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H0669aa.........................................................by BUSINESS
FLOATING HOMES RESIDENCY ACT - Adds to existing law to enact the Floating
Homes Residency Act to regulate the rental of moorages for floating homes,
to require a written rental agreement and to specify the terms of the
rental agreements, to define the rights and obligations of the owners of
the marina and the owners of the floating homes and to provide remedies to
the parties.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Bus
02/20 Rpt out - to Gen Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 65-3-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Mader, Marley, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Bruneel, McKague, Schaefer
Absent and excused -- Deal, Loertscher
Floor Sponsors - Meyer, Watson
Title apvd - to Senate
03/03 Senate intro - 1st rdg as amen - to Com/HuRes
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 28-1-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Deide, Dunklin, Frasure, Geddes, Keough, King, Lee,
Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen,
Stennett, Sweeney, Thorne, Wheeler, Whitworth
NAYS--Ingram
Absent and excused--Darrington, Hansen, Hawkins, Ipsen, McLaughlin,
Twiggs
Floor Sponsor - Keough
Title apvd - to House
03/19 To enrol - rpt enrol - Pres signed
Sp signed - to Governor
03/20 Governor signed
Session Law Chapter 194
Effective: 07/01/98
H0669|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 669, As Amended BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE FLOATING HOMES RESIDENCY ACT; AMENDING TITLE 55, IDAHO CODE, 3 BY THE ADDITION OF A NEW CHAPTER 27, TITLE 55, IDAHO CODE, TO PROVIDE A 4 SHORT TITLE, TO PROVIDE A STATEMENT OF LEGISLATIVE POLICY, TO PROVIDE FOR 5 GOOD FAITH IN THE PERFORMANCE OR ENFORCEMENT OF ANY DUTY OR ACT REQUIRED 6 TO BE PERFORMED UNDER THE CHAPTER, TO PROVIDE DEFINITIONS, TO PROVIDE THAT 7 THE CHAPTER GOVERNS RIGHTS, REMEDIES AND OBLIGATIONS ARISING FROM RENTAL 8 AGREEMENTS FOR A FLOATING HOME MOORAGE AND TO PROVIDE AN EXCEPTION, TO 9 PROVIDE THE TERMS AND CONDITIONS OF A RENTAL AGREEMENT FOR A FLOATING HOME 10 MOORAGE, TO PROVIDE FOR RULES AND REGULATIONS OF A FLOATING HOME MARINA, 11 TO PROVIDE FOR ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES, TO PRO- 12 VIDE FOR FEES AND TO PROVIDE FOR TRASH DISPOSAL AND LIGHTING, TO PROVIDE 13 FOR EVICTION FROM THE MARINA AND TO PROVIDE REASONS FOR EVICTION, TO 14 REQUIRE A STATEMENT OF THE REASONS FOR EVICTION IN THE NOTICE OF EVICTION, 15 TO PROHIBIT EVICTION TO MAKE SPACE FOR A FLOATING HOME OWNED OR SOLD BY 16 THE LANDLORD, TO PROVIDE FOR THE SALE AND TRANSFER OF A FLOATING HOME, TO 17 PROVIDE FOR NOTICE TO THE LANDLORD OF A LEGAL OWNER'S INTEREST IN A FLOAT- 18 ING HOME AND TO PROVIDE FOR LIABILITIES OF THE LEGAL OWNER, TO PROVIDE FOR 19 A TENANT ACTION FOR DAMAGES AND SPECIFIC PERFORMANCE, TO PROHIBIT RETALIA- 20 TORY CONDUCT BY THE LANDLORD, TO PROVIDE FOR TENANT ASSOCIATIONS, TO PRO- 21 VIDE FOR ARBITRATION, TO PROVIDE FOR TREBLE DAMAGES, TO PROVIDE FOR 22 ATTORNEY'S FEES AND TO PROVIDE FOR VENUE OF ACTIONS ARISING UNDER THE 23 CHAPTER. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Title 55, Idaho Code, be, and the same is hereby amended 26 by the addition thereto of a NEW CHAPTER , to be known and desig- 27 nated as Chapter 27, Title 55, Idaho Code, and to read as follows: 28 CHAPTER 27 29 FLOATING HOMES RESIDENCY ACT 30 55-2701. SHORT TITLE. This chapter shall be known as and may be cited as 31 "The Floating Homes Residency Act." 32 55-2702. LEGISLATIVE POLICY. The legislature finds and declares that, 33 because of current governmental policy limiting the availability of moorage 34 sites both within and outside a floating home marina, the historic value of 35 existing floating homes moored on the waters of the state, the investment in 36 these floating homes and floating home marinas, and the cost of relocating a 37 floating home, it is necessary that the owners of floating homes within a 38 floating home marina be provided with the unique protection from actual or 39 constructive eviction and the other protections afforded by the provisions of 40 this chapter. 2 1 55-2703. GOOD FAITH. Every duty under this chapter and every act which 2 must be performed as a condition precedent to the exercise of a right or 3 remedy under this chapter imposes an obligation of good faith in its perfor- 4 mance or enforcement. 5 55-2704. DEFINITIONS. (1) "Floating home" means a floating structure 6 which is designed and built to be used, or is modified to be used, as a sta- 7 tionary waterborne residential dwelling, has no mode or power of its own, is 8 dependent for utilities upon a continuous utility linkage to a source origi- 9 nating on shore, and has a permanent continuous connection to a sewage system 10 on shore. 11 (2) "Floating home moorage marina" or "moorage" means a waterfront facil- 12 ity for the moorage of one (1) or more floating homes and the land and water 13 premises on which such facility is located. 