1997 Minnesota Statutes

CHAPTER 327C. Manufactured home park lot rentals

     327C.01 Definitions. 

    Subdivision 1.    Terms.  When used in sections 327C.01 
 to 327C.15 and 363.02, subdivision 2a, the terms defined in this 
 section have the meanings given them.  

    Subd. 1a.    Closure statement.  "Closure statement" 
 means a statement prepared by the park owner clearly stating 
 that the park is closing, addressing the availability, location, 
 and potential costs of adequate replacement housing within a 25 
 mile radius of the park that is closing and the probable 
 relocation costs of the manufactured homes located in the park.  

    Subd. 1b.    Displaced resident.  "Displaced resident" 
 means a resident of an owner-occupied manufactured home who 
 rents a lot in a manufactured home park, including the members 
 of the resident's household, as of the date the park owner 
 submits a closure statement to the local planning agency. 

    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.  

    Subd. 2.    In park sale.  "In park sale" means the sale 
 of a manufactured home owned by a park resident and located in a 
 manufactured home park, after which sale the home remains in the 
 park.  

    Subd. 3.    Lot.  "Lot" means an area within a 
 manufactured home park, designed or used for the accommodation 
 of a manufactured home.  

    Subd. 4.    Manufactured home.  "Manufactured home" and 
 "home" have the meaning specified in section 327B.01, 
 subdivision 13.  

    Subd. 5.    Manufactured home park.  "Manufactured home 
 park" and "park" have the meaning specified in section 327.14, 
 subdivision 3, but do not include facilities which are open only 
 during three or fewer seasons of the year.  

    Subd. 6.    Park owner.  "Park owner" means the owner of 
 a manufactured home park and any person acting on behalf of the 
 owner in the operation or management of a park.  

    Subd. 7.    Person.  "Person" means any individual, 
 corporation, firm, partnership, incorporated and unincorporated 
 association, or any other legal or commercial entity.  

    Subd. 7a.    Planning agency.  "Planning agency" means 
 the planning commission or the planning department of a 
 municipality as defined in section 462.352, the planning and 
 zoning commission of a town as defined in section 366.17, or the 
 planning commission of a county, as defined in section 394.30, 
 or if the municipality does not have a planning agency, the 
 governing body of the municipality. 

    Subd. 8.    Reasonable rule.  "Reasonable rule" means a 
 park rule:  

    (a) which is designed to promote the convenience, safety, 
 or welfare of the residents, promote the good appearance and 
 facilitate the efficient operation of the park, protect and 
 preserve the park premises, or make a fair distribution of 
 services and facilities; 

    (b) which is reasonably related to the purpose for which it 
 is adopted; 

    (c) which is not retaliatory or unjustifiably 
 discriminatory in nature; and 

    (d) which is sufficiently explicit in prohibition, 
 direction, or limitation of conduct to fairly inform the 
 resident of what to do or not to do to comply.  

    Subd. 9.    Resident.  "Resident" means an owner of a 
 manufactured home who rents a lot in a manufactured home park 
 and includes the members of the resident's household.  

    Subd. 9a.    Resident association.  "Resident 
 association" means an organization that has the written 
 permission of the owners of at least 51 percent of the 
 manufactured homes in the park to represent them, and which is 
 organized for the purpose of resolving matters relating to 
 living conditions in the manufactured home park. 

    Subd. 10.    Rule.  "Rule" means any rental agreement 
 provision, regulation, rule or policy through which a park owner 
 controls, affects or seeks to control or affect the behavior of 
 residents.  

    Subd. 11.    Substantial modification.  "Substantial 
 modification" means any change in a rule which:  (a) 
 significantly diminishes or eliminates any material obligation 
 of the park owner; (b) significantly diminishes or eliminates 
 any material right, privilege or freedom of action of a 
 resident; or (c) involves a significant new expense for a 
 resident.  

    Subd. 12.    Utility service.  "Utility service" means 
 any electric, fuel oil, natural or propane gas, sewer, waste 
 disposal and water service by whatever means furnished.  

    HIST: 1982 c 526 art 2 s 1; 1986 c 444; 1987 c 179 s 1-3; 1992 
 c 511 art 2 s 32; 1994 c 592 s 3 

     327C.02 Rental agreements. 

    Subdivision 1.    Contents; writing required.  Every 
 agreement to rent a lot must be a written agreement signed by 
 the park owner and the resident.  A copy of the rental agreement 
 shall be given to the applicant for the purpose of reviewing the 
 agreement prior to signing it.  The agreement must specify the 
 terms and conditions in connection with the rental of the lot 
 and must include:  

    (a) the location of the lot and its address or site number; 

    (b) the amount of rent per month and a statement of all 
 personal property, services and facilities which the park owner 
 agrees to provide to the resident; 

    (c) the rights, duties and obligations of the parties, and 
 all rules applicable to the resident; 

    (d) the amount of any security deposit or other financial 
 obligation imposed on the resident by the park owner; and 

    (e) the name of any person holding a security interest in 
 the resident's home.  

