WSR 02-24-008




[ Filed November 22, 2002, 2:53 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-15-101.

     Title of Rule: New WAC 365-212-010, 365-212-020, 365-212-030, 365-212-040, 365-212-050, 365-212-060, 365-212-070, 365-212-080 and 365-212-090 address changes to chapter 59.21 RCW, the mobile home relocation assistance program.

     Purpose: Rule making will implement 2002 legislative changes that establish allowable expenses for mobile home relocation reimbursement, change the criteria for eligibility, establish criteria for a home that is "not relocatable," and for priority distribution to residents of parks closed due to "park owner fraud" or "health and safety concerns."

     Statutory Authority for Adoption: Chapter 59.21 RCW, RCW 43.330.040.

     Statute Being Implemented: Chapter 59.21 RCW.

     Summary: The proposed new rules implement changes to chapter 59.21 RCW which establish new eligibility and distribution requirements, allowable reimbursable expenses, application instructions, and required documentation.

     Reasons Supporting Proposal: No rules currently exist.

     Name of Agency Personnel Responsible for Drafting, Implementation and enforcement: Cindy LaRose/Teri Ramsauer, P.O. Box 48350, Olympia, WA 98504-8350, 725-2957/725-2960.

     Name of Proponent: Community, Trade and Economic Development, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Rule making will implement 2002 legislative changes that establish allowable relocation reimbursement expenses, define the criteria for eligibility, establish criteria for a home that is "not relocatable," and for distribution priority for a park closed due to "park owner fraud" or "health and safety concerns."

     Anticipated Effects:

•     Ensures only the lowest of income receive reimbursement for required relocation expenses.

•     Ensures the program is administered consistently and fairly by establishing clear allowable expenses.

•     Requires that residents evicted from parks closed due to fraud receive reimbursement priority.

•     Expands the use of the fund to include down payment assistance for homeowners who wish to remove and demolish their existing home and purchase a new one.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are interpretive and change and clarify the methods for program administration. No fees are established by rules and no economic impacts exists.

     RCW 34.05.328 does not apply to this rule adoption. By RCW definition this rule adoption is an "interpretive rule" and not a "significant legislative rule." In addition, community, trade and economic development is not listed as one of the agencies required to comply with this RCW.

     Hearing Location: Best Western Airport Executel, 30727 International Boulevard, Lower Level Conference Room, SeaTac, WA 98298, on January 7, 2003, at 4-7 p.m.

     Assistance for Persons with Disabilities: Contact Cindy LaRose, 725-2957, by ten days prior to hearing.

     Submit Written Comments to: CTED/OCD, Office of Manufactured Housing, P.O. Box 48350, Olympia, WA 98504-8350, fax (360) 586-5880, by January 7, 2003.

     Date of Intended Adoption: January 7, 2003.

November 19, 2002

Martha Choe



WAC 365-212-010   What definitions apply to this chapter?   (1) "Department" means the department of community, trade and economic development.

     (2) "Office of manufactured housing" means the same as the office of mobile home affairs as described in RCW 59.22.050.


WAC 365-212-020   How do I contact the office of manufactured housing?   (1) You may write the office of manufactured housing at:


     Office of Manufactured Housing

     P.O. Box 48350

     Olympia, WA 98504-8350

     (2) You may call the automated services request line at:

     1-800-964-0852 (within WA state)

     1-360-725-2971 (Olympia area or outside WA state)


WAC 365-212-030   Who is eligible to receive relocation assistance?   (1) Eligibility for relocation assistance is limited to low-income households. For purposes of this chapter, "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 at the time of closure.

     (2) Persons who meet the low-income criteria are eligible for assistance if they:

     (a) Owned their home and lived in the park at the time the notice of closure or conversion to another use was delivered to all tenants; and

     (b) Maintained ownership of the home and either:

     (i) Relocated their home; or

     (ii) Disposed of a home that cannot be relocated; and

     (c) Submit a completed application as set out in WAC 365-212-040.

     (3) Relocation assistance shall be paid on a first-come-first-served basis.


