An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, providing for manufactured homes; consolidating the Manufactured Home Community Rights Act; establishing the Office of Manufactured Home Ombudsman, the position of Manufactured Home Ombudsman, the Manufactured Home Hearing Board and the Manufactured Home Restricted Account; imposing duties on the Department of Community and Economic Development; and making a repeal.

PRINTER'S NO. 2697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2098
Session of
2025
INTRODUCED BY CIRESI, GUZMAN, HILL-EVANS, FREEMAN, SANCHEZ,
CEPEDA-FREYTIZ AND BRENNAN, DECEMBER 10, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
DECEMBER 11, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for
manufactured homes; consolidating the Manufactured Home
Community Rights Act; establishing the Office of Manufactured
Home Ombudsman, the position of Manufactured Home Ombudsman,
the Manufactured Home Hearing Board and the Manufactured Home
Restricted Account; imposing duties on the Department of
Community and Economic Development; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 83
MANUFACTURED HOMES
Subchapter
A. Preliminary Provisions
B. Manufactured Home Community Rights
C. Manufactured Home Ombudsman and Hearing Board
SUBCHAPTER A
PRELIMINARY PROVISIONS
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Sec.
8301. Scope of chapter.
8302. Definitions.
§ 8301. Scope of chapter.
This chapter relates to manufactured homes.
§ 8302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Office of Attorney General.
"Eviction." The removal of a lessee, occupant or
manufactured home from a community in accordance with an order
of possession by a court of the Commonwealth pursuant to:
(1) the relevant provisions of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of
1951; or
( 2) a similar order of a court of common pleas.
"First-time lessee." A resident who places or causes to be
placed a manufactured home in a community.
"Manufactured home." As follows:
(1) A transportable, single-family dwelling unit that:
(i) contains plumbing, heating or cooling and
electrical systems intended for permanent occupancy;
(ii) is constructed as a single unit or as two or
more units designed to be joined into one integral unit;
(iii) is built on a permanent chassis; and
(iv) is designed to be used as a dwelling with or
without a permanent foundation when connected to the
required utilities.
(2) T he term includes:
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(i) A manufactured home as defined in section 603(6)
of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (Public Law 93-383, 42
U.S.C. § 5402(6)).
(2) A mobile home as defined in 75 Pa.C.S. § 102
(relating to definitions).
"Manufactured home community" or "community." As follows:
(1) A site, lot, field or tract of land, privately or
publicly owned or operated, upon which three or more
manufactured homes, occupied for dwelling or sleeping
purposes, are or are intended to be located, regardless of
whether or not a charge is made for the accommodation.
(2) The term includes a mobile home park.
"Manufactured home community lessee" or "lessee." A person
who rents a manufactured home community space from a lessor
pursuant to the terms of a lease.
"Manufactured home community lessor" or "lessor." The owner
or operator of a community who rents a manufactured home space
to a lessee pursuant to the terms of a lease and who is
responsible for the performance of the terms of the lease.
"Manufactured home community operator" or "community
operator." A person or entity that conducts the operations of a
community on behalf and as the agent of a community owner.
"Manufactured home community owner" or "community owner." A
person or entity that owns a community.
"Manufactured home occupant." An individual who resides in a
manufactured home.
"Manufactured home resident" or "resident." As follows:
(1) An owner of a manufactured home who leases or rents
space in a community.
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(2) The term does not include a person who rents or
leases a manufactured home.
"Manufactured home space." A plot of ground within a
community designed for the accommodation of one manufactured
home.
"Manufactured home space lease." A written contract between
a lessee and a community owner containing reciprocal rights and
duties, including the payment of rent for the use of ground for
the placement of a manufactured home in a community.
"Manufactured home tenant" or "tenant." A person who leases
a manufactured home from the owner of that manufactured home.
"Receipted first-class mail." As follows:
(1) First-class mail for which a certificate of mailing
has been obtained.
(2) The term does not include certified or registered
mail.
"Rent." Ground rent for a manufactured home space.
"Resident association." An organization open to all
residents of a community, whether the organization is structured
as a cooperative, a corporation or otherwise.
"Rules and regulations." Policies and guidelines established
by a community owner that relate to community living.
"Service charges." Charges for electricity, gas service
which is underground and piped directly to individual units
within a community, trash removal, sewage , water, Internet,
cable and all other utilities .
SUBCHAPTER B
MANUFACTURED HOME COMMUNITY RIGHTS
Sec.
8311. Scope of subchapter.
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8312. Evictions.
8313. Community rules and regulations.
8314. Written lease.
8315. Underskirting and tie-down equipment.
8316. Disclosure of fees.
8317. Appliance installation fees.
8318. Entrance and exit fees.
8319. Installation and removal fees.
8320. Other fees.
8321. Determination of abandonment.
8322. Abandoned manufactured homes.
8323. Immunity from liability.
8324. Sale of manufactured homes.
8325. Sale or lease of communities.
8326. Closure of communities.
8327. Notice requirements in event of closure of community.
8328. Waiver of rights.
8329. Damages.
8330. Restraining prohibited acts.
8331. Enforcement.
8332. Retaliatory evictions.
8333. Remedies.
§ 8311. Scope of subchapter.
This subchapter relates to manufactured home community
rights.
§ 8312. Evictions.
(a) Permissible reasons.--A community owner may terminate or
refuse to renew the lease of a lessee or may evict a lessee and
manufactured home occupants only for one of the following
reasons:
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(1) Nonpayment of rent.
(2) A second or subsequent violation of the rules of the
community occurring within a six-month period.
(3) A change in use of the community land or parts
thereof.
(4) Termination of the community.
(b) Eviction procedures.--A lessee may only be evicted in
accordance with the following procedure:
(1) The lessee may not be evicted by any self-help
measure.
(2) Prior to the commencement of an eviction proceeding
or the termination of or failure to renew the lease of the
lessee , the community owner shall notify the lessee in
writing of the particular breach or violation of the lease or
community rules by certified or registered mail. The
following apply to notices:
(i) In the case of nonpayment of rent, the notice
shall state that an eviction proceeding may be commenced
if the lessee does not pay the overdue rent:
(A) Within 20 days from the date of service if
the notice is given on or after April 1 and before
September 1.
(B) Within 30 days if given on or after
September 1 and before April 1 or an additional
nonpayment of rent occurring within six months of the
giving of the notice may result in immediate eviction
proceedings.
(ii) In the case of a breach of the lease or
violation of the community rules, other than nonpayment
of rent, the notice shall describe the particular breach
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or violation. The following procedures apply:
(A) Unless the lessee has been notified as
required by this section:
(I) An eviction action may not be commenced.
(II) A community owner may not terminate or
refuse to renew the lease of the l essee .
(B) Upon a second or subsequent violation or
breach occurring within six months, a community owner
may commence eviction proceedings at any time within
60 days of the last violation or breach.
(c) Unequal treatment.--If there is proof that the rules
that a lessee is accused of violating are not enforced with
respect to the other lessees or nonresidents on the premises of
the manufactured home:
(1) The lessee may not be evicted.
(2) The community owner may not terminate or refuse to
renew the lease of the lessee.
§ 8313. C ommunity rules and regulations.
