SENATE BILL No. 617
July 12, 2001, Introduced by Senators GARCIA, HAMMERSTROM and SIKKEMA and
referred to the Committee on Economic Development, International Trade and
Regulatory Affairs.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 11, 12,
13, 14, 16, 16a, 17, 18, 21, 22, 23, 24, 25, 27, 28, 28a, 28b,
28c, 29, 30, 30a, 30b, 30c, 30d, 30e, 30f, 30g, 30h, 31, 38, and
43 (MCL 125.2301, 125.2302, 125.2303, 125.2304, 125.2305,
125.2306, 125.2307, 125.2311, 125.2312, 125.2313, 125.2314,
125.2316, 125.2316a, 125.2317, 125.2318, 125.2321, 125.2322,
125.2323, 125.2324, 125.2325, 125.2327, 125.2328, 125.2328a,
125.2328b, 125.2328c, 125.2329, 125.2330, 125.2330a, 125.2330b,
125.2330c, 125.2330d, 125.2330e, 125.2330f, 125.2330g, 125.2330h,
125.2331, 125.2338, and 125.2343), section 28 as amended by 1993
PA 241 and sections 28a, 28b, 28c, and 43 as added and section 38
as amended by 1988 PA 337; and to repeal acts and parts of acts.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to create a
mobile
home MANUFACTURED HOUSING com-
3 mission; to prescribe its powers and duties and those of local
4 governments; to provide for a
mobile home MANUFACTURED HOUSING
5 code and the licensure, regulation, construction, operation, and
6 management of mobile
MANUFACTURED home parks, the
licensure and
7 regulation of retail sales
dealers, warranties of mobile
8 MANUFACTURED homes, and service practices of dealers; to provide
9 for the titling of mobile
MANUFACTURED homes; to prescribe
the
10 powers and duties of certain agencies and departments; to provide
11 remedies and penalties; to
declare the act to be remedial; to
12 repeal this act on a
specific
date; and to repeal certain acts
13 and parts of acts.
14 Sec. 1. This act shall be known and may be cited as "the
15 mobile home
MANUFACTURED
HOUSING commission act".
16 Sec. 2. As used in this act:
17 (a) "Campground" means a campground as defined in
18 section 12501 of the public
health code, Act No. 368 of the
19 Public Acts of 1978,
being
section 333.12501 of the Michigan
20 Compiled Laws
1978 PA 368, MCL
333.12501.
21 (b) "Code" means all or a
part of the mobile home
22 MANUFACTURED HOUSING
code
promulgated pursuant to AS
REQUIRED
23 IN section 5.
24 (c) "Commission" means the
mobile home code MANUFACTURED
25 HOUSING commission CREATED UNDER SECTION 3.
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1 (d) "Department" means the
department of commerce CONSUMER
2 AND INDUSTRY SERVICES.
3 (e) "Installer and repairer" means a person, including a
4 mobile
MANUFACTURED home
dealer, who for compensation
installs
5 or repairs mobile
MANUFACTURED
homes.
6 (f) "Local government" means a county or municipality.
7 (g) "Mobile
"MANUFACTURED
home" means a structure, trans-
8 portable in 1 or more sections,
which THAT is built on a chas-
9 sis and designed to be used as a dwelling with or without per-
10 manent foundation, when connected to the required utilities, and
11 includes the plumbing, heating, air-conditioning, and electrical
12 systems contained in the structure. MANUFACTURED HOME INCLUDES A
13 MANUFACTURED HOME AS DEFINED IN SECTION 603(6) OF THE NATIONAL
14 MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF
15 1974, TITLE VI OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
16 1974, PUBLIC LAW 93-383, 42 U.S.C. 5402.
17 (h) "Mobile
"MANUFACTURED
home dealer" means a person
18 other than a manufacturer engaged in the business of buying
19 mobile
MANUFACTURED homes for
resale, exchange, lease, or rent
20 or offering mobile
MANUFACTURED homes for sale, lease,
rent, or
21 exchange to customers.
22 (i) "Mobile
"MANUFACTURED
home park" means a parcel or
23 tract of land under the control of a person upon which 3 or more
24 mobile
MANUFACTURED homes are
located on a continual, nonrecre-
25 ational basis and which
THAT
is offered to the public for that
26 purpose regardless of whether a
charge is made therefor FOR
27 THAT PURPOSE, together with
any
A building, structure,
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1 enclosure, street, equipment, or facility used or intended for
2 use incident to the occupancy of
a mobile MANUFACTURED home.
3 (j) "Municipality" means a city, village, or township.
4 (k) "Person" means an individual, partnership, association,
5 trust, or corporation, or
any
other legal entity or combination
6 of legal entities.
7 (l) "Recreational vehicle" means a vehicle primarily
8 designed and used as temporary living quarters for recreational,
9 camping, or travel purposes, including a vehicle having its own
10 motor power or a vehicle mounted on or drawn by another vehicle.
11 (m) "Seasonal
mobile
MANUFACTURED home park" means a
12 parcel or tract of land under the control of a person upon which
13 3 or more mobile
MANUFACTURED
homes are located on a continual
14 or temporary basis but occupied
on a temporary basis only , and
15 which
THAT is offered to the
public for that purpose regardless
16 of whether a charge is made
therefor FOR THAT PURPOSE,
together
17 with any A
building,
enclosure, street, equipment, or
facility
18 used or intended for use
incident to the occupancy of a
mobile
19 MANUFACTURED home.
Seasonal
mobile MANUFACTURED home park does
20 not include a campground
licensed pursuant ACCORDING to
sec-
21 tions 12501 to 12516 of the
public health code, Act No. 368 of
22 the Public Acts of 1978,
being
sections 333.12501 to 333.12516 of
23 the Michigan Compiled
Laws 1978
PA 368, MCL 333.12501 TO
24 333.12516.
25 (n) "Security interest", "security agreement", "secured
26 party", and "termination statement" have the same meanings as in
27 the uniform commercial code,
Act No. 174 of the Public Acts of
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1 1962, being sections
440.1101 to
440.11102 of the Michigan
2 Compiled Laws
1962 PA 174, MCL
440.1101 TO 440.11102.
3 Sec. 3. (1) The
mobile
home MANUFACTURED HOUSING commis-
4 sion is created within the
department. of commerce.
5 (2) The commission consists of 11 members appointed by the
6 governor with the advice and consent of the senate, each of whom
7 shall be a citizen of this state.
8 (3) The members of the commission shall include each of the
9 following:
10 (a) A representative of an organization whose membership
11 consists of mobile
MANUFACTURED home residents.
12 (b) A representative of financial institutions.
13 (c) Two
THREE operators
of a licensed mobile
14 MANUFACTURED home park.
having
100 or more sites and 1 operator
15 of a licensed mobile
home park
having less than 100 sites.
16 (d) A representative
of
organized labor.
17 (D) (e) An
TWO LOCALLY
elected official of a local
18 government
OFFICIALS.
19 (E) (f)
A licensed
mobile MANUFACTURED home dealer.
20 (F) (g) One resident
TWO
RESIDENTS of a licensed mobile
21 MANUFACTURED home park.
having
100 or more sites and 1 resident
22 of a licensed mobile
home park
having less than 100 sites.
23 (G) (h)
A manufacturer of
mobile MANUFACTURED homes.
24 (4) A person appointed to be a member under
25 subsection (3)(a), (d),
(e),
(g) OR (F), or a member of that
26 person's immediate family shall not have more than a 1% ownership
27 interest in or income benefit
from a manufacturer of mobile
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1 MANUFACTURED homes, a retail
seller of mobile MANUFACTURED
2 homes, a licensed
mobile
MANUFACTURED home park, or a
supplier
3 of ancillary products or
services to the mobile
MANUFACTURED
4 home industry.
5 (5) The term of each member shall be for 3 years. A vacancy
6 in the office of a member shall be filled by the governor for the
7 remainder of the unexpired term, not more than 1 month after the
8 vacancy is created, in the same manner as the original
9 appointment.
10 (6) The per diem compensation of the commission and the
11 schedule for reimbursement of expenses shall be established annu-
12 ally by the legislature.
13 (7) Six members of the commission constitute a quorum for
14 all purposes, notwithstanding the existence of a vacancy in the
15 commission's membership. Action may be taken by the commission
16 by a vote of a majority of the members appointed and serving.
17 Meetings of the commission may be called by the chairperson or by
18 3 members on 3 business days' actual notice. At least 1 meeting
19 shall be held each calendar quarter. The commission may hold
20 meetings anywhere in this state.
