HB 2098

                                                 PRINTER'S NO.   2697
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2098
                                           Session of
                                             2025
INTRODUCED BY CIRESI, GUZMAN, HILL-EVANS, FREEMAN, SANCHEZ,
   CEPEDA-FREYTIZ AND BRENNAN, DECEMBER 10, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
   DECEMBER 11, 2025
                                 AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2    Pennsylvania Consolidated Statutes, providing for
3    manufactured homes; consolidating the Manufactured Home
4    Community Rights Act; establishing the Office of Manufactured
5    Home Ombudsman, the position of Manufactured Home Ombudsman,
6    the Manufactured Home Hearing Board and the Manufactured Home
7    Restricted Account; imposing duties on the Department of
8    Community and Economic Development; and making a repeal.
9    The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11    Section 1.    Title 68 of the Pennsylvania Consolidated
12 Statutes is amended by adding a chapter to read:
13CHAPTER 83
14MANUFACTURED HOMES
15 Subchapter
16    A.   Preliminary Provisions
17    B.   Manufactured Home Community Rights
18    C.   Manufactured Home Ombudsman and Hearing Board
19SUBCHAPTER A
20PRELIMINARY PROVISIONS
1 Sec.
2 8301.   Scope of chapter.
3 8302.   Definitions.
4 § 8301.    Scope of chapter.
5    This chapter relates to manufactured homes.
6 § 8302.    Definitions.
7    The following words and phrases when used in this chapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10    "Agency."      The Office of Attorney General.
11    "Eviction."  The removal of a lessee, occupant or
12 manufactured home from a community in accordance with an order
13 of possession by a court of the Commonwealth pursuant to:
14(1)   the relevant provisions of the act of April 6, 1951
15    (P.L.69, No.20), known as The Landlord and Tenant Act of
16    1951; or
17(2)   a similar order of a court of common pleas.
18    "First-time lessee."  A resident who places or causes to be
19 placed a manufactured home in a community.
20    "Manufactured home."  As follows:
21(1)   A transportable, single-family dwelling unit that:
22(i)    contains plumbing, heating or cooling and
23electrical systems intended for permanent occupancy;
24(ii)    is constructed as a single unit or as two or
25more units designed to be joined into one integral unit;
26(iii)    is built on a permanent chassis; and
27(iv)    is designed to be used as a dwelling with or
28without a permanent foundation when connected to the
29required utilities.
30(2)   The term includes:
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1(i)   A manufactured home as defined in section 603(6)
2of the National Manufactured Housing Construction and
3Safety Standards Act of 1974 (Public Law 93-383, 42
4U.S.C. § 5402(6)).
5(2)   A mobile home as defined in 75 Pa.C.S. § 102
6(relating to definitions).
7    "Manufactured home community" or "community."       As follows:
8(1)   A site, lot, field or tract of land, privately or
9    publicly owned or operated, upon which three or more
10    manufactured homes, occupied for dwelling or sleeping
11    purposes, are or are intended to be located, regardless of
12    whether or not a charge is made for the accommodation.
13(2)   The term includes a mobile home park.
14    "Manufactured home community lessee" or "lessee."       A person
15 who rents a manufactured home community space from a lessor
16 pursuant to the terms of a lease.
17    "Manufactured home community lessor" or "lessor."       The owner
18 or operator of a community who rents a manufactured home space
19 to a lessee pursuant to the terms of a lease and who is
20 responsible for the performance of the terms of the lease.
21    "Manufactured home community operator" or "community
22 operator."   A person or entity that conducts the operations of a
23 community on behalf and as the agent of a community owner.
24    "Manufactured home community owner" or "community owner."  A
25 person or entity that owns a community.
26    "Manufactured home occupant."        An individual who resides in a
27 manufactured home.
28    "Manufactured home resident" or "resident."       As follows:
29(1)   An owner of a manufactured home who leases or rents
30    space in a community.
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1(2)   The term does not include a person who rents or
2    leases a manufactured home.
3    "Manufactured home space."     A plot of ground within a
4 community designed for the accommodation of one manufactured
5 home.
6    "Manufactured home space lease."        A written contract between
7 a lessee and a community owner containing reciprocal rights and
8 duties, including the payment of rent for the use of ground for
9 the placement of a manufactured home in a community.
10    "Manufactured home tenant" or "tenant."        A person who leases
11 a manufactured home from the owner of that manufactured home.
12    "Receipted first-class mail."        As follows:
13(1)   First-class mail for which a certificate of mailing
14    has been obtained.
15(2)   The term does not include certified or registered
16    mail.
17    "Rent."    Ground rent for a manufactured home space.
18    "Resident association."     An organization open to all
19 residents of a community, whether the organization is structured
20 as a cooperative, a corporation or otherwise.
21    "Rules and regulations."     Policies and guidelines established
22 by a community owner that relate to community living.
23    "Service charges."    Charges for electricity, gas service
24 which is underground and piped directly to individual units
25 within a community, trash removal, sewage, water, Internet,
26 cable and all other utilities.
27SUBCHAPTER B
28MANUFACTURED HOME COMMUNITY RIGHTS
29 Sec.
30 8311.   Scope of subchapter.
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1 8312.    Evictions.
2 8313.    Community rules and regulations.
3 8314.    Written lease.
4 8315.    Underskirting and tie-down equipment.
5 8316.    Disclosure of fees.
6 8317.    Appliance installation fees.
7 8318.    Entrance and exit fees.
8 8319.    Installation and removal fees.
9 8320.    Other fees.
10 8321.    Determination of abandonment.
11 8322.    Abandoned manufactured homes.
12 8323.    Immunity from liability.
13 8324.    Sale of manufactured homes.
14 8325.    Sale or lease of communities.
15 8326.    Closure of communities.
16 8327.    Notice requirements in event of closure of community.
17 8328.    Waiver of rights.
18 8329.    Damages.
19 8330.    Restraining prohibited acts.
20 8331.    Enforcement.
21 8332.    Retaliatory evictions.
22 8333.    Remedies.
23 § 8311.    Scope of subchapter.
24    This subchapter relates to manufactured home community
25 rights.
26 § 8312.    Evictions.
27    (a)     Permissible reasons.--A community owner may terminate or
28 refuse to renew the lease of a lessee or may evict a lessee and
29 manufactured home occupants only for one of the following
30 reasons:
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1(1)   Nonpayment of rent.
2(2)   A second or subsequent violation of the rules of the
3    community occurring within a six-month period.
4(3)   A change in use of the community land or parts
5    thereof.
6(4)   Termination of the community.
7    (b)   Eviction procedures.--A lessee may only be evicted in
8 accordance with the following procedure:
9(1)   The lessee may not be evicted by any self-help
10    measure.
11(2)   Prior to the commencement of an eviction proceeding
12    or the termination of or failure to renew the lease of the
13    lessee, the community owner shall notify the lessee in
14    writing of the particular breach or violation of the lease or
15    community rules by certified or registered mail. The
16    following apply to notices:
17(i)    In the case of nonpayment of rent, the notice
18shall state that an eviction proceeding may be commenced
19if the lessee does not pay the overdue rent:
20(A)   Within 20 days from the date of service if
21the notice is given on or after April 1 and before
22September 1.
23(B)   Within 30 days if given on or after
24September 1 and before April 1 or an additional
25nonpayment of rent occurring within six months of the
26giving of the notice may result in immediate eviction
27proceedings.
28(ii)    In the case of a breach of the lease or
29violation of the community rules, other than nonpayment
30of rent, the notice shall describe the particular breach
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1or violation. The following procedures apply:
2(A)   Unless the lessee has been notified as
3required by this section:
4(I)    An eviction action may not be commenced.
5(II)   A community owner may not terminate or
6refuse to renew the lease of the lessee.
7(B)   Upon a second or subsequent violation or
8breach occurring within six months, a community owner
9may commence eviction proceedings at any time within
1060 days of the last violation or breach.
11    (c)    Unequal treatment.--If there is proof that the rules
12 that a lessee is accused of violating are not enforced with
13 respect to the other lessees or nonresidents on the premises of
14 the manufactured home:
15(1)   The lessee may not be evicted.
16(2)   The community owner may not terminate or refuse to
17    renew the lease of the lessee.
18 § 8313.    Community rules and regulations.
