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H. B. No. 56 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives McGregor, J., Seitz, Evans, Fende, Wagoner, Setzer, Combs, Adams, Wolpert, Flowers, Gibbs, Bubp, Distel
A BILL
To amend sections 1923.01, 1923.02, 1923.12, 1923.13, 1923.14, and 3733.11 of the Revised Code to clarify the rights and duties of the parties to an action for a forcible entry and detainer at a manufactured home park.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 1923.01, 1923.02, 1923.12, 1923.13, 1923.14, and 3733.11 of the Revised Code be amended to read as follows:
Sec. 1923.01. (A) As provided in this chapter, any judge
of
a county or municipal court or a court of common pleas, within
the
judge's proper area of jurisdiction, may inquire about persons
who
make unlawful and forcible entry into lands or tenements and
detain them, and about persons who make a lawful and peaceable
entry into lands or tenements and hold them unlawfully and by
force. If, upon
the inquiry, it is found that an unlawful
and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge shall cause the plaintiff
in
an action under this chapter to have restitution of the lands
or
tenements. (B) An action shall be brought under this chapter within
two
years after the cause of action accrues. (C) As used in this chapter: (1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than
premises
located in a manufactured home park, to the exclusion of others. (2) "Landlord" means the owner, lessor, or sublessor of
premises,
or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to
which
the term is applied, "landlord" means a park operator. (3) "Park operator," "manufactured home," "mobile home,"
"manufactured home park,"
and "resident"
have the same meanings as in section 3733.01 of the Revised Code. (4) "Residential premises" has the same meaning as in
section 5321.01 of the Revised Code, except, if required by the
facts of the action to which the term is applied, "residential
premises" has the same meaning as in section 3733.01 of the
Revised Code. (5) "Rental agreement" means any agreement or lease,
written
or oral, that establishes or modifies the terms,
conditions,
rules, or
other provisions concerning the use or
occupancy of
premises by one of the parties to the agreement or
lease, except
that "rental agreement," as used in division
(A)(13) of
section 1923.02 of the Revised Code and where the
context requires
as used in this chapter, means a rental
agreement as defined in
division (D) of section 5322.01 of the
Revised Code. (6) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (7) "School premises" has the same meaning as in section
2925.01 of the Revised Code. (8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
(9) "Recreational vehicle" has and "mobile home" have the same meaning meanings as in section 4501.01 of the Revised Code.
(10) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.
(11) "Personal property" means tangible personal property other than a manufactured home, mobile home, or recreational vehicle that is the subject of an action under this chapter.
Sec. 1923.02. (A) Proceedings under this chapter may be
had
as follows: (1) Against tenants or manufactured home park residents
holding over their terms; (2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section; (3) In sales of real estate, on executions, orders, or
other
judicial process, when the judgment debtor was in
possession at
the time of the rendition of the judgment or
decree, by virtue of
which
the sale was made; (4) In sales by executors, administrators, or guardians,
and
on partition, when any of the parties to the complaint were
in
possession at the commencement of the action, after
the
sales, so made on execution or otherwise, have been examined by
the proper court and adjudged legal; (5) When the defendant is an occupier of lands or
tenements,
without color of title, and the complainant has the
right of
possession to them; (6) In any other case of the unlawful and forcible
detention
of lands or tenements. For purposes of this division,
in addition
to any other type of unlawful and forcible detention
of lands or
tenements, such a detention may be determined to
exist when both
of the following apply: (a) A tenant fails to vacate residential premises within
three days after both of the following occur: (i)
The tenant's landlord has actual knowledge of or has
reasonable
cause to believe that the tenant, any person in the
tenant's
household, or any person on the premises with the consent
of the
tenant previously has or presently is engaged in a
violation of
Chapter 2925. or 3719. of the Revised Code, or of a
municipal
ordinance that is substantially similar to any section
in either
of those chapters, which involves a controlled substance
and
which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in this division if a search warrant was issued
pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised
Code; the
affidavit presented to obtain the warrant named or
described the
tenant or person as the individual to be searched
and particularly
described the tenant's premises as the place to
be searched, named
or described one or more controlled substances
to be searched for
and seized, stated substantially the offense
under Chapter 2925.