21 (8) The commission shall elect a member of the commission as
22 its chairperson and another member as its vice-chairperson. The
23 duties and powers of the
chairperson and vice-chairperson
shall
24 be ARE as
prescribed in the
commission's rules.
25 (9) A member of the commission may be removed from office by
26 the governor for inefficiency, neglect of duty, or misconduct or
27 malfeasance in office. A member of the commission who has a
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1 direct pecuniary interest in a matter before the commission shall
2 disclose that interest before the commission taking action with
3 respect to the matter. ,
which
THE disclosure shall become a
4 part of the record of the commission's official proceedings.
5 Sec. 4. (1) The commission may do all of the following:
6 (a) Promulgate rules to implement and administer this act.
7 (b) Act for the purpose of establishing a uniform policy
8 relating to all phases of
mobile MANUFACTURED home
businesses,
9 mobile
MANUFACTURED home
parks, and seasonal mobile
10 MANUFACTURED home parks.
11 (c) Determine the
sufficiency of local mobile
MANUFACTURED
12 home ordinances which
THAT are
designed to provide A local
13 governments
GOVERNMENT with
superintending control over
14 mobile
MANUFACTURED home
businesses, mobile MANUFACTURED
home
15 parks, or seasonal
mobile homes
MANUFACTURED HOME parks.
16 (d) Conduct public hearings relating to the powers pre-
17 scribed in this subsection.
18 (2) The director of
commerce CONSUMER AND INDUSTRY
19 SERVICES or an authorized representative of the director shall do
20 all of the following:
21 (a) Administer the rules promulgated by the commission.
22 (b) Conduct hearings relating to violations of this act or
23 rules promulgated under this act.
24 (c) Make investigations to determine compliance with this
25 act and rules promulgated under this act.
26 (d) Provide assistance to the commission as the commission
27 requires.
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1 (3) The commission shall not act for the purpose of
2 regulating mobile
MANUFACTURED
homes that are not located
3 within a mobile
MANUFACTURED
home park or a seasonal mobile
4 MANUFACTURED home park, except as relates to the business, sales,
5 and service practices of
mobile
MANUFACTURED home dealers and
6 the business practices of
mobile MANUFACTURED home
installers
7 and repairers.
8 Sec. 5. (1) The commission
shall promulgate the mobile
9 home
MANUFACTURED HOUSING code
subject to section 4. The code
10 shall consist of rules governing all of the following:
11 (a) The licensure, density, layout, permits for construc-
12 tion, AND construction of
mobile MANUFACTURED home parks
13 including standards for roads, utilities, open space, or proposed
14 recreational facilities, and safety measures sufficient to pro-
15 tect health, safety, and welfare
of mobile MANUFACTURED home
16 park residents. , except
THE
RULES DO NOT GOVERN water supply,
17 sewage collection and treatment,
and drainage facilities which
18 are regulated by
THAT the
department of public health
19 ENVIRONMENTAL QUALITY REGULATES.
20 (b) The business, sales,
and service practices of mobile
21 MANUFACTURED home dealers.
22 (c) The business practices
of mobile MANUFACTURED home
23 installers and repairers.
24 (d) The licensure and
regulations REGULATION of mobile
25 MANUFACTURED home installers and repairers.
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1 (e) The setup and
installation of mobile
MANUFACTURED
2 homes inside mobile
MANUFACTURED home parks or seasonal
3 mobile
MANUFACTURED home
parks.
4 (f) The regulation of the responsibilities, under the
5 mobile
MANUFACTURED home
warranty, of the mobile
MANUFACTURED
6 home components manufacturer,
the mobile MANUFACTURED home
7 assembler or manufacturer, and
the mobile MANUFACTURED home
8 dealer, including the time period and relationships of each under
9 the warranty, and the remedies available, if any, if the respon-
10 sible parties cease to operate as a business.
11 (g) Abuses relating to all of the following:
12 (i) Consumer deposits, except utility deposits from consum-
13 ers who are direct customers of utilities regulated by the
14 Michigan public service commission.
15 (ii) Detailed listing of furnishings and fixtures by a manu-
16 facturer of a new
mobile
MANUFACTURED home or a mobile
17 MANUFACTURED home dealer
for a
used mobile MANUFACTURED home.
18 (iii) Disclosure and delivery of manufacturer's warranties.
19 (iv) Used
mobile
MANUFACTURED homes. A mobile
20 MANUFACTURED home dealer shall provide detailed listing of its
21 service records for used
mobile
MANUFACTURED homes which THAT
22 are being sold by the dealer and
of which THAT the dealer has
23 knowledge OF.
24 (h) Applications for and issuance of certificates of title
25 for mobile
MANUFACTURED homes.
26 (2) As part of the code, the commission shall also
27 promulgate rules governing the licensure, density, layout,
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1 permits for construction, and
construction of seasonal mobile
2 MANUFACTURED home parks.
,
including THE RULES SHALL GOVERN
3 standards for roads, utilities, open space, proposed recreational
4 facilities, and safety measures sufficient to protect the health,
5 safety, and welfare of seasonal
mobile MANUFACTURED home park
6 residents. , except
THE RULES
SHALL NOT GOVERN water supply,
7 sewage collection and treatment,
and drainage facilities , which
8 shall be regulated by
THAT the
department of public health
9 ENVIRONMENTAL QUALITY REGULATES.
10 (3) The
IN rules
promulgated for seasonal mobile
11 MANUFACTURED home parks, THE COMMISSION may impose a less strin-
12 gent standard than the rules
promulgated for mobile
13 MANUFACTURED home parks.
14 Sec. 6. (1) The department
of public health ENVIRONMENTAL
15 QUALITY shall promulgate rules
for mobile MANUFACTURED home
16 parks and seasonal
mobile
MANUFACTURED home parks setting
forth
17 minimum standards regulating:
18 (a) Water supply system.
19 (b) Sewage collection and disposal system.
20 (c) Drainage.
21 (d) Garbage and rubbish storage and disposal.
22 (e) Insect and rodent control.
23 (f) General operation, maintenance, and safety.
24 (g) Certification of compliance under section 17.
25 (2) Representatives of local government shall act in an
26 advisory capacity in the promulgation of the code.
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1 (3) The commission shall consult with appropriate state and
2 local governments in developing the procedures for effective
3 coordination of efforts. The commission shall recommend proce-
4 dures to the governor and the legislature for coordinating state
5 agency decisions and activities pertaining to this act.
6 Sec. 7. (1) A local
government which proposes a
standard
7 related to mobile home
parks or
seasonal mobile home parks, or
8 related to mobile homes
located
within a mobile home park or a
9 seasonal mobile home
park that
is higher than the standard pro-
10 vided in this act or the
code;
or a standard related to the busi-
11 ness, sales, and service
practices of mobile home dealers,
or the
12 business of mobile home
installers and repairers, that is
higher
13 than the standard
provided in
this act or the code shall file the
14 proposed standard with
the
commission. A LOCAL GOVERNMENT
THAT
15 PROPOSES 1 OR MORE OF THE FOLLOWING STANDARDS SHALL FILE THE PRO-
16 POSED STANDARD WITH THE COMMISSION:
17 (A) A STANDARD RELATED TO MANUFACTURED HOME PARKS OR SEA-
18 SONAL MANUFACTURED HOME PARKS, OR MANUFACTURED HOMES LOCATED
19 WITHIN A MANUFACTURED HOME PARK OR A SEASONAL MANUFACTURED HOME
20 PARK, THAT IS HIGHER THAN A STANDARD PROVIDED IN THIS ACT OR THE
21 CODE.
22 (B) A STANDARD RELATED TO THE BUSINESS, SALES, AND SERVICE
23 PRACTICES OF MANUFACTURED HOME DEALERS, OR THE BUSINESS OF MANU-
24 FACTURED HOME INSTALLERS AND REPAIRERS, THAT IS HIGHER THAN THE
25 STANDARD PROVIDED IN THIS ACT OR THE CODE.
26 (2) The commission may promulgate rules to establish the
27 criteria and procedure for
implementation of A higher
standards
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1 STANDARD by a local government. The commission shall review and
2 approve the proposed standard unless the standard is unreason-
3 able, arbitrary, or not in the public interest. If the commis-
4 sion does not approve or disapprove the proposed standard within
5 60 days after it is filed with the commission, the standard
6 shall be considered
IS
approved unless the local
government
7 grants the commission additional time to consider the standard.
8 After the proposed standard is approved, the local government may
9 adopt the standard by ordinance.
The ordinance shall MUST
10 relate to a specific section of the code.