19    (a)    Conditions.--A community owner may at any time establish
20 fair and reasonable rules and regulations reasonably related to
21 the health, safety and upkeep of the community, if the rules and
22 regulations are:
23(1)   not arbitrary or capricious;
24(2)   included in any written lease;
25(3)   delivered to existing lessees; and
26(4)   posted in the public portion of the community office
27    or other conspicuous and readily accessible place in the
28    community.
29    (b)    Uniform application.--All rules or rental charges shall
30 be uniformly applied to all lessees or prospective manufactured
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1 home occupants of the same or similar category.
2    (c)   Copy of rules and regulations.--
3(1)   Each lessee shall be provided with a written copy of
4    the rules and regulations of the community prior to the
5    community owner's or community operator's acceptance of any
6    initial deposit, fee or rent.
7(2)   A copy of this subchapter shall be posted in the
8    public portion of the community office or other conspicuous
9    and readily accessible place in the community.
10(3)   A copy of the following notice shall be reproduced
11    in capital typewritten letters or in 10-point boldface print
12    and be given to each resident upon entering into the lease.
13IMPORTANT NOTICE REQUIRED BY LAW
14The rules set forth below govern the terms of your
15lease or occupancy agreement with this manufactured home
16community. The law requires all of these rules to be fair
17and reasonable.
18As a lessee, you may continue to stay in this
19community as long as you pay your rent and other
20reasonable fees, service charges and assessments
21hereinafter set forth and abide by the rules of the
22community. Entrance and exit fees may not be charged.
23Installation and removal fees may not be charged in
24excess of the actual cost to the manufactured home
25community owner or operator for providing such service
26for the installation or removal of a manufactured home in
27a manufactured home space.
28As a lessee, you may be evicted for any of the
29following reasons:
30(1)   Nonpayment of rent.
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1(2)   A second or subsequent violation of the
2rules of the manufactured home community occurring
3within a six-month period.
4(3)   If there is a change in use of the community
5land or parts thereof.
6(4)   Termination of manufactured home community.
7As a lessee, you shall only be evicted in accordance
8      with the following procedure:
9(1)   A lessee shall not be evicted by any self-
10help measure.
11(2)   Prior to the commencement of any eviction
12proceeding, the manufactured home community owner
13shall notify the lessee in writing of the particular
14breach or violation of the lease or community rules
15by certified or registered mail.
16(i)    In the case of nonpayment of rent, the
17notice shall state that an eviction proceeding
18may be commenced if the manufactured home lessee
19does not pay the overdue rent within 20 days from
20the date of service if the notice is given on or
21after April 1 and before September 1, and 30 days
22if given on or after September 1 and before April
231 or an additional nonpayment of rent occurring
24within six months of the giving of the notice may
25result in immediate eviction proceedings.
26(ii)    In the case of a breach of the lease or
27violation of the community rules, other than
28nonpayment of rent, the notice shall describe the
29particular breach or violation. No eviction
30action shall be commenced unless the lessee has
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1been notified as required by this section, and
2upon a second or subsequent violation or breach
3occurring within six months, the manufactured
4home community owner may commence eviction
5proceedings at any time within 60 days of the
6last violation or breach.
7As a lessee, you shall not be evicted when there is
8      proof that the rules you as the lessee are accused of
9      violating are not enforced with respect to the other
10      manufactured home residents or nonresidents on the
11      community premises.
12In addition, no eviction proceeding for nonpayment of
13      rent may be commenced against you as the lessee until you
14      have received notice by certified or registered mail of
15      the nonpayment and have been given to pay the overdue
16      rent 20 days from the date of service if the notice is
17      given on or after April 1 and before September 1, and 30
18      days if given on or after September 1 and before April 1.
19      However, only one notice of overdue rent is required to
20      be sent to you as the lessee during any six-month period.
21      If a second or additional violation occurs within six
22      months from the date of the first notice then eviction
23      proceedings may be immediately started against you.
24You are entitled to purchase goods or services from a
25      seller of your choice and the community owner shall not
26      restrict your right to do so.
27If you desire to sell your manufactured home, the
28      manufactured home community owner may not prevent the
29      sale and may not claim any fee in connection therewith,
30      unless there exists a separate written fee agreement.
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1However, the manufactured home community owner may
2reserve the right to approve the purchaser as a resident
3in the manufactured home community.
4Enforcement of the manufactured home community rights
5provisions under 68 Pa.C.S. Ch. 83 Subch. B is by the
6Attorney General of the Commonwealth of Pennsylvania or
7the District Attorney of the county in which the
8manufactured home community is located. As a lessee, you
9may also bring a private cause of action. If your rights
10are violated you may contact the State Bureau of Consumer
11Protection or your local District Attorney.
12 § 8314.    Written lease.
13    (a)    Conditions.--Every lease for a manufactured home space
14 shall be:
15(1)   In writing.
16(2)   For a duration term of one month, unless a longer
17    period is mutually agreed upon by both the lessee and
18    community owner.
19(3)   Renewable.
20    (b)    Ground rents.--Rents for a mobile home site, commonly
21 known as ground rents, shall not change more than once in a 12-
22 month period.
23    (c)    Renewal.--For each lease period over 60 days prior to
24 the expiration of the term of a community lease, the community
25 owner shall offer the lessee a renewal lease for the same term
26 and with the same provisions as the original agreement, unless
27 the community owner notifies the lessee in writing of any
28 changes, at least 60 days prior to the expiration of the lease.
29 § 8315.    Underskirting and tie-down equipment.
30    (a)    Designation.--Subject to subsection (b), a community
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1 owner or community operator may designate the type of material
2 or manner of installation for underskirting, awnings, porches,
3 fences or other additions and alterations to the exterior of the
4 manufactured home and tie-down equipment compliant with all
5 applicable requirements of the act of November 29, 2004
6 (P.L.1282, No.158), known as the Manufactured Housing
7 Improvement Act, and the act of November 10, 1999 (P.L.491,
8 No.45), known as the Pennsylvania Construction Code Act, in
9 order to ensure the safety and good appearance of the community.
10    (b)    Prohibition.--A resident may not be required to purchase
11 the equipment described under subsection (a) from a supplier
12 designated by the community owner or community operator.
13 § 8316.    Disclosure of fees.
14    (a)    Disclosure to lessees.--
15(1)   All rent, fees, service charges and assessments
16    payable to the community owner and utility charges for water,
17    sewer, trash, Internet, cable, electricity and fuel charges
18    payable to the community owner and notice of any other
19    utility charges for which the lessee may be responsible shall
20    be fully disclosed in writing to a prospective lessee prior
21    to the community owner's or community operator's acceptance
22    of any initial deposit, fee or rent and prior to execution of
23    the manufactured home space lease.
24(2)   For current residents, the community owner or
25    community operator shall fully disclose all rent, fees,
26    service charges and assessments payable to the community
27    owner and utility charges for water, sewer, trash, cable,
28    electricity and fuel charges payable to others in writing
29    prior to the execution of a mandatory lease of at least one
30    month in duration.
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1    (b)   Receipt.--A community owner may require that a
2 prospective lessee or current lessee sign a receipt indicating
3 receipt of a copy of the required disclosure and the community
4 rules and regulations so long as these documents are clearly
5 identified in the receipt itself. The receipt shall indicate
6 nothing more than that the documents identified in the receipt
7 have been received by the lessee.
8    (c)   Failure to disclose.--
9(1)   Failure to disclose rent, fees, service charges and
10    assessments in accordance with this section shall render them
11    void and unenforceable in the courts of this Commonwealth.
12(2)   Subject to paragraph (3), increases in rent, fees,
13    service charges and assessments payable to the community
14    owner shall be unenforceable until 30 days after notice
15    thereof has been posted in the public portion of the
16    community office or other conspicuous and readily accessible
17    place in the community and mailed to the lessee.
18(3)   Notwithstanding paragraph (2), rent may not be
19    increased during the term of the lease.
20    (d)   Written disclosure.--The written disclosure under this
21 section shall contain a cover sheet with the following statement
22 in 12-point, sans-serif type, except the term "five days" in the
23 final paragraph of the notice shall appear in 16-point, sans-
24 serif, bold type:
25This document contains important information regarding
26    your legal rights and your financial obligations in leasing
27    or renewing or signing a new lease for a manufactured home
28    space. Make sure that you read the entire document and seek
29    legal advice if you have any questions regarding the
30    information stated in this document.
