REPRESENTATIVES Hoops, Peterson, Seitz, Calvert, Fessler, Setzer, Husted, Callender, Evans, Carmichael, Hollister, Widowfield, Olman, Jolivette, Webster, Niehaus, Blasdel, Allen, Hartnett, Patton, Willamowski, Distel, Sferra, Gilb, Wilson, Otterman, Flowers, Manning, Wolpert, Damschroder, Grendell, Womer Benjamin, Flannery, Metzger, Carano, Buehrer, Hagan, Cates, Schmidt, White, Schneider, Salerno

To amend sections 1923.01, 1923.02, 1923.09, 1923.11,

1

1923.13, 1923.14, 3733.01, 3733.091, 4503.061,

2

4503.062, 4513.01, and 5321.01 and to enact

3

sections 1901.184, 1907.032, 1923.12, 3733.081, and

4

3733.082 of the Revised Code to revise the forcible

5

entry and detainer law relative to writs of

6

execution issued in connection with manufactured

7

home park residential premises and the removal,

8

storage, and potential sale or destruction of an

9

abandoned manufactured home, mobile home, or

10

recreational vehicle on those premises; to expand

11

the types of information included in the register

12

of manufactured or mobile homes that make use of a

13

manufactured home court, park, or similar property;

14

to exclude manufactured homes and mobile homes from

15

the abandoned vehicle statutes, to provide a

16

procedure for the removal of abandoned property

17

from a recreational vehicle park, recreation camp,

18

combined park-camp, or temporary park-camp, and to

19

give qualified immunity to manufactured home park

20

operators.

21

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1923.01, 1923.02, 1923.09, 1923.11,	22
1923.13, 1923.14, 3733.01, 3733.091, 4503.061, 4503.062, 4513.01,	23
and 5321.01 be amended and sections 1901.184, 1907.032, 1923.12,	24
3733.081, and 3733.082 of the Revised Code be enacted to read as	25
follows:	26

Sec. 1901.184. In addition to jurisdiction otherwise granted	27
by this chapter, a municipal court shall have jurisdiction in	28
actions filed under section 3733.082 of the Revised Code.	29

Sec. 1907.032. In addition to the jurisdiction authorized in	30
other sections of this chapter, a county court has original	31
jurisdiction in actions filed under section 3733.082 of the	32
Revised Code.	33

Sec. 1923.01.  (A) As provided in this chapter, any judge of	34
a county or municipal court or a court of common pleas, within the	35
judge's proper area of jurisdiction, may inquire about persons who	36
make unlawful and forcible entry into lands or tenements and	37
detain them, and about persons who make a lawful and peaceable	38
entry into lands or tenements and hold them unlawfully and by	39
force. If, upon suchthe inquiry, it is found that an unlawful	40
and forcible entry has been made and the lands or tenements are	41
detained, or that, after a lawful entry, lands or tenements are	42
held unlawfully and by force, a judge shall cause the plaintiff in	43
an action under this chapter to have restitution of the lands or	44
tenements.	45

(B) An action shall be brought under this chapter within two	46
years after the cause of action accrues.	47

(C) As used in this chapter:

48

(1) "Tenant" means a person who is entitled under a rental	49
agreement to the use or occupancy of premises, other than premises	50
located in a manufactured home park as defined in section 3733.01	51
of the Revised Code, to the exclusion of others.	52

(2) "Landlord" means the owner, lessor, or sublessor of	53
premises, or the agent or person the landlord authorizes to manage	54
premises or to receive rent from a tenant under a rental	55
agreement, except, if required by the facts of the action to which	56
the term is applied, "landlord" means a park operator.	57

(3) "Park operator," "manufactured home," "mobile home,"	58
"manufactured home park," "recreational vehicle," and "resident"	59
have the same meanings as in section 3733.01 of the Revised Code.	60

(4) "Residential premises" has the same meaning as in	61
section 5321.01 of the Revised Code, except, if required by the	62
facts of the action to which the term is applied, "residential	63
premises" has the same meaning as in section 3733.01 of the	64
Revised Code.	65

(5) "Rental agreement" means any agreement or lease, written	66
or oral, that establishes or modifies the terms, conditions,	67
rules, or any other provisions concerning the use or occupancy of	68
premises by one of the parties to the agreement or lease, except	69
that "rental agreement," as used in division (A)(11)(13) of	70
section 1923.02 of the Revised Code and where the context requires	71
as used in this chapter, means a rental agreement as defined in	72
division (D) of section 5322.01 of the Revised Code.	73

(6) "Controlled substance" has the same meaning as in	74
section 3719.01 of the Revised Code.	75

Sec. 1923.02.  (A) Proceedings under this chapter may be had	76
as follows:	77

(1) Against tenants or manufactured home park residents	78
holding over their terms;	79

(2) Against tenants or manufactured home park residents in	80
possession under an oral tenancy, who are in default in the	81
payment of rent as provided in division (B) of this section;	82

(3) In sales of real estate, on executions, orders, or other	83
judicial process, when the judgment debtor was in possession at	84
the time of the rendition of the judgment or decree, by virtue of	85
which suchthe sale was made;	86

(4) In sales by executors, administrators, or guardians, and	87
on partition, when any of the parties to the complaint were in	88
possession at the commencement of the action, after suchthe	89
sales, so made on execution or otherwise, have been examined by	90
the proper court and adjudged legal;	91

(5) When the defendant is an occupier of lands or tenements,	92
without color of title, and the complainant has the right of	93
possession to them;	94

(6) In any other case of the unlawful and forcible detention	95
of lands or tenements. For purposes of this division, in addition	96
to any other type of unlawful and forcible detention of lands or	97
tenements, such a detention may be determined to exist when both	98
of the following apply:	99

(a) A tenant fails to vacate residential premises within	100
three days after both of the following occur:	101

(i) HisThe tenant's landlord has actual knowledge of or has	102
reasonable cause to believe that the tenant, any person in the	103
tenant's household, or any person on the premises with the consent	104
of the tenant previously has or presently is engaged in a	105
violation of Chapter 2925. or 3719. of the Revised Code, or of a	106
municipal ordinance that is substantially similar to any section	107
in either of those chapters, which involves a controlled substance	108
and which occurred in, is occurring in, or otherwise was or is	109
connected with the premises, whether or not the tenant or other	110
person has been charged with, has pleaded guilty to or been	111
convicted of, or has been determined to be a delinquent child for	112
an act that, if committed by an adult, would be a violation as	113
described in this division. For purposes of this division, a	114
landlord has "actual knowledge of or has reasonable cause to	115
believe" that a tenant, any person in the tenant's household, or	116
any person on the premises with the consent of the tenant	117
previously has or presently is engaged in a violation as described	118
in this division if a search warrant was issued pursuant to	119
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	120
affidavit presented to obtain the warrant named or described the	121
tenant or person as the individual to be searched and particularly	122
described the tenant's premises as the place to be searched, named	123
or described one or more controlled substances to be searched for	124
and seized, stated substantially the offense under Chapter 2925.	125
or 3719. of the Revised Code or the substantially similar	126
municipal ordinance that occurred in, is occurring in, or	127
otherwise was or is connected with the tenant's premises, and	128
states the factual basis for the affiant's belief that the	129
controlled substances are located on the tenant's premises; the	130
warrant was properly executed by a law enforcement officer and any	131
controlled substance described in the affidavit was found by that	132
officer during the search and seizure; and, subsequent to the	133
search and seizure, the landlord was informed by that or another	134
law enforcement officer of the fact that the tenant or person has	135
or presently is engaged in a violation as described in this	136
division and it occurred in, is occurring in, or otherwise was or	137
is connected with the tenant's premises.	138

(ii) The landlord gives the tenant the notice required by	139
division (C) of section 5321.17 of the Revised Code;.	140

(b) The court determines, by a preponderance of the	141
evidence, that the tenant, any person in the tenant's household,	142
or any person on the premises with the consent of the tenant	143
previously has or presently is engaged in a violation as described	144
in division (A)(6)(a)(i) of this section.	145

(7) In cases arising out of Chapter 5313. of the Revised	146
Code. In suchthose cases, the court has the authority to declare	147
a forfeiture of the vendee's rights under a land installment	148
contract and to grant any other claims arising out of the	149
contract.	150

(8) Against tenants who have breached an obligation that is	151
imposed by section 5321.05 of the Revised Code, other than the	152
obligation specified in division (A)(9) of that section, and that	153
materially affects health and safety. Prior to the commencement	154
of an action under this division, notice shall be given to the	155
tenant and compliance secured with section 5321.11 of the Revised	156
Code.	157

