Legislative Analysis
Phone: (517) 373-8080
MOBILE HOME PARK CHANGES
http://www.house.mi.gov/hfa
House Bill 4886 as introduced
Analysis available at
Sponsor: Rep. Joseph A. Aragona http://www.legislature.mi.gov
House Bill 4887 as introduced
Sponsor: Rep. Mike Mueller
House Bill 4888 as introduced House Bill 4889 as introduced
Sponsor: Rep. Donavan McKinney Sponsor: Rep. John Fitzgerald
Committee: Regulatory Reform
Complete to 2-26-24
SUMMARY:
House Bills 4886 to 4889 would modify different statutes relating to mobile home parks.
Specifically, the bills would change provisions related to the licensing of mobile home park
owners, the prohibited business practices by park owners, and other related topics.
House Bill 4886 would amend the Mobile Home Commission Act to provide procedures for a
mobile home park owner to declare a mobile home abandoned. Specifically, the owner of a
mobile home park could declare a mobile home owned by another person as abandoned if they
have a good-faith belief that the owner of the mobile home has abandoned it. The good-faith
belief would have to be based on reasonable evidence that includes any of the following:
• A failure by the mobile home owner to pay rent for 30 days or more.
• The disconnection of utility services in the mobile home for 30 days or more.
• Abandonment of the mobile home by the mobile home owner. A mobile home would
be considered abandoned if the mobile home owner informs the owner of the mobile
home park that they are abandoning the mobile home or if it appears that the mobile
home has been vacant for 30 or more days.
Before declaring a mobile home abandoned, the owner of a mobile home park would have to
do all of the following:
• Affix a notice of intent to declare the mobile home abandoned on the mobile home.
• Send a copy of the notice of intent by certified United States Postal Service (USPS)
mail to the mobile home owner, all persons identified on any lease agreements between
the mobile home park owner and the mobile home owner, and all lienholders listed on
the mobile home owner’s title.
Upon receiving the notice of intent, the mobile home owner or a lienholder could enter the
mobile home park and remove the mobile home after paying all amounts owed to the mobile
home park under the lease agreement. The person removing the mobile home would be
responsible for any damage to the mobile home park that results from that removal.
Applying for Title
If the mobile home remains in the mobile home park for 30 days after the date the notice of
intent was postmarked, all liens on the mobile home would be extinguished and the owner of
the mobile home park could declare the mobile home abandoned and apply to the secretary of
House Fiscal Agency Page 1 of 7
state to obtain title to the mobile home. If the owner of the mobile home park applies for a title
to the mobile home, they would have to include with the application an affidavit that includes
all of the following statements:
• That the affiant is the licensed owner of the mobile home park in which the mobile
home is located.
• That the title of the mobile home is being transferred to the licensed owner of the
mobile home park in which the mobile home is located.
• That the mobile home park has complied with the requirements of the bill.
Within 30 days after receiving a title application and affidavit described above, the secretary
of state would be have to issue title of the mobile home to the owner of the mobile home park.
If there is evidence of a USPS mail return receipt showing proof of deliver of the notice of
intent described above from each lienholder described above, a title to a mobile home issued
under the bill would be transferred to the mobile home park owner free of all liens.
If the owner of the mobile home park is unable to find the title to or locate the vehicle
identification number (VIN) of the mobile home, they would have to prepare an affidavit
stating that they inspected the mobile home but could not locate the title to or VIN of the mobile
home. The affidavit would have to be sent to the secretary of state, who would have to issue a
new title of the mobile home that contains its VIN within 30 days of receiving the affidavit.
Proposed MCL 125.2330j
House Bill 4887 would amend the Mobile Home Commission Act to change the unfair or
deceptive methods, acts, or practices prohibited under the act.
Currently, the act prohibits the owner or operator of a mobile home park or seasonal mobile
home park from engaging in or allowing an employee or agent to engage in various activities,
including renting or leasing a mobile home or site in a mobile home park or seasonal mobile
home park without offering a written lease.
The bill would amend this language to prohibit renting or leasing a mobile home or site in a
mobile home park or seasonal mobile home park to a person that owns the mobile home located
in that park without offering the opportunity to enter into a written lease or agreement that
complies with the provisions that would be added to the Truth in Renting Act by House Bill
4889. The bill would also remove the operator of a mobile home park from the list of those
prohibited from engaging in the specified practices.
