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H0519...........................................................by BUSINESS MOBILE HOME PARKS - Amends existing law relating to mobile home parks to provide that certain provisions be an implicit part of any offer or counteroffer to purchase a mobile home park; and to provide a limitation on the landlord of a mobile home park following the service of a notice of cessation. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 519 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO MOBILE HOME PARKS; AMENDING SECTION 55-2007, IDAHO CODE, TO PRO- 3 VIDE CERTAIN PROVISIONS TO BE AN IMPLICIT PART OF ANY OFFER OR 4 COUNTEROFFER TO PURCHASE A MOBILE HOME PARK AND TO MAKE TECHNICAL CORREC- 5 TIONS; AND AMENDING SECTION 55-2010, IDAHO CODE, TO PROVIDE LIMITATIONS ON 6 THE LANDLORD OF A MOBILE HOME PARK FOLLOWING THE SERVICE OF A NOTICE OF 7 CESSATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 55-2007, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 55-2007. REQUIRED PROVISIONS AND EXCLUSIONS -- DISCLOSURES. (1) Any 12 rental agreement executed between the landlord and tenant shall contain: 13 (a) The terms for the payment of rent, including the time and place for 14 payment, and a description of any additional charges to be paid to the 15 landlord by the tenant. Additional charges that occur less frequently than 16 monthly shall be itemized in a billing to the tenant; 17 (b) A description of the utilities and services which are included in the 18 monthly rent; 19 (c) The rules of the park; 20 (d) The names and addresses of the manager of the mobile home park and 21 the owner of the mobile home park or a person who resides in the state 22 where the mobile home park is located who is authorized to act as agent 23 for the owner; and 24 (e) The terms and conditions under which any deposit or portion thereof 25 may be withheld by the landlord upon termination of the rental agreement 26 if any moneys are paid to the landlord by the tenant as a deposit or as 27 security for performance of the tenant's obligations in a rental agree- 28 ment. 29 (2) Any rental agreement executed between the landlord and tenant shall 30 not contain: 31 (a) Any provision by which the tenant agrees to waive or forego rights or 32 remedies under this chapter; or 33 (b) Any provision allowing the landlord to charge an "entrance fee" or an 34 "exit fee." The expense of repairs or maintenance required by the landlord 35 as a condition of the landlord's approval of a rental application shall 36 not constitute an "entrance fee" or "exit fee" as those terms are used 37 herein.; or 38 (c) Any provision which unreasonably restricts access to the mobile home 39 park by invitees of the tenant. 40 (3) The following terms and conditions shall be an implicit part of any 41 rental agreement between the landlord and tenant: 42 (a) The landlord shall provide a base upon which the mobile home is to be 43 located, prepared in accordance with the provisions of section 44-2201, 2 1 Idaho Code. 2 (b) The landlord shall, prior to removal of the wheels and axles, approve 3 the positioning of the mobile home upon the mobile home lot. 4 (c) The landlord shall not permit any portion of the mobile home, includ- 5 ing the tongue, to extend into a roadway. 6 (d) The landlord shall maintain street lights, entry lights and common 7 area lighting, if any, in good working condition. 8 (e) The landlord shall have the right of entry upon the mobile home lot 9 for maintenance of utilities, protection of the mobile home park and peri- 10 odic inspection of the premises, but shall not, except in the case of 11 emergency or suspected abandonment by the tenant, otherwise have the right 12 of entry to such lot without the consent of the tenant. 13 (f) The landlord shall notify each tenant within fifteen (15) days after 14 a petition has been filed by the landlord for a change in the zoning of 15 the land upon which the mobile home park is situated. 16 (g) The provisions of this paragraph shall be an implicit term of any 17 offer or counteroffer to purchase a mobile home park or such portion of a 18 mobile home park that consists of two (2) or more mobile home lots: 19 (i) In the event that the landlord accepts an offer to purchase the 20 mobile home park, the landlord shall notify the tenants in the same 21 notice as required in section 55-2010(1)(c), Idaho Code, stating the 22 amount and the terms of the offer. 23 (ii) The tenant association, established pursuant to section 24 55-2013A, Idaho Code, or an advocacy organization, as defined in sec- 25 tion 67-8102, Idaho Code, shall have ninety (90) days following the 26 mailing of the notice of cessation within which to notify the land- 27 lord as to whether the tenant association or the advocacy organiza- 28 tion desires to purchase the mobile home park at the same price and 29 on the same terms as contained in the offer accepted by the landlord. 30 Any neglect or failure on the part of the tenant association or the 31 advocacy organization to timely respond to the landlord's notice of 32 the offer shall be conclusively deemed to be an election not to pur- 33 chase the mobile home park. 34 (iii) If the tenant association or the advocacy organization elects 35 to purchase the mobile home park, the landlord shall convey the 36 mobile home park to the tenant association or the advocacy organiza- 37 tion for the price and on the terms contained in the offer. 