Bill Text: AZ HB2258 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Mobile home landlord tenant; amendments
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-18 - House GHE Committee action: Held [HB2258 Detail]
Download: Arizona-2016-HB2258-Introduced.html
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REFERENCE TITLE: mobile home landlord tenant; amendments |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2258 |
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Introduced by Representatives Brophy McGee: Pratt
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AN ACT
amending sections 33-1412, 33-1413.01 and 33-1413.03, Arizona Revised Statutes; amending title 33, chapter 11, article 1, Arizona Revised Statutes, by adding section 33-1413.04; amending sections 33-1452 and 33-1481, 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 33-1412, Arizona Revised Statutes, is amended to read:
33-1412. Notice
A. A person has notice of a fact if he the person has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him the person at the time in question he the person has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he the person has actual knowledge of it.
B. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to his the person's attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him the landlord as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33‑1432 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him the tenant at the place held out by him the tenant as the place for receipt of the communication or, in the absence of such designation, to his the tenant's last known place of residence other than the landlord's mobile home or space, if known. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him the tenant or landlord or five days after the date the notice is mailed, whichever occurs first. If notice is mailed by first CLASS mail to an addressee with an address outside of the United STATES or is sent as a letter with a private delivery service that is doing business in the destination country, the tenant or landlord is deemed to have received the notice on the date the notice is actually RECEIVED or seven days after the date the notice is mailed or is deposited with the private delivery service, whichever occurs earlier. If the notice is mailed to an address outside of the United States, a certificate of mailing ESTABLISHES a presumption that the notice was deposited in the United States mail on the date indicated on the certificate.
C. "Notice" , knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his the individual's attention if the organization had exercised reasonable diligence, but such knowledge shall be subject to proof.
Sec. 2. Section 33-1413.01, Arizona Revised Statutes, is amended to read:
33-1413.01. Utility charges; waste, garbage and rubbish removal charges; preemption
A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.
B. If the landlord separately charges for utilities, the landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider.
C. For the purpose of regulating mobile home parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9, that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any mobile home park as a public or consecutive water system.
D. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family residential charge, fee or rate for these services levied by the political subdivision or provider.
E. Notwithstanding any other law, for utilities that are billed through one or more master meters as prescribed by this section, a city, town or county or other political subdivision of this state may not assess or collect a tax on the landlord's utility charges to the tenant if the landlord pays all applicable taxes at the time the landlord purchases the utility through the master meter. This subsection preempts all local laws, ordinances, charter provisions or rules to the contrary.
Sec. 3. Section 33-1413.03, Arizona Revised Statutes, is amended to read:
33-1413.03. Caregivers
A resident tenant may have one person who is at least eighteen years of age occupy the resident's tenant's mobile home on a temporary basis to provide necessary live‑in health care or live-in supportive care to the resident a person with a disability who is a member of the tenant's household pursuant to a written treatment plan prepared by the resident's physician health care provider for the person with a disability. The landlord may require the resident to provide a written renewal of the physician's treatment plan every six months. The landlord may require a tenant to provide written proof from a health care provider that states that the resident for whom the request is made is a person with a disability and that the CAREGIVER is needed to aid the resident in living with the disability. A landlord may not inquire as to the SPECIFIC nature of the person's disability. The landlord shall not charge a fee for the person rendering care. The person rendering care has no rights of tenancy, and any agreement between the resident tenant and person rendering care in no way modifies does not modify any term or condition of the rental agreement between the landlord and tenant. The person rendering care shall comply with the rules and regulations of the mobile home park. Except for any requirements related solely to credit worthiness, the landlord may require the caregiver to comply with the landlord's standard requirements for residence.
Sec. 4. Title 33, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 33-1413.04, to read:
33-1413.04. Assistive animals; reasonable accommodation; definitions
A. A TENANT who has A PERSON WITH A DISABILITY AS AN APPROVED MEMBER OF THE tenant's HOUSEHOLD MAY REQUEST that the landlord provide A REASONABLE ACCOMMODATION TO PET or other RESTRICTIONS TO ALLOW AN ASSISTIVE ANIMAL. THE grant of a REASONABLE ACCOMMODATION BY the LANDLORD shall be BASED ON THE SPECIFIC CIRCUMSTANCES OF EACH INDIVIDUAL SITUATION. IF THE RESIDENT'S DISABILITY IS NOT OBVIOUS OR THE DISABILITY-RELATED NEED FOR THE ASSISTIVE ANIMAL IS NOT OBVIOUS, The landlord may require a tenant to provide written proof from a health care provider that states that the resident for whom the request is made is a person with a disability and that the assistive animal is needed to aid the resident in living with the disability. A landlord may not inquire as to the SPECIFIC nature of the person's disability.
B. Unless the reasonable ACCOMMODATION would cause the landlord an undue burden, a LANDLORD MUST GRANT A TENANT'S REASONABLE ACCOMMODATION REQUEST FOR AN ASSISTIVE ANIMAL if THE TENANT provides the appropriate requested documentation to the landlord.
