SF 1040

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; prohibiting 
  1.3             discrimination against older homes; amending Minnesota 
  1.4             Statutes 2002, sections 327C.01, subdivision 8; 
  1.5             327C.10, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 327C.01, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [REASONABLE RULE.] "Reasonable rule" means a park 
  1.10  rule:  
  1.11     (a) which is designed to promote the convenience, safety, 
  1.12  or welfare of the residents, promote the good appearance and 
  1.13  facilitate the efficient operation of the park, protect and 
  1.14  preserve the park premises, or make a fair distribution of 
  1.15  services and facilities; 
  1.16     (b) which is reasonably related to the purpose for which it 
  1.17  is adopted; 
  1.18     (c) which is not retaliatory or unjustifiably 
  1.19  discriminatory in nature; and 
  1.20     (d) which is sufficiently explicit in prohibition, 
  1.21  direction, or limitation of conduct to fairly inform the 
  1.22  resident of what to do or not to do to comply.  
  1.23  A rule that allows the removal of a manufactured home because of 
  1.24  its age is not a reasonable rule.  
  1.25     Sec. 2.  Minnesota Statutes 2002, section 327C.10, 
  2.1   subdivision 3, is amended to read: 
  2.2      Subd. 3.  [RULE VIOLATIONS.] In any action to recover 
  2.3   possession for the violation of a park rule, it shall be a 
  2.4   defense that the rule allegedly violated is unreasonable or that 
  2.5   the rule is being applied in a discriminatory or arbitrary 
  2.6   manner.