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To amend sections 4781.40, 5301.072, and 5311.191 and | 1 |
to enact section 5321.131 of the Revised Code to | 2 |
prohibit manufactured homes park operators, | 3 |
condominium associations, neighborhood | 4 |
associations, and landlords from restricting the | 5 |
display of blue star banners, gold star banners, | 6 |
and other service flags, and to prohibit | 7 |
manufactured homes park operators and landlords | 8 |
from restricting the display of the United States | 9 |
flag. | 10 |
Section 1. That sections 4781.40, 5301.072, and 5311.191 be | 11 |
amended and section 5321.131 of the Revised Code be enacted to | 12 |
read as follows: | 13 |
Sec. 4781.40. (A)(1) The park operator shall offer each home | 14 |
owner a written rental agreement for a manufactured home park lot | 15 |
for a term of one year or more that contains terms essentially the | 16 |
same as any alternative month-to-month rental agreement offered to | 17 |
current and prospective tenants and owners. The park operator | 18 |
shall offer the minimum one-year rental agreement to the owner | 19 |
prior to installation of the home in the manufactured home park | 20 |
or, if the home is in the manufactured home park, prior to the | 21 |
expiration of the owner's existing rental agreement. | 22 |
(2) The park operator shall deliver the offer to the owner by | 23 |
certified mail, return receipt requested, or in person. If the | 24 |
park operator delivers the offer to the owner in person, the owner | 25 |
shall complete a return showing receipt of the offer. If the owner | 26 |
does not accept the offer, the park operator is discharged from | 27 |
any obligation to make any further such offers. If the owner | 28 |
accepts the offer, the park operator shall, at the expiration of | 29 |
each successive rental agreement, offer the owner another rental | 30 |
agreement, for a term that is mutually agreed upon, and that | 31 |
contains terms essentially the same as the alternative | 32 |
month-to-month agreement. The park operator shall deliver | 33 |
subsequent rental offers by ordinary mail or personal delivery. If | 34 |
the park operator sells the manufactured home park to another | 35 |
manufactured home park operator, the purchaser is bound by the | 36 |
rental agreements entered into by the purchaser's predecessor. | 37 |
(3) If the park operator sells the manufactured home park for | 38 |
a use other than as a manufactured home park, the park operator | 39 |
shall give each tenant and owner a written notification by | 40 |
certified mail, return receipt requested, or by handing it to the | 41 |
tenant or owner in person. If the park operator delivers the | 42 |
notification in person, the recipient shall complete a return | 43 |
showing receipt of the notification. This notification shall | 44 |
contain notice of the sale of the manufactured home park, and | 45 |
notice of the date by which the tenant or owner shall vacate. The | 46 |
date by which the tenant shall vacate shall be at least one | 47 |
hundred twenty days after receipt of the written notification, and | 48 |
the date by which the owner shall vacate shall be at least one | 49 |
hundred eighty days after receipt of the written notification. | 50 |
(B) A park operator shall fully disclose in writing all fees, | 51 |
charges, assessments, including rental fees, and rules prior to a | 52 |
tenant or owner executing a rental agreement and assuming | 53 |
occupancy in the manufactured home park. No fees, charges, | 54 |
assessments, or rental fees so disclosed may be increased nor | 55 |
rules changed by a park operator without specifying the date of | 56 |
implementation of the changed fees, charges, assessments, rental | 57 |
fees, or rules, which date shall be not less than thirty days | 58 |
after written notice of the change and its effective date to all | 59 |
tenants or owners in the manufactured home park, and no fee, | 60 |
charge, assessment, or rental fee shall be increased during the | 61 |
term of any tenant's or owner's rental agreement. Failure on the | 62 |
part of the park operator to fully disclose all fees, charges, or | 63 |
assessments shall prevent the park operator from collecting the | 64 |
undisclosed fees, charges, or assessments. If a tenant or owner | 65 |
refuses to pay any undisclosed fees, charges, or assessments, the | 66 |
refusal shall not be used by the park operator as a cause for | 67 |
eviction in any court. | 68 |
(C)(1) A park operator shall promulgate rules governing the | 69 |
rental or occupancy of a lot in the manufactured home park. The | 70 |
rules shall not be unreasonable, arbitrary, or capricious. A copy | 71 |
of the rules and any amendments to them shall be delivered by the | 72 |
park operator to the tenant or owner prior to signing the rental | 73 |
agreement. A copy of the rules and any amendments to them shall be | 74 |
posted in a conspicuous place upon the manufactured home park | 75 |
grounds. | 76 |
(2) No park operator shall include any restriction in a | 77 |
rental agreement, or otherwise prohibit on a tenant's or owner's | 78 |
rental property, either of the following: | 79 |
(a) The display of the flag of the United States if the flag | 80 |
is displayed in accordance with any of the following: | 81 |
(i) The patriotic customs set forth in 4 U.S.C.A. 5-10, as | 82 |
amended, governing the display and use of the flag of the United | 83 |
