Bill Summary – FastDemocracy

HOUSE BILL NO. 5159
     October 17, 2023, Introduced by Reps. Andrews, Rheingans, Byrnes, Brixie, Scott, Hope, Wegela,
       Wilson and Whitsett and referred to the Committee on Regulatory Reform.
          A bill to amend 1987 PA 96, entitled
    "The mobile home commission act,"
    by amending sections 17, 18, 25, 28, 28a, and 29 (MCL 125.2317,
2318, 125.2325, 125.2328, 125.2328a, and 125.2329), section 17
    as amended by 2015 PA 40, section 25 as amended by 2016 PA 410,
    section 28 as amended by 1993 PA 241, and section 28a as added by
PA 337, and by adding section 28d.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 17. (1) The department or its authorized representative
 shall conduct a physical inspection of mobile home parks and
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 seasonal mobile home parks in accordance with standards established
 by the department. The department may enter into an agreement with
 a local government in which the mobile home park or seasonal mobile
 home park is located that allows the local government to conduct an
 inspection described under this subsection. If the department or
 its authorized representative conducts an inspection under this
 subsection, the department or its authorized representative shall
 prepare a report documenting the findings of the inspection and
 submit a copy of the report to each local government in which the
 mobile home park or seasonal mobile home park is located. A report
 documenting the findings of the inspection may be used for
 licensing determinations.
       (2) Except as otherwise provided in subsection (1) or for
 purposes of issuing a license or renewing a license pursuant to
 under this act, a local government shall not inspect a mobile home
 park or seasonal mobile home park unless the local unit has reason
 to believe that this act, the code, or rules promulgated pursuant
 to under this act were violated.
       (3) If the department determines that a mobile home park or
 seasonal mobile home park needs to be reinspected, the department
 may charge a reinspection fee. The department may promulgate rules
 to establish the reinspection fees charged under this subsection.
       Sec. 18. (1) A variance in the design and construction of a
 mobile home park or seasonal mobile home park may be granted upon
 on notice of the request to the local government and the department
 of public health and human services at the time of filing with the
 department. of commerce. If the local government grants a variance
 which that would permit activities violative of that violate the
 minimum standards of the code, the local government shall file with
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 the department a copy of the variance order and an explanation of
 the reason for the granting of the order. The department may
 approve or disapprove the variance or revoke the variance upon
 after notice and hearing.
       (2) After a public hearing the department may grant a specific
 variance to a substantive requirement of the code if the literal
 application of the substantive requirement would result in an
 exceptional, practical difficulty to the applicant, and if the
 specific condition justifying the variance is neither so general
 nor recurrent in nature as to make an amendment of the code with
 respect to the condition reasonably practical or desirable.
       (3) The department may attach in writing a condition in
 connection with the granting of a variance that in its judgment is
 necessary to protect the health, safety, and welfare of the people
 of this state. The variance shall must not exceed the minimum
 necessary to alleviate the exceptional, practical difficulty.
       (4) A variance to a local ordinance, zoning requirement, or
 local rule may be granted only by a local government.
       (5) A variance to a rule promulgated under this act may be
 granted only by the commission.
       (6) The owner of the mobile home park or seasonal mobile home
 park must retain a record or written documentation of any variance
 granted under this act for as long as the variance is in effect.
       Sec. 25. (1) The commission shall promulgate rules relating to
 the responsibility of the mobile home dealer, the mobile home
 installer and repairer, and the mobile home park or seasonal mobile
 home park owner for installation and setup of a mobile home.
       (2) The department shall promote effective and uniform
 enforcement of this act and the mobile home code by enhancing the
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 proficiency and skills of mobile home installers and repairers.
 Subject to subsection (3), the department shall promulgate rules
 relating to all of the following for mobile home installers and
 repairers:
       (a) Minimum training and experience standards, qualifications,
 and classification of responsibilities.
       (b) Minimum criteria for the approval of educational or
 training courses or programs. If the department finds that a
 proposed educational or training course or program is acceptable
 under the minimum criteria established under this subdivision, the
 department shall approve the proposed educational or training
 course or program for a limited period of time and with any
 appropriate qualifications established by the department.
       (c) Applicable fees to review materials regarding educational
 or training courses or programs, training tests, and instructor
 qualifications.
       (3) The commission may make recommendations to the department
 regarding the rules promulgated under subsection (2). The
 department shall consider the recommendations but has the final
 responsibility and authority to approve the rules promulgated under
 subsection (2).