    Subd. 2.    Modification of rules.  The park owner must 
 give the resident at least 60 days notice in writing of any rule 
 change.  A rule adopted or amended after the resident initially 
 enters into a rental agreement may be enforced against that 
 resident only if the new or amended rule is reasonable and is 
 not a substantial modification of the original agreement.  Any 
 security deposit increase is a substantial modification of the 
 rental agreement.  A reasonable rent increase made in compliance 
 with section 327C.06 is not a substantial modification of the 
 rental agreement and is not considered to be a rule for purposes 
 of section 327C.01, subdivision 8.  A rule change necessitated 
 by government action is not a substantial modification of the 
 rental agreement.  A rule change requiring all residents to 
 maintain their homes, sheds and other appurtenances in good 
 repair and safe condition shall not be deemed a substantial 
 modification of a rental agreement.  If a part of a resident's 
 home, shed or other appurtenance becomes so dilapidated that 
 repair is impractical and total replacement is necessary, the 
 park owner may require the resident to make the replacement in 
 conformity with a generally applicable rule adopted after the 
 resident initially entered into a rental agreement with the park 
 owner.  

    In any action in which a rule change is alleged to be a 
 substantial modification of the rental agreement, a court may 
 consider the following factors in limitation of the criteria set 
 forth in section 327C.01, subdivision 11:  

    (a) any significant changes in circumstances which have 
 occurred since the original rule was adopted and which 
 necessitate the rule change; and 

    (b) any compensating benefits which the rule change will 
 produce for the residents. 

    Subd. 2a.    Action to recover possession of land.  
 Notwithstanding section 566.09, in an action to recover 
 possession of land for violation of a new or amended rule, if 
 the court finds that the rule is reasonable or is not a 
 substantial modification, the court shall issue an order in 
 favor of the plaintiff for costs.  The court shall order the 
 defendant to comply with the rule within ten days.  If the 
 resident fails to comply with the rule at any time after the 
 time period provided by the court, the park owner may, upon a 
 showing to the court that three days' written notice was given 
 to the resident, move the court for writ of restitution to 
 recover possession of the lot. 

    Subd. 3.    Service of notices.  A park owner may give 
 notice as required by this section or sections 327C.03 and 
 327C.09:  (a) personally, (b) by mailing the notice to the last 
 known mailing address of the resident, or (c) by delivering the 
 notice to the home of the resident.  Notice by certified mail is 
 effective even if the resident refuses to accept delivery.  
 Service by delivery to the resident's home is effective if the 
 notice is left at the home with someone of suitable age and 
 discretion or is placed in a secure and conspicuous location at 
 the home.  

    Subd. 4.    Waiver void.  Any attempt to waive or 
 circumscribe any privilege or right guaranteed by law to a 
 resident or a park owner is void.  

    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. 

    HIST: 1982 c 526 art 2 s 2; 1983 c 206 s 1; 1984 c 406 s 1; 
 1984 c 655 art 1 s 58; 1986 c 444; 1987 c 179 s 4,5; 1989 c 282 
 art 2 s 184; 1994 c 592 s 4; 1997 c 61 s 1 

     327C.03 Fees. 

    Subdivision 1.    Special fees prohibited.  Except as 
 provided in this section and section 327C.04, no fee other than 
 the periodic rental payment shall be charged to a park resident 
 or prospective resident or any agent of a resident or 
 prospective resident for the right to obtain or retain a lot.  

    Subd. 2.    Installation and removal charges.  A park 
 owner may contract with a resident to install the resident's 
 home on a lot or to remove the resident's home from the park.  
 The contract must be in writing and the park owner may charge 
 for the service.  A park owner may not require a resident to use 
 the park owner's service to install or remove a home unless the 
 owner provides the service without charge.  

    Subd. 3.    Rent.  All periodic rental payments charged 
 to residents by the park owner shall be uniform throughout the 
 park, except that a higher rent may be charged to a particular 
 resident due to the larger size or location of the lot, or the 
 special services or facilities furnished by the park.  A park 
 owner may charge a reasonable fee for delinquent rent where the 
 fee is provided for in the rental agreement.  The fee shall be 
 enforceable as part of the rent owed by the resident.  No park 
 owner shall charge to a resident any fee, whether as part of or 
 in addition to the periodic rental payment, which is based on 
 the number of persons residing or staying in the resident's 
 home, the number or age of children residing or staying in the 
 home, the number of guests staying in the home, the size of the 
 home, the fact that the home is temporarily vacant or the type 
 of personal property used or located in the home.  The park 
 owner may charge an additional fee for pets owned by the 
 resident, but the fee may not exceed $4 per pet per month.  This 
 subdivision does not prohibit a park owner from abating all or a 
 portion of the rent of a particular resident with special needs. 

    Subd. 4.    Security deposit.  A park owner may require 
 a resident to deposit with the park owner a fee, not to exceed 
 the amount of two months' rent, to secure the resident's 
 performance of the rental agreement and to protect the park 
 owner against damage by the resident to park property, including 
 any damage done by the resident in the installation or removal 
 of the resident's home.  The provisions of section 504.20 shall 
 apply to any security deposit required by a park owner under 
 this subdivision.  

    Subd. 5.    Maintenance charges.  If park rules or state 
 or local law provide for lot maintenance or impose conditions on 
 the use of common areas and a resident fails to do the required 
 maintenance or meet the conditions, the park owner may do the 
 maintenance or satisfy the conditions and charge the resident 
 the reasonable cost, plus a fee of up to $10, if:  

    (a) before doing the work the park owner gives the resident 
 a written notice specifying the work that has to be done, 
 stating which rule or law requires the work to be done, advising 
 the tenant that if the work is not done promptly the park will 
 do the work and bill the resident, and stating a reasonable 
 deadline by which the resident must do the work; 

    (b) after receiving the notice, the resident fails to do 
 the work by the stated deadline; and 

    (c) after the work is done by the park owner, the park 
 owner serves the resident with a written notice of the charge.  