C. A LANDLORD MAY EXCLUDE ASSISTIVE ANIMALS THAT ARE A DIRECT THREAT TO OTHERS AND may REQUIRE A TENANT TO ADHERE TO REASONABLE RULES RELATED TO CLEAN UP, NOISE AND CONTROL of the animal IN COMMON AREAS.
D. A LANDLORD MAY NOT CHARGE A TENANT a FEE OR a DEPOSIT FOR KEEPING AN ASSISTIVE ANIMAL, but A LANDLORD MAY HOLD A TENANT LIABLE FOR ANY DAMAGE the ASSISTIVE ANIMAL CAUSES TO THE PREMISES AND MAY REQUIRE THAT THE ANIMAL'S CONDUCT COMPLY WITH RESTRICTIONS IN THE COMMUNITY COVERING CONTROL AND BEHAVIOR OF PETS AND OTHER ANIMALS IN TENANT HOUSEHOLDS.
E. For the purposes of this section:
1. "ASSISTIVE ANIMAL" means AN ANIMAL THAT PROVIDES ASSISTANCE TO A PERSON WITH A DISABILITY, INCLUDING assistance for MOBILITY, HEARING, guidance, SEIZURE ALERT AND EMOTIONAL SUPPORT. AN ASSISTIVE ANIMAL shall NOT be CONSIDERED A PET AND IS NOT REQUIRED TO BE PROFESSIONALLY TRAINED.
2. "PERSON WITH A DISABILITY" means a person WITH A PHYSICAL OR MENTAL IMPAIRMENT THAT LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
Sec. 5. Section 33-1452, Arizona Revised Statutes, is amended to read:
33-1452. Rules and regulations
A. A landlord shall adopt written rules or regulations, however described, concerning 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 the landlord's property from abusive use, preserve or upgrade the quality of the mobile home park or make a fair distribution of services and facilities held out for the tenants generally.
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.
6. The prospective tenant has a copy of the current rules and regulations before the prospective tenant enters into the rental agreement.
B. 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 shall comply with all current statements of policy and 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.
C. A new tenant who purchases an existing mobile home in a mobile home park shall comply with all current statements of policy and rules and 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, except that the landlord shall not require the replacement of the siding and skirting on a mobile home unless the replacement siding and skirting will significantly change or improve the appearance of the mobile home.
D. If any mobile home park owner adds, changes, deletes or amends any rule, notice in writing of all such additions, changes, deletions or amendments shall be furnished to all mobile home tenants thirty days before they become effective by first class or certified mail. Any rule or condition of occupancy which that is unfair and deceptive or which that does not conform to the requirements of this chapter shall be unenforceable. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant only if it does not work a substantial modification of the rental agreement.
E. A person who owns or operates a mobile home park shall not:
1. Deny rental unless the mobile home does not meet the requirements of the rules and regulations of the landlord and the statements of policy prescribed pursuant to section 33‑1436 or the park resident or prospective resident cannot conform to park rules and regulations.
2. Require any person as a precondition to renting, leasing or otherwise occupying a space for a mobile home in a mobile home park to pay an entrance or exit fee of any kind unless for services actually rendered or pursuant to a written agreement.
3. Deny any resident of a mobile home park the right to sell the resident's mobile home at a price of the resident's own choosing during the term of the tenant's rental agreement, but the landlord may reserve the right to approve the purchaser of such mobile home as a tenant but such permission may not be unreasonably withheld, except that the landlord may require, notwithstanding paragraph 6 of this subsection, in order to preserve or upgrade the quality of the mobile home park, that any mobile home not in compliance with the landlord’s current rules and regulations and statements of policy, in a rundown condition or in disrepair be removed from the park within sixty days. Within ten days of after a written request by the seller or prospective purchaser, a landlord shall notify the seller and the prospective purchaser in writing of any reasons for withholding approval of a purchaser pursuant to this paragraph. The notice to the prospective purchaser shall identify the reasons for disapproval with reasonable specificity. The notice to the seller shall identify the reasons in summary fashion consistent with applicable federal and state consumer protection laws and shall inform the seller that the seller should consult with the prospective purchaser for more specific details.
4. Exact a commission or fee with respect to the price realized by the tenant selling the mobile home, unless the park owner or operator has acted as agent for the mobile home owner pursuant to a written agreement.
5. Require a tenant or prospective tenant to use any specific sales agency, manufacturer, retailer or broker.
6. Notwithstanding section 33‑1436, subsection C, require an existing tenant to furnish permanent improvements which cannot be removed without damage thereto or to the mobile home space by a tenant at the expiration of the rental agreement. If the landlord includes any requirements for permanent improvements in the rules or statements of policy, these requirements shall not apply to any mobile home already existing in the mobile home park.
