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S1433aa....................................................by STATE AFFAIRS
FLOATING HOMES - Amends existing law relating to floating homes to provide
reasonable rental rates; to provide factors to be considered in determining
whether a change in rent is reasonable; and to provide a procedure for
arbitration.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to St Aff
02/26 Rpt out - to 14th Ord
03/06 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 33-1-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- Corder
Absent and excused -- Gannon
Floor Sponsor - Jorgenson
Title apvd - to House
03/12 House intro - 1st rdg - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 64-4-2
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Luker, Marriott, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Andrus, Crane, Loertscher, Mathews
Absent and excused -- Henbest, Roberts
Floor Sponsor - Hart
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 303
Effective: 03/28/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1433 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FLOATING HOMES; AMENDING SECTION 55-2708, IDAHO CODE, TO PROVIDE 3 FOR REASONABLE RENTAL RATES, TO PROVIDE FACTORS TO BE CONSIDERED IN DETER- 4 MINING WHETHER A CHANGE IN RENT IS REASONABLE, TO PROVIDE A REBUTTABLE 5 PRESUMPTION RELATING TO REASONABLE RENTAL RATE INCREASES AND TO PROVIDE A 6 PROCEDURE FOR ARBITRATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 55-2708, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 55-2708. ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES -- FEES. (1) A 11 landlord may increase or decrease rents only after ninety (90) days' written 12 notice to the tenants. 13 (2) Rental rates shall at all times be reasonable. Factors to be consid- 14 ered in determining whether a change in rent is reasonable are as follows: 15 (a) The rent provided in previous and current rental agreements between 16 the landlord and tenant; 17 (b) The rent charged by comparable marinas, taking into account such fac- 18 tors as location, facilities, condition, services and other relevant fac- 19 tors; 20 (c) The landlord's costs associated with owning, controlling and main- 21 taining the marina, including the uplands, to the extent reasonably neces- 22 sary to support the marina facilities which serve the floating home, moor- 23 age area and the landlord's need for realizing a reasonable rate of return 24 over such costs; 25 (d) The availability and costs of alternative long-term float home moor- 26 age sites; 27 (e) The need to maintain price stability in a market restricted by state 28 regulation of navigable waters and limited availability of float home 29 moorage sites; and 30 (f) Any other circumstances justifying deviation from the presumed rea- 31 sonable standard. 32 (3) An annual moorage rental rate increase over a prior year of less than 33 five percent (5%) shall be presumed reasonable. This presumption may be rebut- 34 ted by either the tenant or the marina owner if either believes the circum- 35 stances so warrant. 36 (4) If twenty-five percent (25%) or more of the tenants within a marina, 37 or the marina owner, assert that a moorage rental increase is unreasonable 38 under any circumstances, the dispute shall be resolved by arbitration. The 39 tenants must appoint a single party to act as their agent in the arbitration 40 proceeding. 41 (a) The tenants' agent and the marina owner shall mutually agree upon one 42 (1) or more arbitrators. If the parties cannot mutually agree upon one (1) 43 or more arbitrators, the parties may petition the district court in the 2 1 judicial district in which the marina in question is situated, which shall 2 appoint an arbitrator or panel of arbitrators for the parties. 3 (b) In determining what constitutes a reasonable increase in a moorage 4 rental rate the arbitrator shall consider and make written findings on 5 each of the factors set forth in subsection (2) of this section. 6 (c) The arbitrator shall afford any party to the arbitration an opportu- 7 nity to be heard as provided herein. 8 (i) A hearing may be requested by a party requesting arbitration by 9 including the request for hearing in the request for arbitration; 10 (ii) Other parties to the arbitration may request a hearing within 11 five (5) business days after service upon them of the request for 12 arbitration; 13 (iii) The hearing may be informal in nature provided the arbitrator 14 adopts a hearing procedure that reasonably affords each party to the 15 arbitration an opportunity to be heard; 16 (iv) The arbitrator shall issue written findings and conclusions 17 within sixty (60) days of the appointment of the arbitrator, unless 18 such time is extended by the written stipulation of the parties or 19 upon a finding by the arbitrator that additional time is reasonably 20 required; 21 (v) The costs of arbitration and the fees of the arbitrator shall 22 be paid one-half (1/2) by the tenants and one-half (1/2) by the 23 marina owner. 24 (5) 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 (36) No fees may be charged except for rent, services and utilities actu- 35 ally provided. 36 (47) No fees can be charged for services unless the services are listed 37 in the rental agreement or unless ninety (90) days' notice is given. 