Second Substitute H.B. 63

Representative Janice M. Fisher proposes the following substitute bill:

1 MOBILE HOME PARK RESIDENCY ACT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Janice M. Fisher
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions of the Mobile Home Park Residency Act.
10 Highlighted Provisions:
11 This bill:
12 . modifies a provision relating to a mobile home park owner's change of a due date
13 for rent, fees, and service charges;
14 . increases the allowable size of a "for sale" sign;
15 . provides that a reduction or restriction of amenities is not valid unless the mobile
16 home park owner complies with statutory notice and meeting requirements;
17 . modifies the procedure for increasing rent on mobile home park residents;
18 . prohibits a mobile home park owner and resident from using force, coercion, or
19 deception to procure the other's signature on a lease agreement; and
20 . establishes a process for residents and a mobile home park owner to petition each
21 other for a meeting to resolve disputes of general concern.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 57-16-3, as last amended by Laws of Utah 2002, Chapter 255
29 57-16-4, as last amended by Laws of Utah 2009, Chapter 94
30 ENACTS:
31 57-16-4.3, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 57-16-3 is amended to read:
35 57-16-3. Definitions.
36 As used in this chapter:
37 (1) "Amenities" means the following physical, recreational or social facilities located at
38 a mobile home park:
39 (a) a club house;
40 (b) a park;
41 (c) a playground;
42 (d) a swimming pool;
43 (e) a hot tub;
44 (f) a tennis court; or
45 (g) a basketball court.
46 (2) "Change of use" means a change of the use of a mobile home park, or any part of it,
47 for a purpose other than the rental of mobile home spaces.
48 (3) "Fees" means other charges incidental to a resident's tenancy including, but not
49 limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for
50 the use of park facilities, and security deposits.
51 (4) "Mobile home" means a transportable structure in one or more sections with the
52 plumbing, heating, and electrical systems contained within the unit, which when erected on a
53 site, may be used with or without a permanent foundation as a family dwelling.
54 (5) "Mobile home park" means any tract of land on which two or more mobile home
55 spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential
56 purposes.

57 (6) "Mobile home park owner":
58 (a) means the owner of a mobile home park or the owner's agent; and
59 (b) for purposes of notification and other communication required under this chapter,
60 includes a managing agent, leasing agent, or resident manager, unless the written lease
61 agreement provides otherwise.
62 [(6)] (7) "Mobile home space" means a specific area of land within a mobile home park
63 designed to accommodate one mobile home.
64 [(7)] (8) "Rent" means charges paid for the privilege of occupying a mobile home
65 space, and may include service charges and fees.
66 [(8)] (9) "Resident" means an individual who leases or rents space in a mobile home
67 park.
68 [(9)] (10) "Service charges" means separate charges paid for the use of electrical and
69 gas service improvements which exist at a mobile home space, or for trash removal, sewage
70 and water, or any combination of the above.
71 [(10)] (11) "Settlement discussion expiration" means:
72 (a) the resident has failed to give a written notice of dispute within the period specified
73 in Subsection 57-16-4.1 (2); or
74 (b) the resident and management of the mobile home park have met together under
75 Subsection 57-16-4.1 (3) but were unsuccessful in resolving the dispute in their meeting.
76 Section 2. Section 57-16-4 is amended to read:
77 57-16-4. Termination of lease or rental agreement -- Required contents of lease --
78 Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or
79 restriction of amenities.
80 (1) A mobile home park [or its agents] owner may not terminate a lease or rental
81 agreement upon any ground other than as specified in this chapter.
82 (2) (a) Each agreement for the lease of mobile home space shall be written and signed
83 by the [parties] mobile home park owner and resident.
84 (b) A mobile home park owner and a resident may not use force, coercion, or deception
85 to procure the signature of the other on a lease of mobile home space.
86 (3) Each lease shall contain at least the following information:
87 (a) the name and address of the mobile home park owner and any [persons] person

88 authorized to act for the mobile home park owner, upon whom notice and service of process
89 may be served;
90 (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into
91 on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has
92 under Subsection (1) against unilateral termination of the lease by the mobile home park except
93 for the causes described in Section 57-16-5 ;
94 (c) (i) a full disclosure of [all] rent, service charges, and other fees presently being
95 charged on a periodic basis; and
96 (ii) a full disclosure of utility infrastructure owned by the mobile home park owner [or
97 its agent] that is maintained through service charges and fees charged by the mobile home park
98 owner [or its agent];
99 (d) the date [or dates] on which the payment of rent, fees, and service charges are due;
100 and
101 (e) [all rules that pertain] each rule that pertains to the mobile home park that, if
102 broken, [may constitute] constitutes grounds for eviction, including, in leases entered into on or
103 after May 6, 2002, a conspicuous disclosure regarding:
104 (i) the [causes] cause for which the mobile home park owner may terminate the lease
105 as described in Section 57-16-5 ; and
106 (ii) the resident's rights to:
107 (A) terminate the lease at any time without cause, upon giving the notice specified in
108 the resident's lease; and
109 (B) advertise and sell the resident's mobile home.
110 [(4) (a) Increases in rent or fees for periodic tenancies are unenforceable until 60 days
111 after notice of the increase is mailed to the resident.]
112 (4) (a) A proposed rent or fee increase for a periodic tenancy may not take effect until
113 60 days after the mobile home park owner mails or delivers notice of the proposed increase to
114 each resident.
115 (b) The notice required under Subsection (4)(a) shall include the:
116 (i) current rent;
117 (ii) proposed rent; and
118 (iii) date the proposed increase is to take effect.