11 (3) (2)
A local
government standard related to
mobile
12 MANUFACTURED homes not
located
within a mobile MANUFACTURED
13 home park or seasonal
mobile
MANUFACTURED home park need not be
14 filed with the mobile
home
MANUFACTURED HOUSING commission,
15 unless the standard relates to the business, sales, and service
16 practices of mobile
MANUFACTURED home dealers, or the
business
17 of mobile
MANUFACTURED home
installers and repairers.
18 (4) (3)
A local
government ordinance shall not be
designed
19 as exclusionary to
mobile
MANUFACTURED homes generally
whether
20 the mobile
MANUFACTURED homes
are located inside or outside of
21 mobile
MANUFACTURED home parks
or seasonal mobile
22 MANUFACTURED home parks.
23 (5) (4)
A local
government ordinance shall not
contain a
24 standard for the setup or
installation of mobile
MANUFACTURED
25 homes that is incompatible with, or is more stringent than,
26 either of the following:
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1 (a) The manufacturer's recommended setup and installation
2 specifications.
3 (b) The mobile
MANUFACTURED home setup and
installation
4 standards promulgated by the federal department of housing and
5 urban development
pursuant to
UNDER the national manufactured
6 housing construction and safety standards act of 1974, TITLE VI
7 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW
8 93-383, 42 U.S.C. 5401 to 5426.
9 (6) (5) In
the absence of
any setup or installation
10 specifications or standards for foundations as set forth in sub-
11 section (4)(a)
(5)(A) or (b),
the local government standards
12 for site-built housing
shall
apply.
13 (7) (6)
A local
government ordinance shall not
contain
14 roof configuration standards or special use zoning requirements
15 that apply only to, or
excludes, mobile THAT EXCLUDE,
16 MANUFACTURED homes. A local government ordinance shall not con-
17 tain a manufacturing or construction standard that is incompati-
18 ble with, or is more stringent than, a standard promulgated by
19 the federal department of
housing and urban development
pursuant
20 to UNDER
the national
manufactured housing construction
and
21 safety standards act of 1974, TITLE VI OF THE HOUSING AND COMMU-
22 NITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383, 42 U.S.C. 5401
23 to 5426. A local government ordinance may include reasonable
24 standards relating to
mobile
homes A MANUFACTURED HOME located
25 outside of mobile
A
MANUFACTURED home parks PARK or A
sea-
26 sonal mobile
MANUFACTURED home
parks which ensure PARK THAT
27 ENSURES that mobile
homes
compare A MANUFACTURED HOME
COMPARES
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1 aesthetically to site-built housing located or allowed in the
2 same residential zone.
3 Sec. 11. (1) A person who
desires to develop a mobile
4 MANUFACTURED home park or a
seasonal mobile MANUFACTURED home
5 park shall submit a preliminary plan to the appropriate munici-
6 pality, local health department, county road commission, and
7 county drain commissioner for preliminary approval. The prelimi-
8 nary plan shall include the location, THE layout, THE general
9 design, and a general description of the project. The prelimi-
10 nary plan shall not include detailed construction plans.
11 (2) The municipality may grant preliminary approval if the
12 proposed mobile
MANUFACTURED
home park or seasonal mobile
13 MANUFACTURED home park conforms to applicable laws and local
14 ordinances not in conflict with this act and laws and ordinances
15 relative to ALL OF THE FOLLOWING:
16 (a) Land use and zoning.
17 (b) Municipal water supply, sewage service, and drainage.
18 (c) Compliance with local fire ordinances and state fire
19 laws.
20 (3) The county drain commissioner shall review and may
21 approve outlet drainage. The county road commission shall review
22 and may approve ingress and egress roads. The county road com-
23 mission and the county drain commissioner shall adopt and publish
24 standards to implement this subsection. The county road commis-
25 sion and the county drain
commissioner shall DO not have
26 authority as to interior streets
and drainage in the mobile
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1 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
2 park, unless the streets or drains are dedicated to the public.
3 (4) The local health department shall grant preliminary
4 approval, under the guidance of
the department of public health,
5 for on-site water and
sewage
service and ENVIRONMENTAL QUALITY,
6 FOR general site suitability.
7 (5) If a reviewing agency as provided in this section has
8 not returned the preliminary plan to the developer, either
9 approved, modified, or disapproved within 60 days after it
10 receives the preliminary plan,
the preliminary plan shall be IS
11 considered approved.
12 (6) Coordination of
approvals APPROVAL by state and
local
13 governments shall be provided by
the director of public health
14 THE DEPARTMENT OF
ENVIRONMENTAL
QUALITY before it THE DEPART-
15 MENT OF ENVIRONMENTAL QUALITY may grant construction approval.
16 (7) The developer shall submit the preliminary approval with
17 the final plans to the
department of public health
18 ENVIRONMENTAL QUALITY
for review
before the department of
19 commerce
may issue a
construction permit.
20 (8) IF THE MUNICIPALITY'S SYSTEM FOR WATER SUPPLY AND SEWAGE
21 SERVICE IS ESTABLISHED AND ACCESSIBLE, THE MANUFACTURED HOME PARK
22 DEVELOPER OR SEASONAL MANUFACTURED HOME PARK DEVELOPER IS
23 REQUIRED TO UTILIZE THAT SYSTEM. IF THE MUNICIPALITY ESTABLISHES
24 A SYSTEM FOR WATER SUPPLY OR SEWAGE SERVICE AFTER THE MANUFAC-
25 TURED HOME PARK OR SEASONAL MANUFACTURED HOME PARK IS CON-
26 STRUCTED, THE MANUFACTURED HOME PARK OR SEASONAL MANUFACTURED
27 HOME PARK IS REQUIRED TO UTILIZE THE MUNICIPALITY'S SYSTEM ONLY
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1 IF THE PARK MAKES A SUBSTANTIAL CHANGE TO ITS SYSTEM. THIS
2 SUBSECTION APPLIES ONLY TO A MANUFACTURED HOME PARK OR A SEASONAL
3 MANUFACTURED HOME PARK CONSTRUCTED AFTER JANUARY 1, 2002.
4 Sec. 12. (1) When all preliminary approvals are made, the
5 developer shall submit the legal documents and the final plans
6 draft to the department.
7 (2) The department shall review the filing and, within
8 90 days after filing, issue its approval or disapproval. Upon
9 the approval of all the reviewing agencies, the department shall
10 issue a permit to construct the
mobile MANUFACTURED home park
11 or seasonal mobile
MANUFACTURED home park.
12 Sec. 13. (1) A person
shall not construct a mobile
13 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
14 park without obtaining a permit issued by the department.
15 (2) Construction may begin
upon the granting of WHEN THE
16 DEPARTMENT GRANTS a permit
to
construct. by the department.
17 Sec. 14. Upon completion
of the construction of the
18 mobile A
MANUFACTURED home park
or seasonal mobile
19 MANUFACTURED home park, the owner or operator of the park and a
20 registered professional engineer or architect shall file with the
21 department an affidavit
certifying that the mobile
MANUFACTURED
22 home park or seasonal
mobile
MANUFACTURED home park, lot, and
23 work were completed in accordance with the approved specifica-
24 tions and plans.
25 Sec. 16. (1) A person
shall not operate a mobile
26 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
27 park without a license.
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1 (2) Upon completion, review, and approval of certifications,
2 the department shall grant a
license to operate a mobile
3 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
4 park.
5 (3) An annual license shall be granted and renewed by the
6 department based upon the certifications and recommendations of
7 the appropriate agencies and local governments.
8 (4) If a person submits a timely application for renewal of
9 a license and pays the appropriate fee, the person may continue
10 to operate a mobile
MANUFACTURED home park or seasonal
mobile
11 MANUFACTURED home park unless notified that the application for
12 renewal is not approved.
13 (5) A campground
which
THAT is currently licensed under
14 sections 12501 to 12516 of the
public health code, Act No. 368
15 of the Public Acts of
1978,
being sections 333.12501 to
333.12516
16 of the Michigan
Compiled Laws
1978 PA 368, MCL 333.12501 TO
17 333.12516, THAT was previously licensed under the licensing pro-
18 visions of Act No. 243
of the
Public Acts of 1959, being sec-
19 tions 125.1035 to
125.1043 of
the Michigan Compiled Laws 1959
20 PA 243, MCL 125.1035 TO 125.1043, as a seasonal trailer park, and
21 which
THAT currently meets the
seasonal trailer park construc-
22 tion standards under
Act No.