    If a resident's failure to do required maintenance or meet 
 a condition imposed on the use of common areas causes an 
 immediate danger to park facilities or to the health or safety 
 of other residents, the park owner may give the resident a 
 written notice requiring immediate compliance.  If immediate 
 compliance is essential and delivery of a notice is impractical 
 or useless, the park owner may do the work without giving notice 
 and may charge the tenant the reasonable cost.  A notice given 
 pursuant to this subdivision neither precludes nor suffices as 
 the notice required by section 327C.09, subdivisions 3 to 7.  

    Charges made pursuant to this subdivision shall be 
 enforceable as part of the rent owed by the resident.  The 
 notice required by clause (c) shall specify the work performed, 
 the date of its performance, the total cost of performing the 
 work, the method used in computing the cost and a deadline for 
 payment by the resident.  The deadline shall not be less than 30 
 days after the service of the notice.  

    HIST: 1982 c 526 art 2 s 3; 1986 c 444 

     327C.04 Utility charges. 

    Subdivision 1.    Billing permitted.  A park owner who 
 provides utility service to residents may charge the residents 
 for that service, only if the charges comply with this section.  

    Subd. 2.    Metering required.  A park owner who charges 
 residents for a utility service must charge each household the 
 same amount, unless the park owner has installed measuring 
 devices which accurately meter each household's use of the 
 utility.  

    Subd. 3.    Permissible rates.  Except as provided in 
 subdivision 4, no park owner shall, directly or indirectly, 
 charge or otherwise receive payment from a resident for a 
 utility service, or require a resident to purchase a utility 
 service from the park owner or any other person, at a rate which 
 is greater than either of the following:  

    (a) a rate which the resident could pay directly for the 
 same utility service from some other comparable source in the 
 same market area; or 

    (b) a rate which is charged to single family dwellings with 
 comparable service within the same market area.  

    Subd. 4.    Electricity.  If a park owner provides 
 electricity to residents by reselling electricity purchased from 
 a public or municipal utility or electrical cooperative, and 
 compliance with subdivision 3 would cause the park owner to lose 
 money on the sale of electricity, the park owner may bill 
 residents at a rate calculated to allow the park owner to avoid 
 losing money on the sale of electricity.  In calculating the 
 cost of providing electricity, the park owner may consider only 
 the actual amount billed by the public utility or electrical 
 cooperative to the park owner for electricity furnished to 
 residents.  The park owner may not consider administrative, 
 capital or other expenses.  

    HIST: 1982 c 526 art 2 s 4 

     327C.05 Rules. 

    Subdivision 1.    Unreasonable rules prohibited.  No 
 park owner shall adopt or enforce unreasonable rules.  No park 
 owner may engage in a course of conduct which is unreasonable in 
 light of the criteria set forth in section 327C.01, subdivision 
 8.  

    Subd. 2.    Presumptively unreasonable rules.  In any 
 action in which the reasonableness of a rule is challenged, any 
 rule which violates any provision of Laws 1982, chapter 526, 
 article 2 or of any other law shall be deemed unreasonable, and 
 the following rules shall be presumed unreasonable unless the 
 park owner proves their reasonableness by clear and convincing 
 evidence:  

    (a) any rule which prohibits the placing of a "for sale" 
 sign on a resident's home by the resident; 

    (b) any rule which requires a resident or prospective 
 resident to purchase any particular goods or services from a 
 particular vendor or vendors, including the park owner; 

    (c) any rule which requires a resident to use the services 
 of a particular dealer or broker in an in park sale; and 

    (d) any rule requiring that more than one occupant of a 
 home have an ownership interest in that home.  

    Subd. 3.    Other unreasonable rules.  In addition to 
 the rules listed in subdivision 2, a court may declare 
 unreasonable any park rule if the court finds that the rule 
 fails to meet the standard of section 327C.01, subdivision 8.  
 The absence of a rule from the list contained in subdivision 2 
 is not evidence or proof of the rule's reasonableness.  

    Subd. 4.    Density restrictions.  Subject to section 
 327C.02, subdivision 2, a park owner may adopt and enforce a 
 reasonable rule that places limits on the maximum number of 
 persons permitted to reside in a manufactured home if the 
 limitation is reasonably related to the size of the home and the 
 number of rooms it contains.  

    HIST: 1982 c 526 art 2 s 5; 1986 c 444 

     327C.06 Rent increases. 

    Subdivision 1.    Notice of rent increases required.  No 
 increase in the amount of the periodic rental payment due from a 
 resident shall be valid unless the park owner gives the resident 
 60 days' written notice of the increase.  

    Subd. 2.    Prohibition.  No rent increase shall be 
 valid if its purpose is to pay, in whole or in part, any civil 
 or criminal penalty imposed on the park owner by a court or a 
 government agency.  

    Subd. 3.    Rent increases limited.  A park owner may 
 impose only two rent increases on a resident in any 12-month 
 period.  

    HIST: 1982 c 526 art 2 s 6 

     327C.07 In park sales. 

    Subdivision 1.    Resident's rights.  Except as 
 otherwise provided in this section, a resident has the right to 
 sell a home through an in park 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. 

    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 
 included with the rental application and is available 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.  

    Subd. 3.    Application information.  When the 
 prospective buyer of an in park sale seeks approval as a 
 resident, the park owner may require the prospective buyer to 
 submit information reasonably necessary to determine whether the 
 prospective buyer satisfies the park's criteria as stated by the 
 park in its rules.  The required information may include the 
 purchase price of the home and the amount of monthly payments on 
 the home, together with any documents reasonably necessary to 
 verify the information.  The park owner may inquire into the 
 creditworthiness of the prospective buyer but may not require 
 the submission of any information concerning the business 
 relationship between the seller and a dealer acting for the 
 seller.  