119 [(b)] (5) (a) If a service [charges are] charge is not included in the rent, the mobile
120 home park owner may:
121 (i) increase the service [charges] charge during the leasehold period after giving notice
122 to the resident; and
123 (ii) pass through [increases or decreases] an increase or decrease in electricity rates to
124 the resident.
125 [(c)] (b) Annual income to the park for a service [charges] charge may not exceed the
126 actual cost to the mobile home park of providing the [services] service on an annual basis.
127 [(d)] (c) In determining the [costs of the services] cost of service, the mobile home
128 park owner may include maintenance costs related to those utilities that are part of [the] a
129 service [charges] charge.
130 [(e)] (d) [The mobile home park may not alter] A change of the date on which rent,
131 fees, and service charges are due [unless] does not take effect until 60 days after the mobile
132 home park owner provides [a 60-day] written notice to the resident [before] of the change in
133 the due date [is altered].
134 [(5)] (6) (a) Except as provided in Subsection (3)(b), a rule or condition of a lease that
135 purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is
136 void and unenforceable.
137 (b) The mobile home park owner:
138 (i) may reserve the right to approve the prospective purchaser of a mobile home who
139 intends to become a resident;
140 (ii) may not unreasonably withhold that approval;
141 (iii) may require proof of ownership as a condition of approval; or
142 (iv) may unconditionally refuse to approve any purchaser of a mobile home who does
143 not register before purchasing the mobile home.
144 [(6)] (7) If [all of the conditions] each condition of Section 41-1a-116 [are] is met, a
145 mobile home park owner may request the names and addresses of the lienholder or owner of
146 any mobile home located in the mobile home park from the Motor Vehicle Division.
147 [(7)] (8) (a) A mobile home park owner may not restrict a resident's right to advertise
148 for sale or to sell a mobile home.
149 (b) A mobile home park owner may limit the size of a "for sale" sign affixed to the

150 mobile home to not more than [144 square inches] two feet by two feet.
151 [(8)] (9) A mobile home park owner may not compel a resident who wishes to sell a
152 mobile home to sell it, either directly or indirectly, through an agent designated by the mobile
153 home park owner.
154 [(9)] (10) A mobile home park owner may require that a mobile home be removed
155 from the park upon sale if:
156 (a) the mobile home park owner wishes to upgrade the quality of the mobile home
157 park; and
158 (b) the mobile home either does not meet minimum size specifications or is in a
159 rundown condition or is in disrepair.
160 [(10)] (11) (a) Within 30 days after a mobile home park owner proposes reducing or
161 restricting amenities, the mobile home park owner shall:
162 [(a)] (i) schedule and hold at least one meeting for the purpose of discussing the
163 proposed restriction or reduction of amenities with residents; and
164 [(b)] (ii) provide at least 10 days advance written notice of the date, time, location, and
165 purposes of the meeting to each resident.
166 (b) A reduction or restriction of amenities does not take effect until the mobile home
167 park owner schedules and holds at least one meeting as required in Subsection (11)(a)(i) and
168 provides notice of the meeting as required in Subsection (11)(a)(ii).
169 [(11)] (12) If a mobile home park owner uses a single-service meter, the mobile home
170 park owner shall include a full disclosure on a resident's utility bill of the resident's utility
171 charges.
172 [(12)] (13) The mobile home park owner shall have a copy of this chapter posted at all
173 times in a conspicuous place in the mobile home park.
174 Section 3. Section 57-16-4.3 is enacted to read:
175 57-16-4.3. Meeting of owner and resident committee to resolve dispute of general
176 concern.
177 (1) As used in this section:
178 (a) "Designee" means a person designated by a mobile home park owner and who has
179 been given full authority to act on behalf of the mobile home park owner to resolve a dispute.
180 (b) "Resident committee" means a group of residents who have been appointed by a

181 resident association, as defined in Section 57-16-16 , and who have been given full authority to
182 act on behalf of residents to resolve a dispute.
183 (2) (a) A majority of residents may petition a mobile home park owner for a meeting to
184 resolve a dispute residents have with an aspect of the operation of the mobile home park of
185 which they are residents, including rent, a fee, and a rule.
186 (b) A mobile home park owner may petition residents for a meeting to resolve a
187 dispute the mobile home park owner has with the behavior of residents generally.
188 (3) A petition under Subsection (2) shall:
189 (a) contain an explanation of the dispute and any proposed remedy; and
190 (b) be mailed or delivered to:
191 (i) the mobile home park owner, if the petition is on behalf of residents; or
192 (ii) the president of the resident association, if the petition is on behalf of the mobile
193 home park owner.
194 (4) (a) Within 10 days after a petition is received, the mobile home park owner or
195 designee shall meet with a resident committee to discuss and attempt to resolve the dispute.
196 (b) A mobile home park owner or designee and resident committee may hold
197 subsequent meetings, as needed, until the dispute is resolved.