243 of the Public Acts of 1959
23 1959 PA 243, MCL 125.1035 TO 125.1043, may apply for and shall be
24 licensed as a seasonal
mobile
MANUFACTURED home park under this
25 act if the campground meets all other requirements for licensure
26 under this act as a seasonal
mobile MANUFACTURED home park.
00205'01 *
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1 Sec. 16a. Mobile
MANUFACTURED homes located in a
seasonal
2 mobile
MANUFACTURED home park
may be occupied on a full-time
3 basis from April 1 to October 31, but shall not be occupied for
4 more than 15 consecutive days in
any A 30-day period from
5 November 1 to March 31.
6 Sec. 17. (1) The
department of public health
7 ENVIRONMENTAL QUALITY or its authorized representative shall con-
8 duct an annual physical
inspection of mobile MANUFACTURED
home
9 parks and seasonal
mobile
MANUFACTURED home parks in
accordance
10 with standards established by
the department of public health
11 ENVIRONMENTAL QUALITY.
If the
mobile MANUFACTURED home park or
12 seasonal mobile
MANUFACTURED
home park is approved, the depart-
13 ment of public health
ENVIRONMENTAL QUALITY shall issue a
cer-
14 tification of compliance to the
department of commerce that the
15 park is licensable.
16 (2) Except for purposes of issuing a license or renewing a
17 license pursuant to
UNDER this
act, a local government may not
18 make an inspection unless it has reason to believe that this act,
19 the code, or rules promulgated
pursuant to UNDER this act were
20 violated.
21 Sec. 18. (1) A variance in the design and construction of a
22 mobile
MANUFACTURED home park
or seasonal mobile MANUFACTURED
23 home park may be granted upon notice of the request to the local
24 government and the department of
public health ENVIRONMENTAL
25 QUALITY at the time of filing
with the department. of commerce.
26 If the local government grants a
variance which THAT would
27 permit activities violative of the minimum standards of the code,
00205'01 *
19
1 the local government shall file with the department a copy of the
2 variance order and an explanation of the reason for the granting
3 of the order. The department may approve or disapprove the vari-
4 ance or revoke the variance upon notice and hearing.
5 (2) After a public hearing, the department may grant a spe-
6 cific variance to a substantive requirement of the code if the
7 literal application of the substantive requirement would result
8 in an exceptional, practical difficulty to the applicant, and if
9 the specific condition justifying the variance is neither so gen-
10 eral nor recurrent in nature as to make an amendment of the code
11 with respect to the condition reasonably practical or desirable.
12 (3) The department may attach in writing a condition in con-
13 nection with the granting of a variance that in its judgment is
14 necessary to protect the health, safety, and welfare of the
15 people of this state. The variance shall not exceed the minimum
16 necessary to alleviate the exceptional, practical difficulty.
17 (4) A
ONLY A LOCAL
GOVERNMENT MAY GRANT A variance to
a
18 local ordinance, zoning
requirement, or local rule. may be
19 granted only by a local
government.
20 (5) A
ONLY THE COMMISSION
MAY GRANT A variance to a rule
21 promulgated under this act.
may
be granted only by the
22 commission.
23 Sec. 21. (1) A
mobile
MANUFACTURED home dealer shall not
24 engage in the retail sale of a
mobile MANUFACTURED home without
25 a license.
26 (2) A mobile
MANUFACTURED
home dealer, mobile
27 MANUFACTURED home installer, or repairer may obtain an initial or
00205'01 *
20
1 renewal license by filing with the commission an application
2 together with consent to service of process in a form prescribed
3 by the commission
pursuant
ACCORDING to section 35.
4 (3) An initial or renewal license under this act shall be
5 issued for not more than 1 year. Licenses shall expire on
6 October 1.
7 (4) The annual license fee
for a mobile MANUFACTURED home
8 dealer is $150.00 or any
other
A lesser amount established
9 pursuant
ACCORDING to section
9(5).
10 (5) The annual license fee
for a mobile MANUFACTURED home
11 installer or repairer is $50.00
or any other A lesser amount
12 established pursuant
ACCORDING
to section 9(5).
13 (6) A licensed
mobile
MANUFACTURED home dealer, mobile
14 MANUFACTURED home installer, or repairer may file an application
15 for the license of a successor, whether or not the successor is
16 then in existence, for the unexpired portion of the year. The
17 commission may grant or deny the application.
18 (7) A licensee who submits a timely application for renewal
19 of a license and pays the appropriate fee may continue sales of
20 mobile
MANUFACTURED homes
unless notified that the
application
21 for renewal is not approved.
22 Sec. 22. The commission may promulgate rules to require a
23 licensed mobile
MANUFACTURED
home dealer to post a surety bond
24 in an amount up to $10,000.00 for each sales location and may
25 determine conditions of the bond. An appropriate deposit of cash
26 or securities shall be accepted
in lieu of a bond which THAT is
27 required.
00205'01 *
21
1 Sec. 23. A licensed
mobile MANUFACTURED home dealer
shall
2 make and keep accounts, and other records as the commission pre-
3 scribes by rule. The records required shall be preserved for
4 3 years unless the commission otherwise prescribes by rule for
5 particular types of records. If the information contained in a
6 record filed with the commission is or becomes inaccurate or
7 incomplete in any
A material
respect, the licensee promptly
8 shall file a correcting amendment.
9 Sec. 24. A mobile
MANUFACTURED home dealer shall not
DO 1
10 OR MORE OF THE FOLLOWING:
11 (a) Advertise or represent
a mobile MANUFACTURED home as
12 other than calendar or model year.
13 (b) Misapply consumer
deposits on a mobile MANUFACTURED
14 home or a mobile
MANUFACTURED
home park.
15 (c) Fail to place deposits, down payments, or similar pay-
16 ments for the purchase or right
to purchase a mobile
17 MANUFACTURED home in a separate escrow account subject to return
18 upon cancellation of the purchase order by the prospective pur-
19 chaser under the rules or orders as the commission promulgates or
20 issues unless the dealer
shall
post POSTS a bond or a deposit
21 of cash or securities for protection of these payments in an
22 amount acceptable to the commission.
23 (d) Fail to disclose to the
department any direct or indi-
24 rect business relationships with financial and loan institutions,
25 banks, and insurance companies.
26 Sec. 25. (1) The commission shall promulgate rules relating
27 to the responsibility of the
mobile MANUFACTURED home dealer,
00205'01 *
22
1 mobile
MANUFACTURED home
installer, and the mobile
2 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
3 park owner for installation and
setup of a mobile MANUFACTURED
4 home.
5 (2) A person licensed under
any 1 OR MORE of the following
6 acts shall not be required to be
licensed as a mobile
7 MANUFACTURED home installer and repairer in order to perform work
8 on mobile
MANUFACTURED homes
for which the person is licensed,
9 unless the work performed also includes the setup, installation,
10 or general repair of
mobile
MANUFACTURED homes:
11 (a) The electrical
administrative act, Act No. 217 of
the
12 Public Acts of 1956,
being
sections 338.881 to 338.892 of the
13 Michigan Compiled
Laws 1956 PA
217, MCL 338.881 TO 338.892.
14 (b) Act No. 266 of
the
Public Acts of 1929, being sections
15 338.901 to 338.917 of
the
Michigan Compiled Laws 1929 PA
266,
16 MCL 338.901 TO 338.917.
17 (c) The Forbes mechanical
contractors act, Act No. 192 of
18 the Public Acts of 1984,
being
sections 338.971 to 338.988 of the
19 Michigan Compiled
Laws 1984 PA
192, MCL 338.971 TO 338.988.
20 (3) The electrical
administrative act, Act No. 217 of
the
21 Public Acts of 1956,
being
sections 338.881 to 338.892 of the
22 Michigan Compiled
Laws 1956 PA
217, MCL 338.881 TO 338.892, Act
23 No. 266 of the Public
Acts of
1929, being sections 338.901 to
24 338.917 of the Michigan
Compiled
Laws 1929 PA 266, MCL 338.901
25 TO 338.917, and the Forbes
mechanical contractors act, Act
26 No. 192 of the Public
Acts of
1984, being sections 338.971 to
27 338.988 of the Michigan
Compiled
Laws 1984 PA 192, MCL 338.971
00205'01 *
23
1 TO 338.988, shall
DO not apply
to the setup or installation of
2 a mobile
MANUFACTURED home and
the following connections or
3 replacement or repair of the following connections, by a licensed
4 mobile
MANUFACTURED home
installer and repairer:
5 (a) Factory-installed electrical wiring, devices, appli-
6 ances, or appurtenances to available electrical meters or
7 pedestals.
