the Washington Constitution. However, the Constitution requires that a city or county's exercise of its police power may not conflict with state law.
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.
For purposes of the MHLTA:
"Manufactured home" means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also: (a) includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater.
"Manufactured/mobile home" means either a manufactured home or a mobile home.
"Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes.
"Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model.
"Park model" means a recreational vehicle intended for permanent or semi-permanent installation and is used as a primary residence.
Summary of Bill:
A provision is added to the MHLTA that authorizes a landlord or a tenant to site any size new or used manufactured/mobile home or park model and appurtenances on a mobile home lot in accordance with the lot sizes, separation and setback distances, and other requirements in effect at the time of the approval of the manufactured/mobile home park, except as expressly preempted by the requirements of any state agency relating to the siting of manufactured homes.
If lot sizes, separation and setback distances, or other requirements were nonexistent at the time the manufactured/mobile home park was established, authorities with jurisdiction may impose reasonable requirements to meet health and safety standards. Authorities must act in good faith to avoid the elimination of a viable lot for the siting of a home.
Appropriation: None.
Fiscal Note: Requested on January 21, 2019.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.