HB2259 - 522R

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

Section 1. Section 33-1451, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1451. Tenant to maintain mobile home space; notice of vacating; clearance for removal; criminal violation

A. A tenant of a mobile home space shall exercise diligence to maintain that part of the premises which he that the tenant has rented in as good condition as when he the tenant took possession and shall:

1. Comply with all obligations primarily imposed upon on tenants by applicable provisions of city, county and state codes materially affecting health and safety.

2. Keep that part of the premises that he the tenant occupies and uses as clean and safe as the condition of the premises permits.

3. Dispose from his the tenant's mobile home space all rubbish, garbage and other waste in a clean and safe manner as prescribed by park rules.

4. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

5. Conduct himself and require other persons on the premises with his the tenant's consent to conduct themselves in a manner that will not disturb his the tenant's neighbors' peaceful enjoyment of the premises.

6. Inform the landlord or manager of the mobile home park at least thirty days before the expiration of the rental agreement that the agreement will not be renewed by the tenant and that the premises will be vacated. If timely notice is not given prior to moving from the mobile home space, the tenant then is responsible for rent equal to an amount consistent with the applicable notice period.

B. A tenant shall not remove a mobile home from a mobile home space unless the tenant has received from the landlord a clearance for removal showing that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord shall not interfere with the removal of a mobile home for any reason other than nonpayment of monies due as of the date of removal even if the term of the rental agreement has not expired.

C. A person shall not enter a mobile home park for the purpose of removing a mobile home from a mobile home park without first receiving from the landlord a clearance for removal as prescribed in section 33-1485.01. After demand by the landlord or the landlord's agent to leave the premises, a person who violates this subsection commits criminal trespass in the third degree pursuant to section 13-1502. END_STATUTE

Sec. 2. Section 41-2176, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2176. Issuance of a license

A. Upon On receipt by the deputy director of the nonrefundable fee required by this article and an application furnishing complete information as required by the deputy director and upon on the applicant taking and passing the applicable examination required by section 41‑2175, the deputy director shall issue a license to the applicant, pending completion of the background analysis, permitting the applicant to engage in business pursuant to this article for one year.

B. Pursuant to the agreement for conditional license, the applicant shall agree to a revocation of the conditional license if it appears, on review of the background analysis, that the applicant has misrepresented its background. The applicant shall also agree to waive any right the applicant may have to a stay of the effectiveness of any order of revocation of the conditional license, the right to notice of hearing and the right to a hearing before the revocation of the license.

C. The agreement for conditional license does not prohibit the applicant from making a written demand for a hearing on the order of revocation pursuant to chapter 6, article 10 of this title. Pending the hearing, the applicant shall not continue to transact business under the conditional license.

D. On completion of the background analysis, the director may issue either a permanent or a probationary license, depending on the results of the background analysis. The director shall not issue a dealer or salesperson license to an applicant if any of the following persons have been convicted of a felony or a crime involving moral turpitude, including any conviction after a plea of nolo contendere, or have been held liable in a civil court action for any act or conduct that involves moral turpitude and that is substantially related to the qualifications, functions or duties of the licensed activity:

1. For an individual applicant, the applicant.

2. For an applicant that is a partnership, one or more of the limited or general partners.

3. For an applicant that is a corporation, one or more of the officers or directors of the corporation or, if the policy of the corporation will be directed, controlled or managed by one or more stockholders, one or more of those stockholders.

E. Licenses issued pursuant to this article and any annual renewals shall be signed by the deputy director or the deputy director's designated representative and by the licensee. The license is nontransferable and satisfactory evidence of the possession shall be exhibited by the licensee upon on demand. The license held by the licensee shall be posted in a conspicuous place on the premises where any business is being performed. A license card shall be carried by the person doing the work away from the premises where the license is posted. The license number shall be written on any contract entered into by the licensee.

F. If an application for a license is denied or if the applicant fails to supply complete and correct required information within ninety days or fails to pass the required written examination within ninety days after filing or if an application for renewal is not completed by the expiration date or if any applicant requiring examination after having been notified by letter of the date to appear fails to appear for the examination within ninety days from after the date of filing the application, the fee paid by the applicant upon on filing the application is forfeited and the application is terminated. A reapplication for a license shall be accompanied by the fee prescribed by the deputy director.