8 (b) Factory-installed piping, fixtures, plumbing appliances,
9 and plumbing appurtenances to sanitary drainage or storm drainage
10 facilities, venting systems, or public or private water supply
11 systems.
12 (c) Factory-installed process piping, heating and cooling
13 equipment, and systems or supply lines to available service
14 meters or mains.
15 Sec. 27. (1) A person shall not, in connection with the
16 offer, sale, purchase, or rental
of a mobile MANUFACTURED home,
17 mobile
MANUFACTURED home site,
or RELATED equipment, relating
18 thereto DO
EITHER OF THE
FOLLOWING:
19 (a) Employ a devise, scheme, or artifice to defraud.
20 (b) Make an untrue statement of material fact or omit to
21 state a material fact necessary to make the statement not mis-
22 leading, in the light of the circumstances under which it is
23 made.
24 (2) A person shall not willfully authorize, direct, or aid
25 in publication, advertisement, distribution, or circulation of a
26 statement or representation
concerning a mobile MANUFACTURED
27 home, mobile
MANUFACTURED home
site, or equipment relating
00205'01 *
24
1 thereto, which
THAT
misrepresents the facts concerning
the
2 mobile
MANUFACTURED home,
mobile MANUFACTURED home site, or
3 RELATED equipment.
relating
thereto.
4 (3) A person with knowledge that an advertisement, pamphlet,
5 prospectus, or letter concerning
a mobile MANUFACTURED home,
6 mobile
MANUFACTURED home site,
or RELATED equipment relating
7 thereto
contains a written
statement that is false or fraudu-
8 lent, shall not issue, circulate, publish, or distribute the
9 advertisement, pamphlet, prospectus, or letter concerning a
10 mobile
MANUFACTURED home,
mobile MANUFACTURED home site, or
11 RELATED equipment.
relating
thereto.
12 (4) A person shall not
willfully make any A material
mis-
13 representation in the sale of a
mobile MANUFACTURED home,
14 mobile
MANUFACTURED home site,
or RELATED equipment. relating
15 thereto.
16 Sec. 28. (1) An owner or
operator of a mobile MANUFACTURED
17 home park or seasonal
mobile
MANUFACTURED home park shall not
18 engage, or permit an employee or
agent to engage, in any of the
19 following unfair or deceptive methods, acts, or practices:
20 (a) Directly or indirectly charging or collecting from a
21 person an entrance fee.
22 (b) Requiring a person to directly or indirectly purchase a
23 mobile
MANUFACTURED home from
another person as a condition of
24 entrance to, or lease or rental
of, a mobile MANUFACTURED home
25 park or seasonal mobile
MANUFACTURED home park space.
26 (c) Directly or indirectly charging or collecting from a
27 person a refundable or nonrefundable exit fee.
00205'01 *
25
1 (d) Requiring or coercing a person to purchase, rent, or
2 lease goods or services from another person as a condition of
3 any 1 OR
MORE of the
following:
4 (i) Entering into a park or lease.
5 (ii) Selling a
mobile
MANUFACTURED home through the park
6 owner or operator, or his or her agent or designee upon leaving a
7 mobile
MANUFACTURED home park
or seasonal mobile MANUFACTURED
8 home park.
9 (iii) Renting
space in a
mobile MANUFACTURED home park or
10 seasonal mobile
MANUFACTURED
home park.
11 (e) Directly or indirectly charging or collecting from a
12 person money or other thing of value for electric, fuel, or water
13 service without the use of that service by a resident or tenant
14 being first accurately and consistently measured, unless that
15 service is included in the rental charge as an incident of
16 tenancy.
17 (f) Conspiring, combining, agreeing, aiding, or abetting in
18 the employment of a method, act, or practice that violates this
19 act.
20 (g) Renting or leasing a
mobile MANUFACTURED home or site
21 in a mobile
MANUFACTURED home
park or seasonal mobile
22 MANUFACTURED home park without offering a written lease.
23 (h) Subject to section 28a, prohibiting a resident from
24 selling his or her mobile
MANUFACTURED home on-site for a
price
25 determined by that resident, if the purchaser qualifies for ten-
26 ancy and the mobile
MANUFACTURED home meets the
conditions of
00205'01 *
26
1 written park rules or regulations. This subdivision does not
2 apply to seasonal mobile
MANUFACTURED home parks.
3 (i) Subject to reasonable
mobile MANUFACTURED home park or
4 seasonal mobile
MANUFACTURED
home park rules governing the
5 location, size, and style of exterior television antenna, prohib-
6 iting a person from installing or maintaining an exterior televi-
7 sion antenna on a mobile
MANUFACTURED home within the park
8 unless the mobile
MANUFACTURED
home park or seasonal mobile
9 MANUFACTURED home park provides park residents, without charge, a
10 central television antenna for UHF-VHF reception.
11 (2) A tenant of a
mobile
MANUFACTURED home park or sea-
12 sonal mobile
MANUFACTURED home
park may bring an action on his
13 or her own behalf for a violation of this section.
14 (3) If the commission has reason to suspect that the owner
15 of a mobile
MANUFACTURED home
park or seasonal mobile
16 MANUFACTURED home park is engaged in conduct that violates exist-
17 ing water utility tariffs or
qualifies the owner of a mobile
18 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
19 park for regulation as a water utility, the commission shall
20 promptly send a written report of the alleged violation to the
21 Michigan public service commission.
22 Sec. 28a. (1) Mobile
MANUFACTURED home park rules or
reg-
23 ulations may include provisions governing the physical condition
24 of mobile homes
A MANUFACTURED
HOME and the aesthetic charac-
25 teristics of mobile
homes A
MANUFACTURED HOME in relation to
26 the mobile
MANUFACTURED home
park in which they are located,
27 subject to all of the following:
00205'01 *
27
1 (a) The age or size of a
mobile MANUFACTURED home shall
2 not be used as the sole basis for refusing to allow an on-site,
3 in-park sale or for refusing to
allow the mobile MANUFACTURED
4 home to remain on-site. The burden of going forward in a suit
5 against the mobile
MANUFACTURED home park owner or
operator for
6 violation of this subdivision is on the resident.
7 (b) The standards incorporated in the written park rules or
8 regulations governing the physical condition and aesthetic char-
9 acteristics of mobile
homes A
MANUFACTURED HOME in the mobile
10 MANUFACTURED home park
shall
apply APPLIES equally to all
11 residents.
12 (c) A mobile
MANUFACTURED
home sold on-site shall conform
13 with Act No. 133 of the
Public
Acts of 1974, being sections
14 125.771 to 125.774 of
the
Michigan Compiled Laws 1974 PA
133,
15 MCL 125.771 TO 125.774.
16 (d) Any
A charge
connected to the on-site, in-park
sale of
17 a mobile
MANUFACTURED home,
other than the inspection fee per-
18 mitted under subdivision (e) and the commission or fee charged by
19 a mobile
MANUFACTURED home
dealer licensed under this act who
20 is engaged by the seller to transact the sale, is an entrance or
21 exit fee in violation of section 28.
22 (e) A park owner or operator may charge a reasonable fee to
23 inspect the mobile
MANUFACTURED home before sale. The
charge
24 shall not be more than $30.00, or the amount charged for building
25 permit inspections by the
municipality in which the mobile
26 MANUFACTURED home is located, whichever is higher.
00205'01 *
28
1 (f) The standards governing the physical condition of
2 mobile homes
A MANUFACTURED
HOME and the aesthetic
3 characteristics of mobile
homes
A MANUFACTURED HOME in the
4 mobile
MANUFACTURED home park,
as incorporated in the written
5 park rules, shall not be designed to defeat the intent of this
6 section.
7 (2) Subsection (1)(f)
shall DOES not apply if the
mobile
8 MANUFACTURED home park is changing its method of doing business
9 and provides not less than 1 year's notice, unless a different
10 notice period is otherwise provided by law, of the proposed
11 change to all affected
mobile
MANUFACTURED home park
12 residents. A change in a
mobile MANUFACTURED home park's
13 method of doing business
includes, but is not limited to,
any 1
14 OR MORE of the following:
15 (a) Conversion to a
mobile
MANUFACTURED home park condo-
16 minium pursuant
ACCORDING to
the condominium act, Act No. 59
17 of the Public Acts of
1978,
being sections 559.101 to 559.275
of
18 the Michigan Compiled
Laws 1978
PA 59, MCL 559.101 TO 559.276.
19 (b) Conversion to total
rental of both mobile
MANUFACTURED
20 home site and park-owned
mobile
MANUFACTURED homes.
