Current Status Introducing Body:Senate Bill Number:244 Primary Sponsor:Lourie Committee Number:12 Type of Legislation:GB Subject:Mobile and Modular Home Park Tenancy Act Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:244 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Lourie Type of Legislation:General Bill
Bill Body Date Action Description CMN
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244 Senate Jan 08, 1991 Introduced and read first 12
time, referred to Committee
244 Senate Oct 15, 1990 Prefiled, referred to 12
Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 27, SO AS TO PROVIDE FOR THE SOUTH CAROLINA MOBILE AND MODULAR HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF MOBILE HOME PARK OWNERS AND MOBILE HOME OWNERS, REGULATIONS, TERMINATION OF A TENANCY, AND GROUNDS FOR EVICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 27 of the 1976 Code is amended by adding:
Section 27-42-10. This chapter is known as the South Carolina Mobile and Modular Home Park Tenancy Act.
Section 27-42-20. (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 mobile and modular home owners and mobile and modular home park owners and clarify the law governing the renting or leasing of residential lots in a mobile and modular home park in which ten or more lots are offered for rent or lease; and
(2) encourage mobile and modular home park owners and mobile and modular home owners to maintain and improve the quality of housing.
Section 27-42-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential mobile and modular home park lot located within this State.
Section 27-42-120. The following arrangements are not governed by this chapter:
(1) tenancy in which both a mobile home and a mobile home lot are rented or leased by the resident;
(2) tenancy 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; and
(3) tenancy at a mobile home park in which fewer than ten lots are offered for rent or lease.
Section 27-42-130. 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.
Section 27-42-210. Subject to additional definitions contained in other provisions of law which apply to the articles or parts of this chapter and unless the context otherwise requires, the following terms have the following meanings:
(1) 'Mobile home' or '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. All references to a mobile home in this chapter apply to a manufactured home.
(2) 'Mobile home owner' or 'resident' means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use.
(3) 'Mobile home park' means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential.
(4) 'Mobile home park owner' or 'park owner' means an owner or operator of a mobile home park.
(5) 'Modular home' means a manufactured single family dwelling or an integral part over thirty-five feet in length or over eight feet in width, so constructed that it may be transported from one site to another, temporarily or permanently affixed to real estate, made up of one or more components, and constructed with the same or similar electrical, plumbing, heating, and sanitary facilities as on-site constructed housing. All references to a mobile home in this chapter apply to a modular home.
(6) 'Rental agreement' means an oral or written mutual understanding or lease between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his mobile home on a lot for either direct or indirect remuneration of the mobile home park owner.
(7) 'Tenancy' means the temporary possession or occupancy of a mobile home park lot by a mobile home owner pursuant to a rental agreement.
(8) 'User fees' means the amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the mobile home park owner to the mobile home owner under a separate written agreement between the mobile home owner and the person furnishing the service.
Section 27-42-220. 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 27-42-230. Unconscionability must be determined according to Section 27-40-230.
Section 27-42-240. Notice must be given pursuant to the provisions of Section 27-40-240.
Section 27-42-320. (A) A mobile home park owner who rents or leases a space for a mobile home shall provide a written rental agreement for not less than two years which must be signed by the mobile home park owner and the mobile home owner.
(B) The rental agreement may be for less than two years if the mobile home owner requests a shorter term in writing.
(C) The rental agreement is renewable for three years if mutually agreed upon by the mobile home park owner and the mobile home owner. If the rental agreement is renewed, the mobile home owner must not be evicted except pursuant to the provisions of Section 27-42-540.
(D) The rental agreement must specify:
(1) location and approximate size of the rented space;
(2) rent for each month and date on which it is due;
(3) personal property, services, and facilities to be provided by the mobile home park owner;
(4) regulations which, if violated, may be cause for eviction;
(5) refundable deposits, nonrefundable fees, and installation charges imposed by the mobile home park owner;
(6) improvements which the mobile home owner may make to the rental space including landscaping;
(7) procedures to be used if the mobile home is sold and a new rental agreement is needed. The procedure may include but is not limited to provisions for children, pets, number of occupants, credit and character references, and criminal records; and
(8) that the mobile home owner may not sell his home to a person who intends to leave it on the rental space until the mobile home park owner and that person have signed a rental agreement as provided in this section.
(E) A user fee must not be charged by the mobile home park owner to the mobile home owner 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.
