MANUFACTURED HOUSING BILLS INTRODUCED IN APRIL 2017

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1 2017 CO SCR CO Kefalas Introduced 04/12/17 Affordable 2 Housing 2017 CO HB 1354 Senate Concurrent Resolution : submits an amendment to the Colorado constitution concerning the imposition of a real estate transfer tax of one-tenth of one percent of the value of real property transferred in the state that will be used to finance affordable housing, including the construction, maintenance, rehabilitation, or repair of affordable housing statewide for rental purposes or home ownership or manufactured housing, or the provision of financial assistance, including without limitation grants or loans, to natural persons, nonprofit entities, and political subdivisions across the state to enable persons in costburdened households to finance the purchase, refinance, rehabilitation, or repair of affordable housing or manufactured housing. CO Becker KC Introduced 04/21/17 Tax Amends CO to provide that this section does not apply to the collection of delinquent taxes on mobile homes or manufactured homes. Amends CO to apply to the collection of delinquent taxes on mobile homes for which a certificate of title has been issued and that does not have a certificate of permanent location. The treasurer may enforce collection of delinquent taxes on mobile homes by commencing a court action for collection or employing a collection agency or by distraining, seizing, and selling the mobile home. When a mobile home upon which a distrain warrant has been issued or which is subject to such warrant by reason of delinquency has been removed to another county in the state, the treasurer of the county levying the tax shall issue a certificate to the treasurer of the county to which the mobile home has been removed, reciting the amount of taxes and delinquent interest unpaid and a description of the mobile home to be distrained. The treasurer 1

2 receiving such certificate shall proceed to distrain, seize, and sell such mobile home in the same manner as if it were originally taxed in his or her county and remit the net proceeds, after payment of any sheriff's fees and other costs of seizure and sale, to the treasurer who certified the delinquency. Whenever a mobile home is distrained and seized, the treasurer, the treasurer's deputy, or an authorized agent of the treasurer shall deliver to the owner of the mobile home or to his or her agent, and to any lienholder of record, a statement of the amount demanded and notice of the time and place fixed for the sale of the mobile home. The treasurer, in his or her discretion, may sell tax liens on mobile homes or may strike off to the county the tax liens by declaring them county-held. Redemptions of mobile homes shall be in accordance with article 12 of this title 39; except that, at the discretion of the treasurer, liens on mobile homes may be withheld from sales to investors. A mobile home that is located on leased land or other land not owned by the owner of the mobile home, and that is sold under the provisions of this section may be redeemed by the owner thereof within one year after the date of the sale upon payment to the treasurer of the proceeds of the sale, interest, and all taxes due and payable on the mobile home subsequent to the tax sale, except as provided in subsection (7) of this section. A mobile home that is located on land owned by the owner of a mobile home and that is sold under the provisions of this section may be redeemed by the owner thereof within three years after the date of the sale upon payment to the treasurer of the proceeds of the sale, interest, and all taxes due and payable on the mobile home subsequent to the tax sale, except as provided in 2

3 subsection (7) of this section. The treasurer shall return the proceeds of the sale, interest, and all taxes due and payable on the mobile home subsequent to the tax sale to the purchaser or lawful holder of the certificate of sale. On or before thirty days prior to the close of the redemption period, the treasurer shall notify the owner of the mobile home and any lienholder of record that a treasurer's certificate of ownership for the mobile home may be issued to the purchaser or lawful holder of the certificate of sale at the close of the redemption period unless such payment is made. Upon redemption, the treasurer shall notify the department of revenue that redemption has been made and thereafter release the tax sale lien filed against the mobile home. If the owner has not exercised his or her right of redemption, the purchaser or lawful holder of the certificate of sale may apply to the treasurer for a treasurer's certificate of ownership for the mobile home. Upon receipt of such application, the treasurer shall issue a treasurer's certificate of ownership to such purchaser or holder, and such certificate of ownership shall transfer to him or her all right, title, and interest in and to the mobile home. Such certificate of ownership shall, upon application, entitle the purchaser or holder thereof to a certificate of title to be issued and filed. Any surplus of the sale proceeds over and above the taxes, delinquent interest, and costs of making the seizure and advertising the sale of a mobile home shall be credited to the county general fund, and a written account of the sale shall be furnished to the owner. Where a mobile home has been declared to be purchased by the county at the tax sale and where the actual value of the mobile home as shown on the assessment roll has been determined by the assessor to be less than one 3

