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PRINTER'S NO. 873
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 843
Session of
2025
INTRODUCED BY WEBSTER, SANCHEZ, PIELLI, HILL-EVANS, MADDEN,
FREEMAN, HANBIDGE, CERRATO AND KHAN, MARCH 10, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MARCH 10, 2025
AN ACT
Amending the act of November 24, 1976 (P.L.1176, No.261),
entitled "An act providing for the rights and duties of
manufactured home owners or operators and manufactured home
lessees," further providing for closure of manufactured home
communities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11.2(a)(1) and (b) of the act of November
24, 1976 (P.L.1176, No.261), known as the Manufactured Home
Community Rights Act, are amended to read:
Section 11.2. Closure of Manufactured Home Communities.--(a)
In the event of the closure of a manufactured home community, in
whole or part, the manufactured home community owner shall:
(1) Provide written notice to the residents and tenants of
the community, to the resident association if one exists, to the
Pennsylvania Housing Finance Agency and to the municipality
where the manufactured home community is located within 60 days
of deciding to close the community[.], at least 120 days prior
to the discontinuance of the use of the land as a manufactured
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home community or the proposed closing upon the sale of the
manufactured home community, whichever is earlier. The notice
shall include the estimated date residents and tenants will be
expected to vacate the community, which shall be no less than
180 days from the date of the notice, and the estimated date the
community will be closed.
* * *
(b) A manufactured home 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
offer. The following procedures apply:
(1) The resident association or authority representing the
interests of the residents , notwithstanding if the association
is formally recognized, may notify the owner of the manufactured
home community that it is interested in purchasing the
manufactured home community. The following apply to notice:
(i) The notice must be made to the owner of the manufactured
home community within 30 days after the owner of the
manufactured home community notifies residents of the closure of
the manufactured home community.
(ii) A copy of the notice may be filed with the municipality
in which the manufactured home community is located.
(iii) If notice is given, the resident association shall
have 30 days after the notice has been given to purchase the
manufactured home community through negotiation, to reach an
agreement with the manufactured home community owner for
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purchase of the manufactured home community and to close on the
sale. Upon the request of the resident association, the
Pennsylvania Housing Finance Agency shall assist the resident
association in developing financing for the purchase of the
manufactured home community.
(2) If the resident association and the manufactured home
community owner cannot agree upon a purchase price, the resident
association shall have the right to purchase the property:
(i) if the resident association matches the essential
provisions of an existing bona fide offer to purchase the
manufactured home community made by another potential purchaser
which the owner is prepared to accept; or
(ii) if there is no offer under subparagraph (i), the
manufactured home community owner shall sell the manufactured
home community to the resident association at a purchase price
to be established by an appraiser chosen by the resident
association and the manufactured home community owner.
(3) A manufactured home community owner may not unreasonably
refuse to enter into, or unreasonably delay the execution or
closing on, a purchase and sale agreement with a resident
association that has made a bona fide offer to meet the price
and substantially equivalent terms and conditions of an offer
for which notice is required to be given under this subsection.
(4) If the two parties cannot agree upon one appraiser,
either party may notify the other, in writing, of the
disagreement. The following procedures apply:
(i) The resident association shall choose an appraiser, the
manufactured home community owner shall choose an appraiser and
the two appraisers shall choose a third appraiser.
(ii) The three appraisers under subparagraph (i) shall
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establish a value of the manufactured home community.
(iii) If the manufactured home community owner refuses to
select an appraiser within 15 days of the notice, the
Pennsylvania Housing Finance Agency shall choose an appraiser
for the manufactured home community owner.
(iv) The costs of appraisers shall be paid equally by the
resident association and the manufactured home community owner.
(5) If, within 30 days from the mailing of the notice under
paragraph (1), an agreement for the sale of the manufactured
home community signed by the resident association and the
manufactured home community owner has not been filed upon the
land records, or if the resident association has not filed a
certified statement to purchase the manufactured home community
at the appraised value which value shall also be certified on
the land records by the appraiser or appraisers, the right to
purchase the manufactured home community shall be void and any
recorded notice filed under paragraph (1) shall be void.
(6) A resident association that has the right to purchase
under this subsection may, at its election, assign its purchase
rights to the municipality where the resident association is
located, the housing authority for its area, an agency of the
Commonwealth or a nonprofit organization for the purpose of
continuing the use of the property as a manufactured home
community.
(7) The requirements of paragraphs (2), (3), (4), (5) and
(6) shall apply separately to each substantially different offer
to sell or purchase a manufactured home community.
(8) Paragraphs (2), (3), (4), (5), (6) and (7) shall not
apply if:
(i) the sale, lease or transfer is to a family member of the
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owner or to a trust, the beneficiaries of which are family
members of the owner;
(ii) the transfer is by gift, devise or required by
operation of law;
(iii) the sale, lease or transfer is by a partnership to one
or more of its partners;
(iv) the conveyance of an interest in the manufactured home
community is incidental to the financing of such manufactured
home community;
(v) the lease is the lease of a lot within the manufactured
home community to a person who will live in a manufactured home
on the lot;
(vi) the sale, lease or transfer is between joint tenants or
tenants in common; or
(vii) the sale is made by eminent domain.
(9) An owner of a manufactured home community who sells the
manufactured home community to residents of the manufactured
home community in compliance with the requirements of this act
shall be exempt from payment of State conveyance taxes otherwise
due based on the sale price of the manufactured home community,
provided that the entity purchasing the manufactured home
community is owned by at least 25% of the residents of the
manufactured home community or an organization exempt from
taxation under 26 U.S.C. § 501(c)(3) (relating to exemption from
tax on corporations, certain trusts, etc.), and that the sale
terms require the guaranteed maintenance of the property as a
manufactured home community.
* * *
Section 2. This act shall take effect in 60 days.
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