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1The statements contained in this disclosure are only
2    summary in nature. A prospective lessee should refer to all
3    references, including all lease or rental agreement documents
4    as well as any rules and regulations that have been
5    established for the manufactured home community. Oral
6    representations should not be relied on as correctly stating
7    the representations of the manufactured home community owner
8    or operator. Instead, you should refer to the lease or rental
9    agreement and required disclosure documents for correct
10    representations. You should also refer to 68 Pa.C.S. Ch. 83
11    Subch. B to become familiar with your obligations and rights
12    as a manufactured home resident.
13You have five calendar days from the date you received
14    this documentation to cancel your agreement in writing to the
15    manufactured home community owner or operator.
16    (e)   Specific disclosures.--All new leases, lease extensions
17 and lease renewals that are for more than a 60-day period shall
18 contain the following full disclosures:
19(1)   The manner in which utility and other services,
20    including sewage and waste disposal, cable television, water
21    supply and storm drainage, will be provided, and the entity
22    providing them. The services and the lot rental amount or
23    user fees charged by the community owner for the services
24    provided by the community owner shall also be disclosed.
25(2)   An explanation of the manner in which the
26    manufactured home space rental amount will be increased,
27    including notification to the lessee at least 60 days in
28    advance of the increase.
29(3)   Disclosure of any factors that may affect the lot
30    rental amount, including:
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1(i)    Water rates.
2(ii)    Sewer rates.
3(iii)    Waste disposal rates.
4(iv)    Maintenance costs, including costs of deferred
5      maintenance.
6(v)    Management costs.
7(vi)    Property taxes.
8(vii)    Major repairs or improvements.
9(viii)    Any other fees, costs, assessments or service
10      charges that the lessee is required to pay or that the
11      community owner or community operator intends to charge
12      during the terms of the lease or rental agreement.
13      (4)   Disclosure of the manner in which the pass-through
14  charges will be assessed.
15      (5)   A report of the utility fees charged for the
16  manufactured home space paid to the community owner by a
17  prior lessee during the previous 12 months.
18      (6)   Disclosure of all service charges currently charged
19  for services offered that the lessee may elect to incur and
20  the manner in which the fees will be increased.
21      (7)   Any community rules and regulations that have been
22  established and an explanation of the manner in which the
23  rules and regulations will be set, changed or promulgated.
24      (8)   The rent history of the manufactured home space for
25  the three full calendar years immediately preceding the
26  prospective initial rental agreement date. The following
27  apply:
28(i)    The rent history shall be for basic manufactured
29      home space rental only and shall not apply to other fees,
30      including late charges and guest fees.
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1(ii)   The calculation of rent history shall be posted
2in the public portion of the community's rental office or
3other conspicuous and readily accessible place and in the
4same place as any rules and regulations that have been
5established for the community are posted.
6(9)   Citations or other documents from Federal, State or
7    local governmental agencies that require the community owner
8    to take corrective action, including citations from the
9    Department of Environmental Protection regarding water and
10    sewage. The information under this paragraph shall also be
11    posted within the community in the same place as community
12    rules and regulations are displayed until the corrective
13    action has been completed.
14 § 8317.    Appliance installation fees.
15    A community owner or community operator may not:
16(1)   Restrict the making of interior improvements in a
17    manufactured home if the improvements are in compliance with
18    applicable building codes and other provisions of law.
19(2)   Restrict the installation, service or maintenance of
20    an electric or gas appliance in a manufactured home or charge
21    a fee for the installation unless the fee reflects the actual
22    cost to the community owner or community operator of the
23    installation or its use.
24 § 8318.    Entrance and exit fees.
25    Entrance and exit fees may not be charged.
26 § 8319.    Installation and removal fees.
27    (a)    Amount.--Any fee charged by a community owner for the
28 installation or removal of a manufactured home in a manufactured
29 home space shall not exceed the actual cost to the community
30 owner or community operator for providing the service.
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1    (b)    Refunds.--
2(1)   Fees described in subsection (a) shall be refundable
3    to the lessee at the time of removal if the community owner
4    or community operator acts to recover possession of the space
5    for reasons other than nonpayment of rent or breach of a
6    condition of the lease within one year of the initial
7    installation of the manufactured home.
8(2)   Failure to refund fees in accordance with this
9    section shall entitle the lessee to recover treble the amount
10    of the fees plus court costs and reasonable attorney fees.
11    (c)    Effect of limitations.--Limitations on the type of
12 installation fee described in this section shall not bar the
13 community owner or community operator from requiring a
14 reasonable security deposit in accordance with the act of April
15 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of
16 1951.
17 § 8320.    Other fees.
18    (a)    General rule.--Except as provided in subsection (b), in
19 accordance with a lessee's right to invite to the lessee's
20 manufactured home social and business visitors as the lessee
21 wishes, a fee may not be charged for overnight visitors or
22 guests occupying the lessee's manufactured home.
23    (b)    Exception.--If overnight visitors or guests of a lessee
24 frequently remain overnight for residential purposes so as to
25 increase the number of individuals normally living in the
26 lessee's manufactured home, the community owner or community
27 operator may revise the rent due to conform to the rent paid by
28 other lessees with a similar number of members in their
29 household.
30 § 8321.    Determination of abandonment.
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1    (a)    Judicial process or voluntary abandonment.--A lessee or
2 resident shall be deemed to have abandoned a manufactured home
3 and all personal property in the manufactured home only after
4 either:
5(1)   Judicial process, which shall include all of the
6    following:
7(i)    The entry of a judgment for possession in favor
8of the community owner or community operator in
9accordance with applicable law.
10(ii)    The execution of an order for possession, or
11equivalent process, on the judgment for possession.
12(iii)    A determination by a magisterial district
13court or other court of competent jurisdiction that the
14manufactured home and personal property in the
15manufactured home have been abandoned.
16(2)   Voluntary abandonment, as evidenced by a written
17    statement from the lessee or resident stating that the lessee
18    or resident has physically or permanently vacated the
19    manufactured home, does not intend to return to the
20    manufactured home and has given up all further rights or
21    ownership interest.
22    (b)    Preponderance of evidence and factors.--The
23 determination of abandonment of a manufactured home shall be
24 based on a preponderance of the evidence of the lessee's absence
25 from the manufactured home for at least 30 days and nonpayment
26 of rent for at least 30 days from the date that the rent is due,
27 together with one or more of the following:
28(1)   Termination of electric or water service to the
29    manufactured home and other utility or payment of services to
30    the community owner.
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1(2)   Cancellation of insurance for the manufactured home.
2(3)   Removal of most or all personal property from the
3    manufactured home.
4(4)   Any other indicia of abandonment.
5    (c)    Court authority.--In accordance with 42 Pa.C.S. §
6 1515(a)(7) (relating to jurisdiction and venue), a magisterial
7 district court shall have jurisdiction to determine if a
8 manufactured home has been abandoned and shall make a
9 determination as to whether a manufactured home has been
10 abandoned if the issue is presented.
11    (d)    Effect of abandonment determination.--A determination by
12 the court that a manufactured home has been abandoned shall give
13 the community owner the same rights as an entity that has been
14 granted a judgment for possession.
15 § 8322.    Abandoned manufactured homes.
16    (a)    Actions in case of abandonment.--If a resident abandons
17 a manufactured home, the community owner or other authorized
18 person may:
19(1)   (i)     Enter the manufactured home and secure any
20appliances, furnishings, materials, supplies or other
21personal property in the manufactured home.
22(ii)    Disconnect the manufactured home from any
23utilities.
24(iii)    Otherwise exercise ordinary care in relation
25to the manufactured home and personal property, including
26promptly disposing of perishable food and contacting an
27animal control agency or humane society to remove any
28abandoned pets.
29(2)   Move the manufactured home, any personal property
30    inside the manufactured home and personal property located
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1  within the community that is believed to belong to the
2  resident to a storage area within the community or to another
3  location deemed necessary and proper without the requirement
4  of obtaining a removal permit for the manufactured home from
5  the local taxing authority, which would otherwise be required
6  under 53 Pa.C.S. § 8821(d) (relating to assessment of mobile
7  homes and manufactured homes). The following apply:
8(i)    Prior to moving the manufactured home and
9      personal property, the community owner shall notify the
10      former manufactured home resident by mail and by posting
11      on the manufactured home and at any other known address
12      or by any other means by which notice may be achieved.
