April 28, 2005, Introduced by Reps. Drolet, Gosselin and Lemmons, III and referred to the Committee on Local Government and Urban Policy.
A bill to establish and protect the rights of manufactured
home park tenants; and to prescribe certain duties of certain state
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"manufactured home owners association act".
Sec. 2. As used in this act:
(a) "Manufactured home" means a structure, transportable in 1
or more sections, that is built on a chassis and designed to be
used as a dwelling with or without permanent foundation, when
connected to the required utilities, and includes the plumbing,
heating, air-conditioning, and electrical systems contained in the
structure. Manufactured home includes a manufactured home as
defined in section 603(6) of the national manufactured housing
construction and safety standards act of 1974, title VI of the
housing and community development act of 1974, 42 USC 5402.
(b) "Manufactured home park" means a parcel or tract of land
under the control of a person upon which 3 or more manufactured
homes are located on a continual, nonrecreational basis and that is
offered to the public for that purpose regardless of whether a
charge is made for that purpose, together with a building,
structure, enclosure, street, equipment, or facility used or
intended for use incident to the occupancy of a manufactured home.
(c) "Park owner" means an owner or operator of a manufactured
home park.
(d) "Park resident" means an owner of a manufactured home who
rents a lot in a manufactured home park. Park resident includes a
member of the manufactured home owner's household.
Sec. 3. (1) A park resident may organize a manufactured home
owners association.
(2) In organizing a manufactured home owners association, a
manufactured home owner is allowed to do both of, but is not
limited to, the following:
(a) Distribute fliers regarding the organization of a
manufactured home owners association.
(b) Knock on doors within the manufactured home park in which
he or she is a park resident.
(3) A park owner shall not harass or evict a park resident
because the park resident organized, is organizing, or became a
member of a manufactured home owners association.
Sec. 4. (1) A park owner shall not directly or indirectly
prohibit the use of a "for sale" sign within a manufactured home
park. A park owner may impose either of the following restrictions
on a "for sale" sign being displayed within a manufactured home
park:
(a) Size.
(b) Location.
(2) A park owner shall not directly or indirectly prohibit the
use of a sign for a political party, political candidate, or
political issue endorsement within a manufactured home park. A park
owner may impose 1 or more of the following restrictions on a sign
endorsing a political party, political candidate, or political
issue:
(a) Size.
(b) Location.
(c) Length of time a sign may be displayed.
(3) A park owner who violates a provision of this section is
subject to a civil fine of not more than $10,000.00 for each
violation. A civil fine imposed under this section shall be paid to
the state treasurer for deposit in the general fund. A civil fine
imposed under this subsection is in addition to, but not limited
by, a criminal penalty prescribed by this act.
Sec. 5. (1) A park owner shall not threaten a park resident
with an unlawful eviction in violation of section 5775 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5775. A park
owner shall not initiate an unlawful eviction against a park
resident.
(2) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $10,000.00, or both.
Sec. 6. The attorney general or an affected individual may
bring an action to enforce this act in a court of competent
jurisdiction in the county where the defendant resides or does
business.