HB-4868, As Passed House, December 8, 2004                                  

    SENATE SUBSTITUTE FOR

    HOUSE BILL NO. 4868

                                                                             A bill to establish and protect the rights of manufactured                        

home park tenants; to prescribe the powers and duties of certain            

agencies and departments; and to provide remedies and penalties.            

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 1.  This act shall be known and may be cited as the                    

2   "manufactured home owners' residency act".                                  

3       Sec. 2.  As used in this act:                                               

4       (a) "Manufactured home" means a structure, transportable in 1               

5   or more sections, that is built on a chassis and designed to be             

6   used as a dwelling with or without permanent foundation, when               

7   connected to the required utilities, and includes the plumbing,             

8   heating, air-conditioning, and electrical systems contained in              

9   the structure.  Manufactured home includes a manufactured home as           

10  defined in section 603(6) of the national manufactured housing              

11  construction and safety standards act of 1974, title VI of the              

1   housing and community development act of 1974, 42 USC 5402.                 

2       (b) "Manufactured home park" means a parcel or tract of land                

3   under the control of a person upon which 3 or more manufactured             

4   homes are located on a continual, nonrecreational basis that is             

5   licensed or licensable for use as a manufactured home park by               

6   this state and that is offered to the public for that purpose               

7   regardless of whether a charge is made for that purpose, together           

8   with a building, structure, enclosure, street, equipment, or                

9   facility used or intended for use incident to the occupancy of a            

10  manufactured home.                                                          

11      (c) "Park owner" means an owner or operator of a manufactured               

12  home park.                                                                  

13      (d) "Park resident" means an owner of a manufactured home who               

14  rents a lot in a manufactured home park.  Park resident includes            

15  a member of the manufactured home owner's household.                        

16      (e) "Utility service" means electric, fuel oil, natural or                  

17  propane gas, sewer, waste disposal, or water service.                       

18      Sec. 3.  (1) A park owner shall allow a park resident the                   

19  right to sell the park resident's manufactured home within the              

20  manufactured home park at a price determined by the resident if             

21  the purchaser qualifies for tenancy and the manufactured home is            

22  in compliance with park rules and regulations.                              

23      (2) A park owner shall not make or enforce a rule,                          

24  regulation, policy, or rental agreement provision that does 1 or            

25  more of the following:                                                      

26      (a) Requires a park resident to remove the manufactured home                

27  from the manufactured home park solely on the basis of a sale or            

1   proposed sale of that resident's manufactured home.                         

2       (b) Requires a park resident to remove a manufactured home                  

3   from a manufactured home park for the purpose of manufactured               

4   home park renovation or remodeling.                                         

5       Sec. 4.  (1) A park owner shall allow the placement of up to                

6   2 "for sale" signs measuring less than 18 inches by 24 inches in            

7   the windows of a manufactured home or on a manufactured home if             

8   the home has been inspected and approved for sale in the                    

9   manufactured home park in accordance with applicable manufactured           

10  home park rules and regulations.                                            

11      (2) A park owner may prohibit the placement of more than 2                  

12  political yard signs per manufactured home site and may prohibit            

13  the placement of political yard signs that exceed measurements of           

14  22 inches by 28 inches.  For purposes of this subsection,                   

15  "political yard sign" means a campaign sign that demonstrates a             

16  position on current candidates for public elected office or                 

17  current proposals for public vote.                                          

18      (3) A park owner shall not restrict the right of a resident                 

19  to hear from public officials and political candidates on the               

20  premises of a manufactured home park.                                       

21      Sec. 5.  If a park owner chooses to develop rules to                        

22  regulate the size and weight of trucks within the manufactured              

23  housing community, the rules shall not prohibit commercial pickup           

24  trucks solely on the basis of the fact that it is a commercial              

25  pickup truck.                                                               

26      Sec. 6.  A park owner shall not threaten or initiate an                     

27  eviction against a park resident in violation of section 5775 of            

1   the revised judicature act of 1961, 1961 PA 236, MCL 600.5775,              

2   and other applicable law.                                                   

3       Sec. 7.  A park owner shall not prohibit a resident from                    

4   organizing a homeowners association for any purpose.  A park                

5   owner shall not deny the use of common areas of a manufactured              

6   home park to a homeowners association, if the homeowners                    

7   association agrees to use common areas on the same terms and                

8   under the same conditions that the common areas are made                    

9   available to other residents.  Permissible terms and conditions             

10  include, but are not limited to, payment of rental fees and                 

11  damage deposits and agreement to undertake cleanup                          

12  responsibilities.                                                           

13      Sec. 8.  A park owner that charges park residents for                       

14  utilities may offer a discount incentive to a park resident for             

15  early payment of utility bills.                                             

16      Sec. 9.  A park owner shall provide a park resident with 30                 

17  days' written notice before implementing an increase in a fee,              

18  charge, or other type of assessment relating to a manufactured              

19  home park residency.                                                        

20      Sec. 10.  (1) A park owner who violates a provision of this                 

21  act is subject to a civil fine of not more than $500.00 for each            

22  violation.  The total amount of civil fines assessed to a park              

23  owner under this subsection shall not exceed $5,000.00 in a                 

24  calendar year.  A civil fine imposed under this subsection shall            

25  be paid to the state treasurer for deposit in the general fund.             

26  A civil fine imposed under this subsection is in addition to, but           

27  not limited by, a criminal penalty prescribed in this act.                  

House Bill No. 4868 as amended December 1, 2004

as amended December 8, 2004                                 

1       (2) The attorney general or an affected individual may bring                

2   an action to enforce this act in a court of competent                       

3   jurisdiction in the county where the defendant resides or does              

4   business.  A person whose rights are affected because of a                  

5   violation of this act is entitled to recover actual damages <<

6   or $250.00, whichever is greater. >>  The court may also consider   

7   equitable remedies, including, but not limited to, injunctive               

8    relief.

[Enacting section 1.  This act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

  (a) Senate Bill No. 478.

  (b) House Bill No. 4880.]