(9) Against tenants who have breached an obligation imposed	158
upon them by a written rental agreement;	159

(10) Against manufactured home park residents who have	160
defaulted in the payment of rent or breached the terms of a rental	161
agreement with a manufactured home park operator;. Nothing in	162
this division precludes the commencement of an action under	163
division (A)(12) of this section when the additional circumstances	164
described in that division apply.	165

(11) Against manufactured home park residents who have	166
committed two material violations of the rules of the manufactured	167
home park, of the public health council, or of applicable state	168
and local health and safety codes and who have been notified of	169
the violations in compliance with section 3733.13 of the Revised	170
Code.;	171

(12) Against a manufactured home park resident, or the estate	172
of a manufactured home park resident, who has been absent from the	173
manufactured home park for a period of thirty consecutive days	174
prior to the commencement of an action under this division and	175
whose manufactured home or mobile home, or recreational vehicle	176
that is parked in the manufactured home park, has been left	177
unoccupied for that thirty-day period, without notice to the park	178
operator and without payment of rent due under the rental	179
agreement with the park operator;	180

(13) Against occupants of self-service storage facilities, as	181
defined in division (A) of section 5322.01 of the Revised Code,	182
who have breached the terms of a rental agreement or violated	183
section 5322.04 of the Revised Code.	184

(B) If a tenant or manufactured home park resident holding	185
under an oral tenancy is in default in the payment of rent, hethe	186
tenant or resident forfeits histhe right of occupancy, and the	187
landlord may, at histhe landlord's option, terminate the tenancy	188
by notifying the tenant or resident, as provided in section	189
1923.04 of the Revised Code, to leave the premises, for the	190
restitution of which an action may then be brought under this	191
chapter.	192

(C) This chapter does not apply to a student tenant as	193
defined by division (H) of section 5321.01 of the Revised Code	194
when the college or university proceeds to terminate a rental	195
agreement pursuant to section 5321.031 of the Revised Code.	196

Sec. 1923.09. (A) If an action under this chapter is not	197
continued, the place of trial is not changed, and neither party	198
demands a jury on the return day of the summons, a judge of the	199
court shall try the cause. After hearing the evidence, if hethe	200
judge concludes that the complaint is not true, hethe judge shall	201
enter judgment against the plaintiff for costs. If hethe judge	202
finds the complaint to be true, hethe judge shall render a	203
general judgment against the defendant, in favor of the plaintiff,	204
for restitution of the premises and costs of suit. If the judge	205
finds the complaint true in part, hethe judge shall render a	206
judgment for restitution of suchthat part only, and the cost	207
costs shall be taxed as he deemsthe judge considers just.	208

(B) If a judgment is entered under this section in favor of	209
a plaintiff who is a park operator, the judge shall include in	210
the judgment entry authority for the plaintiff to permit, in	211
accordance with section 1923.12 and division (B) of section	212
1923.13 and division (B) of section 1923.14 of the Revised Code,	213
the removal from the manufactured home park and potential sale,	214
destruction, or transfer of ownership of the defendant's	215
manufactured home, mobile home, or recreational vehicle.	216

Sec. 1923.11. (A) The court shall enter the verdict rendered	217
by a jury under section 1923.10 of the Revised Code upon the	218
docket, and render judgment in the action as if the facts,	219
authorizing the finding of suchthe verdict, had been found by the	220
court itself.	221

(B) If a judgment is entered under this section in favor of	222
a plaintiff who is a park operator, the judge shall include in	223
the judgment entry authority for the plaintiff to permit, in	224
accordance with section 1923.12 and division (B) of section	225
1923.13 and division (B) of section 1923.14 of the Revised Code,	226
the removal from the manufactured home park and potential sale,	227
destruction, or transfer of ownership of the defendant's	228
manufactured home, mobile home, or recreational vehicle.	229

Sec. 1923.12. (A) If a resident or a resident's estate has	230
been evicted from a manufactured home park pursuant to a judgment	231
entered under section 1923.09 or 1923.11 of the Revised Code and	232
if the resident or estate has abandoned or otherwise left	233
unoccupied the resident's manufactured home, mobile home, or	234
recreational vehicle on the residential premises of the	235
manufactured home park for a period of three days following the	236
entry of the judgment, the operator of the manufactured home park	237
may provide to the titled owner of the home or vehicle a written	238
notice to remove the home or vehicle from the manufactured home	239
park within fourteen days from the date of the delivery of the	240
notice. The park operator shall deliver or cause the delivery of	241
the notice by personal delivery to the owner or by ordinary mail	242
sent to the last known address of the owner. Except as provided	243
in divisions (D) and (E) of this section, if the owner of the	244
manufactured home, mobile home, or recreational vehicle does not	245
remove it or cause it to be removed from the manufactured home	246
park within fourteen days from the date of the delivery of the	247
notice, the park operator may follow the procedures of division	248
(B) of section 1923.13 and division (B) of section 1923.14 of the	249
Revised Code to permit the removal from the manufactured home	250
park, and the potential sale, destruction, or transfer of	251
ownership of the home or vehicle.	252

(B) Every notice provided to the titled owner of a	253
manufactured home, mobile home, or recreational vehicle under this	254
section shall contain the following language printed in a	255
conspicuous manner: "You are being asked to remove your	256
manufactured home, mobile home, or recreational vehicle from the	257
residential premises of .........., a manufactured home park, in	258
accordance with a judgment of eviction entered in .......... court	259
on .......... against ........... If the manufactured home,	260
mobile home, or recreational vehicle is not removed from the	261
manufactured home park within fourteen days from the date of	262
delivery of this notice, the home or vehicle may be sold or	263
destroyed, or its title may be transferred to .........., pursuant	264
to division (B) of both sections 1923.13 and 1923.14 of the	265
Revised Code. If you are in doubt regarding your legal rights, it	266
is recommended that you seek legal assistance."	267

(C) Before requesting a writ of execution under division (B)	268
of section 1923.13 of the Revised Code, the park operator shall	269
conduct or cause to be conducted a search of the appropriate	270
public records that relate to the manufactured home, mobile home,	271
or recreational vehicle, and make or cause to be made reasonably	272
diligent inquiries, for the purpose of identifying any persons who	273
have an outstanding right, title, or interest in the home or	274
vehicle. If the search or inquiries reveal any person who has an	275
outstanding right, title, or interest in the manufactured home,	276
mobile home, or recreational vehicle, the park operator shall list	277
the name and last known address of each person with a right,	278
title, or interest of that nature on its request for the writ of	279
execution. The park operator also shall certify on the request	280
that park operator provided the written notice required by this	281
section.	282

(D) When a resident's estate has been evicted from a	283
manufactured home park pursuant to a judgment entered under	284
section 1923.09 or 1923.11 of the Revised Code, the removal from	285
the park and potential sale, destruction, or transfer of ownership	286
of the resident's home or vehicle shall be conducted in the manner	287
prescribed by the probate court in which letters testamentary or	288
of administration have been granted for the estate in accordance	289
with Title XXI of the Revised Code. The park operator may store	290
the resident's home or vehicle at a storage facility or at another	291
location within the manufactured home park during the	292
administration of the estate. The park operator shall notify the	293
executor or administrator of the resident's estate where the home	294
or vehicle will be stored during the administration of the estate.	295
The costs for the removal and storage of the home or vehicle shall	296
be a claim against the resident's estate without further	297
presentation of the claim to the executor or administrator.	298

(E)(1) When the resident who has been evicted from a	299
manufactured home park pursuant to a judgment entered under	300
section 1923.09 or 1923.11 of the Revised Code is the titled owner	301
of a manufactured home, mobile home, or recreational vehicle and	302
is or becomes deceased prior to the removal of the home or vehicle	303
from the manufactured home park, and no probate court has granted	304
letters testamentary or of administration with respect to the	305
resident's estate, the park operator may store the home or vehicle	306
at a storage facility or at another location within the	307
manufactured home park before and after a probate court grants	308
letters testamentary or of administration with respect to the	309
resident's estate pursuant to Title XXI of the Revised Code.	310

(2) If no probate court grants letters testamentary or of	311
administration with respect to the resident's estate within one	312
year of the date of the eviction of the resident from the	313
manufactured home park pursuant to a judgment entered under	314
section 1923.09 or 1923.11 of the Revised Code, the park operator	315
may follow the procedures of division (B) of section 1923.13 and	316
division (B) of section 1923.14 of the Revised Code to permit the	317
removal from the park and potential sale, destruction, or transfer	318
of ownership of the home or vehicle.	319