13      The notice must state that the manufactured home and
14      personal property, if applicable, will be moved 60 days
15      after the date of notice and must inform the former
16      resident of the new location of the manufactured home and
17      personal property.
18(ii)    The manufactured home shall continue to be
19      subject to the lien for taxes assessed against it, but
20      the real estate on which the manufactured home was and is
21      located shall not be encumbered by or be subject to the
22      lien.
23      (3)   Assess removal charges and storage charges against
24  the former manufactured home residents.
25      (4)     Dispose of the personal property or manufactured
26  home, or both, in accordance with the procedures specified in
27  subsection (d). The following apply:
28(i)    If the personal property or manufactured home is
29      sold, the proceeds from the sale shall be distributed in
30      the following order:
20250HB2098PN2697  - 20 -
1(A)   To pay the costs of moving, storing and
2selling the personal property or manufactured home.
3(B)   To pay all back rent due and all other
4amounts due to the community owner.
5(C)   To pay all outstanding taxes on the
6manufactured home.
7(D)   To pay all outstanding liens on the
8manufactured home.
9(ii)    Any amount still remaining from the sale after
10payment of the items in subparagraph (i) shall be paid to
11the resident. If the resident's whereabouts are unknown,
12any amount due and payable to the resident shall be paid
13to the Commonwealth as required by Article XIII.1 of the
14act of April 9, 1929 (P.L.343, No.176), known as The
15Fiscal Code.
16    (b)   Liability.--Upon proper disposal of the personal
17 property and the manufactured home, the purchaser or community
18 owner, and any person acting for or on behalf of the purchaser
19 or community owner, shall not be liable for any outstanding
20 taxes or liens on the manufactured home.
21    (c)   Loss, damage or charges.--The community owner or other
22 authorized person acting in good faith to comply with the
23 requirements of this section shall not be responsible for any
24 loss or damage to a manufactured home, personal property inside
25 the manufactured home or within the community or for any fees,
26 assessments or other charges of any kind relating to the
27 abandoned manufactured home unless the community owner failed to
28 provide the notice required under this section or failed to
29 exercise due care of the manufactured home or personal property.
30    (d)   Notice generally.--
20250HB2098PN2697  - 21 -
1(1)   The community owner or other authorized person may
2    dispose of the manufactured home and personal property after
3    first giving written notice to the resident and any
4    lienholder. The notice shall be:
5(i)    Sent by certified mail, return-receipt
6requested, or by receipted first class mail, to the
7resident's last known address, which may be the address
8of the premises, and at any alternate address or
9addresses if known to the community owner or other
10authorized person, including the address of emergency
11contacts if provided.
12(ii)    Posted in a conspicuous location in the
13community.
14(2)   The notice of removal required under subsection (a)
15    (2)(i) and the notice of disposal required under paragraph
16    (1) may be combined in one notice.
17    (e)   Contents of notice.--The notice required under this
18 section shall state the following:
19(1)   The manufactured home and contents are considered
20    abandoned and, to avoid the sale or other disposal of the
21    manufactured home, the manufactured home and contents must be
22    claimed and removed from the premises in the community, the
23    storage area or place of storage within 60 days after the
24    date of mailing of the notice.
25(2)   If the manufactured home and contents are not
26    claimed and removed within the time specified in the notice:
27(i)    the owner or other authorized person may sell
28the manufactured home at public or private sale with or
29without additional notices; or
30(ii)    if it is reasonably determined by the community
20250HB2098PN2697  - 22 -
1owner or other authorized person that the value of the
2property is so low that the cost of storage and
3conducting a sale would exceed the amount that would be
4realized from the sale of the manufactured home, the
5manufactured home may be destroyed or discarded.
6(3)   (i)    Within the time provided in the notice, the
7resident may claim the manufactured home by notifying the
8community owner or other authorized person in writing
9that the manufactured home will be claimed and removed
10within the time provided in the notice or a later time as
11is mutually agreed to by the community owner or other
12authorized person and the resident.
13(ii)   If the resident fails to claim and remove the
14manufactured home within the time specified in the notice
15or the later time, the manufactured home shall be
16conclusively deemed abandoned, and the community owner or
17other authorized person shall be entitled to proceed to
18sell or otherwise dispose of the manufactured home.
19    (f)   Notice to Department of Transportation.--When a
20 community owner or other authorized person disposes of the
21 manufactured home, notice of disposal shall be sent to the
22 Department of Transportation, addressed to the Bureau of Motor
23 Vehicles, Vehicle Registration Division or other office or
24 bureau as is designated by the Department of Transportation.
25    (g)   Actions by Department of Transportation.--
26(1)   When a manufactured home is sold under this section,
27    the Department of Transportation shall, upon proof of sale
28    and purchase, notwithstanding any provision of 75 Pa.C.S.
29    (relating to vehicles), issue a certificate of title to the
30    purchaser evidencing no encumbrances.
20250HB2098PN2697  - 23 -
1(2)   If the manufactured home is not sold but is
2  destroyed or discarded because the value of the manufactured
3  home was determined to be so low that the storage and sale
4  would exceed the amount to be realized in the sale, the
5  Department of Transportation shall, upon receiving notarized
6  documentation that the manufactured home was destroyed or
7  discarded, make an appropriate notation on its recordkeeping
8  system that the manufactured home has been destroyed or
9  discarded and that no certificate of title should again be
10  issued for the manufactured home.
11(3)   The Department of Transportation may create and use
12  a special form for the process under this subsection but may
13  not impose any other requirements for compliance with this
14  provision to be fulfilled.
15  (h)   Vacant space.--
16(1)   When a manufactured home is moved to a storage area
17  or another location or is disposed of as provided for by this
18  section and the space on which that manufactured home
19  previously was located is vacant, the community owner or
20  other authorized person may lease that space to a new
21  resident or otherwise locate another manufactured home on
22  that space.
23(2)   The municipality or taxing district in which the
24  community is located may not:
25(i)    Prevent the occupancy of the space described in
26paragraph (1) by another manufactured home.
27(ii)   Attach any conditions to the occupancy that are
28not applicable to a new resident locating in a space made
29vacant by circumstances other than abandonment.
30  (i)   Liability for taxes, fees, assessments and other
20250HB2098PN2697  - 24 -
1 charges.--
2(1)   If a manufactured home is moved to a storage area or
3    another location or is disposed of as provided for in this
4    section, the real estate on which the manufactured home was
5    or is located, the community or the purchaser of the
6    manufactured home shall not be liable for any taxes, fees,
7    assessments or other charges imposed by the municipality or
8    taxing district on the manufactured home.
9(2)   Liability for taxes assessed and imposed on a
10    resident or liability to satisfy a lien for taxes shall
11    continue to be the responsibility of the resident and shall
12    not be assessed and imposed on the real estate on which the
13    manufactured home was or is located, the community or the
14    purchaser of the manufactured home, all of which is as
15    provided for in the act of May 22, 1933 (P.L.853, No.155),
16    known as The General County Assessment Law, or in 53 Pa.C.S.
17    Ch. 88 (relating to consolidated county assessment).
18(3)   A government entity may not refuse to issue or delay
19    issuing any permits, licenses or other required authorities
20    to the community, community owner, purchaser or any new
21    tenant or resident attempting to locate or lease a
22    manufactured home on the property where the abandoned home
23    was located solely because of tax liability on the abandoned
24    home.
25 § 8323.    Immunity from liability.
26    A community owner who complies with the procedures under this
27 subchapter shall be immune from liability with regard to or as a
28 consequence of the sale, disposal or destruction of an abandoned
29 manufactured home and any contents in the manufactured home or
30 otherwise in the community or associated with the home except as
20250HB2098PN2697  - 25 -
1 otherwise specifically specified in this subchapter.
2 § 8324.    Sale of manufactured homes.
3    (a)    Requirements.--
4(1)   A rule, regulation or condition of a lease
5    purporting to prevent the sale of a manufactured home
6    belonging to a lessee shall be void and unenforceable in the
7    courts of this Commonwealth.