4 2017 DE HCR DE HB 131 thousand dollars, the redemption period for such mobile home shall be sixty days. On or before ten days prior to the close of the redemption period, the treasurer shall notify the owner of the mobile home and any lienholder of record in the department of revenue and secretary of state, by personal delivery or by certified or registered mail to the last-known address, that the mobile home shall be declared condemned and shall be disposed of at the end of the redemption period. After the titled mobile home is declared condemned, it may be disposed of as the treasurer deems appropriate. DE Briggs King Substituted 04/05/17 Other Establishes a task force to perform a comprehensive review of the Manufactured Home Owners and Community Owners Act ("MHOCOA") under Chapter 70 of Title 25 of the Delaware Code, including recent and subsequent Court and arbitration decisions concerning the rent justification process. DE Carson Introduced 04/06/17 Park Amends 25 DE ST 7043 relating to manufactured housing. Provides that until final resolution of the rent increase dispute, the home owner will be subject to pay the rent increase to the community owner as set forth in this section; deletes the phrase as notified; however, if the rent increase is not approved through the process provided in this section, the community owners shall rebate the increase. Adds: (1) Within 7 days of receipt of each payment of the disputed rent increase, the community owner shall deposit such payment into an escrow bank account in a federally-insured banking institution with an office that accepts deposits within the state; disputed rent increase shall mean only the portion of the rent increase that is in dispute. It does not include increases permitted by section 7042(a) or any other increases agreed upon by the community 4

5 owner and the home owner. (2) The community owner shall designate such account with the banking institution as a disputed rent increase account. the community owner shall maintain a separate escrow account for each community owned by the community owner. The community owner shall maintain financial records such that the consumer protection unit, or its successor, of the attorney general's office can audit such records. (3) Within 30 days of receipt of the first disputed rent increase payment, the community owner shall provide written notice to the Delaware manufactured home relocation authority (Authority) and the consumer protection unit, or its successor, of the attorney general's office identifying the name of financial institution where the escrow account is located and the account number. The Authority shall post the name of the financial institution where the escrow account is located on its website without the bank account number. (4) The community owner is prohibited from using the escrowed funds in any manner not expressly permitted by this subsection. (5) Penalties. Failure of the community owner to provide notice pursuant to section 7043(i)(3) shall result in a fine of $ per day payable to the consumer protection fund. Failure of the community owner to deposit the disputed rent increase amount in a federally-insured financial institution with an office that accepts deposits within the state pursuant to section 7043(9)(1) shall constitute forfeiture of the disputed rent increase by the community owner to the home owner. Failure by the community owner to return the disputed rent increase amount to the home owner within 20 days from the effective date of forfeiture shall entitle the home owner to double the 5

6 2017 IA HB 505 total disputed rent increase amount. (6) If the rent increase amount is not approved at arbitration and the community owner appeals pursuant to section 7044, the home owner may discontinue disputed rent increase payments to the community owner. (7) Upon final resolution of the rent increase dispute, if the rent increase is not approved, the community owner shall return to the home owner the amount of the disputed rent increase paid by the home owner plus any interest accrued. If the rent increase is approved, the community owner is entitled to any portion of the disputed rent increase amount that was upheld upon final resolution held in escrow plus any interest accrued in addition to the disputed rent increase amount unpaid after arbitration. IA Ways and Ma Introduced 04/10/17 Other Adds IA ST 422.7, subsection 41a and IA ST 422.9, subsection 2. Allows individuals, on or after January 1, 2018, to open an interest-bearing savings account and designate the account as a first-time homebuyer savings account for the purpose of financing the purchase of a single-family residence in this state by a first-time homebuyer. "Single-family residence" means a single-family residence owned and occupied by a designated beneficiary as the designated beneficiary's principal residence, including but not limited to a manufactured home, mobile home, condominium unit, or cooperative. Sets forth establishment of account, designation of beneficiary, account administration, financial institution protections, tax considerations, and rules and forms. 6

