1     
MOBILE HOME AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions in the Mobile Home Park Residency Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "public utility";
13          ▸     requires a mobile home park to include in a lease agreement certain information
14     relating to the costs charged by the mobile home park for public utility services;
15          ▸     requires a mobile home park to provide each resident with an annual disclosure
16     describing how the mobile home park calculated the resident's charges for public
17     utility services during the previous 12-month billing period; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          57-16-3, as last amended by Laws of Utah 2002, Chapter 255
26          57-16-4, as last amended by Laws of Utah 2017, Chapter 329
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 57-16-3 is amended to read:
30          57-16-3. Definitions.
31          As used in this chapter:
32          (1) "Amenities" means the following physical, recreational or social facilities located at
33     a mobile home park:
34          (a) a club house;
35          (b) a park;
36          (c) a playground;
37          (d) a swimming pool;
38          (e) a hot tub;
39          (f) a tennis court; or
40          (g) a basketball court.
41          (2) "Change of use" means a change of the use of a mobile home park, or any part of it,
42     for a purpose other than the rental of mobile home spaces.
43          (3) "Fees" means other charges incidental to a resident's tenancy including, but not
44     limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for
45     the use of park facilities, and security deposits.
46          (4) "Mobile home" means a transportable structure in one or more sections with the
47     plumbing, heating, and electrical systems contained within the unit, which when erected on a
48     site, may be used with or without a permanent foundation as a family dwelling.
49          (5) "Mobile home park" means any tract of land on which two or more mobile home
50     spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential
51     purposes.
52          (6) "Mobile home space" means a specific area of land within a mobile home park
53     designed to accommodate one mobile home.
54          (7) "Public utility" means an entity that provides electrical or gas service, including a:
55          (a) public utility as defined in Title 54, Chapter 2, General Provisions; or
56          (b) municipality as defined in Title 10, Utah Municipal Code.
57          [(7)] (8) "Rent" means charges paid for the privilege of occupying a mobile home
58     space, and may include service charges and fees.
59          [(8)] (9) "Resident" means an individual who leases or rents space in a mobile home
60     park.
61          [(9)] (10) "Service charges" means separate charges paid for the use of electrical and
62     gas service improvements which exist at a mobile home space, or for trash removal, sewage
63     and water, or any combination of the above.
64          [(10)] (11) "Settlement discussion expiration" means:
65          (a) the resident has failed to give a written notice of dispute within the period specified
66     in Subsection 57-16-4.1(2); or
67          (b) the resident and management of the mobile home park have met together under
68     Subsection 57-16-4.1(3) but were unsuccessful in resolving the dispute in their meeting.
69          Section 2. Section 57-16-4 is amended to read:
70          57-16-4. Termination of lease or rental agreement -- Required contents of lease --
71     Increases in rents or fees -- Required disclosures -- Sale of homes -- Notice regarding
72     planned reduction or restriction of amenities.
73          (1) A mobile home park or its agents may not terminate a lease or rental agreement
74     upon any ground other than as specified in this chapter.
75          (2) (a) A mobile home park and a mobile home park resident that enter into an
76     agreement for the lease of a mobile home park space shall:
77          (i) enter into the lease agreement in writing; and
78          (ii) sign the lease agreement.
79          (b) A mobile home park shall, for each lease entered into by the mobile home park
80     with a mobile home park resident:
81          (i) maintain a written copy of the lease; and
82          (ii) make a written copy of the lease available to the mobile home park resident that is
83     a party to the lease:
84          (A) no more than seven calendar days after the day on which the mobile home park
85     receives a written request from the mobile home park resident; and
86          (B) except for reasonable copying expenses, at no charge to the mobile home park
87     resident.