14 (3) "Landlord" means the owner of a floating home marina and includes the 15 agent of the landlord. 16 (4) "Moorage site" means a part of a floating home marina located over 17 water and designed to accommodate one (1) floating home. 18 (5) "Resident organization" means a tenant or homeowner's association, 19 whether or not incorporated, the membership of which is made up of tenants of 20 the floating home marina and/or owners of a floating home. 21 (6) "Tenant" means any person who rents a floating home moorage site or 22 the person's agent of record. 23 55-2705. THIS CHAPTER GOVERNS. This chapter shall regulate and determine 24 legal rights, remedies and obligations arising from any rental agreement 25 between a landlord and tenant regarding a floating home moorage, except in 26 those instances in which the landlord is renting both the moorage site and the 27 floating home to the tenant. All such rental agreements shall be unenforceable 28 to the extent of any conflict with any provision of this chapter. This chapter 29 does not abrogate any rights the landlord or tenant has under the laws and 30 constitution of the United States and the state of Idaho. 31 55-2706. RENTAL AGREEMENT. (1) From and after the effective date of this 32 chapter, any landlord offering a moorage site for rent shall provide the pro- 33 spective tenant with a written agreement. This agreement must be executed by 34 both parties. The provisions of this chapter shall apply to all such agree- 35 ments to the extent applicable as set forth in this chapter. 36 (2) The requirements of subsection (1) of this section shall not apply 37 if: 38 (a) The floating home marina or a part thereof has been acquired by emi- 39 nent domain or condemnation for a public works project; or 40 (b) An employer-employee relationship exists between a landlord and ten- 41 ant. 42 (3) The provisions of this section shall apply to any tenancy in exis- 43 tence on the effective date of this act, but only after expiration of the term 44 of any oral or written rental agreement governing such tenancy, not to exceed 45 twelve (12) months from the effective date of this act. Existing contracts may 46 be perpetuated by agreement of both parties. 47 (4) A floating home owner shall be offered a rental agreement for: 48 (a) A term of twelve (12) months; 49 (b) A lesser period as mutually agreed upon by both the floating home 50 owner and the landlord; or 51 (c) A longer period as mutually agreed upon by both the floating home 52 owner and the landlord. 3 1 (5) A rental agreement may not contain a provision by which the tenant 2 waives his rights under this law. 3 (6) The rental agreement shall identify a specific moorage site. The 4 moorage site occupied by a floating home shall remain site specific as set 5 forth in the rental agreement unless any moorage site change is agreed upon by 6 the tenant and the landlord. 7 55-2707. FLOATING HOME MARINA -- RULES AND REGULATIONS. (1) Subject to 8 the provisions of this chapter and to the terms of the rental agreement, the 9 landlord may establish reasonable rules and regulations governing the use and 10 occupancy of a floating home marina. A rule or regulation may be amended at 11 any time with the consent of the tenants or without their consent upon written 12 notice of not less than six (6) months. Written notice of a proposed amendment 13 to a new tenant whose tenancy commences within the required period of notice 14 shall constitute compliance with this subsection where the written notice is 15 given to the tenant before the inception of this tenancy. 16 (2) The landlord may enter a floating home in case of an apparent or 17 actual emergency, when the tenant has abandoned the floating home, or as 18 otherwise provided in the rental agreement. 19 (3) Management must disclose the name and address of the marina owner 20 upon the request of the tenant. 21 55-2708. ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES -- FEES. 22 (1) A landlord may increase or decrease rents only after ninety (90) days' 23 written notice to the tenants. 24 (2) Except as provided herein, rental increases shall be uniform through- 25 out the floating home marina. Notwithstanding the foregoing provision: 26 (a) When rents within a floating home marina are structured by reason of 27 slip or floating home size, amenities, slip location or otherwise, rental 28 increases shall be uniform among all floating homes in the same rent tier; 29 and 30 (b) A rental agreement may include an escalation clause for a pro rata 31 share of any increase or decrease in the floating home marina's property 32 taxes, utility assessments or other services as included in the monthly 33 rental charge, after the effective date of such a change. 34 (3) No fees may be charged except for rent, services and utilities actu- 35 ally provided. 36 (4) No fees can be charged for services unless the services are listed in 37 the rental agreement or unless ninety (90) days' notice is given. 