Courts may appoint receivers to address mobile home park problems

The health department may ask a court to place a mobile home park under a receiver’s control. The health department commissioner serves as receiver and may designate a qualified person or nonprofit to carry out the work. A designated individual may not work for the state or a local government. The department may petition after revoking the park’s license for repeated or serious violations, or to protect health or safety. The court may grant the petition only if it finds repeated or serious violations, or a serious threat to health or safety if an existing condition continues. The receiver must use park income and assets to operate the park and try to correct the problems, and may not sell the park’s assets. The receivership ends when the problems are corrected and certified, the park’s license is restored or a new one is issued, or the owner closes the park and residents secure other suitable housing.

Owners of existing mobile home parks must give tenants required information and follow rules about park changes, charges, and tenant protections. These provisions cover people who own or purchase an existing mobile home park and tenants who live there. Owners must provide management and ownership contacts, acknowledge complaints within two business days, and provide lease terms and changes within ten business days of a tenant’s written request. Most rule changes require 30 days’ advance notice. A tenant whose home fails a changed rule generally gets three months to fix it or leave before eviction; a relocation delay documented by a home mover can extend that period, up to two additional months. Owners may not force tenants to sell their homes to the park owner. Utility charges generally may not exceed the owner’s actual cost, except for an administrative fee of up to $3; late fees are capped at 10% of monthly rent plus $5 per day. Other exceptions and requirements apply. Ownership-change notices are due within five business days after the change takes effect. Rule-change notices are generally due at least 30 days before changes take effect.

A tenant may raise a park owner’s violation of mobile home park requirements as a defense in an eviction case. The provision applies to tenants facing eviction from a mobile home park. If the court finds the landlord violated a requirement, it may not order the eviction. In a second or later eviction case between the same parties, the tenant may raise only violations that arose after an earlier court order, or violations the court did not know about when it issued that order.

Park operators must obtain a license, and the health department may inspect parks and take enforcement action for violations. Licensing and enforcement provisions cover mobile home parks, recreational vehicle parks, and campgrounds. A new owner must obtain a license within 30 days after a sale. The department may waive fees and inspections for parks owned by the state, a municipality, or a nonprofit organization. Before disciplinary action, the department must give written notice and allow 30 days to correct a problem; it may allow more time for a good-faith effort to comply. The department may assess up to $100 per day for operating without a license, capped at $10,000. A new owner must obtain a license within 30 days of the sale. The department must allow 30 days to correct a problem before disciplinary action, with possible extra time for a good-faith effort.