(3) If a probate court grants letters testamentary or of	320
administration with respect to the resident's estate within one	321
year of the date of the eviction of the resident from the park,	322
the removal from the park and potential sale, destruction, or	323
transfer of ownership of the home or vehicle shall be conducted	324
pursuant to division (D) of this section.	325

Sec. 1923.13. (A) When a judgment of restitution is entered	326
by a court in an action under this chapter, unless the plaintiff	327
or the plaintiff's agent or attorney proceeds under division (B)	328
of this section, at the request of the plaintiff or histhe	329
plaintiff's agent or attorney, that court shall issue a writ of	330
execution on the judgment, in the following form, as near as	331
practicable:	332

"The state of Ohio, ........................ county: To any	333
constable or police officer of ................... township, city,	334
or village; or To the sheriff of ...............................	335
county; or toTo any authorized bailiff of the ............: (name	336
of court):	337

Whereas, in a certain action for the forcible entry and	338
detention (or the forcible detention, as the case may be), of the	339
following described premises, to wit: ............, lately tried	340
before this court, wherein ............... was plaintiff, and	341
.......... was defendant, .............. judgment was rendered on	342
the ........ day of ............, ............, that the plaintiff	343
have restitution of those premises; and also that hethe plaintiff	344
recover costs in the sum of .............. You therefore are	345
hereby commanded to cause the defendant to be forthwith removed	346
from those premises, and the plaintiff to have restitution of	347
them; also, that you levy of the goods and chattels of the	348
defendant, and make the costs previously mentioned and all	349
accruing costs, and of this writ make legal service and due	350
return.	351

Witness my hand, this ....... day of ....., A.D. .........	352
.......................... Judge, .......... (Name of court)"	353

(B) When a judgment of restitution is entered by a court in	354
any action under this chapter against a manufactured home park	355
resident or the estate of a manufactured home park resident, at	356
the request of the plaintiff or the plaintiff's agent or attorney,	357
that court shall issue a writ of execution on the judgment, in the	358
following form, as near as practicable:	359

"The state of Ohio, .......... county; To any constable or	360
police officer of .......... township, city, or village; or To the	361
sheriff of .......... county; or To any authorized bailiff of the	362
.......... (name of court):	363

Whereas, in a certain action for eviction of a resident or a	364
resident's estate from the following described residential	365
premises of a manufactured home park on which the following	366
described manufactured home, mobile home, or recreational vehicle	367
is located, to wit: .........., lately tried before this court,	368
wherein .......... was plaintiff, and .......... was defendant,	369
.......... judgment was rendered on the .......... day of	370
.........., .........., that the plaintiff have restitution of the	371
premises and also that the plaintiff recover costs in the sum of	372
........... You therefore are hereby authorized to cause the	373
defendant to be removed from the residential premises, if	374
necessary. Also, you are to levy of the goods and chattels of the	375
defendant, and make the costs previously mentioned and all	376
accruing costs, and of this writ make legal service and due	377
return.	378

Further, you are authorized to cause the manufactured home,	379
mobile home, or recreational vehicle, and all personal property	380
and vehicles of the defendant on the residential premises, to be,	381
at your option, either (1) removed from the manufactured home park	382
and, if necessary, moved to a storage facility of your choice, or	383
(2) retained at their current location on the residential	384
premises, until they are disposed of in a manner authorized by	385
this writ or the law of this state.	386

If the manufactured home, mobile home, or recreational	387
vehicle has been abandoned by the defendant and the requirements	388
of section 1923.12 of the Revised Code have been satisfied, you	389
are hereby authorized to cause the sale of the home or vehicle in	390
accordance with division (B)(3) of section 1923.14 of the Revised	391
Code. A search of appropriate public records or other reasonably	392
diligent inquiries reveals the following persons, whose last known	393
addresses are listed next to their names, may continue to have an	394
outstanding right, title, or interest in the home or vehicle:	395
.......... If you are unable to sell the manufactured home, mobile	396
home, or recreational vehicle due to a want of bidders, after it	397
is offered for sale on two occasions, you are hereby commanded to	398
cause the presentation of this writ to the clerk of this court for	399
the issuance of a certificate of title transferring the title of	400
the home or vehicle to the plaintiff, free and clear of all	401
security interests, liens, and encumbrances, in accordance with	402
division (B)(3) of section 1923.14 of the Revised Code.	403

If the manufactured home, mobile home, or recreational	404
vehicle has been so abandoned and has a value of less than three	405
thousand dollars and if the requirements of section 1923.12 of the	406
Revised Code have been satisfied, you are hereby authorized either	407
to cause the sale or destruction of the home or vehicle, or to	408
cause the presentation of this writ to the clerk of this court for	409
the issuance of a certificate of title transferring the title of	410
the home or vehicle to the plaintiff, free and clear of all	411
security interests, liens, and encumbrances, in accordance with	412
division (B)(4) of section 1923.14 of the Revised Code.	413

Upon this writ's presentation to the clerk of this court	414
under the circumstances described in either of the two preceding	415
paragraphs and in accordance with division (B)(3) or (4) of	416
section 1923.14 of the Revised Code, as applicable, the clerk is	417
hereby commanded to issue a certificate of title transferring the	418
title of the manufactured home, mobile home, or recreational	419
vehicle to the plaintiff, free and clear of all security	420
interests, liens, and encumbrances, in the manner prescribed in	421
section 4505.10 of the Revised Code.	422

Witness my hand, this .......... day of ..........,	423
.......... , .......... Judge, .......... (Name of court)."	424

Sec. 1923.14. (A) Except as otherwise provided in this	425
section, within ten days after receiving thea writ of execution	426
described in division (A) or (B) of section 1923.13 of the Revised	427
Code, the sheriff, police officer, constable, or bailiff shall	428
execute it by restoring the plaintiff to the possession of the	429
premises, and shall levy and collect the costs and make return, as	430
upon other executions. If an appeal from the judgment of	431
restitution is filed and if, following the filing of the appeal, a	432
stay of execution is obtained and any required bond is filed with	433
the court of common pleas, municipal court, or county court, the	434
judge of that court immediately shall issue hisan order to the	435
sheriff, police officer, constable, or bailiff commanding him to	436
the delay of all further proceedings upon the execution. If the	437
premises have been restored to the plaintiff, the sheriff, police	438
officer, constable, or bailiff shall forthwith place the defendant	439
in possession of them, and return the writ with histhe sheriff's,	440
police officer's, constable's, or bailiff's proceedings and the	441
costs taxed thereonon it.	442

(B)(1) After a court of common pleas, municipal court, or	443
county court issues a writ of execution described in division (B)	444
of section 1923.13 of the Revised Code, the clerk of the court	445
shall send by regular mail, to the last known address of the	446
titled owner of the manufactured home, mobile home, or	447
recreational vehicle that is the subject of the writ and to the	448
last known address of each other person who is listed on the writ	449
as having any outstanding right, title, or interest in the home or	450
vehicle, a written notice that the home or vehicle potentially may	451
be sold, destroyed, or have its title transferred under the	452
circumstances described in division (B)(3) or (4) of this section.	453

(2) After receiving a writ of execution described in division	454
(B) of section 1923.13 of the Revised Code, and after causing the	455
defendant to be removed from the residential premises of the	456
manufactured home park, if necessary, in accordance with the writ,	457
the sheriff, police officer, constable, or bailiff may cause the	458
manufactured home, mobile home, or recreational vehicle that is	459
the subject of the writ, and all personal property and vehicles of	460
the defendant on the residential premises, at the sheriff's,	461
police officer's, constable's, or bailiff's option, either to be	462
removed from the manufactured home park and, if necessary, moved	463
to a storage facility of the sheriff's, police officer's,	464
constable's, or bailiff's choice, or to be retained at their	465
current location on the residential premises, until they are	466
claimed by the defendant or they are disposed of in a manner	467
authorized by division (B)(3) or (4) of this section or by another	468
section of the Revised Code.	469

The sheriff, police officer, constable, or bailiff who	470
removes the manufactured home, mobile home, or recreational	471
vehicle, or the personal property and vehicles of the defendant,	472
from the residential premises shall be immune from civil liability	473
pursuant to section 2744.03 of the Revised Code for any damage	474
caused to the home, any vehicle, or any personal property during	475
the removal. The park operator shall not be liable for any damage	476
caused by the park operator's removal of the manufactured home,	477
mobile home, or recreational vehicle, or, the removal of the	478
personal property or vehicles of the defendant, from the	479
residential premises or for any damage to the personal property	480
and vehicles of the defendant during the time the home, vehicle,	481
or property remains abandoned or stored in the manufactured home	482
park, unless the damage is the result of acts that the park	483
operator or the park operator's agents or employees performed with	484
malicious purpose, in bad faith, or in a wanton or reckless	485
manner. The reasonable costs for a removal of the manufactured	486
home, mobile home, or recreational vehicle and, as applicable, the	487
reasonable costs for its storage shall constitute a lien upon the	488
home or vehicle payable by its titled owner or payable pursuant to	489
division (B)(3) of this section.	490

