Manufactured home park residents eviction proceedings modifications

A bill for an act

relating to manufactured housing; modifying eviction proceedings for manufactured

home park residents; amending Minnesota Statutes 2024, section 327C.11,

subdivision 3, by adding subdivisions; repealing Minnesota Statutes 2024, section

327C.11, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 327C.11, subdivision 3, is amended to read:

Subd. 3.

Writ of recovery stayed.

The issuance of a writ of recovery
deleted text begin
, other than a

conditional writ,
deleted text end
shall be stayed for
deleted text begin
a reasonable period not to exceed seven
deleted text end
new text begin
90
new text end
days to allow

the resident to arrange to remove the resident's home from the lot
new text begin
or for the purpose of an

in park sale, as provided in section 327C.07. The resident must be permitted to remain in

the home for ten days following issuance of the writ. The resident has 28 days following

the issuance of the writ to remove personal property under the process outlined in section

504B.365, subdivision 3. The writ must also direct the park owner to notify any party holding

a security interest in the resident's home and known to the park owner of the provisions of

the writ within 15 days
new text end
.

Sec. 2.

Minnesota Statutes 2024, section 327C.11, is amended by adding a subdivision to

read:

new text begin

Subd. 5.

new text end

new text begin

Summons and complaint; additional notice.

new text end

new text begin

In addition to the information

in the summons required under section 504B.321, subdivision 4, a park owner taking an

eviction action under this section must include the following verbatim notice: "If you sign

over title to your home or the park owner otherwise takes title to your home and then sells

the home, you have the right under Minnesota law (Minnesota Statutes, section 327C.11,

subdivision 5) to the return of any money except what you owe in back rent, utility charges,

any liens on your home, and other lawful costs and fees. To receive any money left over

from the sale, you must provide the park owner with an address, telephone number, or email

address where you can be contacted after you leave the park. The park owner must pay you

within 30 days after they receive this information from you."

new text end

Sec. 3.

Minnesota Statutes 2024, section 327C.11, is amended by adding a subdivision to

read:

new text begin

Subd. 6.

new text end

new text begin

Acquisition and sale of resident's home by park owner; surplus.

new text end

new text begin

If a park

owner acquires title to the resident's home under section 168A.142, 168A.143, 504B.265,

or 504B.271, and subsequently sells the home, the proceeds of that sale must first be applied

in the following order:

new text end

new text begin

(1) to any outstanding balance the former resident owed to the park for rent, utilities,

and actual costs incurred by the park; and

new text end

new text begin

(2) to any liens on the property.

new text end

new text begin

A park owner must return any remaining surplus to the former resident within 30 days of

the resident providing an address, telephone number, or email address where the former

resident can be reached after vacating the park.

new text end

Sec. 4.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 327C.11, subdivision 4,

new text end

new text begin

is repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-08207

327C.11 EVICTION PROCEEDINGS.

Subd. 4.

Conditional writ.

Where the interests of justice require the court may issue a conditional writ of recovery, which orders the resident and all those in the resident's household to stop residing in the park within a reasonable period not to exceed seven days, but which allows the resident's home to remain on the lot for 60 days for the purpose of an in park sale, as provided in section
327C.07
. The writ shall also direct the park owner to notify any party holding a security interest in the resident's home and known to the park owner, of the provisions of the writ. If the court issues a conditional writ, the resident may keep the home on the lot for 60 days for an in park sale if:

(1) neither the resident nor members of the resident's household reside in the park;

(2) the resident complies with all rules relating to home and lot maintenance; and

(3) the resident pays on time all rent and utility charges owed to the park owner. If the resident fails to meet any of these conditions, the park owner may, on three days' written notice to the resident, move the court for an order making the writ of recovery unconditional. Sixty-one days after the issuance of a conditional writ, the writ shall become absolute without further court action.