Substitute House Bill No. 5905

Public Act No. 99-201

An Act Concerning the Discontinuance of Use or Sale of Mobile Manufactured Home Parks.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (f) of section 21-70 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) (1) Any person making an application to appear before any municipal, state or federal agency with respect to any matter changing the land use of a specific mobile manufactured home park shall give written notice of the application by first class mail addressed to the affected units of the park or by personal delivery to the units [within] not later than seven days after its filing. The notice shall state the reasons for which the application was filed.

(2) [Any] Except as otherwise provided in subsection (5) of this subsection, any mobile manufactured home park owner who intends to discontinue the use of the land as a mobile manufactured home park or to sell land used as a mobile manufactured home park to any person who intends to discontinue its use as a mobile manufactured home park shall give written notice by first class mail addressed to each mobile manufactured home unit or by personal delivery to each unit upon such land if such transaction will entail the discontinuance of the use of the land for mobile manufactured home park purposes. If an owner of a mobile manufactured home has given the park owner written notice that [he] the owner resides in a place other than [his] the owner's unit, notice shall be sent by first class mail to the address so provided. The notice shall include a statement advising the recipient of the intended discontinuance of use or sale and, except as otherwise provided in subdivision (5) of this subsection, shall be mailed or delivered at least [ninety] one hundred twenty days prior to the discontinuance of the use of the land as a mobile manufactured home park. The notice may run concurrently with the notice required by subdivision (3) of subsection (a) of section 21-80, as amended by this act, or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as amended by this act. A copy of such notice from the park owner shall be sent to any association of residents of the mobile manufactured home park which has made a written request for such notice.

(3) [Within ninety] Except as otherwise provided in subdivision (5) of this subsection, within one hundred twenty days after the notice provided for in subdivision (2) of this subsection has been mailed, any association representing twenty-five per cent or more of the units in the park, including an association formed after the issuance of the notice, may notify the owner of the park that it is interested in purchasing the mobile manufactured home park. A copy of such notice may be filed on the land records of the town in which the mobile manufactured home park is located. If such notice is given, except as otherwise provided in subdivision (5) of this subsection, the association shall have [one hundred eighty] three hundred sixty-five days after the notice required in subdivision (2) of this subsection has been given to purchase the park through negotiation or the method set forth in subdivision (4) of this subsection. Upon the request of the association, the Department of Economic and Community Development shall assist the association in developing financing for the purchase of the park.

(4) If the association and the park owner cannot agree upon a purchase price, the association shall have the right to purchase the property: (A) If the association matches the essential provisions of any existing bona fide offer to purchase the park made by another potential purchaser which offer by such other purchaser the owner is prepared to accept; or (B) if there is no such offer, at a purchase price to be established by an appraiser chosen by the association and the park owner. If the two parties cannot agree upon one appraiser, either party may notify the other, in writing, of such disagreement, and the association shall choose an appraiser, the park owner shall choose an appraiser, and the two appraisers shall choose a third appraiser, which three appraisers shall establish a value of the park. If the park owner refuses to select an appraiser within fifteen days of such notice, the Commissioner of Consumer Protection shall choose an appraiser for the park owner. The costs of all appraisers shall be paid equally by the association and the park owner. [If] Except as otherwise provided in subdivision (5) of this subsection, if, within [one hundred eighty] three hundred sixty-five days from the mailing of the notice required in subdivision (2) of this subsection, no agreement for such sale signed by the association and the park owner has been filed upon the land records, or if the association has not filed a certified statement to purchase the park at the appraised value which value shall also be certified on the land records by the appraiser or appraisers, the right provided in this subsection to purchase the park shall be void and any recorded notice filed pursuant to subdivision (3) of this subsection shall be void.

(5) In any case in which a mobile manufactured home park with two hundred or more units in which a majority of residents have been given written notice, prior to June 10, 1999, of the intended discontinuance of the use of the land as a mobile manufactured home park, regardless if one or more of such notices or the service of such notices is subsequently deemed invalid or ineffective, (A) any subsequent notice of such intended discontinuance that is given or required to be given after the effective date of this act by the owner pursuant to this subsection, and (B) any notice given or action taken pursuant to this subsection after the effective date of this act by any association representing twenty-five per cent or more of the units in the park shall be subject to the time limitations contained in this subsection that were in effect immediately prior to the effective date of this act.

