HB2176 - 531R

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

Section 1. Title 33, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 33-1419, to read:

START_STATUTE33-1419. Heir to mobile home; requirements; accounts

For any person who inherits a mobile home by will, trust or any other testamentary conveyance, all of the following apply:

1. The person may do either of the following:

(a) Reside in the mobile home on the premises only if the person meets the requirements prescribed for other tenants in the mobile home park, including compliance with age requirements, background checks and signing the mobile home park's standard rental documentation.

(b) Sell the mobile home in accordance with the provisions of this article and the deceased tenant's rental agreement.

2. The person shall pay any amount past due to the landlord from the deceased tenant.

3. The landlord shall apply all of the deceased tenant's prepaid amounts or credits, including security deposits, for the benefit of the person inheriting the mobile home. END_STATUTE

Sec. 2. 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 by 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 the maximum of seven thousand five hundred dollars for a single section mobile home or ten twelve thousand five hundred dollars for a multisection mobile home. Moving expenses include the cost of stabilizing, 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 Arizona department of housing 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 after 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 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 an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33‑1451, subsection A, paragraph 6 if the tenant relocates.

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.

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.

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.

N. After delivery of the one hundred eighty‑day notice prescribed by subsection A of this section, the landlord and the tenants shall inform any prospective buyer or tenant that closure of the park is pending.

N. O. 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. 3. 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 sections 33‑1476.03 and 33‑2151 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 41‑4008 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 sections 33‑1476.01 and 33‑2149. 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 Arizona department of housing's administration of the hearing function pursuant to section 41‑4062 and the Arizona department of housing'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 Arizona department of housing to offset the costs of administering the fund, including the direct and indirect costs of processing applications for reimbursement submitted under section 41‑4008 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. 4. Section 33-2122, Arizona Revised Statutes, is amended to read:

START_STATUTE33-2122. Disclosure

A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before entering into the rental agreement the name and address of each of the following:

1. The person authorized to manage the premises.

2. The owner of the premises and, if applicable, a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and providing receipts for notices and demands.

B. The information required to be furnished by this section shall be kept current and refurnished to the tenant on the tenant's request. If there is a new owner or operator this section extends to and is enforceable against any successor landlord, owner or manager.

C. Failure to comply with subsection A or B of this section renders the manager, any employee and the owner's agent subject to the following:

1. Service of process and receiving and receipting for notices and demands.

2. Performing the obligations of the landlord under the rental agreement and spending or making available for the purpose of performing the landlord's obligations all rent collected from the premises.

D. Each tenant shall be notified in writing of any rent increase at least sixty days before the increase by first class or certified mail or by personal delivery.

E. Except for renewals of a rental agreement, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall provide to the tenant before entering into a rental agreement for a recreational vehicle park trailer space the following:

1. A copy of the Arizona recreational vehicle long-term rental space act.

2. For persons who are purchasing or placing in the park a recreational vehicle that is a park trailer or park model, a notice that the park trailer or park model is governed by the Arizona recreational vehicle long-term rental space act and not the Arizona mobile home parks residential landlord and tenant act.

F. The landlord shall also make available to all tenants a current copy of the Arizona recreational vehicle long-term rental space act. END_STATUTE

Sec. 5. Title 33, chapter 19, article 4, Arizona Revised Statutes, is amended by adding sections 33-2149, 33-2150 and 33-2151, to read:

START_STATUTE33-2149. Change in use; notices; compensation for moving expenses; payments by the landlord

For recreational vehicles that are park trailers or park models only:

1. 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.

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

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

(a) Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the park trailer or park model to a new location that is within a fifty‑mile radius of the vacated park or the maximum of four thousand dollars. Moving expenses include the cost of stabilizing, taking down, moving and setting up the park trailer or park model in the new location.

(b) Abandon the park trailer or park model in the park and collect an amount equal to one‑forth of the maximum allowable moving expense for that park trailer or park model from the mobile home relocation fund. To qualify for abandonment payment pursuant to this subdivision, the tenant shall deliver to the landlord the current title to the park trailer or park model 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 have been paid to date. The tenant shall provide a copy of these documents to the Arizona department of housing in support of the tenant's application for payment. If the tenant chooses to abandon the park trailer or park model pursuant to this subdivision, the landlord is exempt from making the payments to the fund prescribed in paragraph 4 of this section.

