2014 -- S 2575 SUBSTITUTE A

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LC004874/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED

HOMES

     

     Introduced By: Senators P Fogarty, Cool Rumsey, Ottiano, Nesselbush, and Kettle

     Date Introduced: March 04, 2014

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-44-3 of the General Laws in Chapter 31-44 entitled "Mobile and

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Manufactured Homes" is hereby amended to read as follows:

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     31-44-3. Rules and regulations. -- The following requirements and restrictions shall

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apply to all mobile and manufactured home parks:

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      (1) A mobile and manufactured home park licensee shall promulgate reasonable rules

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and regulations which that shall specify standards for mobile and manufactured homes in the

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park, entry requirements, and rules governing the rental or occupancy of a mobile-and

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manufactured-home lot and mobile and manufactured-home park;

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      (2) Current rules and regulations promulgated by a mobile-and manufactured-home park

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licensee shall be delivered by the licensee to a prospective resident prior to entering into a rental

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agreement, and to the resident(s) as soon as promulgated and whenever revised. A copy of the

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rules and regulations shall be filed with the director and posted in a conspicuous place in the

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mobile-and manufactured-home park;

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      (3) Any rule or change in rent which that does not apply uniformly to all mobile and

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manufactured home residents of a similar class shall create a rebuttable presumption that the rule

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or change in rent is unreasonable;

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      (4) (i) A mobile-and manufactured-home park licensee shall not impose any conditions

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of rental or occupancy which that restricts the mobile and manufactured home owner in his or her

 

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choice of a seller of fuel, furnishings, goods, services, accessories, or other utilities connected

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with the rental or occupancy of a mobile-and manufactured-home lot.

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      (ii) The licensee who purchases electricity or gas (natural, manufactured, or similar

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gaseous substance) from any public utility or municipally owned utility or who purchases water

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from a water system for the purpose of supplying or reselling the electricity or gas to any other

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person to whom he leases, lets, rents, subleases, sublets, or subrents the premises upon which the

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electricity, gas, or water is to be used, shall not charge, demand, or receive directly or indirectly,

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any amount for the resale of any electricity, gas, or water greater than that amount charged by the

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public utility or municipally owned utility from which the electricity, or gas was purchased or by

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the public water system from which the water was purchased.

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      (iii) However, if the licensee incurs costs in bringing the utility service to individual

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units, or in utilizing individual meters, or in some similar cost, the licensee will be entitled to a

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return for the investment.

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      (iv) The park operator shall post in a conspicuous place the prevailing utility rate

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schedule as published by the serving utility;

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      (5) If any mobile-and manufactured-home park licensee adds, changes, deletes, or

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amends any rule governing the rental or occupancy of a mobile-and manufactured-home lot in a

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mobile-and manufactured-home park, a new copy of all those rules shall be furnished to all

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mobile-and manufactured-home residents in the park, and filed with the department for its

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review, recommendations, and recording for future reference at least forty-five (45) days prior to

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the effective date of the addition, change, deletion, or amendment. The new copy furnished to the

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resident shall be signed by both the mobile-and manufactured-home park owner and the mobile-

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and manufactured-home park resident. Any mobile park resident who believes that said the rule

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change is in violation of the chapter may file a complaint with the director in accordance with

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section §31-44-17. Said The complaint shall be filed within twenty (20) days of receipt of written

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notice of said the change. Said The complaint shall specify the rule in dispute and contain the

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basis by which said the change violates this chapter.

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      (6) If any mobile-and manufactured-home park licensee changes the rent or fees

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associated with a mobile-and manufactured-home lot, notice of the change shall be given to the

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mobile-and manufactured-home resident at least sixty (60) days prior to the effective date of the

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change. Any mobile park resident who believes that said the rule change is in violation of this

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chapter, may file a complaint with the director in accordance with section §31-44-17. Said The

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complaint shall be filed within twenty (20) days after receipt of written notice of said the change.

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The complaint shall specify the basis by which said the change violates this chapter.