or 3719. of the Revised Code or the
substantially similar
municipal ordinance that occurred in, is
occurring in, or
otherwise was or is connected with the tenant's
premises, and
states the factual basis for the affiant's belief
that the
controlled substances are located on the tenant's
premises; the
warrant was properly executed by a law enforcement
officer and any
controlled substance described in the affidavit
was found by that
officer during the search and seizure; and,
subsequent to the
search and seizure, the landlord was informed
by that or another
law enforcement officer of the fact that the
tenant or person has
or presently is engaged in a violation as
described in this
division and it occurred in, is occurring in,
or otherwise was or
is connected with the tenant's premises. (ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code. (b) The court determines, by a preponderance of the
evidence, that the tenant, any person in the tenant's household,
or any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in division (A)(6)(a)(i) of this section. (7) In cases arising out of Chapter 5313. of the Revised
Code. In
those cases, the court has the authority to declare
a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract. (8) Against tenants who have breached an obligation that
is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement
of an action under this division, notice shall be given to the
tenant and compliance secured with section 5321.11 of the Revised
Code. (9) Against tenants who have breached an obligation
imposed
upon them by a written rental agreement; (10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a
rental
agreement with a manufactured home park operator. Nothing in
this division precludes the commencement of an action under
division (A)(12) of this section when the additional circumstances
described in that division apply. (11) Against manufactured home park residents who have
committed two material violations of the rules of the
manufactured
home park, of the public health council, or of
applicable state
and local health and safety codes and who have
been notified of
the violations in compliance with section
3733.13 of the Revised
Code; (12)
Against a manufactured home park resident, or the estate
of a manufactured home park resident, who has been absent from the
manufactured home park for a period of thirty consecutive days
prior to the commencement of an action under this division and
whose manufactured home or mobile home, or recreational vehicle
that is parked in the manufactured home park, has been left
unoccupied for
that thirty-day period, without notice to the park
operator and
without payment of rent due under the rental
agreement with the
park operator; (13) Against occupants of self-service storage facilities,
as
defined in division (A) of section 5322.01 of the Revised
Code,
who have breached the terms of a rental agreement or
violated
section 5322.04 of the Revised Code; (14) Against any resident or occupant who, pursuant to a
rental
agreement, resides in or occupies residential premises located within one thousand feet of any school premises and to
whom both of the
following apply: (a) The resident's or occupant's name appears
on the
state
registry of
sex offenders and child-victim offenders maintained under section
2950.13 of
the Revised
Code. (b) The state registry of sex offenders and child-victim offenders indicates that the
resident or occupant was convicted of or pleaded guilty to either a
sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not
sentenced to a
serious youthful offender dispositional sentence
for that offense. (15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of
any school premises if both of the following apply to the person:
(a) The person's name appears on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that
the person was convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that offense.
(16) Against a manufactured home park resident, or the estate of a manufactured home park resident, who dies during the term of the resident's rental agreement with the park operator. (B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent,
the
tenant or resident
forfeits
the right of occupancy, and the
landlord may, at
the landlord's
option, terminate the tenancy
by notifying the tenant
or resident, as
provided in section
1923.04 of the Revised Code, to leave the
premises, for the
restitution of which an action may then be
brought under this
chapter. (C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located
within one thousand feet of any school premises and is a
resident or occupant of
the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the
landlord for those
residential premises, upon
discovery that the
tenant or other person is a resident,
occupant, or person of that nature, may
terminate the rental
agreement or tenancy for those residential premises by
notifying
the tenant and all other occupants,
as provided in section 1923.04
of the
Revised Code, to leave the
premises. (2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not
so terminate the rental agreement or tenancy, the landlord
is not liable in a
tort or other civil action in damages for
any injury, death, or loss
to person or property that allegedly result
from that decision.
(D) This chapter does not apply to a student tenant as
defined by division
(H) of section 5321.01 of the Revised Code
when the college or university
proceeds to terminate a rental
agreement pursuant to section 5321.031 of the
Revised Code.