7. Prohibit a tenant from advertising the sale or exchange of the tenant's mobile home, including the display of a "for sale" or "open house" sign on the dwelling or in the window of the mobile home stating the name, address and telephone number of the owner or agent of the mobile home. The sign may be no larger than twelve inches wide and eighteen inches long. In addition to the display of a sign in the window, the tenants may display the signs on a central posting board in the park which is reasonably accessible to the public seven days a week during daylight hours.
F. The landlord or manager of a mobile home park shall include, in rules and regulations, an emergency number to be called when the park is left unattended, regardless of the size of the park.
G. The landlord shall not prohibit or adopt a rule that prohibits tenants or a tenant association from meeting with permission of the tenant in the tenant's mobile home, assembling at common facilities or areas within the park or meeting with or without invited visiting speakers in the mobile home park to discuss issues relating to mobile home living and affairs including the forming of a tenant association. Such meetings shall be allowed in common facilities if such meetings are held during normal operating hours of the common facility and when the facility is not otherwise in use. The tenant or tenant association shall be allowed to post notice of a meeting on a bulletin board in the mobile home park used for similar notice notices and shall be allowed to include notice of a meeting in a park newsletter. Meeting notices and meetings prescribed in this subsection shall not constitute a solicitation. For the purposes of this subsection, "common facilities" means a recreation hall, a clubhouse, a community center and any outdoor common area meeting location that is utilized by the tenants.
H. Any improvements made by a tenant such as plants, vines, edgings, gravel, stone or other additions made for the benefit of the tenancy may be removed by the tenant, or by agreement of both parties the landlord may retain the improvements by paying the tenant for their actual cost.
I. If a tenant dies, any surviving joint tenant or cotenant continues as tenant with the same rights, privileges and liabilities as if the surviving tenant were the original tenant, with the additional right to terminate the rental agreement by giving sixty days' written notice to the landlord within sixty days after the death of the tenant.
J. If a tenant who was sole owner of the mobile home dies during the term of the rental agreement, the following apply:
1. The tenant's heirs, personal representative or other legal representative have has the right to cancel the lease by giving thirty days' written notice to the landlord with the same rights, privileges and liabilities of the original tenant.
2. The tenant's heirs, personal representative or other legal representative has the right to become a tenant if qualified and approved by the LANDLORD.
3. The tenant's heirs, personal representative or other legal representative has the right to sell the mobile home as prescribed by this chapter and in compliance with the rental agreement in effect at the time the tenant died if the tenant's liabilities to the landlord for rent, utilities and taxes are paid, including liabilities for reasonable maintenance of the mobile home and the mobile home space that accrue pursuant to the rental agreement after the tenant's death and until the mobile home is sold.
K. This section does not prohibit a landlord from requiring removal of a mobile home from the mobile home park within sixty days after the sale by a tenant if the mobile home does not meet the current requirements of the rules and regulations and statements of policy, including those pertaining to the size, condition and appearance of the mobile home, and exterior materials with which the mobile home has been constructed.
L. On the sale of a mobile home that was manufactured after June 15, 1976 to a tenant who is otherwise qualified for tenancy, a landlord shall not require removal of that mobile home from the mobile home park solely because of the age of the mobile home. A landlord may require the removal of a mobile home on the sale of the mobile home solely because of the age of the mobile home if the mobile home was manufactured on or before June 15, 1976. This subsection shall not be construed to preclude a landlord from prohibiting a mobile home from being moved into a mobile home park solely because of the age of the mobile home without regard to its date of manufacture.
Sec. 6. Section 33-1481, Arizona Revised Statutes, is amended to read:
33-1481. Remedy after termination
A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and a separate claim for actual damages for breach of the rental agreement.
B. In the execution of any writ of restitution issued pursuant to section 12‑1178 or 12‑1181, the landlord may provide written instructions to the sheriff or constable not to remove the mobile home from its space, and if those written instructions are provided, the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the mobile home and from the space it occupies. The mobile home shall then be deemed abandoned and section 33‑1478 applies and the landlord may terminate any utility services that are provided by the landlord. An owner of a mobile home in compliance with the provisions of subsection C d of this section may recover possession of the owner's mobile home while the title remains in the owner's name.
C. After a writ of restitution or writ of execution is executed as prescribed in section 12-1178 or 12-1181, the landlord shall allow the tenant to have access to the tenant's mobile home to recover personal possessions during reasonable business hours for twenty-one days beginning on the first day after the writ is executed. if the landlord fails to allow reasonable access to the tenant to recover possession of the tenant's personal property in violation of this section, the tenant may recover the personal property from the landlord or may receive damages as determined by the court. the landlord has no right to enter the mobile home or remove any contents of the mobile home after termination of the rental agreement until the landlord lawfully obtains title to the mobile home, except that the landlord may enter the mobile home as necessary to ensure the mobile home is secure.
C. D. A mobile home that is subject to a judgment for forcible detainer may not be removed from its space until the provisions of section 33‑1451, subsection B have been satisfied. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This provision shall not apply to any lienholder of record on the date of judgment or its successors or assigns.
