| Sec. 3733.11. (A)(1) The park operator shall offer each
home | 11 |
|
owner a written rental agreement for a
manufactured home park lot | 12 |
|
for a term of one year or more that
contains terms essentially the | 13 |
|
same as any alternative
month-to-month rental agreement offered to | 14 |
|
current and
prospective tenants and owners. The park operator | 15 |
|
shall offer
the minimum one-year rental agreement to the owner | 16 |
|
prior to
installation of the home in the manufactured
home park | 17 |
|
or, if the home is in the
manufactured home park, prior to the | 18 |
|
expiration of the owner's
existing rental agreement. | 19 |
| (2) The park operator shall deliver the offer to the owner
by | 20 |
|
certified mail, return receipt requested, or in person. If
the | 21 |
|
park operator delivers the offer to the owner in person, the
owner | 22 |
|
shall complete a return showing receipt of the offer. If
the owner | 23 |
|
does not accept the offer, the park operator is
discharged from | 24 |
|
any obligation to make any further such offers.
If the owner | 25 |
|
accepts the offer, the park operator shall, at the
expiration of | 26 |
|
each successive rental agreement, offer the owner
another rental | 27 |
|
agreement, for a term that is mutually agreed
upon, and that | 28 |
|
contains terms essentially the same as the
alternative | 29 |
|
month-to-month agreement. The park operator shall
deliver | 30 |
|
subsequent rental offers by ordinary mail or personal delivery. If | 31 |
|
the park operator
sells the manufactured home
park to another | 32 |
|
manufactured home park
operator, the purchaser is
bound by the | 33 |
|
rental agreements entered
into by the
purchaser's predecessor. | 34 |
| (3) If the park operator sells the manufactured home park
for | 35 |
|
a use other than as a manufactured home park, the park
operator | 36 |
|
shall give each tenant and owner a written notification
by | 37 |
|
certified mail, return receipt requested, or by handing it to
the | 38 |
|
tenant or owner in person. If the park operator delivers the | 39 |
|
notification in person, the recipient shall complete a return | 40 |
|
showing receipt of the notification. This notification shall | 41 |
|
contain notice of the sale of the manufactured home park, and | 42 |
|
notice of the date by which the tenant or owner shall vacate.
The | 43 |
|
date by which the tenant shall vacate shall be at least one | 44 |
|
hundred twenty days after receipt of the written notification,
and | 45 |
|
the date by which the owner shall vacate shall be at least
one | 46 |
|
hundred eighty days after receipt of the written
notification. | 47 |
| (B) A park operator shall fully disclose in writing all
fees, | 48 |
|
charges, assessments, including rental fees, and rules
prior to a | 49 |
|
tenant or owner executing a rental agreement and assuming | 50 |
|
occupancy in the manufactured home park. No fees, charges, | 51 |
|
assessments, or rental fees so disclosed may be increased nor | 52 |
|
rules changed by a park operator without specifying the date of | 53 |
|
implementation of the changed fees, charges, assessments, rental | 54 |
|
fees, or rules, which date shall be not less than thirty days | 55 |
|
after written notice of the change and its effective date to all | 56 |
|
tenants or owners in the manufactured home park, and no fee, | 57 |
|
charge, assessment, or rental fee shall be increased during the | 58 |
|
term of any tenant's or owner's rental agreement. Failure on the | 59 |
|
part of the park operator to fully disclose all fees, charges, or | 60 |
|
assessments shall prevent the park operator from collecting the | 61 |
|
undisclosed fees, charges, or assessments. If a tenant or owner | 62 |
|
refuses to pay any undisclosed fees, charges, or assessments, the | 63 |
|
refusal shall not be used by the park operator as a cause for | 64 |
|
eviction in any court. | 65 |
| (C) A park operator shall promulgate rules governing the | 66 |
|
rental or occupancy of a lot in the manufactured home park. The | 67 |
|
rules shall not be unreasonable, arbitrary, or capricious. A copy | 68 |
|
of the
rules and any amendments to them shall be delivered by the | 69 |
|
park
operator to the tenant or owner prior to signing the rental | 70 |
|
agreement. A copy of the rules and any amendments to them shall
be | 71 |
|
posted in a conspicuous place upon the manufactured home park | 72 |
|
grounds. | 73 |
| (D) No park operator shall require an owner to purchase
from | 74 |
|
the park operator any personal property. The park operator
may | 75 |
|
determine by rule the style or quality of skirting, equipment
for | 76 |
|
tying down homes, manufactured or mobile home
accessories,
or | 77 |
|
other equipment to be purchased by an owner from a vendor of
the | 78 |
|
owner's choosing, provided that the equipment is readily
available | 79 |
|
to the owner. Any such equipment shall be installed in
accordance | 80 |
|
with the manufactured home park rules. | 81 |
| (E) No park operator shall charge any owner who chooses to | 82 |
|
install an electric or gas appliance in a home an
additional fee | 83 |
|
solely on the basis of the installation, unless
the installation | 84 |
|
is performed by the park operator at the request
of the owner, nor | 85 |
|
shall the park operator restrict the
installation, service, or | 86 |
|
maintenance of the appliance, restrict
the ingress or egress of | 87 |
|
repairpersons to the
manufactured home park
for the purpose of | 88 |
|
installation, service, or maintenance of the
appliance, nor | 89 |
|
restrict the making of any interior improvement in
a home, if the | 90 |
|
installation or improvement is in
compliance with applicable | 91 |
|
building codes and other provisions of
law and if adequate utility | 92 |
|
services are available for the
installation or improvement. | 93 |
| (5) Charge any owner any fee, charge, or assessment
because | 117 |
|
of the transfer of ownership of a home or
because a home is moved | 118 |
|
out of or into the
manufactured home park, except a charge for the | 119 |
|
actual costs and
expenses that are incurred by the park operator | 120 |
|
in moving the
home out of or into the manufactured home park, or | 121 |
|
in installing the home in the manufactured home park
and that have | 122 |
|
not been reimbursed by another tenant or owner; | 123 |
| (6) Prohibit the indoor or outdoor display either of a for | 124 |
|
sale sign by an owner on that owner's lot, including a sign that | 125 |
|
indicates the owner is offering the property for sale by owner, or | 126 |
|
of a political sign by a tenant or owner on that tenant's or | 127 |
|
owner's lot, if the tenant or owner displaying the sign complies | 128 |
|
with all applicable sections of the Revised Code and all | 129 |
|
applicable municipal and county ordinances and resolutions | 130 |
|
regulating the display of such a sign. | 131 |
| (K) No park operator shall enter into a rental agreement
with | 148 |
|
the owner of a manufactured or mobile home for the use of | 149 |
|
residential
premises, if the rental agreement requires the owner | 150 |
|
of the
home, as a condition to the owner's renting, occupying, or | 151 |
|
remaining on the residential premises, to pay the park operator
or | 152 |
|
any other person specified in the rental agreement a fee or
any | 153 |
|
sum of money based on the sale of the home,
unless the owner of | 154 |
|
the home uses the
park operator or other person as the owner's | 155 |
|
agent in the
sale of the
home. | 156 |