REFERENCE TITLE: mobile home parks; use change

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HB 2200

 

Introduced by

Representatives Lawrence: Larkin

 

 

AN ACT

 

amending sections 33-1476 and 33-1476.01, Arizona Revised Statutes; relating to the Arizona mobile home parks residential landlord and tenant act.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 33-1476, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.  Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent

A.  The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park.  The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstances concerning the reason or reasons for termination or nonrenewal can be determined.  Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection.

B.  The landlord may not terminate or refuse to renew a tenancy without good cause.  For the purposes of this subsection, "good cause" means:

1.  Noncompliance with any provision of the rental agreement.

2.  Nonpayment of rent.

3.  Change in use of land.

4.  Clear and convincing evidence that a tenant has repeatedly violated any provision of this chapter and established a pattern of noncompliance with such provisions.

C.  The landlord's right to terminate or to refuse to renew a tenancy pursuant to subsection B of this section does not arise until the landlord has complied with subsection D, E or H of this section.

D.  Except as otherwise prohibited by law:

1.  If there is a material noncompliance by the tenant with the rental agreement, the landlord shall deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days.  If the tenant remedies the situation within the time specified in the notice, the landlord shall issue a notice to the tenant releasing the tenant from the termination of rental agreement notice.

2.  If there is a noncompliance by the tenant with section 33‑1451 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days.  However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If the tenant remedies the situation within the time specified in the notice, the landlord shall issue a notice to the tenant releasing the tenant from the termination of rental agreement notice.

3.  If there is a noncompliance that is both material and irreparable and that occurs on the premises, including an illegal discharge of a weapon, homicide as prescribed in sections 13‑1102 through 13‑1105, criminal street gang activity as prescribed in section 13‑105, activity as prohibited in section 13‑2308, prostitution as defined in section 13‑3211, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13‑3451, threatening or intimidating as prohibited in section 13‑1202, infliction of serious bodily harm, assault as prohibited in section 13‑1203, criminal activity involving serious property damage or acts that have been found to constitute a nuisance pursuant to section 12‑991, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed pursuant to section 33‑1485.

4.  If a tenant engages in repetitive conduct that is the subject of notices under this subsection, after two incidents of the same type documented by the landlord within a twelve month twelve-month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month twelve-month period, the landlord may deliver a written notice to the tenant specifying the repetitive conduct and the documentation and advising the tenant that on documentation of the next incident of the same type final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

5.  If a tenant has been involved in three or more documented incidents of conduct of any type described in this section within a twelve month twelve-month period, the landlord may deliver a written notice to the tenant specifying the conduct and the documentation and advising the tenant that on documentation of the next incident final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

E.  If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.  Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney's fees incurred by the landlord and court costs, if any.

F.  Except as provided in this chapter, the landlord may recover actual damages, obtain injunctive relief or recover possession of the premises pursuant to an action in forcible detainer for repeated noncompliance by the tenant with the rental agreement or section 33‑1451.

G.  The remedy provided in subsection F of this section is in addition to any right of the landlord arising under subsection D of this section.

H.  If a change in use is intended for the land on which a mobile home park or a portion of a mobile home park is located and the landlord intends eviction of a mobile home tenant due to a change in use, the landlord shall notify all tenants in the park in writing that:

1.  The change in use may subsequently result in the termination of a rental agreement.

2.  The tenant being terminated due to the change in use will receive a one hundred eighty day one-hundred-eighty-day notice before the actual termination of the rental agreement or, if the change in use requires the enactment, adoption or approval of the proposed change in use by the governing body of a city or town, the tenant will RECEIVE one hundred eighty days' notice after final action by the governing body of the city or town approving the change in use. END_STATUTE

Sec. 2.  Section 33-1476.01, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.01.  Change in use; notices; compensation for moving expenses; prohibition; violation; classification; payments by the landlord

A.  The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use, except that if the change in use requires the enactment, adoption or approval of the proposed change in use by the governing body of a city or town, the landlord SHALL PROVIDE one hundred eighty days' written notice after final action by the governing body of the city or town approving the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use the one-hundred-eighty-day notice period.

B.  The landlord shall inform all tenants in writing about the mobile home relocation fund established in section 33‑1476.02.

C.  If a tenant is required to move due to a change in use or redevelopment of the mobile home park, the tenant may do any of the following:

1.  Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the mobile home to a new location that is within a fifty-mile twenty-five-mile radius of the vacated mobile home park or five seven thousand five hundred dollars for a single section mobile home or ten twelve thousand five hundred dollars for a multisection mobile home.  The dollar amounts shall be increased each calendar year by three percent and the department of Fire, building and life safety shall calculate those dollar amounts.  Moving expenses include the cost of stabilizing, taking down, moving and setting up the mobile home in the new location, replacement of appliances that cannot be moved, compliance with federal, state or local requirements for access for persons with disabilities and any special needs of the tenant as prescribed by the United States department of housing and urban development or by the tenant's physician in order to secure the mobile home in the new location.

