S*703 Session 109 (1991-1992)
S*0703(Rat #0204, Act #0135 of 1991) General Bill, By I.E. Lourie, J.C. Hayes and
Matthews
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 47
to Title 27 so as to provide for the South Carolina Manufactured Home Park
Tenancy Act by setting forth purposes, scope, jurisdiction, definitions,
interpretation of principles, notice, rental agreements, obligations of owners
and residents, grounds for eviction, and notification of sale of park, and
rezoning.-amended title
02/26/91 Senate Introduced and read first time SJ-5
02/26/91 Senate Referred to Committee on Judiciary SJ-6
04/24/91 Senate Committee report: Favorable Judiciary SJ-11
04/25/91 Senate Read second time SJ-47
04/25/91 Senate Ordered to third reading with notice of
amendments SJ-47
04/29/91 Senate Read third time and sent to House SJ-13
04/30/91 House Introduced and read first time HJ-15
04/30/91 House Referred to Committee on Labor, Commerce and
Industry HJ-15
05/15/91 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-7
05/22/91 House Amended HJ-151
05/22/91 House Debate adjourned until Tuesday, May 28, 1991 HJ-151
05/30/91 House Debate adjourned until Tuesday, June 4, 1991 HJ-71
05/30/91 House Reconsider vote whereby debate adjourned until
Tuesday, June 4, 1991 HJ-88
05/30/91 House Debate adjourned until Tuesday, June 4, 1991 HJ-88
06/04/91 House Amended HJ-20
06/04/91 House Read second time HJ-26
06/05/91 House Read third time and returned to Senate with
amendments HJ-10
06/05/91 Senate Concurred in House amendment and enrolled SJ-64
06/06/91 Ratified R 204
06/12/91 Signed By Governor
06/12/91 Effective date 01/01/92
06/12/91 Act No. 135
07/03/91 Copies available
(A135, R204, S703)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO
PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME
PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE,
JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES,
NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS
AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION
OF SALE OF PARK, AND REZONING.
Be it enacted by the General Assembly of the State of South Carolina:
Manufactured Home Park Tenancy Act
SECTION 1. Title 27 of the 1976 Code is amended by adding:
"CHAPTER 47
Manufactured Home Park Tenancy Act
Article 1
General Provisions and Definitions
Subarticle I
Short Title, Construction, and Purpose
Section 27-47-10. This chapter is known as the South Carolina
Manufactured Home Park Tenancy Act.
Section 27-47-20. (A) This chapter must be construed liberally and
applied to promote its underlying purposes and policies.
(B) The underlying purposes and policies of this chapter are to:
(1) provide for the rights and obligations of manufactured home
owners and manufactured home park owners and clarify the law governing
the renting or leasing of residential lots in a manufactured home park in
which five or more lots are offered for rent or lease;
(2) encourage manufactured home park owners and manufactured
home owners to maintain and improve the quality of housing.
Subarticle II
Scope and Jurisdiction
Section 27-47-110. This chapter applies to, regulates, and determines
the rights, obligations, and remedies under a rental agreement for a
residential manufactured home park lot located within this State.
Section 27-47-120. The following tenancies are not governed by this
chapter:
(1) in which both a manufactured home and a manufactured home lot
are rented or leased by the resident;
(2) in which a rental space is offered for occupancy by a vehicle which
primarily is designed as temporary living quarters for recreational camping
or travel use and which either has its own motor power or is mounted on or
drawn by another vehicle;
(3) at a manufactured home park in which fewer than five lots are
offered for rent or lease.
Section 27-47-130. Jurisdiction and service of process must be
determined pursuant to Section 27-40-130 with respect to a claim arising
from a transaction to which this chapter applies.
