HF 2900

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 09:55am

A bill for an act
relating to manufactured housing; modifying requirement relating to home
relocation trust fund balance; amending Minnesota Statutes 2011 Supplement,
section 327C.095, subdivision 12.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2011 Supplement, section 327C.095, subdivision 12,
is amended to read:

Subd. 12.

Payment to the Minnesota manufactured home relocation trust fund.

(a) If a manufactured home owner is required to move due to the conversion of all or a
portion of a manufactured home park to another use, the closure of a park, or cessation of
use of the land as a manufactured home park, the manufactured park owner shall, upon
the change in use, pay to the commissioner of management and budget for deposit in the
Minnesota manufactured home relocation trust fund under section 462A.35, the lesser
amount of the actual costs of moving or purchasing the manufactured home approved
by the neutral third party and paid by the Minnesota Housing Finance Agency under
subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
home, and $6,000 for each multisection manufactured home, for which a manufactured
home owner has made application for payment of relocation costs under subdivision 13,
paragraph (c). The manufactured home park owner shall make payments required under
this section to the Minnesota manufactured home relocation trust fund within 60 days of
receipt of invoice from the neutral third party.

(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:

(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at
the park owner's expense;

(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;

(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property taxes;

(4) the manufactured home owner has a pending eviction action for nonpayment of
lot rental amount under section 327C.09, which was filed against the manufactured home
owner prior to the mailing date of the closure statement under subdivision 1, and the writ
of recovery has been ordered by the district court;

(5) the conversion of all or a portion of a manufactured home park to another use,
the closure of a park, or cessation of use of the land as a manufactured home park is the
result of a taking or exercise of the power of eminent domain by a governmental entity
or public utility; or

(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home
is a resident, but came to reside in the manufactured home park after the mailing date of
the closure statement under subdivision 1.

(c) If the unencumbered fund balance in the manufactured home relocation trust
fund is less than deleted text begin $1,000,000 deleted text end new text begin $5,000,000 new text end as of June 30 of each year, the commissioner of
management and budget shall assess each manufactured home park owner by mail the
total amount of $12 for each licensed lot in their park, payable on or before September 15
of that year. The commissioner of management and budget shall deposit any payments in
the Minnesota manufactured home relocation trust fund. On or before July 15 of each
year, the commissioner of management and budget shall prepare and distribute to park
owners a letter explaining whether funds are being collected for that year, information
about the collection, an invoice for all licensed lots, and a sample form for the park owners
to collect information on which park residents have been accounted for. If assessed under
this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
sum or as a monthly fee of no more than $1 collected from park residents together with
monthly lot rent as provided in section 327C.03, subdivision 6. Park owners may adjust
payment for lots in their park that are vacant or otherwise not eligible for contribution to
the trust fund under section 327C.095, subdivision 12, paragraph (b), and deduct from the
assessment accordingly.

(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
attorney fees, court costs, and disbursements.