2.  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 abandonment payment pursuant to this paragraph, 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 department of fire, building and life safety in support of the tenant's application for payment.  If the tenant chooses to abandon the mobile home pursuant to this paragraph, the landlord is exempt from making the payments to the fund prescribed in subsection D of this section.

3.  If a mobile home is relocated to a location outside of the vacated mobile home park and, in the sole judgment of the director, the mobile home was ground set in the mobile home park from which it was removed, the tenant may collect additional monies not to exceed two thousand five hundred dollars for the incremental costs of removing a ground set mobile home.  The dollar amount shall be increased each calendar year by three percent and the department of Fire, building and life safety shall calculate that dollar amount.  These monies are in addition to any monies provided pursuant to paragraph 1 of this subsection.

D.  Except as provided in subsection C, paragraph 2 and subsection F of this section and section 33‑1476.04, subsection D, if there is a change in use the landlord shall pay five hundred one thousand dollars for each single section mobile home and eight twelve hundred dollars for each multisection mobile home relocated to the fund for each tenant filing for relocation assistance with the director.  The dollar amounts shall be increased each calendar year by three percent and the department of Fire, building and life safety shall calculate those dollar amounts.

E.  If a change in use occurs before the time stated in the statements of policy and the landlord does not comply with subsection A of this section and with section 33‑1436 and section 33‑1476, subsection H, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1.  Five hundred One thousand dollars for each mobile home space occupied by a single-section mobile home.  The dollar amount shall be increased in the same manner prescribed by subsection D of this section.

2.  Eight twelve hundred dollars for each mobile home space occupied by a multisection mobile home.  The dollar amount shall be increased in the same manner prescribed by subsection D of this section.

F.  The landlord is not required to make the payments prescribed in subsections D and E of this section for moving mobile homes owned by the landlord or for moving a mobile home under a contract with the tenant if the tenant does not file for relocation assistance with the director.

G.  If a change in use occurs within two hundred seventy days of after relocations under section 33‑1476.04, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1.  Five hundred One thousand dollars for each mobile home space occupied by a single section mobile home.  The dollar amount shall be increased in the same manner prescribed by subsection D of this section.

2.  Eight Twelve hundred dollars for each mobile home space occupied by a multisection mobile home.  The dollar amount shall be increased in the same manner prescribed by subsection D of this section.

H.  The tenant shall submit a contract for relocation of a mobile home for approval to the director within sixty days after the relocation to be eligible for payment of relocation expenses.  The director must approve or disapprove the contract within fifteen days after receipt of the contract, or the contract is deemed to be approved.

H.  The tenant shall submit a relocation expense report to the director and the director shall timely disburse monies to the tenant or the tenant's contractor as the move progresses in order to maintain the moving schedule for that tenant. 

I.  If the contract is approved On execution of a moving contract, the final payment of relocation expenses shall be made to the installer or contractor when both of the following have been completed:

1.  The installer or contractor has obtained valid permits to move the mobile or manufactured home to a new location.

2.  the installer or contractor provides documentation to the department that the installation of the mobile or manufactured home at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

J.  If the initial contract to move is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 16, article 5.  The tenant shall provide notice pursuant to section 33‑1451, subsection A, paragraph 6 if the tenant relocates. 

K.  If this state or a political subdivision of this state exercises eminent domain and the mobile home park is sold or a sale is made to this state or a political subdivision of this state that intends to exercise eminent domain, the state or political subdivision is responsible for the relocation costs of the tenants.

L.  If a tenant is vacating the premises and has informed the landlord or manager before the change in use notice has been given, the tenant is not eligible for compensation under this section.

M.  A person who purchases a mobile home already situated in a park or moves a mobile home into a park in which a change in use notice has been given is not eligible for compensation under this section.

N.  The LANDLORD shall not accept or solicit any new contracts for mobile HOMES or recreational vehicles on the property that is the subject of THE proposed change in use.  This prohibition applies beginning on the initiation of change in use proceedings with the city or town in which the property is located.

O.  The landlord of a property that is the subject of a proposed change in use shall maintain the grounds and services on the property as provided in the rental agreement Until all the tenants have vacated the property.  A landlord who by intimidation or subterfuge knowingly causes the tenant to vacate the property before or during the change in use process is guilty of a class 6 felony.  For the purposes of this subsection, "Intimidation or subterfuge" includes ending one or more utility services, bringing construction EQUIPMENT to the property or initiating construction activities.

N.  P.  This section does not apply to a change in use if the landlord moves a tenant to another space in the mobile home park at the landlord's expense. END_STATUTE