(c) If a park trailer or park model is relocated to a location outside of the vacated park and, in the sole judgment of the director, the park trailer or park model was ground set in the 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 park trailer or park model. These monies are in addition to any monies provided pursuant to subdivision (a) of this paragraph.

4. Except as provided in paragraph 3, subdivision (b) and paragraph 6 of this section, if there is a change in use the landlord shall pay two hundred fifty dollars for each park trailer or park model relocated to the fund for each tenant filing for relocation assistance with the director.

5. If a change in use occurs and the landlord does not comply with paragraph 1 of this section, the landlord shall pay to the fund in addition to the monies prescribed in paragraph 4 of this section two hundred fifty dollars for each space occupied by a park trailer or park model.

6. The landlord is not required to make the payments prescribed in paragraphs 4 and 5 of this section for moving a park trailer or park model owned by the landlord or for moving a park trailer or park model under a contract with the tenant if the tenant does not file for relocation assistance with the director.

7. The tenant shall submit a contract for relocation of a park trailer or park model 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.

8. If the contract is approved, the payment of relocation expenses shall be made 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 park trailer or park model to a new location.

(b) The installer or contractor provides documentation to the department that the installation of the park trailer or park model at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

9. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33‑2105, subsection I, if the tenant relocates.

10. If this state or a political subdivision of this state exercises eminent domain and the 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.

11. 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.

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

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

START_STATUTE33-2150. Relocations due to change in age‑restricted community use; payment from mobile home relocation fund; applicability

for recreational vehicles that are park trailers or park models only:

1. 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.

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

(a) The tenant resides in a park trailer or park model that is owned by the tenant and that is located in an age‑restricted park.

(b) 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.

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

4. A tenant is eligible to receive relocation expenses pursuant to paragraph 2 of this section as follows:

(a) 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 park trailer or park model to the director for approval and to the landlord.

(b) After notice of approval by the director for the payment of relocation expenses, the tenant shall have a fully signed contract with a licensed installer or contractor to move the park trailer or park model to a specific location by a specific date and must have moved the park trailer or park model pursuant to that contract within forty‑five days after notice from the director.

(c) 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.

(d) If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following have been completed:

(i) The installer or contractor has obtained valid permits to move the park trailer or park model to a new location.

(ii) The installer or contractor provides documentation to the department that the installation of the park trailer or park model at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

(e) If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33‑2105, subsection I, if the tenant relocates.

(f) On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the park trailer or park model or four thousand dollars. Compensable moving expenses include the cost of stabilizing, taking down, moving and setting up the park trailer or park model in the new location if the park trailer or park model is relocated to another age‑restricted community within this state.

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

START_STATUTE33-2151. Assessments for mobile home relocation fund; waiver

For recreational vehicles that are park trailers or park models only:

1. In order to provide monies for the mobile home relocation fund, each owner of a park trailer or park model located in a park who does not own the land on which the park trailer or park model is located shall pay each year to the state an assessment in an amount determined by making the assessment as prescribed by section 33‑1476.03. The county treasurer shall collect the assessment imposed by this paragraph at the same time and in the same manner as personal property taxes. The county treasurer shall separately list the assessment on the tax roll and shall transfer the revenues collected to the state treasurer for deposit in the mobile home relocation fund. The county treasurer shall send to the state treasurer a written notice of the total taxable assessed valuation, derived by applying the applicable percentage specified in title 42, chapter 15, article 1 to the limited property value, of all park trailers or park models in the county on which the assessment prescribed by this section is assessed. The assessment constitutes a lien on the park trailer or park model.

2. The director shall notify all county assessors to waive the assessment for any year if the monies in the fund exceed eight million dollars. The director shall send a copy of the notice to the county treasurers.

3. If at the end of a fiscal year the amount of monies in the relocation fund is less than six million dollars, the director may notify the county assessors to reinstate the assessment prescribed by this section. If the director notifies the county assessors, the director shall send a copy of the notice to the county treasurers. END_STATUTE

Sec. 6. Section 41-4004, Arizona Revised Statutes, is amended to read:

START_STATUTE41-4004. Powers and duties of the deputy director; work by unlicensed person; inspection agreement; permit

A. The deputy director under the authority and direction of the director shall administer the provisions of this article and the rules adopted by the board.