8(2)   A community owner or community operator may reserve
9    the right to approve the purchaser of the manufactured home
10    as a lessee, but the approval may not be unreasonably
11    withheld.
12(3)   A claim for a fee or commission in connection with
13    the sale of a manufactured home shall be void and
14    unenforceable unless the claimant shall in fact have acted as
15    a bona fide licensed manufactured home sales agent for the
16    manufactured home owner pursuant to a separate written fee
17    agreement.
18    (b)    Disclosure and notice.--Prior to a lessee or occupant in
19 a community offering a manufactured home for sale, the lessee or
20 occupant must obtain from the community operator the then-
21 current disclosure document required by this subchapter and
22 provide a copy to any prospective buyer along with an attached
23 sheet of paper with the following information printed in 12-
24 point boldfaced type:
25Be advised that this manufactured home offered for sale
26is subject to 68 Pa.C.S. Ch. 83 Subch. B and a written
27lease required under that law. You are advised that the
28community in which this home is now placed requires an
29approved application for lessees and occupants and a
30fully executed lease prior to your right to reside in the
20250HB2098PN2697  - 26 -
1community.
2You shall have a minimum of five calendar days after
3receiving this disclosure required under 68 Pa.C.S. Ch.
483 Subch. B to void the transaction with the operator, if
5any, and, if terminated, you shall be returned any
6deposits and rents paid to the operator of the community.
7    (c)    Grounds for cancellation.--Failure of the resident
8 seller to obtain a dated acknowledgment from the prospective
9 buyer of the manufactured home of receipt of the disclosure may
10 be grounds for cancellation of the sale by the buyer.
11 § 8325.    Sale or lease of communities.
12    (a)    Notice of sale or lease.--In the event of the sale or
13 lease of a community, a community owner shall provide written
14 notice to the residents and tenants of the community and to the
15 Pennsylvania Housing Finance Agency. The notice shall be:
16(1)   Sent within 30 days after the agreement of sale is
17    signed.
18(2)   Posted in the same conspicuous and readily
19    accessible place in the community where the community rules
20    and regulations are posted, in accordance with section 8313
21    (relating to community rules and regulations).
22    (b)    Notice of name and contact information.--Within 30 days
23 of transfer of title to the community, the new community owner
24 shall notify the residents and tenants of the name of the new
25 community owner and contact information for either the new
26 community owner or new community operator. The notice shall be:
27(1)   Mailed to each resident and tenant of the community.
28(2)   Posted immediately in the same conspicuous and
29    readily accessible place in the community where the community
30    rules and regulations are posted, in accordance with section
20250HB2098PN2697  - 27 -
1    8313.
2 § 8326.    Closure of communities.
3    (a)    Notice of closure.--In the event of the closure of a
4 community, in whole or in part, the community owner shall:
5(1)   Within 60 days of deciding to close the community,
6    provide written notice, which shall:
7(i)    Be given to:
8(A)   The residents and tenants of the community.
9(B)   The resident association, if one exists.
10(C)   The Pennsylvania Housing Finance Agency.
11(D)   The municipality where the community is
12located.
13(ii)    Include:
14(A)   The estimated date that residents and
15tenants will be expected to vacate the community,
16which shall be no less than 180 days from the date of
17the notice.
18(B)   The estimated date that the community will
19be closed.
20(2)   Notify any prospective resident in writing, prior to
21    leasing a manufactured home space, and any known prospective
22    tenant, prior to leasing a manufactured home in a community,
23    of the scheduled closing date.
24    (b)    Offer to purchase.--A community owner shall consider any
25 offer to purchase the community made by a resident association
26 representing at least 25% of the manufactured home spaces or by
27 a nonprofit corporation, including a community development
28 corporation, housing authority or redevelopment authority acting
29 at the request of the residents of at least 25% of the spaces
30 and shall negotiate in good faith with the entity submitting the
20250HB2098PN2697  - 28 -
1 offer.
2    (c)   Relocation expenses.--A community owner shall pay
3 relocation expenses to the owner of a manufactured home in a
4 community that is closing in an amount equivalent to the cost of
5 relocation, not to exceed the amount of $4,000 for a single
6 section manufactured home and $6,000 for a multisection
7 manufactured home. The amounts stated in this subsection shall
8 be adjusted annually by the Department of Community and Economic
9 Development to reflect any increase in the Consumer Price Index.
10    (d)   Replacement site.--A community owner shall pay a minimum
11 of $2,500 or the appraised value, whichever is greater, of any
12 manufactured home to the resident of the manufactured home upon
13 the closure of the community if the resident is unable or
14 unwilling to find a reasonably suitable replacement site. The
15 following apply:
16(1)   The appraised value must be provided by a certified
17    residential real estate appraiser with substantial experience
18    in appraising manufactured homes who is mutually agreed to by
19    the community owner and resident.
20(2)   If the parties cannot agree on an appraiser, each
21    shall select an appraiser, and the two appraisers shall
22    select the appraiser to perform the appraisal.
23(3)   The community owner and resident shall each pay half
24    of the cost for the appraisal.
25(4)   Notwithstanding the provisions of this subsection,
26    the community owner and resident may mutually agree upon a
27    price for the sale of the manufactured home.
28    (e)   Condemnation, eminent domain or other governmental
29 action.--If a community is closed because of a condemnation,
30 action in eminent domain or other governmental action, the
20250HB2098PN2697  - 29 -
1 manufactured home residents shall not be entitled to payments
2 specified in subsections (c) and (d), but shall be entitled to
3 the rights and remedies available under laws relating to
4 condemnation, eminent domain or other governmental action.
5    (f)    Right to terminate.--A tenant who rents a manufactured
6 home in a community shall have the right to terminate the lease
7 without penalty upon receiving notice of the planned closing of
8 the community.
9    (g)    Removal and disposal and assignment of title.--
10(1)   A resident shall not be required to remove the
11    manufactured home from the land when a community closes and
12    shall not be liable for the costs of removing or disposing of
13    the manufactured home.
14(2)   The community owner may require a resident who is
15    leaving a manufactured home in the community to assign the
16    title to the community owner. If the resident refuses to make
17    the assignment, the community owner may proceed under section
18    8321 (relating to determination of abandonment).
19 § 8327.    Notice requirements in event of closure of community.
20    (a)    Sending of notice.--The notice given to the Pennsylvania
21 Housing Finance Agency under section 8326 (relating to closure
22 of communities) shall be sent by certified mail and shall be
23 addressed to the legal department of the Pennsylvania Housing
24 Finance Agency.
25    (b)    Notice of list.--
26(1)   No later than December 24, 2012, the Pennsylvania
27    Housing Finance Agency shall transmit notice to the
28    Legislative Reference Bureau for publication in the next
29    available issue of the Pennsylvania Bulletin and shall post
30    on its publicly accessible Internet website that it is
20250HB2098PN2697  - 30 -
1    compiling a list of parties interested in receiving copies of
2    any notice received by it under sections 8325 (relating to
3    sale or lease of communities) and 8326 and inviting the
4    parties to provide their contact information to receive
5    notices of community sales or closures. Interested parties
6    may indicate their region of this Commonwealth or that they
7    operate Statewide.
8(2)   The Pennsylvania Housing Finance Agency shall send
9    copies of notices it receives under this section to parties
10    on the list that are Statewide or within the region the
11    parties identify. Notices shall be sent by regular mail or by
12    electronic mail within 10 calendar days of the legal
13    department's receipt of a notice.
14(3)   Nothing in this subsection shall be construed to
15    create any liability for the Pennsylvania Housing Finance
16    Agency or otherwise to affect the transfer of any real
17    property if there is a failure to provide notice in
18    accordance with this subchapter.
19    (c)   Delivery of notice of closure.--A notice given in
20 accordance with section 8326(a)(1) shall be:
21(1)   Delivered to an adult resident of each manufactured
22    home space within the community or mailed by first class mail
23    to the resident or tenant of each space.
24(2)   Posted in the same conspicuous and readily
25    accessible place in the community where the community rules
26    and regulations are posted, under section 8313 (relating to
27    community rules and regulations).