    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:  

    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.  

    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 Standard A119.1 
 covering manufactured homes made in Minnesota.  This standard 
 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.  Egress windows 
 installed in compliance with the United States Department of 
 Housing and Urban Development Manufactured Home Standards or the 
 State Building Code are deemed to meet the requirements of this 
 section.  

                               Yes .....    No ..... 

    This home has ...... (number) of exits.  They are located 
 ................................... .  

    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 ..... 

    This home has aluminum electrical wiring.  

                               Yes .....    No ..... 

    Aluminum electrical wiring can present a fire hazard in 
 homes.  The special hazards presented by aluminum electrical 
 wiring can be eliminated by certain repairs, as recommended by 
 the United States 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 electrical wiring. 

                               Yes .....    No ..... 

    C.  Other action has been taken to eliminate or reduce the 
 danger caused by aluminum electrical wiring in this home.  
 (Describe) 
 .......................................................... 
 .......................................................... (The 
 buyer may check the effectiveness of these methods by contacting 
 the United States Consumer Product Safety Commission.) 

    The furnace compartment in this home is lined with gypsum 
 board, as specified in the 1976 United States Department of 
 Housing and Urban Development codes governing manufactured 
 housing construction.  

                               Yes .....    No ..... 

    The water heater enclosure in this home is lined with 
 gypsum board, as specified in the 1976 United States Department 
 of Housing and Urban Development codes governing manufactured 
 housing construction.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning stove.  This stove 
 was installed by the manufacturer of the home after June 15, 
 1976, and was inspected for compliance with the United States 
 Department of Housing and Urban Development Manufactured Home 
 Standards.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning stove.  This 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 stove was 
 issued by the city of ...................., and this stove 
 installation has been approved by the building official.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning fireplace.  The 
 fireplace was installed by the manufacturer of the home after 
 June 15, 1976, and was inspected for compliance with the United 
 States Department of Housing and Urban Development Manufactured 
 Home Standards.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning 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 official.  

                               Yes .....    No ..... 

    This home is supported by a support system, as required by 
 state code since September 1, 1974.  

                               Yes .....    No ..... 

    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.  

    It is recommended that the buyer have a qualified utility 
 representative check the furnace and 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 official 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.  

    It is also recommended that the buyer have a utility 
 approved energy audit of the home.  

    If you purchase the home, you will be required to install 
 egress windows within one year and smoke detectors and fire 
 extinguishers within 30 days.  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.  

    Subd. 4.    Inspections of the home.  Before approving 
 an in park sale, the park owner may inspect the resident's lot 
 and the exterior of the resident's manufactured home to see 
 whether they comply with reasonable and preexisting rules 
 applicable to the resident and relating to maintenance.  The 
 park owner may not charge any fee for this inspection.  As a 
 condition to approving an in park sale, the park owner may 
 require that the resident or the prospective buyer take whatever 
 action is necessary to bring the lot or the home exterior into 
 compliance with preexisting maintenance rules applicable to the 
 resident, and may require that any lot rent and other charges 
 due to the park be paid.  The park owner may require the 
 prospective buyer to agree to rules different from those 
 applicable to the resident, but the park owner may not require 
 the prospective buyer or the resident to comply with any rule 
 adopted or amended after the resident entered into the rental 
 agreement which would:  

    (a) significantly increase the difficulty or time involved 
 in selling the resident's home; 

    (b) significantly decrease the price at which the 
 resident's home can be sold; or 

    (c) involve any other significant cost for either the 
 resident or the buyer, except for costs involved in doing any 
 work necessary to bring the home or lot into compliance with 
 preexisting maintenance rules applicable to the resident.  

    Provided that if a part of the resident's home, shed, or 
 other appurtenance has become so dilapidated that repair is 
 impractical and total replacement is necessary, the park owner 
 may require the resident or prospective buyer to make the 
 replacement in conformity with a generally applicable rule 
 adopted after the resident initially entered into a rental 
 agreement with the park owner.  

    Subd. 5.    Temporary vacancy of home.  If a home is 
 being offered for in park sale, the home may remain vacant for 
 90 days, or longer if not prohibited by park rules.  The park 
 owner may not impose any additional fees or requirements on the 
 owner of a vacant home being offered for in park sale, but the 
 rent must be paid on time and the home and the lot must be 
 maintained as required by the rules.  

    Subd. 6.    Sales contingent.  Any contract for an in 
 park sale which is not expressly made contingent on the park 
 owner's approval of the buyer as a resident is voidable at the 
 instance of the buyer if the park owner's approval is denied.  
 Any person who sells, or signs a contract purporting to sell, a 
 home located in a park while representing, either directly or 
 indirectly, that the buyer can maintain the home in the park, 
 and who does not inform the buyer in writing that the sale is 
 contingent on the park owner's approval of the buyer as a 
 resident has violated section 325F.69, subdivision 1. 

