SB1132 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-1476.01, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.01. Change in use; notices; compensation for moving expenses; payments by the landlord

A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use.

B. The landlord shall inform all tenants in writing about the mobile home relocation fund established in section 33‑1476.02.

C. If a tenant is required to move due to a change in use or redevelopment of the mobile home park, the tenant may do any of the following:

1. Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the mobile home to a new location that is within a fifty-mile radius of the vacated mobile home park or five thousand dollars for a single section mobile home or ten thousand dollars for a multisection mobile home. Moving expenses include the cost of taking down, moving and setting up the mobile home in the new location.

2. Abandon the mobile home in the mobile home park and collect an amount equal to one‑fourth of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for abandonment payment pursuant to this paragraph, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the department of fire, building and life safety in support of the tenant's application for payment. If the tenant chooses to abandon the mobile home pursuant to this paragraph, the landlord is exempt from making the payments to the fund prescribed in subsection D of this section.

3. If a mobile home is relocated to a location outside of the vacated mobile home park and, in the sole judgment of the director, the mobile home was ground set in the mobile home park from which it was removed, the tenant may collect additional monies not to exceed two thousand five hundred dollars for the incremental costs of removing a ground set mobile home. These monies are in addition to any monies provided pursuant to paragraph 1 of this subsection.

D. Except as provided in subsection C, paragraph 2 and subsection F of this section and section 33‑1476.04, subsection D, if there is a change in use the landlord shall pay five hundred dollars for each single section mobile home and eight hundred dollars for each multisection mobile home relocated to the fund for each tenant filing for relocation assistance with the director.

E. If a change in use occurs before the time stated in the statements of policy and the landlord does not comply with subsection A of this section and with section 33‑1436 and section 33‑1476, subsection H, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1. Five hundred dollars for each mobile home space occupied by a single-section mobile home.

2. Eight hundred dollars for each mobile home space occupied by a multisection mobile home.

F. The landlord is not required to make the payments prescribed in subsections D and E of this section for moving mobile homes owned by the landlord or for moving a mobile home under a contract with the tenant if the tenant does not file for relocation assistance with the director.

G. If a change in use occurs within two hundred seventy days of relocations under section 33‑1476.04, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1. Five hundred dollars for each mobile home space occupied by a single section mobile home.

2. Eight hundred dollars for each mobile home space occupied by a multisection mobile home.

H. The tenant shall submit a contract for relocation of a mobile home for approval to the director within sixty days after the relocation to be eligible for payment of relocation expenses. The director must approve or disapprove the contract within fifteen days after receipt of the contract, or the contract is deemed to be approved.

i. if the contract is approved, the payment of relocation expenses shall be made as provided in the rules adopted by the director. to the installer or contractor when both of the following have been completed:

1. the installer or contractor has obtained valid permits to move the mobile or manufactured HOME TO A NEW lOCATION.

2. THE INSTALLER OR CONTRACTOR PROVIDES DOCUMENTATION TO THE DEPARTMENT THAT THE INSTALLATION OF THE MOBILE OR MANUFACTURED HOME AT THE NEW LOCATION IS COMPLETE AND HAS BEEN INSPECTED BY THE DEPARTMENT OR ITS DESIGNEE AND IS APPROVED FOR OCCUPANCY.

J. If the contract is not approved, the tenant may appeal to the hearing officer an administrative law judge pursuant to title 41, chapter 16, article 5. The tenant shall provide notice pursuant to section 33‑1451, subsection A, paragraph 6 if the tenant relocates.

I. k. If this state or a political subdivision of this state exercises eminent domain and the mobile home park is sold or a sale is made to this state or a political subdivision of this state that intends to exercise eminent domain, the state or political subdivision is responsible for the relocation costs of the tenants.

J. l. If a tenant is vacating the premises and has informed the landlord or manager before the change in use notice has been given, the tenant is not eligible for compensation under this section.

K. m. A person who purchases a mobile home already situated in a park or moves a mobile home into a park in which a change in use notice has been given is not eligible for compensation under this section.

