Bill Text: AZ HB2688 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Mobile homes; taxes; abandonment; sales
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-22 - Senate minority caucus: Do pass [HB2688 Detail]
Download: Arizona-2019-HB2688-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2688 |
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AN ACT
amending sections 33-1476.04, 33-1478, 42-19107, 42-19151, 42‑19158 and 42-19160, Arizona Revised Statutes; relating to mobile homes.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1476.04, Arizona Revised Statutes, is amended to read:
33-1476.04. Relocations due to rent increase; mobile home relocation fund; applicability
A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met:
1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park.
2. A rent increase will be effective at the expiration or renewal of the tenant's rental agreement.
3. The rent increase either singly or in combination during any consecutive twelve‑month period is more than a total of ten percent plus the current increase in the consumer price index over the most recent one‑year period before the date of the notice of the rent increase. For the purposes of this paragraph, "consumer price index" means the "west‑A" index that is published by the United States department of labor, bureau of labor statistics, and that demonstrates changes in prices in certain cities in the western United States.
4. The property taxes on the mobile home are paid in full.
B. A landlord who increases rent as prescribed by subsection A of this section shall give written notice of the applicability of this section to all affected tenants.
C. A tenant is eligible to receive relocation expenses pursuant to subsection A of this section as follows:
1. At least thirty days before the effective date of the rent increase that exceeds the limits prescribed by subsection A of this section, the tenant shall submit a contract for relocation of the mobile home and a treasurer's clearance letter to the director for approval and to the landlord.
2. Before the effective date of the rent increase, the tenant shall have a fully signed contract with a licensed installer or contractor to move the mobile home to a specific location by a specific date and must have moved the mobile home pursuant to that contract within forty‑five days after the effective date of the rent increase.
3. The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.
4. If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following are complete:
(a) The installer or contractor obtains valid permits to move the mobile or manufactured home to a new the location specified in the contract submitted to the director.
(b) The installer or contractor provides documentation to the department that the installation of the mobile or manufactured home at the new specified location is complete and has been inspected by the department or its designee and is approved for occupancy.
5. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33‑1451, subsection A, paragraph 6 if the tenant relocates.
6. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or seven thousand five hundred dollars $7,500 for a single-section mobile home or twelve thousand five hundred dollars $12,500 for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to a residential location within a one hundred-mile radius of the vacated mobile home park.
D. As an alternative to receiving payment as prescribed in subsection C of this section, a tenant who is eligible to receive payment pursuant to subsection A of this section may abandon the mobile home in the mobile home park and collect an amount equal to one-fourth of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for an abandonment payment pursuant to this subsection, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the Arizona department of housing in support of the tenant's application for payment. If the tenant chooses to abandon the mobile home pursuant to this subsection, the landlord is exempt from making the payments to the fund prescribed in section 33‑1476.01, subsection D.
E. This section does not apply to rent increases that are prescribed in a written rental agreement.
F. This section does not make any rent increase unreasonable.
Sec. 2. Section 33-1478, Arizona Revised Statutes, is amended to read:
33-1478. Remedies for abandonment; required registration
A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon on the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability notify the legal owner or lienholder that the legal owner or lienholder is liable for any costs incumbered encumbered for the mobile home space for such mobile home unit, including rent and utilities due and owing. The landlord shall send this notice by certified mail. However, The landlord shall be is entitled to a maximum of sixty days' rent due prior to Before notice to the lienholder. Any and All costs shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home unit may not be removed from the mobile home space without a signed written agreement from the mobile home park landlord, owner or manager showing that states clearance for removal, showing and that all monies due and owing are paid in full, or an a signed written agreement reached with the legal owner and the landlord.
B. The OWNER or manager of the park shall complete a required standardized registration form shall be filled out by each mobile home space renter, upon mobile home space rental, showing that states the mobile home make, year, serial number and license number if any be is legally required, and also showing if whether the mobile home is paid for, if whether there is a lien on the mobile home, and if so the lienholder, and who is the name of the legal owner of the mobile home unit. The registration cards or forms shall be kept up to date and on file with by the park management as long as the mobile home is on the mobile home space within the park. The park management shall note the removal date on the registration card or form if the mobile home is removed from the park. If the mobile home is moved to a new space within the park, the park management shall note on the registration card or form the new space within the park. If the mobile home is abandoned and sold at a landlord's lien sale the park management shall note on the card or form the sale date, the name of the owner if known and the date of removal if applicable. Notice shall be given to park management within ten days of any changes in a new lien, changes of existing lien or settlement of lien.
Sec. 3. Section 42-19107, Arizona Revised Statutes, is amended to read:
42-19107. Unlawful sale, transfer or removal of personal property; violation; classification
A. It is unlawful for the owner, a lienholder, a conditional vendor or any other person, including a mobile home park owner or owner's agent, to knowingly sell or transfer personal property, enter into a sale or rental agreement if the personal property or mobile home is not titled or registered in the person's name or remove it from its location until the property taxes on the property are paid.
B. A person who violates this section is guilty of a class 1 misdemeanor. Any fine collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
Sec. 4. Section 42-19151, Arizona Revised Statutes, is amended to read:
42-19151. Definition of mobile home
In this article, unless the context otherwise requires, "mobile home":
1. Means a structure that is transportable in one or more sections including the plumbing, heating, air conditioning and electrical systems that are contained in the structure and that, when erected on site, is either of the following:
1. (a) More than eight feet in body width, thirty‑two feet or more in body length and built on a permanent chassis.
2. (b) Regardless of the size, used as a single family dwelling or for commercial purposes with or without a permanent foundation.
2. Includes a manufactured home.
Sec. 5. Section 42-19158, Arizona Revised Statutes, is amended to read:
42-19158. Notice of intent to seize mobile home in possession of person not listed on tax bill; applicability
A. If the sheriff is directed to seize and sell a mobile home that is found to be in the possession of a person who is other than not the person listed on the tax bill issued by the county treasurer, who is the current title owner and who presents evidence of having purchased the mobile home from the person listed on the tax bill after the taxes became delinquent, the sheriff shall not seize the property. Instead, the sheriff shall:
1. Issue a notice of intent to seize the mobile home in five working days.
2. Advise the owner of the application procedure to extend the payment due date as provided in section 42‑19160.
3. Advise the owner of the owner's option to bring an action to collect the amount of the delinquent taxes from the previous owner as provided in section 42-19159.
B. This section does not apply if the county treasurer or sheriff has reason to believe that the mobile home is in danger of being removed from the this state.
Sec. 6. Section 42-19160, Arizona Revised Statutes, is amended to read:
42-19160. Delinquent taxes accruing under previous ownership; applicability
A. If delinquent taxes on a mobile home were levied and became delinquent when the mobile home was the property of a previous owner:
1. The county treasurer, on application and payment of a five dollar $5 fee by the current title owner, shall may extend the due date for paying the taxes for up to one year with no interest and penalty.
2. Any accrued interest or penalty due on the delinquent tax amount and accrued under the previous owner shall may be exempted from payment by the current owner who currently holds title.
B. Delinquent taxes that are extended under this section become due and payable immediately if the mobile home is sold, transferred or to be removed from its location or if the owner of the mobile home applies for monies from the mobile home relocation fund established by section 33‑1476.02.
C. This section does not apply to either of the following:
1. A permanently affixed mobile home that is assessed as real property pursuant to chapter 15, article 5 of this title.
2. A mobile home that was not RETITLED after sale or purchase.