    Subd. 7.    Repossessing finance parties.  Any holder of 
 a security interest who repossesses a manufactured home located 
 in a park has the same rights as a resident to sell the home 
 through an in park sale if:  

    (a) as soon as the secured party either accepts voluntary 
 repossession or takes any action pursuant to sections 327.61 to 
 327.67, the secured party notifies the park owner that the home 
 has been or is being repossessed; 

    (b) at the time the park owner receives the notice, the 
 park owner has not already recovered possession of the lot 
 through an unlawful detainer proceeding; 

    (c) the secured party pays any past due lot rent not to 
 exceed three months rent; 

    (d) the secured party makes monthly lot rent payments until 
 a buyer of the repossessed home has been approved by the park 
 owner as a resident.  A secured party's liability for past due 
 rent under this subdivision does not include late fees or other 
 charges; and 

    (e) the secured party complies with all park rules relating 
 to lot and home maintenance.  

    A secured party who is offering a home for in park sale 
 under this subdivision is subject to eviction on the same 
 grounds as a resident.  

    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 Standard A119.1 covering manufactured homes made in 
 Minnesota.  Within 30 days 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 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 electrical wiring repairs conforming 
 with the recommendations of the consumer product safety 
 commission; 

    (b) Gypsum board lining or similar fire-resistant material 
 for furnaces and water heater enclosures conforming with the 
 department of housing and urban development Manufactured Home 
 Standards; 

    (c) If the home contains a solid fuel burning stove or 
 fireplace, installation in conformance with department of 
 housing and urban development Manufactured Home Standards; and 

    (d) Support systems as required by the state building code. 

    Following installation of the safety features required 
 under this subdivision, the home must be inspected by a state 
 certified building official.  The official 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.  This subdivision does not 
 impose any duty or obligation upon a broker, dealer, lender, or 
 park owner to monitor completion of any repairs required, nor 
 does it impose liability on any broker, dealer, lender, or park 
 owner for any injury or claim of whatever nature, which may 
 arise as a result of the failure of the buyer of the home to 
 comply with the home safety features required herein.  Failure 
 to comply with the requirements of this subdivision is a park 
 rule violation for purposes of section 327C.09.  

    HIST: 1982 c 526 art 2 s 7; 1983 c 206 s 2-4; 1984 c 406 s 
 2,3; 1986 c 444; 1Sp1986 c 3 art 1 s 36; 1987 c 384 art 1 s 32; 
 1997 c 61 s 2 

     327C.08 Removal after repossession. 

    A secured party who repossesses a manufactured home located 
 in a park and then removes the home from the lot owes the park 
 owner rent for the period beginning when the secured party 
 accepts voluntary repossession or takes an action pursuant to 
 sections 327.61 to 327.67 and ending on the last day of the 
 calendar month in which the home is removed.  The secured party 
 does not owe the park owner any lot rent or other charges which 
 accrued prior to the time the secured party accepted voluntary 
 repossession or took action pursuant to sections 327.61 to 
 327.67, if:  

    (a) Within seven days after accepting voluntary 
 repossession or taking action pursuant to sections 327.61 to 
 327.67, the secured party notifies the park owner in writing 
 that the home is being repossessed; 

    (b) During a proceeding for repossession pursuant to 
 sections 327.61 to 327.67 or chapter 565, the secured party pays 
 each month's lot rent as the rent becomes due; and 

    (c) Within seven days of accepting voluntary repossession 
 or obtaining a court order for repossession, the secured party 
 removes the home from the park.  

    If the secured party fails to meet any of these conditions, 
 the secured party shall also be liable to the park owner for all 
 overdue rent, not to exceed three months and not including late 
 fees or other charges, owed to the park owner on account of the 
 home.  

    This section does not affect any liability or obligation 
 which a secured party may have to a park owner who pursuant to a 
 writ of restitution has removed a home from a lot and stored the 
 home.  

    HIST: 1982 c 526 art 2 s 8 

     327C.09 Termination. 

    Subdivision 1.    Cause required.  A park owner may 
 recover possession of land upon which a manufactured home is 
 situated only for a reason specified in this section or section 
 327C.095. 

    Subd. 2.    Nonpayment of rent or utilities.  The park 
 owner gives ten days written notice to the resident and to any 
 party holding a security interest in the resident's home known 
 to the park owner that a periodic rental or utilities payment 
 owed to the park owner is overdue, and neither the resident nor 
 the secured party cures the default within ten days of receiving 
 the notice.  

    Subd. 3.    Violations of law.  The resident fails to 
 comply with a local ordinance, state law or state rule relating 
 to manufactured homes within the time the ordinance, state law 
 or state rule provides or, if no time is provided, within a 
 reasonable time after the resident has received written notice 
 of noncompliance.  

    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. 

    Subd. 5.    Endangerment; substantial annoyance.  The 
 resident acts in the park in a manner which endangers other 
 residents or park personnel, causes substantial damage to the 
 park premises or substantially annoys other residents, and has 
 received 30 days written notice to vacate, except the park owner 
 may require the resident to vacate immediately if the resident 
 violates this subdivision a second or subsequent time after 
 receipt of the notice.  To be effective, the notice must specify 
 the time, date, and nature of the alleged annoyance, damage, or 
 endangerment.  A park owner seeking to evict pursuant to this 
 subdivision need not produce evidence of a criminal conviction, 
 even if the alleged misconduct constitutes a criminal offense.  

    Subd. 6.    Repeated serious violations.  The resident 
 has repeatedly committed serious violations of the rental 
 agreement or provisions of a local ordinance or state law or 
 state rule relating to manufactured homes, and the park owner 
 has given the resident written notice of the violations and has 
 given the resident a written warning that any future serious 
 violation will be treated as cause for eviction as provided in 
 this subdivision, and within six months of receiving the warning 
 the resident commits a serious violation of any park rule or any 
 provision of a local ordinance or state law or state rule 
 relating to manufactured homes.  

