HOUSE BILL REPORT

SHB 1673

BYHouse Committee on Housing (originally sponsored by Representatives Todd, Barnes, Nutley, Cooper, Cantwell, Sanders, Sayan, Crane, Unsoeld, Rasmussen, Sprenkle, J. Williams, Leonard, Cole, Dorn, Patrick, Pruitt and Beck)

Establishing an office of mobile home affairs.

House Committe on Housing

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (8)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Barnes, Sanders, Todd, J. Williams and Wineberry

Minority Report:  Do not pass.  (1)

      Signed by Representative Padden

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE FEBRUARY 9, 1988

BACKGROUND:

There are several interrelated issues to consider when addressing mobile or manufactured homes.

The department of community development is a department created to assist in providing financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with access to opportunities for production and coordinated development beneficial to the well-being of the communities and their residences.  A significant portion of the department's efforts have focused on housing issues.

Mobile homes or manufactured homes are built in factories, the construction of which, since 1976, has been regulated by the Department of Housing and Urban Development (HUD).  These homes are built with wheel chassis.  Once put on a site, the wheels, hitch, and axles are often removed to make the home more permanent.

Mobile or manufactured homes are placed on land that is either owned by the owner of the mobile home or that is rented from someone.  Some units are in parks composed of lots or spaces which are rented to the mobile home owner.

Disputes sometimes occur between landlords and tenants, or between park owners and mobile home owners.  This area is covered by the mobile home landlord-tenant act.  How effective these laws are at resolving disputes is often argued by both sides of the issue.  No state agency is responsible for overseeing this area.

Finally, an ombudsman is generally thought of as a government official charged with investigating citizens' complaints, or one who helps to achieve settlements between parties with a dispute.

SUMMARY:

An office of mobile home affairs is created in the Department of Community Development.  The office will deal with matters relating to mobile or manufactured homes, and will act to coordinate state agencies in this area.

The mobile home affairs office will provide an ombudsman service to assist in the resolution of disputes between park owners and tenants, to help access governmental services related to the health and safety of mobile home parks, and to provide technical assistance in converting mobile home parks to resident ownership.

A five member advisory committee composed of one representative each from mobile home manufacturers, mobile home park owners, mobile home tenants, local government and the public is established.  This advisory committee is to provide input to the Department of Community Development regarding mobile home issues, although mobile home landlord-tenant issues are to be reviewed only by representatives from the park owners, the tenants and the public.  The advisory group is to be a subcommittee of a state housing advisory committee if the department of community development creates one.

The office of mobile home affairs is to be funded through a one dollar per space charge to park owners and tenants, to be collected by park owners.

EFFECT OF SENATE AMENDMENT(S):  The amendment makes changes to the office of mobile home affairs and adds provisions to the bill that change mobile home dealer licensing requirements.

The changes to the office of mobile home affairs include:  (1) the fee of one dollar per space per year paid by the landlord and the tenant is to be collected by the department of revenue.  The department is to charge up to $40,000 for the first two years for this service, and $5,000 per year thereafter; (2) the office cannot consider, recommend, or develop policies or programs related to rent control or rent stabilization; and (3) several terms are defined, including mobile home, manufactured home, landlord, and tenant.

Changes are made to the dealer licensing statutes to allow a mobile home park owner who sells mobile homes located on lots within the park to be licensed as a dealer without meeting the following requirements:  (1) having a commercial building or office with signs and a display area, (2) complying with applicable zoning and land use requirements, and (3) not conducting a business in a dwelling.  Only dealer licensing requirements are changed; local zoning or land use regulations are not affected.  A homeowner who sells his or her mobile home in the park has all the rights available under the mobile home landlord-tenant act.

Fiscal Note:      Requested January 18, 1988.

House Committee ‑ Testified For:    Fred Brune, Mobile Home Park Owners Association; Ron Clarke, Washington Manufactured Housing Association; Arnold Anderson, Washington Mobile Home Park Owners Association; John Jensen, Mobile Home Owners Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This office can help gather data on mobile home issues that can be used by the legislature to make housing policy in this area.  The ombudsman can help educate the public and can assist in resolving landlord-tenant disputes.  The office can also help to coordinate the many state agencies involved with mobile homes.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 85; Nays 10; Excused 3

Voting Nay: Representatives Ballard, Bumgarner, Chandler, Fuhrman, McLean, Moyer, Nealey, Padden, Silver, Smith C

Excused:    Representatives Butterfield, Taylor, Williams B