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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: COM DPA 9-1-0-0 | 3rd Read 55-1-4-0Senate: RAGE DPA 7-0-0-0 | 3rd Read 29-0-1-0Final Pass: 53-0-7-0 | Chapter: 164 |
HB 2168: long-term RVs; cooling; prohibition
Sponsor: Representative Gress, LD 4
Signed by the Governor
Overview
An emergency measure that prevents a recreational vehicle park landlord from prohibiting the installation of cooling methods on a tenant's recreational vehicle.
History
The Recreational Vehicle Long-Term Rental Space Act regulates and determines rights, obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than 180 consecutive days (A.R.S. § 33-2101).
A landlord must adopt written rules concerning the tenant's use and occupancy of the premises. Such rules are enforceable against the tenant only if: 1) they apply to all tenants on the premises in a fair manner; 2) they are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply; 3) they are not for the purpose of evading the obligations of the landlord; and 4) the prospective tenant has a copy of the current rules before entering into the rental agreement. A new tenant who brings a recreational vehicle into a park or who purchases an existing recreational vehicle or mobile home must comply with all current rules.
Statute outlines prohibitions for landlords pertaining to the tenant's use and occupancy, including requiring an existing tenant to furnish permanent improvements that cannot be removed without damage to the improvements or to the recreational vehicle space by a tenant at the expiration of the rental agreement (A.R.S. § 33-2132).
Statute defines recreational vehicle as a vehicular type unit that is any of the following:
1. A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold for camping;
2. A motor home designed to provide temporary living quarters for recreational, camping or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle;
3. A park trailer or park model built on a single chassis, mounted on wheels or originally mounted on wheels and from which the wheels have been removed and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth wheel trailers;
4. A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and that has a trailer area of less than 320 square feet. This subdivision includes fifth wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers in section A 119.5 of the American national standards institute code; or
5. A portable truck camper constructed to provide temporary living quarters for recreational, camping or travel use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck (A.R.S. § 33-2102).
Provisions
1. Precludes a recreational vehicle park landlord from prohibiting a tenant from installing reasonably necessary commercial cooling methods on the tenant's recreational vehicle. (Sec. 1)
2. Applies the preclusion to a recreational vehicle that is a motor home, park trailer or travel trailer. (Sec. 1)
3. Contains an emergency clause. (Sec. 2)
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