States; | 84 |
(ii) Federal law, state law, or any local ordinance or | 85 |
resolution; | 86 |
(iii) A proclamation of the president of the United States or | 87 |
the governor of the state. | 88 |
(b) The display of a service flag approved by the United | 89 |
States secretary of defense for display in a window of the | 90 |
residence of a member of the immediate family of an individual | 91 |
serving in the armed forces of the United States. A service flag | 92 |
includes a blue star banner, a gold star banner, and any other | 93 |
flag the secretary of defense designates as a service flag. | 94 |
(3) Any violation of this division is against public policy | 95 |
and unenforceable. Any provision of a rental agreement that | 96 |
violates this division is an unconscionable term under section | 97 |
4781.48 of the Revised Code. | 98 |
(D) No park operator shall require an owner to purchase from | 99 |
the park operator any personal property. The park operator may | 100 |
determine by rule the style or quality of skirting, equipment for | 101 |
tying down homes, manufactured or mobile home accessories, or | 102 |
other equipment to be purchased by an owner from a vendor of the | 103 |
owner's choosing, provided that the equipment is readily available | 104 |
to the owner. Any such equipment shall be installed in accordance | 105 |
with the manufactured home park rules. | 106 |
(E) No park operator shall charge any owner who chooses to | 107 |
install an electric or gas appliance in a home an additional fee | 108 |
solely on the basis of the installation, unless the installation | 109 |
is performed by the park operator at the request of the owner, nor | 110 |
shall the park operator restrict the installation, service, or | 111 |
maintenance of the appliance, restrict the ingress or egress of | 112 |
repairpersons to the manufactured home park for the purpose of | 113 |
installation, service, or maintenance of the appliance, nor | 114 |
restrict the making of any interior improvement in a home, if the | 115 |
installation or improvement is in compliance with applicable | 116 |
building codes and other provisions of law and if adequate utility | 117 |
services are available for the installation or improvement. | 118 |
(F) No park operator shall require a tenant to lease or an | 119 |
owner to purchase a manufactured or mobile home from the park | 120 |
operator or any specific person as a condition of or prerequisite | 121 |
to entering into a rental agreement. | 122 |
(G) No park operator shall require an owner to use the | 123 |
services of the park operator or any other specific person for | 124 |
installation of the manufactured or mobile home on the residential | 125 |
premises or for the performance of any service. | 126 |
(H) No park operator shall: | 127 |
(1) Deny any owner the right to sell the owner's manufactured | 128 |
home within the manufactured home park if the owner gives the park | 129 |
operator ten days' notice of the intention to sell the home; | 130 |
(2) Require the owner to remove the home from the | 131 |
manufactured home park solely on the basis of the sale of the | 132 |
home; | 133 |
(3) Unreasonably refuse to enter into a rental agreement with | 134 |
a purchaser of a home located within the operator's manufactured | 135 |
home park; | 136 |
(4) Charge any tenant or owner any fee, charge, or | 137 |
assessment, including a rental fee, that is not set forth in the | 138 |
rental agreement or, if the rental agreement is oral, is not set | 139 |
forth in a written disclosure given to the tenant or owner prior | 140 |
to the tenant or owner entering into a rental agreement; | 141 |
(5) Charge any owner any fee, charge, or assessment because | 142 |
of the transfer of ownership of a home or because a home is moved | 143 |
out of or into the manufactured home park, except a charge for the | 144 |
actual costs and expenses that are incurred by the park operator | 145 |
in moving the home out of or into the manufactured home park, or | 146 |
in installing the home in the manufactured home park and that have | 147 |
not been reimbursed by another tenant or owner. | 148 |
(I) If the park operator violates any provision of divisions | 149 |
(A) to (H) of this section, the tenant or owner may recover actual | 150 |
damages resulting from the violation, and, if the tenant or owner | 151 |
obtains a judgment, reasonable attorneys' fees, or terminate the | 152 |
rental agreement. | 153 |
(J) No rental agreement shall require a tenant or owner to | 154 |
sell, lease, or sublet the tenant's or owner's interest in the | 155 |
rental agreement or the manufactured or mobile home that is or | 156 |
will be located on the lot that is the subject of the rental | 157 |
agreement to any specific person or through any specific person as | 158 |
the person's agent. | 159 |
(K) No park operator shall enter into a rental agreement with | 160 |
the owner of a manufactured or mobile home for the use of | 161 |
residential premises, if the rental agreement requires the owner | 162 |
of the home, as a condition to the owner's renting, occupying, or | 163 |
remaining on the residential premises, to pay the park operator or | 164 |
any other person specified in the rental agreement a fee or any | 165 |
sum of money based on the sale of the home, unless the owner of | 166 |
the home uses the park operator or other person as the owner's | 167 |
agent in the sale of the home. | 168 |
