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REFERENCE TITLE: mobile home parks; tree maintenance |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2094 |
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Introduced by Representative Coleman
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AN ACT
amending section 33-1434, Arizona Revised Statutes; relating to the Arizona mobile home parks residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1434, Arizona Revised Statutes, is amended to read:
33-1434. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of all applicable city, county and state codes materially affecting health and safety.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. Maintain in good and safe working order and condition all swimming pool, shower, bathhouse, electrical, plumbing and sanitary facilities, including the recreational hall or meeting facilities supplied or required to be supplied or maintained by him the landlord.
5. Provide for removal of garbage, rubbish, and other waste incidental to the occupancy of the mobile home space.
6. Furnish outlets for electric, water and sewer services. The landlord shall also furnish a prospective tenant with information concerning the type, size and power rating of all electrical, water and sewer connections.
7. Provide a statement of proposed interruption of utility service to the tenants within a reasonable time frame except in the case of an interruption caused by an emergency. An emergency does not include any failure or refusal on the part of the landlord to fulfill his the landlord's duties and obligations as specified in this section. A statement of proposed interruption of utility service may be provided by posting an announcement of the period of the interruption in a conspicuous place within the mobile home park or by individual delivery to each tenant.
B. A mobile home park landlord shall not impose any conditions of rental or occupancy which that restrict the mobile home owner in his the mobile home owner's choice of a seller of fuel, furnishings, goods, services or mobile homes connected with the rental or occupancy of a mobile home space unless such condition is necessary to protect the health, safety, aesthetic value or welfare of mobile home residents in the park. However, the landlord may impose reasonable conditions relating to central gas, oil, electricity, or water meter systems in the park.
C. Unless specifically provided otherwise in a written rental agreement executed before January 1, 2016 or in the rules or regulations of the property that are adopted before January 1, 2016, the landlord's responsibility to maintain fit premises shall include the maintenance of any trees located on the mobile home space if those trees were in place on the mobile home space when the tenant took possession of the space.
D. For any rental agreements and rules or regulations of the property that are executed or adopted after December 31, 2015:
1. Any rental agreement or any rules or regulations of the property shall specifically disclose in writing any requirement that the tenant maintain one or more existing trees located on the mobile home space.
2. Any change regarding the tenant's or landlord's obligation to maintain any one or more trees located on the mobile home space constitutes a substantial modification of the rental agreement pursuant to section 33-1452.