Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 592-H.F.No. 1829
An act relating to housing; requiring copies of
evacuation plans for residents of manufactured home
parks; amending Minnesota Statutes 1992, sections
290A.19; 327C.01, by adding a subdivision; and
327C.02, subdivision 5; Minnesota Statutes 1993
Supplement, section 327.20, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 290A.19, is
amended to read:
290A.19 [OWNER OR MANAGING AGENT TO FURNISH RENT
CERTIFICATE.]
(a) The owner or managing agent of any property for which
rent is paid for occupancy as a homestead must furnish a
certificate of rent constituting property tax to a person who is
a renter on December 31, in the form prescribed by the
commissioner. If the renter moves before December 31, the owner
or managing agent may give the certificate to the renter at the
time of moving, or mail the certificate to the forwarding
address if an address has been provided by the renter. The
certificate must be made available to the renter before February
1 of the year following the year in which the rent was paid.
The owner or managing agent must retain a duplicate of each
certificate or an equivalent record showing the same information
for a period of three years. The duplicate or other record must
be made available to the commissioner upon request. For the
purposes of this section, "owner" includes a park owner as
defined under section 327C.01, subdivision 6, and "property"
includes a lot as defined under section 327C.01, subdivision 3.
(b) The certificate of rent constituting property taxes
must include the address of the property, including the county,
and the property tax parcel identification number and any
additional information that the commissioner determines is
appropriate.
(c) If the owner or managing agent fails to provide the
renter with a certificate of rent constituting property taxes,
the commissioner shall allocate the net tax on the building to
the unit on a square footage basis or other appropriate basis as
the commissioner determines. The renter shall supply the
commissioner with a statement from the county treasurer that
gives the amount of property tax on the parcel, the address and
property tax parcel identification number of the property, and
the number of units in the building.
(d) By January 31 of the year following the year in which
the rent was collected, each owner or managing agent shall
report to the commissioner on a form prescribed by the
commissioner the net tax pertaining to the rental residential
part of the property, the total scheduled rent, and the fraction
computed under section 290A.03, subdivision 11. A copy of the
property tax statement for taxes payable in that year must be
attached.
Sec. 2. Minnesota Statutes 1993 Supplement, section
327.20, subdivision 1, is amended to read:
Subdivision 1. [RULES.] No domestic animals or house pets
of occupants of manufactured home parks or recreational camping
areas shall be allowed to run at large, or commit any nuisances
within the limits of a manufactured home park or recreational
camping area. Each manufactured home park or recreational
camping area licensed under the provisions of sections 327.10,
327.11, 327.14 to 327.28 shall, among other things, provide for
the following, in the manner hereinafter specified:
(1) A responsible attendant or caretaker shall be in charge
of every manufactured home park or recreational camping area at
all times, who shall maintain the park or area, and its
facilities and equipment in a clean, orderly and sanitary
condition. In any manufactured home park containing more than
50 lots, the attendant, caretaker, or other responsible park
employee, shall be readily available at all times in case of
emergency.
(2) All manufactured home parks shall be well drained and
be located so that the drainage of the park area will not
endanger any water supply. No waste water from manufactured
homes or recreational camping vehicles shall be deposited on the
surface of the ground. All sewage and other water carried
wastes shall be discharged into a municipal sewage system
whenever available. When a municipal sewage system is not
available, a sewage disposal system acceptable to the state
commissioner of health shall be provided.
(3) No manufactured home shall be located closer than three
feet to the side lot lines of a manufactured home park, if the
abutting property is improved property, or closer than ten feet
to a public street or alley. Each individual site shall abut or
face on a driveway or clear unoccupied space of not less than 16
feet in width, which space shall have unobstructed access to a
public highway or alley. There shall be an open space of at
least ten feet between the sides of adjacent manufactured homes
including their attachments and at least three feet between
manufactured homes when parked end to end. The space between
manufactured homes may be used for the parking of motor vehicles
and other property, if the vehicle or other property is parked
at least ten feet from the nearest adjacent manufactured home
position. The requirements of this paragraph shall not apply to
recreational camping areas and variances may be granted by the
state commissioner of health in manufactured home parks when the
variance is applied for in writing and in the opinion of the
commissioner the variance will not endanger the health, safety,
and welfare of manufactured home park occupants.