(L) A park operator and a tenant or owner may include in a | 169 |
rental agreement any terms and conditions, including any term | 170 |
relating to rent, the duration of an agreement, and any other | 171 |
provisions governing the rights and obligations of the parties | 172 |
that are not inconsistent with or prohibited by sections | 173 |
4781.36 to | 174 |
of law. | 175 |
(M) Notwithstanding any other provision of the Revised Code, | 176 |
the owner of a manufactured or mobile home may utilize the | 177 |
services of a manufactured housing dealer or broker licensed under | 178 |
Chapter 4781. of the Revised Code or a person properly licensed | 179 |
under Chapter 4735. of the Revised Code to sell or lease the home. | 180 |
Sec. 5301.072. (A) No covenant, condition, or restriction set | 181 |
forth in a deed, and no rule, regulation, bylaw, or other | 182 |
governing document or agreement of a homeowners, neighborhood, | 183 |
civic, or other association, shall prohibit or be construed to | 184 |
prohibit | 185 |
(1) The placement on any property of a flagpole that is to be | 186 |
used for the purpose of displaying | 187 |
188 |
(2) The display on any property of | 189 |
States if the flag is displayed in accordance with any of the | 190 |
following: | 191 |
| 192 |
amended, governing the display and use of the flag of the United | 193 |
States; | 194 |
| 195 |
having lawful control of the property; | 196 |
| 197 |
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 198 |
Session (1998); | 199 |
| 200 |
United States or the governor, section of the Revised Code, or | 201 |
local ordinance or resolution. | 202 |
(3) The display of a service flag approved by the United | 203 |
States secretary of defense for display in a window of the | 204 |
residence of a member of the immediate family of an individual | 205 |
serving in the armed forces of the United States. A service flag | 206 |
includes a blue star banner, a gold star banner, and any other | 207 |
flag the secretary of defense designates as a service flag. | 208 |
(B) A covenant, condition, restriction, rule, regulation, | 209 |
bylaw, governing document, or agreement or a construction of any | 210 |
of these items that violates division (A) of this section is | 211 |
against public policy and unenforceable in any court of this state | 212 |
to the extent it violates that division. | 213 |
Sec. 5311.191. (A) No declaration, bylaw, rule, regulation, | 214 |
or agreement of a condominium property or construction of any of | 215 |
these items by the board of managers of its unit owners | 216 |
association shall prohibit | 217 |
(1) The placement of a flagpole that is to be used for the | 218 |
purpose of displaying, or | 219 |
of the United States on or within the limited common areas and | 220 |
facilities of a unit owner or on the immediately adjacent exterior | 221 |
of the building in which the unit of a unit owner is located, if | 222 |
the flag is displayed in accordance with any of the following: | 223 |
| 224 |
amended, governing the display and use of the flag of the United | 225 |
States; | 226 |
| 227 |
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 228 |
Session (1998); | 229 |
| 230 |
United States or the governor, section of the Revised Code, or | 231 |
local ordinance or resolution. | 232 |
(2) The display of a service flag approved by the United | 233 |
States secretary of defense for display in a window of the | 234 |
residence of a member of the immediate family of an individual | 235 |
serving in the armed forces of the United States. A service flag | 236 |
includes a blue star banner, a gold star banner, and any other | 237 |
flag the secretary of defense designates as a service flag. | 238 |
(B) A declaration, bylaw, rule, regulation, or agreement or | 239 |
the construction of any of these items that violates division (A) | 240 |
of this section is against public policy and unenforceable in any | 241 |
court of this state to the extent it violates that division. | 242 |
Sec. 5321.131. (A) No landlord shall include any restriction | 243 |
in a rental agreement, or otherwise prohibit on a tenant's rental | 244 |
property, either of the following: | 245 |
(1) The display of the flag of the United States if the flag | 246 |
is displayed in accordance with any of the following: | 247 |
(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as | 248 |
amended, governing the display and use of the flag of the United | 249 |
States; | 250 |
(b) Federal law, state law, or any local ordinance or | 251 |
resolution; | 252 |
(c) A proclamation of the president of the United States or | 253 |
the governor of the state. | 254 |
(2) The display of a service flag approved by the United | 255 |
States secretary of defense for display in a window of the | 256 |
residence of a member of the immediate family of an individual | 257 |
serving in the armed forces of the United States. A service flag | 258 |
includes a blue star banner, a gold star banner, and any other | 259 |
flag the secretary of defense designates as a service flag. | 260 |
(B) Any violation of this section is against public policy | 261 |
and unenforceable. Any provision of a rental agreement that | 262 |
violates this section is an unconscionable term under section | 263 |
5321.14 of the Revised Code. | 264 |
Section 2. That existing sections 4781.40, 5301.072, and | 265 |
5311.191 of the Revised Code are hereby repealed. | 266 |