7 2017 IA HB IA Appropriations Introduced 04/14/17 Affordable 646 Housing Adds new IA ST Manufactured housing program fund. 1. Creates a manufactured housing program fund within the authority to further the goal of providing affordable housing to Iowans. The moneys in the fund are to be used for the purpose of providing funding to financing agents or financial institutions to finance the purchase by an individual of a manufactured home that is in compliance with all laws, rules, and standards that are applicable to manufactured homes and manufactured housing. 2. Moneys received by the authority for the manufactured housing program fund, transferred by the authority for deposit in the fund, appropriated to the fund, and any other moneys available to and obtained or accepted by the authority for placement in the fund shall be deposited in the fund and are appropriated to the authority to be used as set forth in this section. Additionally, recapture of awards and other repayments to the fund shall be deposited in the fund and are appropriated to the authority to be used as set forth in this section. Notwithstanding any provision of section 16.46, 16.47, 16.48, or to the contrary, the authority shall be authorized to transfer for deposit in the manufactured housing program fund for any fiscal year any unobligated and unencumbered moneys in the funds created in sections 16.46, 16.47, 16.48, and from the prior fiscal year. However, the maximum amount of moneys that may be so transferred for any fiscal year shall not exceed the lesser of one million dollars or an amount equal to the total amount of any unobligated and unencumbered moneys in the funds available for transfer from the previous fiscal year reduced by one million dollars. Additionally, recapture of awards and other 7

8 repayments to the fund shall be deposited in the fund and are appropriated to the authority to be used as set forth in this section. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining in the fund on June 30 of any fiscal year shall not revert to any other fund but shall be available for expenditure in subsequent years. However, any unencumbered or unobligated moneys remaining in the fund on June 30 of any fiscal year that were transferred to the fund as provided in paragraph "b" shall revert to the fund from which the transfer was made. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund or appropriated to the fund shall be credited to the fund. 3. The authority shall allocate moneys available in the manufactured housing program fund to financial institutions to be used as set forth in subsection 1. The authority may provide funding to financing agents or financial institutions in the form of loans, linked deposits, guarantees, reserve funds, or any other prudent financial instruments. 4. The authority shall adopt rules pursuant to chapter 17A necessary to implement and administer this section, including but not limited to eligibility requirements for financial institutions to receive funding through the manufactured housing program fund. 8

9 2017 LA SB 228 LA Barrow Introduced 04/10/17 Other Enacts LA ST 33: : East Baton Rouge Parish Mobile Home Park Safety Act. The legislature finds and declares that the standards and requirements established for occupancy and use of mobile home parks should guarantee park residents maximum protection of their investment and a decent living environment. There are areas in the parish of East Baton Rouge, Louisiana, which have become slum and blighted due to one or more of the following reasons: (1) unsafe, unsanitary, inadequate, or overcrowded conditions of the mobile homes therein; (2) inadequate planning of the mobile home park; (3) physically or functionally obsolete mobile homes; (4) excessive dwelling unit density; (5) lack of proper light and air and open space; (6) faulty street or lot design; (7) inadequate public utilities or community services; (8) conversion to incompatible types of land usage and facilities which are functionally obsolescent due to the passage of time and the resulting wear and tear. These conditions, or a combination of some or all of them, have and will continue to result in making the mobile home parks economic and social liabilities imposing onerous municipal burdens which decrease the tax base and reduce tax revenues and cause harm to the social and economic well-being of the municipality, depreciating property values therein, and thereby depreciating further the general community-wide values. The prevention and elimination of slums and blighted areas and their causes is a matter of public policy and concern in order that the municipality shall not continue to be endangered by areas which are focal centers of economic and social lag and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, and 9

10 other forms of public protection, services, and facilities. Certain such areas or portions thereof may be susceptible to conservation or rehabilitation by voluntary action and through existing regulatory processes in such a manner that the conditions and evils enumerated in this section may be eliminated, remedied, and prevented in certain areas blight and slum conditions are beyond remedy or reasonable control through regulatory processes and cannot be effectively addressed under existing law without additional aids. LA ST 33:5073 Occupational Permit Required. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any owner to operate a mobile home park within East Baton Rogue Parish, unless the person first obtains an occupational permit. Describes permit issuance process. LA ST 33:5073 Operating Requirements. Sets forth operating requirements, including posting a map, maintaining record of mobile homes, and notifying tenants of the foundation and tie down requirements and reporting any refusal to comply. LS ST 33:5075 Enforcement of Ordinances in East Baton Rouge Parish. Gives enforcement authority to the public authority. Defines statutory terms. 10