88          (3) Each lease shall contain at least the following information:
89          (a) the name and address of the mobile home park owner and any persons authorized to
90     act for the owner, upon whom notice and service of process may be served;
91          (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into
92     on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has
93     under Subsection (1) against unilateral termination of the lease by the mobile home park except
94     for the causes described in Section 57-16-5;
95          (c) (i) a full disclosure of all rent, service charges, and other fees presently being
96     charged on a periodic basis; [and]
97          (ii) a full disclosure of utility infrastructure owned by the mobile home park owner or
98     [its] the owner's agent that is maintained through service charges and fees charged by the
99     mobile home park owner or [its] the owner's agent, and the method used to calculate the
100     associated service charges and fees; and
101          (iii) a full disclosure of all costs charged by the mobile home park for public utility
102     services and the method used to calculate each individual resident's public utility bill,
103     including:
104          (A) costs allocated from a master-metered bill;
105          (B) costs submetered for individual usage;
106          (C) costs that reflect utility infrastructure owned by the mobile home park owner or the
107     owner's agent; and
108          (D) any other costs related to public utility services;
109          (d) the date or dates on which the payment of rent, fees, and service charges are due;
110     and
111          (e) all rules that pertain to the mobile home park that, if broken, may constitute
112     grounds for eviction, including, in leases entered into on or after May 6, 2002, a conspicuous
113     disclosure regarding:
114          (i) the causes for which the mobile home park may terminate the lease as described in
115     Section 57-16-5; and
116          (ii) the resident's rights to:
117          (A) terminate the lease at any time without cause, upon giving the notice specified in
118     the resident's lease; and
119          (B) advertise and sell the resident's mobile home.
120          (4) (a) Increases in rent or fees for periodic tenancies are unenforceable until 60 days
121     after notice of the increase is mailed to the resident.
122          (b) If service charges are not included in the rent, the mobile home park may:
123          (i) increase service charges during the leasehold period after giving notice to the
124     resident; and
125          (ii) pass through increases or decreases in electricity rates to the resident.
126          (c) Annual income to the park for service charges may not exceed the actual cost to the
127     mobile home park of providing the services on an annual basis.
128          (d) In determining the costs of the services, the mobile home park may include
129     maintenance costs related to those utilities that are part of the service charges.
130          (e) The mobile home park may not alter the date on which rent, fees, and service
131     charges are due unless the mobile home park provides a 60-day written notice to the resident
132     before the date is altered.
133          (5) (a) A mobile home park shall, at least once per calendar year, provide a
134     conspicuous disclosure to each resident describing how the mobile home park calculated the
135     resident's charges for public utility services during the previous twelve-month billing period.
136          (b) The disclosure described in Subsection (5)(a) shall demonstrate how the charges for
137     public utility services relate to:
138          (i) the mobile home park's master-metered bill;
139          (ii) utility infrastructure owned by the mobile home park owner or the owner's agent;
140     and
141          (iii) the applicable public utility's approved rates and terms of service.
142          [(5)] (6) (a) Except as provided in Subsection (3)(b), a rule or condition of a lease that
143     purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is
144     void and unenforceable.
145          (b) The mobile home park:
146          (i) may reserve the right to approve the prospective purchaser of a mobile home who
147     intends to become a resident;
148          (ii) may not unreasonably withhold that approval;
149          (iii) may require proof of ownership as a condition of approval; or
150          (iv) may unconditionally refuse to approve any purchaser of a mobile home who does
151     not register before purchasing the mobile home.
152          [(6)] (7) If all of the conditions of Section 41-1a-116 are met, a mobile home park may
153     request the names and addresses of the lienholder or owner of any mobile home located in the
154     park from the Motor Vehicle Division.
155          [(7)] (8) (a) A mobile home park may not restrict a resident's right to advertise for sale
156     or to sell a mobile home.
157          (b) A mobile home park may limit the size of a "for sale" sign affixed to the mobile
158     home to not more than 144 square inches.
159          [(8)] (9) A mobile home park may not compel a resident who wishes to sell a mobile
160     home to sell it, either directly or indirectly, through an agent designated by the mobile home
161     park.
162          [(9)] (10) A mobile home park may require that a mobile home be removed from the
163     park upon sale if:
164          (a) the mobile home park wishes to upgrade the quality of the mobile home park; and
165          (b) the mobile home either does not meet minimum size specifications or is in a
166     rundown condition or is in disrepair.
167          [(10)] (11) Within 30 days after a mobile home park proposes reducing or restricting
168     amenities, the mobile home park shall:
169          (a) schedule at least one meeting for the purpose of discussing the proposed restriction
170     or reduction of amenities with residents; and
171          (b) provide at least 10 days advance written notice of the date, time, location, and
172     purposes of the meeting to each resident.
173          [(11)] (12) If a mobile home park uses a single-service meter, the mobile home park
174     owner shall include a full disclosure on a resident's utility bill of the resident's utility charges.
175          [(12)] (13) The mobile home park shall have a copy of this chapter posted at all times
176     in a conspicuous place in a common area of the mobile home park.