HOUSE BILL NO. 5565

February 27, 2020, Introduced by Reps. Cambensy, Camilleri, Brenda Carter, Anthony, Hope, Cynthia Johnson, Kennedy, Garza, Haadsma, Love and Cherry and referred to the Committee on Regulatory Reform.

"The mobile home commission act,"

by amending section 28a (MCL 125.2328a), as added by 1988 PA 337.

the people of the state of michigan enact:

Sec. 28a. (1) Mobile home park rules or regulations may include provisions governing the physical condition of mobile homes and the aesthetic characteristics of mobile homes in relation to the mobile home park in which they are located, subject to all of the following:

(a) The age or size of a mobile home shall not be used as the sole basis for refusing to allow an on-site, in-park sale or for refusing to allow the mobile home to remain on-site. The burden of going forward in a suit against the mobile home park owner or operator for violation of this subdivision is on the resident.

(b) The standards incorporated in the written park rules or regulations governing the physical condition and aesthetic characteristics of mobile homes in the mobile home park shall apply equally to all residents.

(c) A mobile home sold on-site shall conform with Act No. 133 of the Public Acts of 1974, being sections 125.771 to 125.774 of the Michigan Compiled Laws.1974 PA 133, MCL 125.771 to 125.774.

(d) Any charge connected to the on-site, in-park sale of a mobile home, other than the inspection fee permitted under subdivision (e) and the commission or fee charged by a mobile home dealer licensed under this act who is engaged by the seller to transact the sale, is an entrance or exit fee in violation of section 28.

(e) A park owner or operator may charge a reasonable fee to inspect the mobile home before sale. The charge shall must not be more than $30.00, or the amount charged for building permit inspections by the municipality in which the mobile home is located, whichever is higher.

(f) The standards governing the physical condition of mobile homes and the aesthetic characteristics of mobile homes in the mobile home park, as incorporated in the written park rules, shall not be designed to defeat the intent of this section.

(g) Standards governing the physical condition or aesthetic characteristics of mobile homes in the mobile home park shall not prohibit the installation and use of air conditioning equipment attached to the mobile home, including, but not limited to, air conditioning equipment that is temporarily or permanently installed in a window of a mobile home.

(2) Mobile home park rules or regulations shall not include any provision that has the result of preventing a resident from maintaining, by means of heating or cooling equipment, or otherwise, the ambient temperature in the resident's mobile home at levels adequate to protect the safety and health of the resident, as determined by the department.

(3) (2) Subsection (1)(f) shall not apply if the mobile home park is changing its method of doing business and provides not less than 1 year's notice, unless a different notice period is otherwise provided by law, of the proposed change to all affected mobile home park residents. A change in a mobile home park's method of doing business includes, but is not limited to, any of the following:

(a) Conversion to a mobile home park condominium pursuant to under the condominium act, Act No. 59 of the Public Acts of 1978, being sections 559.101 to 559.275 of the Michigan Compiled Laws.1978 PA 59, MCL 559.101 to 559.276.

(b) Conversion to total rental of both mobile home site and park-owned mobile homes.

(4) (3) Notwithstanding subsection (1), or (2), or (3), a mobile home park may require a mobile home to be moved to a comparable site within the mobile home park, at the expense of the mobile home park.

(5) (4) If, after termination of a resident's tenancy for just cause as provided in chapter 57a of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.5771 to 600.5785 of the Michigan Compiled Laws, 1961 PA 236, MCL 600.5771 to 600.5785, the resident of a mobile home park sells his or her mobile home to the owner or operator of the mobile home park, or to any entity in which the owner or operator has any an interest, the resident shall have the right to have the mobile home's value appraised and, if so appraised, the sale price of the mobile home shall not be less than the appraised value.

(6) (5) Except as provided in subsection (1)(a), a mobile home park owner or operator, or both, has the burden of going forward to show compliance with subsection (1).(1) and (2).