H.B. 186
128th General Assembly
(As Introduced)
Reps. Foley and Patten, Boyd, Brown, Domenick, Hagan, Heard, Luckie, Okey, Skindell, Stewart, Yuko
BILL SUMMARY
· Prohibits a park operator from prohibiting an owner of a unit in a manufactured home park from displaying a for sale sign on that owner's lot.
· Prohibits a park operator from prohibiting an owner or a tenant from displaying a political sign on that owner's or tenant's lot.
· Alters the method and type of relief a tenant or owner may obtain from a park operator's violation of certain duties.
CONTENT AND OPERATION
The operation of a manufactured home park in Ohio is regulated by Chapter 3733. of the Revised Code, which creates certain rights and obligations of operators and residents/owners. Furthermore, under current law, park operators are prohibited from certain specified actions such as denying an owner the right to sell the owner's manufactured home within the park.
The bill prohibits park operators from doing either of the following:
(1) Prohibiting the indoor or outdoor display 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;
(2) Prohibiting the indoor or outdoor display 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.
Under current law, if a park operator violates certain provisions of the law governing manufactured home parks, the tenant or owner may recover actual damages resulting from the violation, and if the tenant or owner obtains a judgment, reasonable attorney's fees, or terminate the rental agreement. The bill revises this law to permit a tenant or owner to commence a civil action against the park operator for either or both of the following:
(1) The greater of $100 or the actual damages resulting from the violation;
(2) Termination of the rental agreement.
Under the bill, a tenant or owner who prevails in an action still may be awarded reasonable attorney's fees.
HISTORY
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ACTION |
DATE |
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Introduced |
05-19-09 |
h0186-i-128.docx/kl