MCL 125.2328
House Bill 4888 would amend the Mobile Home Commission Act to change the duties of the
Department of Licensing and Regulatory Affairs (LARA), the topics covered by the rules
promulgated under the act, and to the licensing requirements for owners of a mobile home park.
Duties of LARA
The act currently requires LARA to perform various duties related to mobile home parks, the
Manufactured Housing Commission, and enforcing the act and its associated rules.
House Fiscal Agency HBs 4886 to 4889 as introduced Page 2 of 7
The bill would add a requirement that the department ensure that the commission meets not
less often than once each calendar quarter and take all reasonable steps necessary to ensure that
all members of the commission receive notice of scheduled meetings.
The bill would also add a requirement that the department employ an appropriate number of
qualified employees as required to implement and enforce the act and the rules promulgated
under it, including staff to conduct community inspections, review financial information,
manage the licensing process, and investigate potential violations of the act and its rules.
Beginning January 1, 2025, the department would have to employ at least three full-time
employees whose sole duties are to perform the obligations under the act.
Mobile home code
The act requires LARA to promulgate the mobile home code and mandates certain topics that
must be covered by the code.
The bill would newly require the section of the code governing the business, sales, and service
practices of mobile home dealers to include either or both of the following:
• A requirement that a mobile home dealer’s advertisements contain contact information.
• Parameters on dealer sales, financing practices, or the terms and conditions of the sale
of a mobile home.
In addition, the bill would add provisions requiring the code to include rules governing all of
the following:
• Inspections of mobile home parks and seasonal mobile home parks, including
establishing standard procedures for inspections that include a comprehensive list of
items a mobile home park or seasonal mobile home park must comply with to have a
satisfactory inspection.
• Inspection of the books and records of mobile home parks or seasonal mobile home
parks after giving the parks at least 10 days’ written notice before inspection.
• The content of a mobile home park or seasonal mobile home park licensing form.
• Conduct in mobile home sales, including substituting of purchased mobile homes,
removing equipment from mobile homes after the purchase agreement is executed, and
revising a purchase agreement after it has been executed.
• Dealer sales financing practices, including the form of a retail installment sales
agreement, prohibiting mandatory retailer-obtained financing or insurance of a mobile
home as a condition of sale, and requiring a retailer to pay off a loan after taking a
mobile home as a trade.
• Retailers’ and retailers’ agents’ practices as well as prohibited practices, including
violations of the act and its rules, acting on an unlicensed person’s behalf, allowing a
license to be used by an unlicensed person, disclosure of retailers’ interest to third
parties, and disclosure of retailers’ interest in transactions.
• The hearing process for persons aggrieved by a local government’s decision in relation
to a mobile home park or seasonal mobile home park licensed under the act.
• The process for identifying, documenting, notifying, and undertaking enforcement
measures against an unlicensed owner of a mobile home park or seasonal mobile home
park.
House Fiscal Agency HBs 4886 to 4889 as introduced Page 3 of 7
All rules that were promulgated by LARA or the Manufactured Housing Commission and that
are not rescinded on the bill’s effective date would be authorized, valid, and enforceable and
would remain in effect until the earlier of December 31, 2025 or the date LARA promulgates
rules under the bill.
Mobile home park owner licensing
Currently, the act provides that a person cannot operate a mobile home park or seasonal mobile
home park without a license. The bill would change this requirement to apply to those who
own a park, rather than operate one. Licenses under the act and the bill are valid for three years.
The bill would require the owner of a mobile home park or seasonal mobile home park to post
a copy of their license in a conspicuous place and in an area that is accessible to all residents
of the park.
The bill would also increase licensure fees, beginning October 1, 2024, as follows:
License Category Current Fee Proposed Fee
Mobile Home Park Owner $225 + $3 for each home site $250 + $4 for each home site
in excess of 25 in excess of 25
Seasonal Mobile Home Park $120 + $1.50 for each home $200 + $2 for each home site
Owner site in excess of 25 in excess of 25
Notice and penalties
The bill would require a person to apply for licensure within 30 days of becoming the owner
of a mobile home park or seasonal mobile home park. If LARA determines that an owner of a
park is unlicensed, it would notify the owner in writing regarding the lack of a license and
provide them with an application for licensure. The written notice would have to require the
unlicensed owner to apply for licensure within 30 days. LARA would also have to forward a
copy of the notice to the clerk of the municipality where the park is located.
