§ 31-44-4 Sale of mobile and manufacturedhomes. – (a) No owner of a mobile and manufactured home park shall deny any resident theright to sell his or her mobile and manufactured home owned by him or her whilethe mobile and manufactured home is in the park or require the resident toremove the mobile and manufactured home because of the sale of the home, exceptas provided in this section.
(b) A mobile and manufactured home park licensee, directly orindirectly engaged in the business of selling mobile and manufactured homes,may impose conditions on the rental or occupancy of a new lot, including theright to sell the first unit or impose an entrance fee on that lot.
(c) An owner of a mobile home or manufactured home remainingwithin the park may utilize one of the following methods in selling the home toa qualified buyer:
(1) Sell the home through his or her own individual efforts;
(2) List the home with a licensed real estate broker at acommission not to exceed ten percent (10%);
(3) List the home with park licensee at a commission not toexceed ten percent (10%).
The mobile and manufactured home commission shall providerecommendations for screening of prospective purchasers by the park licensees.
(d) No licensee shall exact a commission or fee with respectto the price realized by the resident, except as provided in this section,unless he or she has acted as agent for the resident in a sale pursuant to awritten contract.
(e) No owner of a mobile and manufactured home park shallmake or enforce any rules which require any resident to sell his or her mobileand manufactured home to the owner.
No owner of a mobile and manufactured home park shall makeany rule or enter into a contract, which shall abrogate or limit the tenant'sright to place "for sale" signs on or in his or her mobile manufacturedhousing. However, the park owner may by rule or contract provision imposereasonable limitations as to size, quality registration of the signs,requirements that the posting of the signs be pursuant to bona fide efforts tosell, and removal when the home is no longer being offered for sale. Nolimitation as to size or quality shall restrict the use of painted or printedsigns which are two feet (2') by two feet (2') or less in size and whichcontains no more than "for sale," "address" and "phone number".
(f) An owner may refuse to sell a mobile and manufacturedhome, allow a mobile and manufactured home to remain in the park, or to approveentry to the mobile and manufactured home park for good cause. For the purposeof this section, "good cause" means a reasonable cause for the owner to believe:
(1) That the purchaser will not meet the entry requirementsfor the park and the entry requirements are equally applied by the owner to allpurchasers and prospective residents;
(2) That the purchaser intends to utilize that purchasedmobile and manufactured home for an illegal purpose or for any purpose thatwould disturb the quiet enjoyment of the other residents of the park;
(3) That the purchaser is or will be financially unable topay the rent for the mobile and manufactured home space or lot upon which thepurchased mobile and manufactured home is located;
(4) An owner may require the removal of a mobile home beingsold whose age and condition does not meet the standards of mobile homes in thepark; or
(5) No owner or operator of a mobile and manufactured homepark shall require a mobile or manufactured home at the time of sale orforeclosure, which is safe, sanitary, and in conformance with aestheticstandards, to be removed from the park; provided that this clause (5) shall notapply where the owner or operator has initiated the foreclosure as mortgagee.
(6) Any resident or prospective resident who is aggrievedpursuant to this subsection, shall have the right to petition the director fora hearing within twenty (20) days of the alleged violation by the owner. Saidhearing shall occur within thirty (30) days from the receipt of said petition.The director or his or her designee shall take all reasonable action toeffectuate prompt resolution of said claim and shall render a decision withinfifteen (15) days of the conclusion of said hearing.
(g) A mobile and manufactured home shall be presumed to besafe if it is established that the mobile and manufactured home was constructedto any nationally recognized building or construction code or standard. Failureto meet any standard or code shall raise no presumption that the mobilemanufactured home is unsafe; nor may the failure be used as a reason forwithholding approval of an on site sale.
(h) The mobile and manufactured home park owner shall havethe burden of showing that a mobile and manufactured home is unsafe,unsanitary, or fails to meet the aesthetic standards of the development. Noaesthetic standard shall be applied against a mobile and manufactured home ifthe standard relates to physical characteristics, such as size, originalconstruction materials, or color which cannot be changed without undue hardshipto the tenant.