11 2017 LA HB 471 LA Foil Introduced 04/10/17 Other Amends LA ST 51: to require all manufactured home retailers and developers to have at least one licensed salesman. Amends LA ST 51: LA Manufactured Housing Commission regarding commission membership and executive director credentials and requirements. Expands Commission authority to include transporters; present statute gives authority over manufacturers, retailers, developers, salesmen, and installers. Expands Commission authority to include the authority to adopt rules governing the repairs or renovations of manufactured homes. Makes minor changes to requirements for providing a uniform written transportation and installation contract. Amends LA ST 51: to allow the serial number to be stamped by the manufacturer on the Header Plate or front cross member of the frame of a manufactured or modular home. Amends LA ST 51: to allow all costs incurred by the commission, including reasonable attorney fees, to be borne by the person or licensee found in violation of the provisions of present and proposed law. Amends LA ST 51: to provide for a civil penalty not to exceed $2,500 for each violation of a provision applicable to manufactured and modular housing as provided in present and proposed law, and to double the civil penalty up to $5,000, if the commission determines a violation was intentional or the violator is a habitual offender; present statute allows for civil penalty up to $1,000. Amends LA ST 51: to extend down payment restriction to include developers; present statute includes retailers only in requiring that down payment must be received in order to include it in the purchase agreement. Amends LA ST 51: to require longitudinal ties 11

12 2017 LA HB 654 rather than diagonal ties at each end of each manufactured home unit, designated tie points on perimeter side walls equipped with diagonal ties (rather than vertical and diagonal ties), and vertical and diagonal ties with stabilizer devices spaced ten feet maximum (rather than twelve feet maximum) for Zone I when tie points are not designated on the side walls. Amends LA ST 51: to authorize a licensed installer to perform the functions of a transporter without obtaining a transporter license. Repeals LA ST 51:911.24(K), which prohibits a person from acting as a manufactured home broker without first obtaining a license from the commission. Repeals LA ST 51:911.28(A)(10), which provides for a manufactured home broker license and an associated $ licensure fee. Makes other minor changes. LA Reynolds Introduced 04/19/17 Other Amends LA ST 29: Imposition and collection of insurance surchage; Emergency Management Assistance Trust Fund. In order to provide funds for emergency management assistance, levies an annual $3 surcharge per policy on every homeowner's, mobile home owner's, tenant homeowner's, and condominium unit owner's policy, and an annual $5 surcharge on every commercial fire, commercial multiple peril, and business owner's property insurance policy, issued or renewed on or after July 1,

13 2017 ME SB 498 ME Volk Introduced 04/12/17 Other Amends 10 ME ST section 1404 to extend warranties applicable to the manufacture and sale of manufactured homes to include the approved building systems. Amends 10 ME ST section 9001 (statement of State policy and purpose for providing warranties against possible hazards) to include protection of structural systems. Amends 10 ME ST section 9002 (laws governing the Manufactured Housing Board) to exempt student-built modular homes pursuant to an educational program from its jurisdiction for a maximum of 2 modular homes annually. Amends 10 ME ST section 9006 which instructs the Board to set uniform standards for the installation of manufactured homes to include skirting of manufactured homes. Amends 10 ME ST section 9022 to clarify that licensed mechanics may install or service HUD-code homes and pre-hud-code homes and that licensed installers may install and service state-certified modular homes. Amends 10 ME ST section 9044 to permit the Board to request information and documentation when evaluating inspection agencies. Also changes references to "mobile home park" to "manufactured housing community." Makes other minor changes consistent with these changes NC HB 227 NC Davis T Substituted 04/19/17 Other Amends NC ST tenancy by the entirety in mobile homes: provides when two individuals then married to each other become co-owners of a mobile home, in the absence of anything to the contrary appearing in the instrument of title, they become tenants by the entirety with all the incidents of an estate by the entirety in real property, including the right of survivorship in the case of death of either. Current statute refers to a husband and wife. 13

