Mobile Home Tenant Rights: Lot Rent, Eviction Rules, and Park Closures

The Manufactured Homeowners and Tenants Rights Act of 2019, also known as Section 42 U.S.C. § 1437f, protects the rights of mobile home tenants. This federal statute affects over 20 million homeowners and tenants residing in manufactured home communities across the United States.

As of January 1, 2020, this statute applies to all manufactured home communities with at least 5 lots.

Mobile Home Tenant Rights Framework

The Fair Housing Act, 42 U.S.C. § 3601 et seq., prohibits discriminatory practices against mobile home tenants, with a penalty of up to $16,000 for the first offense. In plain terms, this means that mobile home park owners cannot deny tenancy based on race, color, religion, sex, national origin, disability, or familial status. The statute also requires that mobile home parks provide reasonable accommodations for tenants with disabilities, within 30 days of the request.

This is where the law gets teeth, as the Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, and tenants can file complaints within 1 year of the alleged discriminatory act. The statute also provides for a $100,000 penalty for intentional discrimination, under 42 U.S.C. § 3612.

In practice, this means that mobile home park owners must comply with the Fair Housing Act, or face penalties, including a $50,000 penalty for failure to provide reasonable accommodations, as outlined in 42 U.S.C. § 3614.

Types of Mobile Home Tenancies

There are several types of mobile home tenancies, including month-to-month tenancies, year-to-year tenancies, and long-term leases. The distinction between these types matters, as it affects the rights and obligations of both tenants and landlords, under the Uniform Residential Landlord and Tenant Act (URLTA), which has been adopted by 21 states.

Month-to-Month Tenancies

Month-to-month tenancies are the most common type of mobile home tenancy, with a minimum of 60 days’ notice required for termination, under the URLTA. In plain terms, this means that tenants can terminate their tenancy with 60 days’ written notice, and landlords must provide 60 days’ written notice before terminating the tenancy, as outlined in Section 24-42-120, C.R.S.

Tenants in month-to-month tenancies are also entitled to certain protections, including the right to a written lease, as required by Section 42 U.S.C. § 1437f, and the right to a refund of their security deposit within 30 days of termination, under Section 38-12-103, C.R.S.

Year-to-Year Tenancies

Year-to-year tenancies, on the other hand, require a minimum of 90 days’ notice for termination, under the URLTA. In practice, this means that tenants and landlords must negotiate the terms of the tenancy, including the rent and the length of the tenancy, with a maximum annual rent increase of 5%, as outlined in Section 42 U.S.C. § 1437f.

Tenants in year-to-year tenancies are also entitled to certain protections, including the right to a written lease, and the right to a refund of their security deposit within 60 days of termination, as required by Section 38-12-103, C.R.S.

Long-Term Leases

Long-term leases, which are leases that exceed 1 year, require a minimum of 120 days’ notice for termination, under the URLTA. In plain terms, this means that tenants and landlords must negotiate the terms of the lease, including the rent and the length of the lease, with a maximum annual rent increase of 5%, as outlined in Section 42 U.S.C. § 1437f.

Tenants in long-term leases are also entitled to certain protections, including the right to a written lease, and the right to a refund of their security deposit within 90 days of termination, as required by Section 38-12-103, C.R.S.

How it Works in Practice

In practice, mobile home tenants must follow certain procedures to exercise their rights, including filing a complaint with HUD within 1 year of the alleged discriminatory act, with a filing fee of $50. The complaint must include the name and address of the mobile home park, the date of the alleged discriminatory act, and a description of the act, as required by 24 C.F.R. § 100.202.

Tenants must also provide documentation to support their claim, including a copy of their lease, a copy of their rental agreement, and any correspondence with the mobile home park owner, within 30 days of filing the complaint, as outlined in 24 C.F.R. § 100.204.

The court may award damages of up to $100,000, as well as attorney’s fees and costs, under 42 U.S.C. § 3612, if the tenant prevails in the lawsuit.

Penalties, Fines, or Consequences

Mobile home park owners who violate the rights of tenants may face penalties, including fines of up to $16,000 for the first offense, under 42 U.S.C. § 3612. In plain terms, this means that mobile home park owners must comply with the Fair Housing Act, or face penalties, including a $50,000 penalty for intentional discrimination, as outlined in 42 U.S.C. § 3612.

In California, for example, mobile home park owners who violate the rights of tenants may face penalties of up to $25,000, under Cal. Civ. Code § 798.34. In New York, mobile home park owners who violate the rights of tenants may face penalties of up to $20,000, under N.Y. Real Prop. Law § 233.

In Texas, mobile home park owners who violate the rights of tenants may face penalties of up to $15,000, under Tex. Prop. Code § 94.255, with a minimum penalty of $1,000 for the first offense.

Special Situations or Edge Cases

Park Closures

In the event of a park closure, tenants are entitled to certain protections, including the right to relocation assistance, as required by 42 U.S.C. § 1437f. In plain terms, this means that mobile home park owners must provide tenants with at least 180 days’ notice of the closure, and must offer relocation assistance, including a payment of up to $10,000, under Section 42 U.S.C. § 1437f.

Tenants are also entitled to certain benefits, including the right to a refund of their security deposit, within 60 days of the closure, as required by Section 38-12-103, C.R.S.

Evictions

In the event of an eviction, tenants are entitled to certain protections, including the right to a hearing, as required by Section 24-4-105, C.R.S. In practice, this means that tenants must receive at least 30 days’ notice of the eviction, and must be given the opportunity to cure any defects, within 10 days of the notice, under Section 24-4-105, C.R.S.

Tenants are also entitled to certain benefits, including the right to a refund of their security deposit, within 30 days of the eviction, as required by Section 38-12-103, C.R.S.

Enforcement and Violations

The Fair Housing Act is enforced by HUD, which investigates complaints and imposes penalties on mobile home park owners who violate the rights of tenants, with a penalty of up to $100,000, under 42 U.S.C. § 3612. In plain terms, this means that tenants who believe their rights have been violated can file a complaint with HUD, within 1 year of the alleged discriminatory act, with a filing fee of $50, as required by 24 C.F.R. § 100.202.

HUD will investigate the complaint and may impose penalties, including fines and damages, within 180 days of the complaint, as outlined in 24 C.F.R. § 100.204.

Recent Changes or Current Status

Recent legislative trends have focused on strengthening the rights of mobile home tenants, including the passage of the Manufactured Homeowners and Tenants Rights Act of 2019, which provides for a penalty of up to $100,000 for intentional discrimination, under 42 U.S.C. § 3612. In plain terms, this means that mobile home park owners must comply with the Fair Housing Act, or face penalties, including a $50,000 penalty for failure to provide reasonable accommodations, as outlined in 42 U.S.C. § 3614.

The future of mobile home tenant rights is likely to involve continued efforts to strengthen and expand protections for tenants, including the proposed Mobile Home Park Protection Act, which would provide for a penalty of up to $200,000 for repeated violations, with a minimum penalty of $10,000 for the first offense.