(i) Any homeowner wishing to sell his or her home mustrequest in writing a statement of the park owner's intentions regarding theconditions of the dwelling. Within ten (10) days of the receipt of the requestof the homeowner for the park owner's intentions, the park owner must approvethe home's condition for resale or deliver a written statement specifying waysin which the home is not safe, sanitary, or in conformance with aestheticstandards. Failure of the park owner to respond within ten (10) days shall bedeemed approval of the home's condition for resale.
(j) In the event of resale or resiting of a mobile andmanufactured home, the local building official in the city or town where themobile and manufactured home is to be located shall, upon the request of eitherparty, inspect the unit and shall issue a certificate of approval in the caseof an on site sale or a certificate of occupancy in the case of resiting, tothe owner of the unit, provided the authority finds the unit safe for humanhabitation and the site meets local zoning requirements. A fee of not more thanthirty dollars ($30.00) may be charged for the inspection by building officials.
(k) No licensee shall discriminate in the treatment oftenants of mobile and manufactured homes as the result of the sale of the home,whether the tenant is the tenant prior or subsequent to the sale.
(l) Every person who sells a mobile and/or manufactured homeshall warrant to the buyer that the home is free and clear of all liens and ifthe seller violates the warranty, then the seller shall be strictly liable tothe buyer in damages.
(m) Every person who sells a mobile and/or manufactured homein this state which will be located at a mobile or manufactured home park inthis state and retains a secured interest in the mobile and/or manufacturedhome shall file a notice of the lien with the recorder of deeds of the city ortown within which the park is located as allowed by the provisions of §34-13-8 and with the uniform commercial code division of the department ofstate.
(n) Prior to the execution of a purchase and sale agreement,every owner of a mobile and manufactured home park, shall disclose to theprospective purchaser the rental history for the preceding three (3) years ofthe land on which the home will be located.
(o) The owner of a mobile and manufactured home park shallnot require the purchaser to provide the names of more than three (3)references from whom the park owner can seek information concerning thebehavior and financial reliability of the purchaser; nor shall the purchaser berequired to obtain a written report from any reference; the park owner shallnot require the purchaser to submit copies of any personal income tax returnsin order to obtain approval for residency in the park. However, the park ownermay require the purchaser to document the amount and source of his or her grossmonthly income or means of financial support. If the park owner or managementrejects a purchaser as a prospective homeowner, the ownership or managementshall inform the selling homeowner in writing no later than ten (10) days ofits reasons for the rejection. If the approval of a purchaser is withheld forany reason other than those stated in these articles, the park owner ormanagement may be held liable for all damages proximately resulting in it.
(p) The park owner or management may require the right ofprior approval of a purchaser of a mobile and manufactured home that willremain in the park and that the selling homeowner or his or her agent givenotice of the sale to the park owner or management before the close of thesale. Approval cannot be withheld if the purchaser has the financial ability topay the rent and charges of the park unless the park owner or managementreasonably determines that, based on the purchaser's prior tenancies, he or shewill not comply with the rules and regulations of the park.
(q) If the park owner or management collects a fee or chargefrom a prospective purchaser of a mobile and manufactured home in order toobtain a financial report or credit rating, the full amount of the fee orcharge shall be credited toward payment of the first month's rent for thatmobile and manufactured home purchaser.
(r) If, for whatever reason, the prospective purchaser isrejected by the park owner or management, the park owner or management shallrefund to the prospective purchaser the full amount of that fee or chargewithin thirty (30) days from the date of rejection. If the prospectivepurchaser is approved by the park owner or management, but, for whateverreason, the prospective purchaser elects not to purchase the mobile ormanufactured home, the park owner or management may retain the fee, or aportion of it, to defray its administrative costs under this section.
(s) No owner or operator of a mobile and manufactured homepark shall require any person as a precondition to renting, leasing, orotherwise occupying a space for mobile and manufactured housing in a mobile andmanufactured home park to pay any fee of any kind, unless services are actuallyrendered. The park owner or management shall not perform any service unless sorequested in writing.