    Subd. 7.    Material misstatement in application.  The 
 resident's application for tenancy contained a material 
 misstatement which induced the park owner to approve the 
 applicant as a resident, and the park owner discovers and acts 
 upon the misstatement within one year of the time the resident 
 began paying rent.  

    Subd. 8.    Improvements.  The park owner has specific 
 plans to make improvements to the park premises which will 
 substantially benefit the health and safety of the residents or 
 have been ordered by a government agency, and which necessitate 
 removal of the resident's manufactured home from the park.  The 
 park owner must give the resident 90 days written notice and 
 include in that notice a statement identifying how the 
 improvements will substantially benefit the health and safety of 
 the residents.  If another lot is available in the park, the 
 park owner must allow the resident to relocate the home to that 
 lot unless the home, because of its size or local ordinance, is 
 not compatible with that lot. 

    Subd. 9. Repealed, 1987 c 179 s 12 

    HIST: 1982 c 526 art 2 s 9; 1987 c 179 s 6-8; 1996 c 311 s 1; 
 1997 c 61 s 3 

     327C.095 Park closings. 

    Subdivision 1.    Conversion of use; minimum notice.  At 
 least nine months before the conversion of all or a portion of a 
 manufactured home park to another use, or before closure of a 
 manufactured home park or cessation of use of the land as a 
 manufactured home park, the park owner must prepare a closure 
 statement and provide a copy to the local planning agency and a 
 copy to a resident of each manufactured home where the 
 residential use is being converted.  A resident may not be 
 required to vacate until 60 days after the conclusion of the 
 public hearing required under subdivision 4.  If a lot is 
 available in another section of the park that will continue to 
 be operated as a park, the park owner must allow the resident to 
 relocate the home to that lot unless the home, because of its 
 size or local ordinance, is not compatible with that lot. 

    Subd. 2.    Notice of hearing; proposed change in land 
 use.  If the planned conversion or cessation of operation 
 requires a variance or zoning change, the municipality must mail 
 a notice at least ten days before the hearing to a resident of 
 each manufactured home in the park stating the time, place, and 
 purpose of the public hearing.  The park owner shall provide the 
 municipality with a list of the names and addresses of at least 
 one resident of each manufactured home in the park at the time 
 application is made for a variance or zoning change. 

    Subd. 3.    Closure statement.  Upon receipt of the 
 closure statement from the park owner, the local planning agency 
 shall submit the closure statement to the governing body of the 
 municipality and request the governing body to schedule a public 
 hearing.  The municipality must mail a notice at least ten days 
 before the hearing to a resident of each manufactured home in 
 the park stating the time, place, and purpose of the public 
 hearing.  The park owner shall provide the municipality with a 
 list of the names and addresses of at least one resident of each 
 manufactured home in the park at the time the closure statement 
 is submitted to the local planning agency. 

    Subd. 4.    Public hearing; relocation costs.  The 
 governing body of the municipality shall hold a public hearing 
 to review the closure statement and any impact that the park 
 closing may have on the displaced residents and the park owner.  
 Before any change in use or cessation of operation and as a 
 condition of the change, the governing body may require a 
 payment by the park owner to be made to the displaced resident 
 for the reasonable relocation costs.  If a resident cannot 
 relocate the home to another manufactured home park within a 25 
 mile radius of the park that is being closed, the resident is 
 entitled to relocation costs based upon an average of relocation 
 costs awarded to other residents.  

    The governing body of the municipality may also require 
 that other parties, including the municipality, involved in the 
 park closing provide additional compensation to residents to 
 mitigate the adverse financial impact of the park closing upon 
 the residents. 

    Subd. 5.    Park conversions.  If the planned cessation 
 of operation is for the purpose of converting the part of the 
 park occupied by the resident to a condominium pursuant to 
 chapter 515A, the provisions of section 515A.4-110, except 
 paragraph (a), shall apply.  The nine-month notice required by 
 this section shall state that the cessation is for the purpose 
 of conversion and shall set forth the rights conferred by this 
 subdivision and section 515A.4-110, paragraph (b).  Not less 
 than 120 days before the end of the nine months, the park owner 
 shall serve upon the resident a form of purchase agreement 
 setting forth the terms of sale contemplated by section 
 515A.4-110, paragraph (b).  Service of that form shall operate 
 as the notice described by section 515A.4-110, paragraph (a). 

    Subd. 6.    Intent to convert use of park at time of 
 purchase.  Before the execution of an agreement to purchase a 
 manufactured home park, the purchaser must notify the park 
 owner, in writing, if the purchaser intends to close the 
 manufactured home park or convert it to another use within one 
 year of the execution of the agreement.  The park owner shall 
 provide a resident of each manufactured home with a 45-day 
 written notice of the purchaser's intent to close the park or 
 convert it to another use.  The notice must state that the park 
 owner will provide information on the cash price and the terms 
 and conditions of the purchaser's offer to residents requesting 
 the information.  The notice must be sent by first class mail to 
 a resident of each manufactured home in the park.  The notice 
 period begins on the postmark date affixed to the notice and 
 ends 45 days after it begins.  During the notice period required 
 in this subdivision, the owners of at least 51 percent of the 
 manufactured homes in the park or a nonprofit organization which 
 has the written permission of the owners of at least 51 percent 
 of the manufactured homes in the park to represent them in the 
 acquisition of the park shall have the right to meet the cash 
 price and execute an agreement to purchase the park for the 
 purposes of keeping the park as a manufactured housing 
 community.  The park owner must accept the offer if it meets the 
 cash price and the same terms and conditions set forth in the 
 purchaser's offer except that the seller is not obligated to 
 provide owner financing.  For purposes of this section, cash 
 price means the cash price offer or equivalent cash offer as 
 defined in section 500.245, subdivision 1, paragraph (d). 

