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| PRIOR PRINTER'S NO. 1288 | PRINTER'S NO. 2691 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARPER, M.K. KELLER AND SWANGER, MARCH 23, 2011 |
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| AS AMENDED, COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, NOVEMBER 2, 2011 |
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| AN ACT |
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1 | Amending the act of November 24, 1976 (P.L.1176, No.261), |
2 | entitled, as amended, "An act providing for the rights and |
3 | duties of manufactured home owners or operators and |
4 | manufactured home lessees," further providing for |
5 | definitions, for written leases and for disclosure of fees; | <-- |
6 | and making editorial changes. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 6(e) of the act of November 24, 1976 | <-- |
10 | (P.L.1176, No.261), known as the Manufactured Home Community |
11 | Rights Act, amended October 19, 2010 (P.L.546, No.80), is |
12 | amended to read: |
13 | Section 6. Disclosure of Fees.--* * * |
14 | (e) All new leases, lease extensions and lease renewals[, |
15 | which are for more than a 60-day period,] shall contain the |
16 | following full disclosures: |
17 | (1) The manner in which utility and other services, |
18 | including, but not limited to, sewage and waste disposal, cable |
19 | television, water supply and storm drainage, will be provided, |
20 | and the entity providing them. The services and the lot rental |
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1 | amount or user fees charged by the manufactured home community |
2 | owner for the services provided by the manufactured home |
3 | community owner shall also be disclosed. |
4 | (2) An explanation of the manner in which the manufactured |
5 | home space rental amount will be increased, including, but not |
6 | limited to, notification to the manufactured home lessee at |
7 | least 60 days in advance of the increase. |
8 | (3) Disclosure of any factors that may affect the lot rental |
9 | amount, including, but not limited to these factors: |
10 | (i) Water rates. |
11 | (ii) Sewer rates. |
12 | (iii) Waste disposal rates. |
13 | (iv) Maintenance costs, including costs of deferred |
14 | maintenance. |
15 | (v) Management costs. |
16 | (vi) Property taxes. |
17 | (vii) Major repairs or improvements. |
18 | (viii) Any other fees, costs, assessments or service charges |
19 | that the manufactured home lessee is required to pay or that the |
20 | manufactured home owner or operator intends to charge during the |
21 | terms of the lease or rental agreement. |
22 | (4) Disclosure of the manner in which the pass-through |
23 | charges will be assessed. |
24 | (5) A report of the utility fees charged for the |
25 | manufactured home space paid to the community owner by a prior |
26 | lessee during the previous 12 months. |
27 | (6) Disclosure of all service charges currently charged for |
28 | services offered which the manufactured home lessee may elect to |
29 | incur and the manner in which the fees will be increased. |
30 | (7) Any manufactured home community rules and regulations |
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1 | that have been established and an explanation of the manner in |
2 | which the rules and regulations will be set, changed or |
3 | promulgated. |
4 | (8) The rent history of the manufactured home space for the |
5 | three full calendar years immediately preceding the prospective |
6 | initial rental agreement date. This information shall be for |
7 | basic manufactured home space rental only and does not apply to |
8 | other fees such as late charges and guest fees. Additionally, |
9 | the calculation of rent history shall be posted in the public |
10 | portion of the manufactured home community's rental office or |
11 | other conspicuous and readily accessible place and in the same |
12 | place as any rules and regulations that have been established |
13 | for the manufactured home community are posted. |
14 | (9) Citations or other documents from Federal, State or |
15 | local governmental agencies which require the manufactured home |
16 | community owner to take corrective action, including citations |
17 | from the Department of Environmental Protection regarding water |
18 | and sewage. Such information shall also be posted within the |
19 | community in the same place as manufactured home community rules |
20 | and regulations are displayed until the corrective action has |
21 | been completed. |
22 | Section 2. This act shall take effect in 60 days. |
23 | Section 1. Section 2 of the act of November 24, 1976 | <-- |
24 | (P.L.1176, No.261), known as the Manufactured Home Community |
25 | Rights Act, is amended by adding a definition to read: |
26 | Section 2. Definitions.--As used in this act: |
27 | * * * |
28 | "Prospective lessee." A person who is considering tenancy in |
29 | a manufactured home community and who has not entered into a |
30 | previous lease agreement with the manufactured home community |
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1 | for the manufactured home space under current consideration. |
2 | * * * |
3 | Section 2. Section 4.1 of the act, added October 19, 2010 |
4 | (P.L.546, No.80), is amended to read: |
