§ 31-44-3 - Rules and regulations.
SECTION 31-44-3
§ 31-44-3 Rules and regulations. –The following requirements and restrictions shall apply to all mobile andmanufactured home parks:
(1) A mobile and manufactured home park licensee shallpromulgate reasonable rules and regulations which shall specify standards formobile and manufactured homes in the park, entry requirements, and rulesgoverning the rental or occupancy of a mobile and manufactured home lot andmobile and manufactured home park;
(2) Current rules and regulations promulgated by a mobile andmanufactured home park licensee shall be delivered by the licensee to aprospective resident prior to entering into a rental agreement, and to theresident(s) as soon as promulgated and whenever revised. A copy of the rulesand regulations shall be filed with the director and posted in a conspicuousplace in the mobile and manufactured home park;
(3) Any rule or change in rent which does not apply uniformlyto all mobile and manufactured home residents of a similar class shall create arebuttable presumption that the rule or change in rent is unreasonable;
(4) A mobile and manufactured home park licensee shall notimpose any conditions of rental or occupancy which restricts the mobile andmanufactured home owner in his or her choice of a seller of fuel, furnishings,goods, services, accessories, or other utilities connected with the rental oroccupancy of a mobile and manufactured home lot.
(ii) The licensee who purchases electricity or gas (natural,manufactured, or similar gaseous substance) from any public utility ormunicipally owned utility or who purchases water from a water system for thepurpose of supplying or reselling the electricity or gas to any other person towhom he leases, lets, rents, subleases, sublets, or subrents the premises uponwhich the electricity, gas, or water is to be used shall not charge, demand, orreceive directly or indirectly, any amount for the resale of any electricity,gas, or water greater than that amount charged by the public utility ormunicipally owned utility from which the electricity, or gas was purchased orby the public water system from which the water was purchased.
(iii) However, if the licensee incurs costs in bringing theutility service to individual units, or in utilizing individual meters or insome similar cost, the licensee will be entitled to a return for the investment.
(iv) The park operator shall post in a conspicuous place theprevailing utility rate schedule as published by the serving utility;
(5) If any mobile and manufactured home park licensee adds,changes, deletes, or amends any rule governing the rental or occupancy of amobile and manufactured home lot in a mobile and manufactured home park, a newcopy of all those rules shall be furnished to all mobile and manufactured homeresidents in the park, and filed with the department for its review,recommendations, and recording for future reference at least forty-five (45)days prior to the effective date of the addition, change, deletion, oramendment. The new copy furnished to the resident shall be signed by both themobile and manufactured home park owner and the mobile and manufactured homepark resident. Any mobile park resident who believes that said rule change isin violation of the chapter may file a complaint with the director inaccordance with § 31-44-17. Said complaint shall be filed within twenty(20) days of receipt of written notice of said change. Said complaint shallspecify the rule in dispute and contain the basis by which said change violatesthis chapter.
(6) If any mobile and manufactured home park licensee changesthe rent or fees associated with a mobile and manufactured home lot, notice ofthe change shall be given to the mobile and manufactured home resident at leastsixty (60) days prior to the effective date of the change. Any mobile parkresident who believes that said rule change is in violation of this chapter mayfile a complaint with the director in accordance with § 31-44-17. Saidcomplaint shall be filed within twenty (20) days after receipt of writtennotice of said change. The complaint shall specify the basis by which saidchange violates this chapter.
(7) The owners of individual mobile and manufactured homesshall be entitled to have as many occupants in their homes as is consistentwith the number of bedrooms and/or bed spaces certified by the manufacturer;provided that the occupancy does not violate any provision of the general lawsor other municipal regulations. All bedrooms shall consist of a minimum offifty (50) square feet of floor area and bedrooms designed and certified fortwo (2) or more people shall consist of seventy (70) square feet of floor areaplus fifty (50) square feet for each person in excess of two (2). If there issufficient bed space, according to the criteria set forth in this subdivision,additional rent or charges may not be imposed by a park owner or manager forany person or persons moving in with current resident owners of a mobile andmanufactured home;
(8) A prospective resident shall not be charged an entrancefee for the privilege of leasing or occupying a mobile and manufactured homelot, except as provided in § 31-44-4; provided, that when a mobile andmanufactured home is transported onto the mobile and manufactured home park, anentrance fee may be charged. However, if the park owner received a commissionfor the sale of the mobile and manufactured home, no entrance fee shall becharged. A reasonable charge for the fair value of the owner's cost inobtaining, preparing, and maintaining a lot or for the fair value of servicesperformed in placing a mobile and manufactured home on a lot shall not beconsidered an entrance fee, but shall be deemed a hook-up fee or maintenancefee and shall be detailed in the fee schedule. No tenant, or person seekingspace in a mobile and manufactured housing park, shall be required to purchasemanufactured housing from any particular person unless the person designated isthe park owner or operator and the requirement is imposed only in connectionwith the initial leasing or renting of a newly-constructed lot or space notpreviously leased or rented to any other person. A resident may remove andreplace a mobile and manufactured home, provided, that the resident shallinstall the mobile and manufactured home in accordance with present parkstandards regarding structural requirements and aesthetic maintenance in themobile and manufactured home park where the replacement occurs, and inaccordance with minimum standards for mobile and manufactured homes establishedby the United States department of housing and urban development. No fee shallbe charged by the licensee to residents as a result of the resident'sinstallation of cable television;
(9) Prior to signing a lease a licensee shall dispose inwriting to the prospective resident:
(i) The rental for the space or lot; and
(ii) Any charges, including service charges, imposed by thelicensee. The licensee shall dispose the rent and charges which were in effectduring the three (3) preceding years or the period during which the licenseehas operated the mobile home park, whichever is shorter;
(10) A copy of the fee schedule shall be filed with thecommission and posted in a conspicuous place in the mobile and manufacturedhome park; and
(11) A resident shall not be charged a fee for keeping a petin a mobile and manufactured home park unless the park owner or managementactually provides special facilities or services for pets. If special petfacilities are maintained by the park owner or management, the fee chargedshall reasonably relate to the cost of maintenance of the facilities orservices and the number of pets kept in the park.
(ii) If the park owner or management of a mobile andmanufactured home park implements a rule or regulation prohibiting residentsfrom keeping pets in the park, the new rule or regulation shall not apply toprohibit the residents from continuing to keep the pets currently in the parkif the pet otherwise conforms with the previous park rules or regulationsrelating to pets. However, if the pet dies, the resident shall have the rightto replace the pet.
(iii) Any rule or regulation prohibiting residents fromkeeping pets in a mobile and manufactured home park shall not apply to guide,signal, or service animals.