28    (d)   Delivery of notice regarding scheduled closing date.--A
29 notice given in accordance with section 8326(a)(2) shall be
30 given personally to the prospective resident or known
20250HB2098PN2697  - 31 -
1 prospective tenant.
2 § 8328.    Waiver of rights.
3    The rights and duties of community owners, community
4 operators and lessees may not be waived by any provisions of a
5 written or oral agreement. An agreement attempting to limit the
6 rights shall be void and unenforceable in the courts of this
7 Commonwealth.
8 § 8329.    Damages.
9    (a)    Cause of action.--A community owner, community operator
10 or lessee aggrieved by a violation of rights under this
11 subchapter may institute a private cause of action in an
12 appropriate court of initial jurisdiction within this
13 Commonwealth:
14(1)   to recover damages;
15(2)   for treble damages in accordance with this
16    subchapter; or
17(3)   for restitution.
18    (b)    When rental agreement voidable.--If disclosure as
19 required by 8316 (relating to disclosure of fees) was not
20 provided to the community prospective first-time lessee prior to
21 execution of the manufactured home space rental agreement or
22 prior to initial occupancy of a manufactured home, the rental
23 agreement is voidable by the lessee during the first year of
24 occupancy until five calendar days after the receipt of the
25 disclosure by the lessee.
26    (c)    Notice required to void rental agreement.--To void the
27 rental agreement, the prospective first-time lessee shall
28 deliver written notice to the community owner or community
29 operator within five days after receipt of the disclosure and
30 shall thereupon be entitled to a refund from the community owner
20250HB2098PN2697  - 32 -
1 or community operator of any deposit, together with installation
2 costs for the manufactured home, paid to the community owner or
3 community operator.
4    (d)   Rent collection.--A community owner or community
5 operator may not collect rent from a prospective first-time
6 lessee until the community owner or community operator and the
7 lessee have entered into the rental agreement.
8    (e)   Lease required.--When a community owner or community
9 operator and a lessee execute a new, renewed or extended lease
10 for a manufactured home space, which increases rent or payables
11 to the lessor, the community owner or community operator may not
12 collect increased rent or fee payable rent from the lessee until
13 the community owner or community operator and the lessee have
14 entered into the new, renewed or extended lease. The following
15 apply:
16(1)   After receiving 60 days' notice of the community
17    owner's or community operator's intent to offer a new lease,
18    the manufactured home occupant shall have 30 days to either
19    accept the new, renewed or extended rental agreement or to
20    notify the community owner or community operator of intent to
21    vacate within 30 days.
22(2)   Increased rent or fee lease charges shall not be
23    effective against a lessee prior to the 61st day after
24    receiving the notice from the community owner or community
25    operator.
26    (f)   Lessee not entering rental agreement.--A lessee who
27 chooses not to enter into a new, renewed or extended rental
28 agreement shall have 60 days from the date of notification of
29 intent to vacate the community, enter into contract to sell or
30 relocate the manufactured home. The following apply:
20250HB2098PN2697  - 33 -
1(1)   No increased rent fee or lease charge shall apply
2    during this period.
3(2)   So long as the community owner or community operator
4    complied with disclosure as provided in section 8316, the
5    lessee shall not be entitled to relocation costs.
6 § 8330.    Restraining prohibited acts.
7    Whenever the Attorney General or a district attorney has
8 reason to believe that a person is using or is about to use any
9 method, act or practice declared by this subchapter to be
10 prohibited, and that proceedings would be in the public
11 interest, the Attorney General or district attorney may bring an
12 action in the name of the Commonwealth against the person to
13 restrain by temporary or permanent injunction the use of the
14 method, act or practice.
15 § 8331.    Enforcement.
16    The Attorney General shall enforce the provisions of this
17 subchapter, but an individual shall not be prohibited or
18 otherwise restricted from initiating a private cause of action
19 pursuant to any right or remedy conferred by this subchapter.
20 § 8332.    Retaliatory evictions.
21    An action by a community owner or community operator to
22 recover possession of real property from a lessee or to change
23 the lease within six months of a lessee's assertion of rights
24 under this subchapter or any other legal right shall raise a
25 presumption that the action constitutes a retaliatory and
26 unlawful eviction by the community owner or community operator
27 and is in violation of this subchapter. The presumption may be
28 rebutted by competent evidence presented in an appropriate court
29 of initial jurisdiction within this Commonwealth.
30 § 8333.    Remedies.
20250HB2098PN2697  - 34 -
1    (a)    Enforcement.--A violation of this subchapter:
2(1)   May be enforced as provided by sections 8329
3    (relating to damages), 8330 (relating to restraining
4    prohibited acts), 8331 (relating to enforcement) and 8332
5    (relating to retaliatory evictions).
6(2)   Shall also constitute an unfair or deceptive act or
7    practice within the meaning of section 2(4) of the act of
8    December 17, 1968 (P.L.1224, No.387), known as the Unfair
9    Trade Practices and Consumer Protection Law, and shall be a
10    violation of and be subject to the enforcement provisions and
11    private rights of action contained in that act.
12    (b)    Injunctive relief.--Residents shall have the right to
13 seek injunctive relief to enforce compliance with this section
14 and sections 8325 (relating to sale or lease of communities) and
15 8326 (relating to closure of communities).
16SUBCHAPTER C
17MANUFACTURED HOME OMBUDSMAN AND HEARING BOARD
18 Sec.
19 8341.    Scope of subchapter.
20 8342.    Definitions.
21 8343.    Manufactured Home Ombudsman.
22 8344.    Manufactured Home Hearing Board.
23 8345.    Disposition before ombudsman.
24 8346.    Petition for appeal to board.
25 8347.    Hearing before board.
26 8348.    Appeal to Commonwealth Court.
27 8349.    Notification of law.
28 8350.    Restricted account.
29 8351.    Construction of subchapter.
30 § 8341.    Scope of subchapter.
20250HB2098PN2697  - 35 -
1    This subchapter relates to the Manufactured Home Ombudsman
2 and the Manufactured Home Hearing Board.
3 § 8342.   Definitions.
4    The following words and phrases when used in this subchapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7    "Board."    The Manufactured Home Hearing Board established
8 under section 8344(a) (relating to Manufactured Home Hearing
9 Board).
10    "Comparable manufactured home community" or "comparable
11 community."    A community with similar facilities, services,
12 amenities and management.
13    "Department."    The Department of Community and Economic
14 Development of the Commonwealth.
15    "Office."    The Office of Manufactured Home Ombudsman
16 established under section 8343(a) (relating to Manufactured Home
17 Ombudsman).
18    "Ombudsman."    The head of the office.
19    "Respondent."    A person against whom a complaint, which is
20 filed with the office, is directed.
21    "Secretary."    The Secretary of Community and Economic
22 Development of the Commonwealth.
23    "Unreasonable."    Not fair, proper, just, moderate or suitable
24 under the circumstances or fit or appropriate to the end in
25 view.
26 § 8343.   Manufactured Home Ombudsman.
27    (a)    Establishment.--The Office of Manufactured Home
28 Ombudsman is established within the department.
29    (b)    Appointment.--The ombudsman shall head the office and
30 shall be a full-time employee of the department with fixed
20250HB2098PN2697  - 36 -
1 compensation.
2    (c)   Powers and duties.--The office shall have the following
3 powers and duties:
4(1)   To investigate and resolve complaints and disputes
5    involving manufactured homes, including disputes involving
6    lessees or residents and community owners or community
7    operators, including:
8(i)    Community matters generally.
9(ii)    The interpretation of provisions under
10Subchapter B (relating to manufactured home community
11rights).
12(iii)    The approval of a prospective purchaser of an
13existing manufactured home owned by a resident.
14(iv)    The reasonableness of rules and regulations
15promulgated by community owners in accordance with
16Subchapter B.
17(v)    Environmental concerns, including the provision
18of safe drinking water and proper sewage disposal.
19(vi)    The interpretation of provisions of lease
20agreements.
21(vii)    The reasonableness of proposed rent increases.
22(viii)    The reasonableness of pending eviction
23procedures.
24(2)   To initiate a legal proceeding before a Federal,
25    State or county court necessary to protect the rights of
26    lessees or residents and to represent the lessees or
27    residents before the court in the legal proceeding.
