33-1452

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 is unfair and deceptive or which
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 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 meetings of tenants with or without invited
visiting speakers in the mobile home park relating to mobile home living and affairs in
the park community or recreational hall if such meetings are held at reasonable hours and
when the facility is not otherwise in use.

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 tenant's heirs or legal representative have 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.

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.