§ 398.4. Community rules and regulations
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal PropertyEffective: March 18, 2011
Effective: March 18, 2011
68 P.S. § 398.4
§ 398.4. Community rules and regulations
(a) A manufactured home community owner may at any time establish fair and reasonable rules and regulations reasonably related to the health, safety and upkeep of the community, provided the rules and regulations are not arbitrary or capricious and are included in any written lease and delivered to existing lessees and are posted in the public portion of the community office or other conspicuous and readily accessible place in the manufactured home community.
(b) All rules or rental charges shall be uniformly applied to all manufactured home lessees or prospective manufactured home occupants of the same or similar category. The lessee shall be provided with a written copy of the rules and regulations prior to the owner's or operator's acceptance of any initial deposit, fee or rent. In addition, a copy of this act shall be posted in the public portion of the community office or other conspicuous and readily accessible place in the mobile home park, and a copy of the following notice shall be reproduced in capital typewritten letters or in ten-point boldface print and be given to each resident upon entering into the lease.
“IMPORTANT NOTICE REQUIRED BY LAW
The rules set forth below govern the terms of your lease or occupancy agreement with this manufactured home community. The law requires all of these rules to be fair and reasonable.
As a lessee, you may continue to stay in this community as long as you pay your rent and other reasonable fees, service charges and assessments hereinafter set forth and abide by the rules of the community. Entrance and exit fees may not be charged. Installation and removal fees may not be charged in excess of the actual cost to the manufactured home community owner or operator for providing such service for the installation or removal of a manufactured home in a manufactured home space.
As a lessee, you may be evicted for any of the following reasons:
As a lessee, you shall only be evicted in accordance with the following procedure:
(i) In the case of nonpayment of rent, the notice shall state that an eviction proceeding may be commenced if the manufactured home lessee does not pay the overdue rent within 20 days from the date of service if the notice is given on or after April 1 and before September 1, and 30 days if given on or after September 1 and before April 1 or an additional nonpayment of rent occurring within six months of the giving of the notice may result in immediate eviction proceedings.
(ii) In the case of a breach of the lease or violation of the community rules, other than nonpayment of rent, the notice shall describe the particular breach or violation. No eviction action shall be commenced unless the lessee has been notified as required by this section, and upon a second or subsequent violation or breach occurring within six months, the manufactured home community owner may commence eviction proceedings at any time within 60 days of the last violation or breach.
As a lessee, you shall not be evicted when there is proof that the rules you as the lessee are accused of violating are not enforced with respect to the other manufactured home residents or nonresidents on the community premises.
In addition, no eviction proceeding for nonpayment of rent may be commenced against you as the lessee until you have received notice by certified or registered mail of the nonpayment and have been given to pay the overdue rent 20 days from the date of service if the notice is given on or after April 1 and before September 1, and 30 days if given on or after September 1 and before April 1. However, only one notice of overdue rent is required to be sent to you as the lessee during any six-month period. If a second or additional violation occurs within six months from the date of the first notice then eviction proceedings may be immediately started against you.
You are entitled to purchase goods or services from a seller of your choice and the community owner shall not restrict your right to do so.
If you desire to sell your manufactured home, the manufactured home community owner may not prevent the sale and may not claim any fee in connection therewith, unless there exists a separate written fee agreement. However, the manufactured home community owner may reserve the right to approve the purchaser as a resident in the manufactured home community.
Enforcement of the Manufactured Home Community Rights Act is by the Attorney General of the Commonwealth of Pennsylvania or the District Attorney of the county in which the manufactured home community is located. As a lessee, you may also bring a private cause of action. If your rights are violated you may contact the State Bureau of Consumer Protection or your local District Attorney.”
Credits
1976, Nov. 24, P.L. 1176, No. 261, § 4, effective in 60 days. Amended 2010, Oct. 19, P.L. 546, No. 80, § 2, effective in 150 days [March 18, 2011].
68 P.S. § 398.4, PA ST 68 P.S. § 398.4
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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