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S.B. 43

             1     

MOBILE HOME PARK RESIDENCY

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Millie M. Peterson

             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.

Office of Legislative Research and General Counsel


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