This document includes House Floor Amendments incorporated into the bill on Wed, Mar 11, 2015 at 9:09 PM by jeyring.
Representative R. Curt Webb proposes the following substitute bill:




Chief Sponsor: Daniel W. Thatcher

House Sponsor: R. Curt Webb


8     General Description:
9          This bill modifies the Mobile Home Park Residency Act and enacts the Mobile Home
10     Park Helpline.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     establishes a helpline to assist a resident, a mobile home owner, or a park owner
15     with disputes related to the Mobile Home Park Residency Act;
16          ▸     provides that the University of Utah S.J. Quinney College of Law shall create a law
17     clinic to administer the helpline;
18          ▸     requires a mobile home park owner to post a notice that includes:
19               •     a summary of the rights and responsibilities described in the Mobile Home Park
20     Residency Act; and
21               •     information on how to use the helpline; and
22          ▸     provides that the provisions of this bill relating to the Mobile Home Park Helpline
23     sunset on July 1, 2017.
24     Money Appropriated in this Bill:
25          This bill appropriates in fiscal year 2016:

26          ▸     to the University of Utah, as a one-time appropriation:
27               •     from the General Fund, $35,000.
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          57-16-4, as last amended by Laws of Utah 2009, Chapter 94
33          63I-1-257, as last amended by Laws of Utah 2014, Chapter 177
34     ENACTS:
35          57-16a-101, Utah Code Annotated 1953
36          57-16a-102, Utah Code Annotated 1953
37          57-16a-201, Utah Code Annotated 1953
38          57-16a-202, Utah Code Annotated 1953
39          57-16a-203, Utah Code Annotated 1953

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 57-16-4 is amended to read:
43          57-16-4. Termination of lease or rental agreement -- Required contents of lease --
44     Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or
45     restriction of amenities.
46          (1) A mobile home park or its agents may not terminate a lease or rental agreement
47     upon any ground other than as specified in this chapter.
48          (2) Each agreement for the lease of mobile home space shall be written and signed by
49     the parties.
50          (3) Each lease shall contain at least the following information:
51          (a) the name and address of the mobile home park owner and any persons authorized to
52     act for the owner, upon whom notice and service of process may be served;
53          (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into
54     on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has
55     under Subsection (1) against unilateral termination of the lease by the mobile home park except
56     for the causes described in Section 57-16-5;

57          (c) (i) a full disclosure of all rent, service charges, and other fees presently being
58     charged on a periodic basis; and
59          (ii) a full disclosure of utility infrastructure owned by the mobile home park owner or
60     its agent that is maintained through service charges and fees charged by the mobile home park
61     owner or its agent;
62          (d) the date or dates on which the payment of rent, fees, and service charges are due;
63     and
64          (e) all rules that pertain to the mobile home park that, if broken, may constitute
65     grounds for eviction, including, in leases entered into on or after May 6, 2002, a conspicuous
66     disclosure regarding:
67          (i) the causes for which the mobile home park may terminate the lease as described in
68     Section 57-16-5; and
69          (ii) the resident's rights to:
70          (A) terminate the lease at any time without cause, upon giving the notice specified in
71     the resident's lease; and
72          (B) advertise and sell the resident's mobile home.
73          (4) (a) Increases in rent or fees for periodic tenancies are unenforceable until 60 days
74     after notice of the increase is mailed to the resident.
75          (b) If service charges are not included in the rent, the mobile home park may:
76          (i) increase service charges during the leasehold period after giving notice to the
77     resident; and
78          (ii) pass through increases or decreases in electricity rates to the resident.
79          (c) Annual income to the park for service charges may not exceed the actual cost to the
80     mobile home park of providing the services on an annual basis.
81          (d) In determining the costs of the services, the mobile home park may include
82     maintenance costs related to those utilities that are part of the service charges.
83          (e) The mobile home park may not alter the date on which rent, fees, and service
84     charges are due unless the mobile home park provides a 60-day written notice to the resident
85     before the date is altered.
86          (5) (a) Except as provided in Subsection (3)(b), a rule or condition of a lease that
87     purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is

