S-1681.2
SUBSTITUTE SENATE BILL 5183
State of Washington | 66th Legislature | 2019 Regular Session |
BySenate Housing Stability & Affordability (originally sponsored by Senators Kuderer, Pedersen, Wellman, Saldaña, Liias, and Wilson, C.)
READ FIRST TIME 02/21/19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
59.21.005 and 1995 c 122 s 2 are each amended to read as follows:
The legislature recognizes that it is quite costly ((to move a mobile home))for tenants who own homes in manufactured/mobile home parks to relocate when the park in which they reside is closed or converted to another use. Many ((mobile home))such tenants need financial assistance in order to ((move their mobile homes from a))relocate from a manufactured/mobile home park. The purpose of this chapter is to provide a mechanism for assisting manufactured/mobile home tenants to relocate their manufactured/mobile homes to suitable alternative sites ((when the mobile home park in which they reside is closed or converted to another use))or demolish and dispose of their homes and secure housing.
Sec. 2. RCW
59.21.010 and 2009 c 565 s 47 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Assignee" means an individual or entity who has agreed to advance allowable relocation assistance expenses in exchange for the assignment and transfer of a right to reimbursement from the fund.
(2) "Department" means the department of commerce.
(((2)))(3) "Director" means the director of the department of commerce.
((
(3)))
(4) "Fund" means the
manufactured/mobile home park relocation fund established under RCW
59.21.050.
(((4)))(5) "Landlord" or "park-owner" means the owner of the manufactured/mobile home park that is being closed at the time relocation assistance is provided.
(((5)))(6) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the manufactured/mobile home is located.
(7) "Manufactured/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 manufactured/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)))(8) "Relocate" means to do one of the following:
(a) Remove ((the))a manufactured/mobile home from ((the))amanufactured/mobile home park being closed and ((to either)) reinstall it in another location ((or to)); or
(b) Remove a manufactured/mobile home from a manufactured/mobile home park being closed and demolish and dispose of it ((and purchase another mobile/manufactured home constructed to the standards set by the department of housing and urban development))and secure other housing.
(((7)))(9) "Relocation assistance" means the monetary assistance provided under this chapter, including reimbursement for the costs of relocation as well as cash assistance provided to allow the tenant to secure new housing.
(10) "Tenant" means a person that owns a manufactured/mobile home located on a rented lot in a manufactured/mobile home park.
Sec. 3. RCW
59.21.021 and 2005 c 399 s 5 are each amended to read as follows:
(1) If a manufactured/mobile home park is closed or converted to another use ((after December 31, 1995)), eligible tenants shall be entitled to relocation assistance on a first-come, first-serve basis. The department shall give priority for distribution of relocation assistance to eligible tenants residing in parks that are closed as a result of park-owner fraud or as a result of health and safety concerns as determined by the local board of health. Payments shall be made upon the department's verification of eligibility, subject to the availability of remaining funds.
(2) Eligibility for relocation assistance funds is limited to low-income households. ((As used in this section, "low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the mobile or manufactured home is located.
))
(3) ((Persons))(a) Eligible tenants who ((removed and disposed of their mobile home or maintained ownership of and relocated their mobile homes))relocate are entitled to ((reimbursement of actual relocation expenses))financial assistance from the fund, up to a maximum of twelve thousand dollars for a ((double-wide))multisection home and up to a maximum of seven thousand five hundred dollars for a single-((wide))section home. The department shall distribute relocation assistance for each eligible tenant as follows:
(i) Up to forty percent of the total assistance may be dispersed in the form of cash assistance to help the tenant secure new housing; and
(ii) The remainder of the total assistance shall be dispersed as reimbursement for costs associated with relocation.
(b) To receive financial assistance as provided in (a)(i) of this subsection, documentation must be provided to the department that demonstrates the tenant:
(i) Has relocated the home;
(ii) Established a process to secure the relocation of the home by having assigned the right to reimbursement of the relocation costs and liability for such removal or demolition and disposal to another entity; or
(iii) Has contracted to incur expenses associated with relocating the home.