(a) Conditions.--A community owner may at any time establish
fair and reasonable rules and regulations reasonably related to
the health, safety and upkeep of the community, if the rules and
regulations are:
(1) not arbitrary or capricious;
(2) included in any written lease;
(3) delivered to existing lessees; and
(4) posted in the public portion of the community office
or other conspicuous and readily accessible place in the
community.
(b) Uniform application.--All rules or rental charges shall
be uniformly applied to all lessees or prospective manufactured
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home occupants of the same or similar category.
(c) Copy of rules and regulations.--
(1) Each lessee shall be provided with a written copy of
the rules and regulations of the community prior to the
community owner's or community operator's acceptance of any
initial deposit, fee or rent.
(2) A copy of this subchapter shall be posted in the
public portion of the community office or other conspicuous
and readily accessible place in the community.
(3) A copy of the following notice shall be reproduced
in capital typewritten letters or in 10-point boldface print
and be given to each resident upon entering into the lease.
IMPORTANT NOTICE REQUIRED BY LAW
The rules set forth below govern the terms of your
lease or occupancy agreement with this manufactured home
community. The law requires all of these rules to be fair
and reasonable.
A s a lessee, you may continue to stay in this
community as long as you pay your rent and other
reasonable fees, service charges and assessments
hereinafter set forth and abide by the rules of the
community. Entrance and exit fees may not be charged.
Installation and removal fees may not be charged in
excess of the actual cost to the manufactured home
community owner or operator for providing such service
for the installation or removal of a manufactured home in
a manufactured home space.
A s a lessee, you may be evicted for any of the
following reasons:
(1) Nonpayment of rent.
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( 2) A second or subsequent violation of the
rules of the manufactured home community occurring
within a six-month period.
(3) If there is a change in use of the community
land or parts thereof.
(4) Termination of manufactured home community.
A s a lessee, you shall only be evicted in accordance
with the following procedure:
(1) A lessee shall not be evicted by any self-
help measure.
( 2) Prior to the commencement of any eviction
proceeding, the manufactured home community owner
shall notify the lessee in writing of the particular
breach or violation of the lease or community rules
by certified or registered mail.
(i) In the case of nonpayment of rent, the
notice shall state that an eviction proceeding
may be commenced if the manufactured home lessee
does not pay the overdue rent within 20 days from
the date of service if the notice is given on or
after April 1 and before September 1, and 30 days
if given on or after September 1 and before April
1 or an additional nonpayment of rent occurring
within six months of the giving of the notice may
result in immediate eviction proceedings.
(ii) In the case of a breach of the lease or
violation of the community rules, other than
nonpayment of rent, the notice shall describe the
particular breach or violation. No eviction
action shall be commenced unless the lessee has
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been notified as required by this section, and
upon a second or subsequent violation or breach
occurring within six months, the manufactured
home community owner may commence eviction
proceedings at any time within 60 days of the
last violation or breach.
As a lessee, you shall not be evicted when there is
proof that the rules you as the lessee are accused of
violating are not enforced with respect to the other
manufactured home residents or nonresidents on the
community premises.
In addition, no eviction proceeding for nonpayment of
rent may be commenced against you as the lessee until you
have received notice by certified or registered mail of
the nonpayment and have been given to pay the overdue
rent 20 days from the date of service if the notice is
given on or after April 1 and before September 1, and 30
days if given on or after September 1 and before April 1.
However, only one notice of overdue rent is required to
be sent to you as the lessee during any six-month period.
If a second or additional violation occurs within six
months from the date of the first notice then eviction
proceedings may be immediately started against you.
You are entitled to purchase goods or services from a
seller of your choice and the community owner shall not
restrict your right to do so.
If you desire to sell your manufactured home, the
manufactured home community owner may not prevent the
sale and may not claim any fee in connection therewith,
unless there exists a separate written fee agreement.
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However, the manufactured home community owner may
reserve the right to approve the purchaser as a resident
in the manufactured home community.
Enforcement of the manufactured home community rights
provisions under 68 Pa.C.S. Ch. 83 Subch. B is by the
Attorney General of the Commonwealth of Pennsylvania or
the District Attorney of the county in which the
manufactured home community is located. As a lessee, you
may also bring a private cause of action. If your rights
are violated you may contact the State Bureau of Consumer
Protection or your local District Attorney.
§ 8314. Written lease.
(a) Conditions.--Every lease for a manufactured home space
shall be:
(1) In writing.
(2) For a duration term of one month , unless a longer
period is mutually agreed upon by both the lessee and
community owner.
(3) Renewable .
(b) Ground rents.--Rents for a mobile home site, commonly
known as ground rents, shall not change more than once in a 12-
month period.
(c) Renewal.--For each lease period over 60 days prior to
the expiration of the term of a community lease, the community
owner shall offer the lessee a renewal lease for the same term
and with the same provisions as the original agreement, unless
the community owner notifies the lessee in writing of any
changes, at least 60 days prior to the expiration of the lease.
§ 8315. Underskirting and tie-down equipment.
(a) Designation.--Subject to subsection (b), a community
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owner or community operator may designate the type of material
or manner of installation for underskirting, awnings, porches,
fences or other additions and alterations to the exterior of the
manufactured home and tie-down equipment compliant with all
applicable requirements of the act of November 29, 2004
(P.L.1282, No.158), known as the Manufactured Housing
Improvement Act, and the act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code Act, in
order to ensure the safety and good appearance of the community.
(b) Prohibition.--A resident may not be required to purchase
the equipment described under subsection (a) from a supplier
designated by the community owner or community operator.
§ 8316. Disclosure of fees.
(a) Disclosure to lessees.--
(1) All rent, fees, service charges and assessments
payable to the community owner and utility charges for water,
sewer, trash, Internet, cable, electricity and fuel charges
payable to the community owner and notice of any other
utility charges for which the lessee may be responsible shall
be fully disclosed in writing to a prospective lessee prior
to the community owner's or community operator's acceptance
of any initial deposit, fee or rent and prior to execution of
the manufactured home space lease .
(2) For current residents, the community owner or
community operator shall fully disclose all rent, fees,
service charges and assessments payable to the community
owner and utility charges for water, sewer, trash, cable,
electricity and fuel charges payable to others in writing
prior to the execution of a mandatory lease of at least one
month in duration.
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(b) Receipt.--A community owner may require that a
prospective lessee or current lessee sign a receipt indicating
receipt of a copy of the required disclosure and the community
rules and regulations so long as these documents are clearly
identified in the receipt itself. The receipt shall indicate
nothing more than that the documents identified in the receipt
have been received by the lessee .
(c) Failure to disclose.--
(1) Failure to disclose rent, fees, service charges and
assessments in accordance with this section shall render them
void and unenforceable in the courts of this Commonwealth.
(2) Subject to paragraph (3), increases in rent, fees,
service charges and assessments payable to the community
owner shall be unenforceable until 30 days after notice
thereof has been posted in the public portion of the
community office or other conspicuous and readily accessible
place in the community and mailed to the lessee .
(3) Notwithstanding paragraph (2), rent may not be
increased during the term of the lease.
