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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 75
2025-2026
Representatives Miller, K., Brennan
Cosponsors: Representatives Williams,
White, A., Troy, Santucci, Abrams, Robb Blasdel, King, Demetriou,
Barhorst, Deeter, Johnson
A
BILL
To
amend sections 4781.40, 5301.072, 5311.191, and 5321.131 of the
Revised Code
to
prohibit manufactured home park operators, condominium associations,
neighborhood associations, and landlords from restricting the display
of the thin blue line flag and to name this act the Chief Steven
DiSario Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4781.40, 5301.072, 5311.191, and 5321.131 of the Revised
Code be amended to read as follows:
Sec.
4781.40.
(A)(1)
The park operator shall offer each home owner a written rental
agreement for a manufactured home park lot for a term of one year or
more that contains terms essentially the same as any alternative
month-to-month rental agreement offered to current and prospective
tenants and owners. The park operator shall offer the minimum
one-year rental agreement to the owner prior to installation of the
home in the manufactured home park or, if the home is in the
manufactured home park, prior to the expiration of the owner's
existing rental agreement.
(2)
The park operator shall deliver the offer to the owner by certified
mail, return receipt requested, or in person. If the park operator
delivers the offer to the owner in person, the owner shall complete a
return showing receipt of the offer. If the owner does not accept the
offer, the park operator is discharged from any obligation to make
any further such offers. If the owner accepts the offer, the park
operator shall, at the expiration of each successive rental
agreement, offer the owner another rental agreement, for a term that
is mutually agreed upon, and that contains terms essentially the same
as the alternative month-to-month agreement. The park operator shall
deliver subsequent rental offers by ordinary mail or personal
delivery. If the park operator sells the manufactured home park to
another manufactured home park operator, the purchaser is bound by
the rental agreements entered into by the purchaser's predecessor.
(3)
If the park operator sells the manufactured home park for a use other
than as a manufactured home park, the park operator shall give each
tenant and owner a written notification by certified mail, return
receipt requested, or by handing it to the tenant or owner in person.
If the park operator delivers the notification in person, the
recipient shall complete a return showing receipt of the
notification. This notification shall contain notice of the sale of
the manufactured home park, and notice of the date by which the
tenant or owner shall vacate. The date by which the tenant shall
vacate shall be at least one hundred twenty days after receipt of the
written notification, and the date by which the owner shall vacate
shall be at least one hundred eighty days after receipt of the
written notification.
(B)
A park operator shall fully disclose in writing all fees, charges,
assessments, including rental fees, and rules prior to a tenant or
owner executing a rental agreement and assuming occupancy in the
manufactured home park. No fees, charges, assessments, or rental fees
so disclosed may be increased nor rules changed by a park operator
without specifying the date of implementation of the changed fees,
charges, assessments, rental fees, or rules, which date shall be not
less than thirty days after written notice of the change and its
effective date to all tenants or owners in the manufactured home
park, and no fee, charge, assessment, or rental fee shall be
increased during the term of any tenant's or owner's rental
agreement. Failure on the part of the park operator to fully disclose
all fees, charges, or assessments shall prevent the park operator
from collecting the undisclosed fees, charges, or assessments. If a
tenant or owner refuses to pay any undisclosed fees, charges, or
assessments, the refusal shall not be used by the park operator as a
cause for eviction in any court.
(C)(1)
A park operator shall promulgate rules governing the rental or
occupancy of a lot in the manufactured home park. The rules shall not
be unreasonable, arbitrary, or capricious. A copy of the rules and
any amendments to them shall be delivered by the park operator to the
tenant or owner prior to signing the rental agreement. A copy of the
rules and any amendments to them shall be posted in a conspicuous
place upon the manufactured home park grounds.
(2)
No park operator shall include any restriction in a rental agreement
against, or otherwise prohibit on a tenant's or owner's rental
property, any of the following:
(a)
The display of the flag of the United States or the national league
of families POW/MIA flag if the flag is displayed in accordance with
any of the following:
(i)
The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902,
governing the display and use of the flag;
(ii)
Federal law, state law, or any local ordinance or resolution;
(iii)
A proclamation of the president of the United States or the governor
of the state.