5 | Section 4.1 Written Lease.--(a) Every lease for a |
6 | manufactured home space shall be in writing and shall be for a |
7 | duration term of one month, unless a longer period is mutually |
8 | agreed upon by both the lessee and manufactured home community |
9 | owner, and shall be renewable. |
10 | (b) Rents for a mobile home site, commonly known as ground |
11 | rents, and community rules and regulations under section 4 shall |
12 | not change more than once in a 12-month period. |
13 | (c) For each lease period [over 60 days] prior to the |
14 | expiration of the term of a manufactured home community lease, |
15 | the manufactured home community owner shall offer the lessee a |
16 | renewal lease for the same term and with the same provisions as |
17 | the original agreement, unless the manufactured home community |
18 | owner notifies the lessee in writing of any changes, at least 60 |
19 | days prior to the expiration of the lease or, for a lease with a |
20 | duration term of one month that is to be renewed, at least 60 |
21 | days prior to the effective date of the changes. |
22 | (d) A provision in a lease which accords a manufactured home |
23 | community owner a right of first refusal upon the sale of a |
24 | manufactured home is void. |
25 | Section 3. Section 6 of the act, amended October 19, 2010 |
26 | (P.L.546, No.80), is repealed: |
27 | [Section 6. Disclosure of Fees.--(a) All rent, fees, |
28 | service charges and assessments payable to the community owner |
29 | and utility charges for water, sewer, trash, Internet, cable, |
30 | electricity and fuel charges payable to the owner and notice of |
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1 | any other utility charges for which the lessee may be |
2 | responsible shall be fully disclosed in writing to a prospective |
3 | manufactured home lessee prior to the manufactured home |
4 | community owner or operator's acceptance of any initial deposit, |
5 | fee or rent and prior to execution of the manufactured home |
6 | space lease. For current manufactured home residents, the |
7 | manufactured home community owner or operator shall fully |
8 | disclose all rent, fees, service charges and assessments payable |
9 | to the community owner and utility charges for water, sewer, |
10 | trash, cable, electricity and fuel charges payable to others in |
11 | writing prior to the execution of a mandatory lease of at least |
12 | one month in duration. |
13 | (b) The manufactured home community owner may require that |
14 | the prospective lessee or current lessee sign a receipt |
15 | indicating receipt of a copy of the required disclosure and the |
16 | manufactured home community rules and regulations so long as |
17 | these documents are clearly identified in the receipt itself. |
18 | The receipt shall indicate nothing more than that the documents |
19 | identified in the receipt have been received by the lessee. |
20 | (c) Failure to disclose such rent, fees, service charges and |
21 | assessments shall render them void and unenforceable in the |
22 | courts of the Commonwealth. Increases in such rent, fees, |
23 | service charges and assessments payable to the owner shall be |
24 | unenforceable until 30 days after notice thereof has been posted |
25 | in the public portion of the community office or other |
26 | conspicuous and readily accessible place in the manufactured |
27 | home community and mailed to the manufactured home lessee. |
28 | However, rent shall not be increased during the term of the |
29 | lease. |
30 | (d) The written disclosure shall contain a cover sheet with |
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1 | the following statement in 12-point, sans-serif type, except the |
2 | term "five days" in the final paragraph of the notice shall |
3 | appear in 16-point, sans-serif, bold type. |
4 | This document contains important information regarding your |
5 | legal rights and your financial obligations in leasing or |
6 | renewing or signing a new lease for a manufactured home |
7 | space. Make sure that you read the entire document and seek |
8 | legal advice if you have any questions regarding the |
9 | information stated in this document. |
10 | The statements contained in this disclosure are only summary |
11 | in nature. A prospective lessee should refer to all |
12 | references, including all lease or rental agreement documents |
13 | as well as any rules and regulations that have been |
14 | established for the manufactured home community. Oral |
15 | representations should not be relied on as correctly stating |
16 | the representations of the manufactured home community owner |
17 | or operator. Instead, you should refer to the lease or rental |
18 | agreement and required disclosure documents for correct |
19 | representations. You should also refer to the act of November |
20 | 24, 1976 (P.L.1176, No.261), known as the Manufactured Home |
21 | Community Rights Act, to become familiar with your |
22 | obligations and rights as a manufactured home resident. |
23 | You have five calendar days from the date you received this |
24 | documentation to cancel your agreement in writing to the |
25 | manufactured home community owner or operator. |
26 | (e) All new leases, lease extensions and lease renewals, |