(d) Written disclosure.--The written disclosure under this
section shall contain a cover sheet with the following statement
in 12-point, sans-serif type, except the term "five days" in the
final paragraph of the notice shall appear in 16-point, sans-
serif, bold type:
This document contains important information regarding
your legal rights and your financial obligations in leasing
or renewing or signing a new lease for a manufactured home
space. Make sure that you read the entire document and seek
legal advice if you have any questions regarding the
information stated in this document.
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Th e statements contained in this disclosure are only
summary in nature. A prospective lessee should refer to all
references, including all lease or rental agreement documents
as well as any rules and regulations that have been
established for the manufactured home community. Oral
representations should not be relied on as correctly stating
the representations of the manufactured home community owner
or operator. Instead, you should refer to the lease or rental
agreement and required disclosure documents for correct
representations. You should also refer to 68 Pa.C.S. Ch. 83
Subch. B to become familiar with your obligations and rights
as a manufactured home resident.
You have five calendar days from the date you received
this documentation to cancel your agreement in writing to the
manufactured home community owner or operator.
(e) Specific disclosures.--All new leases, lease extensions
and lease renewals that are for more than a 60-day period shall
contain the following full disclosures:
(1) The manner in which utility and other services,
including sewage and waste disposal, cable television, water
supply and storm drainage, will be provided, and the entity
providing them. The services and the lot rental amount or
user fees charged by the community owner for the services
provided by the community owner shall also be disclosed.
(2) An explanation of the manner in which the
manufactured home space rental amount will be increased,
including notification to the lessee at least 60 days in
advance of the increase.
(3) Disclosure of any factors that may affect the lot
rental amount, including:
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(i) Water rates.
(ii) Sewer rates.
(iii) Waste disposal rates.
(iv) Maintenance costs, including costs of deferred
maintenance.
(v) Management costs.
(vi) Property taxes.
(vii) Major repairs or improvements.
(viii) Any other fees, costs, assessments or service
charges that the lessee is required to pay or that the
community owner or community operator intends to charge
during the terms of the lease or rental agreement.
(4) Disclosure of the manner in which the pass-through
charges will be assessed.
( 5) A report of the utility fees charged for the
manufactured home space paid to the community owner by a
prior lessee during the previous 12 months .
(6) Disclosure of all service charges currently charged
for services offered that the lessee may elect to incur and
the manner in which the fees will be increased.
(7) Any community rules and regulations that have been
established and an explanation of the manner in which the
rules and regulations will be set, changed or promulgated.
(8) The rent history of the manufactured home space for
the three full calendar years immediately preceding the
prospective initial rental agreement date. The following
apply:
(i) The rent history shall be for basic manufactured
home space rental only and shall not apply to other fees,
including late charges and guest fees.
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(ii) The calculation of rent history shall be posted
in the public portion of the community's rental office or
other conspicuous and readily accessible place and in the
same place as any rules and regulations that have been
established for the community are posted.
(9) Citations or other documents from Federal, State or
local governmental agencies that require the community owner
to take corrective action, including citations from the
Department of Environmental Protection regarding water and
sewage. The information under this paragraph shall also be
posted within the community in the same place as community
rules and regulations are displayed until the corrective
action has been completed.
§ 8317. Appliance installation fees.
A community owner or community operator may not:
(1) Restrict the making of interior improvements in a
manufactured home if the improvements are in compliance with
applicable building codes and other provisions of law.
(2) Restrict the installation, service or maintenance of
an electric or gas appliance in a manufactured home or charge
a fee for the installation unless the fee reflects the actual
cost to the community owner or community operator of the
installation or its use.
§ 8318. Entrance and exit fees.
Entrance and exit fees may not be charged.
§ 8319. Installation and removal fees.
(a) Amount.--Any fee charged by a community owner for the
installation or removal of a manufactured home in a manufactured
home space shall not exceed the actual cost to the community
owner or community operator for providing the service.
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(b) Refunds.--
(1) Fees described in subsection (a) shall be refundable
to the lessee at the time of removal if the community owner
or community operator acts to recover possession of the space
for reasons other than nonpayment of rent or breach of a
condition of the lease within one year of the initial
installation of the manufactured home.
(2) Failure to refund fees in accordance with this
section shall entitle the lessee to recover treble the amount
of the fees plus court costs and reasonable attorney fees.
(c) Effect of limitations.--Limitations on the type of
installation fee described in this section shall not bar the
community owner or community operator from requiring a
reasonable security deposit in accordance with the act of April
6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of
1951.
§ 8320. Other fees.
(a) General rule.--Except as provided in subsection (b), in
accordance with a lessee's right to invite to the lessee's
manufactured home social and business visitors as the lessee
wishes, a fee may not be charged for overnight visitors or
guests occupying the lessee's manufactured home.
(b) Exception.--If overnight visitors or guests of a lessee
frequently remain overnight for residential purposes so as to
increase the number of individuals normally living in the
lessee's manufactured home, the community owner or community
operator may revise the rent due to conform to the rent paid by
other lessees with a similar number of members in their
household.
§ 8321. D etermination of abandonment.
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(a) Judicial process or voluntary abandonment.--A lessee or
resident shall be deemed to have abandoned a manufactured home
and all personal property in the manufactured home only after
either:
(1) Judicial process, which shall include all of the
following:
(i) T he entry of a judgment for possession in favor
of the community owner or community operator in
accordance with applicable law.
(ii) The execution of an order for possession, or
equivalent process, on the judgment for possession.
(iii) A determination by a magisterial district
court or other court of competent jurisdiction that the
manufactured home and personal property in the
manufactured home have been abandoned.
(2) V oluntary abandonment, as evidenced by a written
statement from the lessee or resident stating that the lessee
or resident has physically or permanently vacated the
manufactured home, does not intend to return to the
manufactured home and has given up all further rights or
ownership interest.
(b) Preponderance of evidence and factors.--The
determination of abandonment of a manufactured home shall be
based on a preponderance of the evidence of the lessee's absence
from the manufactured home for at least 30 days and nonpayment
of rent for at least 30 days from the date that the rent is due,
together with one or more of the following:
(1) Termination of electric or water service to the
manufactured home and other utility or payment of services to
the community owner.
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(2) Cancellation of insurance for the manufactured home.
(3) Removal of most or all personal property from the
manufactured home.
(4) Any other indicia of abandonment.
(c) Court authority.--In accordance with 42 Pa.C.S. §
1515(a)(7) (relating to jurisdiction and venue), a magisterial
district court shall have jurisdiction to determine if a
manufactured home has been abandoned and shall make a
determination as to whether a manufactured home has been
abandoned if the issue is presented.
(d) Effect of abandonment determination.--A determination by
the court that a manufactured home has been abandoned shall give
the community owner the same rights as an entity that has been
granted a judgment for possession.
§ 8322. Abandoned manufactured homes.
(a) Actions in case of abandonment.--If a resident abandons
a manufactured home, the community owner or other authorized
person may:
(1) (i) Enter the manufactured home and secure any
appliances, furnishings, materials, supplies or other
personal property in the manufactured home.
(ii) D isconnect the manufactured home from any
utilities.
( iii) Otherwise exercise ordinary care in relation
to the manufactured home and personal property, including
promptly disposing of perishable food and contacting an
animal control agency or humane society to remove any
abandoned pets.