88     void and unenforceable.
89          (b) The mobile home park:
90          (i) may reserve the right to approve the prospective purchaser of a mobile home who
91     intends to become a resident;
92          (ii) may not unreasonably withhold that approval;
93          (iii) may require proof of ownership as a condition of approval; or
94          (iv) may unconditionally refuse to approve any purchaser of a mobile home who does
95     not register before purchasing the mobile home.
96          (6) If all of the conditions of Section 41-1a-116 are met, a mobile home park may
97     request the names and addresses of the lienholder or owner of any mobile home located in the
98     park from the Motor Vehicle Division.
99          (7) (a) A mobile home park may not restrict a resident's right to advertise for sale or to
100     sell a mobile home.
101          (b) A mobile home park may limit the size of a "for sale" sign affixed to the mobile
102     home to not more than 144 square inches.
103          (8) A mobile home park may not compel a resident who wishes to sell a mobile home
104     to sell it, either directly or indirectly, through an agent designated by the mobile home park.
105          (9) A mobile home park may require that a mobile home be removed from the park
106     upon sale if:
107          (a) the mobile home park wishes to upgrade the quality of the mobile home park; and
108          (b) the mobile home either does not meet minimum size specifications or is in a
109     rundown condition or is in disrepair.
110          (10) Within 30 days after a mobile home park proposes reducing or restricting
111     amenities, the mobile home park shall:
112          (a) schedule at least one meeting for the purpose of discussing the proposed restriction
113     or reduction of amenities with residents; and
114          (b) provide at least 10 days advance written notice of the date, time, location, and
115     purposes of the meeting to each resident.
116          (11) If a mobile home park uses a single-service meter, the mobile home park owner
117     shall include a full disclosure on a resident's utility bill of the resident's utility charges.
118          (12) The mobile home park shall [have a copy of this chapter] ensure that the following

119     are posted at all times in a conspicuous place in a common area of the mobile home park[.]:
120          (a) a copy of this chapter; and
121          (b) a notice that:
122          (i) summarizes the rights and responsibilities described in this chapter;
123          (ii) includes information on how to use the helpline described in Title 57, Chapter 16a,
124     Mobile Home Park Helpline; and
125          (iii) is in a form approved by the Office of the Attorney General.
126          Section 2. Section 57-16a-101 is enacted to read:

Part 1. General Provisions

129          57-16a-101. Title.
130          (1) This chapter is known as the "Mobile Home Park Helpline."
131          (2) This part is known as "General Provisions."
132          Section 3. Section 57-16a-102 is enacted to read:
133          57-16a-102. Definitions.
134          As used in this chapter:
135          (1) "Act" means Title 57, Chapter 16, Mobile Home Park Residency Act.
136          (2) "Assisting attorney" means a member of the Utah State Bar who the helpline
137     administrator designates to assist in administering the helpline, in accordance with the
138     provisions of this chapter.
139          (3) "Caller" means a resident, a mobile home owner, or a park owner who calls the
140     helpline.
141          (4) "Helpline" means a direct public telephone number that a resident, a mobile home
142     owner, or a park owner may call with inquiries related to the act.
143          (5) "Mobile home" means a transportable structure in one or more sections with the
144     plumbing, heating, and electrical systems contained within the unit that when erected on a site
145     may be used with or without a permanent foundation as a dwelling unit.
146          (6) "Mobile home lot" means an area within a mobile home park designed to
147     accommodate one mobile home.
148          (7) "Mobile home owner" means a person who:
149          (a) owns a mobile home; and

150          (b) leases or rents from a park owner the mobile home lot on which the mobile home is
151     located.
152          (8) "Mobile home park" means any tract of land on which two or more lots are leased,
153     or offered for lease or rent, to accommodate mobile homes for residential purposes.
154          (9) "Park owner" means a person who owns a mobile home park, including the person's
155     agent.
156          (10) "Resident" means a person who leases or rents a mobile home from the mobile
157     home owner.
158          (11) "Supervised student" means a law student at the S.J. Quinney College of Law
159     who, under the supervision of a member of the Utah State Bar, participates in the law clinic
160     established under this chapter.
161          Section 4. Section 57-16a-201 is enacted to read:
Part 2. Helpline Administration and Process

163          57-16a-201. Title.
164          This part is known as "Helpline Administration and Process."
165          Section 5. Section 57-16a-202 is enacted to read:
166          57-16a-202. Helpline administration.
167          (1) A helpline is created to assist a resident, a mobile home owner, or a park owner
168     with disputes related to the act.
169          (2) The University of Utah S.J. Quinney College of Law shall administer the helpline
170     in accordance with the provisions of this chapter.
171          (3) In administering the helpline, the S.J. Quinney College of Law shall:
172          (a) establish a phone number for the hotline; and
173          (b) create a law clinic that consists of:
174          (i) a helpline administrator who is employed by the S.J. Quinney College of Law and is
175     an active member of the Utah State Bar;
176          (ii) one or more supervised students; and
177          (iii) if necessary, one or more assisting attorneys.
178          (4) The helpline administrator, a supervised student, or an assisting attorney shall:
179          (a) receive and respond to calls made through the helpline;
180          (b) inform a helpline caller of the rights, responsibilities, and remedies described in the