38 (5) A tenant shall not be charged a fee for the enforcement of any of the 39 rules and regulations of the floating home marina, except as provided in the 40 rental agreement or rules and regulations of the floating home marina. 41 (6) Unless the tenant specifically requests the service from the landlord 42 in writing, a tenant shall not be charged a fee for entry, installation, hook- 43 up or improvements as a condition of tenancy except for an actual fee or cost 44 imposed by a local governmental ordinance or requirement directly related to 45 the occupancy of the specific moorage site where the floating home is located 46 and incurred as a portion of the development of the floating home marina as a 47 whole. However, reasonable improvements and maintenance requirements may be 48 included in the floating home marina rules and regulations. The landlord shall 49 not require a tenant or prospective tenant to purchase, rent or lease goods or 50 services for improvements from any person, company or corporation. 51 (7) Where the landlord provides master meter utilities to a tenant, the 52 cost of the utilities must be separately stated each billing period along with 53 the opening and closing meter readings. The landlord must also post the cur- 4 1 rent rates charged by the utility in at least one (1) conspicuous place in the 2 floating home marina. 3 (8) The landlord shall maintain year round facilities for garbage and 4 trash disposal from the floating home marina. 5 (9) The landlord shall maintain entry lights and common area lighting, if 6 any, in good working order. 7 (10) The landlord shall not prevent the ingress or egress to watercraft 8 moorage contained within a floating home. 9 55-2709. EVICTION FROM MARINA. The landlord shall not terminate or refuse 10 to renew a tenancy, except for a reason specified in this chapter and upon the 11 giving of not less than ninety (90) days' written notice to the tenant in the 12 manner prescribed by this section, to remove the floating home from the float- 13 ing home marina within a period of not less than ninety (90) days, which 14 period shall be specified in the notice. A copy of this notice shall be served 15 upon the legal owner of the floating home either by: 16 (1) Personally serving a copy of the notice upon the legal owner; or 17 (2) Mailing a copy of the notice to the last known address of the legal 18 owner and posting the notice conspicuously upon the floating home residence. 19 55-2710. REASONS FOR EVICTION -- STATEMENT OF EVICTION REASONS IN NOTICE. 20 (1) The grounds for which a tenancy may be terminated and a tenant evicted 21 shall be: 22 (a) Conduct by tenant or tenant's guest which constitutes a nuisance to 23 other floating home owners, marina tenants or marina owner; 24 (b) Substantial or repeated violation of the reasonable rules and regula- 25 tions of the marina; 26 (c) Nonpayment of rent; 27 (d) Other material breach of a rental agreement; or 28 (e) Condemnation of the marina. 29 (2) The landlord shall set forth in a notice of termination the reason 30 relied upon for the termination with sufficient specificity to permit determi- 31 nation of the date, place, witnesses, if any, and circumstances concerning 32 such reason. Reference to a section or subsection or a recital of the language 33 of this chapter shall not constitute compliance with this section. 34 (3) In the case of termination of the tenancy and eviction for the rea- 35 sons set out in paragraphs (a), (b), (c) or (d) of subsection (1) of this sec- 36 tion, the tenant shall be given written notice to comply which notice may be 37 given by personal service upon a tenant, or if the tenant cannot be found at 38 the marina, then by mailing a copy of the notice by certified mail to the last 39 mailing address provided by the tenant. In the case of personal service, ser- 40 vice of the notice shall be deemed effected three (3) days after deposit in 41 the United States mail, postage prepaid by registered mail, return receipt 42 requested. If the tenant does not comply within fifteen (15) days following 43 service, landlord may give notice of termination as provided in this chapter. 44 55-2711. EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD. No 45 tenancy shall be terminated for the purpose of making a moorage site available 46 for the landlord or a person who purchases a floating home from the owner of 47 the floating home marina or his agent. 48 55-2712. SALE, TRANSFER, OR REMOVAL OF A FLOATING HOME. (1) No landlord 49 shall deny any tenant who owns his floating home the right to sell a floating 50 home on a rented moorage site or require the tenant to remove the floating 51 home for the moorage site solely on the basis of the sale. 5 1 (2) The landlord shall not exact a commission or a fee for the sale of a 2 floating home on a rented moorage site unless the landlord has acted as an 3 agent for the seller pursuant to a written agreement. The landlord may act as 4 an agent for the seller only upon the voluntary agreement of the seller. 