(3) Except as provided in divisions (B)(4) and (5) of this	491
section, within sixty days after receiving a writ of execution	492
described in division (B) of section 1923.13 of the Revised Code,	493
the sheriff, police officer, constable, or bailiff shall commence	494
proceedings for the sale of the manufactured home, mobile home, or	495
recreational vehicle that is the subject of the writ if it is	496
determined to be abandoned in accordance with the procedures for	497
the sale of goods on execution under Chapter 2329. of the Revised	498
Code. In addition to all notices required to be given under	499
section 2329.13 of the Revised Code, the sheriff, police officer,	500
constable, or bailiff shall serve at their respective last known	501
addresses a written notice of the date, time, and place of the	502
sale upon all persons who are listed on the writ of execution as	503
having any outstanding right, title, or interest in the abandoned	504
manufactured home, mobile home, or recreational vehicle.	505

Notwithstanding any statutory provision to the contrary,	506
including, but not limited to, section 2329.66 of the Revised	507
Code, there shall be no stay of execution or exemption from levy	508
or sale on execution available to the titled owner of the	509
abandoned manufactured home, mobile home, or recreational vehicle	510
in relation to a sale under this division. The sheriff, police	511
officer, constable, or bailiff shall distribute the proceeds from	512
the sale of an abandoned manufactured home, mobile home, or	513
recreational vehicle under this division in the following manner:	514

(a) The sheriff, police officer, constable, or bailiff shall	515
first pay the costs for any moving of and any storage outside the	516
manufactured home park of the home or vehicle pursuant to division	517
(B)(2) of this section, the costs of the sale, and any unpaid	518
court costs assessed against the defendant in the underlying	519
action.	520

(b) Following the payment required by division (B)(3)(a) of	521
this section, the sheriff, police officer, constable, or bailiff	522
shall pay all outstanding tax liens on the home or vehicle.	523

(c) Following the payment required by division (B)(3)(b) of	524
this section, the sheriff, police officer, constable, or bailiff	525
shall pay all other outstanding security interests, liens, or	526
encumbrances on the home or vehicle by priority of filing or other	527
priority.	528

(d) Following the payment required by division (B)(3)(c) of	529
this section, the sheriff, police officer, constable, or bailiff	530
shall pay any outstanding monetary judgment rendered under section	531
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	532
and any costs associated with retaining the home or vehicle prior	533
to the sale at its location on the residential premises within the	534
manufactured home park pursuant to division (B)(2) of this	535
section.	536

(e) After complying with divisions (B)(3)(a) to (d) of	537
this section, the sheriff, police officer, constable, or bailiff	538
shall report any remaining money as unclaimed funds pursuant to	539
Chapter 169. of the Revised Code.	540

Upon the return of any writ of execution for the satisfaction	541
of which an abandoned manufactured home, mobile home, or	542
recreational vehicle has been sold under this division, on careful	543
examination of the proceedings of the sheriff, police officer,	544
constable, or bailiff conducting the sale, if the court that	545
issued the writ finds that the sale was made, in all respects, in	546
conformity with the relevant provisions of Chapter 2329. of the	547
Revised Code and with this division, it shall direct the clerk of	548
the court to make an entry on the journal that the court is	549
satisfied with the legality of the sale and to issue a certificate	550
of title, free and clear of all security interests, liens, and	551
encumbrances, to the purchaser of the home or vehicle.	552

If, after it is offered for sale on two occasions under this	553
division, the abandoned manufactured home, mobile home, or	554
recreational vehicle cannot be sold due to a want of bidders, the	555
sheriff, police officer, constable, or bailiff shall present the	556
writ of execution unsatisfied to the clerk of the court that	557
issued the writ for the issuance by the clerk in the manner	558
prescribed in section 4505.10 of the Revised Code of a certificate	559
of title transferring the title of the home or vehicle to the	560
plaintiff, free and clear of all security interests, liens, and	561
encumbrances. If any taxes are owed on the home or vehicle at this	562
time, the county auditor shall remove the delinquent taxes from	563
the manufactured home tax list and the delinquent manufactured	564
home tax list and remit any penalties for late payment of	565
manufactured home taxes. Acceptance of the certificate of title by	566
the plaintiff terminates all further proceedings under this	567
section.	568

(4) Except as provided in division (B)(5) of this section,	569
within sixty days after receiving a writ of execution described in	570
division (B) of section 1923.13 of the Revised Code, if the	571
manufactured home, mobile home, or recreational vehicle is	572
determined to be abandoned and to have a value of less than three	573
thousand dollars, the sheriff, police officer, constable, or	574
bailiff shall serve at their respective last known addresses a	575
written notice of potential action as described in this division	576
upon all persons who are listed on the writ as having any	577
outstanding right, title, or interest in the home or vehicle. This	578
notice shall be in addition to all notices required to be given	579
under section 2329.13 of the Revised Code. Subject to the	580
fulfillment of these notice requirements, the sheriff, police	581
officer, constable, or bailiff shall take one of the following	582
actions with respect to the abandoned manufactured home, mobile	583
home, or recreational vehicle:	584

(a) Cause its destruction if there is no outstanding right,	585
title, or interest in it;	586

(b) Proceed with its sale under division (B)(3) of this	587
section;	588

(c) If there is no outstanding right, title, or interest in	589
the home or vehicle present the writ of execution to the clerk of	590
the court that issued the writ for the issuance by the clerk in	591
the manner prescribed in section 4505.10 of the Revised Code of a	592
certificate of title transferring the title of the home or vehicle	593
to the plaintiff, free and clear of all security interests, liens,	594
and encumbrances. If any taxes are owed on the home or vehicle	595
at this time, the county auditor shall remove the delinquent taxes	596
from the manufactured home tax list and the delinquent	597
manufactured home tax list and remit any penalties for late	598
payment of manufactured home taxes. Acceptance of the certificate	599
of title by the plaintiff terminates all further proceedings under	600
this section.	601

(5) At any time prior to the issuance of the writ of	602
execution described in division (B) of section 1923.13 of the	603
Revised Code, the titled owner of the manufactured home, mobile	604
home, or recreational vehicle that would be the subject of the	605
writ may remove the abandoned home or vehicle from the	606
manufactured home park or other place of storage upon payment to	607
the county auditor of all outstanding tax liens on the home or	608
vehicle and, unless the owner is indigent, payment to the clerk of	609
court of all unpaid court costs assessed against the defendant in	610
the underlying action. After the issuance of the writ of	611
execution, the titled owner of the home or vehicle may remove the	612
abandoned home or vehicle from the manufactured home park or other	613
place of storage at any time up to the day before the scheduled	614
sale, destruction, or transfer of the home or vehicle pursuant to	615
division (B)(3) or (4) of this section upon payment of all of the	616
following:	617

(a) All costs for moving and storage of the home or vehicle	618
pursuant to division (B)(2) of this section and all costs incurred	619
by the sheriff, police officer, constable, or bailiff up to and	620
including the date of the removal of the home or vehicle;	621

(b) All outstanding tax liens on the home or vehicle;

622

(c) Unless the owner is indigent, all unpaid court costs	623
assessed against the defendant in the underlying action.	624

Sec. 3733.01.  As used in this chapter:

625

(A) "Manufactured home park" means any tract of land upon	626
which three or more manufactured or mobile homes used for	627
habitation are parked, either free of charge or for revenue	628
purposes, and includes any roadway, building, structure, vehicle,	629
or enclosure used or intended for use as a part of the facilities	630
of the park. "Manufactured home park" does not include any of the	631
following:	632

(1) A tract of land used solely for the storage or display	633
for sale of manufactured or mobile homes or solely as a temporary	634
park-camp;	635

(2) A tract of land that is subdivided and the individual	636
lots are for sale or sold for the purpose of installation of	637
manufactured or mobile homes used for habitation and the roadways	638
are dedicated to the local government authority;	639

(3) A tract of land within an area that is subject to local	640
zoning authority and subdivision requirements and is subdivided,	641
and the individual lots are for sale or sold for the purpose of	642
installation of manufactured or mobile homes for habitation.	643