38 (58) A tenant shall not be charged a fee for the enforcement of any of 39 the rules and regulations of the floating home marina, except as provided in 40 the rental agreement or rules and regulations of the floating home marina. 41 (69) Unless the tenant specifically requests the service from the land- 42 lord in writing, a tenant shall not be charged a fee for entry, installation, 43 hookup or improvements as a condition of tenancy except for an actual fee or 44 cost imposed by a local governmental ordinance or requirement directly related 45 to the occupancy of the specific moorage site where the floating home is 46 located and incurred as a portion of the development of the floating home 47 marina as a whole. However, reasonable improvements and maintenance require- 48 ments may be included in the floating home marina rules and regulations. The 49 landlord shall not require a tenant or prospective tenant to purchase, rent or 50 lease goods or services for improvements from any person, company or corpora- 51 tion. 52 (710) Where the landlord provides master meter utilities to a tenant, the 53 cost of the utilities must be separately stated each billing period along with 54 the opening and closing meter readings. The landlord must also post the cur- 55 rent rates charged by the utility in at least one (1) conspicuous place in the 3 1 floating home marina. 2 (811) The landlord shall maintain year round facilities for garbage and 3 trash disposal from the floating home marina. 4 (912) The landlord shall maintain entry lights and common area lighting, 5 if any, in good working order. 6 (103) The landlord shall not prevent the ingress or egress to watercraft 7 moorage contained within a floating home.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Jorgenson Seconded by Hammond IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1433 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 29 through 35 and insert: 3 "moorage sites; 4 (f) The opportunity costs, if any, borne by the landlord by not convert- 5 ing the floating home marina, including uplands, to other uses; and 6 (g) Any other circumstances justifying a rental rate."; 7 in line 36, delete "(4)" and insert: "(3)"; on page 2, in line 7, follow- 8 ing "heard" insert: ", if requested,"; in line 24, delete "(5)" and insert: 9 "(4)"; in line 34, delete "(36)" and insert: "(35)"; in line 36, delete "(47)" 10 and insert: "(46)"; in line 38, delete "(58)" and insert: "(57)"; in line 41, 11 delete "(69)" and insert: "(68)"; and in line 52, delete "(710)" and insert: 12 "(79)". 13 On page 3, in line 2, delete "(811)" and insert: "(810)"; in line 4, 14 delete "(912)" and insert: "(911)"; and in line 6, delete "(103)" and insert: 15 "(102)". 16 CORRECTION TO TITLE 17 On page 1, in line 4, delete ", TO PROVIDE A REBUTTABLE"; and in line 5, 18 delete "PRESUMPTION RELATING TO REASONABLE RENTAL RATE INCREASES". 2 Moved by Jorgenson Seconded by Hill IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1433 1 AMENDMENT TO THE BILL 2 On page 3 of the printed bill, following line 7, insert: 3 "SECTION 2. An emergency existing therefor, which emergency is hereby 4 declared to exist, this act shall be in full force and effect on and after its 5 passage and approval.". 6 CORRECTION TO TITLE 7 On page 1, in line 6, following "ARBITRATION" insert: "; AND DECLARING AN 8 EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1433, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FLOATING HOMES; AMENDING SECTION 55-2708, IDAHO CODE, TO PROVIDE 3 FOR REASONABLE RENTAL RATES, TO PROVIDE FACTORS TO BE CONSIDERED IN DETER- 4 MINING WHETHER A CHANGE IN RENT IS REASONABLE AND TO PROVIDE A PROCEDURE 5 FOR ARBITRATION; AND DECLARING AN EMERGENCY. 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) Rental rates shall at all times be reasonable. Factors to be consid- 13 ered in determining whether a change in rent is reasonable are as follows: 14 (a) The rent provided in previous and current rental agreements between 15 the landlord and tenant; 16 (b) The rent charged by comparable marinas, taking into account such fac- 17 tors as location, facilities, condition, services and other relevant fac- 18 tors; 19 (c) The landlord's costs associated with owning, controlling and main- 20 taining the marina, including the uplands, to the extent reasonably neces- 21 sary to support the marina facilities which serve the floating home, moor- 22 age area and the landlord's need for realizing a reasonable rate of return 23 over such costs; 24 (d) The availability and costs of alternative long-term float home moor- 25 age sites; 26 (e) 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 (f) The opportunity costs, if any, borne by the landlord by not convert- 30 ing the floating home marina, including uplands, to other uses; and 31 (g) Any other circumstances justifying a rental rate. 32 (3) If twenty-five percent (25%) or more of the tenants within a marina, 33 or the the marina owner, assert that a moorage rental increase is unreasonable 34 under any circumstances, the dispute shall be resolved by arbitration. The 35 tenants must appoint a single party to act as their agent in the arbitration 36 proceeding. 