(b)
The display of the state flag as defined in section 5.01 of the
Revised Code if the flag is displayed in accordance with state law,
any local ordinance or resolution, or proclamation by the governor of
the state;
(c)
The display of a service flag approved by the United States secretary
of defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces of
the United States. A service flag includes a blue star banner, a gold
star banner, and any other flag the secretary of defense designates
as a service flag
.
(d)
The display of a thin blue line flag or emblem on a flag pole,
through the use of a bracket, or in a window in accordance with any
state law, any local ordinance or resolution, or a proclamation by
the governor of the state
.
(3)
A tenant who requests to display the flag of the United States
or
,
the
national league of families POW/MIA flag
,
or the thin blue line flag
at the rental property as provided in division (C)(2) of this section
through the use of a flag pole shall contact the park operator with
reasonable notice before installation of the flag pole to discuss the
following:
(a)
Placement in compliance with any local zoning restrictions and the
required underground utility service requests (OUPS);
(b)
Cost of the materials and installation;
(c)
Installation in a workerlike manner if installed at the tenant's
request and expense;
(d)
Any lighting required to comply with division (C)(2)(a)(i) of this
section;
(e)
The appropriate size of the flag and flag pole, which shall be
consistent with the size and character of the building.
(4)
A tenant who requests to display the flag of the United States
or
,
the
national league of families POW/MIA flag
,
or the thin blue line flag
at the rental property as provided in division (C)(2) of this section
through the use of a bracket to be permanently affixed to the
manufactured home, shall contact the park operator with reasonable
notice before installation of the bracket to discuss the following:
(a)
Placement in compliance with any local zoning restrictions;
(b)
Cost of the materials and installation;
(c)
Preferred location of the bracket with installation to be performed
in a workerlike manner if installed at the tenant's
request
and expense;
(d)
Any lighting required to comply with division (C)(2)(a)(i) of this
section;
(e)
The appropriate size of the flag and flag pole, which shall be
consistent with the size and character of the manufactured home.
(5)
A tenant who owns the manufactured home but leases the lot and who
requests to display the flag of the United States
or
,
the
national league of families POW/MIA flag
,
or the thin blue line flag
at the rental property as provided in division (C)(2) of this section
through the use of a bracket to be permanently affixed to the
manufactured home, shall contact the park operator with reasonable
notice before installation of the bracket to discuss the following:
(a)
Placement in compliance with any local zoning restrictions;
(b)
Preferred location of the bracket to insure that there will be no
encroachment of the flag or bracket onto common areas of the park;
(c)
Any lighting required to comply with division (C)(2)(a)(i) of this
section;
(d)
The appropriate size of the flag and flag pole, which shall be
consistent with the size and character of the manufactured home and
surrounding manufactured home park.
(6)
A park operator who does not receive the notifications required under
divisions (C)(3) and (4) of this section is not liable for any
damages, fines, or costs associated with any issues arising from the
placement of the flag pole or the bracket by the tenant.
(7)
Any display of the flag of the United States
or
,
the
national league of families POW/MIA flag,
or the thin blue line flag
shall use a flag or flag pole of an appropriate size, consistent with
the size and character of the manufactured homes within the
manufactured home park.
(8)
Any violation of this division is against public policy and
unenforceable. Any provision of a rental agreement that violates this
division is an unconscionable term under section 4781.48 of the
Revised Code.
(9)
Nothing in this division exempts a tenant from a provision in a lease
agreement that requires a tenant, at the termination of a lease, to
return the premises in the same condition as they were in when the
tenant took possession.
(10)
As used in division (C) of this section, "thin blue line flag"
and "thin blue line emblem" mean a flag or emblem depicting
a flag, similar to the flag of the United States, consisting of both
of the following elements:
(a)
A black rectangle in the upper hoist corner bearing fifty white
five-pointed stars arranged in nine offset horizontal rows;
(b)
Thirteen horizontal stripes of equal height, the top and bottom
stripe being black, and alternating white and black stripes in
between, except that the eighth horizontal stripe from the top of the
flag or emblem, which appears directly below the field of stars, is
blue rather than white.
