Print Friendly HOUSE BILL NO. 669, As Amended – Floating Homes Residency Act
HOUSE BILL NO. 669, As Amended
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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
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
Absent and excused--Darrington, Hansen, Hawkins, Ipsen, McLaughlin,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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
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.
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
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-
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.
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;
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-
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.
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
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
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-
30 (6) The notice required in subsection (5) of this section shall be served
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
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
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.
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
STATEMENT OF PURPOSE
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.
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