28(3)   To initiate a proceeding before a Federal, State or
29    local agency necessary to protect the rights of lessees or
30    residents and to represent the lessees or residents in the
20250HB2098PN2697  - 37 -
1  proceeding.
2      (4)   To educate the public regarding the purchase of a
3  manufactured home and a manufactured home space lease, which
4  shall include a notice and other information in accordance
5  with the following:
6(i)    The notice shall include the title "ALERT TO
7      PROSPECTIVE PURCHASER OF MANUFACTURED HOME OR LESSEE IN
8      MANUFACTURED HOME COMMUNITY," followed by a brief summary
9      of the key facts of which anyone contemplating purchasing
10      a manufactured home or leasing space in a community
11      should be aware.
12(ii)    The notice, including the title, shall be in
13      10-point boldface print.
14(iii)    Within 90 days of the effective date of this
15      subparagraph, the ombudsman shall provide a copy of the
16      notice and brief summary, along with a copy of this
17      subchapter and Subchapter A (relating to preliminary
18      provisions) and the responsibilities of the ombudsman as
19      specified in this subchapter, to:
20(A)   Manufactured home dealers or others licensed
21in this Commonwealth under the act of December 22,
221983 (P.L.306, No.84), known as the Board of Vehicles
23Act, to be provided to a prospective purchaser of a
24new manufactured home at least 48 hours before the
25purchaser signs an agreement of sale.
26(B)   A person licensed under the Board of
27Vehicles Act, or any real estate salesperson or
28broker licensed under the act of February 19, 1980
29(P.L.15, No.9), known as the Real Estate Licensing
30and Registration Act, to be provided to a prospective
20250HB2098PN2697  - 38 -
1purchaser of a preowned manufactured home at least 48
2hours before the purchaser signs an agreement of
3sale.
4(C)   Community owners and community operators, to
5be provided to a prospective lessee at least 48 hours
6before the lessee signs a lease for space in a
7community operated in this Commonwealth.
8(iv)    Failure to receive a copy of the notice and
9information described under subparagraph (iii) shall not
10relieve a person of fulfilling any required obligation
11under this subchapter.
12(v)    The ombudsman shall post the notice and
13information under subparagraph (iii) on the publicly
14accessible Internet website of the office.
15(5)   To educate the public concerning the powers and
16    duties of the ombudsman and the services available.
17(6)   To establish a toll-free telephone number for public
18    use regarding inquiries on the services available from the
19    ombudsman, including the procedures for filing a complaint
20    and making an appeal to the board.
21 § 8344.    Manufactured Home Hearing Board.
22    (a)     Establishment.--The Manufactured Home Hearing Board is
23 established as an independent quasi-judicial agency.
24    (b)     Members.--The board shall consist of the following
25 members:
26(1)   The secretary or a designee of the secretary.
27(2)   One individual appointed by the President pro
28    tempore of the Senate.
29(3)   One individual appointed by the Speaker of the House
30    of Representatives.
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1(4)   One individual appointed by the Minority Leader of
2    the Senate.
3(5)   One individual appointed by the Minority Leader of
4    the House of Representatives.
5    (c)   Chairperson.--The board shall designate one member of
6 the board to serve as the chairperson.
7    (d)   Terms.--
8(1)   A member of the board shall serve for a term of five
9    years or until a successor is appointed and qualified within
10    six months of the expiration of the original term.
11(2)   A member of the board may be reappointed to
12    successive terms.
13    (e)   Limitations.--A board member may not:
14(1)   Be a manufactured home owner, manufactured home
15    manufacturer or manufactured home dealer.
16(2)   Own or manage a community.
17(3)   Be an agent for a community, manufactured home
18    manufacturer or manufactured home dealer.
19(4)   Have a financial interest in the business of, or in
20    any way be associated with, a manufactured home manufacturer,
21    manufactured home dealer or owner of a community.
22(5)   Be affiliated with manufactured homes or
23    manufactured home groups or associations.
24    (f)   Compensation and reimbursement.--The members of the
25 board shall not receive compensation for service as members of
26 the board but shall be reimbursed for all necessary and
27 reasonable expenses incurred in connection with the performance
28 of duties as members of the board.
29    (g)   Meetings.--
30(1)   The board shall meet at least four times a year or
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1    as often as is necessary to implement and administer the
2    provisions of this subchapter.
3(2)   The meetings of the board shall be rotated between
4    Pittsburgh, Philadelphia, Scranton and Harrisburg as feasible
5    to facilitate the attendance of those having appeals pending
6    before the board.
7    (h)    Powers and duties.--The board shall conduct hearings to
8 consider appeals of decisions by the ombudsman in accordance
9 with this subchapter.
10 § 8345.    Disposition before ombudsman.
11    (a)    Authorization.--The following may file a complaint with
12 the office and request an investigation to resolve a dispute
13 associated with a manufactured home or community:
14(1)   A lessee.
15(2)   A lessor.
16(3)   A community owner.
17(4)   A community operator.
18(5)   A person who rents or leases a manufactured home
19    that is located in a community for which a ground rental fee
20    is paid.
21    (b)    Complaint form.--
22(1)   The ombudsman shall develop a standardized complaint
23    form to be used for the purpose described under subsection
24    (a).
25(2)   The complaint form must include:
26(i)    The address, telephone number and any other
27contact information of the person filing the complaint.
28(ii)    The actions or circumstances given rise to the
29complaint.
30(iii)    The address, telephone number and any other
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1contact information of each respondent.
2(3)   The complaint form and instructions on how to submit
3    the complaint form shall be posted on the publicly accessible
4    Internet website of the office.
5(4)   A fee may not be charged to file a complaint with
6    the office.
7    (c)     Notice to respondents.--Upon receipt of a complaint
8 form, the ombudsman shall send to each named respondent, by
9 certified mail, a copy of the complaint, along with a notice
10 that a response is required showing cause, if any, why the
11 complaint should be dismissed. The ombudsman shall prescribe the
12 form and manner of the response.
13    (d)     Review.--After reviewing the complaint and response, the
14 ombudsman or the members of the staff of the office shall
15 promptly investigate the complaint, including a complaint
16 involving proposed rent increases, and attempt to mediate the
17 dispute.
18    (e)     Decisions generally.--
19(1)   The ombudsman shall render a decision on a complaint
20    within 21 days of receipt of the complaint.
21(2)   The decision of the ombudsman shall be final and
22    binding on all parties, and the ombudsman may enforce an
23    order through a court of competent jurisdiction, unless the
24    order is overturned by the board on appeal in accordance with
25    section 8347 (relating to hearing before board).
26(3)   After the investigation of a complaint, the
27    ombudsman:
28(i)    May determine that there is no factual basis to
29support the complaint and shall so notify all parties.
30(ii)   May determine that the complaint is
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1substantiated and may make a recommendation to resolve
2the dispute, to which all parties may voluntarily agree.
3In the absence of the voluntary acceptance of the
4recommendations by all parties, the ombudsman shall issue
5an order specifying the appropriate actions to be taken
6by all parties to the dispute.
7  (f)   Automatic stay.--
8(1)   Except as provided in paragraph (2), once the office
9  initiates an investigation regarding a complaint filed with
10  the office, any pending proposed rent increase, rule or
11  regulation or eviction proceeding shall be stayed pending a
12  final decision by the ombudsman.
13(2)   Paragraph (1) does not apply in the case of a
14  proposed annual rent increase that does not exceed the annual
15  increase in the cost of living, as determined by the United
16  States Department of Labor for the preceding calendar year,
17  but a resident under the circumstance may file a complaint
18  with the office regarding the reasonableness of the proposed
19  increase.
20  (g)   Determination regarding proposed annual rent increase.--
21(1)   When making a determination as to the reasonableness
22  of a proposed annual rent increase for a community, the
23  ombudsman shall consider the following:
24(i)    Rents charged by comparable communities within
25the same competitive geographic area.
26(ii)    Recent changes in the Consumer Price Index.
27(iii)    The rate of inflation since the last annual
28rent increase.
29(iv)    The historic trend of prior annual rent
30increases for the community.
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1(v)    The historic trend of prior annual rent
2      increases for comparable communities within the same
3      competitive geographic area.
4(vi)    Financial data relative to any change in
5      ownership of the community.
6(vii)    Current and prior financial statements of the
7      community owner, including annual operating costs and
8      taxes paid.