(2) Move the manufactured home, any personal property
inside the manufactured home and personal property located
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within the community that is believed to belong to the
resident to a storage area within the community or to another
location deemed necessary and proper without the requirement
of obtaining a removal permit for the manufactured home from
the local taxing authority, which would otherwise be required
under 53 Pa.C.S. § 8821(d) (relating to assessment of mobile
homes and manufactured homes). The following apply:
(i) Prior to moving the manufactured home and
personal property, the community owner shall notify th e
former manufactured home resident by mail and by posting
on the manufactured home and at any other known address
or by any other means by which notice may be achieved.
The notice must state that the manufactured home and
personal property, if applicable, will be moved 60 days
after the date of notice and must inform the former
resident of the new location of the manufactured home and
personal property.
( ii) The manufactured home shall continue to be
subject to t he lien for taxes assessed against it, but
the real estate on which the manufactured home was and is
located shall not be encumbered by or be subject to the
lien.
(3) Assess removal charges and storage charges against
the former manufactured home residents.
(4) Dispose of the personal property or manufactured
home, or both, in accordance with the procedures specified in
subsection (d). The following apply:
(i) If the personal property or manufactured home is
sold, the proceeds from the sale shall be distributed in
the following order:
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(A) To pay the costs of moving, storing and
selling the personal property or manufactured home.
(B) T o pay all back rent due and all other
amounts due to the community owner.
(C) To pay all outstanding taxes on the
manufactured home.
(D) To pay all outstanding liens on the
manufactured home.
(ii) Any amount still remaining from the sale after
payment of the items in subparagraph (i) shall be paid to
the resident. If the resident's whereabouts are unknown,
any amount due and payable to the resident shall be paid
to the Commonwealth as required by Article XIII.1 of the
act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code.
(b) Liability.--Upon proper disposal of the personal
property and the manufactured home, the purchaser or community
owner, and any person acting for or on behalf of the purchaser
or community owner, shall not be liable for any outstanding
taxes or liens on the manufactured home.
(c) Loss, damage or charges.--The community owner or other
authorized person acting in good faith to comply with the
requirements of this section shall not be responsible for any
loss or damage to a manufactured home, personal property inside
the manufactured home or within the community or for any fees,
assessments or other charges of any kind relating to the
abandoned manufactured home unless the community owner failed to
provide the notice required under this section or failed to
exercise due care of the manufactured home or personal property.
(d) Notice generally.--
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(1) The community owner or other authorized person may
dispose of the manufactured home and personal property after
first giving written notice to the resident and any
lienholder. The notice shall be:
(i) Sent by certified mail, return-receipt
requested, or by receipted first class mail, to the
resident's last known address, which may be the address
of the premises, and at any alternate address or
addresses if known to the community owner or other
authorized person, including the address of emergency
contacts if provided.
(ii) Posted in a conspicuous location in the
community.
(2) The notice of removal required under subsection (a)
(2)(i) and the notice of disposal required under paragraph
(1) may be combined in one notice.
(e) Contents of notice.--The notice required under this
section shall state the following:
(1) The manufactured home and contents are considered
abandoned and, to avoid the sale or other disposal of the
manufactured home, the manufactured home and contents must be
claimed and removed from the premises in the community, the
storage area or place of storage within 60 days after the
date of mailing of the notice.
( 2) If the manufactured home and contents are not
claimed and removed within the time specified in the notice:
(i) the owner or other authorized person may sell
the manufactured home at public or private sale with or
without additional notices; or
(i i) if it is reasonably determined by the community
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owner or other authorized person that the value of the
property is so low that the cost of storage and
conducting a sale would e xceed the amount that would be
realized from the sale of the manufactured home, the
manufactured home may be destroyed or discarded.
(3) (i) Within the time provided in the notice, the
resident may claim the manufactured home by notifying the
community owner or other authorized person in writing
that the manufactured home will be claimed and removed
within the time provided in the notice or a later time as
is mutually agreed to by the community owner or other
authorized person and the resident.
(ii) If the resident fails to claim and remove the
manufactured home within the time specified in the notice
or the later time, the manufactured home shall be
conclusively deemed abandoned, and the community owner or
other authorized person shall be entitled to proceed to
sell or otherwise dispose of the manufactured home.
(f) Notice to Department of Transportation.--When a
community owner or other authorized person disposes of the
manufactured home, notice of disposal shall be sent to the
Department of Transportation, addressed to the Bureau of Motor
Vehicles, Vehicle Registration Division or other office or
bureau as is designated by the Department of Transportation.
(g) Actions by Department of Transportation.--
(1) When a manufactured home is sold under this section,
the Department of Transportation shall, upon proof of sale
and purchase, notwithstanding any provision of 75 Pa.C.S.
(relating to vehicles), issue a certificate of title to the
purchaser evidencing no encumbrances.
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(2) If the manufactured home is not sold but is
destroyed or discarded because the value of the manufactured
home was determined to be so low that the storage and sale
would exceed the amount to be realized in the sale, the
Department of Transportation shall, upon receiving notarized
documentation that the manufactured home was de stroyed or
discarded, make an appropriate notation on its recordkeeping
system that the manufactured home has been destroyed or
discarded and that no certificate of title should again be
issued for the manufactured home.
(3) The Department of Transportation may create and use
a special form for the process under this subsection but may
not impose any other requirements for compliance with this
provision to be fulfilled.
(h) Vacant space.--
(1) When a manufactured home is moved to a storage area
or another location or is disposed of as provided for by this
section and the space on which that manufactured home
previously was located is vacant, the community owner or
other authorized person may lease that space to a new
resident or otherwise locate another manufactured home on
that space.
(2) The municipality o r taxing district in which the
community is located may not:
(i) Prevent the occupancy of the space described in
paragraph (1) by another manufactured home.
(ii) Attach any conditions to the occupancy that are
not applicable to a new resident locating in a space made
vacant by circumstances other than abandonment.
(i) Liability for taxes, fees, assessments and other
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charges.--
(1) If a manufactured home is moved to a storage area or
another location or is disposed of as provided for in this
section, the real estate on which the manufactured home was
or is located, the community or the purchaser of the
manufactured home shall not be liable for any taxes, fees,
assessments or other charges imposed by the municipality or
taxing district on the manufactured home.
( 2) Liability for taxes assessed and imposed on a
resident or liability to satisfy a lien for taxes shall
continue to be the responsibility of the resident and shall
not be a ssessed and imposed on the real estate on which the
manufactured home was or is located, the community or the
purchaser of the manufactured home, all of which is as
provided for in the act of May 22, 1933 (P.L.853, No.155),
known as The General County Assessment Law, or in 53 Pa.C.S.
Ch. 88 (relating to consolidated county assessment).
(3) A government entity may not refuse to issue or delay
issuing any permits, licenses or other required authorities
to the community, community owner, purchaser or any new
tenant or resident attempting to locate or lease a
manufactured home on the property where the abandoned home
was located solely because of tax liability on the abandoned
home.
§ 8323. Immunity from liability.
A community owner who complies with the procedures under this
subchapter shall be immune from liability with regard to or as a
consequence of the sale, disposal or destruction of an abandoned
manufactured home and any contents in the manufactured home or
otherwise in the community or associated with the home except as
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otherwise specifically specified in this subchapter.