 

LC004874/SUB A - Page 2 of 4

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      (7) The owners of individual mobile and manufactured homes shall be entitled to have as

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many occupants in their homes as is consistent with the number of bedrooms and/or bed spaces

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certified by the manufacturer; provided that the occupancy does not violate any provision of the

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general laws or other municipal regulations. All bedrooms shall consist of a minimum of fifty

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(50) square feet of floor area and bedrooms designed and certified for two (2) or more people

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shall consist of seventy (70) square feet of floor area plus fifty (50) square feet for each person in

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excess of two (2). If there is sufficient bed space, according to the criteria set forth in this

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subdivision, additional rent or charges may not be imposed by a park owner or manager for any

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person or persons moving in with current resident owners of a mobile and manufactured home;

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      (8) A prospective resident shall not be charged an entrance fee for the privilege of

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leasing or occupying a mobile-and manufactured-home lot, except as provided in section §31-44-

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4; provided, that when a mobile and manufactured home is transported onto the mobile-and

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manufactured-home park, an entrance fee may be charged. However, if the park owner received a

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commission for the sale of the mobile and manufactured home, no entrance fee shall be charged.

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A reasonable charge for the fair value of the owner's cost in obtaining, preparing, and maintaining

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a lot, or for the fair value of services performed in placing a mobile and manufactured home on a

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lot, shall not be considered an entrance fee, but shall be deemed a hook-up fee or maintenance fee

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and shall be detailed in the fee schedule. No tenant, or person seeking space in a mobile-and

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manufactured-housing park, shall be required to purchase manufactured housing from any

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particular person unless the person designated is the park owner or operator and the requirement

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is imposed only in connection with the initial leasing or renting of a newly-constructed lot or

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space not previously leased or rented to any other person. A resident may remove and replace a

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mobile and manufactured home,; provided, that the resident shall install the mobile and

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manufactured home in accordance with present park standards regarding structural requirements

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and aesthetic maintenance in the mobile-and manufactured-home park where the replacement

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occurs, and in accordance with minimum standards for mobile and manufactured homes

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established by the United States dDepartment of hHousing and uUrban dDevelopment. No fee

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shall be charged by the licensee to residents as a result of the resident's installation of cable

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television;

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      (9) Prior to signing a lease, a licensee shall dispose, in writing, to the prospective

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resident:

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      (i) The rental for the space or lot; and

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      (ii) Any charges, including service charges, imposed by the licensee. The licensee shall

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dispose the rent and charges which that were in effect during the three (3) preceding years, or the

 

LC004874/SUB A - Page 3 of 4

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period during which the licensee has operated the mobile home park, whichever is shorter;

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      (10) A copy of the fee schedule shall be filed with the commission and posted in a

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conspicuous place in the mobile-and manufactured-home park; and

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      (11) (i) A resident shall not be charged a fee for keeping a pet in a mobile-and

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manufactured-home park unless the park owner or management actually provides special

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facilities or services for pets. If special pet facilities are maintained by the park owner or

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management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or

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services and the number of pets kept in the park.

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      (ii) If the park owner or management of a mobile-and manufactured-home park

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implements a rule or regulation prohibiting residents from keeping pets in the park, the new rule

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or regulation shall not apply to prohibit the residents from continuing to keep the pets currently in

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the park if the pet otherwise conforms with the previous park rules or regulations relating to pets.

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However, if the pet dies, the resident shall have the right to replace the pet.

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      (iii) Any rule or regulation prohibiting residents from keeping pets in a mobile-and

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manufactured-home park shall not apply to guide, signal, or service animals.

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     (12) Any board or commission vested with governing powers over a mobile-or

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manufactured-home community, including resident-owned and nonresident-owned mobile home

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park resident associations, shall establish and/or adhere to fair and impartial written guidelines

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and bylaws for conducting elections, that have been provided to all residents of the mobile home

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park at least forty-five (45) days prior to any election. The written guidelines and bylaws shall

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ensure transparency in the election process with reasonable and meaningful notice to, and

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participation of, all residents. The department is authorized to promulgate rules and regulations

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necessary to implement this subsection.

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     SECTION 2. This act shall take effect upon passage.

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LC004874/SUB A

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LC004874/SUB A - Page 4 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED

HOMES

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     This act would provide that boards or commissions with governing powers over mobile

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and manufactured homes offer fair and impartial elections and would require that matters which

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need conflict resolution be referred to the department of business regulation.

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     This act would take effect upon passage.

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LC004874/SUB A

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