    Subd. 7.    Intent to convert use of park after purchase. 
  If the purchaser of a manufactured home park decides to 
 convert the park to another use within one year after the 
 purchase of the park, the purchaser must offer the park for 
 purchase by the residents of the park.  For purposes of this 
 subdivision, the date of purchase is the date of the transfer of 
 the title to the purchaser.  The purchaser must provide a 
 resident of each manufactured home with a written notice of the 
 intent to close the park and all of the owners of at least 51 
 percent of the manufactured homes in the park or a nonprofit 
 organization which has the written permission of the owners of 
 at least 51 percent of the manufactured homes in the park to 
 represent them in the acquisition of the park shall have 45 days 
 to execute an agreement for the purchase of the park at a cash 
 price equal to the original purchase price paid by the purchaser 
 plus any documented expenses relating to the acquisition and 
 improvement of the park property, together with any increase in 
 value due to appreciation of the park.  The purchaser must 
 execute the purchase agreement at the price specified in this 
 subdivision and pay the cash price within 90 days of the date of 
 the purchase agreement.  The notice must be sent by first class 
 mail to a resident of each manufactured home in the park.  The 
 notice period begins on the postmark date affixed to the notice 
 and ends 45 days after it begins. 

    Subd. 8.    Required filing of notice.  Subdivisions 6 
 and 7 apply to manufactured home parks upon which notice has 
 been filed with the county recorder or registrar of titles in 
 the county where the manufactured home park is located.  Any 
 person may file the notice required under this subdivision with 
 the county recorder or registrar of titles.  The notice must be 
 in the following form: 

                  "MANUFACTURED HOME PARK NOTICE

        THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK

             .......................................

                            PARK OWNER

             .......................................

             .......................................

             .......................................

                    LEGAL DESCRIPTION OF PARK

             .......................................

             COOPERATIVE ASSOCIATION (IF APPLICABLE)"

    Subd. 9.    Effect of noncompliance.  If a manufactured 
 home park is finally sold or converted to another use in 
 violation of subdivision 6 or 7, the residents do not have any 
 continuing right to purchase the park as a result of that sale 
 or conversion.  A violation of subdivision 6 or 7 is subject to 
 section 8.31, except that relief shall be limited so that 
 questions of marketability of title shall not be affected. 

    Subd. 10.    Exclusion.  Subdivisions 6 and 7 do not 
 apply to: 

    (1) a conveyance of an interest in a manufactured home park 
 incidental to the financing of the manufactured home park; 

    (2) a conveyance by a mortgagee subsequent to foreclosure 
 of a mortgage or a deed given in lieu of a foreclosure; or 

    (3) a purchase of a manufactured home park by a 
 governmental entity under its power of eminent domain. 

    Subd. 11.    Affidavit of compliance.  After a park is 
 sold, a park owner or other person with personal knowledge may 
 file an affidavit with the county recorder or registrar of 
 titles in the county in which the park is located certifying 
 compliance with subdivision 6 or 7 or that subdivisions 6 and 7 
 are not applicable.  The affidavit may be used as proof of the 
 facts stated in the affidavit.  A person acquiring an interest 
 in a park or a title insurance company or attorney who prepares, 
 furnishes, or examines evidence of title may rely on the truth 
 and accuracy of statements made in the affidavit and is not 
 required to inquire further as to the park owner's compliance 
 with subdivisions 6 and 7.  When an affidavit is filed, the 
 right to purchase provided under subdivisions 6 and 7 terminate, 
 and if registered property, the registrar of titles shall delete 
 the memorials of the notice and affidavit from future 
 certificates of title. 

    HIST: 1987 c 179 s 10; 1991 c 26 s 1-7; 1997 c 126 s 6 

     327C.096 Notice of sale. 

    When a park owner offers to sell a manufactured home park 
 to the public through advertising in a newspaper or by listing 
 the park with a realtor licensed by the department of commerce, 
 the owner must provide concurrent written notice to a resident 
 of each manufactured home in the park that the park is being 
 offered for sale.  Written notice provided once within a 
 one-year period satisfies the requirement under this section. 
 The notice provided by the park owner to a resident of each 
 manufactured home does not grant any property rights in the park 
 and is for informational purposes only.  This section does not 
 apply in the case of a taking by eminent domain, a transfer by a 
 corporation to an affiliate, a transfer by a partnership to one 
 or more of its partners, or a sale or transfer to a person who 
 would be an heir of the owner if the owner were to die 
 intestate.  If at any time a manufactured home park owner 
 receives an unsolicited bona fide offer to purchase the park 
 that the owner intends to consider or make a counter offer to, 
 the owner is under no obligation to notify the residents as 
 required under this section. 

    HIST: 1991 c 26 s 8 

     327C.10 Defenses to eviction. 

    Subdivision 1.    Nonpayment of rent.  In any action to 
 recover possession for failure to pay rent, it shall be a 
 defense that the sum allegedly due contains a charge which 
 violates section 327C.03, or that the park owner has injured the 
 defendant by failing to comply with section 504.18.  