§ 8324. Sale of manufactured homes.
(a) Requirements.--
(1) A rule, regulation or condition of a lease
purporting to prevent the sale of a manufactured home
belonging to a lessee shall be void and unenforceable in the
courts of this Commonwealth.
(2) A community owner or community operator may reserve
the right to approve the purchaser of the manufactured home
as a lessee , but the approval may not be unreasonably
withheld.
(3) A claim for a fee or commission in connection with
the sale of a manufactured home shall be void and
unenforceable unless the claimant shall in fact have acted as
a bona fide licensed manufactured home sales agent for the
manufactured home owner pursuant to a separate written fee
agreement.
(b) Disclosure and notice.--Prior to a lessee or occupant in
a community offering a manufactured home for sale, the lessee or
occupant must obtain from the community operator the then-
current disclosure document required by this subchapter and
provide a copy to any prospective buyer along with an attached
sheet of paper with the following information printed in 12-
point boldfaced type:
Be advised that this manufactured home offered for sale
is subject to 68 Pa.C.S. Ch. 83 Subch. B and a written
lease required under that law. You are advised that the
community in which this home is now placed requires an
approved application for lessees and occupants and a
fully executed lease prior to your right to reside in the
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community.
You shall have a minimum of five calendar days after
receiving this disclosure required under 68 Pa.C.S. Ch.
83 Subch. B to void the transaction with the operator, if
any, and, if terminated, you shall be returned any
deposits and rents paid to the operator of the community.
(c) Grounds for cancellation.--Failure of the resident
seller to obtain a dated acknowledgment from the prospective
buyer of the manufactured home of receipt of the disclosure may
be grounds for cancellation of the sale by the buyer.
§ 8325. Sale or lease of communities.
(a) Notice of sale or lease.--In the event of the sale or
lease of a community, a community owner shall provide written
notice to the residents and tenants of the community and to the
Pennsylvania Housing Finance Agency. The notice shall be:
(1) Sent within 30 days after the agreement of sale is
signed.
(2) Posted in the same conspicuous and readily
accessible place in the community where the community rules
and regulations are posted, in accordance with section 8313
(relating to community rules and regulations).
(b) Notice of name and contact information.--Within 30 days
of transfer of title to the community, the new community owner
shall notify the residents and tenants of the name of the new
community owner and contact information for either the new
community owner or new community operator. The notice shall be:
(1) Mailed to each resident and tenant of the community.
(2) Posted immediately in the same conspicuous and
readily accessible place in the community where the community
rules and regulations are posted, in accordance with section
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8313.
§ 8326. Closure of communities.
(a) Notice of closure.--In the event of the closure of a
community, in whole or in part, the community owner shall:
(1) W ithin 60 days of deciding to close the community,
provide written notice, which shall:
(i) Be given to:
(A) The residents and tenants of the community.
(B) The resident association, if one exists.
(C) The Pennsylvania Housing Finance Agency.
(D) The municipality where the community is
located.
(ii) Include:
(A) The estimated date that residents and
tenants will be expected to vacate the community,
which shall be no less than 180 days from the date of
the notice.
(B) The estimated date that the community will
be closed.
(2) Notify any prospective resident in writing, prior to
leasing a manufactured home space, and any known prospective
tenant, prior to leasing a manufactured home in a community ,
of the scheduled closing date.
(b) Offer to purchase.--A community owner shall consider any
offer to purchase the community made by a resident association
representing at least 25% of the manufactured home spaces or by
a nonprofit corporation, including a community development
corporation, housing authority or redevelopment authority acting
at the request of the residents of at least 25% of the spaces
and shall negotiate in good faith with the entity submitting the
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offer.
(c) Relocation expenses.--A community owner shall pay
relocation expenses to the owner of a manufactured home in a
community that is closing in an amount equivalent to the cost of
relocation, not to exceed the amount of $4,000 for a single
section manufactured home and $6,000 for a multisection
manufactured home. The amounts stated in this subsection shall
be adjusted annually by the Department of Community and Economic
Development to reflect any increase in the Consumer Price Index.
(d) Replacement site.--A community owner shall pay a minimum
of $2,500 or the appraised value, whichever is greater, of any
manufactured home to the resident of the manufactured home upon
the closure of the community if the resident is unable or
unwilling to find a reasonably suitable replacement site. The
following apply:
(1) The appraised value must be provided by a certified
residential real estate appraiser with substantial experience
in appraising manufactured homes who is mutually agreed to by
the community owner and resident.
(2) If the parties cannot agree on an appraiser, each
shall select an appraiser, and the two appraisers shall
select the appraiser to perform the appraisal.
(3) The community owner and resident shall each pay half
of the cost for the appraisal.
(4) Notwithstanding the provisions of this subsection,
the community owner and resident may mutually agree upon a
price for the sale of the manufactured home.
(e) Condemnation, eminent domain or other governmental
action.--If a community is closed because of a condemnation,
action in eminent domain or other governmental action, the
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manufactured home residents shall not be entitled to payments
specified in subsections (c) and (d), but shall be entitled to
the rights and remedies available under laws relating to
condemnation, eminent domain or other governmental action.
(f) Right to terminate.--A tenant who rents a manufactured
home in a community shall have the right to terminate the lease
without penalty upon receiving notice of the planned closing of
the community.
(g) Removal and disposal and assignment of title.--
(1) A resident shall not be required to remove the
manufactured home from the land when a community closes and
shall not be liable for the costs of removing or disposing of
the manufactured home.
(2) The community owner may require a resident who is
leaving a manufactured home in the community to assign the
title to the community owner. If the resident refuses to make
the assignment, the community owner may proceed under section
8321 (relating to determination of abandonment).
§ 8327. Notice requirements in event of closure of community.
(a) Sending of notice.--The notice given to the Pennsylvania
Housing Finance Agency under section 8326 (relating to closure
of communities) shall be sent by certified mail and shall be
addressed to the legal department of the Pennsylvania Housing
Finance Agency.
(b) Notice of list.--
(1) No later than December 24, 2012, the Pennsylvania
Housing Finance Agency shall transmit notice to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin and shall post
on its publicly accessible Internet website that it is
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compiling a list of parties interested in receiving copies of
any notice received by it under sections 8325 (relating to
sale or lease of communities) and 8326 and inviting the
parties to provide their contact information to receive
notices of community sales or closures. Interested parties
may indicate their region of this Commonwealth or that they
operate Statewide.
( 2) The Pennsylvania Housing Finance Agency shall send
copies of notices it receives under this section to parties
on the list that are Statewide or within the region the
parties identify. Notices shall be sent by regular mail or by
electronic mail within 10 calendar days of the legal
department's receipt of a notice.
(3) Nothing in this subsection shall be construed to
create any liability for the Pennsylvania Housing Finance
Agency or otherwise to affect the transfer of any real
property if there is a failure to provide notice in
accordance with this subchapter.
(c) Delivery of notice of closure.--A notice given in
accordance with section 8326(a)(1) shall be:
(1) Delivered to an adult resident of each manufactured
home space within the community or mailed by first class mail
to the resident or tenant of each space.
(2) Posted in the same conspicuous and readily
accessible place in the community where the community rules
and regulations are posted, under section 8313 (relating to
community rules and regulations).