§ 31-44-4 Sale of mobile and manufacturedhomes. – (a) No owner of a mobile and manufactured home park shall deny any resident theright to sell his or her mobile and manufactured home owned by him or her whilethe mobile and manufactured home is in the park or require the resident toremove the mobile and manufactured home because of the sale of the home, exceptas provided in this section.
(b) A mobile and manufactured home park licensee, directly orindirectly engaged in the business of selling mobile and manufactured homes,may impose conditions on the rental or occupancy of a new lot, including theright to sell the first unit or impose an entrance fee on that lot.
(c) An owner of a mobile home or manufactured home remainingwithin the park may utilize one of the following methods in selling the home toa qualified buyer:
(1) Sell the home through his or her own individual efforts;
(2) List the home with a licensed real estate broker at acommission not to exceed ten percent (10%);
(3) List the home with park licensee at a commission not toexceed ten percent (10%).
The mobile and manufactured home commission shall providerecommendations for screening of prospective purchasers by the park licensees.
(d) No licensee shall exact a commission or fee with respectto the price realized by the resident, except as provided in this section,unless he or she has acted as agent for the resident in a sale pursuant to awritten contract.
(e) No owner of a mobile and manufactured home park shallmake or enforce any rules which require any resident to sell his or her mobileand manufactured home to the owner.
No owner of a mobile and manufactured home park shall makeany rule or enter into a contract, which shall abrogate or limit the tenant'sright to place "for sale" signs on or in his or her mobile manufacturedhousing. However, the park owner may by rule or contract provision imposereasonable limitations as to size, quality registration of the signs,requirements that the posting of the signs be pursuant to bona fide efforts tosell, and removal when the home is no longer being offered for sale. Nolimitation as to size or quality shall restrict the use of painted or printedsigns which are two feet (2') by two feet (2') or less in size and whichcontains no more than "for sale," "address" and "phone number".
(f) An owner may refuse to sell a mobile and manufacturedhome, allow a mobile and manufactured home to remain in the park, or to approveentry to the mobile and manufactured home park for good cause. For the purposeof this section, "good cause" means a reasonable cause for the owner to believe:
(1) That the purchaser will not meet the entry requirementsfor the park and the entry requirements are equally applied by the owner to allpurchasers and prospective residents;
(2) That the purchaser intends to utilize that purchasedmobile and manufactured home for an illegal purpose or for any purpose thatwould disturb the quiet enjoyment of the other residents of the park;
(3) That the purchaser is or will be financially unable topay the rent for the mobile and manufactured home space or lot upon which thepurchased mobile and manufactured home is located;
(4) An owner may require the removal of a mobile home beingsold whose age and condition does not meet the standards of mobile homes in thepark; or
(5) No owner or operator of a mobile and manufactured homepark shall require a mobile or manufactured home at the time of sale orforeclosure, which is safe, sanitary, and in conformance with aestheticstandards, to be removed from the park; provided that this clause (5) shall notapply where the owner or operator has initiated the foreclosure as mortgagee.
(6) Any resident or prospective resident who is aggrievedpursuant to this subsection, shall have the right to petition the director fora hearing within twenty (20) days of the alleged violation by the owner. Saidhearing shall occur within thirty (30) days from the receipt of said petition.The director or his or her designee shall take all reasonable action toeffectuate prompt resolution of said claim and shall render a decision withinfifteen (15) days of the conclusion of said hearing.
(g) A mobile and manufactured home shall be presumed to besafe if it is established that the mobile and manufactured home was constructedto any nationally recognized building or construction code or standard. Failureto meet any standard or code shall raise no presumption that the mobilemanufactured home is unsafe; nor may the failure be used as a reason forwithholding approval of an on site sale.
(h) The mobile and manufactured home park owner shall havethe burden of showing that a mobile and manufactured home is unsafe,unsanitary, or fails to meet the aesthetic standards of the development. Noaesthetic standard shall be applied against a mobile and manufactured home ifthe standard relates to physical characteristics, such as size, originalconstruction materials, or color which cannot be changed without undue hardshipto the tenant.
