1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to housing; providing for changes in rights 1.3 of parties to mobile home park rentals; amending 1.4 Minnesota Statutes 1996, sections 327C.02, subdivision 1.5 5; 327C.07, subdivision 2; and 327C.09, subdivision 4. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1996, section 327C.02, 1.8 subdivision 5, is amended to read: 1.9 Subd. 5. [WRITTEN NOTICE REQUIRED.] A prospective 1.10 resident, before being asked to sign a rental agreement, must be 1.11 given the following notice printed verbatim in boldface type of 1.12 a minimum size of ten points. The notice must be provided with 1.13 the park residency application. The notice and the safety 1.14 feature disclosure form required under section 327C.07, 1.15 subdivision 3a, must be posted in a conspicuous and public 1.16 location in the park: 1.17 "IMPORTANT NOTICE 1.18 State law provides special rules for the owners, residents, 1.19 and prospective residents of manufactured home parks. 1.20 You may keep your home in the park as long as the park is 1.21 in operation and you meet your financial obligations, obey state 1.22 and local laws which apply to the park, obey reasonable park 1.23 rules, do not substantially annoy or endanger the other 1.24 residents or substantially endanger park personnel and do not 1.25 substantially damage the park premises. You may not be evicted 2.1 or have your rent increased or your services cut for complaining 2.2 to the park owner or to a governmental official. 2.3 If you receive an eviction notice and do not leave the 2.4 park, the park owner may take you to court. If you lose in 2.5 court, a sheriff may remove you and your home from the park 2.6 within seven days. Or, the court may require you to leave the 2.7 park within seven days but give you 60 days to sell the home 2.8 within the park. 2.9 If you receive an eviction notice for a new or amended rule 2.10 and the court finds the rule to be reasonable and not a 2.11 substantial modification of your original agreement, the court 2.12 will not order you to leave but will order you to comply with 2.13 the rule within ten days. If you do not comply within the time 2.14 given or if you violate the rule at a later time, you will be 2.15 subject to eviction. 2.16 All park rules and policies must be reasonable. Your rent 2.17 may not be increased more than twice a year. Changes made in 2.18 park rules after you become a park resident will not apply to 2.19 you if they substantially change your original agreement. 2.20 The park may not charge you an entrance fee. 2.21 The park may require a security deposit, but the deposit 2.22 must not amount to more than two months rent. 2.23 You have a right to sell the home in the park. But the 2.24 sale is not final until the park owner approves the buyer as a 2.25 new resident, and you must advise in writing anyone who wants to 2.26 buy your home that the sale is subject to final approval by the 2.27 park owner. 2.28 The park must provide to you, in writing, the procedures 2.29 and criteria used to evaluate a prospective resident. If your 2.30 application is denied, you can request, in writing, the reason 2.31 why. 2.32 You must also disclose in writing certain safety 2.33 information about your home to anyone who wants to buy it in the 2.34 park. You must give this information to the buyer before the 2.35 sale, in writing, on the form that is attached to this notice. 2.36 You must completely and accurately fill out the form and you and 3.1 the buyer should each keep a copy. 3.2 Your rental agreement and the park rules contain important 3.3 information about your rights and duties. Read them carefully 3.4 and keep a copy. 3.5 You must be given a copy of the shelter or evacuation plan 3.6 for the park. This document contains information on where to 3.7 seek shelter in times of severe weather conditions. You should 3.8 carefully review the plan and keep a copy. 3.9 By February 1 of each year, the park must give you a 3.10 certificate of rent constituting property taxes as required by 3.11 Minnesota Statutes, section 290A.19. 3.12 For further information concerning your rights, consult a 3.13 private attorney. The state law governing the rental of lots in 3.14 manufactured home parks may also be enforced by the Minnesota 3.15 Attorney General." 3.16 In addition, the safety feature disclosure form required 3.17 under section 327C.07, subdivision 3a, must be attached to the 3.18 notice. 3.19 Sec. 2. Minnesota Statutes 1996, section 327C.07, 3.20 subdivision 2, is amended to read: 3.21 Subd. 2. [PARK OWNER'S RIGHTS.] Any in park sale is 3.22 subject to the park owner's approval of the buyer as a 3.23 resident. A park owner may not deny a prospective buyer 3.24 approval as a resident unless: 3.25 (a) the park owner has specified in writing the procedures 3.26 and criteria used to evaluate the creditworthiness and 3.27 suitability as a resident of individuals seeking to buy homes 3.28 offered for in park sale; 3.29 (b) the written disclosure required by clause (a) is
made3.30 included with the rental application and is available on request3.31 at no charge to residents, prospective buyers, and their agents; 3.32 (c) the park owner is available to the prospective buyer at 3.33 reasonable times if the park owner requires the prospective 3.34 buyer to apply or be interviewed in person; 3.35 (d) all the specified procedures and criteria are 3.36 reasonable and applied uniformly; 4.1 (e) in evaluating a prospective buyer, the park owner does 4.2 not use any stricter standards than it uses for evaluating other 4.3 prospective residents; 4.4 (f) the park owner does not deny tenancy to a prospective 4.5 buyer for any reason prohibited by federal, state or local law; 4.6 (g) within 14 days of receiving a completed application 4.7 form, the park owner makes a decision or gives the prospective 4.8 buyer and the seller a written explanation of the specific 4.9 reasons for the delay and makes a decision as soon as 4.10 practicable; 4.11 (h) if the park owner denies tenancy to a prospective 4.12 buyer, the park owner gives the prospective buyer a written 4.13 explanation of the denial within three days of receiving a 4.14 written request for an explanation; and 4.15 (i) the decision to deny tenancy is reasonable in light of 4.16 the criteria set forth in section 327C.01, subdivision 8. 4.17 Sec. 3. Minnesota Statutes 1996, section 327C.09, 4.18 subdivision 4, is amended to read: 4.19 Subd. 4. [RULE VIOLATIONS.] The resident fails to comply 4.20 with a rule within 30 days after receiving written notice of the 4.21 alleged noncompliance, except the 30-day notice requirement does 4.22 not apply to nonpayment of rent. To be effective, the notice 4.23 must specify the date, approximate time, and nature of the 4.24 alleged rule violation. Loud noise created by residents, 4.25 guests, or their equipment is a rule violation. After written 4.26 notice has been provided for two prior incidents, loud noise is 4.27 a violation of subdivision 5.