(d) Delivery of notice regarding scheduled closing date.--A
notice given in accordance with section 8326(a)(2) shall be
given personally to the prospective resident or known
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prospective tenant.
§ 8328. Waiver of rights.
The rights and duties of community owners, community
operators and l essees may not be waived by any provisions of a
written or oral agreement. An agreement attempting to limit the
rights shall be void and unenforceable in the courts of this
Commonwealth.
§ 8329. Damages.
(a) Cause of action.--A community owner, community operator
or lessee aggrieved by a violation of rights under this
subchapter may institute a private cause of action in an
appropriate court of initial jurisdiction within this
Commonwealth:
(1) to recover damages;
(2) for treble damages in accordance with this
subchapter; or
(3) for restitution.
(b) When rental agreement voidable.--If disclosure as
required by 8316 (relating to disclosure of fees) was not
provided to the community prospective first-time lessee prior to
execution of the manufactured home space rental agreement or
prior to initial occupancy of a manufactured home, the rental
agreement is voidable by the lessee during the first year of
occupancy until five calendar days after the receipt of the
disclosure by the lessee.
(c) Notice required to void rental agreement.--To void the
rental agreement, the prospective first-time lessee shall
deliver written notice to the community owner or community
operator within five days after receipt of the disclosure and
shall thereupon be entitled to a refund from the community owner
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or community operator of any deposit, together with installation
costs for the manufactured home, paid to the community owner or
community operator.
(d) Rent collection.--A community owner or community
operator may not collect rent from a prospective first-time
lessee until the community owner or community operator and the
lessee have entered into the rental agreement.
(e) Lease required.--When a community owner or community
operator and a lessee execute a new, renewed or extended lease
for a manufactured home space, which increases rent or payables
to the lessor, the community owner or community operator may not
collect increased rent or fee payable rent from the lessee until
the community owner or community operator and the lessee have
entered into the new, renewed or extended lease. The following
apply:
(1) After receiving 60 days' notice of the community
owner's or community operator's intent to offer a new lease,
the manufactured home occupant shall have 30 days to either
accept the new, renewed or extended rental agreement or to
notify the community owner or community operator of intent to
vacate within 30 days.
(2) Increased rent or fee lease charges shall not be
effective against a lessee prior to the 61st day after
receiving the notice from the community owner or community
operator.
(f) Lessee not entering rental agreement.-- A lessee who
chooses not to enter into a new, renewed or extended rental
agreement shall have 60 days from the date of notification of
intent to vacate the community, enter into contract to sell or
relocate the manufactured home. The following apply:
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(1) No increased rent fee or lease charge shall apply
during this period.
(2) So long as the community owner or community operator
complied with disclosure as provided in section 8316, the
lessee shall not be entitled to relocation costs.
§ 8330. Restraining prohibited acts.
Whenever the Attorney General or a district attorney has
reason to believe that a person is using or is about to use any
method, act or practice declared by this subchapter to be
prohibited, and that proceedings would be in the public
interest, the Attorney General or district attorney may bring an
action in the name of the Commonwealth against the person to
restrain by temporary or permanent injunction the use of the
method, act or practice.
§ 8331. Enforcement.
The Attorney General shall enforce the provisions of this
subchapter, but an individual shall not be prohibited or
otherwise restricted from initiating a private cause of action
pursuant to any right or remedy conferred by this subchapter.
§ 8332. Retaliatory evictions.
An action by a community owner or community operator to
recover possession of real property from a lessee or to change
the lease within six months of a lessee's assertion of rights
under this subchapter or any other legal right shall raise a
presumption that the action constitutes a retaliatory and
unlawful eviction by the community owner or community operator
and is in violation of this subchapter. The presumption may be
rebutted by competent evidence presented in an appropriate court
of initial jurisdiction within this Commonwealth.
§ 8333. Remedies.
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(a) Enforcement.--A violation of this subchapter:
(1) May be enforced as provided by sections 8329
(relating to damages), 8330 (relating to restraining
prohibited acts), 8331 (relating to enforcement) and 8332
(relating to retaliatory evictions).
(2) Shall also constitute an unfair or deceptive act or
practice within the meaning of section 2(4) of the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair
Trade Practices and Consumer Protection Law, and shall be a
violation of and be subject to the enforcement provisions and
private rights of action contained in that act.
(b) Injunctive relief.--Residents shall have the right to
seek injunctive relief to enforce compliance with this section
and sections 8325 (relating to sale or lease of communities) and
8326 (relating to closure of communities).
SUBCHAPTER C
MANUFACTURED HOME OMBUDSMAN AND HEARING BOARD
Sec.
8341. Scope of subchapter.
8342. Definitions.
8343. Manufactured Home Ombudsman.
8344. Manufactured Home Hearing Board.
8345. Disposition before ombudsman.
8346. Petition for appeal to board.
8347. Hearing before board.
8348. Appeal to Commonwealth Court.
8349. Notification of law.
8350. Restricted account.
8351. Construction of subchapter.
§ 8341. Scope of subchapter.
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This subchapter relates to the Manufactured Home Ombudsman
and the Manufactured Home Hearing Board.
§ 8342. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Manufactured Home Hearing Board established
under section 8344(a) (relating to Manufactured Home Hearing
Board).
" Comparable manufactured home community" or "comparable
community." A community with similar facilities, services,
amenities and management.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Office." The Office of Manufactured Home Ombudsman
established under section 8343(a) (relating to Manufactured Home
Ombudsman).
"Ombudsman." The head of the office.
"Respondent." A person against whom a complaint, which is
filed with the office, is directed.
"Secretary." The Secretary of Community and Economic
Development of the Commonwealth.
"Unreasonable." Not fair, proper, just, moderate or suitable
under the circumstances or fit or appropriate to the end in
view.
§ 8343. Manufactured Home O mbudsman.
(a) Establishment.--The Office of Manufactured Home
Ombudsman is established within the department.
(b) Appointment.--The ombudsman shall head the office and
shall be a full-time employee of the department with fixed
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compensation.
(c) Powers and duties.--The office shall have the following
powers and duties:
(1) To investigate and resolve complaints and disputes
involving manufactured homes, including disputes involving
lessees or residents and community owners or community
operators, including:
(i) Community matters generally.
(ii) The interpretation of provisions under
Subchapter B (relating to manufactured home community
rights).
(iii) The approval of a prospective purchaser of an
existing manufactured home owned by a resident.
(iv) The reasonableness of rules and regulations
promulgated by community owners in accordance with
Subchapter B.
(v) Environmental concerns, including the provision
of safe drinking water and proper sewage disposal.
(vi) The interpretation of provisions of lease
agreements.
(vii) The reasonableness of proposed rent increases.
(viii) The reasonableness of pending eviction
procedures.
(2) To initiate a legal proceeding before a Federal,
State or county court necessary to protect the rights of
lessees or residents and to represent the lessees or
residents before the court in the legal proceeding.
(3) To initiate a proceeding before a Federal, State or
local agency necessary to protect the rights of lessees or
residents and to represent the lessees or residents in the
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proceeding.