(D)
No park operator shall require an owner to purchase from the park
operator any personal property. The park operator may determine by
rule the style or quality of skirting, equipment for tying down
homes, manufactured or mobile home accessories, or other equipment to
be purchased by an owner from a vendor of the owner's choosing,
provided that the equipment is readily available to the owner. Any
such equipment shall be installed in accordance with the manufactured
home park rules.
(E)
No park operator shall charge any owner who chooses to install an
electric or gas appliance in a home an additional fee solely on the
basis of the installation, unless the installation is performed by
the park operator at the request of the owner, nor shall the park
operator restrict the installation, service, or maintenance of the
appliance, restrict the ingress or egress of repairpersons to the
manufactured home park for the purpose of installation, service, or
maintenance of the appliance, nor restrict the making of any interior
improvement in a home, if the installation or improvement is in
compliance with applicable building codes and other provisions of law
and if adequate utility services are available for the installation
or improvement.
(F)
No park operator shall require a tenant to lease or an owner to
purchase a manufactured or mobile home from the park operator or any
specific person as a condition of or prerequisite to entering into a
rental agreement.
(G)
No park operator shall require an owner to use the services of the
park operator or any other specific person for installation of the
manufactured or mobile home on the residential premises or for the
performance of any service.
(H)
No park operator shall:
(1)
Deny any owner the right to sell the owner's manufactured home within
the manufactured home park if the owner gives the park operator ten
days' notice of the intention to sell the home;
(2)
Require the owner to remove the home from the manufactured home park
solely on the basis of the sale of the home;
(3)
Unreasonably refuse to enter into a rental agreement with a purchaser
of a home located within the operator's manufactured home park;
(4)
Charge any tenant or owner any fee, charge, or assessment, including
a rental fee, that is not set forth in the rental agreement or, if
the rental agreement is oral, is not set forth in a written
disclosure given to the tenant or owner prior to the tenant or owner
entering into a rental agreement;
(5)
Charge any owner any fee, charge, or assessment because of the
transfer of ownership of a home or because a home is moved out of or
into the manufactured home park, except a charge for the actual costs
and expenses that are incurred by the park operator in moving the
home out of or into the manufactured home park, or in installing the
home in the manufactured home park and that have not been reimbursed
by another tenant or owner.
(I)
If the park operator violates any provision of divisions (A) to (H)
of this section, the tenant or owner may recover actual damages
resulting from the violation, and, if the tenant or owner obtains a
judgment, reasonable attorneys' fees, or terminate the rental
agreement.
(J)
No rental agreement shall require a tenant or owner to sell, lease,
or sublet the tenant's or owner's interest in the rental agreement or
the manufactured or mobile home that is or will be located on the lot
that is the subject of the rental agreement to any specific person or
through any specific person as the person's agent.
(K)
No park operator shall enter into a rental agreement with the owner
of a manufactured or mobile home for the use of residential premises,
if the rental agreement requires the owner of the home, as a
condition to the owner's renting, occupying, or remaining on the
residential premises, to pay the park operator or any other person
specified in the rental agreement a fee or any sum of money based on
the sale of the home, unless the owner of the home uses the park
operator or other person as the owner's agent in the sale of the
home.
(L)
A park operator and a tenant or owner may include in a rental
agreement any terms and conditions, including any term relating to
rent, the duration of an agreement, and any other provisions
governing the rights and obligations of the parties that are not
inconsistent with or prohibited by sections 4781.36 to 4781.52 of the
Revised Code or any other rule of law.
(M)
Notwithstanding any other provision of the Revised Code, the owner of
a manufactured or mobile home may utilize the services of a
manufactured housing dealer or broker licensed under Chapter 4781. of
the Revised Code or a person properly licensed under Chapter 4735. of
the Revised Code to sell or lease the home.
Sec.