37 (a) The tenants' agent and the marina owner shall mutually agree upon one 38 (1) or more arbitrators. If the parties cannot mutually agree upon one (1) 39 or more arbitrators, the parties may petition the district court in the 40 judicial district in which the marina in question is situated, which shall 41 appoint an arbitrator or panel of arbitrators for the parties. 42 (b) In determining what constitutes a reasonable increase in a moorage 43 rental rate the arbitrator shall consider and make written findings on 2 1 each of the factors set forth in subsection (2) of this section. 2 (c) The arbitrator shall afford any party to the arbitration an opportu- 3 nity to be heard, if requested, as provided herein. 4 (i) A hearing may be requested by a party requesting arbitration by 5 including the request for hearing in the request for arbitration; 6 (ii) Other parties to the arbitration may request a hearing within 7 five (5) business days after service upon them of the request for 8 arbitration; 9 (iii) The hearing may be informal in nature provided the arbitrator 10 adopts a hearing procedure that reasonably affords each party to the 11 arbitration an opportunity to be heard; 12 (iv) The arbitrator shall issue written findings and conclusions 13 within sixty (60) days of the appointment of the arbitrator, unless 14 such time is extended by the written stipulation of the parties or 15 upon a finding by the arbitrator that additional time is reasonably 16 required; 17 (v) The costs of arbitration and the fees of the arbitrator shall 18 be paid one-half (1/2) by the tenants and one-half (1/2) by the 19 marina owner. 20 (4) Except as provided herein, rental increases shall be uniform through- 21 out the floating home marina. Notwithstanding the foregoing provision: 22 (a) When rents within a floating home marina are structured by reason of 23 slip or floating home size, amenities, slip location or otherwise, rental 24 increases shall be uniform among all floating homes in the same rent tier; 25 and 26 (b) A rental agreement may include an escalation clause for a pro rata 27 share of any increase or decrease in the floating home marina's property 28 taxes, utility assessments or other services as included in the monthly 29 rental charge, after the effective date of such a change. 30 (35) No fees may be charged except for rent, services and utilities actu- 31 ally provided. 32 (46) No fees can be charged for services unless the services are listed 33 in the rental agreement or unless ninety (90) days' notice is given. 34 (57) A tenant shall not be charged a fee for the enforcement of any of 35 the rules and regulations of the floating home marina, except as provided in 36 the rental agreement or rules and regulations of the floating home marina. 37 (68) Unless the tenant specifically requests the service from the land- 38 lord in writing, a tenant shall not be charged a fee for entry, installation, 39 hookup or improvements as a condition of tenancy except for an actual fee or 40 cost imposed by a local governmental ordinance or requirement directly related 41 to the occupancy of the specific moorage site where the floating home is 42 located and incurred as a portion of the development of the floating home 43 marina as a whole. However, reasonable improvements and maintenance require- 44 ments may be included in the floating home marina rules and regulations. The 45 landlord shall not require a tenant or prospective tenant to purchase, rent or 46 lease goods or services for improvements from any person, company or corpora- 47 tion. 48 (79) Where the landlord provides master meter utilities to a tenant, the 49 cost of the utilities must be separately stated each billing period along with 50 the opening and closing meter readings. The landlord must also post the cur- 51 rent rates charged by the utility in at least one (1) conspicuous place in the 52 floating home marina. 53 (810) The landlord shall maintain year round facilities for garbage and 54 trash disposal from the floating home marina. 55 (911) The landlord shall maintain entry lights and common area lighting, 3 1 if any, in good working order. 2 (102) The landlord shall not prevent the ingress or egress to watercraft 3 moorage contained within a floating home. 4 SECTION 2. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval.
STATEMENT OF PURPOSE
RS 17886C1
This legislation amends the Floating Homes Residency Act to provide
statutory authority for the Land Board policy that floating home
moorage rates upon Idaho's public waters be reasonable. This
amendment to Idaho Code 55-2708 also establishes a process of
arbitration of moorage rental rate disputes, requires that not less
than 25% of the owners of floating homes in any marina or a marina
owner can petition for appointment of an arbitrator to enter a
binding arbitration decision. Factors to be considered by an
arbitrator in determining the reasonableness of moorage rates are:
(a) the current rental rate; (b) the rent charged by comparable
marinas; (c) the marina owner's costs of owning or controlling the
uplands, and need for a reasonable rate of return; (d) availability
and costs of alternative long-term floating home moorage sites; (d)
the need to maintain price stability in a market limited by state
regulation and limited availability; and, other factors.
FISCAL NOTE
No fiscal impact.
Contact
Name: Senator Mike Jorgenson
Phone: 208-334-1384
Representative Phil Hart
Representative Mary Lou Shepherd
Lyn Darrington
STATEMENT OF PURPOSE/FISCAL NOTE S 1433