(4) To educate the public regarding the purchase of a
manufactured home and a manufactured home space lease, which
shall include a notice and other information in accordance
with the following:
(i) The notice shall include the title "ALERT TO
PROSPECTIVE PURCHASER OF MANUFACTURED HOME OR LESSEE IN
MANUFACTURED HOME COMMUNITY," followed by a brief summary
of the key facts of which anyone contemplating purchasing
a manufactured home or leasing space in a community
should be aware.
(ii) The notice, including the title, shall be in
10-point boldface print.
(iii) Within 90 days of the effective date of this
subparagraph, the ombudsman shall provide a copy of the
notice and brief summary, along with a copy of this
subchapter and Subchapter A (relating to preliminary
provisions) and the responsibilities of the ombudsman as
specified in this subchapter, to:
(A) Manufactured home dealers or others licensed
in this Commonwealth under the act of December 22,
1983 (P.L.306, No.84), known as the Board of Vehicles
Act, to be provided to a prospective purchaser of a
new manufactured home at least 48 hours before the
purchaser signs an agreement of sale.
(B) A person licensed under the Board of
Vehicles Act, or any real estate salesperson or
broker licensed under the act of February 19, 1980
(P.L.15, No.9), known as the Real Estate Licensing
and Registration Act, to be provided to a prospective
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purchaser of a preowned manufactured home at least 48
hours before the purchaser signs an agreement of
sale.
(C) Community owners and community operators, to
be provided to a prospective lessee at least 48 hours
before the lessee signs a lease for space in a
community operated in this Commonwealth.
(iv) Failure to receive a copy of the notice and
information described under subparagraph (iii) shall not
relieve a person of fulfilling any required obligation
under this subchapter.
(v) The ombudsman shall post the notice and
information under subparagraph (iii) on the publicly
accessible Internet website of the office.
(5) To educate the public concerning the powers and
duties of the ombudsman and the services available.
(6) To establish a toll-free telephone number for public
use regarding inquiries on the services available from the
ombudsman, including the procedures for filing a complaint
and making an appeal to the board.
§ 8344. Manufactured Home Hearing Board.
(a) Establishment.--The Manufactured Home Hearing Board is
established as an independent quasi-judicial agency.
(b) Members.--The board shall consist of the following
members:
(1) The secretary or a designee of the secretary.
(2) One individual appointed by the President pro
tempore of the Senate.
(3) One individual appointed by the Speaker of the House
of Representatives.
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(4) One individual appointed by the Minority Leader of
the Senate.
(5) One individual appointed by the Minority Leader of
the House of Representatives.
(c) Chairperson.--The board shall designate one member of
the board to serve as the chairperson.
(d) Terms.--
(1) A member of the board shall serve for a term of five
years or until a successor is appointed and qualified within
six months of the expiration of the original term.
(2) A member of the board may be reappointed to
successive terms.
(e) Limitations.--A board member may not:
(1) Be a manufactured home owner, manufactured home
manufacturer or manufactured home dealer.
(2) Own or manage a community.
(3) Be an agent for a community, manufactured home
manufacturer or manufactured home dealer.
(4) Have a financial interest in the business of, or in
any way be associated with, a manufactured home manufacturer,
manufactured home dealer or owner of a community.
(5) Be affiliated with manufactured homes or
manufactured home groups or associations.
(f) Compensation and reimbursement.--The members of the
board shall not receive compensation for service as members of
the board but shall be reimbursed for all necessary and
reasonable expenses incurred in connection with the performance
of duties as members of the board.
(g) Meetings.--
(1) The board shall meet at least four times a year or
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as often as is necessary to implement and administer the
provisions of this subchapter.
(2) The meetings of the board shall be rotated between
Pittsburgh, Philadelphia, Scranton and Harrisburg as feasible
to facilitate the attendance of those having appeals pending
before the board.
(h) Powers and duties.--The board shall conduct hearings to
consider appeals of decisions by the ombudsman in accordance
with this subchapter.
§ 8345. D isposition before ombudsman.
(a) Authorization.--The following may file a complaint with
the office and request an investigation to resolve a dispute
associated with a manufactured home or community:
(1) A lessee.
(2) A lessor.
(3) A community owner.
(4) A community operator.
(5) A person who rents or leases a manufactured home
that is located in a community for which a ground rental fee
is paid.
(b) Complaint form.--
(1) The ombudsman shall develop a standardized complaint
form to be used for the purpose described under subsection
(a).
(2) The complaint form must include:
(i) The address, telephone number and any other
contact information of the person filing the complaint.
(ii) The actions or circumstances given rise to the
complaint.
(iii) The address, telephone number and any other
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contact information of each respondent.
(3) The complaint form and instructions on how to submit
the complaint form shall be posted on the publicly accessible
Internet website of the office.
(4) A fee may not be charged to file a complaint with
the office.
(c) Notice to respondents.--Upo n receipt of a complaint
form, the ombudsman shall send to each named respondent, by
certified mail, a copy of the complaint, along with a notice
that a response is required showing cause, if any, why the
complaint should be dismissed. The ombudsman shall prescribe the
form and manner of the response.
(d) Review.--After reviewing the complaint and response, the
ombudsman or the members of the staff of the office shall
promptly investigate the complaint, including a complaint
involving proposed rent increases, and attempt to mediate the
dispute.
(e) Decisions generally.--
(1) The ombudsman shall render a decision on a complaint
within 21 days of receipt of the complaint.
(2) The decision of the ombudsman shall be final and
binding on all parties, and the ombudsman may enforce an
order through a court of competent jurisdiction, unless the
order is overturned by the board on appeal in accordance with
section 8347 (relating to hearing before board).
(3) After the investigation of a complaint, the
ombudsman:
(i) May determine that there is no factual basis to
support the complaint and shall so notify all parties.
(ii) May determine that the complaint is
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substantiated and may make a recommendation to resolve
the dispute, to which all parties may voluntarily agree.
In the absence of the voluntary acceptance of the
recommendations by all parties, the ombudsman shall issue
an order specifying the appropriate actions to be taken
by all parties to the dispute.
(f) Automatic stay.--
(1) Except as provided in paragraph (2), once the office
initiates an investigation regarding a complaint filed with
the office, any pending proposed rent increase, rule or
regulation or eviction proceeding shall be stayed pending a
final decision by the ombudsman.
(2) Paragraph (1) does not apply in the case of a
proposed annual rent increase that does not exceed the annual
increase in the cost of living, as determined by the United
States Department of Labor for the preceding calendar year,
but a resident under the circumstance may file a complaint
with the office regarding the reasonableness of the proposed
increase.
(g) Determination regarding proposed annual rent increase.--
(1) When making a determination as to the reasonableness
of a proposed annual rent increase for a community, the
ombudsman shall consider the following:
(i) Rents charged by comparable communities within
the same competitive geographic area.
(ii) Recent changes in the Consumer Price Index.
(iii) The rate of inflation since the last annual
rent increase.
(iv) The historic trend of prior annual rent
increases for the community.
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(v) The historic trend of prior annual rent
increases for comparable communities within the same
competitive geographic area.
(vi) Financial data relative to any change in
ownership of the community.
(vii) Current and prior financial statements of the
community owner, including annual operating costs and
taxes paid.
(viii) Actual cost data relative to improvements
made or to be made to the community when the cost of
improvements is used as a justification for the proposed
annual rent increase.