       (4) (2) A person licensed under article 7, 8, or 11 of the
 skilled trades regulation act, 2016 PA 407, MCL 339.5701 to
 339.5739, 339.5801 to 339.5819, and 339.6101 to 339.6133, is not
 required to be licensed as a mobile home installer and repairer in
 order to perform work on mobile homes for which the person is
 licensed, unless the work performed also includes the setup,
 installation, or general repair of mobile homes.
       (5) (3) Articles 7, 8, and 11 of the skilled trades regulation
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 act, 2016 PA 407, MCL 339.5701 to 339.5739, 339.5801 to 339.5819,
 and 339.6101 to 339.6133, do not apply to the setup or installation
 of a mobile home and the following connections or replacement or
 repair of the following connections, by a licensed mobile home
 installer and repairer:
       (a) Factory-installed electrical wiring, devices, appliances,
 or appurtenances to available electrical meters or pedestals.
       (b) Factory-installed piping, fixtures, plumbing appliances,
 and plumbing appurtenances to sanitary drainage or storm drainage
 facilities, venting systems, or public or private water supply
 systems.
       (c) Factory-installed process piping, heating and cooling
 equipment, and systems or supply lines to available service meters
 or mains.
       Sec. 28. (1) An owner or operator of a mobile home park or
 seasonal mobile home park shall not engage, or permit an employee
 or agent to engage, in any of the following unfair or deceptive
 methods, acts, or practices:
       (a) Directly or indirectly charging or collecting from a
 person an entrance a fee to enter into a mobile home park or a
 seasonal mobile home park.
       (b) Requiring a person to directly or indirectly purchase a
 mobile home from another person as a condition of entrance to, or
 the lease or rental of a space within, a mobile home park or
 seasonal mobile home park space.
       (c) Directly or indirectly charging or collecting from a
 person a refundable or nonrefundable exit fee to exit the mobile
 home park or seasonal mobile home park.
       (d) Requiring or coercing a person to purchase, rent, or lease
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 goods or services from another person as a condition of any of the
 following:
         (i) Entering into a the mobile home park or seasonal mobile
 home park or a lease.
         (ii) Selling a mobile home through the mobile home park or
 seasonal mobile home park owner or operator, or his or her the
 mobile home park or seasonal mobile home park owner's agent or
 designee upon leaving a mobile home park or seasonal mobile home
 park.
         (iii) Renting space in a mobile home park or seasonal mobile
 home park.
         (e) Directly or indirectly charging or collecting from a
 person money or other thing of value for electric, fuel, or water
 service without the use of that service by a resident or tenant
 being first accurately and consistently measured, unless that
 service is included in the a rental charge as an incident of
 tenancy.
         (f) Conspiring, combining, agreeing, aiding, or abetting in
 the employment of a method, act, or practice that violates this
 act.
         (g) Renting or leasing a mobile home or site in a mobile home
 park or seasonal mobile home park without offering a written lease.
         (h) Subject to section 28a, prohibiting a resident from
 selling his or her the resident's mobile home on-site for a price
 determined by that resident, if the purchaser qualifies for tenancy
 and the mobile home meets the conditions of written mobile home
 park or seasonal mobile home park rules or regulations. This
 subdivision does not apply to seasonal mobile home parks.
         (i) Subject to reasonable mobile home park or seasonal mobile
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 home park rules governing the location, size, and style of exterior
 television antenna, antennas, prohibiting a person from installing
 or maintaining an exterior television antenna on a mobile home
 within the mobile home park or seasonal mobile home park unless the
 mobile home park or seasonal mobile home park provides park the
 residents of the mobile home park or seasonal mobile home park,
 without charge, a central television antenna for UHF-VHF reception.
       (j) Charging more for utility services beyond that which is
 charged by the utility service provider.
       (k) Requiring a tenant to use an electronic billing or payment
 system as the only method for the payment of rent.
       (l) Assessing a fee or charge to a tenant for the tenant's
 refusal or inability to use an electronic billing or payment system
 used by the owner of the mobile home park or seasonal mobile home
 park for the payment of rent.
       (m) Using an electronic billing or payment system that
 requires a tenant to waive individual or collective rights or
 remedies provided by law.
       (n) Using an electronic billing or payment system that
 collects, or requires access to, a tenant's personal data or data
 stored on a tenant's device beyond that which is necessary to make
 a payment.