(B) "Recreational vehicle park" means any tract of land used	644
for parking five or more self-contained recreational vehicles and	645
includes any roadway, building, structure, vehicle, or enclosure	646
used or intended for use as part of the park facilities and any	647
tract of land that is subdivided for lease or other contract of	648
the individual lots for the express or implied purpose of placing	649
self-contained recreational vehicles for recreation, vacation, or	650
business purposes.	651

"Recreational vehicle park" does not include any tract of	652
land used solely for the storage or display for sale of	653
self-contained recreational vehicles or solely as a temporary	654
park-camp.	655

(C) "Portable camping units" means dependent recreational	656
vehicles, tents, portable sleeping equipment, and similar camping	657
equipment used for travel, recreation, vacation, or business	658
purposes.	659

(D) "Manufactured home" has the meaning set forth in	660
division (C)(4) of section 3781.06 of the Revised Code, and	661
"mobile home" and "recreational vehicle" have the meanings set	662
forth in section 4501.01 of the Revised Code.	663

(E) "Self-contained recreational vehicle" means a	664
recreational vehicle that can operate independent of connections	665
to sewer and water and has plumbing fixtures or appliances all of	666
which are connected to sewage holding tanks located within the	667
vehicle.	668

(F) "Dependent recreational vehicle" means a recreational	669
vehicle other than a self-contained recreational vehicle.	670

(G) "Recreation camp" means any tract of land upon which	671
five or more portable camping units are placed and includes any	672
roadway, building, structure, vehicle, or enclosure used or	673
intended for use as a part of the facilities of the camp. A tract	674
of land that is subdivided for lease or other contract of the	675
individual lots is a recreation camp if five or more portable	676
camping units are placed on it for recreation, vacation, or	677
business purposes.	678

"Recreation camp" does not include any tract of land used	679
solely for the storage or display for sale of dependent	680
recreational vehicles or solely as a temporary park-camp.	681

(H) "Combined park-camp" means any tract of land upon which	682
a combination of five or more self-contained recreational vehicles	683
or portable camping units are placed and includes any roadway,	684
building, structure, vehicle, or enclosure used or intended for	685
use as part of the park facilities. A tract of land that is	686
subdivided for lease or other contract of the individual lots is a	687
combined park-camp if a combination of five or more recreational	688
vehicles or portable camping units are placed on it for	689
recreation, vacation, or business purposes.	690

"Combined park-camp" does not include any tract of land used	691
solely as a temporary park-camp.	692

(I) "Licensor" means either the board of health of a city or	693
general health district, or the authority having the duties of a	694
board of health in any city as authorized by section 3709.05 of	695
the Revised Code, or the director of health, when required under	696
division (B) of section 3733.031 of the Revised Code. "Licensor"	697
also means an authorized representative of any of those entities	698
or of the director.	699

(J) "Tenant" means a person who is entitled under a rental	700
agreement with a manufactured home park operator to occupy a	701
manufactured home park lot and who does not own the home occupying	702
the lot.	703

(K) "Owner" means a person who is entitled under a rental	704
agreement with a manufactured home park operator to occupy a	705
manufactured home park lot and who owns the home occupying the	706
lot.	707

(L) "Resident" means a person entitled under a rental	708
agreement to the use and occupancy of residential premises to the	709
exclusion of others. It includes both tenants and owners.	710

(M) "Operator" means the person who has responsible charge	711
of a manufactured home park, recreational vehicle park, recreation	712
camp, combined park-camp, or temporary park-camp and who is	713
licensed under sections 3733.01 to 3733.08 of the Revised Code.	714

(N) "Park operator" means a manufactured home park operator.

715

(O) "Residential premises" means a lot located within a	716
manufactured home park and the grounds, areas, and facilities	717
contained within the manufactured home park for the use of	718
residents generally or the use of which is promised to a resident.	719

(P) "Rental agreement" means any agreement or lease, written	720
or oral, that establishes or modifies the terms, conditions,	721
rules, or any other provisions concerning the use and occupancy of	722
residential premises by one of the parties.	723

(Q) "Security deposit" means any deposit of money or	724
property to secure performance by the resident under a rental	725
agreement.	726

(R) "Temporary park-camp" means any tract of land used for a	727
period not to exceed a total of twenty-one days per calendar year	728
for the purpose of parking five or more recreational vehicles,	729
dependent recreational vehicles, or portable camping units, or any	730
combination thereof, for one or more periods of time that do not	731
exceed seven consecutive days or parts thereof.	732

(S) "Development" means any artificial change to improved or	733
unimproved real estate, including, without limitation, buildings	734
or structures, dredging, filling, grading, paving, excavation or	735
drilling operations, or storage of equipment or materials, and the	736
construction, expansion, or substantial alteration of a	737
manufactured home park, recreational vehicle park, recreation	738
camp, or combined park-camp, for which plan review is required	739
under division (A) of section 3733.021 of the Revised Code.	740
"Development" does not include the building, construction,	741
erection, or manufacture of any building to which section 3781.06	742
of the Revised Code is applicable.	743

(T) "Flood" or "flooding" means either of the following:

744

(1) A general and temporary condition of partial or complete	745
inundation of normally dry land areas from any of the following:	746

(a) The overflow of inland or tidal waters;

747

(b) The unusual and rapid accumulation or runoff of surface	748
waters from any source;	749

(c) Mudslides that are proximately caused by flooding as	750
defined in division (T)(1)(b) of this section and that are akin to	751
a river of liquid and flowing mud on the surface of normally dry	752
land areas, as when earth is carried by a current of water and	753
deposited along the path of the current.	754

(2) The collapse or subsidence of land along the shore of a	755
lake or other body of water as a result of erosion or undermining	756
that is caused by waves or currents of water exceeding anticipated	757
cyclical levels or that is suddenly caused by an unusually high	758
water level in a natural body of water, and that is accompanied by	759
a severe storm, by an unanticipated force of nature, such as a	760
flash flood, by an abnormal tidal surge, or by some similarly	761
unusual and unforeseeable event, that results in flooding as	762
defined in division (T)(1)(a) of this section.	763

(U) "Flood plain" means the area adjoining any river,	764
stream, watercourse, or lake that has been or may be covered by	765
flood water.	766

(V) "One-hundred-year flood" means a flood having a one per	767
cent chance of being equaled or exceeded in any given year.	768

(W) "One-hundred-year flood plain" means that portion of a	769
flood plain inundated by a one-hundred-year flood.	770

(X) "Person" has the same meaning as in section 1.59 of the	771
Revised Code and also includes this state, any political	772
subdivision of this state, and any other state or local body of	773
this state.	774

(Y) "Substantial damage" means damage of any origin	775
sustained by a manufactured or mobile home that is situated in a	776
manufactured home park located in a flood plain when the cost of	777
restoring the home to its condition before the damage occurred	778
will equal or exceed fifty per cent of the market value of the	779
home before the damage occurred.	780

(Z) "Substantially alter" means a change in the layout or	781
design of a manufactured home park, recreational vehicle park,	782
recreation camp, combined park-camp, or temporary park-camp,	783
including, without limitation, the movement of utilities or	784
changes in established streets, lots, or sites or in other	785
facilities. In the case of manufactured home parks located within	786
a one-hundred-year flood plain, "substantially alter" also	787
includes changes in elevation resulting from the addition of fill,	788
grading, or excavation that may affect flood plain management.	789

(AA) "Tract" means a contiguous area of land that consists	790
of one or more parcels, lots, or sites that have been separately	791
surveyed regardless of whether the individual parcels, lots, or	792
sites have been recorded and regardless of whether the one or more	793
parcels, lots, or sites are under common or different ownership.	794

(BB) "Director of health" means the director of health or	795
the director's authorized representative.	796

(CC) "Camp operator" means the operator of a recreational	797
vehicle park, recreation camp, combined park-camp, or temporary	798
park-camp.	799

(DD) "Campsite user" means a person who enters into a	800
campsite use agreement with a camp operator for the use of a	801
campsite at a recreational vehicle park, recreation camp, combined	802
park-camp, or temporary park-camp.	803

Sec. 3733.081. Every campsite use agreement entered into	804
between a camp operator and a campsite user shall be in writing,	805
shall contain the name, address, and phone number of the campsite	806
user, and shall designate the campsite that is the subject of the	807
agreement. The campsite use agreement also shall contain a	808
description of the procedure for removing property from the	809
campsite if the campsite user fails to remove all property from	810
the campsite as required by section 3733.082 of the Revised Code.	811

Sec. 3733.082. (A) A campsite user who enters into a campsite	812
use agreement with a camp operator for the use of a campsite at a	813
recreational vehicle park, recreation camp, combined park-camp, or	814
temporary park-camp, at the expiration of the campsite use period	815
under the agreement, shall remove from the campsite all of the	816
campsite user's property and all property any other person placed	817
on the campsite with the permission of the campsite user. If the	818
campsite user fails to remove all of that property from the	819
campsite within the five-consecutive-day period after the	820
expiration of that campsite use period, all of the following	821
apply:	822