38 (iv) If the tenant association or the advocacy organization elects 39 either directly or indirectly not to purchase the mobile home park in 40 accordance with the terms and conditions of the offer, then the land- 41 lord shall be at liberty to sell and convey the mobile home park for 42 a price not less than that contained in the accepted offer. 43 (v) If the landlord thereafter elects to offer the mobile home park 44 at a price lower than the price specified in the landlord's notice to 45 the tenants, the tenants, by and through the tenant association or 46 the advocacy organization, shall have an additional ten (10) days to 47 meet the price and terms and conditions of the landlord by executing 48 a contract to purchase the mobile home park. 49 (4) Upon request, the landlord shall, prior to the execution of a rental 50 agreement, provide the tenant with a written statement containing the follow- 51 ing information: 52 (a) The name, address and telephone number of the owner or manager of the 53 mobile home park. 54 (b) A general description of the types of homes which may be brought into 55 the mobile home park. 3 1 (c) A general description of the boundaries of the space to be provided. 2 (d) A description of the utilities and services which are included in the 3 rent. 4 (e) A description of other utilities and services which are available 5 within the park. 6 (f) A description of the zoning under which the mobile home park oper- 7 ates, and the governmental entity having zoning jurisdiction. 8 (g) The date and amount of the most recent rent increase. 9 SECTION 2. That Section 55-2010, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 55-2010. TERMINATIONS. (1) Tenancy during the term of a rental agreement 12 may be terminated by the landlord only for one (1) or more of the following 13 reasons: 14 (a) Substantial or repeated violation of the written rules of the mobile 15 home park. The tenant shall be given written notice to comply. If the ten- 16 ant does not comply within three (3) days, the tenant may be given notice 17 of a twenty (20) day period in which to vacate. In the case of periodic 18 rather than continuous violation, said notice shall specify that the same 19 violation repeated shall result in the termination. 20 (b) Nonpayment of rent or other charges specified in the rental agree- 21 ment. The tenant shall be given written notice. If the tenant does not pay 22 within three (3) days the tenant may be given notice of a twenty (20) day 23 period in which to vacate. 24 (c) Cessation of the mobile home space rental operation, provided that 25 the landlord gives the tenant not less than one hundred eighty (180) days' 26 notice in writing prior to the date designated in the notice of termina- 27 tion. 28 (2) Except where there will be a cessation of the mobile home space 29 rental operation, a landlord shall give the tenant no less than ninety (90) 30 days' written notice of an intention not to renew the rental agreement. 31 (3) Where there will be a cessation of the mobile home space rental oper- 32 ation, the landlord must provide the tenant with the same one hundred eighty 33 (180) day notice as required in subsection (1)(c) of this section. Following 34 the service of the notice of cessation: 35 (a) The landlord may not charge a tenant any penalty, fee or unaccrued 36 rent for moving out of the mobile home park prior to the end of the one 37 hundred eighty (180) day notice period; however, the landlord may charge a 38 tenant for rent for any period during which the tenant occupies the mobile 39 home lot; and 40 (b) The landlord may not increase the rent for a mobile home lot after 41 giving notice of cessation to the tenant under this subsection. 42 (34) A tenant shall notify the landlord in writing thirty (30) days prior 43 to the expiration of a rental agreement of an intention not to renew the 44 rental agreement. 45 (45) Any tenant who is a member of the armed forces may, without penalty, 46 terminate a rental agreement with less than thirty (30) days' notice if he 47 receives reassignment orders which do not allow greater notice. 48 (56) The tenant may terminate the rental agreement upon thirty (30) days' 49 written notice whenever a change in the location of the tenant's employment 50 requires a change in his residence.
STATEMENT OF PURPOSE
RS 17781C1
The purpose of this legislation is to allow a tenant association in
a mobile home park, which is about to be sold, to have the right of
first refusal to purchase the park on the same terms as the
landlord's accepted offer. An advocacy organization may also have
that same right. The legislation sets a time limit of 90 days for
the tenant association or advocacy organization to match the
accepted offer. The legislation also states that after the
landlord gives notice of park cessation, the landlord may not
increase the rent nor charge a fee of unaccrued rent for moving out
of the park.
FISCAL NOTE
There is no impact to the general fund.
Contact
Name: Rep. Phylis King
Phone: 332-1227
Rep. JoAnWood
332-1212
STATEMENT OF PURPOSE/FISCAL NOTE H 519