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HB2199 - 572R - H Ver
House Engrossed
RV parks; mobile
homes; education
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2199
AN
ACT
amending sections 33-1409, 33-1476.02
and 33-2102, Arizona Revised Statutes; amending title 33, chapter 19, article
2, Arizona Revised Statutes, by adding section 33-2124; amending sections 33-2132
and 33-2144, Arizona Revised Statutes; relating to rental parks.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1409, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1409.
Definitions
In this chapter
,
unless the context
otherwise requires:
1. "Action" includes recoupment,
counterclaim, setoff, suit in equity and any other proceeding in which rights
are determined, including an action for possession.
2. "Anniversary date" means an annual date
applying to all tenants stated in the rental agreement on which the landlord
may adjust the amount of rent.
3. "Appurtenances" means awnings, sheds,
porches and other attachments to the mobile home.
4. "Building and housing codes" includes
any law, ordinance or governmental regulation concerning fitness for
habitation, or the construction, maintenance, operation, occupancy, use or
appearance of any premises, dwelling unit or mobile home space.
5. "Change in use" means either of the
following:
(a) A change in the use of land from the rental of
mobile home spaces in a mobile home park to some other use.
(b) The redevelopment of the mobile home park.
6. "Compatible" means a
mobile home that is in a similar condition as the majority of the other mobile
homes in the mobile home park, as determined by the maintenance, condition and
overall appearance of the mobile home.
7.
6.
"Director"
means the director of the Arizona department of housing.
8.
7.
"Dwelling
unit" excludes real property used to accommodate a mobile home.
9.
8.
"Educational
program" means a class, workshop or educational convention that primarily
instructs attendees on issues dealing with the operation of a mobile home park
, including information regarding the Arizona mobile home parks
residential landlord and tenant act,
and that is sponsored by a
nonprofit organization whose sole or primary purpose is the advocacy and
promotion of the rental mobile home parks industry.
10.
9.
"Fund"
means the mobile home relocation fund.
11.
10.
"Good
faith" means honesty in fact in the conduct or transaction concerned.
12.
11.
"Guest"
means a nonresident, over and above the occupancy limit set for the resident's
space under the terms of the rental agreement or by park rules, of a mobile
home park who stays at the home of a person with constructive possession of the
home with the consent of the resident for one or more nights and not more than
thirty days in any twelve-month period.
13.
12.
"Landlord"
means
either of the following:
(
a
)
The
owner, lessor, sublessor or operator, or any combination thereof, of a mobile
home park
.
and it also means
(
b
)
A
manager of the premises who fails to disclose as required by section 33-1432.
14.
13.
"Mobile
home":
(a) Means either of the following:
(i) A residential structure that was manufactured on
or before June 15, 1976, that is transportable in one or more sections,
eight feet or more in body width, over thirty feet in body length with the
hitch, built on an integral chassis, designed to be used as a dwelling when
connected to the required utilities and not originally sold as a travel trailer
or recreational vehicle and that includes the plumbing, heating, air
conditioning and electrical systems in the structure.
(ii) A manufactured home built after June 15, 1976,
originally bearing an appropriate insignia of approval issued by the United
States department of housing and urban development.
(b) Does not include either of the following:
(i) A recreational vehicle such as a motor home,
camping trailer, van, fifth wheel trailer or other type of recreational
vehicle.
(ii) A structure known as a park model trailer that
is a structure built on a single chassis, mounted on wheels and designed to be
connected to the utilities necessary for the operation of installed fixtures
and appliances and that has a gross interior area of not less than three
hundred twenty square feet and not more than four hundred square feet when
prepared for occupancy.
15.
14.
"Mobile
home park" means any parcel of land that contains four or more mobile home
spaces.
16.
15.
"Mobile
home space" means a parcel of land for rent that has been designed to
accommodate a mobile home and provide the required sewer and utility
connections.
17.
16.
"Moving
expenses" means the cost incurred by the tenant whose mobile home is moved
for taking down, transporting and setting up the mobile home with the
identical, or substantially similar, improvements as were attached to the tenant's
mobile home on the mobile home space from which it was removed but does not
include the cost of landscaping or the cost of utility lines, trenching or
utility connections located in excess of twenty-five feet from the point
of hookup on the mobile home.
18.
17.
"Organization"
includes a corporation, limited liability company, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest and any
other legal or commercial entity that is a landlord, owner, manager or
designated agent pursuant to section 33-1432.