9(viii)       Actual cost data relative to improvements
10      made or to be made to the community when the cost of
11      improvements is used as a justification for the proposed
12      annual rent increase.
13(ix)    Historical evidence of improvements made to the
14      community previously when annual rents were increased.
15(x)    Whether the proposed annual rent increase
16      results in the rent exceeding market rent or the rent
17      that would result from market forces when both parties
18      have an equal bargaining position.
19      (2)   If, after an investigation, the ombudsman determines
20  that the proposed annual rent increase is unreasonable:
21(i)    The proposed annual rent increase shall not go
22      into effect.
23(ii)    The community owner shall:
24(A)    pending a final decision of the ombudsman,
25refund to each resident affected the increased amount
26paid that was determined to be unreasonable; or
27(B)    credit the resident with an equal amount of
28the rent due:
29(I)   in the month following the decision of
30the ombudsman; or
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1(II)   if appealed, in the month following a
2decision by the board.
3(iii)   The ombudsman may recommend, as part of an
4order, an annual rent increase that the ombudsman deems
5reasonable.
6    (h)    Determination regarding proposed rule or regulation.--
7 If, after an investigation, the ombudsman determines that an
8 existing or proposed rule or regulation promulgated by the
9 community owner or community operator is unreasonable, the rule
10 or regulation shall be rescinded.
11    (i)    Copies of decision.--Copies of all decisions of the
12 ombudsman shall be forwarded to the agency.
13 § 8346.    Petition for appeal to board.
14    (a)    Authorization.--If aggrieved by the decision of the
15 ombudsman, the person filing the complaint or a respondent may
16 appeal the order of the ombudsman to the board and request a
17 hearing before the board.
18    (b)    Petition.--
19(1)   The ombudsman shall develop a standardized petition
20    form to be used for the purpose described under subsection
21    (a).
22(2)   The petition and instructions on how to submit the
23    petition to the office shall be posted on the publicly
24    accessible Internet website of the office.
25    (c)    Filing fee.--
26(1)   A filing fee of $100 shall accompany each petition.
27(2)   If, on appeal, the board finds in favor of the
28    person who filed the complaint, the respondent shall be
29    responsible for the payment of the fee for filing the
30    petition.
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1    (d)    Notice to board.--Upon receipt of a petition and filing
2 fee under this section, the ombudsman shall forward a copy of
3 the petition to the chairperson of the board.
4 § 8347.    Hearing before board.
5    (a)    Scheduling and notice.--Upon receiving a petition from
6 the ombudsman in accordance with section 8346 (relating to
7 petition for appeal to board), the chairperson of the board
8 shall schedule a hearing on the appeal and shall:
9(1)   Provide the parties with reasonable notice of the
10    date, time and location of the hearing.
11(2)   Provide notice of the hearing to the agency.
12    (b)    Hearing procedures.--The following apply to a hearing
13 under this section:
14(1)   The hearing shall be conducted in accordance with 2
15    Pa.C.S. Ch. 5 (relating to practice and procedure).
16(2)   A party to the hearing may:
17(i)    Present witnesses, in person or by deposition,
18and may present evidence, on making a request to the
19board.
20(ii)    Designate any person, records and papers
21requested to be subpoenaed.
22(iii)    Request that a written transcript of the
23hearing be taken and made upon payment of the cost of the
24transcript.
25(3)   Subpoenas may be enforced in Commonwealth Court,
26    which, after a hearing, may judge a person in contempt or
27    make another appropriate order.
28(4)   For the purpose of the hearing, the board shall have
29    the powers vested in the officers by section 502 of the act
30    of April 9, 1929 (P.L.177, No.175), known as The
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1    Administrative Code of 1929.
2(5)   The board may cause the deposition of witnesses in
3    or outside of this Commonwealth to be taken as prescribed by
4    law for depositions in civil cases.
5    (c)    Inspection.--A party to a hearing under this section, or
6 an authorized agent of the party if the authorization is filed
7 in writing with the ombudsman, may inspect any file that
8 pertains to the hearing.
9    (d)    Proposed rent increase.--In the case of a complaint
10 involving a proposed rent increase, the board shall hear the
11 case within 30 days of receipt of the petition for a hearing.
12    (e)    Decision.--
13(1)   No later than seven calendar days after the
14    conclusion of a hearing under this section, the board shall
15    render a decision on the appeal based on evidence given at
16    the hearing.
17(2)   The decision of the board shall be final and binding
18    on all parties unless appealed to Commonwealth Court in
19    accordance with section 8348 (relating to appeal to
20    Commonwealth Court).
21(3)   Upon rendering a decision on an appeal, the board
22    shall forward a copy of the decision to the parties and to
23    the agency.
24 § 8348.    Appeal to Commonwealth Court.
25    No later than 20 days after the service of a copy of the
26 decision of the board, a party aggrieved by the decision may
27 appeal the decision to Commonwealth Court.
28 § 8349.    Notification of law.
29    With respect to the information specified under section
30 8343(c)(4)(iii)(C) (relating to Manufactured Home Ombudsman),
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1 each community owner or community operator shall:
2(1)   Within 30 days of receiving the information from the
3    ombudsman, provide a copy of the information to each resident
4    of the community.
5(2)   Provide the information to each prospective lessee
6    at least 48 hours before the lessee signs a lease for space
7    in the community.
8(3)   Maintain a copy of the information at a convenient
9    location within the community for review by residents of the
10    community.
11 § 8350.    Restricted account.
12    (a)     Establishment.--The Manufactured Home Restricted Account
13 is established in the State Treasury as a restricted account,
14 into which shall be deposited all annual community registration
15 fees collected by the department, appropriations by the General
16 Assembly to the office and board and filing fees collected in
17 accordance with this subchapter.
18    (b)     Operations.--The money in the Manufactured Home
19 Restricted Account is appropriated on a continuing basis for the
20 operations of the office and board.
21 § 8351.    Construction of subchapter.
22    Nothing in this subchapter shall be construed to contradict
23 or interfere with the rights established under the act of
24 December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
25 Practices and Consumer Protection Law.
26    Section 2.     The forms for disclosures and notices specified
27 in 68 Pa.C.S. §§ 8313(c), 8316(d) and 8324(b) shall apply to
28 actions that occur on or after the effective date of this
29 section.
30    Section 3.     Repeals are as follows:
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1(1)     The General Assembly declares that the repeal under
2    paragraph (2) is necessary to effectuate the addition of 68
3    Pa.C.S. Ch. 83 Subchs. A and B.
4(2)     The act of November 24, 1976 (P.L.1176, No.261),
5    known as the Manufactured Home Community Rights Act, is
6    repealed.
7    Section 4.    The addition of 68 Pa.C.S. Ch. 83 Subchs. A and B
8 is a continuation of the act of November 24, 1976 (P.L.1176,
9 No.261), known as the Manufactured Home Community Rights Act.
10 The following apply:
11(1)     Except as otherwise provided in 68 Pa.C.S. Ch. 83
12    Subchs. A and B, all activities initiated under the
13    Manufactured Home Community Rights Act shall continue and
14    remain in full force and effect and may be completed under 68
15    Pa.C.S. Ch. 83 Subchs. A and B. Orders, regulations, rules
16    and decisions which were made under the Manufactured Home
17    Community Rights Act and which are in effect on the effective
18    date of section 3 of this act shall remain in full force and
19    effect until revoked, vacated or modified under 68 Pa.C.S.
20    Ch. 83 Subchs. A and B. Contracts, obligations and collective
21    bargaining agreements entered into under the Manufactured
22    Home Community Rights Act are not affected nor impaired by
23    the repeal of the Manufactured Home Community Rights Act.
24(2)     Except as specified in paragraph (3), any difference
25    in language between 68 Pa.C.S. Ch. 83 Subchs. A and B and the
26    Manufactured Home Community Rights Act is intended only to
27    conform to the style of the Pennsylvania Consolidated
28    Statutes and is not intended to change or affect the
29    legislative intent, judicial construction or administration
30    and implementation of the Manufactured Home Community Rights
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1   Act.
2(3)   Paragraph (2) does not apply to the addition of the
3   definition of "manufactured home" in 68 Pa.C.S. § 8302.
4   Section 5.     This act shall take effect in 60 days.
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