- Committee -

SCS/SBs 843 & 658 - This act requires mobile home park landlords to provide tenants who own their homes 180 days notice when the landlord requires them to move due to a change in use. During this period, the landlord shall not increase the rent except for a rent increase based upon increased property taxes.

Under this act, a manufactured home dealer or manufacturer may have his or her license suspended or revoked for failing to provide notice that the Public Service Commission does not regulate setup of used manufactured homes, to a purchaser of a used manufactured home (Section 700.100).

Under this act, a landowner shall have a lien against an abandoned manufactured home for unpaid rent. The process for enforcing the lien on unpaid rent is modified under the act. The landowner must provide the manufactured home owner notice before enforcing the lien. The landowner must give the home owner opportunity to redeem the home by paying all unpaid rent. The notice must also advise the home owner of his or her legal rights and that the home owner may contest the lien filing by filing a petition to that affect in the county circuit court in which the home is located. If the home owner does not redeem the home within 30 days of the notice or the home owner does not contest the lien within 10 days of receiving the notice, the title to the home will be transferred to the land owner. The land owner must apply for a certificate of title with the Department of Revenue. If the Director of the Department of Revenue is satisfied with the contents of the application, an original certificate of title to the manufactured home will be issued to the land owner.

The manufactured homeowner may, within 10 days of the mailing of the notice, contest the real property owner's lien in the home. If the owner contests the lien in Circuit Court, he or she will have to post a bond for the unpaid rent in order to have the home released. Once the bond is posted, the court will direct the land owner to release the home to the home owner. The court will also determine whether unpaid rent is due. The court may direct that the rent be paid from the posted bond or grant the landowner a security interest in the home.

If a manufactured home is abandoned on a landlord's property which is subject to another lien that is in default, the landlord must give notice to the manufactured home owner and the party holding the lien. The notice must contain a statement that if the rent is not paid within 30 days from the mailing of the notice and the lien is not contested, the real property owner will have a lien against the home which will superior to the other party's perfected lien. The homeowner and the perfected lienholder shall not remove the home from the property until the landlord is paid for past due rent. The perfected lienholder is not entitled to a certificate of title from the Department of Revenue until the lienholder has paid all rent it is obligated to pay under this act (the rent which accrues 30 days after the notice until the home is removed from the property).

STEPHEN WITTE