19.
18.
"Owner":
(a) Means one or more
persons, jointly or severally, in whom is vested all or part of the legal title
to property or all or part of the beneficial ownership and a right to present
use and enjoyment of the premises.
(b) Includes a mortgagee in possession.
20.
19.
"Park
manager"
or "manager"
means the person who
is primarily responsible for the day-to-day operation of a mobile
home park.
21.
20.
"Person"
includes a company, partnership or firm as well as a natural person.
22.
21.
"Premises"
means the mobile home park and its existing facilities and appurtenances,
including furniture and utilities where applicable, and grounds, areas and
existing facilities held out for the use of tenants generally or whose use is
promised to the tenant.
23.
22.
"Prospective
tenant" means a person who desires to become a tenant.
24.
23.
"Redevelopment
of the mobile home park" means that the spaces being redeveloped shall
remain vacant for at least one hundred eighty days after the effective date of
all change in use notices that are given to the tenants and either of the
following applies:
(a) A minimum of twenty-five percent of the
spaces in the park, in groups of at least five contiguous spaces, are being
changed into an upgraded mobile home park.
(b) A minimum of twenty-five of the total
number of spaces in the park, in groups of at least five contiguous spaces, are
being changed into an upgraded mobile home park.
25.
24.
"Rent"
means payments to be made to the landlord or designated agent in full
consideration for the rented premises.
26.
25.
"Rental
agreement" means leases or agreements and valid rules adopted under
section 33-1452 embodying the terms and conditions concerning the use and
occupancy of a mobile home space and premises, and includes month-to-month
tenancies that arise out of the expiration of a written rental agreement
pursuant to section 33-1413.
27.
26.
"Resident"
:
(
a
)
Means
a person entitled under a rental agreement to occupy a mobile home space to the
exclusion of others
.
and
(
b
)
Does
not include a person rendering necessary care or services under section 33-1413.03.
28.
27.
"Security"
or "security deposit" means any refundable money or property given to
assure payment or performance under a rental agreement.
29.
28.
"Tenant"
means a person signing a rental agreement or otherwise agreeing with a landlord
for the occupancy of a mobile home space.
30.
29.
"Visitor"
means a nonresident of a mobile home park who stays at the home of a resident
with the consent of the resident but does not stay overnight.
END_STATUTE
Sec. 2. Section 33-1476.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1476.02.
Mobile home relocation fund; investment of monies
A. The mobile home relocation fund is established
consisting of monies collected pursuant to sections 33-1476.03 and 33-2151
and any surcharge collected pursuant to
section
sections
33-1437
and 33-2124
. The
director shall administer the fund.
B. Fund monies shall be used as prescribed in
sections 33-1476.04 and 41-4008 and to pay premiums and other costs
of purchasing, from a private insurer who is licensed to transact insurance
business in this state, insurance coverage for tenant relocation costs due to a
change in use as prescribed in sections 33-1476.01, 33-1476.05, 33-2149
and 33-2150. Any insurance rebates shall be deposited in the
fund. If such insurance is not available, or if the insurance costs
exceed the amount available from the fund, the fund shall be used to make
direct payments for tenant relocation costs. Monies in the fund in excess of
the amount required for these purposes shall be used, as necessary, to support
the Arizona department of housing's administration of the hearing function
pursuant to section 41-4062 and the Arizona department of housing's
administration of section 33-1437, subsection C.
C. On notice from the director, the state treasurer
shall invest and divest monies in the fund as provided by section 35-313,
and monies earned from investment shall be credited to the fund. Any
unexpended and unencumbered monies remaining in the fund at the end of the
fiscal year do not revert to the state general fund but remain in the fund,
separately accounted for, as a contingency reserve.
D. The director shall adopt, amend or repeal rules
pursuant to title 41, chapter 6 for the administration of the
fund. Fund monies shall be paid to the Arizona department of housing
to offset the costs of administering the fund, including the direct and
indirect costs of processing applications for reimbursement submitted under
section 41-4008 and administering the direct and indirect costs of
section 33-1437, subsection C. The attorney general shall review the
costs charged to the fund.
END_STATUTE
Sec. 3. Section 33-2102, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-2102.
Definitions
In this chapter, unless the context otherwise requires:
1. "Action" includes recoupment,
counterclaim, setoff, suit in equity and any other proceeding in which rights
are determined, including an action for possession.