B. The deputy director shall:

1. Establish a state inspection and design approval bureau within the office.

2. Enter into reciprocity agreements and compacts with other states or private organizations that adopt and maintain standards of construction reasonably consistent with those adopted pursuant to this article on determining that such standards are being enforced. The deputy director may void such agreements on determining such standards are not being maintained.

3. Authorize affixment of insignia to indicate compliance with the construction and installation requirements of this article.

4. Enter and inspect or investigate premises at reasonable times, after presentation of credentials by the deputy director or personnel of the office or under contract with the office, where units regulated by this article are manufactured, sold or installed, to determine if any person has violated this article or the rules adopted pursuant to this article.

5. Enter into agreements with local enforcement agencies to enforce the installation standards in their jurisdiction provided the deputy director is monitoring their performance to be consistent with the installation standards of the office.

6. If an inspection reveals that a mobile home entering this state for sale or installation is in violation of this chapter, order its use discontinued and the mobile home or any portion of the mobile home vacated. The order to vacate shall be served on the person occupying the mobile home and copies of the order shall be posted at or on each exit of the mobile home. The order to vacate shall include a reasonable period of time in which the violation can be corrected.

7. If an inspection of a new installation of any mobile home or manufactured home reveals that the natural gas or electrical connections of the installation do not conform to the installation standards promulgated pursuant to this article and the nonconformance constitutes an immediate danger to life and property, the inhabitants of the home shall be notified immediately and in their absence a notice citing the violations shall be posted in a conspicuous location. The deputy director may order that the public service corporation, municipal corporation or other entity or individual supplying the service to the unit discontinue such service. If the danger is not immediate, the deputy director shall allow at least twenty‑four hours to correct the condition before ordering any discontinuation of service.

8. If construction, installation, rebuilding or any other work is performed in violation of this chapter or any rule adopted pursuant to this chapter, order the work stopped. The order to stop work shall be served on the person doing the work or on the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the office to continue.

9. Verify written complaints filed with the office by purchasers within one year after the date of purchase or installation of units. Complaints shall be accepted from consumers which allege violations by any dealer, broker, salesperson, installer or manufacturer of this chapter or the rules adopted pursuant to this chapter.

10. On verification of a complaint pursuant to paragraph 9 of this subsection, serve notice to the dealer, broker, salesperson, installer or manufacturer that such verified complaint shall be satisfied as specified by the office.

11. Provide to the board every six months the year to date fund balance of and a listing of the year to date revenues and expenditures from the mobile home relocation fund established by section 33‑1476.02. The information shall be updated and posted on the department's website.

C. Any dealer, broker, salesperson, installer or manufacturer licensed by the office shall respond within thirty days to a notice served pursuant to subsection B, paragraph 10 of this section. Failure to respond is grounds for disciplinary action pursuant to section 41‑4039.

D. If an inspection or an investigation reveals that any work that is required to be performed by a licensee was performed by an unlicensed person required to be licensed pursuant to this chapter, the deputy director, an employee or a person under contract with the office may cite the unlicensed person. The citation may be issued and served pursuant to section 13‑3903. The action shall be filed in the justice court in the precinct where the unlicensed activity occurred.

E. The deputy director may enter into agreements with acceptable qualified building inspection personnel or inspection organizations for enforcement of inspection requirements provided the deputy director is monitoring their performance to be consistent with this article, rules adopted pursuant to this article and the established procedures of the office. If the deputy director determines that the person's or organization's performance is not consistent with this article, rules adopted pursuant to this article and the established procedures of the office, the person or organization may not enforce the contract and the aggrieved person shall be entitled to a refund of the consideration paid under the agreement.

F. If a mobile or manufactured home or factory‑built building is installed without first obtaining an installation permit, the deputy director shall send a written notice to the purchaser specifying that a permit is required. If a permit is not obtained within thirty days after receipt of the written notice, the department shall issue and serve by personal service or certified mail a citation on the purchaser. Service of the citation by certified mail is complete after forty‑eight hours after the time of deposit in the mail. On failure of the purchaser to comply with the citation within twenty days after its receipt, the deputy director shall file an action in the justice court in the precinct where installation occurred for violation of this subsection. END_STATUTE