(c) If the tenant is requesting financial assistance under (b)(ii) or (iii) of this subsection, the tenant, or the assignee on the tenant's behalf, must submit as part of the application described in RCW 59.21.050(2): (i) Proof of the assignation; and
(ii) Evidence that the assignee is capable of fulfilling the obligation itself or a contract or invoice for relocation of the home executed with a vendor by the tenant or the assignee.
(4) Any individual or organization may apply to receive funds from the ((mobile home park relocation)) fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section, with agreement from the tenant. ((Funds received from the mobile home park relocation fund shall only be used for relocation assistance expenses or other mobile/manufactured home ownership expenses, that include down payment assistance, if the owners are not planning to relocate their mobile home as long as their original home is removed from the park.))
Sec. 4. RCW
59.21.025 and 1998 c 124 s 3 are each amended to read as follows:
(((1))) If financial assistance for relocation is obtained from sources other than the ((mobile home park relocation)) fund ((established under this chapter)), then the relocation assistance provided to any person ((under this chapter))from the fund shall be reduced as necessary to ensure that no person receives financial assistance for relocation from all sources combined ((more than: (a) That person's actual cost of relocation; or (b) seven thousand dollars for a double-wide mobile home and three thousand five hundred dollars for a single-wide mobile home.
(2) When a person receives financial assistance for relocation from a source other than the mobile home park relocation assistance fund, then the assistance received from the fund will be the difference between the maximum amount to which a person is entitled under RCW 59.21.021(3) and the amount of assistance received from the outside source. ))in excess of that person's actual relocation expenses.
Sec. 5. RCW
59.21.050 and 2011 c 158 s 7 are each amended to read as follows:
(1) The existence of the
manufactured/mobile home park relocation fund in the custody of the state treasurer is affirmed. Expenditures from the fund may be used only for relocation assistance awarded under this chapter
and the department's costs as provided in subsection (3) of this section. Only the director or the director's designee may authorize expenditures from the fund. All relocation
assistance payments to tenants
under this chapter 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) A ((
park)) tenant is eligible for
relocation assistance under this chapter only after an application is submitted by that tenant or an organization acting on the tenant's account under RCW
59.21.021(4) on a form approved by the director ((
which))
. The application shall include: (a) ((
For those persons who maintained ownership of and relocated their homes or removed their homes from the park: (i))) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; ((
(ii)))
(b) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; ((
(iii) a copy of the contract for relocating the home which includes the date of relocation, or other proof of actual))
(c) a statement of relocation expenses
expected to be incurred ((
on a date certain)); ((
and (iv)))
(d) proof of ownership of the home at the time of notice of closure; and (e) a statement of any other available assistance((
;))
received.(((b) For those persons who sold their homes and incurred no relocation expenses: (i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (ii) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; and (iii) a copy of the record of title transfer issued by the department of licensing when the tenant sold the home rather than relocate it due to park closure or conversion.))
(3) The department may deduct a percentage amount of the fee collected under RCW
46.17.155 for administration expenses incurred by the department.
Sec. 6. RCW
46.17.155 and 2010 c 161 s 511 are each amended to read as follows:
(1) Before accepting an application for a certificate of title for an original or transfer manufactured home transaction as required in this title or chapter
65.20 RCW, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((
one hundred dollar)) fee
, in accordance with subsection (4) of this section, in addition to any other fees and taxes required by law if the manufactured home:
(a) Is located in a mobile home park;
(b) Is one year old or older; and
(c) Is new or ownership changes, excluding changes that involve adding or deleting spouse or domestic partner coregistered owners or legal owners((; and
)).
(2) The ((
one hundred dollar)) fee
amount established in subsection (4) of this section must be forwarded to the state treasurer, who shall deposit the fee in the mobile home park relocation fund created in RCW
59.21.050.