Subarticle III
General Definitions and Interpretation
of Principles; Notice
Section 27-47-210. Subject to additional definitions contained in other
provisions of law which apply to this chapter and unless the context
otherwise requires:
(1) `Manufactured home' means a structure transportable in one or
more sections which in the traveling mode is eight body feet or more in
width or forty body feet or more in length or when erected on site is three
hundred twenty or more square feet and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities and includes the
plumbing, heating, air conditioning, and electrical systems contained in the
structure.
(2) `Manufactured home owner' or `resident' means a person who
owns a manufactured home and rents or leases a lot within a manufactured
home park for residential use.
(3) `Manufactured home park' means a use of land in which lots or
spaces are offered for rent or lease for the placement of manufactured
homes and in which the primary use of the park is residential.
(4) `Manufactured home park owner' or `owner' means an owner or
operator of a manufactured home park.
(5) `Rental agreement' means a written mutual understanding or lease
between a resident and an owner in which the resident may place his
manufactured home on a lot for direct or indirect remuneration of the
owner.
(6) `Tenancy' means the temporary possession or occupancy of a
manufactured home park lot by a resident pursuant to a rental
agreement.
(7) `User fees' means the amounts charged in addition to the lot rental
amount for nonessential optional services provided by or through the owner
to the resident under a separate written agreement between the resident and
the person furnishing the service.
Section 27-47-220. Every duty under this chapter and every act which
must be performed as a condition precedent to the exercise of a right or
remedy under this chapter imposes an obligation of good faith in its
performances or enforcement.
Section 27-47-230. Unconscionability must be determined according to
Section 27-40-230.
Section 27-47-240. Notice must be given pursuant to Section
27-40-240.
Subarticle IV
General Provisions
Section 27-47-310. (A) An owner who offers for lease a space in a
manufactured home park shall provide to the resident an agreement in
writing containing the terms by which the space is leased. The written
agreement must comply with this section.
(B) The duration of the lease must be stated in the agreement and may
be of a length agreed upon by the owner and resident.
(C) If the agreement provides an option for renewal, the amount of rent
to be paid for tenancy during the option must be stated in the
agreement.
(D) The rental agreement must specify:
(1) location and approximate size of the lot leased pursuant to the
agreement;
(2) monthly rental rate;
(3) date payment is due;
(4) place of payment;
(5) personal property, services, and facilities provided by the
owner;
(6) regulations governing residency which, if violated, may be cause
for eviction;
(7) statement of amounts to be paid by the resident including, but not
limited to, security deposits, service fees, and installation charges;
(8) improvements, if any, which the resident may make to the rental
lot including landscaping;
(9) improvements, if any, required to be made by the resident;
(10) restrictions, if any, regarding pets, children, number of occupants,
and vehicle storage;
(11) notice required to exercise option for renewal or to terminate
tenancy.
(E) During the rental agreement a user fee must not be charged by the
owner to the resident for a service or amenity which previously was
provided and included in the lot rental amount unless there is a
corresponding decrease in the amount within the terms of the contract.
Article 3
Manufactured Home Park Owner's Obligations
Section 27-47-410. (A) An owner shall disclose his name and
address or a person authorized to act as his agent for the purposes of service
of process and receiving or receipting notices and demands. The
information required to be furnished by this section must be kept current,
and this section may be enforced against a successor owner.
(B) A person authorized to enter into a rental agreement on behalf of
an owner who fails to comply with this section with regard to a rental
agreement entered into on behalf of the owner becomes his agent for
purposes of that rental agreement for:
(1) service of process and receiving and receipting notices and
demands;
(2) performing the obligations of the owner under this chapter
and under the rental agreement and expending or making available for the
performance of the obligations rent collected from the resident and retained
by the person on behalf of the owner.
Section 27-47-420. When a tenancy is to continue beyond the original
term a resident must be given notice by the owner at least thirty days in
advance of the effective date of a new rental rate.