WAC 365-212-040   What constitutes a completed application?   An application shall be considered complete when the applicant has submitted to the department an application on a form approved by the department together with:

     (1) Income verification such as pay stubs, tax statements, documentation from a local, state or federal agency such as department of social and health services, employment security, Social Security, or any other documentation of income as determined by the department;

     (2) 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;

     (3) 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;

     (4) A copy of the contract for relocating the home or other proof of actual relocation expenses. Documentation must include either the date of relocation or actual dates expenses were incurred;

     (5) A statement of any other assistance received;

     (6) For a home that cannot be relocated, applicants must provide:

     (a) Adequate proof that the home cannot be relocated pursuant to WAC 365-212-070; and

     (b) Documentation of the purchase of another mobile/manufactured home pursuant to WAC 365-212-080.


WAC 365-212-050   If I meet the requirements, how much assistance could I be eligible for?   (1) Eligible applicants may be reimbursed for actual relocation expenses up to:

     (a) Three thousand five hundred dollars for a single-wide; or

     (b) Seven thousand dollars for a double-wide home.

     (2) These maximum amounts apply to all expenses incurred to:

     (a) Relocate the existing home; or

     (b) Demolishing the existing home and pay a down payment toward another home pursuant to RCW 59.21.010(6).


WAC 365-212-060   What expenses are allowable for reimbursement?   (1) The department is authorized to reimburse applicants for actual expenses, up to the maximum amounts, incurred in physically relocating their home. For homes that cannot be relocated, actual relocation expenses also include the costs for demolition of the existing home and the down payment toward the purchase of another home pursuant to RCW 59.21.010(6).

     (2) Examples of reimbursable relocation expenses include, but are not limited to, the following:

     (a) Breakdown of the home and preparation for transport. May include removing steps, decks, skirting, securing home for travel, etc.;

     (b) Installation of the home at a new site. May include blocking, ERBS, plumbing, sewer connections, skirting, tie downs, utility/electrical connections, vapor barrier, site preparation, etc.;

     (c) Transportation of the home to a new site or to a disposal facility, if not included in breakdown or installation costs;

     (d) Awnings - relocation of existing awnings or purchase of new awnings if required by park;

     (e) Hotel accommodations - if new site is not available or relocation to new site takes more than one day;

     (f) Insurance - one time only for transporting home, etc., if not included in transportation fee;

     (g) Mileage-personal vehicle to/from new site for set up;

     (h) Nonrefundable fees - application fees, credit/screening fees;

     (i) Permits - local and state;

     (j) Porch/decking - when originally attached to home;

     (k) Loan interest fees - when loan is for the sole purpose of relocating;

     (l) Relocating internal items - such as household goods or furniture;

     (m) Rental moving equipment - car, hauling equipment, trucks, etc.;

     (n) Septic tanks on private land - installation and hook up;

     (o) Siding replacement/repair - when damaged due to relocation;

     (p) Stairs - if originally connected to home;

     (q) Temporary storage for home - if new site is not available;

     (r) Telephone - disconnection/reconnection costs only;

     (s) Utility conversion/upgrade - when necessary in new park;

     (t) Utility/electrical connections from street - when relocating onto private land; and

     (u) Any other actual expenses determined by the department to be reimbursable.


WAC 365-212-070   What documentation must I provide as adequate proof a home cannot be relocated?   Applicants who dispose of their homes must provide:

     (1) The demolition certificate from the county; and

     (2) One of the following forms of documentation:

     (a) A detailed receipt from the disposal site, landfill or other recipient of your demolished home;

     (b) A detailed statement from a Washington state certified installer describing why the home cannot be relocated; or

     (c) Any other documentation determined by the department to constitute adequate proof.


WAC 365-212-080   What documentation must I provide to be reimbursed for a down payment on another home?   Applicants must provide proof of down payment expenses that includes:

     (1) A copy of the purchase and sale agreement; and

     (2) One of the following forms of documentation:

     (a) Canceled checks to the retailer or private party that detail the transaction;

     (b) A copy of the department of licensing's title-transfer form for your home;

     (c) A copy of the receipt for the purchase; or

     (d) Any other proof of down payment as determined by the department.


WAC 365-212-090   What criteria is used to determine park-owner fraud?   In order to demonstrate that a park was closed as the result of park-owner fraud, the applicant must provide a judgment or order of a court of law indicating a finding that the park was closed due to park-owner fraud.


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