GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1228

Short Title:  Manuf. Homes/Bill of Rights.	(Public)
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Sponsors: Senators Plexico; and Smith.
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Referred to:  Local Government and Regional Affairs.
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June 9, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A BILL OF RIGHTS FOR OWNERS OF MANUFACTURED HOMES.
The General Assembly of North Carolina enacts:
Section 1.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 42A.
"Manufactured Home Owners' Bill of Rights.
"§ 42A-1.  Definitions; lease disclosure, terms.
(a)	For purposes of this Chapter, 'manufactured home' means a manufactured home as defined in G.S. 143-143.9(6).  For purposes of this Chapter, 'operator' means the owner or operator of a manufactured home community or other facility that leases space to owners of manufactured homes for the location of those homes.
(b)	All rental agreements regarding manufactured homes shall be in writing and signed by an operator or the operator's agent.
	(c)	All services included in the rental fee for a manufactured home shall be clearly defined, including water and sewer, garbage removal, lawn maintenance, and use of any clubhouse or pool.
(d)	Every operator shall provide tenants with a list of the park rules.  These rules may be changed so long as tenants are given at least 60 days' notice of such changes, unless the rule changes are the result of changes in State or local law, in which case no such notice is required.
(e)	The monthly or annual rental amount shall be clearly set forth in the agreement.
"§ 42A-2.  Sales of manufactured homes.
(a)	The owner of a manufactured home has the exclusive right to sell the home, and an operator may not receive any fee or commission on the sale of the home unless the owner otherwise agrees in writing.
(b)	An operator may not place unreasonable or discriminatory restrictions on the placement of 'for sale' signs or upon access to the community by prospective purchasers or realtors, or otherwise interfere with the efforts of tenants to sell their manufactured homes.
"§ 42A-3.  Grounds for eviction.
An operator may evict a tenant only pursuant to those grounds specified in G.S. 42-26.
"§ 42A-4.  Change in use of land.
An operator may terminate a rental agreement in order to change the use of the community's land only by providing each tenant with written notice at least 90 days prior to such change in use.
"§ 42A-5.  Retaliatory conduct.
Tenants in manufactured home communities may organize resident homeowners' associations without retaliatory action by the operator.  The provisions of G.S. 42-37.1 provide tenants with the defense of retaliatory eviction with regard to the protected activities enumerated in that section."
Sec. 2.  This act becomes effective January 1, 1994, and applies to all rental agreements entered into or renewed on or after that date.