5 (3) The new rental agreement must be signed by the landlord and a pro- 6 spective tenant prior to the sale, transfer, assignment or subletting of the 7 floating home if the floating home is to remain at the floating home marina. 8 From the date of sale, assignment, transfer or subletting, the new tenant 9 shall be bound by the agreement. 10 (4) No floating home shall be removed from any floating home marina until 11 the rental payment, including the month when the floating home is removed, is 12 paid, or until the provisions of section 55-2713, Idaho Code, have been fully 13 complied with and the landlord notified of the date and time of removal. 14 (5) A tenant shall notify the landlord in writing ninety (90) days prior 15 to the expiration of a rental agreement of an intention not to renew the 16 rental agreement. 17 55-2713. NOTICE TO OWNER. (1) Any legal owner of a floating home in order 18 to be protected under this section must notify the landlord in writing of his 19 secured or other legal interest. 20 (2) If the tenant becomes sixty (60) days in arrears in his rent or at 21 the time of the suspected abandonment by the tenant of a moorage site, the 22 landlord shall notify the legal owner of the floating home of his liability 23 for any costs incurred for the floating home site for such floating home, 24 including rent owing. The legal owner shall be responsible for utilities from 25 the date of notice. Any and all costs shall, after the giving of such notice, 26 become the responsibility of the legal owner of the floating home. The float- 27 ing home may not be removed from the moorage site without a signed written 28 receipt or agreement from the landlord, owner, or manager showing payment of 29 charges due or agreement with the legal owner for removal of the floating 30 home. 31 55-2714. TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant 32 of a floating home marina may file an action against a landlord for damages 33 and specific performance for: 34 (a) Failure to maintain in good working order, to the terminal point of 35 service, electrical, water or sewer services supplied by the landlord; 36 (b) Maintaining those portions of the premises open to use by the tenant 37 in a manner hazardous to the health or safety of the tenant including, but 38 not limited to, a continuing violation of any of the following: 39 (i) Any rule adopted by the department of health and welfare gov- 40 erning public drinking water systems; 41 (ii) Any rule adopted by the department of health and welfare gov- 42 erning hazardous waste; 43 (iii) Any rule adopted by the public health district in which the 44 floating home marina is located governing wastewater and on-site sew- 45 age treatment systems; 46 (iv) Any provisions of the uniform fire code, as amended by the pro- 47 visions of a fire code adopted by the county or municipality in which 48 the floating home marina is located; 49 (v) Any provisions of the uniform building code, as amended by the 50 provisions of any building code adopted by the state, county or 51 municipality in which the floating home marina is located. 52 (c) Material breach of any specific term of a rental agreement. 53 (2) Upon filing the complaint, a summons must be issued, served and 6 1 returned as in other actions. Provided however, that in an action exclusively 2 for specific performance, at the time of issuance of the summons, the court 3 shall schedule a trial within twelve (12) days from the filing of the com- 4 plaint, and the service of the summons, complaint and trial setting on the 5 defendant shall be not less than five (5) days before the day of trial 6 appointed by the court. If the plaintiff brings an action for damages with an 7 action for specific performance, the early trial provision shall not be appli- 8 cable, and a summons must be issued returnable as in other cases upon filing 9 the complaint. 10 (3) In an action under this section, the plaintiff, in his complaint, 11 must set forth facts on which he seeks to recover, describe the premises, and 12 set forth any circumstances which may have accompanied the failure or breach 13 by the landlord. 14 (4) If upon the trial, the verdict of the jury, or, if the case be tried 15 without a jury, the finding of the court, be in favor of the plaintiff against 16 the defendant, judgment shall be entered for such special damages as may be 17 proven. General damages may be awarded but shall not exceed five hundred dol- 18 lars ($500). Judgment may also be entered requiring specific performance for 19 any breach of agreement shown by the evidence and for costs and disbursements. 20 (5) Before a tenant shall have standing to file an action under this sec- 21 tion, he must give his landlord three (3) days' written notice, listing each 22 failure or breach upon which his action will be premised and written demand 23 requiring performance or cure. If, within three (3) days after service of the 24 notice, any listed failure or breach has not been performed or cured by the 25 landlord, or in the event of damage to the premises or other default not capa- 26 ble of cure within three (3) days and the landlord has not provided written 27 assurance to the tenant that a cure will be effected within a reasonable time, 28 the tenant may proceed to commence an action for damages and specific perfor- 29 mance. 