Bill Text: MI HB4299 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Mobile homes: other; residents' right of first refusal in sale or lease of a mobile home park; provide for. Amends 1987 PA 96 (MCL 125.2301 - 125.2350) by adding sec. 16b. TIE BAR WITH: HB 4303'21, HB 4304'21, HB 4300'21, HB 4301'21, HB 4302'21, HB 4298'21
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-13 - Referred To Committee On Regulatory Reform [HB4299 Detail]
Download: Michigan-2021-HB4299-Introduced.html
HOUSE BILL NO. 4299
February 23, 2021, Introduced by Reps. Kahle,
Mueller, Sneller, Cherry, Witwer, Hertel and Clements and referred to the
Committee on Regulatory Reform.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
(MCL 125.2301 to 125.2350) by adding section 16b.
the people of the state of michigan enact:
Sec. 16b. (1) Notwithstanding any
provision of law to the contrary, if the department denies a license
application under section 16, the department shall give written notice of the
denial by registered mail to the applicant stating reasons for the denial and the
right to appeal the denial to the commission. An applicant denied a license may
request an appeal before the commission on the denial not later than 15
business days after the United States Postal Service confirms delivery or
attempted delivery of the denial. On receipt of the applicant's appeal, the
commission shall hold a hearing on the appeal and issue a determination to the
department. The commission shall issue the determination within 120 days of the
applicant's appeal. If the commission makes a determination that is different
from the department's decision, the commission shall issue a written opinion
stating the reasons for the determination, including the applicable statutory
provision or promulgated rules it relied upon in making that determination. On
receipt of the commission's determination, the department shall do either of
the following:
(a)
Issue the license to the applicant if the determination states that the
department must issue the license.
(b)
Decline to issue the license if the determination rejects the applicant's
appeal.
(2) If the commission fails to issue a determination under subsection (1) within 120 days of the applicant's appeal, the department shall consider the commission's failure to issue the determination as a determination to issue the license, unless the commission meeting was unable to be held due to an inability of a majority of its members to attend and would have failed to have a quorum.
(3) A licensed owner of a mobile home park or seasonal mobile home park shall notify the department of any of the following within 30 days of its occurrence:
(a) A change of ownership.
(b) A change of
the mailing or electronic business address of the licensed owner of the mobile
home park or seasonal mobile home park.
(4) An owner of a
mobile home park or seasonal mobile home park that sells a mobile home park or
seasonal mobile home park shall, within 30 days of the sale, provide the
department with a copy of the sales contract or any recorded deed and notify
the department of all of the following:
(a) The identity
of the buyer of the mobile home park or seasonal mobile home park, including
the contact information of the buyer.
(b) The date of
the sale.
(c) Any change in the seller's contact information.
(5) The department in consultation with the commission shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to do all of the following:
(a) Provide standards and procedures for the commission to determine whether a mobile home park or seasonal mobile home park that is not in substantial compliance with the rules promulgated under sections 5 and 6 is a distressed park. The standards and procedures must provide the owner of the mobile home park or seasonal mobile home park with an opportunity for an evidentiary hearing and require the commission to consider, at least, all of the following:
(i) The length of time the mobile home park or seasonal mobile home park has not been in substantial compliance with the rules promulgated under sections 5 and 6.
(ii) Whether the owner of the mobile home park or seasonal mobile home park was notified and had sufficient opportunity to bring the mobile home park or seasonal mobile home park into substantial compliance.
(iii) Any imminent threat to the health or safety of the residents of the mobile home park or seasonal mobile home park.
(iv) Whether the mobile home park or seasonal mobile home park has been or is likely to be abandoned by the owner.
(b) Require the owner of a distressed mobile home park or seasonal mobile home park to post financial assurance in the form of a bond, cash deposit, or other financial arrangement to ensure the repair and cleanup of the mobile home park or seasonal mobile home park, including the repair of substandard or noncomplying park-owned utility systems and the removal and disposal of abandoned mobile homes, scrap material, or other waste.
Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 101st Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4301
(request no. 00774'21).
(b) Senate Bill No.____ or House Bill No. 4304
(request no. 00775'21).
(c) Senate Bill No.____ or House Bill No. 4300
(request no. 01198'21).
(d) Senate Bill No.____ or House Bill No. 4303
(request no. 01312'21).
(e) Senate Bill No.____ or House Bill No. 4298
(request no. 01319'21).
(f) Senate Bill No.____ or House Bill No. 4302 (request no. 01469'21).