L. n. This section does not apply to a change in use if the landlord moves a tenant to another space in the mobile home park at the landlord's expense. END_STATUTE

Sec. 2. Section 33-1476.02, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.02. Mobile home relocation fund; investment of monies

A. The mobile home relocation fund is established consisting of monies collected pursuant to section 33‑1476.03 and any surcharge collected pursuant to section 33‑1437. The director shall administer the fund.

B. Fund monies shall be used as prescribed in sections 33‑1476.04 and 41‑2157 and to pay premiums and other costs of purchasing, from a private insurer who is licensed to transact insurance business in this state, insurance coverage for tenant relocation costs due to a change in use as prescribed in section 33‑1476.01. Any insurance rebates shall be deposited in the fund. If such insurance is not available, or if the insurance costs exceed the amount available from the fund, the fund shall be used to make direct payments for tenant relocation costs. Monies in the fund in excess of the amount required for these purposes shall be used, as necessary, to support the department of fire, building and life safety's administration of the hearing function under title 41, chapter 16, article 5 pursuant to section 41‑2198.01, subsection A and the department of fire, building and fire life safety's administration of section 33‑1437, subsection C.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. Any unexpended and unencumbered monies remaining in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund, separately accounted for, as a contingency reserve.

D. The director may adopt, amend or repeal rules pursuant to title 41, chapter 6 for the administration of the fund. Fund monies shall be paid to the department of fire, building and life safety to offset the costs of administering the fund, including the direct and indirect costs of processing applications for reimbursement submitted under section 41‑2157 and administering the direct and indirect costs of section 33‑1437, subsection C. The attorney general shall review the costs charged to the fund. END_STATUTE

Sec. 3. Section 33-1476.04, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.04. Relocations due to rent increase; mobile home relocation fund; applicability

A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met:

1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park.

2. A rent increase will be effective at the expiration or renewal of the tenant's rental agreement.

3. The rent increase either singly or in combination during any consecutive twelve-month period is more than a total of ten per cent plus the current increase in the consumer price index over the most recent one-year period before the date of the notice of the rent increase. For the purposes of this paragraph, "consumer price index" means the "west‑A" index that is published by the United States department of labor, bureau of labor statistics, and that demonstrates changes in prices in certain cities in the western United States.

B. A landlord who increases rent as prescribed by subsection A of this section shall give written notice of the applicability of this section to all affected tenants.

C. A tenant is eligible to receive relocation expenses pursuant to subsection A of this section as follows:

1. At least thirty days before the effective date of the rent increase that exceeds the limits prescribed by subsection A of this section, the tenant shall submit a contract for relocation of the mobile home to the director for approval and to the landlord.

2. Before the effective date of the rent increase, the tenant shall relocate the mobile home or have a fully signed contract with a licensed moving company installer or contractor to move the mobile home to a specific location by a specific date and must have moved the mobile home pursuant to that contract within forty‑five days after the effective date of the rent increase.

3. The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.

4. if the contract is approved, the payment of relocation expenses shall be made at or before the time of relocation as provided in rules adopted by the director. TO THE INSTALLER OR CONTRACTOR WHEN BOTH OF THE FOLLOWING HAVE BEEN COMPLETED:

(a) THE INSTALLER OR CONTRACTOR HAS OBTAINED VALID PERMITS TO MOVE THE MOBILE OR MANUFACTURED HOME TO A NEW LOCATION.

(b) THE INSTALLER OR CONTRACTOR PROVIDES DOCUMENTATION TO THE DEPARTMENT THAT THE INSTALLATION OF THE MOBILE OR MANUFACTURED HOME AT THE NEW LOCATION IS COMPLETE AND HAS BEEN INSPECTED BY THE DEPARTMENT OR ITS DESIGNEE AND IS APPROVED FOR OCCUPANCY.

5. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 16, article 5. The tenant shall provide notice pursuant to section 33‑1451, subsection A, paragraph 6 if the tenant relocates.

