Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 206--H.F.No. 294
           An act relating to manufactured homes; granting the 
          right to make in park sales of homes more than 15 
          years old; requiring sellers to disclose manufactured 
          home safety features; amending Minnesota Statutes 
          1982, sections 327C.02, subdivision 5; and 327C.07, 
          subdivision 1, and by adding subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 327C.02, 
subdivision 5, is amended to read: 
     Subd. 5.  [WRITTEN NOTICE REQUIRED.] The following notice 
printed verbatim in boldface type of a minimum size of ten 
points must be given to a prospective resident before he or she 
is asked to sign a rental agreement and.  The notice and the 
safety feature disclosure form required under section 3 must be 
posted in a conspicuous and public location in the park: 

                            "IMPORTANT NOTICE
     State law provides special rules for the owners and 
residents of manufactured home parks. 
     You may keep your home in the park as long as the park is 
in operation and you meet your financial obligations, obey state 
and local laws which apply to the park, obey reasonable park 
rules, do not substantially annoy or endanger the other 
residents or substantially endanger park personnel and do not 
substantially damage the park premises.  You may not be evicted 
or have your rent increased or your services cut for complaining 
to the park owner or to a governmental official. 
     If you receive an eviction notice and do not leave the 
park, the park owner may take you to court.  If you lose in 
court a sheriff may remove you and your home from the park 
within seven days.  Or, the court may require you to leave the 
park within seven days but give you 60 days to sell the home 
within the park. 
     All park rules and policies must be reasonable.  Your rent 
may not be increased more than twice a year.  Changes made in 
park rules after you become a park resident will not apply to 
you if they substantially change your original agreement. 
     The park may require a security deposit, but the deposit 
must not amount to more than two months rent. 
     Unless your home was built before June 15, 1976 and is more 
than 15 years old at the time of the sale, You have a right to 
sell the home in the park.  But the sale is not final until the 
park owner approves the buyer as a new resident, and you must 
advise in writing anyone who wants to buy your home that the 
sale is subject to final approval by the park owner.  You must 
also disclose in writing certain safety information about your 
home to anyone who wants to buy it in the park.  You must give 
this information to the buyer before the sale, in writing, on 
the form that is attached to this notice.  You must completely 
and accurately fill out the form and you and the buyer should 
each keep a copy.  
    Your rental agreement and the park rules contain important 
information about your rights and duties.  Read them carefully 
and keep a copy. 
    For further information concerning your rights, consult a 
private attorney.  The state law governing the rental of lots in 
manufactured home parks may also be enforced by the Minnesota 
Attorney General." 
     In addition, the safety feature disclosure form required 
under section 3 must be attached to the notice.  
    Sec. 2.  Minnesota Statutes 1982, section 327C.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESIDENT'S RIGHTS.] Except as otherwise 
provided in this section, a resident has the right to sell his 
home through an in park sale, unless the home was manufactured 
prior to June 15, 1976 and is more than 15 years old at the time 
of the sale.  The park owner may not charge a fee for allowing 
the resident to exercise this right, except to charge a fee of 
up to $25 for processing a prospective buyer's tenancy 
application.  If the park owner is licensed as a dealer, the 
park owner may agree in writing to broker the in park sale of a 
resident's home.  The park owner may not require a resident to 
use the park owner's services as a broker.  The park owner may 
not give preferential treatment to applications for tenancy from 
people seeking to buy homes whose in park sale is being brokered 
by the park owner. 
    Sec. 3.  Minnesota Statutes 1982, section 327C.07, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [SAFETY FEATURE DISCLOSURE FORM.] A resident or 
a resident's agent shall disclose information about safety 
features of the home to the prospective buyer.  The information 
must be given to the buyer before the sale, in writing, in the 
following form:  
"MANUFACTURED (MOBILE) HOME SAFETY FEATURE DISCLOSURE FORM
    This form is required by law to be filled out and given to 
the prospective buyer of any used manufactured home by all 
private parties, dealers, and brokers.  
 EXITS AND EGRESS WINDOWS 
    This home has at least one egress window in each bedroom, 
or a window in each bedroom that meets the specifications of the 
American National Standard Institute 1972 code covering 
manufactured homes made in Minnesota.  This code requires that 
the window be at least 22 inches in least dimension, and at 
least five square feet in area, and that the window be not more 
than four feet off the floor.  
                              Yes......    No...... 
    This home has ...... (number) of exits.  They are located 
..............  
 SMOKE DETECTORS AND FIRE EXTINGUISHERS 
    This home is equipped with fire extinguishers as required 
by the Minnesota state health department.  
                              Yes......    No...... 
    They are located ...................................... 
.......................................................  
    This home is equipped with at least one listed automatic 
smoke detector outside each sleeping area as required in homes 
built in accordance with the state building code.  
                              Yes......    No...... 
 ALUMINUM WIRING 
    This home has aluminum wiring.  
                              Yes......    No...... 
    Aluminum wiring can present a fire hazard in homes.  The 
special hazards presented by aluminum wiring can be eliminated 
by certain repairs, as recommended by the U.S. Consumer Product 
Safety Commission.  
    A.  The wiring connections to the outlets in this home have 
been crimped, and the connection point is now copper.  