Sec. 1923.12. (A) If a resident or a resident's estate has
been evicted from a manufactured home park
pursuant to a judgment
entered under section 1923.09 or 1923.11 of
the Revised Code and
if
the resident
or estate has abandoned or otherwise left
unoccupied
the
resident's manufactured home, mobile home, or
recreational
vehicle
on the residential premises of the
manufactured home park for a period of three days
following
the
entry of the judgment, the operator of the manufactured home park
may provide to the titled owner
of the home
or vehicle a written
notice to remove the home or
vehicle from the
manufactured home
park within fourteen days from the
date of the
delivery of the
notice. The park operator shall deliver or cause the delivery of
the notice by personal
delivery to the owner or by ordinary mail
sent to the
last known
address of the owner. Except as provided
in divisions (D) and (E) of this section, if the owner of the
manufactured home, mobile
home, or
recreational vehicle does not
remove it or cause it to be removed from the manufactured
home
park within fourteen days from the date of the delivery of the
notice, the park operator may follow the procedures of division
(B) of section 1923.13 and division (B) of section 1923.14 of the
Revised Code to
permit the removal of the home or vehicle from the manufactured home
park, and the potential sale, destruction, or transfer of
ownership of the home or vehicle. (B) Every notice provided to the titled owner of a
manufactured home, mobile home, or recreational vehicle under this
section shall contain the following language printed in a
conspicuous manner: "You are being asked to remove your
manufactured home, mobile home, or recreational vehicle from the
residential premises of .........., a manufactured home park, in
accordance with a judgment of eviction entered in .......... court
on .......... against ........... If the manufactured home,
mobile home, or recreational vehicle is not removed from the
manufactured home park within fourteen days from the date of
delivery
of this notice, the home or vehicle may be sold or
destroyed, or
its title may be transferred to .........., pursuant
to division
(B) of both sections 1923.13 and 1923.14 of the
Revised Code. If
you are in doubt regarding your legal rights, it
is recommended
that you seek legal assistance." (C) Before requesting a writ of execution under division (B)
of section 1923.13 of the Revised Code, the park operator shall
conduct or cause to be conducted a search of the appropriate
public records that relate to the manufactured home, mobile home,
or recreational vehicle, and make or cause to be made reasonably
diligent inquiries, for the purpose of identifying any persons who
have an outstanding right, title, or interest in the home or
vehicle. If the search or inquiries reveal any person who has an
outstanding right, title, or interest in the manufactured home,
mobile home, or recreational vehicle, the park operator shall list
the name and last known address of each person with a right,
title, or interest of that nature on its request
for the writ of
execution. The
park operator also shall certify
on the request
that the park operator provided the written
notice required by this
section. The clerk of the municipal court, county court, or court of common pleas may require the park operator to pay an advance deposit sufficient to secure payment of the appraisal of the manufactured home, mobile home, or recreational vehicle and the advertisement of the sale of the home or vehicle. (D) When a deceased resident or a resident's estate has been evicted from a
manufactured home park pursuant to a judgment entered under
section 1923.09 or 1923.11 of the Revised Code, the removal from
the park and potential sale, destruction, or transfer of ownership
of the resident's manufactured home, mobile home, or recreational vehicle and any personal property abandoned on the residential premises shall be conducted in the manner
prescribed by the probate court in which letters testamentary or
of administration have been granted for the estate in accordance
with Title XXI of the Revised Code. The park operator may store
the resident's manufactured home, mobile home, or recreational vehicle at a storage facility or at another
location within the manufactured home park during the
administration of the estate. The park operator shall notify the
executor or administrator of the resident's estate where the manufactured home, mobile home,
or recreational vehicle will be stored during the administration of the estate.
The costs for the removal and storage of the manufactured home, mobile home, or recreational vehicle shall
be a claim against the resident's estate without further
presentation of the claim to the executor or administrator. (E)(1) When the resident who has been evicted from a
manufactured home park pursuant to a judgment entered under
section 1923.09 or 1923.11 of the Revised Code is the titled owner
of a manufactured home, mobile home, or recreational vehicle and
is or becomes deceased prior to the removal of the home or vehicle
from the manufactured home park, and no probate court has granted
letters testamentary or of administration with respect to the
resident's estate, the park operator may store the home or vehicle
at a storage facility or at another location within the
manufactured home park before and after a probate court grants
letters testamentary or of administration with respect to the
resident's estate pursuant to Title XXI of the Revised Code. (2) If no probate court grants letters testamentary or of
administration with respect to the resident's estate within one
year of the date of the eviction of the resident from the
manufactured home park pursuant to a judgment entered under
section 1923.09 or 1923.11 of the Revised Code, the park operator
may follow the procedures of division (B) of section 1923.13 and
division (B) of section 1923.14 of the Revised Code to permit the
removal of the manufactured home, mobile home, or recreational vehicle
from the park and potential sale, destruction, or transfer
of
ownership of the home or vehicle. (3) If a probate court grants letters testamentary or of
administration with respect to the resident's estate within one
year of the date of the eviction of the resident from the park,
the removal of the manufactured home, mobile home, or recreational vehicle from the park and potential sale, destruction, or
transfer of
ownership of the home or vehicle shall be conducted
pursuant to
division (D) of this section.
Sec. 1923.13. (A) When a judgment of restitution is entered
by
a court in an action under this chapter,
unless the plaintiff
or the plaintiff's agent or attorney proceeds under division (B)
of this section, at the request of the
plaintiff or
the
plaintiff's agent or attorney, that court
shall issue a writ
of
execution on the judgment, in the following form, as near as
practicable: "The state of Ohio, ........................ county:
To any
constable or police officer of ...................
township, city,
or village; or To the sheriff of
...............................
county; or
To any
authorized bailiff of the ............ (name
of court): Whereas, in a certain action for the forcible entry and
detention (or the forcible detention, as the case may be), of the
following described premises, to wit: ............, lately tried
before this court, wherein ............... was plaintiff, and
.......... was defendant, .............. judgment was rendered on
the ........ day of ............, ............, that the
plaintiff
have restitution of those premises; and also that
the
plaintiff
recover costs in the sum of .............. You therefore are
hereby commanded to cause the defendant to be forthwith removed
from those premises, and the plaintiff to have restitution of
them; also, that you levy of the goods and chattels of the
defendant, and make the costs previously mentioned and all
accruing costs, and of this writ make legal service and due
return. Witness my hand, this ....... day of .....,
.........
