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S.B. 95
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 2, 2009 at 10:21 AM by rday. -->
Senate Committee Amendments 2-2-2009 rd/vs
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7 LONG TITLE
8 General Description:
9 This bill requires that a lease between a mobile home park and a resident disclose the
10 utilities owned and maintained by the mobile home park.
11 Highlighted Provisions:
12 This bill:
13 . requires that a lease between a mobile home park owner and a resident disclose the
14 utilities owned and maintained through service fees charged to the resident by the
15 mobile home park; S. [
15a . requires a mobile home park owner to include a full disclosure on a resident's utility
15b bill of the resident's utility charges if the mobile home park uses a single-service meter; and 15c .S
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 57-16-4, as last amended by Laws of Utah 2002, Chapter 255
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 57-16-4 is amended to read:
27 57-16-4. Termination of lease or rental agreement -- Required contents of lease --
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29 restriction of amenities.
30 (1) A mobile home park or its agents may not terminate a lease or rental agreement
31 upon any ground other than as specified in this chapter.
32 (2) Each agreement for the lease of mobile home space shall be written and signed by
33 the parties.
34 (3) Each lease shall contain at least the following information:
35 (a) the name and address of the mobile home park owner and any persons authorized to
36 act for the owner, upon whom notice and service of process may be served;
37 (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into
38 on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has
39 under Subsection (1) against unilateral termination of the lease by the mobile home park except
40 for the causes described in Section 57-16-5 ;
41 (c) (i) a full disclosure of all rent, service charges, and other fees presently being
42 charged on a periodic basis; and
43 (ii) a full disclosure of utility infrastructure owned by the mobile home park owner or
44 its agent that is maintained through service charges and fees charged by the mobile home park
45 owner or its agent;
46 (d) the date or dates on which the payment of rent, fees, and service charges are due;
47 and
48 (e) all rules that pertain to the mobile home park [
49 grounds for eviction, including, in leases entered into on or after May 6, 2002, a conspicuous
50 disclosure regarding:
51 (i) the causes for which the mobile home park may terminate the lease as described in
52 Section 57-16-5 ; and
53 (ii) the resident's rights to:
54 (A) terminate the lease at any time without cause, upon giving the notice specified in
55 the resident's lease[
56 (B) advertise and sell the resident's mobile home.
57 [
58 until 60 days after notice of the increase is mailed to the resident.
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60 (i) increase service charges [
61 notice to the resident [
62 (ii) pass through increases or decreases in electricity rates [
63 the resident.
64 (c) Annual income to the park for service charges may not exceed the actual cost to the
65 mobile home park of providing the services on an annual basis.
66 (d) In determining the costs of the services, the mobile home park may include
67 maintenance costs related to those utilities [
68 [
69 and service charges are due unless the mobile home park provides a 60-day written notice
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71 [
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73 to a resident is void and unenforceable.
74 (b) The mobile home park:
75 (i) may[
76 home who intends to become a resident[
77 (ii) may not [
78 approval;
79 (iii) may require proof of ownership as a condition of approval[
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81 (iv) may unconditionally refuse to approve any purchaser of a mobile home who does
82 not register [
83 [
84 request [
85 of any mobile home located in the park from the Motor Vehicle Division.
86 [
87 or to sell [
88 (b) A mobile home park may limit the size of a "for sale" sign affixed to the mobile
89 home to not more than 144 square inches.
Senate Committee Amendments 2-2-2009 rd/vs
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92 through an agent designated by the mobile home park.
93 [
94 (9) A mobile home park[
95 park upon sale if:
96 (a) the mobile home park wishes to upgrade the quality of the mobile home park; and
97 [
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100 amenities, the mobile home park shall:
101 (a) schedule at least one meeting for the purpose of discussing the proposed restriction
102 or reduction of amenities with residents; and [
103 (b) provide at least ten days advance written notice of the date, time, location, and
104 purposes of the meeting to [
104a S. (11) If a mobile home park uses a single-service meter, the mobile home park owner shall
104b include a full disclosure on a resident's utility bill of the resident's utility charges.
105 [
105a posted
106 at all times in a conspicuous place in the mobile home park.
Legislative Review Note
as of 11-25-08 3:40 PM