(1) The camp operator shall perform an inventory of the	823
property that the campsite user did not remove from the campsite.	824

(2) The camp operator may send a letter to the campsite user	825
informing the campsite user that the campsite user has abandoned	826
the property on the campsite in violation of the campsite use	827
agreement and that the camp operator will commence an action for	828
the seizure of the property if the campsite user does not remove	829
the property from the campsite within ten days after the date on	830
which the letter is mailed.	831

(3) If the campsite user does not remove the property from	832
the campsite within ten days after the date on which the letter	833
described in division (A)(2) of this section is mailed, the camp	834
operator may file an action for the seizure of the property that	835
remains on the campsite in the municipal court or county court	836
that has territorial jurisdiction over the park or camp. The	837
complaint shall contain all of the following:	838

(a) The name, address, and phone number of the campsite user	839
that is in the campsite use agreement;	840

(b) A description of the property that the campsite user has	841
not removed from the campsite;	842

(c) A demand that all of the property listed in the	843
complaint be removed from the campsite within seven days after	844
service of the complaint upon the campsite user;	845

(d) A description of the procedure that will be followed if	846
the campsite user does not remove the listed property within the	847
seven-day period;	848

(e) A statement that the campsite user shall pay to the	849
clerk of the court the amount of the filing fees charged for the	850
filing of the complaint, that the campsite user shall pay those	851
fees prior to the campsite user's removal of the listed property	852
from the campsite, and that if the campsite user fails to pay the	853
amount of the filing fees the property may be sold to pay the	854
filing fees.	855

(4) When the camp operator files an action under division	856
(A)(3) of this section, the clerk of the court shall issue a	857
summons and a copy of the complaint pursuant to the Rules of Civil	858
Procedure to the campsite user at the address provided in the	859
campsite use agreement.	860

(5) If the campsite user does not file an answer to the	861
complaint filed under division (A)(3) of this section and remove	862
all of the property listed in the complaint within seven days	863
after service of the complaint upon the campsite user, the court	864
shall do either of the following:	865

(a) Issue an order authorizing the sheriff, another peace	866
officer, or a bailiff to remove the property from the campsite and	867
place it in storage;	868

(b) Authorize the camp operator to seize the property and	869
cause the issuance to the camp operator of a new certificate of	870
title for the property if the property is a titled vehicle.	871

(6) Upon the removal and storage of the property, the	872
sheriff, peace officer, bailiff, or camp operator shall conduct	873
or cause to be conducted a search of the appropriate public	874
records that relate to the property and shall make or cause to be	875
made reasonably diligent inquiries for the purpose of identifying	876
persons who have any right, title, or interest in any of the	877
property. Then, the sheriff, peace officer, bailiff, or camp	878
operator may commence proceedings for the sale of the property.	879
The sheriff, peace officer, bailiff, or camp operator shall send	880
by certified mail, return receipt requested, a written notice of	881
the date, time, and place of the sale to each person who, because	882
of the conduct of the search, the making of inquiries, or	883
otherwise, the sheriff, peace officer, bailiff, or camp operator	884
believes has any right, title, or interest in the property. The	885
sheriff, peace officer, bailiff, or camp operator shall send the	886
notice to the last known address of each of those persons.	887

(7) If the sheriff, peace officer, bailiff, or camp operator	888
sells the property, the sheriff, peace officer, bailiff, or camp	889
operator shall dispose of the proceeds of the sale in the	890
following order:	891

(a) The sheriff, peace officer, bailiff, or camp operator	892
shall first pay the costs for any moving or any storage of the	893
property, the costs of the sale, and any unpaid court costs	894
assessed against the campsite user in the underlying action.	895

(b) Following the payment required by division (A)(7)(a) of	896
this section, the sheriff, peace officer, bailiff, or camp	897
operator shall pay all other outstanding security interests,	898
liens, or encumbrances on the property by priority of filing or	899
other priority.	900

(c) After complying with divisions (A)(7)(a) and (b) of this	901
section, the sheriff, peace officer, bailiff, or camp operator	902
shall transfer any remaining money to the owner of the property.	903

(8) If the sheriff, peace officer, bailiff, or camp operator	904
does not conduct a sale of the property, the sheriff, peace	905
officer, bailiff, or camp operator shall dispose of the property	906
in the following manner:	907

(a) If the property is a motor vehicle or recreational	908
vehicle, in accordance with the procedure in section 4513.61 or	909
4513.63 of the Revised Code;	910

(b) If the property is personal property, in accordance with	911
the procedure in section 2933.41 of the Revised Code.	912

(B) Upon collection from the campsite user, the municipal	913
court or county court shall reimburse the filing fees to the camp	914
operator.	915

Sec. 3733.091.  (A) Notwithstanding section 3733.09 of the	916
Revised Code, a park operator may bring an action under Chapter	917
1923. of the Revised Code for possession of the premises if any of	918
the following applies:	919

(1) The resident is in default in the payment of rent;.

920

(2) The violation of the applicable building, housing,	921
health, or safety code that the resident complained of was	922
primarily caused by any act or lack of reasonable care by the	923
resident, or by any other person in the resident's household, or	924
by anyone on the premises with the consent of the resident;.	925

(3) The resident is holding over histhe resident's term;.

926

(4) The resident is in violation of rules of the public	927
health council adopted pursuant to section 3733.02 of the Revised	928
Code or rules of the manufactured home park adopted pursuant to	929
the rules of the public health council.	930

(5) The resident has been absent from the manufactured home	931
park for a period of thirty consecutive days prior to the	932
commencement of the action, and the resident's manufactured home,	933
mobile home, or recreational vehicle parked in the manufactured	934
home park has been left unoccupied for that thirty-day period,	935
without notice to the park operator and without payment of rent	936
due under the rental agreement.	937

(B) The maintenance of an action by the park operator under	938
this section does not prevent the resident from recovering damages	939
for any violation by the park operator of the rental agreement or	940
of section 3733.10 of the Revised Code.	941

Sec. 4503.061.  (A) All manufactured and mobile homes shall	942
be listed on either the real property tax list or the manufactured	943
home tax list of the county in which the home has situs. Each	944
owner shall follow the procedures in this section to identify the	945
home to the county auditor of the county containing the taxing	946
district in which the home has situs so that the auditor may place	947
the home on the appropriate tax list.	948

(B) When a manufactured or mobile home first acquires situs	949
in this state and is subject to real property taxation pursuant to	950
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	951
owner shall present to the auditor of the county containing the	952
taxing district in which the home has its situs the certificate of	953
title for the home, together with proof that all taxes due have	954
been paid and proof that a relocation notice was obtained for the	955
home if required under this section. Upon receiving the	956
certificate of title and the required proofs, the auditor shall	957
place the home on the real property tax list and proceed to treat	958
the home as other properties on that list. After the auditor has	959
placed the home on the tax list of real and public utility	960
property, the auditor shall deliver the certificate of title to	961
the clerk of the court of common pleas that issued it pursuant to	962
section 4505.11 of the Revised Code, and the clerk shall	963
inactivate the certificate of title.	964

(C)(1) When a manufactured or mobile home subject to a	965
manufactured home tax is relocated to or first acquires situs in	966
any county that has adopted a permanent manufactured home	967
registration system, as provided in division (F) of this section,	968
the owner, within thirty days after the home is relocated or first	969
acquires situs under section 4503.06 of the Revised Code, shall	970
register the home with the county auditor of the county containing	971
the taxing district in which the home has its situs. For the	972
first registration in each county of situs, the owner or vendee in	973
possession shall present to the county auditor an Ohio certificate	974
of title, certified copy of the certificate of title, or	975
memorandum certificate of title as such are required by law, and	976
proof, as required by the county auditor, that the home, if it has	977
previously been occupied and is being relocated, has been	978
previously registered, that all taxes due and required to be paid	979
under division (H)(1) of this section before a relocation notice	980
may be issued have been paid, and that a relocation notice was	981
obtained for the home if required by division (H) of this section.	982
If the owner or vendee does not possess the Ohio certificate of	983
title, certified copy of the certificate of title, or memorandum	984
certificate of title at the time the owner or vendee first	985
registers the home in a county, the county auditor shall register	986
the home without presentation of the document, but the owner or	987
vendee shall present the certificate of title, certified copy of	988
the certificate of title, or memorandum certificate of title to	989
the county auditor within fourteen days after the owner or vendee	990
obtains possession of the document.	991