27 | which are for more than a 60-day period, shall contain the |
28 | following full disclosures: |
29 | (1) The manner in which utility and other services, |
30 | including, but not limited to, sewage and waste disposal, cable |
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1 | television, water supply and storm drainage, will be provided, |
2 | and the entity providing them. The services and the lot rental |
3 | amount or user fees charged by the manufactured home community |
4 | owner for the services provided by the manufactured home |
5 | community owner shall also be disclosed. |
6 | (2) An explanation of the manner in which the manufactured |
7 | home space rental amount will be increased, including, but not |
8 | limited to, notification to the manufactured home lessee at |
9 | least 60 days in advance of the increase. |
10 | (3) Disclosure of any factors that may affect the lot rental |
11 | amount, including, but not limited to these factors: |
12 | (i) Water rates. |
13 | (ii) Sewer rates. |
14 | (iii) Waste disposal rates. |
15 | (iv) Maintenance costs, including costs of deferred |
16 | maintenance. |
17 | (v) Management costs. |
18 | (vi) Property taxes. |
19 | (vii) Major repairs or improvements. |
20 | (viii) Any other fees, costs, assessments or service charges |
21 | that the manufactured home lessee is required to pay or that the |
22 | manufactured home owner or operator intends to charge during the |
23 | terms of the lease or rental agreement. |
24 | (4) Disclosure of the manner in which the pass-through |
25 | charges will be assessed. |
26 | (5) A report of the utility fees charged for the |
27 | manufactured home space paid to the community owner by a prior |
28 | lessee during the previous 12 months. |
29 | (6) Disclosure of all service charges currently charged for |
30 | services offered which the manufactured home lessee may elect to |
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1 | incur and the manner in which the fees will be increased. |
2 | (7) Any manufactured home community rules and regulations |
3 | that have been established and an explanation of the manner in |
4 | which the rules and regulations will be set, changed or |
5 | promulgated. |
6 | (8) The rent history of the manufactured home space for the |
7 | three full calendar years immediately preceding the prospective |
8 | initial rental agreement date. This information shall be for |
9 | basic manufactured home space rental only and does not apply to |
10 | other fees such as late charges and guest fees. Additionally, |
11 | the calculation of rent history shall be posted in the public |
12 | portion of the manufactured home community's rental office or |
13 | other conspicuous and readily accessible place and in the same |
14 | place as any rules and regulations that have been established |
15 | for the manufactured home community are posted. |
16 | (9) Citations or other documents from Federal, State or |
17 | local governmental agencies which require the manufactured home |
18 | community owner to take corrective action, including citations |
19 | from the Department of Environmental Protection regarding water |
20 | and sewage. Such information shall also be posted within the |
21 | community in the same place as manufactured home community rules |
22 | and regulations are displayed until the corrective action has |
23 | been completed.] |
24 | Section 4. The act is amended by adding a section to read: |
25 | Section 6.1. Disclosure of Fees.--(a) (1) All rent, fees, |
26 | service charges and assessments, utility charges for water, |
27 | sewer, trash, Internet, cable, electricity and fuel and notice |
28 | of any other charges for which the lessee may be responsible |
29 | shall be fully disclosed in writing to a prospective |
30 | manufactured home lessee prior to the manufactured home |
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1 | community owner's or operator's acceptance of any initial |
2 | deposit, fee or rent and before execution of the manufactured |
3 | home space lease. |
4 | (2) All leases for prospective lessees shall contain the |
5 | following full disclosures: |
6 | (i) The manner in which all fees and charges enumerated in |
7 | paragraph (1) and all other services, including, but not limited |
8 | to, sewage and waste disposal, water supply and storm drainage, |
9 | will be provided and the identity of the entity providing them. |
10 | (ii) An explanation of the manner in which the manufactured |
11 | home space rental amount will be increased, including, but not |
12 | limited to, notification to the manufactured home lessee at |
13 | least 60 days in advance of the increase. |
14 | (iii) A report of the utility fees charged for the |
15 | manufactured home space during the previous 12 months. |
16 | (iv) Disclosure of all charges currently assessed for |
17 | services that the manufactured home lessee may elect to incur |
18 | and the manner in which the community owner will increase these |
19 | fees. |
20 | (v) The rent history of the manufactured home space for the |
21 | three full calendar years immediately preceding the prospective |
22 | rental agreement date. This information shall be for basic |
23 | manufactured home space rental only and does not apply to other |
