Print Friendly HOUSE BILL NO. 347
– Floating homes, rents, change
HOUSE BILL NO. 347
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H0347......................................................by STATE AFFAIRS
FLOATING HOMES - Amends existing law relating to floating homes to provide
that the changes in rents by landlords shall be reasonable; and to provide
factors to be considered in determining whether a change in rent is
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 347
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE FLOATING HOMES RESIDENCY ACT; AMENDING SECTION 55-2708, IDAHO
3 CODE, TO PROVIDE THAT CHANGES IN RENTS BY LANDLORDS SHALL BE REASONABLE
4 AND TO PROVIDE FACTORS TO BE CONSIDERED IN DETERMINING WHETHER A CHANGE IN
5 RENT IS REASONABLE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 55-2708, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 55-2708. ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES -- FEES. (1) A
10 landlord may increase or decrease rents only after ninety (90) days' written
11 notice to the tenants.
12 (2) Changes in rents shall be reasonable. Factors to be considered in
13 determining whether a change in rent is reasonable are as follows:
14 (a) The rent provided in the current rental agreement between the land-
15 lord and tenant;
16 (b) The rent charged by comparable marinas;
17 (c) The landlord's costs associated with owning, controlling, and main-
18 taining the marina, including the uplands that support the marina or moor-
19 age area, and the landlord's need for realizing a reasonable rate of
20 return over such costs;
21 (d) The availability and costs of alternative long-term float home moor-
22 age sites;
23 (e) The opportunity costs, if any, borne by the landlord by not convert-
24 ing the floating home marina, including adjacent uplands, to uses that
25 would exclude moorage for float homes; and
26 (f) The need to maintain price stability in a market restricted by state
27 regulation of navigable waters and limited availability of float home
28 moorage sites.
29 (3) Except as provided herein, rental increases shall be uniform through-
30 out the floating home marina. Notwithstanding the foregoing provision:
31 (a) When rents within a floating home marina are structured by reason of
32 slip or floating home size, amenities, slip location or otherwise, rental
33 increases shall be uniform among all floating homes in the same rent tier;
35 (b) A rental agreement may include an escalation clause for a pro rata
36 share of any increase or decrease in the floating home marina's property
37 taxes, utility assessments or other services as included in the monthly
38 rental charge, after the effective date of such a change.
39 ( 34) No fees may be charged except for rent, services and utilities actu-
40 ally provided.
41 ( 45) No fees can be charged for services unless the services are listed
42 in the rental agreement or unless ninety (90) days' notice is given.
43 ( 56) A tenant shall not be charged a fee for the enforcement of any of
1 the rules and regulations of the floating home marina, except as provided in
2 the rental agreement or rules and regulations of the floating home marina.
3 ( 67) Unless the tenant specifically requests the service from the land-
4 lord in writing, a tenant shall not be charged a fee for entry, installation,
5 hookup or improvements as a condition of tenancy except for an actual fee or
6 cost imposed by a local governmental ordinance or requirement directly related
7 to the occupancy of the specific moorage site where the floating home is
8 located and incurred as a portion of the development of the floating home
9 marina as a whole. However, reasonable improvements and maintenance require-
10 ments may be included in the floating home marina rules and regulations. The
11 landlord shall not require a tenant or prospective tenant to purchase, rent or
12 lease goods or services for improvements from any person, company or corpora-
14 ( 78) Where the landlord provides master meter utilities to a tenant, the
15 cost of the utilities must be separately stated each billing period along with
16 the opening and closing meter readings. The landlord must also post the cur-
17 rent rates charged by the utility in at least one (1) conspicuous place in the
18 floating home marina.
19 ( 89) The landlord shall maintain year round facilities for garbage and
20 trash disposal from the floating home marina.
21 ( 910) The landlord shall maintain entry lights and common area lighting,
22 if any, in good working order.
23 (1 01) The landlord shall not prevent the ingress or egress to watercraft
24 moorage contained within a floating home.
STATEMENT OF PURPOSE
This legislation amendment the Floathome Residency Act to
address issues of fairness in floathome rental rates by
specifically providing for arbitration in disputes over float
home rental rate increases. Reasonableness in rate increases
will be based on the marina owner’s costs of owning or
controlling the uplands, plus profit, prorated across the
marina. The opportunity costs experienced by not converting the
uplands to uses other than supporting a marina may also be
No fiscal impact.
Name: George Bacon
Agency: Lands, Dept of
STATEMENT OF PURPOSE/FISCAL NOTE H 347