    Subd. 2.    Nonpayment of rent increase.  In any action 
 to recover possession for failure to pay a rent increase, it 
 shall be a defense that the park owner:  

    (a) failed to comply with the provisions of section 
 327C.06, subdivision 1 or 3; 

    (b) increased the rent in violation of section 327C.06, 
 subdivision 2.  

    Subd. 3.    Rule violations.  In any action to recover 
 possession for the violation of a park rule, it shall be a 
 defense that the rule allegedly violated is unreasonable.  

    Subd. 4.    Retaliatory conduct.  In any action to 
 recover possession it shall be a defense that the park owner has 
 violated section 327C.12.  

    HIST: 1982 c 526 art 2 s 10 

     327C.11 Eviction proceedings. 

    Subdivision 1.    Right of redemption.  The right of 
 redemption, as expressed in section 504.02 and the common law, 
 is available to a resident from whom a park owner seeks to 
 recover possession for nonpayment of rent, but no resident may 
 exercise that right more than twice in any 12-month period; 
 provided, that a resident may exercise the right of redemption 
 more than twice in any 12-month period by paying the park 
 owner's actual reasonable attorney's fees as part of each 
 additional exercise of that right during the 12-month period.  

    Subd. 2.    Waiver by accepting rent.  A park owner who 
 gives a resident a notice as provided in section 327C.09, 
 subdivision 3, 4, 6, or 8, or 327C.095, does not waive the 
 notice by afterwards accepting rent.  Acceptance of rent for a 
 period after the expiration of a final notice to quit waives 
 that notice unless the parties agree in writing after service of 
 the notice that the notice continues in effect.  

    Subd. 3.    Writ of restitution stayed.  The issuance of 
 a writ of restitution, other than a conditional writ, shall be 
 stayed for a reasonable period not to exceed seven days to allow 
 the resident to arrange to remove the resident's home from the 
 lot.  

    Subd. 4.    Conditional writ.  Where the interests of 
 justice require the court may issue a conditional writ of 
 restitution, which orders the resident and all those in the 
 resident's household to stop residing in the park within a 
 reasonable period not to exceed seven days, but which allows the 
 resident's home to remain on the lot for 60 days for the purpose 
 of an in park sale, as provided in section 327C.07.  The writ 
 shall also direct the park owner to notify any party holding a 
 security interest in the resident's home and known to the park 
 owner, of the provisions of the writ.  If the court issues a 
 conditional writ, the resident may keep the home on the lot for 
 60 days for an in park sale if:  

    (a) neither the resident nor members of the resident's 
 household reside in the park; 

    (b) the resident complies with all rules relating to home 
 and lot maintenance; and 

    (c) the resident pays on time all rent and utility charges 
 owed to the park owner.  If the resident fails to meet any of 
 these conditions, the park owner may, on three days written 
 notice to the resident, move the court for an order making the 
 writ of restitution unconditional.  Sixty-one days after the 
 issuance of a conditional writ, the writ shall become absolute 
 without further court action.  

    HIST: 1982 c 526 art 2 s 11; 1986 c 444; 1987 c 179 s 9 

     327C.12 Retaliatory conduct prohibited. 

    A park owner may not increase rent, decrease services, 
 alter an existing rental agreement or seek to recover possession 
 or threaten such action in whole or in part as a penalty for a 
 resident's:  

    (a) good faith complaint to the park owner or to a 
 government agency or official; 

    (b) good faith attempt to exercise rights or remedies 
 pursuant to state or federal law; or 

    (c) joining and participating in the activities of a 
 resident association as defined under section 327C.01, 
 subdivision 9a. 

    In any proceeding in which retaliatory conduct is alleged, 
 the burden of proving otherwise shall be on the park owner if 
 the owner's challenged action began within 90 days after the 
 resident engaged in any of the activities identified in clause 
 (a), (b), or (c).  If the challenged action began more than 90 
 days after the resident engaged in the protected activity, the 
 party claiming retaliation must make a prima facie case.  The 
 park owner must then prove otherwise. 

    HIST: 1982 c 526 art 2 s 12; 1986 c 444; 1992 c 511 art 2 s 33; 1995 
 c 13 s 1 

     327C.13 Freedom of expression. 

    No park owner shall prohibit or adopt any rule prohibiting 
 residents or other persons from peacefully organizing, 
 assembling, canvassing, leafletting or otherwise exercising 
 within the park their right of free expression for noncommercial 
 purposes.  A park owner may adopt and enforce rules that set 
 reasonable limits as to time, place and manner.  

    HIST: 1982 c 526 art 2 s 13 

     327C.14 Right of access. 

    Subdivision 1.    To the home.  A park owner has no 
 right of access to a manufactured home located within the park 
 unless access is necessary to prevent damage to the park 
 premises or to respond to an emergency.  

    Subd. 2.    To the lot.  A park owner may come onto a 
 manufactured home lot in order to inspect the lot, make 
 necessary or agreed upon repairs or improvements, supply 
 necessary or agreed upon goods or services or exhibit the lot to 
 prospective or actual purchasers, mortgagees, residents, workers 
 or contractors.  The park owner may come onto the resident's lot 
 whenever necessary to respond to or prevent an emergency, but 
 otherwise may not come onto the lot at unreasonable times or in 
 a way that unreasonably disrupts the resident's use and 
 enjoyment of the lot.  

    HIST: 1982 c 526 art 2 s 14 

     327C.15 Remedies; penalties; enforcement. 

    Any violation of sections 327C.01 to 327C.14 is a violation 
 of a law referred to in section 8.31, subdivision 1.  

    HIST: 1982 c 526 art 2 s 15