(ix) Historical evidence of improvements made to the
community previously when annual rents were increased.
(x) Whether the proposed annual rent increase
results in the rent exceeding market rent or the rent
that would result from market forces when both parties
have an equal bargaining position.
(2) If, after an investigation, the ombudsman determines
that the proposed annual rent increase is unreasonable:
(i) T he proposed annual rent increase shall not go
into effect.
(ii) T he community owner shall:
(A) pending a final decision of the ombudsman,
refund to each resident affected the increased amount
paid that was determined to be unreasonable; or
(B) credit the resident with an equal amount of
the rent due:
(I) in the month following the decision of
the ombudsman; or
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(II) if appealed, in the month following a
decision by the board.
(iii) The ombudsman may recommend, as part of an
order, an annual rent increase that the ombudsman deems
reasonable.
(h) Determination regarding proposed rule or regulation.--
If, after an investigation, the ombudsman determines that an
existing or proposed rule or regulation promulgated by the
community owner or community operator is unreasonable, the rule
or regulation shall be rescinded.
(i) Copies of decision.-- Copies of all decisions of the
ombudsman shall be forwarded to the agency.
§ 8346. Petition for appeal to board.
(a) Authorization.--If aggrieved by the decision of the
ombudsman, the person filing the complaint or a respondent may
appeal the order of the ombudsman to the board and request a
hearing before the board.
(b) Petition.--
(1) The ombudsman shall develop a standardized petition
form to be used for the purpose described under subsection
(a).
(2) The petition and instructions on how to submit the
petition to the office shall be posted on the publicly
accessible Internet website of the office.
(c) Filing fee.--
(1) A filing fee of $100 shall accompany each petition.
(2) If, on appeal, the board finds in favor of the
person who filed the complaint, the respondent shall be
responsible for the payment of the fee for filing the
petition.
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(d) Notice to board.--Upon receipt of a petition and filing
fee under this section, the ombudsman shall forward a copy of
the petition to the chairperson of the board.
§ 8347. Hearing before board.
(a) Scheduling and notice.-- Upon receiving a petition from
the ombudsman in accordance with section 8346 (relating to
petition for appeal to board), the chairperson of the board
shall schedule a hearing on the appeal and shall:
(1) Provide the parties with reasonable notice of the
date, time and location of the hearing.
(2) Provide notice of the hearing to the agency.
(b) Hearing procedures.--The following apply to a hearing
under this section:
(1) The hearing shall be conducted in accordance with 2
Pa.C.S. Ch. 5 (relating to practice and procedure).
(2) A party to the hearing may:
(i) Present witnesses, in person or by deposition,
and may present evidence, on making a request to the
board.
(ii) Designate any person, records and papers
requested to be subpoenaed.
(iii) Request that a written transcript of the
hearing be taken and made upon payment of the cost of the
transcript.
(3) Subpoenas may be enforced in Commonwealth Court,
which, after a hearing, may judge a person in contempt or
make another appropriate order.
(4) For the purpose of the hearing, the board shall have
the powers vested in the officers by section 502 of the act
of April 9, 1929 (P.L.177, No.175), known as The
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Administrative Code of 1929.
(5) The board may cause the deposition of witnesses in
or outside of this Commonwealth to be taken as prescribed by
law for depositions in civil cases.
(c) Inspection.--A party to a hearing under this section, or
an authorized agent of the party if the authorization is filed
in writing with the ombudsman , may inspect any file that
pertains to the hearing.
(d) Proposed rent increase.--In the case of a complaint
involving a proposed rent increase, the board shall hear the
case within 30 days of receipt of the petition for a hearing.
(e) Decision.--
(1) No later than seven calendar days after the
conclusion of a hearing under this section, the board shall
render a decision on the appeal based on evidence given at
the hearing.
(2) The decision of the board shall be final and binding
on all parties unless appealed to Commonwealth Court in
accordance with section 8348 (relating to appeal to
Commonwealth Court).
(3) Upon rendering a decision on an appeal, the board
shall forward a copy of the decision to the parties and to
the agency.
§ 8348. Appeal to Commonwealth Court.
No later than 20 days after the service of a copy of the
decision of the board, a party aggrieved by the decision may
appeal the decision to Commonwealth Court.
§ 8349. N otification of law.
With respect to the information specified under section
8343(c)(4)(iii)(C) (relating to Manufactured Home Ombudsman),
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e ach community owner or community operator shall:
(1) Within 30 days of receiving the information from the
ombudsman, provide a copy of the information to each resident
of the community.
(2) Provide the information to each prospective lessee
at least 48 hours before the lessee signs a lease for space
in the community.
(3) Maintain a copy of the information at a convenient
location within the community for review by residents of the
community.
§ 8350. R estricted account.
(a) Establishment.--The Manufactured Home Restricted Account
is established in the State Treasury as a restricted account,
into which shall be deposited all annual community registration
fees collected by the department, appropriations by the General
Assembly to the office and board and filing fees collected in
accordance with this subchapter.
(b) Operations.--The money in the Manufactured Home
Restricted Account is appropriated on a continuing basis for the
operations of the office and board.
§ 8351. Construction of subchapter.
Nothing in this subchapter shall be construed to contradict
or interfere with the rights established under the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
Practices and Consumer Protection Law.
Section 2. The forms for disclosures and notices specified
in 68 Pa.C.S. §§ 8313(c), 8316(d) and 8324(b) shall apply to
actions that occur on or after the effective date of this
section.
Section 3. Repeals are as follows:
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(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 68
Pa.C.S. Ch. 83 Subchs. A and B.
(2) The act of November 24, 1976 (P.L.1176, No.261),
known as the Manufactured Home Community Rights Act, is
repealed.
Section 4. The addition of 68 Pa.C.S. Ch. 83 Subchs. A and B
is a continuation of the act of November 24, 1976 (P.L.1176,
No.261), known as the Manufactured Home Community Rights Act.
The following apply:
(1) Except as otherwise provided in 68 Pa.C.S. Ch. 83
Subchs. A and B, all activities initiated under the
Manufactured Home Community Rights Act shall continue and
remain in full force and effect and may be completed under 68
Pa.C.S. Ch. 83 Subchs. A and B. Orders, regulations, rules
and decisions which were made under the Manufactured Home
Community Rights Act and which are in effect on the effective
date of section 3 of this act shall remain in full force and
effect until revoked, vacated or modified under 68 Pa.C.S.
Ch. 83 Subchs. A and B. Contracts, obligations and collective
bargaining agreements entered into under the Manufactured
Home Community Rights Act are not affected nor impaired by
the repeal of the Manufactured Home Community Rights Act.
(2) Except as specified in paragraph (3), any difference
in language between 68 Pa.C.S. Ch. 83 Subchs. A and B and the
Manufactured Home Community Rights Act is intended only to
conform to the style of the Pennsylvania Consolidated
Statutes and is not intended to change or affect the
legislative intent, judicial construction or administration
and implementation of the Manufactured Home Community Rights
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Act.
(3) Paragraph (2) does not apply to the addition of the
definition of "manufactured home" in 68 Pa.C.S. § 8302.
Section 5. This act shall take effect in 60 days.
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