21 (c) Changes in use of the
land on which the mobile
22 MANUFACTURED home park is located.
23 (3) Notwithstanding
subsection (1) or (2), a mobile
24 MANUFACTURED home park
may
require a mobile MANUFACTURED
home
25 to be moved to a comparable site
within the mobile MANUFACTURED
26 home park, at the expense of the
mobile MANUFACTURED home
27 park.
00205'01 *
29
1 (4) If, after termination of a resident's tenancy for just
2 cause as provided in chapter 57a of the revised judicature act of
3 1961, Act No. 236 of the
Public
Acts of 1961, being sections
4 600.5771 to 600.5785 of
the
Michigan Compiled Laws 1961 PA
236,
5 MCL 600.5771 TO 600.5785, the
resident of a mobile MANUFACTURED
6 home park sells his or her
mobile MANUFACTURED home to the
7 owner or operator of the
mobile
MANUFACTURED home park, or to
8 any AN
entity in which the
owner or operator has any AN
9 interest, the resident
shall
have HAS the right to have the
10 mobile
MANUFACTURED home's
value appraised and, if so
11 appraised, the sale price of the
mobile MANUFACTURED home shall
12 not be less than the appraised value.
13 (5) Except as provided in
subsection (1)(a), a mobile
14 MANUFACTURED home park owner or operator, or both, has the burden
15 of going forward to show compliance with subsection (1).
16 Sec. 28b. A mobile
MANUFACTURED home park rule that
does
17 either of the following shall not be enforced against a resident,
18 unless the rule was proposed and in force before the resident was
19 approved for tenancy in the
mobile MANUFACTURED home park:
20 (a) Prohibits those children who were previously approved
21 under prior park rules from
residing in the mobile
MANUFACTURED
22 home park. A rule prohibiting children, or additional children,
23 shall not be enforced against persons who were residents of the
24 mobile
MANUFACTURED home park
at the time the rule was adopted
25 until after 1 year's notice to those persons.
00205'01 *
30
1 (b) Prohibits a resident
from keeping those pets which
2 THAT were previously approved under prior park rules, except
3 dangerous animals.
4 Sec. 28c. (1) A lease or rental agreement or rules or regu-
5 lations that are adopted
pursuant ACCORDING to a lease or
6 rental agreement may include a provision that requires liquidated
7 damages to be awarded to the prevailing party in a contested
8 action to terminate a tenancy in
a mobile MANUFACTURED home
9 park for just cause under section 5775 of the revised judicature
10 act of 1961, Act No.
236 of the
Public Acts of 1961, being
11 section 600.5775 of the
Michigan
Compiled Laws 1961 PA 236,
12 MCL 600.5775.
13 (2) A provision allowed under subsection (1) may require
14 liquidated damages of not more than $500.00 for an action in the
15 district court and not more than $300.00 for each appellate
16 level. Liquidated damages shall not be construed to be a
17 penalty.
18 Sec. 29. (1) A utility company shall notify the department
19 10 days before shutoff of service for nonpayment, including
20 sewer, water, gas, or electric service, when the service is being
21 supplied to the licensed owner
or operator of a mobile
22 MANUFACTURED home park or
seasonal mobile MANUFACTURED home
23 park for the use and benefit of the park's tenants.
24 (2) A MUNICIPALITY SHALL NOT CHARGE A MANUFACTURED HOME PARK
25 OR A SEASONAL MANUFACTURED HOME PARK MORE TO PROVIDE A WATER
26 SUPPLY SYSTEM OR SEWAGE SERVICE THAN THE AMOUNT THE MUNICIPALITY
27 CHARGES OTHER CUSTOMERS TO PROVIDE THE SAME TYPE OF SERVICE.
00205'01 *
31
1 Sec. 30. (1) After
December 31, 1978, every mobile
2 MANUFACTURED home located
in
this state shall be IS subject to
3 the certificate of title
provisions of this act, except for
any
4 A new mobile
MANUFACTURED home
owned by a manufacturer or
5 licensed mobile
MANUFACTURED
home dealer and held for sale.
6 (2) After December 31, 1978, a certificate of title for a
7 mobile
MANUFACTURED home
issued by the secretary of state
8 before January 1, 1979,
pursuant ACCORDING to Act No. 300
of
9 the Public Acts of 1949,
being
sections 257.1 to 257.923 of the
10 Michigan Compiled
Laws shall be
THE MICHIGAN VEHICLE CODE, 1949
11 PA 300, MCL 257.1 TO 257.923,
IS
considered to be a certificate
12 of title issued by the
department under this act and
shall be
13 IS subject to all of the
provisions of this act respecting
14 REGARDING certificates of title.
15 (3) After December 31,
1978, a mobile MANUFACTURED home
16 shall not be sold or transferred except by transfer of the cer-
17 tificate of title for the
mobile MANUFACTURED home pursuant
18 to UNDER
this act.
19 Sec. 30a. (1) An owner of
a mobile MANUFACTURED home
20 which
THAT is subject to the
certificate of title provisions of
21 this act shall make
application
APPLY to the department for the
22 issuance of a certificate of
title for the mobile MANUFACTURED
23 home upon the appropriate form furnished by the department,
24 accompanied by a fee of $45.00
or any A lesser amount estab-
25 lished pursuant
ACCORDING to
section 9(5). The application
26 shall bear the signature of the owner written in ink, shall be
00205'01 *
32
1 acknowledged by the owner before a person authorized to take
2 acknowledgments, and shall contain ALL OF THE FOLLOWING:
3 (a) The name and address of the owner.
4 (b) A description of the
mobile MANUFACTURED home, includ-
5 ing the name of the manufacturer, the year and model, and the
6 manufacturer's serial number or, in the absence of a serial
7 number, a number assigned by the department. A number assigned
8 by the department shall be
permanently placed on the mobile
9 MANUFACTURED home in the manner and place designated by the
10 department.
11 (c) A statement of the names and addresses of the holders of
12 any
security interests in the
mobile MANUFACTURED home, in
13 the order of their
priority.
14 (d) Further information as may reasonably be required by the
15 department to enable it to determine whether the owner of the
16 mobile
MANUFACTURED home is
entitled to a certificate of title
17 for the mobile
MANUFACTURED
home.
18 (2) If the department is not satisfied as to the ownership
19 of the mobile
MANUFACTURED
home, before issuing a certificate
20 of title for it, the department may require the applicant to file
21 a properly executed surety bond in a form prescribed by the
22 department, executed by the applicant and a company authorized to
23 conduct a surety business in this state. The bond shall be in an
24 amount equal to twice the value
of the mobile MANUFACTURED home
25 as determined by the department and shall be conditioned to
26 indemnify or reimburse the
department, any A prior owner,
any
27 A holder of a security interest
in the mobile MANUFACTURED
00205'01 *
33
1 home, and any
A subsequent
purchaser of the mobile
2 MANUFACTURED home, and their successors in interest, against
3 any
expense, loss, or damage,
including reasonable attorney's
4 fees, by reason of the issuance of a certificate of title to the
5 mobile
MANUFACTURED home or on
account of any A defect in the
6 right, title, or interest of the
applicant in and to the mobile
7 MANUFACTURED home. Each interested person has a right of action
8 to recover on the bond for a breach of its conditions, but the
9 aggregate liability of the
surety to all persons shall DOES
not
10 exceed the amount of the bond. The bond shall be returned at the
11 end of 5 years, or before 5 years if the currently valid certifi-
12 cate of title is surrendered to the department, unless the
13 department has received
notification of the pendency of
THAT an
14 action IS PENDING to recover on the bond.
15 (3) The department shall examine and determine the genuine-
16 ness, regularity, and legality of an application for a certifi-
17 cate of title for a mobile
MANUFACTURED home and of any other
18 application lawfully made to the
department. , and THE
19 DEPARTMENT may in all cases
make investigation INVESTIGATE or
20 require additional information
as may be considered IT
21 CONSIDERS necessary.
, and THE
DEPARTMENT shall reject any AN
22 application if not satisfied of the genuineness, regularity, or
23 legality of it or the truth of
any A statement contained in it,
24 or for any other reason, when authorized by law.
25 (4) The fee for obtaining a duplicate, replacement, or cor-
26 rected title, for placing or terminating a lien on the title, or
00205'01 *
34
1 for placing a name on the title
is $15.00 or any other A lesser
2 amount established
pursuant
ACCORDING to section 9(5).
3 Sec. 30b. (1) The department upon receipt of the required
4 application and fees shall issue a certificate of title except as
5 otherwise provided.