5301.072.
(A)
No covenant, condition, or restriction set forth in a deed, and no
rule, regulation, bylaw, or other governing document or agreement of
a homeowners, neighborhood, civic, or other association, shall
prohibit or be construed to prohibit any of the following:
(1)
The placement on any property of a flagpole that is to be used for
the purpose of displaying the flag of the United States, the flag of
the state as defined in section 5.01 of the Revised Code,
or
the
national league of families POW/MIA flag
,
or the thin blue line flag
provided the flag and flag pole shall be of an appropriate size,
consistent with the size and character of the buildings that are
subject to the requirements or agreements of a homeowner,
neighborhood, civic, or other association;
(2)
The display on any property of the flag of the United States or the
national league of families POW/MIA flag if the flag is displayed in
accordance with any of the following:
(a)
The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902
governing the display and use of the flag;
(b)
The consent of the property's owner or of any person having lawful
control of the property;
(c)
The recommended flagpole standards set forth in "Our Flag,"
published pursuant to S.C.R. 61 of the 105th Congress, 1st Session
(1998);
(d)
Any federal law, proclamation of the president of the United States
or the governor, section of the Revised Code, or local ordinance or
resolution.
(3)
The display on any property of the state flag as defined in section
5.01 of the Revised Code if the flag is displayed in accordance with
any of the following:
(a)
The consent of the property's owner or of any person having lawful
control of the property;
(b)
Any state law, local ordinance or resolution, or proclamation by the
governor of the state.
(4)
The display of a service flag approved by the United States secretary
of defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces of
the United States. A service flag includes a blue star banner, a gold
star banner, and any other flag the secretary of defense designates
as a service flag.
(5)
The display of a thin blue line flag or emblem on any property on a
flag pole, through the use of a bracket, or in a window if the flag
is displayed in accordance with any of the following:
(a)
The consent of the property's owner or of any person having lawful
control of the property;
(b)
Any state law, local ordinance or resolution, or proclamation by the
governor of the state.
(B)
A covenant, condition, restriction, rule, regulation, bylaw,
governing document, or agreement or a construction of any of these
items that violates division (A) of this section is against public
policy and unenforceable in any court of this state to the extent it
violates that division.
(C)
As used in this section, "thin blue line flag" and "thin
blue line emblem" have the same meanings as in section 4781.40
of the Revised Code.
Sec.
5311.191.
(A)
No declaration, bylaw, rule, regulation, or agreement of a
condominium property or construction of any of these items by the
board of managers of its unit owners association shall prohibit any
of the following:
(1)
The placement of a flagpole that is to be used for the purpose of
displaying, or the display of the flag of the United States or the
national league of families POW/MIA flag on or within the limited
common areas and facilities of a unit owner or on the immediately
adjacent exterior of the building in which the unit of a unit owner
is located, if the flag is displayed in accordance with any of the
following:
(a)
The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902,
governing the display and use of the flag;
(b)
The recommended flagpole standards set forth in "Our Flag,"
published pursuant to S.C.R. 61 of the 105th Congress, 1st Session
(1998);
(c)
Any federal law, proclamation of the president of the United States
or the governor, section of the Revised Code, or local ordinance or
resolution.
(2)
The placement of a flagpole that is to be used for the purpose of
displaying, or the display of the flag of the state as defined in
section 5.01 of the Revised Code on or within the limited common
areas and facilities of a unit owner or on the immediately adjacent
exterior of the building in which the unit of a unit owner is
located, if the flag is displayed in accordance with any state law,
local ordinance or resolution, or proclamation by the governor of the
state;
(3)
The display of a service flag approved by the United States secretary
of defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces of
the United States. A service flag includes a blue star banner, a gold
star banner, and any other flag the secretary of defense designates
as a service flag.
(4)
The display of a thin blue line flag or emblem on a flag pole,
through the use of a bracket, or in a window on or within the limited
common areas and facilities of a unit owner, or on the immediately
adjacent exterior of the building in which the unit of a unit owner
is located, if the flag or emblem is displayed in accordance with any
state law, local ordinance or resolution, or a proclamation by the
governor of the state.