(4) An adequate supply of water of safe, sanitary quality
shall be furnished at each manufactured home park or
recreational camping area. The source of the water supply shall
first be approved by the state department of health.
(5) All plumbing shall be installed in accordance with the
rules of the state commissioner of health and the provisions of
the Minnesota plumbing code.
(6) In the case of a manufactured home park with less than
ten manufactured homes, a plan for the sheltering or the safe
evacuation to a safe place of shelter of the residents of the
park in times of severe weather conditions, such as tornadoes,
high winds, and floods. The shelter or evacuation plan shall be
developed with the assistance and approval of the municipality
where the park is located and shall be posted at conspicuous
locations throughout the park. The park owner shall provide
each resident with a copy of the approved shelter or evacuation
plan, as provided by section 327C.01, subdivision 1c. Nothing
in this paragraph requires the department of health to review or
approve any shelter or evacuation plan developed by a park.
Failure of a municipality to approve a plan submitted by a park
shall not be grounds for action against the park by the
department of health if the park has made a good faith effort to
develop the plan and obtain municipal approval.
(7) A manufactured home park with ten or more manufactured
homes, licensed prior to March 1, 1988, shall provide a safe
place of shelter for park residents or a plan for the evacuation
of park residents to a safe place of shelter within a reasonable
distance of the park for use by park residents in times of
severe weather, including tornadoes and high winds. The shelter
or evacuation plan must be approved by the municipality by March
1, 1989. The municipality may require the park owner to
construct a shelter if it determines that a safe place of
shelter is not available within a reasonable distance from the
park. A copy of the municipal approval and the plan shall be
submitted by the park owner to the department of health. The
park owner shall provide each resident with a copy of the
approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c.
(8) A manufactured home park with ten or more manufactured
homes, receiving a primary license after March 1, 1988, must
provide the type of shelter required by section 327.205.
(9) For the purposes of this subdivision, "park owner" and
"resident" have the meaning given them in section 327C.01.
Sec. 3. Minnesota Statutes 1992, section 327C.01, is
amended by adding a subdivision to read:
Subd. 1c. [RESIDENT COPY; SHELTER PLAN
ATTACHED.] Beginning with rental agreements signed on August 1,
1994 or after, the park owner shall give a copy of the signed
rental agreement to each resident with a copy of the evacuation
or shelter plan attached. In addition, for existing leases, by
August 15, 1994, the park owner shall provide each resident with
a copy of the park evacuation or shelter plan.
Sec. 4. Minnesota Statutes 1992, section 327C.02,
subdivision 5, is amended to read:
Subd. 5. [WRITTEN NOTICE REQUIRED.] A prospective
resident, before being asked to sign a rental agreement, must be
given the following notice printed verbatim in boldface type of
a minimum size of ten points. The notice and the safety feature
disclosure form required under section 327C.07, subdivision 3a,
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.
If you receive an eviction notice for a new or amended rule
and the court finds the rule to be reasonable and not a
substantial modification of your original agreement, the court
will not order you to leave but will order you to comply with
the rule within ten days. If you do not comply within the time
given or if you violate the rule at a later time, you will be
subject to eviction.
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 not charge you an entrance fee.
The park may require a security deposit, but the deposit
must not amount to more than two months rent.
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.
You must be given a copy of the shelter or evacuation plan
for the park. This document contains information on where to
seek shelter in times of severe weather conditions. You should
carefully review the plan and keep a copy.
By February 1 of each year, the park must give you a
certificate of rent constituting property taxes as required by
Minnesota Statutes, section 290A.19.
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 327C.07, subdivision 3a, must be attached to the
notice.
Presented to the governor May 5, 1994
Signed by the governor May 6, 1994, 11:59 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes