Minnesota Statutes 2003, Chapter 327C.
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.
==327C.01
327C.01 Definitions.
Subdivision 1. Terms. When used in sections 327C.01
to 327C.15 and 363A.38, the terms defined in this section have
the meanings given them.
Subd. 1a. Closure statement. "Closure statement"
means a statement prepared by the park owner clearly stating
that the park is closing, addressing the availability, location,
and potential costs of adequate replacement housing within a 25
mile radius of the park that is closing and the probable
relocation costs of the manufactured homes located in the park.
Subd. 1b. Displaced resident. "Displaced resident"
means a resident of an owner-occupied manufactured home who
rents a lot in a manufactured home park, including the members
of the resident's household, as of the date the park owner
submits a closure statement to the local planning agency.
Subd. 1c. Resident copy; shelter plan attached.
Beginning with rental agreements signed on August 1, 1994, or
after, the park owner shall give a copy of the signed rental
agreement to each resident with a copy of the evacuation or
shelter plan attached. In addition, for existing leases, by
August 15, 1994, the park owner shall provide each resident with
a copy of the park evacuation or shelter plan.
Subd. 2. In park sale. "In park sale" means the sale
of a manufactured home owned by a park resident and located in a
manufactured home park, after which sale the home remains in the
park.
Subd. 3. Lot. "Lot" means an area within a
manufactured home park, designed or used for the accommodation
of a manufactured home.
Subd. 4. Manufactured home. "Manufactured home" and
"home" have the meaning specified in section 327B.01,
subdivision 13.
Subd. 5. Manufactured home park. "Manufactured home
park" and "park" have the meaning specified in section 327.14,
subdivision 3, but do not include facilities which are open only
during three or fewer seasons of the year.
Subd. 6. Park owner. "Park owner" means the owner of
a manufactured home park and any person acting on behalf of the
owner in the operation or management of a park.
Subd. 7. Person. "Person" means any individual,
corporation, firm, partnership, incorporated and unincorporated
association, or any other legal or commercial entity.
Subd. 7a. Planning agency. "Planning agency" means
the planning commission or the planning department of a
municipality as defined in section 462.352, the planning and
zoning commission of a town as defined in section 366.17, or the
planning commission of a county, as defined in section 394.30,
or if the municipality does not have a planning agency, the
governing body of the municipality.
Subd. 8. Reasonable rule. "Reasonable rule" means a
park rule:
(a) which is designed to promote the convenience, safety,
or welfare of the residents, promote the good appearance and
facilitate the efficient operation of the park, protect and
preserve the park premises, or make a fair distribution of
services and facilities;
(b) which is reasonably related to the purpose for which it
is adopted;
(c) which is not retaliatory or unjustifiably
discriminatory in nature; and
(d) which is sufficiently explicit in prohibition,
direction, or limitation of conduct to fairly inform the
resident of what to do or not to do to comply.
Subd. 9. Resident. "Resident" means an owner of a
manufactured home who rents a lot in a manufactured home park
and includes the members of the resident's household.
Subd. 9a. Resident association. "Resident
association" means an organization that has the written
permission of the owners of at least 51 percent of the
manufactured homes in the park to represent them, and which is
organized for the purpose of resolving matters relating to
living conditions in the manufactured home park.
Subd. 10. Rule. "Rule" means any rental agreement
provision, regulation, rule or policy through which a park owner
controls, affects or seeks to control or affect the behavior of
residents.
Subd. 11. Substantial modification. "Substantial
modification" means any change in a rule which: (a)
significantly diminishes or eliminates any material obligation
of the park owner; (b) significantly diminishes or eliminates
any material right, privilege or freedom of action of a
resident; or (c) involves a significant new expense for a
resident.
Subd. 12. Utility service. "Utility service" means
any electric, fuel oil, natural or propane gas, sewer, waste
disposal and water service by whatever means furnished.
HIST: 1982 c 526 art 2 s 1; 1986 c 444; 1987 c 179 s 1-3; 1992
c 511 art 2 s 32; 1994 c 592 s 3
==327C.02
327C.02 Rental agreements.
Subdivision 1. Contents; writing required. Every
agreement to rent a lot must be a written agreement signed by
the park owner and the resident. A copy of the rental agreement
shall be given to the applicant for the purpose of reviewing the
agreement prior to signing it. The agreement must specify the
terms and conditions in connection with the rental of the lot
and must include:
(a) the location of the lot and its address or site number;
(b) the amount of rent per month and a statement of all
personal property, services and facilities which the park owner
agrees to provide to the resident;
(c) the rights, duties and obligations of the parties, and
all rules applicable to the resident;
(d) the amount of any security deposit or other financial
obligation imposed on the resident by the park owner; and
(e) the name of any person holding a security interest in
the resident's home.
Subd. 2. Modification of rules. The park owner must
give the resident at least 60 days' notice in writing of any
rule change. A rule adopted or amended after the resident
initially enters into a rental agreement may be enforced against
that resident only if the new or amended rule is reasonable and
is not a substantial modification of the original agreement.
Any security deposit increase is a substantial modification of
the rental agreement. A reasonable rent increase made in
compliance with section 327C.06 is not a substantial
modification of the rental agreement and is not considered to be
a rule for purposes of section 327C.01, subdivision 8. A rule
change necessitated by government action is not a substantial
modification of the rental agreement. A rule change requiring
all residents to maintain their homes, sheds and other
appurtenances in good repair and safe condition shall not be
deemed a substantial modification of a rental agreement. If a
part of a resident's home, shed or other appurtenance becomes so
dilapidated that repair is impractical and total replacement is
necessary, the park owner may require the resident to make the
replacement in conformity with a generally applicable rule
adopted after the resident initially entered into a rental
agreement with the park owner.
In any action in which a rule change is alleged to be a
substantial modification of the rental agreement, a court may
consider the following factors in limitation of the criteria set
forth in section 327C.01, subdivision 11:
(a) any significant changes in circumstances which have
occurred since the original rule was adopted and which
necessitate the rule change; and
(b) any compensating benefits which the rule change will
produce for the residents.
Subd. 2a. Action to recover possession of land.
Notwithstanding section 504B.345, in an action to recover
possession of land for violation of a new or amended rule, if
the court finds that the rule is reasonable or is not a
substantial modification, the court shall issue an order in
favor of the plaintiff for costs. The court shall order the
defendant to comply with the rule within ten days. If the
resident fails to comply with the rule at any time after the
time period provided by the court, the park owner may, upon a
showing to the court that three days' written notice was given
to the resident, move the court for writ of restitution to
recover possession of the lot.
Subd. 3. Service of notices. A park owner may give
notice as required by this section or sections 327C.03 and
327C.09: (a) personally, (b) by mailing the notice to the last
known mailing address of the resident, or (c) by delivering the
notice to the home of the resident. Notice by certified mail is
effective even if the resident refuses to accept delivery.
Service by delivery to the resident's home is effective if the
notice is left at the home with someone of suitable age and
discretion or is placed in a secure and conspicuous location at
the home.
Subd. 4. Waiver void. Any attempt to waive or
circumscribe any privilege or right guaranteed by law to a
resident or a park owner is void.
Subd. 5. Written notice required. A prospective
resident, before being asked to sign a rental agreement, must be
given the following notice printed verbatim in boldface type of
a minimum size of ten points. The notice must be provided with
the park residency application. The notice and the safety
feature disclosure form required under section 327C.07,
subdivision 3a, must be posted in a conspicuous and public
location in the park:
"IMPORTANT NOTICE
State law provides special rules for the owners, residents,
and prospective residents of manufactured home parks.
You may keep your home in the park as long as the park is
in operation and you meet your financial obligations, obey state
and local laws which apply to the park, obey reasonable park
rules, do not substantially annoy or endanger the other
residents or substantially endanger park personnel and do not
substantially damage the park premises. You may not be evicted
or have your rent increased or your services cut for complaining
to the park owner or to a governmental official.
If you receive an eviction notice and do not leave the
park, the park owner may take you to court. If you lose in
court, a sheriff may remove you and your home from the park
within seven days. Or, the court may require you to leave the
park within seven days but give you 60 days to sell the home
within the park.
If you receive an eviction notice for a new or amended rule
and the court finds the rule to be reasonable and not a
substantial modification of your original agreement, the court
will not order you to leave but will order you to comply with
the rule within ten days. If you do not comply within the time
given or if you violate the rule at a later time, you will be
subject to eviction.
All park rules and policies must be reasonable. Your rent
may not be increased more than twice a year. Changes made in
park rules after you become a park resident will not apply to
you if they substantially change your original agreement.
The park may not charge you an entrance fee.
The park may require a security deposit, but the deposit
must not amount to more than two months rent.
You have a right to sell the home in the park. But the
sale is not final until the park owner approves the buyer as a
new resident, and you must advise in writing anyone who wants to
buy your home that the sale is subject to final approval by the
park owner.
The park must provide to you, in writing, the procedures
and criteria used to evaluate a prospective resident. If your
application is denied, you can request, in writing, the reason
why.
You must also disclose in writing certain safety
information about your home to anyone who wants to buy it in the
park. You must give this information to the buyer before the
sale, in writing, on the form that is attached to this notice.
You must completely and accurately fill out the form and you and
the buyer should each keep a copy.
Your rental agreement and the park rules contain important
information about your rights and duties. Read them carefully
and keep a copy.
You must be given a copy of the shelter or evacuation plan
for the park. This document contains information on where to
seek shelter in times of severe weather conditions. You should
carefully review the plan and keep a copy.
By February 1 of each year, the park must give you a
certificate of rent constituting property taxes as required by
Minnesota Statutes, section 290A.19.
For further information concerning your rights, consult a
private attorney. The state law governing the rental of lots in
manufactured home parks may also be enforced by the Minnesota
Attorney General."
In addition, the safety feature disclosure form required
under section 327C.07, subdivision 3a, must be attached to the
notice.
HIST: 1982 c 526 art 2 s 2; 1983 c 206 s 1; 1984 c 406 s 1;
1984 c 655 art 1 s 58; 1986 c 444; 1987 c 179 s 4,5; 1989 c 282
art 2 s 184; 1994 c 592 s 4; 1997 c 61 s 1; 1999 c 199 art 2 s
10
==327C.03
327C.03 Fees.
Subdivision 1. Special fees prohibited. Except as
provided in this section and section 327C.04, no fee other than
the periodic rental payment shall be charged to a park resident
or prospective resident or any agent of a resident or
prospective resident for the right to obtain or retain a lot.
Subd. 2. Installation and removal charges. A park
owner may contract with a resident to install the resident's
home on a lot or to remove the resident's home from the park.
The contract must be in writing and the park owner may charge
for the service. A park owner may not require a resident to use
the park owner's service to install or remove a home unless the
owner provides the service without charge.
Subd. 3. Rent. All periodic rental payments charged
to residents by the park owner shall be uniform throughout the
park, except that a higher rent may be charged to a particular
resident due to the larger size or location of the lot, or the
special services or facilities furnished by the park. A park
owner may charge a reasonable fee for delinquent rent where the
fee is provided for in the rental agreement. The fee shall be
enforceable as part of the rent owed by the resident. No park
owner shall charge to a resident any fee, whether as part of or
in addition to the periodic rental payment, which is based on
the number of persons residing or staying in the resident's
home, the number or age of children residing or staying in the
home, the number of guests staying in the home, the size of the
home, the fact that the home is temporarily vacant or the type
of personal property used or located in the home. The park
owner may charge an additional fee for pets owned by the
resident, but the fee may not exceed $4 per pet per month. This
subdivision does not prohibit a park owner from abating all or a
portion of the rent of a particular resident with special needs.
Subd. 4. Security deposit. A park owner may require
a resident to deposit with the park owner a fee, not to exceed
the amount of two months' rent, to secure the resident's
performance of the rental agreement and to protect the park
owner against damage by the resident to park property, including
any damage done by the resident in the installation or removal
of the resident's home. The provisions of section 504B.178
shall apply to any security deposit required by a park owner
under this subdivision.
Subd. 5. Maintenance charges. If park rules or state
or local law provide for lot maintenance or impose conditions on
the use of common areas and a resident fails to do the required
maintenance or meet the conditions, the park owner may do the
maintenance or satisfy the conditions and charge the resident
the reasonable cost, plus a fee of up to $10, if:
(a) before doing the work the park owner gives the resident
a written notice specifying the work that has to be done,
stating which rule or law requires the work to be done, advising
the tenant that if the work is not done promptly the park will
do the work and bill the resident, and stating a reasonable
deadline by which the resident must do the work;
(b) after receiving the notice, the resident fails to do
the work by the stated deadline; and
(c) after the work is done by the park owner, the park
owner serves the resident with a written notice of the charge.
If a resident's failure to do required maintenance or meet
a condition imposed on the use of common areas causes an
immediate danger to park facilities or to the health or safety
of other residents, the park owner may give the resident a
written notice requiring immediate compliance. If immediate
compliance is essential and delivery of a notice is impractical
or useless, the park owner may do the work without giving notice
and may charge the tenant the reasonable cost. A notice given
pursuant to this subdivision neither precludes nor suffices as
the notice required by section 327C.09, subdivisions 3 to 7.
Charges made pursuant to this subdivision shall be
enforceable as part of the rent owed by the resident. The
notice required by clause (c) shall specify the work performed,
the date of its performance, the total cost of performing the
work, the method used in computing the cost and a deadline for
payment by the resident. The deadline shall not be less than 30
days after the service of the notice.
HIST: 1982 c 526 art 2 s 3; 1986 c 444; 1999 c 199 art 2 s 11
==327C.04
327C.04 Utility charges.
Subdivision 1. Billing permitted. A park owner who
provides utility service to residents may charge the residents
for that service, only if the charges comply with this section.
Subd. 2. Metering required. A park owner who charges
residents for a utility service must charge each household the
same amount, unless the park owner has installed measuring
devices which accurately meter each household's use of the
utility.
Subd. 3. Permissible rates. Except as provided in
subdivision 4, no park owner shall, directly or indirectly,
charge or otherwise receive payment from a resident for a
utility service, or require a resident to purchase a utility
service from the park owner or any other person, at a rate which
is greater than either of the following:
(a) a rate which the resident could pay directly for the
same utility service from some other comparable source in the
same market area; or
(b) a rate which is charged to single family dwellings with
comparable service within the same market area.
Subd. 4. Electricity. If a park owner provides
electricity to residents by reselling electricity purchased from
a public or municipal utility or electrical cooperative, and
compliance with subdivision 3 would cause the park owner to lose
money on the sale of electricity, the park owner may bill
residents at a rate calculated to allow the park owner to avoid
losing money on the sale of electricity. In calculating the
cost of providing electricity, the park owner may consider only
the actual amount billed by the public utility or electrical
cooperative to the park owner for electricity furnished to
residents. The park owner may not consider administrative,
capital or other expenses.
HIST: 1982 c 526 art 2 s 4
==327C.05
327C.05 Rules.
Subdivision 1. Unreasonable rules prohibited. No
park owner shall adopt or enforce unreasonable rules. No park
owner may engage in a course of conduct which is unreasonable in
light of the criteria set forth in section 327C.01, subdivision
8.
Subd. 2. Presumptively unreasonable rules. In any
action in which the reasonableness of a rule is challenged, any
rule which violates any provision of Laws 1982, chapter 526,
article 2 or of any other law shall be deemed unreasonable, and
the following rules shall be presumed unreasonable unless the
park owner proves their reasonableness by clear and convincing
evidence:
(a) any rule which prohibits the placing of a "for sale"
sign on a resident's home by the resident;
(b) any rule which requires a resident or prospective
resident to purchase any particular goods or services from a
particular vendor or vendors, including the park owner;
(c) any rule which requires a resident to use the services
of a particular dealer or broker in an in park sale; and
(d) any rule requiring that more than one occupant of a
home have an ownership interest in that home.
Subd. 3. Other unreasonable rules. In addition to
the rules listed in subdivision 2, a court may declare
unreasonable any park rule if the court finds that the rule
fails to meet the standard of section 327C.01, subdivision 8.
The absence of a rule from the list contained in subdivision 2
is not evidence or proof of the rule's reasonableness.
Subd. 4. Density restrictions. Subject to section
327C.02, subdivision 2, a park owner may adopt and enforce a
reasonable rule that places limits on the maximum number of
persons permitted to reside in a manufactured home if the
limitation is reasonably related to the size of the home and the
number of rooms it contains.
HIST: 1982 c 526 art 2 s 5; 1986 c 444
==327C.06
327C.06 Rent increases.
Subdivision 1. Notice of rent increases required. No
increase in the amount of the periodic rental payment due from a
resident shall be valid unless the park owner gives the resident
60 days' written notice of the increase.
Subd. 2. Prohibition. No rent increase shall be
valid if its purpose is to pay, in whole or in part, any civil
or criminal penalty imposed on the park owner by a court or a
government agency.
Subd. 3. Rent increases limited. A park owner may
impose only two rent increases on a resident in any 12-month
period.
HIST: 1982 c 526 art 2 s 6
==327C.07
327C.07 In park sales.
Subdivision 1. Resident's rights. Except as
otherwise provided in this section, a resident has the right to
sell a home through an in park sale. The park owner may not
charge a fee for allowing the resident to exercise this right,
except to charge a fee of up to $25 for processing a prospective
buyer's tenancy application. If the park owner is licensed as a
dealer, the park owner may agree in writing to broker the in
park sale of a resident's home. The park owner may not require
a resident to use the park owner's services as a broker. The
park owner may not give preferential treatment to applications
for tenancy from people seeking to buy homes whose in park sale
is being brokered by the park owner.
Subd. 2. Park owner's rights. Any in park sale is
subject to the park owner's approval of the buyer as a
resident. A park owner may not deny a prospective buyer
approval as a resident unless:
(a) the park owner has specified in writing the procedures
and criteria used to evaluate the creditworthiness and
suitability as a resident of individuals seeking to buy homes
offered for in park sale;
(b) the written disclosure required by clause (a) is
included with the rental application and is available at no
charge to residents, prospective buyers, and their agents;
(c) the park owner is available to the prospective buyer at
reasonable times if the park owner requires the prospective
buyer to apply or be interviewed in person;
(d) all the specified procedures and criteria are
reasonable and applied uniformly;
(e) in evaluating a prospective buyer, the park owner does
not use any stricter standards than it uses for evaluating other
prospective residents;
(f) the park owner does not deny tenancy to a prospective
buyer for any reason prohibited by federal, state or local law;
(g) within 14 days of receiving a completed application
form, the park owner makes a decision or gives the prospective
buyer and the seller a written explanation of the specific
reasons for the delay and makes a decision as soon as
practicable;
(h) if the park owner denies tenancy to a prospective
buyer, the park owner gives the prospective buyer a written
explanation of the denial within three days of receiving a
written request for an explanation; and
(i) the decision to deny tenancy is reasonable in light of
the criteria set forth in section 327C.01, subdivision 8.
Subd. 3. Application information. When the
prospective buyer of an in park sale seeks approval as a
resident, the park owner may require the prospective buyer to
submit information reasonably necessary to determine whether the
prospective buyer satisfies the park's criteria as stated by the
park in its rules. The required information may include the
purchase price of the home and the amount of monthly payments on
the home, together with any documents reasonably necessary to
verify the information. The park owner may inquire into the
creditworthiness of the prospective buyer but may not require
the submission of any information concerning the business
relationship between the seller and a dealer acting for the
seller.
Subd. 3a. Safety feature disclosure form. A resident
or a resident's agent shall disclose information about safety
features of the home to the prospective buyer. The information
must be given to the buyer before the sale, in writing, in the
following form:
This form is required by law to be filled out and given to
the prospective buyer of any used manufactured home by all
private parties, dealers, and brokers.
This home has at least one egress window in each bedroom,
or a window in each bedroom that meets the specifications of the
American National Standard Institute 1972 Standard A119.1
covering manufactured homes made in Minnesota. This standard
requires that the window be at least 22 inches in least
dimension, and at least five square feet in area, and that the
window be not more than four feet off the floor. Egress windows
installed in compliance with the United States Department of
Housing and Urban Development Manufactured Home Standards or the
State Building Code are deemed to meet the requirements of this
section.
Yes ..... No .....
This home has ...... (number) of exits. They are located
................................... .
This home is equipped with fire extinguishers as required
by the Minnesota state Health Department.
Yes ..... No .....
They are located ......................................
.......................................................
This home is equipped with at least one listed automatic
smoke detector outside each sleeping area as required in homes
built in accordance with the State Building Code.
Yes ..... No .....
This home has aluminum electrical wiring.
Yes ..... No .....
Aluminum electrical wiring can present a fire hazard in
homes. The special hazards presented by aluminum electrical
wiring can be eliminated by certain repairs, as recommended by
the United States Consumer Product Safety Commission.
A. The wiring connections to the outlets in this home have
been crimped, and the connection point is now copper.
Yes ..... No .....
B. This home has electrical outlets and switches
compatible with aluminum electrical wiring.
Yes ..... No .....
C. Other action has been taken to eliminate or reduce the
danger caused by aluminum electrical wiring in this home.
(Describe)
..........................................................
.......................................................... (The
buyer may check the effectiveness of these methods by contacting
the United States Consumer Product Safety Commission.)
The furnace compartment in this home is lined with gypsum
board, as specified in the 1976 United States Department of
Housing and Urban Development codes governing manufactured
housing construction.
Yes ..... No .....
The water heater enclosure in this home is lined with
gypsum board, as specified in the 1976 United States Department
of Housing and Urban Development codes governing manufactured
housing construction.
Yes ..... No .....
This home contains a solid fuel burning stove. This stove
was installed by the manufacturer of the home after June 15,
1976, and was inspected for compliance with the United States
Department of Housing and Urban Development Manufactured Home
Standards.
Yes ..... No .....
This home contains a solid fuel burning stove. This stove
unit is approved for installation in manufactured homes. It was
installed by ......................... in accordance with the
manufacturer's guidelines. A building permit for this stove was
issued by the city of ...................., and this stove
installation has been approved by the building official.
Yes ..... No .....
This home contains a solid fuel burning fireplace. The
fireplace was installed by the manufacturer of the home after
June 15, 1976, and was inspected for compliance with the United
States Department of Housing and Urban Development Manufactured
Home Standards.
Yes ..... No .....
This home contains a solid fuel burning fireplace. This
fireplace unit is approved for installation in manufactured
homes. It was installed by ......................... in
accordance with the manufacturer's guidelines. A building
permit for this fireplace was issued by the city of
...................., and this fireplace installation has been
approved by the building official.
Yes ..... No .....
This home is supported by a support system, as required by
state code since September 1, 1974.
Yes ..... No .....
It is also recommended that the buyer check the home's heat
tape. Old and worn heat tape, and improper installation of heat
tape, can cause a fire hazard.
It is recommended that the buyer have a qualified utility
representative check the furnace and water heater to see that
they are both in good working order. If this home was converted
from oil to natural gas heat, there could be safety problems if
the conversion was not done correctly. A utility representative
or building official can inspect the condition and installation
of this equipment. They may charge a reasonable fee to do so.
It is also recommended that the buyer check the floor area
around the water heater and furnace compartments. A weakened
floor can create a fire hazard.
It is also recommended that the buyer have a utility
approved energy audit of the home.
If you purchase the home, you will be required to install
egress windows within one year and smoke detectors and fire
extinguishers within 30 days. You will be required to comply
with all of the safety features contained in this form within
three years.
I, .........................., the undersigned, hereby
declare that the above information is true and correct to the
best of my knowledge.
..........................
Signature
..........................
Date
A park owner shall provide a resident or a resident's agent
with a copy of the safety feature disclosure form upon request.
Subd. 4. Inspections of the home. Before approving
an in park sale, the park owner may inspect the resident's lot
and the exterior of the resident's manufactured home to see
whether they comply with reasonable and preexisting rules
applicable to the resident and relating to maintenance. The
park owner may not charge any fee for this inspection. As a
condition to approving an in park sale, the park owner may
require that the resident or the prospective buyer take whatever
action is necessary to bring the lot or the home exterior into
compliance with preexisting maintenance rules applicable to the
resident, and may require that any lot rent and other charges
due to the park be paid. The park owner may require the
prospective buyer to agree to rules different from those
applicable to the resident, but the park owner may not require
the prospective buyer or the resident to comply with any rule
adopted or amended after the resident entered into the rental
agreement which would:
(a) significantly increase the difficulty or time involved
in selling the resident's home;
(b) significantly decrease the price at which the
resident's home can be sold; or
(c) involve any other significant cost for either the
resident or the buyer, except for costs involved in doing any
work necessary to bring the home or lot into compliance with
preexisting maintenance rules applicable to the resident.
Provided that if a part of the resident's home, shed, or
other appurtenance has become so dilapidated that repair is
impractical and total replacement is necessary, the park owner
may require the resident or prospective buyer to make the
replacement in conformity with a generally applicable rule
adopted after the resident initially entered into a rental
agreement with the park owner.
Subd. 5. Temporary vacancy of home. If a home is
being offered for in park sale, the home may remain vacant for
90 days, or longer if not prohibited by park rules. The park
owner may not impose any additional fees or requirements on the
owner of a vacant home being offered for in park sale, but the
rent must be paid on time and the home and the lot must be
maintained as required by the rules.
Subd. 6. Sales contingent. Any contract for an in
park sale which is not expressly made contingent on the park
owner's approval of the buyer as a resident is voidable at the
instance of the buyer if the park owner's approval is denied.
Any person who sells, or signs a contract purporting to sell, a
home located in a park while representing, either directly or
indirectly, that the buyer can maintain the home in the park,
and who does not inform the buyer in writing that the sale is
contingent on the park owner's approval of the buyer as a
resident has violated section 325F.69, subdivision 1.
Subd. 7. Repossessing finance parties. Any holder of
a security interest who repossesses a manufactured home located
in a park has the same rights as a resident to sell the home
through an in park sale if:
(a) as soon as the secured party either accepts voluntary
repossession or takes any action pursuant to sections 327.61 to
327.67, the secured party notifies the park owner that the home
has been or is being repossessed;
(b) at the time the park owner receives the notice, the
park owner has not already recovered possession of the lot
through an eviction proceeding;
(c) the secured party pays any past due lot rent not to
exceed three months rent;
(d) the secured party makes monthly lot rent payments until
a buyer of the repossessed home has been approved by the park
owner as a resident. A secured party's liability for past due
rent under this subdivision does not include late fees or other
charges; and
(e) the secured party complies with all park rules relating
to lot and home maintenance.
A secured party who is offering a home for in park sale
under this subdivision is subject to eviction on the same
grounds as a resident.
Subd. 8. Compliance with home safety features.
Within 12 months following the in park sale of a home for which
a home safety feature disclosure form has been provided under
subdivision 3a, the buyer shall install egress windows meeting
the specifications of the American National Standard Institute
1972 Standard A119.1 covering manufactured homes made in
Minnesota. Within 30 days following the in park sale of a home
for which a home safety feature disclosure form has been
provided under subdivision 3a, the buyer shall install fire
extinguishers and smoke detectors as required by the Minnesota
state Health Department and State Building Code.
In addition to the previous requirements, within three
years following the sale or upon the resale of the home the
buyer shall install the following home safety features:
(a) Necessary aluminum electrical wiring repairs conforming
with the recommendations of the Consumer Product Safety
Commission;
(b) Gypsum board lining or similar fire-resistant material
for furnaces and water heater enclosures conforming with the
Department of Housing and Urban Development Manufactured Home
Standards;
(c) If the home contains a solid fuel burning stove or
fireplace, installation in conformance with Department of
Housing and Urban Development Manufactured Home Standards; and
(d) Support systems as required by the State Building Code.
Following installation of the safety features required
under this subdivision, the home must be inspected by a state
certified building official. The official may charge a
reasonable fee, not to exceed $50, for the inspection. The
homeowner shall give the park owner a certificate of inspection
certifying that the home safety features required under this
subdivision have been installed. This subdivision does not
impose any duty or obligation upon a broker, dealer, lender, or
park owner to monitor completion of any repairs required, nor
does it impose liability on any broker, dealer, lender, or park
owner for any injury or claim of whatever nature, which may
arise as a result of the failure of the buyer of the home to
comply with the home safety features required herein. Failure
to comply with the requirements of this subdivision is a park
rule violation for purposes of section 327C.09.
HIST: 1982 c 526 art 2 s 7; 1983 c 206 s 2-4; 1984 c 406 s
2,3; 1986 c 444; 1Sp1986 c 3 art 1 s 36; 1987 c 384 art 1 s 32;
1997 c 61 s 2; 2003 c 2 art 2 s 4
==327C.08
327C.08 Removal after repossession.
A secured party who repossesses a manufactured home located
in a park and then removes the home from the lot owes the park
owner rent for the period beginning when the secured party
accepts voluntary repossession or takes an action pursuant to
sections 327.61 to 327.67 and ending on the last day of the
calendar month in which the home is removed. The secured party
does not owe the park owner any lot rent or other charges which
accrued prior to the time the secured party accepted voluntary
repossession or took action pursuant to sections 327.61 to
327.67, if:
(a) Within seven days after accepting voluntary
repossession or taking action pursuant to sections 327.61 to
327.67, the secured party notifies the park owner in writing
that the home is being repossessed;
(b) During a proceeding for repossession pursuant to
sections 327.61 to 327.67 or chapter 565, the secured party pays
each month's lot rent as the rent becomes due; and
(c) Within seven days of accepting voluntary repossession
or obtaining a court order for repossession, the secured party
removes the home from the park.
If the secured party fails to meet any of these conditions,
the secured party shall also be liable to the park owner for all
overdue rent, not to exceed three months and not including late
fees or other charges, owed to the park owner on account of the
home.
This section does not affect any liability or obligation
which a secured party may have to a park owner who pursuant to a
writ of restitution has removed a home from a lot and stored the
home.
HIST: 1982 c 526 art 2 s 8
==327C.09
327C.09 Termination.
Subdivision 1. Cause required. A park owner may
recover possession of land upon which a manufactured home is
situated only for a reason specified in this section or section
327C.095.
Subd. 2. Nonpayment of rent or utilities. The park
owner gives ten days' written notice to the resident and to any
party holding a security interest in the resident's home known
to the park owner that a periodic rental or utilities payment
owed to the park owner is overdue, and neither the resident nor
the secured party cures the default within ten days of receiving
the notice.
Subd. 3. Violations of law. The resident fails to
comply with a local ordinance, state law or state rule relating
to manufactured homes within the time the ordinance, state law
or state rule provides or, if no time is provided, within a
reasonable time after the resident has received written notice
of noncompliance.
Subd. 4. Rule violations. The resident fails to
comply with a rule within 30 days after receiving written notice
of the alleged noncompliance, except the 30-day notice
requirement does not apply to nonpayment of rent. To be
effective, the notice must specify the date, approximate time,
and nature of the alleged rule violation. Loud noise created by
residents, guests, or their equipment is a rule violation.
After written notice has been provided for two prior incidents,
loud noise is a violation of subdivision 5.
Subd. 5. Endangerment; substantial annoyance. The
resident acts in the park in a manner which endangers other
residents or park personnel, causes substantial damage to the
park premises or substantially annoys other residents, and has
received 30 days' written notice to vacate, except the park
owner may require the resident to vacate immediately if the
resident violates this subdivision a second or subsequent time
after receipt of the notice. To be effective, the notice must
specify the time, date, and nature of the alleged annoyance,
damage, or endangerment. A park owner seeking to evict pursuant
to this subdivision need not produce evidence of a criminal
conviction, even if the alleged misconduct constitutes a
criminal offense.
Subd. 6. Repeated serious violations. The resident
has repeatedly committed serious violations of the rental
agreement or provisions of a local ordinance or state law or
state rule relating to manufactured homes, and the park owner
has given the resident written notice of the violations and has
given the resident a written warning that any future serious
violation will be treated as cause for eviction as provided in
this subdivision, and within six months of receiving the warning
the resident commits a serious violation of any park rule or any
provision of a local ordinance or state law or state rule
relating to manufactured homes.
Subd. 7. Material misstatement in application. The
resident's application for tenancy contained a material
misstatement which induced the park owner to approve the
applicant as a resident, and the park owner discovers and acts
upon the misstatement within one year of the time the resident
began paying rent.
Subd. 8. Improvements. The park owner has specific
plans to make improvements to the park premises which will
substantially benefit the health and safety of the residents or
have been ordered by a government agency, and which necessitate
removal of the resident's manufactured home from the park. The
park owner must give the resident 90 days' written notice and
include in that notice a statement identifying how the
improvements will substantially benefit the health and safety of
the residents. If another lot is available in the park, the
park owner must allow the resident to relocate the home to that
lot unless the home, because of its size or local ordinance, is
not compatible with that lot.
Subd. 9. Repealed, 1987 c 179 s 12
HIST: 1982 c 526 art 2 s 9; 1987 c 179 s 6-8; 1996 c 311 s 1;
1997 c 61 s 3
==327C.095
327C.095 Park closings.
Subdivision 1. Conversion of use; minimum notice. At
least nine months before the conversion of all or a portion of a
manufactured home park to another use, or before closure of a
manufactured home park or cessation of use of the land as a
manufactured home park, the park owner must prepare a closure
statement and provide a copy to the local planning agency and a
copy to a resident of each manufactured home where the
residential use is being converted. A resident may not be
required to vacate until 60 days after the conclusion of the
public hearing required under subdivision 4. If a lot is
available in another section of the park that will continue to
be operated as a park, the park owner must allow the resident to
relocate the home to that lot unless the home, because of its
size or local ordinance, is not compatible with that lot.
Subd. 2. Notice of hearing; proposed change in land
use. If the planned conversion or cessation of operation
requires a variance or zoning change, the municipality must mail
a notice at least ten days before the hearing to a resident of
each manufactured home in the park stating the time, place, and
purpose of the public hearing. The park owner shall provide the
municipality with a list of the names and addresses of at least
one resident of each manufactured home in the park at the time
application is made for a variance or zoning change.
Subd. 3. Closure statement. Upon receipt of the
closure statement from the park owner, the local planning agency
shall submit the closure statement to the governing body of the
municipality and request the governing body to schedule a public
hearing. The municipality must mail a notice at least ten days
before the hearing to a resident of each manufactured home in
the park stating the time, place, and purpose of the public
hearing. The park owner shall provide the municipality with a
list of the names and addresses of at least one resident of each
manufactured home in the park at the time the closure statement
is submitted to the local planning agency.
Subd. 4. Public hearing; relocation costs. The
governing body of the municipality shall hold a public hearing
to review the closure statement and any impact that the park
closing may have on the displaced residents and the park owner.
Before any change in use or cessation of operation and as a
condition of the change, the governing body may require a
payment by the park owner to be made to the displaced resident
for the reasonable relocation costs. If a resident cannot
relocate the home to another manufactured home park within a 25
mile radius of the park that is being closed, the resident is
entitled to relocation costs based upon an average of relocation
costs awarded to other residents.
The governing body of the municipality may also require
that other parties, including the municipality, involved in the
park closing provide additional compensation to residents to
mitigate the adverse financial impact of the park closing upon
the residents.
Subd. 5. Park conversions. If the planned cessation
of operation is for the purpose of converting the part of the
park occupied by the resident to a common interest community
pursuant to chapter 515B, the provisions of section 515B.4-111,
except subsection (a), shall apply. The nine-month notice
required by this section shall state that the cessation is for
the purpose of conversion and shall set forth the rights
conferred by this subdivision and section 515B.4-111, subsection
(b). Not less than 120 days before the end of the nine months,
the park owner shall serve upon the resident a form of purchase
agreement setting forth the terms of sale contemplated by
section 515B.4-111, subsection (d). Service of that form shall
operate as the notice described by section 515B.4-111,
subsection (a).
Subd. 6. Intent to convert use of park at time of
purchase. Before the execution of an agreement to purchase a
manufactured home park, the purchaser must notify the park
owner, in writing, if the purchaser intends to close the
manufactured home park or convert it to another use within one
year of the execution of the agreement. The park owner shall
provide a resident of each manufactured home with a 45-day
written notice of the purchaser's intent to close the park or
convert it to another use. The notice must state that the park
owner will provide information on the cash price and the terms
and conditions of the purchaser's offer to residents requesting
the information. The notice must be sent by first class mail to
a resident of each manufactured home in the park. The notice
period begins on the postmark date affixed to the notice and
ends 45 days after it begins. During the notice period required
in this subdivision, the owners of at least 51 percent of the
manufactured homes in the park or a nonprofit organization which
has the written permission of the owners of at least 51 percent
of the manufactured homes in the park to represent them in the
acquisition of the park shall have the right to meet the cash
price and execute an agreement to purchase the park for the
purposes of keeping the park as a manufactured housing
community. The park owner must accept the offer if it meets the
cash price and the same terms and conditions set forth in the
purchaser's offer except that the seller is not obligated to
provide owner financing. For purposes of this section, cash
price means the cash price offer or equivalent cash offer as
defined in section 500.245, subdivision 1, paragraph (d).
Subd. 7. Intent to convert use of park after purchase.
If the purchaser of a manufactured home park decides to
convert the park to another use within one year after the
purchase of the park, the purchaser must offer the park for
purchase by the residents of the park. For purposes of this
subdivision, the date of purchase is the date of the transfer of
the title to the purchaser. The purchaser must provide a
resident of each manufactured home with a written notice of the
intent to close the park and all of the owners of at least 51
percent of the manufactured homes in the park or a nonprofit
organization which has the written permission of the owners of
at least 51 percent of the manufactured homes in the park to
represent them in the acquisition of the park shall have 45 days
to execute an agreement for the purchase of the park at a cash
price equal to the original purchase price paid by the purchaser
plus any documented expenses relating to the acquisition and
improvement of the park property, together with any increase in
value due to appreciation of the park. The purchaser must
execute the purchase agreement at the price specified in this
subdivision and pay the cash price within 90 days of the date of
the purchase agreement. The notice must be sent by first class
mail to a resident of each manufactured home in the park. The
notice period begins on the postmark date affixed to the notice
and ends 45 days after it begins.
Subd. 8. Required filing of notice. Subdivisions 6
and 7 apply to manufactured home parks upon which notice has
been filed with the county recorder or registrar of titles in
the county where the manufactured home park is located. Any
person may file the notice required under this subdivision with
the county recorder or registrar of titles. The notice must be
in the following form:
"MANUFACTURED HOME PARK NOTICE
THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK
.......................................
PARK OWNER
.......................................
.......................................
.......................................
LEGAL DESCRIPTION OF PARK
.......................................
COOPERATIVE ASSOCIATION (IF APPLICABLE)"
Subd. 9. Effect of noncompliance. If a manufactured
home park is finally sold or converted to another use in
violation of subdivision 6 or 7, the residents do not have any
continuing right to purchase the park as a result of that sale
or conversion. A violation of subdivision 6 or 7 is subject to
section 8.31, except that relief shall be limited so that
questions of marketability of title shall not be affected.
Subd. 10. Exclusion. Subdivisions 6 and 7 do not
apply to:
(1) a conveyance of an interest in a manufactured home park
incidental to the financing of the manufactured home park;
(2) a conveyance by a mortgagee subsequent to foreclosure
of a mortgage or a deed given in lieu of a foreclosure; or
(3) a purchase of a manufactured home park by a
governmental entity under its power of eminent domain.
Subd. 11. Affidavit of compliance. After a park is
sold, a park owner or other person with personal knowledge may
file an affidavit with the county recorder or registrar of
titles in the county in which the park is located certifying
compliance with subdivision 6 or 7 or that subdivisions 6 and 7
are not applicable. The affidavit may be used as proof of the
facts stated in the affidavit. A person acquiring an interest
in a park or a title insurance company or attorney who prepares,
furnishes, or examines evidence of title may rely on the truth
and accuracy of statements made in the affidavit and is not
required to inquire further as to the park owner's compliance
with subdivisions 6 and 7. When an affidavit is filed, the
right to purchase provided under subdivisions 6 and 7 terminate,
and if registered property, the registrar of titles shall delete
the memorials of the notice and affidavit from future
certificates of title.
HIST: 1987 c 179 s 10; 1991 c 26 s 1-7; 1997 c 126 s 6; 1999 c
11 art 3 s 10
==327C.096
327C.096 Notice of sale.
When a park owner offers to sell a manufactured home park
to the public through advertising in a newspaper or by listing
the park with a realtor licensed by the Department of Commerce,
the owner must provide concurrent written notice to a resident
of each manufactured home in the park that the park is being
offered for sale. Written notice provided once within a
one-year period satisfies the requirement under this section.
