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:

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

Manufactured Homes" is hereby amended to read as follows:

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

apply to all mobile and manufactured home parks:

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

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

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

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

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

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

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

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

mobile-and manufactured-home park;

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

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

or change in rent is unreasonable;

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

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

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

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

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

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

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

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

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

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

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

the public water system from which the water was purchased.

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

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

return for the investment.

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

schedule as published by the serving utility;

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

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

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

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

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

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

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

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

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

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

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

basis by which said the change violates this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

manufactured home in accordance with present park standards regarding structural requirements

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

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

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

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

television;

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

resident:

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

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

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

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

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

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

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

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

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

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

services and the number of pets kept in the park.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

necessary to implement this subsection.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED

HOMES

***

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

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

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

     This act would take effect upon passage.

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