.......................... Judge, .......... (Name of court)"
(B) When a judgment of restitution is entered by a court in
any action under this chapter against a manufactured home park
resident or the
estate of a manufactured home park resident, at
the request of the
plaintiff or the plaintiff's agent or attorney,
that court shall
issue a writ of execution on the judgment, in the
following form,
as near as practicable: "The state of Ohio, .......... county; To any constable or
police officer of .......... township, city, or village; or To the
sheriff of .......... county; or To any authorized bailiff of the
.......... (name of court): Whereas, in a certain action for eviction of a resident or a
resident's estate from the following described residential
premises of a manufactured home park on which the following
described manufactured home, mobile home, or recreational vehicle
is located, to wit: .........., lately tried before this court,
wherein .......... was plaintiff, and .......... was defendant,
.......... judgment was rendered on the .......... day of
.........., .........., that the plaintiff have restitution of the
premises and also that the plaintiff recover costs in the sum of
........... You therefore are hereby authorized to cause the
defendant to be removed from the residential premises, if
necessary. Also, you are to levy of the goods and
chattels of the
defendant, and make the costs previously mentioned
and all
accruing costs, and of this writ make legal service and
due
return. Further, you are authorized to cause the
manufactured
home,
mobile home, or recreational vehicle,
and all personal
property
and vehicles of the defendant on the
residential
premises, to be,
at your option, either (1) removed
from the
manufactured home park
and, if necessary, moved to a
storage
facility of your choice, or
(2) retained at their current
location
on the residential
premises, until they are disposed of
in a
manner authorized by
this writ or the law of this state. If the manufactured home, mobile home, or
recreational
vehicle has been abandoned by the defendant and the
requirements
of section 1923.12 of the Revised Code have been
satisfied, you
are hereby authorized to cause the sale of the home
or vehicle in
accordance with division (B)(3) of section 1923.14
of the Revised
Code. A search of appropriate public records or
other reasonably
diligent inquiries reveals the following persons,
whose last known
addresses are listed next to their names, may
continue to have an
outstanding right, title, or interest in the
home or
vehicle:
.......... If you are unable to sell the manufactured home,
mobile
home, or recreational vehicle due to a
want of bidders,
after it
is offered for sale on two occasions,
you are hereby
commanded to
cause the presentation of this writ to
the clerk of
this court for
the issuance of a certificate of title
transferring
the title of
the home or vehicle to the plaintiff,
free and clear
of all
security interests, liens, and encumbrances,
in accordance
with
division (B)(3) of section 1923.14 of the
Revised Code. If the manufactured home, mobile home, or
recreational
vehicle has been so abandoned and has a value of less
than three
thousand dollars and if the requirements of section
1923.12 of the
Revised Code have been satisfied, you are hereby
authorized either
to cause the sale or destruction of the home or
vehicle, or to
cause the presentation of this writ to the clerk of
this court for
the issuance of a certificate of title transferring
the title of
the home or vehicle to the plaintiff, free and clear
of all
security interests, liens, and encumbrances, in accordance
with
division (B)(4) of section 1923.14 of the Revised Code. Upon
this writ's presentation to the clerk of this court
under the circumstances described in either of the two preceding
paragraphs and in accordance with division (B)(3) or (4) of
section 1923.14 of the Revised Code, as applicable, the clerk is
hereby
commanded to issue a certificate of title transferring the
title of the manufactured home, mobile home, or
recreational
vehicle to the plaintiff, free and clear of
all
security
interests, liens, and encumbrances, in the manner
prescribed in
section 4505.10 of the Revised Code. Witness my hand, this .......... day of ..........,
.......... , .......... Judge, .......... (Name of court)."
Sec. 1923.14. (A) Except as otherwise provided in this
section, within ten days after receiving
a writ of execution
described in
division (A) or (B) of section 1923.13 of the Revised
Code, the sheriff,
police officer, constable, or bailiff shall
execute it by
restoring the plaintiff to the possession of the
premises, and
shall levy and collect the costs and make return, as
upon other
executions. If an appeal from the judgment of
restitution is
filed and if, following the filing of the appeal, a
stay of
execution is obtained and any required bond is filed with
the
court of common pleas, municipal court, or county court, the
judge of that court immediately shall issue
an order to the
sheriff, police officer, constable, or bailiff commanding
the
delay
of all further proceedings upon the execution. If the
premises have been restored to the plaintiff, the sheriff, police
officer, constable, or bailiff shall forthwith place the
defendant
in possession of them, and return the writ with
the
sheriff's,
police officer's, constable's, or bailiff's
proceedings and the
costs taxed
on it.