If an unlicensed owner does not apply for licensure within the 30-day period, LARA would
have to impose a fine of up to $100,000 after notice and a hearing provided under the
Administrative Procedures Act. Collected fines would be deposited with the state treasurer and
credited to the Mobil Home Code Fund.
The bill would require the department to notify the attorney general of any unpaid fines for a
violation of the act. The attorney general would then be required to bring civil action in a court
of competent jurisdiction to recover the fine.
Fines imposed for a violation of the act, including those described above, could be collected
by the imposition of a judgment lien by a court or by obtaining a writ of garnishment against
the person determined to have violated the act. A writ of garnishment would have to be issued
by a court of competent jurisdiction and directed to the state or the state treasurer to satisfy the
fine. To obtain a writ of garnishment, LARA would need to comply with the requirements of
Chapter 40 of the Revised Judicature Act.
House Fiscal Agency HBs 4886 to 4889 as introduced Page 4 of 7
Database
Finally, the bill would require LARA to establish or cause to be established, by January 1,
2025, a public database on its website containing the contact information, license number, and
current licensing status of every owner of a mobile home park or seasonal mobile home park,
mobile home dealer, and mobile home installer or repairer. The database would have to be
updated within 30 days of a change in licensure status.
LARA would have to provide a means for an owner of a mobile home park or seasonal mobile
home park, mobile home dealer, or mobile home installer or repairer to update their contact
information. Every owner of a mobile home park or seasonal mobile home park would have to
designate an individual that is an officer, director, or employee of theirs to communicate with
LARA and provide that individual’s contact information, including their current street address,
monitored email address, and operational phone number.
The owner or a mobile home park would have to notify LARA of any of the following within
30 days of their occurrence:
• A sale of a mobile home park.
• A change of a designee of the owner of a mobile home park.
• A change in the email address, mailing address, or business address of the owner of a
mobile home park.
LARA also would have to establish a method for the public to submit a reporting form on its
website regarding potentially unlicensed owners of a mobile home park or seasonal mobile
home park, mobile home dealers, or mobile home installers or repairers.
MCL 125.2304 et seq.
House Bill 4889 would amend the Truth in Renting Act to include requirements for a lease or
agreement for a mobile home park or seasonal mobile home park, in addition to those required
by other parts of the act or other laws.
Specifically, the bill would require that a lease or agreement for a mobile home park or seasonal
mobile home park be signed by the owner of the park and include:
• The date the lease begins.
• The amount the tenant agrees to pay the park for rent or any incidental charges,
including a statement of whether utilities are included in the rent.
• The contact information of the owner of the park.
• The amount of time the tenant must provide if they intend to terminate the lease or
agreement.
• The following statements:
o That the tenant is authorized o sell the mobile home and the mobile home can
remain in the park if all the following conditions are met:
The owner of the park determines that the purchaser qualifies for
tenancy.
The owner of the park enters into a separate lease or agreement with
the purchaser.
The mobile home and any attachments to the mobile home comply with
the rules and regulations of the park.
House Fiscal Agency HBs 4886 to 4889 as introduced Page 5 of 7
o That the tenant is authorized to assign the tenant’s lease to an assignee if all of
the following conditions are met:
The owner of the park determines that the assignee qualifies for
tenancy.
The owner of the park enters into a separate lease or agreement with
the assignee.
The mobile home and any attachments to the mobile home comply with
the rules and regulations of the park.
o That the tenant is authorized to post a “FOR SALE” sign on their mobile home
as long as the sign complies with the rules and regulations of the park.
The bill would also require the owner of a mobile home park or seasonal mobile home park to
provide a copy of the park’s rules and regulations and the lease or agreement to the tenant, at
no charge, at the beginning of the tenancy or a reasonable time after the tenancy begins. The
owner of park would also have to give the tenant access to an electronic copy of the park’s
rules and regulations and the lease or agreement upon request of the tenant.
MCL 554.636 and proposed MCL 554.634a
None of the bills can take effect unless all of them are enacted.
FISCAL IMPACT:
House Bill 4886 could result in a marginal increase in fee revenue to the Mobile Home Code
Fund should it lead to an increase in title tran