(2) When a manufactured or mobile home is registered for the	992
first time in a county and when the total tax due has been paid as	993
required by division (F) of section 4503.06 of the Revised Code or	994
divisions (E) and (H) of this section, the county treasurer shall	995
note by writing or by a stamp on the certificate of title,	996
certified copy of certificate of title, or memorandum certificate	997
of title that the home has been registered and that the taxes due,	998
if any, have been paid for the preceding five years and for the	999
current year. The treasurer shall then issue a certificate	1000
evidencing registration and a decal to be displayed on the street	1001
side of the home. SuchThe certificate is valid in any county in	1002
this state during the year for which it is issued.	1003

(3) For each year thereafter, the county treasurer shall	1004
issue a tax bill stating the amount of tax due under section	1005
4503.06 of the Revised Code, as provided in division (D)(6) of	1006
that section. When the total tax due has been paid as required by	1007
division (F) of that section 4503.06 of the Revised Code, the	1008
county treasurer shall issue a certificate evidencing registration	1009
that shall be valid in any county in this state during the year	1010
for which the certificate is issued.	1011

(4) The permanent decal issued under this division is valid	1012
during the period of ownership, except that when a manufactured	1013
home is relocated in another county the owner shall apply for a	1014
new registration as required by this section and section 4503.06	1015
of the Revised Code.	1016

(D)(1) All owners of manufactured or mobile homes subject to	1017
the manufactured home tax being relocated to or having situs in a	1018
county that has not adopted a permanent registration system, as	1019
provided in division (F) of this section, shall register the home	1020
within thirty days after the home is relocated or first acquires	1021
situs under section 4503.06 of the Revised Code and thereafter	1022
shall annually register the home with the county auditor of the	1023
county containing the taxing district in which the home has its	1024
situs.	1025

(2) Upon the annual registration, the county treasurer	1026
shall issue a tax bill stating the amount of annual manufactured	1027
home tax due under section 4503.06 of the Revised Code, as	1028
provided in division (D)(6) of that section. When a manufactured	1029
or mobile home is registered and when the tax for the current	1030
one-half year has been paid as required by division (F) of that	1031
section 4503.06 of the Revised Code, the county treasurer shall	1032
issue a certificate evidencing registration and a decal. SuchThe	1033
certificate and decal are valid in any county in this state during	1034
the year for which they are issued. The decal shall be displayed	1035
on the street side of the home.	1036

(3) For the first annual registration in each county of	1037
situs, the county auditor shall require the owner or vendee to	1038
present an Ohio certificate of title, certified copy of the	1039
certificate of title, or memorandum certificate of title as such	1040
are required by law, and proof, as required by the county auditor,	1041
that the manufactured or mobile home has been previously	1042
registered, if such registration was required, that all taxes due	1043
and required to be paid under division (H)(1) of this section	1044
before a relocation notice may be issued have been paid, and that	1045
a relocation notice was obtained for the home if required by	1046
division (H) of this section. If the owner or vendee does not	1047
possess the Ohio certificate of title, certified copy of the	1048
certificate of title, or memorandum certificate of title at the	1049
time the owner or vendee first registers the home in a county, the	1050
county auditor shall register the home without presentation of the	1051
document, but the owner or vendee shall present the certificate of	1052
title, certified copy of the certificate of title, or memorandum	1053
certificate of title to the county auditor within fourteen days	1054
after the owner or vendee obtains possession of the document. When	1055
the county treasurer receives the tax payment, the county	1056
treasurer shall note by writing or by a stamp on the certificate	1057
of title, certified copy of the certificate of title, or	1058
memorandum certificate of title that the home has been registered	1059
for the current year and that the manufactured home taxes due, if	1060
any, have been paid for the preceding five years and for the	1061
current year.	1062

(4) For subsequent annual registrations, the auditor may	1063
require the owner or vendee in possession to present an Ohio	1064
certificate of title, certified copy of the certificate of title,	1065
or memorandum certificate of title to the county treasurer upon	1066
payment of the manufactured home tax that is due.	1067

(E)(1) Upon the application to transfer ownership of a	1068
manufactured or mobile home for which manufactured home taxes are	1069
paid pursuant to division (C) of section 4503.06 of the Revised	1070
Code, the clerk of the court of common pleas shall not issue any	1071
certificate of title that does not contain or have attached both	1072
of the following:	1073

(a) An endorsement of the county treasurer stating that the	1074
home has been registered for each year of ownership and that all	1075
manufactured home taxes imposed pursuant to section 4503.06 of the	1076
Revised Code have been paid or that no tax is due;	1077

(b) An endorsement of the county auditor that the	1078
manufactured home transfer tax imposed pursuant to section 322.06	1079
of the Revised Code and any fees imposed under division (F) of	1080
section 319.54 of the Revised Code have been paid.	1081

(2) If all the taxes have not been paid, the clerk shall	1082
notify the vendee to contact the county treasurer of the county	1083
containing the taxing district in which the home has its situs at	1084
the time of the proposed transfer. The county treasurer shall	1085
then collect all the taxes that are due for the year of the	1086
transfer and all previous years not exceeding a total of five	1087
years. The county treasurer shall distribute that part of the	1088
collection owed to the county treasurer of other counties if the	1089
home had its situs in another county during a particular year when	1090
the unpaid tax became due and payable. The burden to prove the	1091
situs of the home in the years that the taxes were not paid is on	1092
the transferor of the home. Upon payment of suchthe taxes, the	1093
county auditor shall remove all remaining taxes from the	1094
manufactured home tax list and the delinquent manufactured home	1095
tax list, and the county treasurer shall release all liens for	1096
such taxes. The clerk of courts shall issue a certificate of	1097
title, free and clear of all liens for manufactured home taxes, to	1098
the transferee of the home.	1099

(3) Once the transfer is complete and the certificate of	1100
title has been issued, the transferee shall register the	1101
manufactured or mobile home pursuant to division (C) or (D) of	1102
this section with the county auditor of the county containing the	1103
taxing district in which the home remains after the transfer or,	1104
if the home is relocated to another county, with the county	1105
auditor of the county to which the home is relocated. The	1106
transferee need not pay the annual tax for the year of acquisition	1107
if the original owner has already paid the annual tax for that	1108
year.	1109

(F) The county auditor may adopt a permanent registration	1110
system and issue a permanent decal with the first registration as	1111
prescribed by the tax commissioner.	1112

(G) When any manufactured or mobile home required to be	1113
registered by this section is not registered, the county auditor	1114
shall impose a penalty of one hundred dollars upon the owner and	1115
deposit the amount to the credit of the county real estate	1116
assessment fund to be used to pay the costs of administering this	1117
section and section 4503.06 of the Revised Code. If unpaid, the	1118
penalty shall constitute a lien on the home and shall be added by	1119
the county auditor to the manufactured home tax list for	1120
collection.	1121

(H)(1) BeforeExcept as otherwise provided in this division,	1122
before moving a manufactured or mobile home on public roads from	1123
one address within this state to another address within or	1124
outside this state, the owner of the home shall obtain a	1125
relocation notice, as provided by this section, from the auditor	1126
of the county in which the home is located if the home is	1127
currently subject to taxation pursuant to section 4503.06 of the	1128
Revised Code. The auditor shall charge five dollars for the	1129
notice, and deposit the amount to the credit of the county real	1130
estate assessment fund to be used to pay the costs of	1131
administering this section and section 4503.06 of the Revised	1132
Code. The auditor shall not issue a relocation notice unless all	1133
taxes owed on the home under section 4503.06 of the Revised Code	1134
that were first charged to the home during the period of ownership	1135
of the owner seeking the relocation notice have been paid. If the	1136
home is being moved by a new owner of the home or by a party	1137
taking repossession of the home, the auditor shall not issue a	1138
relocation notice unless all of the taxes due for the preceding	1139
five years and for the current year have been paid. A relocation	1140
notice issued by a county auditor is valid until the last day of	1141
December of the year in which it was issued.	1142

If the home is being moved by a sheriff, police officer,	1143
constable, bailiff, or manufactured home park operator, as defined	1144
in section 3733.01 of the Revised Code, or any agent of any of	1145
these persons, for purposes of removal from a manufactured home	1146
park and storage, sale, or destruction under section 1923.14 of	1147
the Revised Code, the auditor shall issue a relocation notice	1148
without requiring payment of any taxes owed on the home under	1149
section 4503.06 of the Revised Code.	1150