(3) The department and the state treasurer may adopt rules necessary to carry out this section.
(4) The amount of the fee that the department must collect must be 0.25 percent of the sale price of the manufactured home, but in no case may the fee be less than one hundred dollars or greater than five hundred dollars.
Sec. 7. RCW
59.30.050 and 2013 c 144 s 42 are each amended to read as follows:
(1) The department must register all manufactured/mobile home communities, which registration must be renewed annually. Each community must be registered separately. The department must mail registration notifications to all known manufactured/mobile home community landlords. Registration information packets must include:
(a) Registration forms; and
(b) Registration assessment information, including registration due dates and late fees, and the collections procedures, liens, and charging costs to tenants.
(2) To apply for registration or registration renewal, the landlord of a manufactured/mobile home community must file with the department an application for registration or registration renewal on a form provided by the department and must pay a registration fee as described in subsection (3) of this section. The department may require the submission of information necessary to assist in identifying and locating a manufactured/mobile home community and other information that may be useful to the state, which must include, at a minimum:
(a) The names and addresses of the owners of the manufactured/mobile home community;
(b) The name and address of the manufactured/mobile home community;
(c) The name and address of the landlord and manager of the manufactured/mobile home community;
(d) The number of lots within the manufactured/mobile home community that are subject to chapter
59.20 RCW; and
(e) The addresses of each manufactured/mobile home lot within the manufactured/mobile home community that is subject to chapter
59.20 RCW.
(3) Each manufactured/mobile home community landlord must pay to the department:
(a) A one-time business license application fee for the first year of registration and, in subsequent years, an annual renewal application fee, as provided in RCW
19.02.075; and
(b) An annual registration assessment of ((
ten))
fifteen dollars for each manufactured/mobile home that is subject to chapter
59.20 RCW within a manufactured/mobile home community. Manufactured/mobile home community landlords may charge a maximum of five dollars of this assessment to tenants. Nine dollars of the registration assessment for each manufactured/mobile home must be deposited into the manufactured/mobile home dispute resolution program account created in RCW
59.30.070 to fund the costs associated with the manufactured/mobile home dispute resolution program. ((
The remaining))
One dollar
of the registration assessment must be deposited into the business license account created in RCW
19.02.210.
The remaining five dollars of the registration assessment must be deposited into the mobile home park relocation fund created in RCW 59.21.050. The annual registration assessment must be reviewed once each biennium by the department and the attorney general and may be adjusted to reasonably relate to the cost of administering this chapter. The registration assessment may not exceed ((
ten))
fifteen dollars, but if the assessment is reduced, the portion allocated to the manufactured/mobile home dispute resolution program account ((
and))
, the business license account
, and the mobile home park relocation fund must be adjusted proportionately.
(4) Initial registrations of manufactured/mobile home communities must be filed before November 1, 2007, or within three months of the availability of mobile home lots for rent within the community. The manufactured/mobile home community is subject to a delinquency fee of two hundred fifty dollars for late initial registrations. The delinquency fee must be deposited in the business license account. Renewal registrations that are not renewed by the expiration date as assigned by the department are subject to delinquency fees under RCW
19.02.085.
(5) Thirty days after sending late fee notices to a noncomplying landlord, the department may issue a warrant under RCW
59.30.090 for the unpaid registration assessment and delinquency fee. If a warrant is issued by the department under RCW
59.30.090, the department must add a penalty of ten percent of the amount of the unpaid registration assessment and delinquency fee, but not less than ten dollars. The warrant penalty must be deposited into the business license account created in RCW
19.02.210. Chapter
82.32 RCW applies to the collection of warrants issued under RCW
59.30.090.
(6) Registration is effective on the date determined by the department, and the department must issue a registration number to each registered manufactured/mobile home community. The department must provide an expiration date, assigned by the department, to each manufactured/mobile home community who registers.
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