Section 27-42-410. Upon the termination of the tenancy, property or money held by the mobile home park owner as security must be returned to the mobile home owner within thirty days pursuant to the provisions of Section 27-40-410. An appropriate deduction from the security deposit must be made if one or more of the reasons provided in Section 27-42-540 exist.
Section 27-42-420. (A) A mobile home park owner shall disclose his name and address or the name and address of 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 the provisions of this section may be enforced against a successor mobile home park owner.
(B) A person authorized to enter into a rental agreement on behalf of a mobile home park owner who fails to comply with this section with regard to a rental agreement entered into on behalf of the mobile home park owner becomes his agent for purposes of that rental agreement for:
(1) service of process and receiving and receipting for notices and demands;
(2) performing the obligations of the mobile home park owner under this chapter and under the rental agreement and expending or making available for the performance of the obligations all rent collected from the mobile home owner and retained by the person on behalf of the mobile home park owner.
Section 27-42-430. (A) A mobile home park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners' association of the park, if one has been formed, at least ninety days before an increase in the lot rental amount, a reduction in services or utilities provided by the park owner, or a change in regulations. The notice must identify all affected mobile home owners which may be by lot number, name, group, or phase. The association has no standing to challenge the increase, reduction, or change unless a majority of the affected mobile home owners, in writing, approve the challenge.
(B) A committee of not more than five mobile home owners, designated by a majority of the affected owners or by the board of directors of the homeowners' association, if applicable, may elect to meet at a mutually convenient time with the mobile home park owner within thirty days of the notice to discuss the reasons for the increase, reduction, or change.
Section 27-42-440. The mobile home park owner has the burden of proving a mobile home located in the park is unsafe, unsanitary, or fails to meet the park's aesthetic standards. A mobile home owner must not be forced to make an aesthetic change to his home's original design which would create undue financial hardship including, but not limited to, altering its size, original color, or original building materials.
Section 27-42-450. (A) The purchaser of a mobile home may not become a resident of a mobile home park without the approval of the park owner. However, the park owner may not withhold his approval except for a failure of the purchaser to meet the park's entry requirements or for good cause. Good cause is:
(1) intention to use the mobile home for illegal or immoral purposes or a purpose that would disturb the quiet enjoyment of the park; or
(2) financial inability to pay the lot rental amount.
(B) The mobile home park owner has ten days after receiving the purchaser's application for entry to the park to notify him in writing of the reasons for withholding approval. If the owner fails to act within ten days, the application is approved.
Section 27-42-460. A mobile home park owner must:
(1) comply with the requirements of applicable building, housing, and health codes;
(2) maintain the buildings and improvements in common areas to provide for reasonable appearance, safety, and cleanliness;
(3) provide access to the common areas, including buildings and improvements, at reasonable times for the benefit of the mobile home owners and their guests;
(4) maintain utility connections and systems for which he is responsible in a proper operating condition; and
(5) comply with regulations and require other persons in the park with his consent to comply and conduct themselves in a manner that does not disturb the mobile home owners unreasonably or is a breach of the peace.
Section 27-42-510. A mobile home owner must:
(1) comply with all obligations of applicable provisions of the building, housing, and health codes;
(2) keep his mobile home lot clean; and
(3) comply with regulations and require other persons on his lot with his consent to comply and conduct themselves in a manner that does not disturb other mobile home owners unreasonably.
Section 27-42-520. A mobile home park owner may adopt regulations relating to the mobile home owner's use and occupancy of the park. The regulations are enforceable against the mobile home owner only if the conditions provided in Section 27-40-510 are met.
Section 27-42-530. A mobile home owner shall give thirty days' notice to terminate a tenancy.
Section 27-42-540. (A) A mobile home park owner may evict a mobile home owner for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing mobile homes after he receives a written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that is a substantial annoyance to other mobile home owners;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within a reasonable time;
(4) not paying rent due within seven days after receiving written notice by the mobile home park owner of nonpayment;
(5) noncompliance with a law affecting the health, safety, or welfare of other mobile home owners in the park or affecting the physical condition of the park; or
(6) wilfully and knowingly making a false or misleading statement in the rental agreement.
(B) A mobile home park owner must give sixty days' notice of the eviction."
SECTION 2. This act takes effect one hundred eighty days after approval by the Governor.