June 22, 2005, Introduced by Senators SCHAUER, BRATER, BARCIA and LELAND and referred to the Committee on Local, Urban and State Affairs.
A bill to establish and protect the rights of manufactured
home park tenants; to prescribe the powers and duties of certain
agencies and departments; and to provide remedies and penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"manufactured home owners' residency 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 that is
licensed or licensable for use as a manufactured home park by this
state 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.
(e) "Utility service" means electric, fuel oil, natural or
propane gas, sewer, waste disposal, or water service.
Sec. 3. (1) A park owner shall allow a park resident the right
to sell the park resident's manufactured home within the
manufactured home park at a price determined by the resident if the
purchaser qualifies for tenancy and the manufactured home is in
compliance with park rules and regulations.
(2) A park owner shall not make or enforce a rule, regulation,
policy, or rental agreement provision that does 1 or more of the
following:
(a) Requires a park resident to remove the manufactured home
from the manufactured home park solely on the basis of a sale or
proposed sale of that resident's manufactured home.
(b) Requires a park resident to remove a manufactured home
from a manufactured home park for the purpose of manufactured home
park renovation or remodeling.
Sec. 4. (1) A park owner shall allow the placement of up to 2
"for sale" signs measuring less than 18 inches by 24 inches in the
windows of a manufactured home or on a manufactured home if the
home has been inspected and approved for sale in the manufactured
home park in accordance with applicable manufactured home park
rules and regulations.
(2) A park owner may prohibit the placement of more than 2
political yard signs per manufactured home site and may prohibit
the placement of political yard signs that exceed measurements of
22 inches by 28 inches. For purposes of this subsection, "political
yard sign" means a campaign sign that demonstrates a position on
current candidates for public elected office or current proposals
for public vote.
(3) A park owner shall not restrict the right of a resident to
hear from public officials and political candidates on the premises
of a manufactured home park.
Sec. 5. If a park owner chooses to develop rules to regulate
the size and weight of trucks within the manufactured housing
community, the rules shall not prohibit commercial pickup trucks
solely on the basis of the fact that it is a commercial pickup
truck.
Sec. 6. A park owner shall not threaten or initiate an
eviction against a park resident in violation of section 5775 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.5775, and
other applicable law.
Sec. 7. A park owner shall not prohibit a resident from
organizing a homeowners association for any purpose. A park owner
shall not deny the use of common areas of a manufactured home park
to a homeowners association, if the homeowners association agrees
to use common areas on the same terms and under the same conditions
that the common areas are made available to other residents.
Permissible terms and conditions include, but are not limited to,
payment of rental fees and damage deposits and agreement to
undertake cleanup responsibilities.
Sec. 8. A park owner that charges park residents for utilities
may offer a discount incentive to a park resident for early payment
of utility bills.
Sec. 9. A park owner shall provide a park resident with 30
days' written notice before implementing an increase in a fee,
charge, or other type of assessment relating to a manufactured home
park residency.
Sec. 10. (1) A park owner who violates a provision of this act
is subject to a civil fine of not more than $500.00 for each
violation. The total amount of civil fines assessed to a park owner
under this subsection shall not exceed $5,000.00 in a calendar
year. A civil fine imposed under this subsection 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 in this act.
(2) 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. A
person whose rights are affected because of a violation of this act
is entitled to recover actual damages or $250.00, whichever is
greater. The court may also consider equitable remedies, including,
but not limited to, injunctive relief.