1998 Legislation
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HOUSE BILL NO. 669, As Amended – Floating Homes Residency Act

HOUSE BILL NO. 669, As Amended

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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

Bill Text


H0669


                                                                        
 ||||              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
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 / Fiscal Impact


    





                           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