(B)(1) After a court of
common pleas, municipal court, or
county court issues a writ of execution described in division (B)
of section 1923.13 of the Revised Code, the clerk of the
court
shall send by regular mail, to the last known address of the
titled owner of the manufactured home, mobile home, or
recreational vehicle that is the subject of the writ and to the
last known address of each other
person who is listed on the writ
as having any outstanding right,
title, or interest in the home or
vehicle and to the auditor and treasurer of the county in which the court is located, a written notice that
the home or vehicle potentially may
be sold, destroyed, or have
its title transferred under the
circumstances described in
division (B)(3) or (4) of this section. (2) After Except as otherwise provided in this division, after receiving a writ of
execution described in
division
(B) of section 1923.13 of the
Revised Code, and after
causing the
defendant to be removed from the residential premises
of the
manufactured home park, if necessary, in accordance with
the writ,
the sheriff,
police officer, constable, or bailiff
may
cause the
manufactured home, mobile home, or recreational
vehicle that is
the subject of the writ,
and all personal property and vehicles of
the defendant
on the
residential premises, at the sheriff's,
police officer's,
constable's, or bailiff's option, either to be
removed from the
manufactured home park and, if necessary, moved
to a storage
facility of the sheriff's, police officer's,
constable's, or
bailiff's choice, or to be retained at their
current location on
the residential premises, until they are
claimed by the defendant or
they are disposed of in a manner
authorized by division (B)(3) or,
(4), or (6) of this section or by another
section of the Revised Code. The sheriff, police officer, constable, or bailiff shall not cause the manufactured home, mobile home, or recreational vehicle that is the subject of the writ, or the defendant's personal property, to be removed from the manufactured home park or moved to a storage facility if the holder of any outstanding lien, right, title, or interest in the home or vehicle, other than the titled owner of the home or vehicle, meets the conditions set forth in division (B)(6) of this section. The sheriff, police officer, constable, or bailiff who
removes the manufactured home, mobile home, or recreational
vehicle, or the personal property and vehicles of the defendant,
from the residential premises shall be immune from civil liability
pursuant to section 2744.03 of the Revised Code for any damage
caused to the home, any vehicle, or any personal property during
the removal. The park operator shall not be liable for any damage
caused by the park operator's removal of the manufactured home,
mobile home, or recreational vehicle, or, the removal of the
personal property or vehicles of the defendant, from the
residential premises, or for any damage to the personal property
and vehicles of the defendant during the time the home, vehicle,
or property remains abandoned or stored in the manufactured home
park, unless the damage is the result of acts that the park
operator or the park operator's agents or employees performed with
malicious purpose, in bad faith, or in a wanton or reckless
manner. The reasonable costs for a
removal of the manufactured
home, mobile home, or
recreational vehicle and, as applicable, the
reasonable costs for
its storage shall constitute a lien upon the
home or vehicle
payable
by its titled
owner or
payable
pursuant to
division
(B)(3)
of this section. (3) Except as provided in divisions (B)(4) and, (5), and (6) of this
section,
within sixty days after receiving a writ of execution
described
in
division (B) of section 1923.13 of the Revised Code,
the
sheriff,
police officer, constable, or bailiff shall commence
proceedings
for the sale of the manufactured home, mobile
home, or
recreational vehicle that is the subject of the writ, and the personal property of the defendant on the residential premises, if it the home or vehicle is
determined to be
abandoned in
accordance with the procedures
for
the
sale of goods
on execution
under Chapter 2329. of the
Revised
Code. In addition
to
all
notices required to be given under
section 2329.13 of the
Revised
Code, the sheriff, police officer,
constable, or bailiff
shall
serve at their
respective last known
addresses a written notice of the date, time, and place of the
sale
upon all persons who are listed on the writ of execution as
having
any
outstanding right,
title, or interest in the abandoned
manufactured
home,
mobile
home, or recreational vehicle and the personal property and shall provide written notice to the auditor and the treasurer of the county in which the court issuing the writ is located. Notwithstanding any statutory provision to the
contrary,
including, but not limited to, section 2329.66 of the
Revised
Code, there shall be no stay of execution or exemption
from levy
or sale on execution available to the titled owner of the
abandoned
manufactured home, mobile home, or recreational vehicle
in
relation to a sale under this division.