The notice provided by the park owner to a resident of each
manufactured home does not grant any property rights in the park
and is for informational purposes only. This section does not
apply in the case of a taking by eminent domain, a transfer by a
corporation to an affiliate, a transfer by a partnership to one
or more of its partners, or a sale or transfer to a person who
would be an heir of the owner if the owner were to die
intestate. If at any time a manufactured home park owner
receives an unsolicited bona fide offer to purchase the park
that the owner intends to consider or make a counter offer to,
the owner is under no obligation to notify the residents as
required under this section.
HIST: 1991 c 26 s 8
==327C.10
327C.10 Defenses to eviction.
Subdivision 1. Nonpayment of rent. In any action to
recover possession for failure to pay rent, it shall be a
defense that the sum allegedly due contains a charge which
violates section 327C.03, or that the park owner has injured the
defendant by failing to comply with section 504B.161.
Subd. 2. Nonpayment of rent increase. In any action
to recover possession for failure to pay a rent increase, it
shall be a defense that the park owner:
(a) failed to comply with the provisions of section
327C.06, subdivision 1 or 3;
(b) increased the rent in violation of section 327C.06,
subdivision 2.
Subd. 3. Rule violations. In any action to recover
possession for the violation of a park rule, it shall be a
defense that the rule allegedly violated is unreasonable.
Subd. 4. Retaliatory conduct. In any action to
recover possession it shall be a defense that the park owner has
violated section 327C.12.
HIST: 1982 c 526 art 2 s 10; 1999 c 199 art 2 s 12
==327C.11
327C.11 Eviction proceedings.
Subdivision 1. Right of redemption. The right of
redemption, as expressed in section 504B.291 and the common law,
is available to a resident from whom a park owner seeks to
recover possession for nonpayment of rent, but no resident may
exercise that right more than twice in any 12-month period;
provided, that a resident may exercise the right of redemption
more than twice in any 12-month period by paying the park
owner's actual reasonable attorney's fees as part of each
additional exercise of that right during the 12-month period.
Subd. 2. Waiver by accepting rent. A park owner who
gives a resident a notice as provided in section 327C.09,
subdivision 3, 4, 6, or 8, or 327C.095, does not waive the
notice by afterwards accepting rent. Acceptance of rent for a
period after the expiration of a final notice to quit waives
that notice unless the parties agree in writing after service of
the notice that the notice continues in effect.
Subd. 3. Writ of restitution stayed. The issuance of
a writ of restitution, other than a conditional writ, shall be
stayed for a reasonable period not to exceed seven days to allow
the resident to arrange to remove the resident's home from the
lot.
Subd. 4. Conditional writ. Where the interests of
justice require the court may issue a conditional writ of
restitution, which orders the resident and all those in the
resident's household to stop residing in the park within a
reasonable period not to exceed seven days, but which allows the
resident's home to remain on the lot for 60 days for the purpose
of an in park sale, as provided in section 327C.07. The writ
shall also direct the park owner to notify any party holding a
security interest in the resident's home and known to the park
owner, of the provisions of the writ. If the court issues a
conditional writ, the resident may keep the home on the lot for
60 days for an in park sale if:
(a) neither the resident nor members of the resident's
household reside in the park;
(b) the resident complies with all rules relating to home
and lot maintenance; and
(c) the resident pays on time all rent and utility charges
owed to the park owner. If the resident fails to meet any of
these conditions, the park owner may, on three days' written
notice to the resident, move the court for an order making the
writ of restitution unconditional. Sixty-one days after the
issuance of a conditional writ, the writ shall become absolute
without further court action.
HIST: 1982 c 526 art 2 s 11; 1986 c 444; 1987 c 179 s 9; 1999
c 199 art 2 s 13
==327C.12
327C.12 Retaliatory conduct prohibited.
A park owner may not increase rent, decrease services,
alter an existing rental agreement or seek to recover possession
or threaten such action in whole or in part as a penalty for a
resident's:
(a) good faith complaint to the park owner or to a
government agency or official;
(b) good faith attempt to exercise rights or remedies
pursuant to state or federal law; or
(c) joining and participating in the activities of a
resident association as defined under section 327C.01,
subdivision 9a.
In any proceeding in which retaliatory conduct is alleged,
the burden of proving otherwise shall be on the park owner if
the owner's challenged action began within 90 days after the
resident engaged in any of the activities identified in clause
(a), (b), or (c). If the challenged action began more than 90
days after the resident engaged in the protected activity, the
party claiming retaliation must make a prima facie case. The
park owner must then prove otherwise.
HIST: 1982 c 526 art 2 s 12; 1986 c 444; 1992 c 511 art 2 s
33; 1995 c 13 s 1
==327C.13
327C.13 Freedom of expression.
No park owner shall prohibit or adopt any rule prohibiting
residents or other persons from peacefully organizing,
assembling, canvassing, leafletting or otherwise exercising
within the park their right of free expression for noncommercial
purposes. A park owner may adopt and enforce rules that set
reasonable limits as to time, place and manner.
HIST: 1982 c 526 art 2 s 13
==327C.14
327C.14 Right of access.
Subdivision 1. To the home. A park owner has no
right of access to a manufactured home located within the park
unless access is necessary to prevent damage to the park
premises or to respond to an emergency.
Subd. 2. To the lot. A park owner may come onto a
manufactured home lot in order to inspect the lot, make
necessary or agreed upon repairs or improvements, supply
necessary or agreed upon goods or services or exhibit the lot to
prospective or actual purchasers, mortgagees, residents, workers
or contractors. The park owner may come onto the resident's lot
whenever necessary to respond to or prevent an emergency, but
otherwise may not come onto the lot at unreasonable times or in
a way that unreasonably disrupts the resident's use and
enjoyment of the lot.
HIST: 1982 c 526 art 2 s 14
==327C.15
327C.15 Remedies; penalties; enforcement.
Any violation of sections 327C.01 to 327C.14 is a violation
of a law referred to in section 8.31, subdivision 1.
HIST: 1982 c 526 art 2 s 15