Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 61-H.F.No. 889 
                  An act relating to housing; providing for changes in 
                  rights of parties to mobile home park rentals; 
                  amending Minnesota Statutes 1996, sections 327C.02, 
                  subdivision 5; 327C.07, subdivision 2; and 327C.09, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, 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 must be provided with 
        the park residency application.  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, residents, 
        and prospective 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. 
           The park must provide to you, in writing, the procedures 
        and criteria used to evaluate a prospective resident.  If your 
        application is denied, you can request, in writing, the reason 
        why. 
           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. 
           Sec. 2.  Minnesota Statutes 1996, section 327C.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PARK OWNER'S RIGHTS.] Any in park sale is 
        subject to the park owner's approval of the buyer as a 
        resident.  A park owner may not deny a prospective buyer 
        approval as a resident unless:  
           (a) the park owner has specified in writing the procedures 
        and criteria used to evaluate the creditworthiness and 
        suitability as a resident of individuals seeking to buy homes 
        offered for in park sale; 
           (b) the written disclosure required by clause (a) is made 
        included with the rental application and is available on request 
        at no charge to residents, prospective buyers, and their agents; 
           (c) the park owner is available to the prospective buyer at 
        reasonable times if the park owner requires the prospective 
        buyer to apply or be interviewed in person; 
           (d) all the specified procedures and criteria are 
        reasonable and applied uniformly; 
           (e) in evaluating a prospective buyer, the park owner does 
        not use any stricter standards than it uses for evaluating other 
        prospective residents; 
           (f) the park owner does not deny tenancy to a prospective 
        buyer for any reason prohibited by federal, state or local law; 
           (g) within 14 days of receiving a completed application 
        form, the park owner makes a decision or gives the prospective 
        buyer and the seller a written explanation of the specific 
        reasons for the delay and makes a decision as soon as 
        practicable; 
           (h) if the park owner denies tenancy to a prospective 
        buyer, the park owner gives the prospective buyer a written 
        explanation of the denial within three days of receiving a 
        written request for an explanation; and 
           (i) the decision to deny tenancy is reasonable in light of 
        the criteria set forth in section 327C.01, subdivision 8.  
           Sec. 3.  Minnesota Statutes 1996, section 327C.09, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RULE VIOLATIONS.] The resident fails to comply 
        with a rule within 30 days after receiving written notice of the 
        alleged noncompliance, except the 30-day notice requirement does 
        not apply to nonpayment of rent.  To be effective, the notice 
        must specify the date, approximate time, and nature of the 
        alleged rule violation.  Loud noise created by residents, 
        guests, or their equipment is a rule violation.  After written 
        notice has been provided for two prior incidents, loud noise is 
        a violation of subdivision 5. 
           Presented to the governor April 24, 1997 
           Signed by the governor April 28, 1997, 10:43 a.m.