2. "Appurtenances" means awnings, sheds,
porches and other attachments to the recreational vehicle.
3. "Change in use" means a change in the
use of land from the rental of recreational vehicle spaces in a recreational
vehicle park to some other use.
4. "Compatible" means a recreational
vehicle that is in a similar condition as the majority of the other
recreational vehicles in the recreational vehicle park, as determined by the
maintenance, condition and overall appearance of the recreational vehicle.
5. "Director" means the
director of the Arizona department of housing.
6. "Educational program"
means a class, workshop or educational convention that primarily instructs
attendees on issues dealing with the operation of a recreational vehicle park,
including information regarding the recreational vehicle long-term rental space
act, and that is sponsored by a nonprofit organization whose
sole or primary
purpose is the advocacy and
promotion of the recreational vehicle parks industry.
5.
7.
"Factory-built
building"
:
(
a
)
Means
a residential or nonresidential building, including a dwelling unit or
habitable room of the building, that is either wholly or in substantial part
manufactured at an off-site location to be assembled on site
.
, except that it
(
b
)
Does
not include a manufactured home, recreational vehicle or mobile home as defined
in section 41-4001.
6.
8.
"Good
faith" means honesty in fact in the conduct or transaction concerned.
7.
9.
"Guest"
means a nonresident of a recreational vehicle park, over and above the limit
set for the resident's space under the terms of the rental agreement or by park
rules, who stays at the home of a person with constructive possession of the
home with the consent of the resident for one or more nights and not more than
fourteen days in any
twelve month
twelve-month
period.
8.
10.
"Landlord"
means:
(a) The owner, lessor, sublessor or operator, or any
combination of these persons, of a recreational vehicle park.
(b) A manager of the premises.
9.
11.
"Mobile
home" means either of the following:
(a) A residential structure that was manufactured on
or before June 15, 1976, that is transportable in one or more sections,
eight feet or more in body width, over thirty feet in body length with the
hitch, built on an integral chassis, designed to be used as a dwelling when
connected to the required utilities and not originally sold as a travel trailer
or recreational vehicle and that includes the plumbing, heating, air
conditioning and electrical systems in the structure.
(b) A manufactured home built after June 15, 1976,
originally bearing an appropriate insignia of approval issued by the United
States department of housing and urban development.
10.
12.
"Mobile
home park" means any parcel of land that contains four or more mobile home
spaces and two or more recreational vehicle spaces.
11.
13.
"Mobile
home space" means a parcel of land for rent that has been designed to
accommodate a mobile home and provide the required sewer and utility
connections.
12.
14.
"Notice"
means delivery by hand or mailed by registered or certified mail to the last
known address of the landlord or tenant. If notice is mailed by
registered or certified mail, the landlord or tenant is deemed to have received
the notice on the date the notice is actually received or five days after the
date the notice is mailed, whichever occurs first.
13.
15.
"Organization"
includes a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or more persons
having a joint or common interest and any other legal or commercial entity that
is a landlord, owner, manager or designated agent.
16. "Park manager",
"manager" or "operator" means the person who is primarily
responsible for the day-to-day operation of a recreational vehicle
park.
14.
17.
"Owner"
:
(
a
)
Means
one or more persons, jointly or severally, in whom is vested all or part of the
legal title to property or all or part of the beneficial ownership and a right
to present use and enjoyment of the premises.
Owner
(
b
)
Includes
a mortgagee in possession.
15.
18.
"Person"
includes a company, partnership or firm as well as a natural person.
16.
19.
"Premises"
means the recreational vehicle park and existing facilities and appurtenances
in the park, including furniture and utilities, if applicable, and grounds,
areas and existing facilities held out for the use of tenants generally or
whose use is promised to the tenant.
17.
20.
"Prospective
tenant" means a person who expresses an interest to a landlord in becoming
a tenant.
18.
21.
"Recreational
vehicle" means a vehicular type unit that is any of the following:
(a) A portable camping trailer mounted on wheels and
constructed with collapsible partial sidewalls that fold for towing by another
vehicle and unfold for camping.
(b) 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.
(c) 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 three hundred twenty square feet and not more than four
hundred square feet when it is set up, except that it does not include fifth
wheel trailers.
(d) 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 three hundred twenty 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.
(e) 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.
19.
22.
"Recreational
vehicle space" means a parcel of land for rent that has been designed to
accommodate a recreational vehicle and provide the required sewer and utility
connections.