The sheriff, police
officer, constable, or bailiff shall distribute the proceeds from
the
sale
of an abandoned manufactured home,
mobile home, or
recreational
vehicle under this division in the following manner: (a) The sheriff, police officer, constable, or bailiff shall
first pay the costs for any moving of and any
storage
outside the
manufactured home park of the home or vehicle
pursuant
to division
(B)(2) of this section, the costs of the
sale, including reimbursing the park operator for the fees that the park operator paid to the clerk of court under division (C) of section 1923.12 of the Revised Code, and any
unpaid
court costs assessed against the defendant in
the
underlying
action. (b) Following the payment required by division (B)(3)(a) of
this section, the sheriff, police officer, constable, or bailiff
shall pay all outstanding tax liens on the home or
vehicle. (c) Following the payment required by division (B)(3)(b) of
this section, the sheriff, police officer, constable, or bailiff
shall pay all other outstanding security interests,
liens, or
encumbrances on the home or vehicle by priority of
filing or other
priority. (d) Following the payment required by division (B)(3)(c) of
this section, the sheriff, police officer, constable, or bailiff
shall pay any outstanding monetary judgment rendered
under section
1923.09 or 1923.11 of the Revised Code in favor of
the plaintiff
and any costs associated with retaining the home or
vehicle prior
to the sale at its location on the residential
premises within the
manufactured home park pursuant to division
(B)(2) of this
section. (e)
After complying with divisions (B)(3)(a) to (d)
of
this section, the sheriff, police officer, constable, or bailiff
shall report any remaining money as unclaimed funds pursuant to
Chapter 169. of the Revised Code. Upon the return of any writ of execution for the satisfaction
of which an abandoned manufactured home, mobile home, or
recreational vehicle has been sold under this division, on careful
examination of the proceedings of the sheriff, police officer,
constable, or bailiff conducting the sale, if the court that
issued the writ finds that the sale was made, in all respects, in
conformity with the relevant provisions of Chapter 2329. of the
Revised Code and with this division, it shall direct the clerk of
the court to make an entry on the journal that the court is
satisfied with the legality of the sale and the court shall direct the clerk of the court of common pleas of the county in which the writ was issued to issue a certificate
of title, free and clear of all security interests, liens, and
encumbrances, to the purchaser of the home or vehicle. The clerk of the court of common pleas shall issue the new certificate of title to the purchaser of the home or vehicle regardless of whether the writ was issued by the court of common pleas or another court duly authorized to issue the writ. If the manufactured home, mobile home, or recreational vehicle sold under this division is located in a manufactured home park, the purchaser of the home or vehicle shall have no right to maintain the home or vehicle in the manufactured home park without the park operator's consent and the sheriff, police officer, constable, or bailiff conducting the sale shall notify all prospective purchasers of this fact prior to the commencement of the sale. If, after it is offered for sale on two occasions under this
division, the abandoned manufactured home, mobile home, or
recreational vehicle cannot be sold due to a want of bidders, the
sheriff, police officer, constable, or bailiff shall present the
writ of execution unsatisfied to the clerk of the court that
issued of common pleas of the county in which the writ was issued for the issuance by the clerk in the manner
prescribed in section 4505.10 of the Revised Code of a certificate
of title transferring the title of the home or vehicle to the
plaintiff, free and clear of all security interests, liens, and
encumbrances. The clerk of the court of common pleas shall issue the new certificate of title transferring the title of the manufactured home, mobile home, or recreational vehicle to the plaintiff regardless of whether the writ was issued by the court of common pleas or another court duly authorized to issue the writ. If any taxes are owed on the home or vehicle at this
time, the county auditor shall remove the delinquent taxes from
the manufactured home tax list and the delinquent manufactured
home tax list and remit any penalties for late payment of
manufactured home taxes. Acceptance of the certificate of title
by
the plaintiff terminates all further proceedings under this
section. (4) Except as provided in division (B)(5) or (6) of this section,
within sixty days after receiving a writ of execution
described in
division (B) of section 1923.13 of the Revised Code,
if the
manufactured home, mobile home, or recreational
vehicle is
determined to be abandoned and to have a value of less
than three
thousand dollars, the sheriff, police officer,
constable, or
bailiff shall serve at
their respective last known
addresses a
written notice of potential
action as described in this division
upon all
persons who are
listed on the writ as having any
outstanding right, title, or
interest in the
home or vehicle.
This
notice shall be in
addition to all notices
required to be
given
under section 2329.13
of the Revised Code.