24 | fees such as late charges and guest fees. |
25 | (vi) Community rules and regulations and an explanation of |
26 | the manner in which the rules and regulations will be set, |
27 | changed or promulgated. |
28 | (vii) Citations or other documents from Federal, State or |
29 | local governmental agencies which require the manufactured home |
30 | community owner to take corrective action, including citations |
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1 | from the Department of Environmental Protection regarding water |
2 | and sewage. Until the manufactured home community owner takes |
3 | corrective action and such action is approved by the agency that |
4 | issued the citation, such information shall also be posted |
5 | within the community in the same place as manufactured home |
6 | community rules and regulations are displayed. |
7 | (b) Regarding all proposed lease extensions or renewals for |
8 | current manufactured home community residents, the manufactured |
9 | home community owner or operator shall fully disclose in writing |
10 | 14 days before expiration of the current lease all changes that |
11 | occurred with fees, charges, assessments and information |
12 | enumerated in subsection (a)(2) and all proposed changes |
13 | regarding fees, charges, assessments and information enumerated |
14 | in subsection (a)(2). |
15 | (c) The manufactured home community owner may require that |
16 | the prospective lessee or current lessee acknowledge, in |
17 | writing, receipt of a copy of the required disclosure and the |
18 | manufactured home community rules and regulations so long as |
19 | these documents are identified clearly in the acknowledgment. |
20 | The acknowledgment shall indicate nothing more than that the |
21 | documents identified in the acknowledgment have been received by |
22 | the lessee. |
23 | (d) The written disclosure shall contain a cover sheet with |
24 | the following statement in 12-point, sans-serif type, except the |
25 | term "five days" in the final paragraph of the notice shall |
26 | appear in 16-point, sans-serif, bold type: |
27 | This document contains important information regarding your |
28 | legal rights and your financial obligations in leasing or |
29 | renewing or signing a new lease for a manufactured home |
30 | space. Make sure that you read the entire document and seek |
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1 | legal advice if you have any questions regarding the |
2 | information stated in this document. The statements contained |
3 | in this disclosure are only summary in nature. A prospective |
4 | lessee should refer to all references, including all lease or |
5 | rental agreement documents as well as any rules and |
6 | regulations that have been established for the manufactured |
7 | home community. Oral representations should not be relied on |
8 | as correctly stating the representations of the manufactured |
9 | home community owner or operator. Instead, you should refer |
10 | to the lease or rental agreement and required disclosure |
11 | documents for correct representations. You should also refer |
12 | to the act of November 24, 1976 (P.L.1176, No.261), known as |
13 | the Manufactured Home Community Rights Act, to become |
14 | familiar with your obligations and rights as a manufactured |
15 | home resident. You have five calendar days from the date you |
16 | received this documentation to cancel your lease agreement in |
17 | writing to the manufactured home community owner or operator. |
18 | (e) Failure to disclose information specified in subsections |
19 | (a)(2) and (b) shall render the lease void and unenforceable in |
20 | the courts of the Commonwealth. |
21 | Section 5. Section 13(b) and (f) of the act, amended October |
22 | 19, 2010 (P.L.546, No.80), are amended to read: |
23 | Section 13. Damages.--* * * |
24 | (b) If disclosure as required by section [6] 6.1 was not |
25 | provided to the manufactured home community prospective first- |
26 | time lessee prior to execution of the manufactured home space |
27 | rental agreement or prior to initial occupancy of a manufactured |
28 | home, the rental agreement is voidable by the lessee during the |
29 | first year of occupancy until five calendar days after the |
30 | receipt of the disclosure by the lessee. |
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1 | * * * |
2 | (f) A manufactured home lessee who chooses not to enter into |
3 | a new, renewed or extended rental agreement shall have 60 days |
4 | from the date of notification of intent to vacate the |
5 | manufactured home community to enter into contract to sell or to |
6 | relocate the manufactured home. No increased rent fee or lease |
7 | charge shall apply during this period. So long as the |
8 | manufactured home community owner or operator complied with |
9 | disclosure as provided in section [6] 6.1, the manufactured home |
10 | lessee who does not enter into a new, extended or renewed rental |
11 | agreement shall not be entitled to relocation costs. |
12 | Section 6. The addition of section 4.1(d) of the act shall |
13 | apply to leases entered into or renewed on or after the |
14 | effective date of this section. |
15 | Section 7. This act shall take effect in 60 days. |
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