6 (2) The certificate of
title shall contain upon ON its
7 face the date issued, the name and address of the owner, a
8 description of the mobile
MANUFACTURED home as determined by
9 the department, a statement of all security interests in the
10 mobile
MANUFACTURED home as
set forth in the application, the
11 date on which the application was filed, and other information as
12 the department may require.
13 (3) The certificate of
title shall contain upon ON the
14 reverse side forms for assignment of title or interest and war-
15 ranty of title by the owner with space for notation of security
16 interests in the mobile
MANUFACTURED home at the time of a
17 transfer to be signed in ink, and other forms as the department
18 may consider necessary to facilitate the effective administration
19 of this section. The certificate shall bear the seal of the
20 department.
21 (4) The certificate of title shall be mailed or delivered to
22 the owner or other person as the owner may direct in a separate
23 instrument, in the form
as the
department shall prescribe THE
24 DEPARTMENT PRESCRIBES.
25 Sec. 30c. (1) If the owner
of a mobile MANUFACTURED home
26 transfers or assigns the owner's title or interest to the
27 mobile
MANUFACTURED home, the
owner shall indorse ENDORSE on
00205'01 *
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1 the back of the certificate of title an assignment of the
2 mobile
MANUFACTURED home with
warranty of title with a state-
3 ment of all security interests
in the mobile MANUFACTURED home.
4 , and THE
OWNER shall cause
MAIL OR DELIVER the certificate
5 to be mailed or delivered
to
the department or to the purchaser
6 or transferee at the time of the delivery to the purchaser or
7 transferee of the mobile
MANUFACTURED home.
8 (2) Upon the delivery of a
mobile MANUFACTURED home and
9 the transfer, sale, or assignment of the title or interest in a
10 mobile
MANUFACTURED home, the
effective date of the transfer of
11 title or interest shall be
IS
the date of execution of either
12 the application for title or the certificate of title.
13 (3) The purchaser or transferee, unless the purchaser or
14 transferee is a licensed dealer,
shall cause to be presented
15 PRESENT to the department the certificate of title accompanied by
16 the 1 OF
THE FOLLOWING
applicable fee, as follows FEES:
17 (a) Except as provided in subdivision (b) or (c), $45.00.
18 (b) Except as provided in subdivision (c), $15.00, if the
19 sale, assignment, or other transfer will require the addition or
20 deletion from the certificate of
title of any 1 OR MORE of the
21 following:
22 (i) The owner's spouse.
23 (ii) A person related to the owner within the fourth degree
24 of consanguinity as computed by the civil law method.
25 (iii) A person related to the owner's spouse within the
26 fourth degree of consanguinity as computed by the civil law
27 method.
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1 (c) Any other
A lesser
amount established pursuant
2 ACCORDING to section 9(5).
3 (4) Upon presentation of the certificate of title accom-
4 panied by the applicable fee, a new certificate of title shall be
5 issued. A certificate of title issued under subsection (3) and
6 this subsection shall be mailed
or delivered to the owner or any
7 other
ANOTHER person AS the
owner may direct DIRECTS in a
sep-
8 arate instrument in a form as
prescribed by the department
9 PRESCRIBES.
10 (5) If a security interest is reserved or created at the
11 time of the transfer, the parties shall comply with section 30d.
12 (6) If the transferee of a
mobile MANUFACTURED home is a
13 mobile
MANUFACTURED home
dealer who holds the mobile
14 MANUFACTURED home for
resale,
the dealer shall IS not be
15 required to forward the certificate of title to the department,
16 but the dealer shall retain possession of the assigned certifi-
17 cate of title. Upon transfer of the dealer's title or interest
18 to another person, the dealer shall execute and acknowledge an
19 assignment and warranty of title upon the certificate of title
20 and deliver it to the person to whom the transfer is made if the
21 person is a licensed dealer; otherwise, application for a new
22 title shall be made by the transferor as provided in
23 section 30a(1).
24 Sec. 30d. (1) If an owner named in a certificate of title
25 creates a security interest in
the mobile MANUFACTURED home
26 described in the certificate, ALL OF THE FOLLOWING APPLY:
00205'01 *
37
1 (a) The owner shall immediately execute an application in
2 the form prescribed by
the
department PRESCRIBES showing the
3 name and address of the holder of the security interest and
4 deliver the certificate of title, application, and a fee of $1.00
5 together with a copy of the
application which THAT need not
be
6 signed, to the holder of the security interest.
7 (b) The holder of the
security interest shall cause
MAIL
8 OR DELIVER the certificate of title, application, and fee and the
9 copy of the application
to be
mailed or delivered to the
10 department.
11 (c) The department shall indicate on the copy of the appli-
12 cation the date and place of filing of the application and return
13 the copy to the person presenting it.
14 (d) Upon receipt of the certificate of title, application,
15 and the required fee, the department shall issue a new certifi-
16 cate in the form provided by section 30b setting forth the name
17 and address of each holder of a security interest in the mobile
18 home for which a termination statement has not been filed and the
19 date on which
THAT the
application first stating the
security
20 interest was filed, and mail the certificate to the owner.
21 (2) A holder of a security interest may assign, absolutely
22 or otherwise, the security interest to a person other than the
23 owner without affecting the interest of the owner or the validity
24 of the security interest, but a person without notice of the
25 assignment is protected in dealing with the holder of the secur-
26 ity interest as the holder of the security interest. The
27 assignee may have the
certificate of title indorsed
ENDORSED
00205'01 *
38
1 with the assignee named as the holder of the security interest by
2 providing the department with a copy of the assignment instrument
3 but the failure of the assignee
to do so shall DOES not affect
4 the validity of the security interest or the assignment of the
5 security interest.
6 (3) The filing under this section or under section 30a of an
7 application for a certificate of title showing the name and
8 address of the holder of a
security interest in a mobile
9 MANUFACTURED home is equivalent to the filing of a financing
10 statement with respect to the security interest under article 9
11 of the uniform commercial code,
Act No. 174 of the Public Acts
12 of 1962, being sections
440.9101
to 440.9994 of the Michigan
13 Compiled Laws
1962 PA 174, MCL
440.9101 TO 440.9994.
14 (4) When
IF there is not
an outstanding obligation or com-
15 mitment to make advances, incur obligations, or otherwise give
16 value, secured or to be secured by a security interest in a
17 mobile
MANUFACTURED home, the
secured party shall, within
18 10 days after satisfaction of the obligation and, in any event
19 within 30 days, execute a termination statement in the form
20 prescribed by
the department
PRESCRIBES and mail or deliver the
21 termination statement to the owner or other person as the owner
22 may direct. The owner other
than a dealer holding the mobile
23 MANUFACTURED home for
resale,
shall promptly cause MAIL OR
24 DELIVER the certificate, all termination statements, and an
25 application for certificate of title accompanied by a fee of
26 $1.00 to be mailed or
delivered
to the department. , which
27 THE DEPARTMENT shall issue a new certificate.
00205'01 *
39
1 Sec. 30e. (1) If the
interest of the owner in a mobile
2 MANUFACTURED home is terminated by the enforcement of a security
3 agreement, the transferee of the owner's interest shall promptly
4 mail or deliver to the department the last certificate of title,
5 if the transferee has
possession of POSSESSES it; , an
appli-
6 cation for a new certificate in
the form prescribed by the
7 department ,
PRESCRIBES; and
an affidavit made by or on behalf
8 of the holder of the security interest so enforced that the
9 mobile
MANUFACTURED home was
repossessed, that the interest of
10 the owner was lawfully terminated by enforcement of the security
11 agreement, and whether the holder has delivered the last certifi-
12 cate of title to the transferee of the owner's interest, naming
13 the transferee, or if not, the reason delivery was not made and
14 the then
location of the
certificate of title so far as
known
15 to the holder. If the holder of the security interest succeeds
16 to the interest of the owner and
holds the mobile MANUFACTURED
17 home for resale, the holder shall not be required to secure a new
18 certificate of title but, upon transfer to another person, shall
19 promptly mail or deliver to the transferee or to the department
20 the certificate, if in the holder's possession, the affidavit,
21 and other documents required to be sent to the department by the
22 transferee.
23 (2) If the interest of the
owner in a mobile MANUFACTURED
24 home is terminated by sale
pursuant to THROUGH a levy of
execu-
25 tion, attachment, or other process of a court, the transferee of
26 the owner's interest shall promptly mail or deliver to the
27 department the last certificate
of title, if the transferee has
00205'01 *
40
1 possession of
POSSESSES it; ,
an application for a new
2 certificate of title in the form
prescribed by the department
3 PRESCRIBES; and an affidavit,
upon a form prescribed by the
4 department PRESCRIBES, made by the officer of the court who con-
5 ducted the sale, setting forth
the date of the sale, and the
6 name of the purchaser, and whether the officer has delivered the
7 certificate of title to the
purchaser and OR, if not, the
8 reason delivery was not made and
the then location of the cer-
9 tificate of title so far as known to the officer.