Section 27-47-430. The owner has the burden of proving a
manufactured home located in the park is unsafe or unsanitary or fails to
meet the park's aesthetic standards. A resident must not be forced to make
an aesthetic change to his home's original design which would create undue
financial hardship and which is contrary to the terms of the rental
agreement during the term of the rental agreement. This section does not
prohibit a park from requiring compliance with new or upgraded aesthetic
standards which apply generally to homes in the park upon expiration of
the lease term or upon a continuance of a tenancy beyond the original term.
However, notice of the requirement must be given by the owner to the
tenant at least thirty days before the effective date of the change.
Section 27-47-440. (A) The purchaser of a manufactured home may
not become a resident of a manufactured home park without the approval of
the owner. Approval by the owner must not be withheld unreasonably.
The purchaser has the burden of proof as to whether approval or
disapproval is unreasonable.
(B) The owner has fifteen days after receiving the purchaser's written
application for entry to the park to notify him in writing of approval or
disapproval. Notice is complete upon deposit in the United States mail
addressed to the purchaser at the address stated in his application. If the
owner fails to act within fifteen days, the application is approved.
Section 27-47-450. An owner shall provide access to the common
areas of the park at reasonable times for the benefit of residents and their
guests and maintain in proper working condition the utility connections and
systems.
Section 27-47-460. An owner is not the guarantor of the safety of
residents or invitees but shall exercise due care to keep the portion of the
premises under the owner's control in a reasonably safe condition.
Section 27-47-470. An owner shall take reasonable steps to maintain
the cleanliness and appearance of the common areas of the park.
Article 5
Resident's Obligations
Section 27-47-510. A resident shall:
(1) comply with the obligations of applicable provisions of the
building, housing, and health codes;
(2) keep his manufactured home lot clean;
(3) comply with regulations and the rental agreement and require other
persons in the park with his consent to comply and conduct themselves in a
manner that does not disturb other residents unreasonably or violate the
rental agreement;
(4) keep his rent current;
(5) give written notice to the owner whether he desires to continue the
tenancy beyond the original term within thirty days of receiving notice of a
new rental rate under Section 27-47-420.
Section 27-47-520. Upon termination of a tenancy, monies held by the
owner as a security deposit or prepaid rent must be returned less amounts
withheld by the owner for accrued rent or damages the owner has suffered
by reason of the resident's noncompliance with Section 27-47-510.
Deductions must be itemized in a written notice to the resident within thirty
days after termination of the tenancy. The resident shall provide the owner
a forwarding address. The owner is not liable for damages if the resident
does not provide a forwarding address and the owner has no notice of the
resident's address and mails the notice to the resident's last known address.
If the owner does not return monies due the resident, he may recover an
amount equal to three times the amount wrongfully withheld and
reasonable attorney's fees.
Section 27-47-530. (A) An owner may evict a resident for one or
more of the following reasons:
(1) failure to comply with local, state, or federal laws governing
manufactured homes after he receives written notice of noncompliance and
has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet
enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or
park regulations and failure to remedy the violation within fourteen days
after written notice by the owner. If the remedy requires longer than
fourteen days, the owner may allow the resident in good faith to extend the
time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental
agreement or park regulations affecting the health, safety, or welfare of
other residents in the park or affecting the physical condition of the
park;
(6) wilfully and knowingly making a false or misleading
statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot
by eminent domain;
(8) other reason sufficient under common law.
(B) A writ of ejectment may not issue within thirty days of written
notice to the resident of the commencement of the eviction action except
for eviction pursuant to subsection (A)(5).
Article 7
Notification of Sale of Park
and Rezoning
Section 27-47-610. If a park is sold but continues to operate as a park,
the new owner shall notify residents of the change in ownership within
thirty days after the date of closing of the sale.
Section 27-47-620. If an owner applies for rezoning of a park, a notice
of the proposed rezoning must be posted at the park at least five days
before the public hearing on the rezoning."
Time effective
SECTION 2. This act takes effect January 1, 1992.
Approved the 12th day of June, 1991. |