G. If, before the issuance of the license, information brought to the attention of the deputy director concerning the qualifications of the applicant is such that in the deputy director's discretion it may be proper to deny the license, the deputy director may notify the applicant that the license is denied and that the applicant may request in writing a hearing if the applicant so desires.

H. The licensee may not engage in the sale of units, either new or used, unless the licensee maintains an office where the records are available for inspection and the location is listed on the license application as the principal place of business. END_STATUTE

Sec. 3. Section 41-2186, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2186. Grounds for disciplinary action

The deputy director may, on the deputy director's own motion, and shall, on the complaint in writing of any person, cause to be investigated by the office the acts of any manufacturer, dealer, broker, salesperson or installer licensed with the office and may temporarily suspend or permanently revoke any license issued under this article, impose an administrative penalty or place on probation any licensee, if the holder of the license, while a licensee, is guilty of or commits any of the following acts or omissions:

1. Failure in any material respect to comply with this article or article 2 of this chapter.

2. Violation of any rule that is adopted by the board and that pertains to the construction of any unit or of any rule that is adopted by the board and that is necessary to effectively carry out the intent of this article, article 2 of this chapter or the laws of the United States or of this state.

3. Misrepresentation of a material fact by the applicant in obtaining a license.

4. Aiding or abetting an unlicensed person or knowingly combining or conspiring with an unlicensed person to evade this article or article 2 of this chapter, or allowing one's license to be used by an unlicensed person or acting as an agent, partner or associate of an unlicensed person with intent to evade this article or article 2 of this chapter.

5. Conviction of a felony.

6. The doing of a wrongful or fraudulent act by a licensee that relates to this article or article 2 of this chapter, including, beginning July 1, 2012, failure to comply with section 41‑2180, subsection A, or the doing of any other wrongful or fraudulent act in conjunction with the sale, transfer or relocation of a mobile home in this state.

7. Departure from or disregard of any code or any rule adopted by the board.

8. Failure to disclose or subsequent discovery by the office of facts that, if known at the time of issuance of a license or the renewal of a license, would have been grounds to deny the issuance or renewal of a license.

9. Knowingly entering into a contract with a person not duly licensed in the required classification for work to be performed for which a license is required.

10. Acting in the capacity of a licensee under any license issued under this article in a name other than as set forth on the license.

11. Acting as a licensee while the license is under suspension or in any other invalid status.

12. Failure to respond relative to a verified complaint after notice of such complaint.

13. Violation of title 28, chapter 10 or rules adopted pursuant to title 28, chapter 10, except for the licensing requirements of sections 28‑4334, 28‑4335, 28‑4361, 28‑4362, 28‑4364, 28‑4401 and 28‑4402.

14. False, misleading or deceptive sales practices by a licensee in the sale or offer of sale of any unit regulated by this article or article 2 of this chapter.

15. Failure to remit the consumer recovery fund fee pursuant to section 41‑2189.

16. Acting as a salesperson while not employed by a dealer or broker.

17. As a salesperson, representing or attempting to represent a dealer or broker other than by whom the salesperson is employed.

18. Failure by a salesperson to promptly place all cash, checks and other items of value and any related documents received in connection with a sales transaction in the care of the employing dealer or broker.

19. Failure to provide all agreed on goods and services.

20. Failure to manufacture or install in a workmanlike manner all subassemblies, units and accessory structures that are suitable for their intended purpose.

21. Failure of the licensee to work only within the scope of the license held.

22. An action by a licensee, who is also a mobile home park owner, manager, agent or representative, that restricts a resident's or prospective resident's access to buyers, sellers or licensed dealers or brokers in connection with the sale of a home or the rental of a space, that the department finds constitutes a violation of section 33‑1434, subsection B or section 33‑1452, subsection E or that violates any law or regulation relating to fair housing or credit practices.

23. An action by a licensee that induces or is intended to induce a resident of a mobile home park to violate the resident's rental agreement in order to effect a sale of the resident's mobile home or that misrepresents to the resident's landlord the price or terms of the sale of the resident's mobile home if disclosure of the price or terms is required by the resident's rental agreement.

24. Failure of a licensee that is the responsible party pursuant to section 33-1485.01, subsection A to restore the mobile home space pursuant to the rental agreement, the mobile home park rules or section 33-1485.01, subsection D. END_STATUTE