(2) If a manufactured or mobile home is not yet subject to	1151
taxation under section 4503.06 of the Revised Code, the owner of	1152
the home shall obtain a relocation notice from the dealer of the	1153
home. Within thirty days after the manufactured or mobile home is	1154
purchased, the dealer of the home shall provide the auditor of the	1155
county in which the home is to be located written notice of the	1156
name of the purchaser of the home, the registration number or	1157
vehicle identification number of the home, and the address or	1158
location to which the home is to be moved. The county auditor	1159
shall provide to each manufactured and mobile home dealer, without	1160
charge, a supply of relocation notices to be distributed to	1161
purchasers pursuant to this section.	1162

(3) The notice shall be in the form of a one-foot square	1163
yellow sign with the words "manufactured home relocation notice"	1164
printed prominently on it. The name of the owner of the home, the	1165
home's registration number or vehicle identification number, the	1166
county and the address or location to which the home is being	1167
moved, and the county in which the notice is issued shall also be	1168
entered on the notice.	1169

(4) The relocation notice must be attached to the rear of	1170
the home when the home is being moved on a public road. Except as	1171
provided in divisiondivisions (H)(1) and (5) of this section, no	1172
person shall drive a motor vehicle moving a manufactured or mobile	1173
home on a public road from one address to another address within	1174
this state unless a relocation notice is attached to the rear of	1175
the home.	1176

(5) If the county auditor determines that a manufactured or	1177
mobile home has been moved without a relocation notice as required	1178
under this division, the auditor shall impose a penalty of one	1179
hundred dollars upon the owner of the home and upon the person who	1180
moved the home and deposit the amount to the credit of the county	1181
real estate assessment fund to pay the costs of administering this	1182
section and section 4503.06 of the Revised Code. If the home was	1183
relocated from one county in this state to another county in this	1184
state and the county auditor of the county to which the home was	1185
relocated imposes the penalty, that county auditor, upon	1186
collection thereofof the penalty, shall cause an amount equal to	1187
the penalty to be transmitted from the county real estate	1188
assessment fund to the county auditor of the county from which the	1189
home was relocated, who shall deposit the amount to the credit of	1190
the county real estate assessment fund. If the penalty on the	1191
owner is unpaid, the penalty shall constitute a lien on the home,	1192
and the auditor shall add the penalty to the manufactured home tax	1193
list for collection. If the county auditor determines that a	1194
dealer that has sold a manufactured or mobile home has failed to	1195
timely provide the information required under this division, the	1196
auditor shall impose a penalty upon the dealer in the amount of	1197
one hundred dollars. The penalty shall be credited to the county	1198
real estate assessment fund and used to pay the costs of	1199
administering this section and section 4503.06 of the Revised	1200
Code.	1201

Sec. 4503.062. (A) Every operator of a manufactured home	1202
court, or manufactured home park, as defined in section 3733.01 of	1203
the Revised Code, or when there is no operator, every owner of	1204
property used for such purposes on which three or more	1205
manufactured or mobile homes are located, shall keep a register of	1206
all manufactured and mobile homes that make use of the court,	1207
park, or property. The register shall contain all of the	1208
following:	1209

(A)(1) The name of the owner and all inhabitants of each	1210
home;	1211

(B)(2) The ages of all inhabitants of each home;

1212

(C)(3) The permanent and temporary post office addresses of	1213
all inhabitants of each home;	1214

(D)(4) The license number of each unithome;

1215

(E)(5) The state issuing each such license;

1216

(F)(6) The date of arrival and of departure of each home.;

1217

(7) The make and model of each home, if known and if either	1218
of the following applies:	1219

(a) The home enters the court, park, or property on or after	1220
January 1, 2003.	1221

(b) Ownership of the home in the court or park, or on the	1222
property, is transferred on or after January 1, 2003.	1223

(B) The register shall be open to inspection by the county	1224
auditor, the county treasurer, agents of the auditor or treasurer,	1225
and all law enforcement agencies at all times.	1226

(C) Any person who fails to comply with this section shall be	1227
fined not less than twenty-five nor more than one hundred dollars.	1228

Sec. 4513.01.  Notwithstanding section 4511.01 of the Revised	1229
Code "motor vehicle" includes manufactured homes and mobile homes	1230
for the purposes of sections 4513.60 to 4513.65 of the Revised	1231
Code, the definitions set forth in section 4511.01 of the Revised	1232
Code apply to this chapter.	1233

Sec. 5321.01.  As used in this chapter:

1234

(A) "Tenant" means a person entitled under a rental	1235
agreement to the use and occupancy of residential premises to the	1236
exclusion of others.	1237

(B) "Landlord" means the owner, lessor, or sublessor of	1238
residential premises, the agent of the owner, lessor, or	1239
sublessor, or any person authorized by the owner, lessor, or	1240
sublessor to manage the premises or to receive rent from a tenant	1241
under a rental agreement.	1242

(C) "Residential premises" means a dwelling unit for	1243
residential use and occupancy and the structure of which it is a	1244
part, the facilities and appurtenances in it, and the grounds,	1245
areas, and facilities for the use of tenants generally or the use	1246
of which is promised the tenant. "Residential premises" includes	1247
a dwelling unit that is owned or operated by a college or	1248
university. "Residential premises" does not include any of the	1249
following:	1250

(1) Prisons, jails, workhouses, and other places of	1251
incarceration or correction, including, but not limited to,	1252
halfway houses or residential arrangements which are used or	1253
occupied as a requirement of probation or parole;	1254

(2) Hospitals and similar institutions with the primary	1255
purpose of providing medical services, and homes licensed pursuant	1256
to Chapter 3721. of the Revised Code;	1257

(3) Tourist homes, hotels, motels, recreational vehicle	1258
parks, recreation camps, combined park-camps, temporary	1259
park-camps, and other similar facilities where circumstances	1260
indicate a transient occupancy;	1261

(4) Elementary and secondary boarding schools, where the	1262
cost of room and board is included as part of the cost of tuition;	1263

(5) Orphanages and similar institutions;

1264

(6) Farm residences furnished in connection with the rental	1265
of land of a minimum of two acres for production of agricultural	1266
products by one or more of the occupants;	1267

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	1268
the Revised Code;	1269

(8) Occupancy by an owner of a condominium unit;

1270

(9) Occupancy in a facility licensed as an SRO facility	1271
pursuant to Chapter 3731. of the Revised Code, if the facility is	1272
owned or operated by an organization that is exempt from taxation	1273
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	1274
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	1275
group of entities in which such an organization has a controlling	1276
interest, and if either of the following applies:	1277

(a) The occupancy is for a period of less than sixty days;

1278

(b) The occupancy is for participation in a program operated	1279
by the facility, or by a public entity or private charitable	1280
organization pursuant to a contract with the facility, to provide	1281
either of the following:	1282

(i) Services licensed, certified, registered, or approved by	1283
a governmental agency or private accrediting organization for the	1284
rehabilitation of mentally ill persons, developmentally disabled	1285
persons, adults or juveniles convicted of criminal offenses, or	1286
persons suffering from substance abuse;	1287

(ii) Shelter for juvenile runaways, victims of domestic	1288
violence, or homeless persons.	1289

(10) Emergency shelters operated by organizations exempt	1290
from federal income taxation under section 501(c)(3) of the	1291
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	1292
as amended, for persons whose circumstances indicate a transient	1293
occupancy, including homeless people, victims of domestic	1294
violence, and juvenile runaways.	1295

(D) "Rental agreement" means any agreement or lease, written	1296
or oral, which establishes or modifies the terms, conditions,	1297
rules, or any other provisions concerning the use and occupancy of	1298
residential premises by one of the parties.	1299

(E) "Security deposit" means any deposit of money or	1300
property to secure performance by the tenant under a rental	1301
agreement.	1302

(F) "Dwelling unit" means a structure or the part of a	1303
structure that is used as a home, residence, or sleeping place by	1304
one person who maintains a household or by two or more persons who	1305
maintain a common household.	1306

(G) "Controlled substance" has the same meaning as in	1307
section 3719.01 of the Revised Code.	1308

(H) "Student tenant" means a person who occupies a dwelling	1309
unit owned or operated by the college or university at which the	1310
person is a student, and who has a rental agreement that is	1311
contingent upon the person's status as a student.	1312

(I) "Recreational vehicle park," "recreation camp," "combined	1313
park-camp," and "temporary park-camp" have the same meanings as in	1314
section 3733.01 of the Revised Code.	1315

Section 2. That existing sections 1923.01, 1923.02, 1923.09,	1316
1923.11, 1923.13, 1923.14, 3733.01, 3733.091, 4503.061, 4503.062,	1317
4513.01, and 5321.01 of the Revised Code are hereby repealed.	1318