Subject to the
fulfillment of these notice
requirements, the
sheriff, police
officer, constable, or bailiff
shall take one of
the following
actions with respect to the
abandoned manufactured
home, mobile
home, or
recreational vehicle: (a) Cause its destruction if there is no person having an outstanding right,
title, or interest in it the home or vehicle, other than the titled owner of the home or vehicle; (b) Proceed with its sale under division (B)(3) of this
section; (c) If there is no person having an outstanding
right, title, or interest
in
the home or vehicle other than the titled owner of the home or vehicle, or if there is an outstanding right, title, or interest in the home or vehicle and the lienholder consents in writing, present the writ of execution to the
clerk of
the court
that issued of common pleas of the county in which the writ was issued for the issuance by the clerk in
the manner
prescribed in section 4505.10 of the Revised Code of a
certificate
of title transferring the title of the home or vehicle
to the
plaintiff, free and clear of all security
interests, liens,
and
encumbrances. The clerk of the court of common pleas shall issue the new certificate of title transferring the title of the home or vehicle regardless of whether the writ was issued by the court of common pleas or another court duly authorized to issue the writ. If any taxes are owed on the home or
vehicle
at this time, the county auditor shall remove the
delinquent taxes
from the manufactured home tax list and the
delinquent
manufactured home tax list and remit any penalties for
late
payment of manufactured home taxes. Acceptance of the
certificate
of title by the plaintiff terminates all further
proceedings under
this section. (5) At any time prior to the issuance of the writ of
execution described in division (B) of section 1923.13 of the
Revised Code, the titled owner of the manufactured home, mobile
home, or recreational vehicle that would be the subject of the
writ may remove the abandoned home or vehicle from the
manufactured home park or other place of storage upon payment to
the county auditor of all outstanding tax liens on the home or
vehicle and, unless the owner is indigent, payment to the clerk of
court of all unpaid court costs assessed against the defendant in
the underlying action. After the issuance of the writ of
execution, the titled owner of the home or vehicle may remove the
abandoned home or vehicle from the manufactured home park or other
place of storage at any time up to the day before the scheduled
sale, destruction, or transfer of the home or vehicle pursuant to
division (B)(3) or (4) of this section upon payment of all of the
following: (a) All costs for moving and storage of the home or vehicle
pursuant to division (B)(2) of this section and all costs incurred
by the sheriff, police officer, constable, or bailiff up to and
including the date of the removal of the home or vehicle; (b) All outstanding tax liens on the home or vehicle; (c) Unless the owner is indigent, all unpaid court costs
assessed against the defendant in the underlying action. (6) At any time after the issuance of the writ of execution described in division (B) of section 1923.13 of the Revised Code, the holder of any outstanding lien, right, title, or interest in the manufactured home, mobile home, or recreational vehicle, other than the titled owner of the home or vehicle, may stop the sheriff, police officer, constable, or bailiff from proceeding with the sale under this division by doing both of the following:
(a) Commencing a proceeding to repossess the home or vehicle pursuant to Chapters 1309. and 1317. of the Revised Code;
(b) Paying to the park operator all monthly rental payments for the lot on which the home or vehicle is located from the time of the issuance of the writ of execution until the time that the home or vehicle is sold pursuant to Chapters 1309. and 1317. of the Revised Code.
Sec. 3733.11. (A)(1) The park operator shall offer each
home owner a written rental agreement for a
manufactured home park lot for a term of one year or more that
contains terms essentially the same as any alternative
month-to-month rental agreement offered to current and
prospective tenants and owners. The park operator shall offer
the minimum one-year rental agreement to the owner prior to
installation of the home in the manufactured
home park or, if the home is in the
manufactured home park, prior to the expiration of the owner's
existing rental agreement. (2) The park operator shall deliver the offer to the owner
by certified mail, return receipt requested, or in person. If
the park operator delivers the offer to the owner in person, the
owner shall complete a return showing receipt of the offer. If
the owner does not accept the offer, the park operator is
discharged from any obligation to make any further such offers.
If the owner accepts the offer, the park operator shall, at the
expiration of each successive rental agreement, offer the owner
another rental agreement, for a term that is mutually agreed
upon, and that contains terms essentially the same as the
alternative month-to-month agreement. The park operator shall
deliver subsequent rental offers in the same manner as the first
rental offer by ordinary mail or personal delivery. If the park operator sells the manufactured home
park to another manufactured home park operator, the purchaser is
bound by the rental agreements entered into by his the
purchaser's predecessor. (3) If the park operator sells the manufactured home park
for a use other than as a manufactured home park, the park
operator shall give each tenant and owner a written notification
by certified mail, return receipt requested, or by handing it to
the tenant or owner in person. If the park operator delivers the
notification in person, the recipient shall complete a return
showing receipt of the notification. This notification shall
contain notice of the sale of the manufactured home park, and
notice of the date by which the tenant or owner shall vacate.