20.
23.
"Rent"
means payments to be made to the landlord or designated agent in full
consideration for the rented premises.
21.
24.
"Rental
agreement" means oral or written leases or agreements and valid rules
embodying the terms and conditions concerning the use and occupancy of a
recreational vehicle space.
22.
25.
"Resident"
means a person entitled under a rental agreement to occupy a recreational
vehicle space to the exclusion of others.
23.
26.
"Security
deposit" means money or property given to assure payment or performance
under a rental agreement.
24.
27.
"Tenant"
means a person signing a rental agreement or otherwise agreeing with a landlord
for the occupancy of a recreational vehicle space for more than one hundred
eighty days.
25.
28.
"Visitor"
means a nonresident of a recreational vehicle park who stays at the home of a
resident with the consent of the resident but does not stay overnight.
END_STATUTE
Sec. 4. Title
33, chapter 19, article 2, Arizona Revised Statutes, is amended by adding
section 33-2124, to read:
START_STATUTE
33-2124.
Education requirements for park managers; complaint;
administrative hearing; civil penalty
A. Within six months after employment
as a park manager or OPERATOR of a park PRESCRIBED by this chapter, a park
manager or operator shall complete at least four hours of educational programs
and shall complete at least four additional hours of educational programs every
two years.
B. A park manager or operator shall
post proof of completion of and compliance with the educational program
requirements prescribed by this section in a conspicuous place at the park.
C. A tenant may file a complaint with
the director if, on request from the tenant, the tenant�s park manager or
operator cannot produce proof of completion of the requirements prescribed in
this section. �The director shall issue a show cause order to the landlord
directing the landlord to provide proof that the requirements of subsection A
of this section have been satisfied. If the landlord fails to
produce satisfactory evidence of compliance or fails to respond within thirty
days after service by certified mail of the show cause order, the director
shall impose a $500 civil penalty, with an additional $500 per month civil
penalty to accrue each full calendar month beginning with the second month
following service of the notice of imposition of civil penalty. �All civil
penalties shall be exonerated if, within six months after service of the notice
of imposition of civil penalty, the landlord furnishes satisfactory evidence of
compliance. �Otherwise,
the department of housing shall
collect the civil penalties and a ten percent surcharge on the total amount of
the civil penalties collected. �All civil penalties shall be deposited in the
state general fund and the ten percent surcharge shall be deposited in the
mobile home relocation fund established by section 33-1476.02.
D. A PARK MANAGER OR OPERATOR WHO HAS
COmPLETED EDUCATIONAL PROGRAM REQUIREMENTS PURSUANT TO SECTION 33-1437 SHALL BE
CONSIDERED TO HAVE SATISFIED THE REQUIREMENTS OF THIS SECTION FOR THE
APPLICABLE TIME PERIOD.
END_STATUTE
Sec. 5. Section 33-2132, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-2132.
Rules
A. A landlord shall adopt written rules, however
described, concerning the tenant's use and occupancy of the
premises. 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.
4. The prospective tenant has a copy of the current
rules before entering into the rental agreement.
B. If the owner or agent adds, changes, deletes or
amends any rule, the owner or agent shall provide notice in writing of all
additions, changes, deletions or amendments to all tenants thirty days before
they become effective. Any rule or condition of occupancy that is unfair and
deceptive or that does not conform to the requirements of this chapter is
unenforceable. A rule adopted after the tenant enters into the
rental agreement is enforceable against the tenant only if the rule does not
substantially modify the rental agreement. For purposes of this
subsection, notice shall be by personal delivery or mailed by first class or
certified mail.
C. A landlord shall not:
1. Deny rental unless the prospective resident
cannot conform to park rules. A landlord is not required to enter
into an initial recreational vehicle space agreement in excess of one hundred
seventy-nine days.
2. Charge an exit fee to a tenant whose rental
agreement has expired.
3. Require a person as a precondition to renting,
leasing or otherwise occupying a recreational vehicle space in a recreational
vehicle or mobile home park to pay an entrance or exit fee, unless the fee is
for services that are actually rendered or pursuant to a written agreement.
