For the purposes of this Article, the following
terms shall have the meanings indicated:
MOBILE HOME
A dwelling, including house trailers, but excluding camping
trailers, travel trailers, truck campers and motor homes, which is
a movable or portable unit designed and constructed to be towed on
its own frame and wheels and designed to be connected to utilities
for year-round occupancy. The term "mobile home" includes:
A.
A unit containing parts that may be folded,
collapsed or telescoped when towed and which is expandable to provide
additional cubic capacity.
B.
A unit composed of two (2) or more separately
towable components designed to be jointed into one (1) integral unit
capable of being separated into components for repeated towing.
C.
A unit constructed under ANSI No. A119.1 or
NFPA No. 501B-1974.
[Amended by Bill No. 75-92]
A. No mobile home park owner or operator may require
any tenant or other person seeking space in the mobile home park to
purchase a mobile home from any particular person.
B. No mobile home park owner or operator or his designee
may require a resident of the park to purchase from the owner or operator
or his designee any accessories or services required by the tenant
or any other equipment required by law, local ordinance or regulations
of the mobile home park.
C. No mobile home park owner or operator may levy any
fee or charge amounting to what is called an "entrance fee" for the
privilege of placing a mobile home in any mobile home park. No mobile
home park owner or operator may charge any resident who chooses to
install an electric or gas appliance in his mobile home an additional
fee, unless that fee reflects the cost to the mobile home park of
the installation or its use, or restrict the installation, service
or maintenance of any normal household appliance or restrict the making
of any interior improvements in the mobile home, so long as the installation
or improvement is in compliance with the applicable building, electrical
and plumbing codes and any other provisions of law.
D. A mobile home park owner or operator shall fully disclose,
in writing, all fees, charges, assessments, rules and regulations
prior to the assumption of occupancy in the park of a mobile home
dweller. No fees, charges or assessments so disclosed may be increased
or rules and regulations changed by the park owner or operator without
specifying the date of implementation of the fees, charges, assessments
or rules and regulations. This date shall be no less than thirty (30)
days after written notice was given to all tenants.
E. Failure on the part of the mobile home park owner
or operator to fully disclose all fees, charges or assessments shall
prevent the park owner or operator from collecting any undisclosed
fee, charge or assessment, except those fees required to be paid by
law. Refusal by the dweller to pay any undisclosed charges may not
be used by the owner or operator as a cause for eviction in any court
of law.
F. Any mobile home park owner or operator who, directly
or indirectly, receives, collects or accepts from another any donation,
gratuity, bonus or fee, in addition to lawful charges, upon the representation,
understanding or statement that compliance with the request or demand
therefor will facilitate, influence or procure an advantage over others
in entering into an agreement, either oral or written, for the lease
or rental of real property for any term or for the use or occupation
thereof or any owner or operator who refuses to enter into an agreement
unless he receives, directly or indirectly, any such donation, gratuity,
bonus or fee or any owner or operator who, directly or indirectly,
requests or requires any such donation, gratuity, bonus or fee or
any owner or operator who, directly or indirectly, aids, abets, requests
or authorizes any other person to violate any of the provisions or
this section shall, upon conviction, be subject to the penalties set
forth in this Article.
G. No mobile home park owner or operator may deny any
resident the sale of his mobile home within the park. The park may
reserve the right to approve the purchaser of the mobile home as a
tenant or require the removal of the mobile home from the park within
thirty (30) days of the completion of the sale if the purchaser is
disapproved by the park owner. In the event of disapproval, liability
of the seller of the mobile home from the remainder of the lease term
shall terminate upon the removal of the mobile home owner in the sale
pursuant to a written contract. The mobile home park owner or operator
shall not take any action nor make any statements that interfere with
the sale of a mobile home physically located in the park.
H. A mobile home park owner or operator shall be required
to offer a permanent or prospective permanent year-round resident
of his mobile home park:
(1) By October 1, 1975, a written lease for a period of
not less than twelve (12) months to mobile home dwellers within the
park, provided that this subsection shall not affect any written lease
in effect prior to October 1, 1975.
(2) Within thirty (30) days of a mobile home dweller assuming
occupancy in the park, a written lease for a period of not less than
twelve (12) months.
(3) Within thirty (30) days of the sale of a mobile home
to the prospective permanent year-round resident, as provided by this
Article, the remainder of the written lease or written rental agreement
then in effect, but in no event for a period of less than six (6)
months.
I. Any mobile home park owner who charges a fee for water
usage above and beyond the lease rental amount must provide a means
for accurate measurement of water usage per individual lot charges.
[Added by Bill No. 93-4]