Download Zipped Introduced WP 9 SB0043.ZIP 4,661 Bytes
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S.B. 43
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5 This act modifies the Mobile Home Park Residency Act. The act prohibits a mobile park
6 owner from retaliating against a resident after the resident has organized or become a
7 member of a residents' union, association, or similar organization.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 57-16-5.5, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 57-16-5.5 is enacted to read:
13 57-16-5.5. Owner retaliatory conduct prohibited.
14 (1) A mobile park owner may not retaliate against a resident who is in compliance with
15 the rental agreement by establishing or changing the terms of a rental agreement, failing to renew
16 a rental agreement, or bringing or threatening to bring an action for possession against a resident
17 after the resident has organized or become a member of a residents' union, association, or similar
18 organization.
19 (2) If a mobile park owner acts in violation of Subsection (1), the resident is entitled to an
20 amount equal to 1/6 of the annual rent and twice the actual damages sustained by the resident, and
21 has a defense in any retaliatory action against the resident for possession.
22 (3) Nothing in this section shall be construed as prohibiting reasonable rent increases or
23 changes in services notwithstanding a resident's organizing under Subsection (1), if the mobile
24 park owner can establish that the increased rent or changes in services are consistent with those
25 imposed on other residents of similar rental units and are not directed at the particular resident.
Legislative Review Note
as of 12-13-00 11:03 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.