(B)
Any display of the flag of the United States
or
,
the
national league of families POW/MIA flag,
or the thin blue line flag
shall use a flag or flag pole of an appropriate size, consistent with
the size and character of the condominium buildings and common areas.
(C)
A declaration, bylaw, rule, regulation, or agreement or the
construction of any of these items that violates division (A) of this
section is against public policy and unenforceable in any court of
this state to the extent it violates that division.
(D)
As used in this section, "thin blue line flag" and "thin
blue line emblem" have the same meanings as in section 4781.40
of the Revised Code.
Sec.
5321.131.
(A)
No landlord shall include any restriction in a rental agreement
against, or otherwise prohibit on a tenant's rental property, any of
the following:
(1)
The display of the flag of the United States or the national league
of families POW/MIA flag if the flag is displayed in accordance with
any of the following:
(a)
The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902,
governing the display and use of the flag;
(b)
Federal law, state law, or any local ordinance or resolution;
(c)
A proclamation of the president of the United States or the governor
of the state.
(2)
The display of the state flag as defined in section 5.01 of the
Revised Code if the flag is displayed in accordance with state law,
any local ordinance or resolution, or proclamation by the governor of
the state;
(3)
The display of a service flag approved by the United States secretary
of defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces of
the United States. A service flag includes a blue star banner, a gold
star banner, and any other flag the secretary of defense designates
as a service flag.
(4)
The display of a thin blue line flag or emblem on a flag pole,
through the use of a bracket, or in a window if displayed in
accordance with any state law, local ordinance or resolution, or
proclamation by the governor of the state.
(B)(1)
A tenant who requests to display the flag of the United States
or
,
the
national league of families POW/MIA flag
,
or a thin blue line flag
at the rental property as provided in
division
divisions
(A)(1)
and (4)
of this section through the use of a flag pole shall contact the
landlord with reasonable notice before installation of the flag pole
to discuss the following:
(a)
Placement in compliance with any local zoning restrictions and the
required underground utility service requests (OUPS);
(b)
Cost of the materials and installation;
(c)
Installation in a workerlike manner if installed at the tenant's
request and expense;
(d)
Any lighting required to comply with division (A)(1)(a) of this
section;
(e)
The appropriate size of the flag and flag pole, which shall be
consistent with the size and character of the building.
(2)
A tenant who requests to display the flag of the United States
or
,
the
national league of families POW/MIA flag
,
or a thin blue line flag
at the rental property as provided in
division
divisions
(A)(1)
and
(4)
of
this section through the use of a bracket to be permanently affixed
to the unit, shall contact the landlord with reasonable notice before
installation of the bracket to discuss the following:
(a)
Placement in compliance with any local zoning restrictions;
(b)
Cost of the materials and installation;
(c)
Preferred location of the bracket with installation to be performed
in a workerlike manner if installed at the tenant's request and
expense;
(d)
Any lighting required to comply with division (A)(1)(a) of this
section;
(e)
The appropriate size of the flag and flag pole, which shall be
consistent with the size and character of the building.
(C)
A landlord who does not receive the notifications required under
division (B) of this section is not liable for any damages, fines, or
costs associated with any issues arising from the placement of the
flag pole or the bracket by the tenant.
(D)
Any violation of this section is against public policy and
unenforceable. Any provision of a rental agreement that violates this
section is an unconscionable term under section 5321.14 of the
Revised Code.
(E)
Nothing in division (B) of this section exempts a tenant from a
provision in a lease agreement that requires a tenant, at the
termination of a lease, to return the premises in the same condition
as they were in when the tenant took possession.
(F)
As used in this section, "thin blue line flag" and "thin
blue line emblem" have the same meanings as in section 4781.40
of the Revised Code.
Section
2.
That
existing sections 4781.40, 5301.072, 5311.191, and 5321.131 of the
Revised Code are hereby repealed.
Section
3.
This
act shall be known as the Chief Steven DiSario Act.