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H. B. No. 186 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Foley, Patten
Cosponsors:
Representatives Boyd, Brown, Domenick, Hagan, Heard, Luckie, Okey, Skindell, Stewart, Yuko
A BILL
To amend section 3733.11 of the Revised Code to allow
manufactured and mobile home owners in
manufactured home parks to post for sale signs on
their lots, to allow manufactured and mobile home
tenants and owners in manufactured home parks to
post political signs on their lots, and to revise
the relief a tenant or owner may obtain for a park
operator's violation of certain duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3733.11 of the Revised Code be
amended to read as follows:
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 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 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;
(6) Prohibit the indoor or outdoor display either of a for
sale sign by an owner on that owner's lot, including a sign that
indicates the owner is offering the property for sale by owner, or
of a political sign by a tenant or owner on that tenant's or
owner's lot, if the tenant or owner displaying the sign complies
with all applicable sections of the Revised Code and all
applicable municipal and county ordinances and resolutions
regulating the display of such a sign.
(I)(1) If the park operator violates any provision of
divisions
(A) to (H) of this section, the tenant or owner may
recover commence a civil action against the park operator for
either or both of the following:
(a) The greater of one hundred dollars or the actual
damages
resulting from the violation, and, if the tenant or
owner
obtains
a judgment, reasonable attorneys' fees, or terminate;
(b) Termination of the
rental
agreement.
(2) A court also may award a prevailing tenant or owner
reasonable attorney's fees.
(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 section 3733.11 of the Revised Code
is hereby repealed.
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