                              Yes......    No...... 
    B.  This home has electrical outlets and switches 
compatible with aluminum wiring.  
                              Yes......    No...... 
    C.  Other action has been taken to eliminate or reduce the 
danger caused by aluminum wiring in this home.  (Describe) 
.......................................................... 
..........................................................  (The 
buyer may check the effectiveness of these methods by contacting 
the U.S. Consumer Product Safety Commission.) 
 FURNACE AND HOT WATER HEATER 
    The furnace compartment in this home is lined with 
fire-resistant gypsum board, as specified in the 1976 U.S. 
Department of Housing and Urban Development codes governing 
manufactured housing construction.  
                              Yes......    No...... 
    The hot water heater cabinet in this home is lined with 
fire-resistant gypsum board, as specified in the 1976 U.S. 
Department of Housing and Urban Development codes governing 
manufactured housing construction.  
                              Yes......    No...... 
 WOOD STOVE AND FIREPLACE 
    This home contains a wood stove.  This stove was installed 
by the manufacturer of the home after June 15, 1976, and was 
inspected for compliance with the U.S. Department of Housing and 
Urban Development safety codes.  
                              Yes......    No...... 
    This home contains a wood stove.  This wood stove unit is 
approved for installation in manufactured homes.  It was 
installed by ......................... in accordance with the 
manufacturer's guidelines.  A building permit for this wood 
stove was issued by the city of ...................., and this 
wood stove installation has been approved by the building 
inspector.  
                              Yes......    No...... 
    This home contains a fireplace.  The fireplace was 
installed by the manufacturer of the home after June 15, 1976, 
and was inspected for compliance with the U.S. Department of 
Housing and Urban Development safety codes.  
                              Yes......    No...... 
    This home contains a fireplace.  This fireplace unit is 
approved for installation in manufactured homes.  It was 
installed by ......................... in accordance with the 
manufacturer's guidelines.  A building permit for this fireplace 
was issued by the city of ...................., and this 
fireplace installation has been approved by the building 
inspector.  
                              Yes......    No...... 
 BLOCKING 
    This home is supported by blocking, as required by state 
code since September 1, 1974.  
                              Yes......    No...... 
 RECOMMENDATIONS TO PROSPECTIVE BUYERS: 
 HEAT TAPE 
    It is also recommended that the buyer check the home's heat 
tape.  Old and worn heat tape, and improper installation of heat 
tape, can cause a fire hazard.  
 FURNACE AND HOT WATER HEATER 
    It is recommended that the buyer have a qualified utility 
representative check the furnace and hot water heater to see 
that they are both in good working order.  If this home was 
converted from oil to natural gas heat, there could be safety 
problems if the conversion was not done correctly.  A utility 
representative or building inspector can inspect the condition 
and installation of this equipment.  They may charge a 
reasonable fee to do so.  It is also recommended that the buyer 
check the floor area around the water heater and furnace 
compartments.  A weakened floor can create a fire hazard.  
 ENERGY AUDIT 
    It is also recommended that the buyer have a 
utility-approved energy audit of the home.  
 COMPLIANCE WITH SAFETY FEATURES 
    If you purchase the home, you will be required to install 
egress windows and smoke detectors and fire extinguishers within 
one year.  You will be required to comply with all of the safety 
features contained in this form within three years.  
    I, .........................., the undersigned, hereby 
declare that the above information is true and correct to the 
best of my knowledge.  
                              ......................... 
                              Signature 
                              ...........................
                              Date" 
    A park owner shall provide a resident or a resident's agent 
with a copy of the safety feature disclosure form upon request.  
    Sec. 4.  Minnesota Statutes 1982, section 327C.07, is 
amended by adding a subdivision to read: 
    Subd. 8.  [COMPLIANCE WITH HOME SAFETY FEATURES.] Within 12 
months following the in park sale of a home for which a home 
safety feature disclosure form has been provided under 
subdivision 3a, the buyer shall install egress windows meeting 
the specifications of the American National Standard Institute 
1972 code covering manufactured homes made in Minnesota and fire 
extinguishers and smoke detectors as required by the Minnesota 
state health department and state building code.  
    In addition to the previous requirements, within three 
years following the sale or upon the resale of the home the 
buyer shall install the following home safety features:  
    (a) Necessary aluminum wiring repairs conforming with the 
recommendations of the consumer product safety commission;  
    (b) Fire-resistant gypsum board lining or similar 
fire-resistant material for furnaces and hot water heaters 
conforming with the 1976 department of housing and urban 
development codes;  
    (c) If the home contains a wood stove or fireplace, 
installation in conformance with 1976 department of housing and 
urban development safety codes; and 
    (d) Blocking supports as required by the state building 
code.  
    Following installation of the safety features required 
under this subdivision, the home must be inspected by a building 
inspector.  The inspector may charge a reasonable fee, not to 
exceed $50, for the inspection.  The homeowner shall give the 
park owner a certificate of inspection certifying that the home 
safety features required under this subdivision have been 
installed.  Failure to comply with the requirements of this 
subdivision is a park rule violation for purposes of section 
327C.09.  
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment. 
    Approved May 20, 1983