       (o) Except as otherwise provided in this subdivision, charging
 fees or penalties that are not associated with the costs of
 occupancy. If fees or penalties are charged, the fees or penalties
 must be reasonably related to costs incurred by the owner of the
 mobile home park or seasonal mobile home park to protect the health
 and safety of residents of the mobile home park or seasonal mobile
 home park as a result of noncompliance with this act or rules or
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 regulations promulgated under this act.
       (2) A tenant resident of a mobile home park or seasonal mobile
 home park may bring an action on his or her the resident's own
 behalf for a violation of this section.
       (3) If the commission has reason to suspect that the owner of
 a mobile home park or seasonal mobile home park is engaged in
 conduct that violates existing water utility tariffs or qualifies
 the owner of a mobile home park or seasonal mobile home park for
 regulation as a water utility, the commission shall promptly send a
 written report of the alleged violation to the Michigan public
 service commission.
       (4) The owner of the mobile home park or seasonal mobile home
 park shall make available to a resident of the mobile home park or
 seasonal mobile home park, upon request, the utility rates and
 charges that are directly related to the resident's usage.
       Sec. 28a. (1) Mobile home park rules or regulations may
 include provisions governing the physical condition of mobile homes
 and the aesthetic characteristics of mobile homes in relation to
 the mobile home park in which they are located, subject to all of
 the following:
       (a) The age or size of a mobile home shall must not be used as
 the sole basis for refusing to allow an on-site, in-park sale or
 for refusing to allow the mobile home to remain on-site. The burden
 of going forward in a suit against the mobile home park owner or
 operator for violation of this subdivision is on the resident.
       (b) The standards incorporated in the written park rules or
 regulations governing the physical condition and aesthetic
 characteristics of mobile homes in the mobile home park shall apply
 equally to all residents.
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       (c) A mobile home sold on-site shall must conform with Act No.
 133 of the Public Acts of 1974, being sections 125.771 to 125.774
 of the Michigan Compiled Laws.1974 PA 133, MCL 125.771 to 125.774.
       (d) Any charge connected to the on-site, in-park sale of a
 mobile home, other than the inspection fee permitted under
 subdivision (e) and the commission or fee charged by a mobile home
 dealer licensed under this act who is engaged by the seller to
 transact the sale, is an entrance or exit fee in violation of that
 violates section 28.
       (e) A park The owner or operator of a mobile home park may
 charge a reasonable fee to inspect the mobile home before sale. The
 charge shall must not be more than $30.00, or the amount charged
 for building permit inspections by the municipality in which the
 mobile home is located, whichever is higher.
       (f) The standards governing the physical condition of mobile
 homes and the aesthetic characteristics of mobile homes in the
 mobile home park, as incorporated in the written park rules, shall
 must not be designed to defeat the intent of this section.
       (2) Subsection (1)(f) shall does not apply if the mobile home
 park is changing its method of doing business and provides not less
 than 1 year's notice, unless a different notice period is otherwise
 provided by law, of the proposed change to all affected mobile home
 park residents. A change in a mobile home park's method of doing
 business includes, but is not limited to, any of the following:
       (a) Conversion to a mobile home park condominium pursuant to
 under the condominium act, Act No. 59 of the Public Acts of 1978,
 being sections 559.101 to 559.275 of the Michigan Compiled Laws.
 1978 PA 59, MCL 559.101 to 559.276.
       (b) Conversion to total rental of both mobile home site and
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 park-owned mobile homes.
       (c) Changes in use of the land on which the mobile home park
 is located.
       (3) Notwithstanding subsection (1) or (2), a mobile home park
 may require a mobile home to be moved to a comparable site within
 the mobile home park, at the expense of the mobile home park.
       (4) If, after termination of a resident's tenancy for just
 cause as provided in chapter 57a of the revised judicature act of
 1961, Act No. 236 of the Public Acts of 1961, being sections
 600.5771 to 600.5785 of the Michigan Compiled Laws, 1961 PA 236,
 MCL 600.5771 to 600.5785, the resident of a mobile home park sells
 his or her the resident's mobile home to the owner or operator of
 the mobile home park, or to any entity in which the owner or
 operator has any interest, the resident shall have has the right to
 have the mobile home's value appraised and, if so appraised, the
 sale price of the mobile home shall must not be less than the
 appraised value.
       (5) Except as provided in subsection (1)(a), an owner of a
 mobile home park owner or operator, or both, has the burden of
 going forward to show compliance with subsection (1).
       Sec. 28d. (1) An owner of a mobile home park or seasonal
 mobile home park shall offer a lease or rental agreement with a
 term of no less than 1 year to a prospective tenant or tenant.
 Nothing in this subsection prohibits an owner of a mobile