(i) Any homeowner wishing to sell his or her home mustrequest in writing a statement of the park owner's intentions regarding theconditions of the dwelling. Within ten (10) days of the receipt of the requestof the homeowner for the park owner's intentions, the park owner must approvethe home's condition for resale or deliver a written statement specifying waysin which the home is not safe, sanitary, or in conformance with aestheticstandards. Failure of the park owner to respond within ten (10) days shall bedeemed approval of the home's condition for resale.
(j) In the event of resale or resiting of a mobile andmanufactured home, the local building official in the city or town where themobile and manufactured home is to be located shall, upon the request of eitherparty, inspect the unit and shall issue a certificate of approval in the caseof an on site sale or a certificate of occupancy in the case of resiting, tothe owner of the unit, provided the authority finds the unit safe for humanhabitation and the site meets local zoning requirements. A fee of not more thanthirty dollars ($30.00) may be charged for the inspection by building officials.
(k) No licensee shall discriminate in the treatment oftenants of mobile and manufactured homes as the result of the sale of the home,whether the tenant is the tenant prior or subsequent to the sale.
(l) Every person who sells a mobile and/or manufactured homeshall warrant to the buyer that the home is free and clear of all liens and ifthe seller violates the warranty, then the seller shall be strictly liable tothe buyer in damages.
(m) Every person who sells a mobile and/or manufactured homein this state which will be located at a mobile or manufactured home park inthis state and retains a secured interest in the mobile and/or manufacturedhome shall file a notice of the lien with the recorder of deeds of the city ortown within which the park is located as allowed by the provisions of §34-13-8 and with the uniform commercial code division of the department ofstate.
(n) Prior to the execution of a purchase and sale agreement,every owner of a mobile and manufactured home park, shall disclose to theprospective purchaser the rental history for the preceding three (3) years ofthe land on which the home will be located.
(o) The owner of a mobile and manufactured home park shallnot require the purchaser to provide the names of more than three (3)references from whom the park owner can seek information concerning thebehavior and financial reliability of the purchaser; nor shall the purchaser berequired to obtain a written report from any reference; the park owner shallnot require the purchaser to submit copies of any personal income tax returnsin order to obtain approval for residency in the park. However, the park ownermay require the purchaser to document the amount and source of his or her grossmonthly income or means of financial support. If the park owner or managementrejects a purchaser as a prospective homeowner, the ownership or managementshall inform the selling homeowner in writing no later than ten (10) days ofits reasons for the rejection. If the approval of a purchaser is withheld forany reason other than those stated in these articles, the park owner ormanagement may be held liable for all damages proximately resulting in it.
(p) The park owner or management may require the right ofprior approval of a purchaser of a mobile and manufactured home that willremain in the park and that the selling homeowner or his or her agent givenotice of the sale to the park owner or management before the close of thesale. Approval cannot be withheld if the purchaser has the financial ability topay the rent and charges of the park unless the park owner or managementreasonably determines that, based on the purchaser's prior tenancies, he or shewill not comply with the rules and regulations of the park.
(q) If the park owner or management collects a fee or chargefrom a prospective purchaser of a mobile and manufactured home in order toobtain a financial report or credit rating, the full amount of the fee orcharge shall be credited toward payment of the first month's rent for thatmobile and manufactured home purchaser.
(r) If, for whatever reason, the prospective purchaser isrejected by the park owner or management, the park owner or management shallrefund to the prospective purchaser the full amount of that fee or chargewithin thirty (30) days from the date of rejection. If the prospectivepurchaser is approved by the park owner or management, but, for whateverreason, the prospective purchaser elects not to purchase the mobile ormanufactured home, the park owner or management may retain the fee, or aportion of it, to defray its administrative costs under this section.
(s) No owner or operator of a mobile and manufactured homepark shall require any person as a precondition to renting, leasing, orotherwise occupying a space for mobile and manufactured housing in a mobile andmanufactured home park to pay any fee of any kind, unless services are actuallyrendered. The park owner or management shall not perform any service unless sorequested in writing.