4. Deny any resident of a recreational vehicle park
the right to sell the recreational vehicle at a price of the resident's own
choosing during the term of the tenant's rental agreement, but the landlord may
reserve the right to approve the purchaser of the recreational vehicle as a
tenant. �This permission shall not be unreasonably withheld, except that the
landlord may require, in order to preserve or upgrade the quality of the
recreational vehicle park, that any recreational vehicle not compatible with the
other recreational vehicles in the park, in a rundown condition or in disrepair
be removed from the park within sixty days. Within ten days after a written
request by the seller or prospective purchaser, a landlord shall notify the
seller and the prospective purchaser in writing of any reasons for withholding
approval of a purchase pursuant to this paragraph. �The notice to the
prospective purchaser shall identify the reasons for disapproval with
reasonable specificity. �The notice to the seller shall identify the reasons in
summary fashion consistent with applicable federal and state consumer
protection laws and shall inform the seller that the seller should consult with
the prospective purchaser for more specific details.
5. Require 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.
6. Prohibit a tenant from advertising the sale or
exchange of the tenant's recreational vehicle, including the display of a for
sale or open house sign on the recreational vehicle or in the window of the
recreational vehicle stating the name and contact information of the owner or
agent of the recreational vehicle. In addition, a tenant may display a sign on
a central posting board in the park that is reasonably accessible to the public
seven days a week during daylight hours.
7. Require a tenant or prospective tenant to use any
specific sales agency, manufacturer, retailer or broker.
8. Require a tenant to place any additional person's
name on the title to the recreational vehicle as a condition of tenancy or
residency for that additional person or pay a fee or other form of penalty for
failing to place an additional person's name on the title to the recreational
vehicle.
9. For recreational vehicles as defined in section
33-2102, paragraph
18
21
,
subdivision (b), (c) or (d), prohibit a tenant from installing reasonably
necessary commercial cooling methods on the tenant's recreational vehicle.
D. The landlord shall not prohibit or adopt a rule
that prohibits tenants or a tenant association from meeting with permission of
the tenant in the tenant's recreational vehicle or from assembling or meeting
with or without invited speakers in the park to discuss issues relating to
recreational vehicle or mobile home living and affairs, including the forming
of a tenant association. �Such meetings shall be allowed in common facilities
if such meetings are held during normal operating hours of the common facility
and when the facility is not otherwise in use. �The tenant or tenant
association shall be allowed to post notice of a meeting on a bulletin board in
the park used for similar notices and shall be allowed to include notice of a
meeting in a park newsletter. �Meeting notices and meetings prescribed in this
subsection shall not constitute a solicitation. �For the purposes of this
subsection, "common facilities" means a recreation hall, a clubhouse,
a community center and any outdoor common area meeting location that is used by
the tenants.
E. If a tenant dies, any surviving joint tenant or
cotenant continues as a tenant with the same rights, privileges and liabilities
as if the surviving tenant were the original tenant.
F. A new tenant who brings a recreational vehicle
into a park or who purchases an existing recreational vehicle or mobile home
shall comply with all rules then in effect.
G. Pursuant to state and federal fair housing laws,
a resident who has a disability as defined in section 41-1491 may have
one or more persons occupy the recreational vehicle to provide necessary live-in
health care, personal care or supportive services if the care or services are
necessary to afford the resident with a disability an equal opportunity to use
and enjoy the dwelling. The landlord shall not charge a fee for the
persons rendering live-in health care, personal care or supportive
services. The persons rendering live-in health care, personal care
or supportive services have no rights of tenancy. Any agreement
between the resident and the persons rendering live-in health care, personal
care or supportive services does not modify the rental agreement between the
landlord and tenant. The persons rendering live-in health care,
personal care or supportive services shall comply with the rules of the park.
END_STATUTE
Sec. 6. Section 33-2144, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-2144.
Abandonment
A. If a tenant abandons a recreational vehicle on
the space, the landlord shall notify the owner and lienholder of record of the
recreational vehicle within fifteen days about the owner's or lienholder's
liability for any costs incurred for the rental space including rent and
utility costs due. Before notice is provided to the legal owner or lienholder,
the landlord is entitled to a maximum of sixty days' rent. After notice is
provided, the legal owner or lienholder is responsible for all costs. The
recreational vehicle shall not be removed from the space without a signed
statement from the landlord, owner or park manager that shows clearance for
removal of the recreational vehicle, that all monies due have been paid in full
or that the legal owner and landlord have agreed to allow removal.
B. This section applies only to recreational
vehicles
that are park models or park trailers
as defined
in section 33-2102, paragraph
18
21
,
subdivision (c).
END_STATUTE