30 (6) The notice required in subsection (5) of this section shall be served 31 either: 32 (a) By delivering a copy to the landlord or his agent personally; or 33 (b) By leaving a copy with an employee at the usual place of business of 34 the landlord or his agent if the landlord or his agent is absent from his 35 usual place of business; or 36 (c) By sending a copy of the notice to the landlord or his agent by cer- 37 tified mail, return receipt requested. 38 (7) Nothing in this section shall bar either the landlord or the tenant 39 from bringing such civil action for relief to which said party is otherwise 40 entitled. 41 55-2715. RETALIATORY CONDUCT BY LANDLORD PROHIBITED. The landlord shall 42 not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease 43 service he normally supplies, or threaten to bring an action for repossession 44 of a floating home site as retaliation against the tenant because the tenant 45 has: 46 (1) Complained in good faith about a violation of a building, safety or 47 health code or regulation pertaining to a floating home marina to the govern- 48 mental agency responsible for enforcing the code or regulation. 49 (2) Complained to the landlord concerning the maintenance or condition of 50 the marina, rent charged, or rules and regulations. 51 (3) Organized, became a member of or served as an official in a 52 homeowner's association, or similar organization, at a local, regional, state 53 or national level. 54 (4) Retained counsel or an agent to represent his interests. 7 1 55-2716. TENANT ASSOCIATIONS. (1) The tenants in a floating home marina 2 have the right to organize a tenant or homeowner's association to further 3 their mutual interests and to conduct any other business and programs which 4 the association shall determine. When an association is organized it shall 5 notify the landlord. 6 (2) The landlord must meet and confer with homeowners or their represen- 7 tatives, including any persons designated by a resident organization, within 8 thirty (30) days of a request concerning: 9 (a) Rule changes; 10 (b) Maintenance of facilities; 11 (c) Addition or deletion of services or facilities; or 12 (d) Rental agreements. 13 55-2717. ARBITRATION. The landlord and tenant may agree in writing to 14 submit a controversy under the provisions of this chapter to arbitration 15 through the better business bureau, or similar private association or as 16 otherwise provided in Idaho law. 17 55-2718. PENALTIES. If upon the trial of any action brought under the 18 provisions of section 55-2714, Idaho Code, or those of section 6-303, Idaho 19 Code, the court shall find that the defendant acted with malice, wantonness, 20 or oppression, judgment may be entered for three (3) times the amount at which 21 actual damages are assessed. 22 55-2719. ATTORNEY'S FEES. In any action brought under the provisions of 23 this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those 24 cases where treble damages are awarded, the prevailing party shall be entitled 25 to an award of attorney's fees. 26 55-2720. VENUE. Venue for any action arising under this chapter shall be 27 in the district court of the county in which the floating home marina is 28 located.
STATEMENT OF PURPOSE
RS 07633C1
There are currently on Idaho's lakes approximately 200 floating
homes. Most of these homes are located within marinas owned by
parties other than the owners of the floating homes (i.e.,
commercial marinas). Moorage sites for floating homes are over and
upon public waters of the state. It is the policy of the Idaho Land
Board and the Department of Lands, which is charged with
administering navigational encroachment permits under title 58,
chapter 13 of the Idaho Code, that no additional commercial moorage
sites for floating home moorage will be permitted. Although existing
floating homes may be permitted to move to riparian property outside
a commercial marina, this would require acquisition by a floating
home owner of such riparian land. Thus, owners of floating homes
have little or no recourse if they become subject to unfair rental
practices. This legislation requires that the respective rights and
responsibilities of floating home marina owners and owners of
floating homes be set out in a written rental agreement. The
legislation provides for remedies, imposes a good faith standard of
conduct, provides for arbitration of disputes and an obligation to
meet and confer with tenants and resident organizations.
FISCAL NOTE
None. This legislation imposes no additional obligations upon the
State of Idaho or upon any units of local government which would
require the expenditure of public funds.
Contact: Rep. Wayne Meyer (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 669