§ 31-44-4 Sale of mobile and manufacturedhomes. – (a) No owner of a mobile and manufactured home park shall deny any resident theright to sell his or her mobile and manufactured home owned by him or her whilethe mobile and manufactured home is in the park or require the resident toremove the mobile and manufactured home because of the sale of the home, exceptas provided in this section.
(b) A mobile and manufactured home park licensee, directly orindirectly engaged in the business of selling mobile and manufactured homes,may impose conditions on the rental or occupancy of a new lot, including theright to sell the first unit or impose an entrance fee on that lot.
(c) An owner of a mobile home or manufactured home remainingwithin the park may utilize one of the following methods in selling the home toa qualified buyer:
(1) Sell the home through his or her own individual efforts;
(2) List the home with a licensed real estate broker at acommission not to exceed ten percent (10%);
(3) List the home with park licensee at a commission not toexceed ten percent (10%).
The mobile and manufactured home commission shall providerecommendations for screening of prospective purchasers by the park licensees.
(d) No licensee shall exact a commission or fee with respectto the price realized by the resident, except as provided in this section,unless he or she has acted as agent for the resident in a sale pursuant to awritten contract.
(e) No owner of a mobile and manufactured home park shallmake or enforce any rules which require any resident to sell his or her mobileand manufactured home to the owner.
No owner of a mobile and manufactured home park shall makeany rule or enter into a contract, which shall abrogate or limit the tenant'sright to place "for sale" signs on or in his or her mobile manufacturedhousing. However, the park owner may by rule or contract provision imposereasonable limitations as to size, quality registration of the signs,requirements that the posting of the signs be pursuant to bona fide efforts tosell, and removal when the home is no longer being offered for sale. Nolimitation as to size or quality shall restrict the use of painted or printedsigns which are two feet (2') by two feet (2') or less in size and whichcontains no more than "for sale," "address" and "phone number".
(f) An owner may refuse to sell a mobile and manufacturedhome, allow a mobile and manufactured home to remain in the park, or to approveentry to the mobile and manufactured home park for good cause. For the purposeof this section, "good cause" means a reasonable cause for the owner to believe:
(1) That the purchaser will not meet the entry requirementsfor the park and the entry requirements are equally applied by the owner to allpurchasers and prospective residents;
(2) That the purchaser intends to utilize that purchasedmobile and manufactured home for an illegal purpose or for any purpose thatwould disturb the quiet enjoyment of the other residents of the park;
(3) That the purchaser is or will be financially unable topay the rent for the mobile and manufactured home space or lot upon which thepurchased mobile and manufactured home is located;
(4) An owner may require the removal of a mobile home beingsold whose age and condition does not meet the standards of mobile homes in thepark; or
(5) No owner or operator of a mobile and manufactured homepark shall require a mobile or manufactured home at the time of sale orforeclosure, which is safe, sanitary, and in conformance with aestheticstandards, to be removed from the park; provided that this clause (5) shall notapply where the owner or operator has initiated the foreclosure as mortgagee.
(6) Any resident or prospective resident who is aggrievedpursuant to this subsection, shall have the right to petition the director fora hearing within twenty (20) days of the alleged violation by the owner. Saidhearing shall occur within thirty (30) days from the receipt of said petition.The director or his or her designee shall take all reasonable action toeffectuate prompt resolution of said claim and shall render a decision withinfifteen (15) days of the conclusion of said hearing.
(g) A mobile and manufactured home shall be presumed to besafe if it is established that the mobile and manufactured home was constructedto any nationally recognized building or construction code or standard. Failureto meet any standard or code shall raise no presumption that the mobilemanufactured home is unsafe; nor may the failure be used as a reason forwithholding approval of an on site sale.
(h) The mobile and manufactured home park owner shall havethe burden of showing that a mobile and manufactured home is unsafe,unsanitary, or fails to meet the aesthetic standards of the development. Noaesthetic standard shall be applied against a mobile and manufactured home ifthe standard relates to physical characteristics, such as size, originalconstruction materials, or color which cannot be changed without undue hardshipto the tenant.