Sec. 2. Section 21-70a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A mobile manufactured home park resident who owns [his] a mobile manufactured home and is required to remove the home from the park because of a change in use of the land on which said mobile manufactured home is located shall be entitled to receive from the mobile manufactured home park owner (1) relocation expenses to a mobile manufactured home park satisfactory to the resident within [twenty] one hundred miles of the existing park site up to a maximum of [four] (A) seven thousand dollars if the notice given pursuant to subdivision (3) of subsection (a) of section 21-80, as amended by this act, or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as amended by this act, expires before October 1, 2000, regardless if such notice was given before or after the effective date of this act, or (B) subject to the provisions of subsection (b) of this section, ten thousand dollars if the notice given pursuant to subdivision (3) of subsection (a) of section 21-80, as amended by this act, or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as amended by this act, expires on or after October 1, 2000, regardless if such notice was given before or after the effective date of this act, or (2) in the event a satisfactory site is not available onto which the mobile manufactured home may be relocated, the sum of [four] (A) seven thousand dollars if the notice given pursuant to subdivision (3) of subsection (a) of section 21-80, as amended by this act, or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as amended by this act, expires before October 1, 2000, regardless if such notice was given before or after the effective date of this act, or (B) subject to the provisions of subsection (b) of this section, ten thousand dollars if the notice given pursuant to subdivision (3) of subsection (a) of section 21-80, as amended by this act, or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as amended by this act, expires on or after October 1, 2000, regardless if such notice was given before or after the effective date of this act.

(b) Notwithstanding the provisions of subsection (a) of this section, in any case in which a mobile manufactured home park containing two hundred or more units in which a majority of residents have been given written notice, prior to the effective date of this act, pursuant to subdivision (3) of subsection (a) of section 21-80 or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, regardless if one or more of such notices or the service of such notices is subsequently deemed invalid or ineffective, the amount of the relocation or compensatory payments required to be paid to such resident under the provisions of section 21-70a, as amended by this act, shall not exceed seven thousand dollars, regardless if a subsequent valid notice or notices are properly served subsequent to the effective date of this act and such subsequent notice or notices expire on or after October 1, 2000.

[(b)] (c) The owner of a mobile manufactured home park, who intends to close the park, shall notify, in writing, the Commissioner of Consumer Protection, the Commissioner of Economic and Community Development and the chief elected official in the town in which the park is located at least ninety days prior to refusing to renew any leases because of the impending closing, or on any earlier date the owner gives any notice of the closing of the park as may be required by the general statutes.

Sec. 3. Subsection (a) of section 21-80 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) An action for summary process may be maintained by the owner of a mobile manufactured home park against a mobile manufactured home resident who rents [his] a mobile manufactured home from such owner for the following reasons, which shall be in addition to other reasons allowed under chapter 832 and, except as otherwise specified, proceedings under this subsection shall be as prescribed in chapter 832 and sections 47a-15, 47a-20 and 47a-20a:

(1) A conviction of the resident of a violation of a federal or state law or local ordinance which the court finds to be detrimental to the health, safety and welfare of other residents in the park but no notice to quit possession shall be required;

(2) The continued violation of any reasonable rule established by the owner, provided a copy of such rule has been delivered by the owner to the resident prior to entering into a rental agreement and a copy of such rule has been posted in a conspicuous place in the park and, provided further the resident receives written notice of the specific rule or rules being violated at least thirty days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the space or lot; or

(3) A change in use of the land on which such mobile manufactured home is located, provided all the residents affected are given written notice (A) at least three hundred sixty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given before the effective date of this act, or (B) at least five hundred forty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given on or after the effective date of this act regardless if any other notice under this section or section 21-70 has been given before the effective date of this act; provided nothing in this act shall be construed to invalidate the effectiveness of or require the reissuance of any valid notice given before the effective date of this act.

Sec. 4. Subdivision (1) of subsection (b) of section 21-80 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1) Notwithstanding the provisions of section 47a-23, an owner may terminate a rental agreement or maintain a summary process action against a resident who owns [his] a mobile manufactured home only for one or more of the following reasons:

(A) Nonpayment of rent, utility charges or reasonable incidental services charges;

(B) Material noncompliance by the resident with any statute or regulation materially affecting the health and safety of other residents or materially affecting the physical condition of the park;

(C) Material noncompliance by the resident with the rental agreement or with rules or regulations adopted under section 21-70;

(D) Failure by the resident to agree to a proposed rent increase, provided the owner has complied with all provisions of subdivision (5) of this subsection; or

(E) A change in the use of the land on which such mobile manufactured home is located, provided all of the affected residents receive written notice (i) at least three hundred sixty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given before the effective date of this act, or (ii) at least five hundred forty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given on or after the effective date of this act regardless if any other notice under this section or section 21-70 has been given before the effective date of this act; provided nothing in this act shall be construed to invalidate the effectiveness of or require the reissuance of any valid notice given before the effective date of this act.

Sec. 5. (NEW) Nothing in this act shall be construed to invalidate an otherwise effective notice or to validate an otherwise ineffective notice given or served pursuant to section 21-70 or 21-80 of the general statutes prior to the effective date of this act.

Sec. 6. This act shall take effect from its passage.

Approved June 23, 1999

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