14 2017 NC SB 628 / 2017 NC SB 671 NC Tillman / Britt Filed 04/04/17 Tax Amends NC ST Retail sales and use tax. The sale at retail and the use, storage, or consumption in this State of the following tangible personal property, digital property, and services are specifically exempted from the tax imposed by this Article - adds installation charges for a manufactured home or a modular home provided the installation charges are separately stated and identified as such on the invoice or other documentation given to the purchaser at the time of the sale, regardless of whether the home is being installed on property that is owned by the owner of the home NC SB 628 / 2017 NC SB 671 NC Tillman / Britt Introduced 04/05/17 Tax Amends NC ST Retail sales and use tax. The sale at retail and the use, storage, or consumption in this State of the following tangible personal property, digital property, and services are specifically exempted from the tax imposed by this Article - adds installation charges for a manufactured home or a modular home provided the installation charges are separately stated and identified as such on the invoice or other documentation given to the purchaser at the time of the sale, regardless of whether the home is being installed on property that is owned by the owner 2017 NC HB 685 of the home. NC Szoka Filed 04/10/17 Sales Law Amends NC ST A. Purchase agreements; buyer cancellations. For purchases of manufactured homes, the following notice, entitled "notice of right of cancellation," shall be provided by the dealer and signed by the buyer at the time of the initial deposit and in accordance with subsection (c) of this section, shall contain, in immediate proximity to the space reserved for the signature of the buyer and in at least ten point, all upper-case gothic type, the following statement: "I understand that I have the right to cancel 14

15 2017 NC HB NC SB 292 this purchase before midnight of the third business day after the date that I have signed this agreement. I understand that this cancellation must be in writing. if I cancel the purchase after the three-day period, I understand that the dealer may not have any obligation to give me back all of the money that I paid the dealer. NC Szoka Introduced 04/11/17 Sales Law Amends NC ST A. Purchase agreements; buyer cancellations. For purchases of manufactured homes, the following notice, entitled "notice of right of cancellation," shall be provided by the dealer and signed by the buyer at the time of the initial deposit and in accordance with subsection (c) of this section, shall contain, in immediate proximity to the space reserved for the signature of the buyer and in at least ten point, all upper-case gothic type, the following statement: "I understand that I have the right to cancel this purchase before midnight of the third business day after the date that I have signed this agreement. I understand that this cancellation must be in writing. if I cancel the purchase after the three-day period, I understand that the dealer may not have any obligation to give me back all of the money that I paid the dealer. NC Lee Substituted 04/25/17 Other Amends NC ST 153A-123: provides that violation of any ordinance adopted pursuant to NC ST 153a-138, registration of mobile homes, house trailers, etc. may not impose a criminal penalty. 15

16 2017 PA HB 1031 PA Moul Introduced 03/30/17 Park Amends PA ST to specify that the owner of a residential building or mobile harm park which contains one or more dwelling units, not individually metered, shall only be responsible for the payment for utility services rendered after the account is listed in the owner's name. Notwithstanding any other law, regulation or order of the commission to the contrary, the owner of a residential building, containing more than one but not exceeding six dwelling units, or mobile home park, containing up to 70 individual units, not individually metered, and a tenant may agree, as permitted by section 506-a of the act of April 6, 1951 (p.l.69, no.20), known as the landlord and tenant act of 1951, that the tenant will be responsible for usage registering on the tenant's utility account that is attributable to foreign load. If an owner and tenant have a lease or contract under which the tenant is responsible for usage: (i) the owner shall notify an affected public utility of the agreement and request that in the event of termination of service for nonpayment by the tenant or discontinuance of the tenant's account for any reason, the account shall be placed in the owner's name to ensure continued service to and operability of the uses causing the foreign load. If notice is provided as required by this section, a utility may not list an account in an owner's name on the sole basis that foreign load is present. (ii) If an account is transferred into an owner's name under this subsection, any balance on the account, at the time of transfer, shall remain the tenant's responsibility. an owner shall only be responsible for charges accruing from the date of transfer. For purposes of this subsection, "foreign load" means utility usage on an account in the name of a 16

17 tenant that is not exclusive to that tenant's unit and limited to the following: (i) outside lighting provided by the landlord and used by one or more tenants to safely enter and exit a residential building or mobile home park, (ii) hallway and stairway lighting inside a residential building used by one or more tenants to safely navigate a residential building, (iii) a well pump or septic pump used to provide safe, sanitary water or sewer service to a residential building to one or more tenants, (iv) a washing machine or clothes dryer located in a common area and used by one or more tenants, (v) an electric outlet located in a hallway or other common area, (vi) any other device, appliance or usage agreed to by the tenant and property owner under this subsection. 17