The date by which the tenant shall vacate shall be at least one
hundred twenty days after receipt of the written notification,
and the date by which the owner shall vacate shall be at least
one hundred eighty days after receipt of the written
notification. (B) A park operator shall fully disclose in writing all
fees, charges, assessments, including rental fees, and rules
prior to a tenant or owner executing a rental agreement and assuming
occupancy in the manufactured home park. No fees, charges,
assessments, or rental fees so disclosed may be increased nor
rules changed by a park operator without specifying the date of
implementation of the changed fees, charges, assessments, rental
fees, or rules, which date shall be not less than thirty days
after written notice of the change and its effective date to all
tenants or owners in the manufactured home park, and no fee,
charge, assessment, or rental fee shall be increased during the
term of any tenant's or owner's rental agreement. Failure on the
part of the park operator to fully disclose all fees, charges, or
assessments shall prevent the park operator from collecting the
undisclosed fees, charges, or assessments. If a tenant or owner
refuses to pay any undisclosed fees, charges, or assessments, the
refusal shall not be used by the park operator as a cause for
eviction in any court. (C) A park operator shall promulgate rules governing the
rental or occupancy of a lot in the manufactured home park. The
rules shall not be unreasonable, arbitrary, or capricious. A copy of the
rules and any amendments to them shall be delivered by the park
operator to the tenant or owner prior to signing the rental
agreement. A copy of the rules and any amendments to them shall
be posted in a conspicuous place upon the manufactured home park
grounds. (D) No park operator shall require an owner to purchase
from the park operator any personal property. The park operator
may determine by rule the style or quality of skirting, equipment
for tying down homes, manufactured or mobile home
accessories,
or other equipment to be purchased by an owner from a vendor of
the owner's choosing, provided that the equipment is readily
available to the owner. Any such equipment shall be installed in
accordance with the manufactured home park rules. (E) No park operator shall charge any owner who chooses to
install an electric or gas appliance in a home an
additional fee solely on the basis of the installation, unless
the installation is performed by the park operator at the request
of the owner, nor shall the park operator restrict the
installation, service, or maintenance of the appliance, restrict
the ingress or egress of repairpersons to the
manufactured home park
for the purpose of installation, service, or maintenance of the
appliance, nor restrict the making of any interior improvement in
a home, if the installation or improvement is in
compliance with applicable building codes and other provisions of
law and if adequate utility services are available for the
installation or improvement. (F) No park operator shall require a tenant to lease or an
owner to purchase a manufactured or mobile home from the park operator or
any specific person as a condition of or prerequisite to entering
into a rental agreement. (G) No park operator shall require an owner to use the
services of the park operator or any other specific person for
installation of the manufactured or mobile home on the residential premises or
for the performance of any service. (H) No park operator shall: (1) Deny any owner the right to sell the owner's
manufactured home
within the manufactured home park if the owner gives the park
operator ten days' notice of the intention to sell
the home; (2) Require the owner to remove the home from
the manufactured home park solely on the basis of the sale of the
home; (3) Unreasonably refuse to enter into a rental agreement
with a purchaser of a home located within the operator's
manufactured home park; (4) Charge any tenant or owner any fee, charge, or
assessment, including a rental fee, that is not set forth in the
rental agreement or, if the rental agreement is oral, is not set
forth in a written disclosure given to the tenant or owner prior
to the tenant or owner entering into a rental agreement; (5) Charge any owner any fee, charge, or assessment
because of the transfer of ownership of a home or
because a home is moved out of or into the
manufactured home park, except a charge for the actual costs and
expenses that are incurred by the park operator in moving the
home out of or into the manufactured home park, or
in installing the home in the manufactured home park
and that have not been reimbursed by another tenant or owner. (I) If the park operator violates any provision of
divisions (A) to (H) of this section, the tenant or owner may
recover actual damages resulting from the violation, and, if the tenant or
owner obtains a judgment, reasonable attorneys' fees, or terminate the rental
agreement. (J) No rental agreement shall require a tenant or owner to
sell, lease, or sublet the tenant's or owner's interest in
the rental agreement or
the manufactured or mobile home that is or will be located on the lot that
is the subject of the rental agreement to any specific person or
through any specific person as the person's agent. (K) No park operator shall enter into a rental agreement
with the owner of a manufactured or mobile home for the use of residential
premises, if the rental agreement requires the owner of the
home, as a condition to the owner's renting, occupying, or
remaining on the residential premises, to pay the park operator
or any other person specified in the rental agreement a fee or
any sum of money based on the sale of the home,
unless the owner of the home uses the
park operator or other person as the owner's agent in the
sale of the
home. (L) A park operator and a tenant or owner may include in a
rental agreement any terms and conditions, including any term
relating to rent, the duration of an agreement, and any other
provisions governing the rights and obligations of the parties
that are not inconsistent with or prohibited by sections 3733.09
to 3733.20 of the Revised Code or any other rule of law. (M) Notwithstanding any other provision of the Revised
Code, the owner of a manufactured or mobile home that was previously titled
by a dealer may utilize the services of a manufactured home
dealer licensed under Chapter 4517. of the Revised Code or a
person properly licensed under Chapter 4735. of the Revised Code
to sell or lease the home.
Section 2. That existing sections 1923.01, 1923.02, 1923.12, 1923.13, 1923.14, and 3733.11 of the Revised Code are hereby repealed.
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