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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
mobile homes; cooling; prohibition
Purpose
An emergency measure that precludes a mobile home park owner or operator from prohibiting a tenant from installing reasonably necessary commercial cooling methods on the tenant's mobile home.
Background
The Arizona Mobile Home Parks Residential Landlord and Tenant Act governs the rental of mobile home spaces to simplify and clarify the rights and obligations of landlords and tenants and to encourage landlord and tenants to maintain and improve the quality of mobile home housing. A landlord and tenant must enter into a signed, written rental agreement at the beginning of the tenancy. A landlord acts as the owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park.
A landlord must adopt written rules or regulations regarding the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if: 1) their purpose is to promote the convenience, safety or welfare of the tenants on the premises, preserve property from abusive use, preserve or upgrade the quality of the mobile home park or make a fair distribution of services and facilities; 2) they are reasonably related to the purpose for which adopted; 3) they apply to all tenants on the premises in a fair manner; 4) they are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what must or must not be done to comply; 5) they are not for the purpose of evading the obligations of the landlord; and 6) the prospective tenant has a copy of the current rules and regulations before the prospective tenant enters into the rental agreement. Additionally, a new rule adopted after the execution of the tenant's initial rental agreement that imposes a reoccurring financial obligation on a tenant is not enforceable against the tenant. If a mobile home park owner adds, changes, deletes or amends any rule, written notice of additions, changes, deletions or amendments, that information must be furnished to all mobile home tenants 30 days before the modifications become effective.
A new tenant who brings a mobile home into a mobile home park or who purchases an existing mobile home in a mobile home park must comply with all current rules or regulations, including those pertaining to the size, condition and appearance of the mobile home, and exterior materials with which the mobile home has been constructed. Statute outlines prohibitions for mobile home park operators or owners relating to a tenant's occupancy rights, including the prohibition on requiring an existing tenant to furnish permanent improvements that cannot be removed without damage thereto or to the mobile home space (A.R.S. §§ 33-1402 and 33-1452).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Precludes a person who owns or operates a mobile home park from prohibiting a tenant from installing reasonably necessary commercial cooling methods on the tenant's mobile home.
2. Makes a technical change.
3. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee of the Whole
· Adds an emergency clause.
House Action Senate Action
COM 1/23/24 DPA 10-0-0-0 FICO 3/4/24 DP 6-0-1-0
3rd Read 2/5/24 57-0-0-0-3
Prepared by Senate Research
March 18, 2024
MG/AB/cs