10 (3) A person holding a
certificate of title where IF the
11 interest of the owner named in the certificate has been termi-
12 nated in the manner provided by subsection (1) or (2) shall mail
13 or deliver the certificate to the department upon its request.
14 The delivery of the certificate
pursuant IN RESPONSE to the
15 request of the department does not affect the rights of the
16 person surrendering the certificate, and the action of the
17 department in issuing a new certificate of title is not conclu-
18 sive upon any
ON THE rights of
an owner or holder of a security
19 interest named in the old certificate.
20 (4) The department, upon receipt of an application for a new
21 certificate of title by a transferee in the manner provided by
22 subsection (1) or (2), with proof of the transfer, the required
23 fee, and any
other documents
required by law, shall issue a new
24 certificate of title in the name of the transferee as owner, set-
25 ting forth all security interests noted on the last certificate
26 of title as having priority over the security agreement so
27 enforced and shall mail or deliver the new certificate to the
00205'01 *
41
1 owner. If the outstanding certificate of title is not delivered,
2 the department shall make demand for the outstanding certificate
3 of title from the holder.
4 Sec. 30f. The department shall retain and appropriately
5 file every surrendered certificate of title. The file shall be
6 maintained so as to
permit IN
A MANNER THAT PERMITS the tracing
7 of title of the mobile
MANUFACTURED home designated in a
sur-
8 rendered certificate for a period of 10 years.
9 Sec. 30g. (1) The department may cancel or refuse to issue
10 a certificate of title IF 1 OR MORE OF THE FOLLOWING APPLY:
11 (a) If the
THE department
is satisfied that the certifi-
12 cate of title was fraudulently or erroneously issued.
13 (b) If the
THE department
determines that the holder of
14 the certificate has made or is
making an unlawful use of the
15 certificate.
16 (c) If the
THE department
determines that the required fee
17 has not been paid and the fee is not paid upon reasonable notice
18 or demand.
19 (d) If the
THE department
is authorized under any other
20 ANOTHER provision of this act.
21 (e) Upon receipt of
THE
DEPARTMENT RECEIVES notification
22 from another state or foreign country that a certificate of title
23 issued by the department has been surrendered by the owner in
24 conformity with the laws of the other state or foreign country.
25 (f) If it
IT is shown by
satisfactory evidence that deliv-
26 ery of a mobile
MANUFACTURED
home in the possession of a dealer
00205'01 *
42
1 was not made to the applicant to whom the certificate was
2 issued.
3 (2) Before a cancellation under subsection (1)(a), (b), or
4 (d) is made, the person affected shall be given notice and an
5 opportunity to be heard.
6 Sec. 30h. The commission in consultation with the secretary
7 of state shall promulgate rules,
which THAT shall further
8 define and distinguish between
the term mobile MANUFACTURED
9 home as used in this act and the term trailer coach as used in
10 the Michigan vehicle code,
Act
No. 300 of the Public Acts of
11 1949, being sections
257.1 to
257.923 of the Michigan Compiled
12 Laws 1949
PA 300, MCL 257.1 TO
257.923.
13 Sec. 31. A person who offers, sells, or purchases a
14 mobile
MANUFACTURED home or
equipment or a mobile
15 MANUFACTURED home site in violation of this act or the code may
16 have an action brought against him or her to rescind the transac-
17 tion and recover damages.
18 Sec. 38. (1) The department may issue an order to show
19 cause why an order imposing sanctions or penalties allowed under
20 this act should not be issued by the commission if the department
21 finds BOTH that the order is in
the public interest , and any
22 1 OR MORE of the following:
23 (a) An application filed pertaining to a license, a disclo-
24 sure statement, or a related document filed with the department
25 in connection with a
mobile
MANUFACTURED home license , is
26 incomplete in any
A material
respect or contains a statement
00205'01 *
43
1 which
THAT is false or
misleading, in the light of the
2 circumstances under which it is made.
3 (b) A provision of this act, or a rule, order, or condition
4 lawfully imposed under this act, was not complied with or was
5 violated in connection with the offering by the person filing the
6 document; the developer, dealer, or operator; a partner, officer,
7 director, proprietor, or manager of the developer, dealer, or
8 operator; or a person directly or indirectly controlling, or
9 directly controlled by, the developer, dealer, or operator.
10 (c) The project worked or tended to work a fraud or decep-
11 tion or would so operate, or the project would create an unrea-
12 sonable risk to A prospective
tenants TENANT, as defined by
13 rules promulgated by the commission.
14 (d) The developer, dealer, or operator; a partner, officer,
15 director, proprietor, or manager of the developer, dealer, or
16 operator; a person directly or indirectly controlling, or
17 directly controlled by, the developer, dealer, or operator; or a
18 person identified in the
application for a license , or IN
a
19 disclosure statement ,
was
within the past 10 years
20 IMMEDIATELY PRECEDING THE DATE OF THE ORDER convicted of an
21 offense under this act,
or is
the subject of an administrative
22 order issued under this act, or had a civil judgment entered
23 against him or her as a result of a violation of this act or a
24 rule promulgated or order issued
pursuant to UNDER this act,
25 and the department determines that the involvement of the person
26 in the sale or development of the project creates an unreasonable
00205'01 *
44
1 risk to A prospective
tenants
TENANT or mobile A MANUFACTURED
2 home purchasers
PURCHASER.
3 (e) The developer, dealer, or operator; a partner, officer,
4 director, proprietor, or manager of the developer, DEALER, OR
5 OPERATOR; a person directly controlling, or directly controlled
6 by,or indirectly the developer, dealer, or operator; or a person
7 identified in the application
for a license , or IN a disclo-
8 sure statement ,
was convicted
of a violation, or WAS the
9 subject of an administrative order or civil judgment as a result
10 of a violation, of a statute regulating the offering of securi-
11 ties or franchises or licensing or regulating builders, real
12 estate brokers, or real estate salespersons, or WAS CONVICTED of
13 A violation of the land sales
act, Act No. 286 of the Public
14 Acts of 1972, being
sections
565.801 to 565.835 of the Michigan
15 Compiled Laws
1972 PA 286, MCL
565.801 TO 565.835, or a rule
16 promulgated or an order issued under that act.
17 (f) The applicant's method of business, construction, devel-
18 opment, or sales includes or
would include activities which
19 THAT are illegal.
20 (g) The applicant failed to pay the proper fee.
21 (h) The applicant failed to comply with the state warranty
22 laws.
23 (2) When
IF it appears to
the department that a person
24 engaged in an act or practice constituting a violation of this
25 act or a rule promulgated or order issued under this act, the
26 department may issue a notice to show cause why a cease and
27 desist order should not be issued.
00205'01 *
45
1 (3) After 10 days' notice and opportunity for hearing, the
2 department may stop construction as to part or all of a project
3 if continuing the building will cause irreparable harm to resi-
4 dents and prospective residents of the project.
5 Sec. 43. (1) If, after notice and a hearing as provided in
6 the administrative procedures
act of 1969, Act No. 306 of the
7 Public Acts of 1969,
being
sections 24.201 to 24.328 of the
8 Michigan Compiled
Laws 1969 PA
306, MCL 24.201 TO 24.328, a
9 person is determined to have violated this act, the commission
10 may impose 1 or more of the following penalties:
11 (a) Censure.
12 (b) Probation.
13 (c) Placement of a limitation on a license.
14 (d) Suspension of a license. The commission may request the
15 appointment of a receiver when taking action under this
16 subdivision.
17 (e) Revocation of a license. The commission may request the
18 appointment of a receiver when taking action under this
19 subdivision.
20 (f) Denial of a license.
21 (g) A civil fine of not more than $10,000.00.
22 (h) A requirement that restitution be made.
23 (2) A fine collected under this section shall be deposited
24 with the state treasurer and
credited to the mobile home
25 MANUFACTURED HOUSING commission fund.
26 (3) This section does not prohibit actions being taken under
27 other sections of this act.
00205'01 *
46
1 (4) The pursuit in court of the lawful rights of a licensee
2 does not constitute a violation of this act, regardless of the
3 outcome of the court action.
4 Enacting section 1. Section 49 of the mobile home commis-
5 sion act, 1987 PA 96, MCL 125.2349, is repealed.
00205'01 * Final page. LTB