181     act;
182          (c) receive complaints from a helpline caller that allege a violation of the act;
183          Ĥ→ [
(d) at the helpline administrator's discretion and with the caller's consent:
184          (i) provide limited services to help resolve the caller's dispute, including investigation
185     or negotiation; or
186          (ii) provide the caller a referral for other legal services;

187          [
(e)] (d) ←Ĥ create a record of each call that includes:
188          (i) whether the caller is a resident, a mobile home owner, or a park owner;
189          (ii) the subject of the call, including whether the call alleges a violation of the act;
190          (iii) if the call alleges a violation of the act, information regarding whether the
191     respondent was contacted;
192          (iv) the services provided to the caller, if any; and
193          (v) the outcome of the dispute, if known; and
194          Ĥ→ [
(f)] (e) ←Ĥ maintain a record described in Subsection (4) Ĥ→ [(e)] (d) ←Ĥ for at least
194a     one year after the day
195     on which the record is created.
196          (5) The helpline administrator shall, beginning in 2016, on or before November 30 of
197     each year, submit to the Political Subdivisions Interim Committee a report that, for the 12
198     months before the day on which the helpline administrator submits the report, states:
199          (i) the number of calls that the helpline administrator, a supervised student, or an
200     assisting attorney received through the helpline;
201          (ii) a brief summary of each call, including:
202          (A) whether a resident, a mobile home owner, or a park owner made the call;
203          (B) the subject of the call;
204          (C) the nature of any service provided to the caller; and
205          (D) the outcome of the matter, if known; and
206          (iii) any recommendations regarding changes to the helpline or the act.
207          Section 6. Section 57-16a-203 is enacted to read:
208          57-16a-203. Helpline process.
209          (1) A helpline caller may call the helpline regarding the rights, responsibilities, and
210     remedies described in the act.
211          (2) If a helpline caller alleges a violation of the act, the helpline administrator, a

212     supervised student, or an assisting attorney shall Ĥ→ [
213          [
(a)] ←Ĥ inform the caller of the rights, responsibilities, and remedies described in the
213a     act Ĥ→ [
214          (b) at the helpline administrator's discretion and with the caller's consent, provide
215     limited services to help resolve the caller's dispute, including investigation or negotiation; or
216          (c) refer the caller to other legal services, as needed
] ←Ĥ
217          (3) Ĥ→ [
A] Any ←Ĥ record Ĥ→ or recommendation ←Ĥ that relates to the helpline
217a     administration is not admissible as evidence in
218     a judicial proceeding.
219          Section 7. Section 63I-1-257 is amended to read:
220          63I-1-257. Repeal dates, Title 57.
221          (1) Subsections 57-1-25(1)(c), (3)(b), and (4) are repealed December 31, 2016.
222          (2) Subsection 57-16-4(12), on July 1, 2017, is modified to read as follows:
223          "(12) The mobile home park shall have a copy of this chapter posted at all times in a
224     conspicuous place in a common area of the mobile home park."
225          (3) Title 57, Chapter 16a, Mobile Home Park Helpline, is repealed July 1, 2017.
226          Section 8. Appropriation.
227          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
228     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
229     are appropriated from resources not otherwise appropriated, or reduced from amounts
230     previously appropriated, out of the funds or accounts indicated. These sums of money are in
231     addition to any amounts previously appropriated for fiscal year 2016.
232          To University of Utah - Education and General
233          From General Fund, One-time

234          Schedule of Programs:
235               Administration of the Mobile Home Park Helpline          $35,000
236          The Legislature intends that the University of Utah S.J. Quinney College of Law use
237     funds appropriated under this section to administer the Mobile Home Park Helpline established
238     in Title 57, Chapter 16a, Mobile Home Park Helpline.
239          Under Section 63J-1-603, the Legislature further intends that appropriations provided
240     under this section not lapse at the end of fiscal year 2016. The use of any nonlapsing funds is
241     limited to administration of the Mobile Home Park Helpline described in Title 57, Chapter 16a,
242     Mobile Home Park Helpline.

243          Section 9. Effective date.
244          This bill takes effect on July 1, 2015.