(i) Any homeowner wishing to sell his or her home mustrequest in writing a statement of the park owner's intentions regarding theconditions of the dwelling. Within ten (10) days of the receipt of the requestof the homeowner for the park owner's intentions, the park owner must approvethe home's condition for resale or deliver a written statement specifying waysin which the home is not safe, sanitary, or in conformance with aestheticstandards. Failure of the park owner to respond within ten (10) days shall bedeemed approval of the home's condition for resale.
(j) In the event of resale or resiting of a mobile andmanufactured home, the local building official in the city or town where themobile and manufactured home is to be located shall, upon the request of eitherparty, inspect the unit and shall issue a certificate of approval in the caseof an on site sale or a certificate of occupancy in the case of resiting, tothe owner of the unit, provided the authority finds the unit safe for humanhabitation and the site meets local zoning requirements. A fee of not more thanthirty dollars ($30.00) may be charged for the inspection by building officials.
(k) No licensee shall discriminate in the treatment oftenants of mobile and manufactured homes as the result of the sale of the home,whether the tenant is the tenant prior or subsequent to the sale.
(l) Every person who sells a mobile and/or manufactured homeshall warrant to the buyer that the home is free and clear of all liens and ifthe seller violates the warranty, then the seller shall be strictly liable tothe buyer in damages.
(m) Every person who sells a mobile and/or manufactured homein this state which will be located at a mobile or manufactured home park inthis state and retains a secured interest in the mobile and/or manufacturedhome shall file a notice of the lien with the recorder of deeds of the city ortown within which the park is located as allowed by the provisions of §34-13-8 and with the uniform commercial code division of the department ofstate.
(n) Prior to the execution of a purchase and sale agreement,every owner of a mobile and manufactured home park, shall disclose to theprospective purchaser the rental history for the preceding three (3) years ofthe land on which the home will be located.
(o) The owner of a mobile and manufactured home park shallnot require the purchaser to provide the names of more than three (3)references from whom the park owner can seek information concerning thebehavior and financial reliability of the purchaser; nor shall the purchaser berequired to obtain a written report from any reference; the park owner shallnot require the purchaser to submit copies of any personal income tax returnsin order to obtain approval for residency in the park. However, the park ownermay require the purchaser to document the amount and source of his or her grossmonthly income or means of financial support. If the park owner or managementrejects a purchaser as a prospective homeowner, the ownership or managementshall inform the selling homeowner in writing no later than ten (10) days ofits reasons for the rejection. If the approval of a purchaser is withheld forany reason other than those stated in these articles, the park owner ormanagement may be held liable for all damages proximately resulting in it.
(p) The park owner or management may require the right ofprior approval of a purchaser of a mobile and manufactured home that willremain in the park and that the selling homeowner or his or her agent givenotice of the sale to the park owner or management before the close of thesale. Approval cannot be withheld if the purchaser has the financial ability topay the rent and charges of the park unless the park owner or managementreasonably determines that, based on the purchaser's prior tenancies, he or shewill not comply with the rules and regulations of the park.
(q) If the park owner or management collects a fee or chargefrom a prospective purchaser of a mobile and manufactured home in order toobtain a financial report or credit rating, the full amount of the fee orcharge shall be credited toward payment of the first month's rent for thatmobile and manufactured home purchaser.
(r) If, for whatever reason, the prospective purchaser isrejected by the park owner or management, the park owner or management shallrefund to the prospective purchaser the full amount of that fee or chargewithin thirty (30) days from the date of rejection. If the prospectivepurchaser is approved by the park owner or management, but, for whateverreason, the prospective purchaser elects not to purchase the mobile ormanufactured home, the park owner or management may retain the fee, or aportion of it, to defray its administrative costs under this section.
(s) No owner or operator of a mobile and manufactured homepark shall require any person as a precondition to renting, leasing, orotherwise occupying a space for mobile and manufactured housing in a mobile andmanufactured home park to pay any fee of any kind, unless services are actuallyrendered. The park owner or management shall not perform any service unless sorequested in writing.
