SF 331

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to manufactured homes; authorizing certain 
  1.3             rental increases; amending Minnesota Statutes, section 
  1.4             327C.02, subdivision 2.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 327C.02, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [MODIFICATION OF RULES.] The park owner must give 
  1.9   the resident at least 60 days' notice in writing of any rule 
  1.10  change.  A rule adopted or amended after the resident initially 
  1.11  enters into a rental agreement may be enforced against that 
  1.12  resident only if the new or amended rule is reasonable and is 
  1.13  not a substantial modification of the original agreement.  Any 
  1.14  security deposit increase is a substantial modification of the 
  1.15  rental agreement.  A reasonable rent increase made in compliance 
  1.16  with section 327C.06, or the implementation and collection of 
  1.17  utility charges as a reasonable rent increase made in compliance 
  1.18  with section 327C.06 and pursuant to section 327C.04, is not a 
  1.19  substantial modification of the rental agreement and is not 
  1.20  considered to be a rule for purposes of section 327C.01, 
  1.21  subdivision 8.  A rule change necessitated by government action 
  1.22  is not a substantial modification of the rental agreement.  A 
  1.23  rule change requiring all residents to maintain their homes, 
  1.24  sheds and other appurtenances in good repair and safe condition 
  1.25  shall not be deemed a substantial modification of a rental 
  2.1   agreement.  If a part of a resident's home, shed or other 
  2.2   appurtenance becomes so dilapidated that repair is impractical 
  2.3   and total replacement is necessary, the park owner may require 
  2.4   the resident to make the replacement in conformity with a 
  2.5   generally applicable rule adopted after the resident initially 
  2.6   entered into a rental agreement with the park owner.  
  2.7      In any action in which a rule change is alleged to be a 
  2.8   substantial modification of the rental agreement, a court may 
  2.9   consider the following factors in limitation of the criteria set 
  2.10  forth in section 327C.01, subdivision 11:  
  2.11     (a) any significant changes in circumstances which have 
  2.12  occurred since the original rule was adopted and which 
  2.13  necessitate the rule change; and 
  2.14     (b) any compensating benefits which the rule change will 
  2.15  produce for the residents.