4. 6. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or five thousand dollars for a single-section mobile home or ten thousand dollars for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to a residential location within a one hundred-mile radius of the vacated mobile home park.

D. As an alternative to receiving payment as prescribed in subsection C of this section, a tenant who is eligible to receive payment pursuant to subsection A of this section may abandon the mobile home in the mobile home park and collect an amount equal to one-fourth of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for an abandonment payment pursuant to this subsection, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the department of fire, building and fire life safety in support of the tenant's application for payment. If the tenant chooses to abandon the mobile home pursuant to this subsection, the landlord is exempt from making the payments to the fund prescribed in section 33‑1476.01, subsection D.

E. This section does not apply to rent increases that are prescribed in a written rental agreement.

F. Nothing in this section shall be construed to make any rent increase unreasonable. END_STATUTE

Sec. 4. Section 33-1476.05, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1476.05. Relocations due to change in age restricted community use; payment from mobile home relocation fund; applicability

A. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age restricted community to an all age community use as defined by the housing for older persons act of 1995.

B. A tenant is eligible for payment from the mobile home relocation fund if both of the following conditions are met:

1. The tenant resides in a mobile home or manufactured home that is owned by the tenant and that is located in an age restricted mobile home park.

2. The landlord implements a change from an age restricted community to an all age community as defined by the housing for older persons act of 1995.

C. A landlord who changes a mobile home park designation from an age restricted community shall give written notice of the applicability of this section to all affected tenants.

D. A tenant is eligible to receive relocation expenses pursuant to subsection B of this section as follows:

1. Within one hundred eighty days after the effective date of notification of the change in the age restricted community's use, the tenant shall submit a contract for relocation of the mobile or manufactured home to the director for approval and to the landlord.

2. After notice of approval by the director for the payment of relocation expenses, the tenant shall relocate the mobile or manufactured home or have a fully signed contract with a licensed moving company installer or contractor to move the mobile or manufactured home to a specific location by a specific date and must have moved the mobile or manufactured home pursuant to that contract within forty-five days after notice from the director.

3. The director shall approve or not approve disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.

4. IF THE CONTRACT IS APPROVED, the payment of relocation expenses shall be made at or before the time of relocation as provided in rules adopted by the director. TO THE INSTALLER OR CONTRACTOR WHEN BOTH OF THE FOLLOWING HAVE BEEN COMPLETED:

(a) THE INSTALLER OR CONTRACTOR HAS OBTAINED VALID PERMITS TO MOVE THE MOBILE OR MANUFACTURED HOME TO A NEW LOCATION.

4. 6. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or five thousand dollars for a single-section mobile home or ten thousand dollars for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to another age restricted community within a one hundred-mile radius of the vacated mobile home park.

E. The landlord shall not be responsible for making any payment into the mobile home relocation fund for any mobile or manufactured home moved pursuant to this section. END_STATUTE

Sec. 5. Section 41-2157, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2157. Costs of complying with standards; reimbursement from relocation fund; definition

A. The costs of bringing a mobile home into compliance with the requirements of this article may be reimbursed to the owner from the mobile home relocation fund established under by section 33‑1476.02 if all of the following are true:

1. The mobile home is moved from one mobile home park in this state to another mobile home park in this state.

2. The household income of the owner of the mobile home is at or below one hundred per cent of the current federal poverty level guidelines as published annually by the United States department of health and human services.

3. The mobile home is not being relocated as the result of a judgment in a forcible detainer or special detainer action requiring the owner to vacate the mobile home park in which the mobile home is located.

B. The amount of the reimbursement pursuant to this section shall not exceed one thousand five hundred dollars for the costs related to any mobile home.

C. The fund shall have a claim for reimbursement of sums received under this section by an individual who fails to reside in the mobile home for six months following its relocation, unless the failure was due to the death or disability of a resident.

D. In For the purposes of this section, "owner" means an individual whose primary residence has been the mobile home continuously for the six‑month period preceding an application for reimbursement, or an individual who has purchased the mobile home and who intends to reside in the mobile home as the individual's primary residence after the relocation. END_STATUTE