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§ 398.6. Disclosure of fees

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal PropertyEffective: March 18, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 P.S. Real and Personal Property (Refs & Annos)
Chapter 8. Landlord and Tenant (Refs & Annos)
Manufactured Home Community Rights Act (Refs & Annos)
Effective: March 18, 2011
68 P.S. § 398.6
§ 398.6. Disclosure of fees
Currentness
(a) All rent, fees, service charges and assessments payable to the community owner and utility charges for water, sewer, trash, Internet, cable, electricity and fuel charges payable to the owner and notice of any other utility charges for which the lessee may be responsible shall be fully disclosed in writing to a prospective manufactured home lessee prior to the manufactured home community owner or operator's acceptance of any initial deposit, fee or rent and prior to execution of the manufactured home space lease. For current manufactured home residents, the manufactured home community owner or operator shall fully disclose all rent, fees, service charges and assessments payable to the community owner and utility charges for water, sewer, trash, cable, electricity and fuel charges payable to others in writing prior to the execution of a mandatory lease of at least one month in duration.
(b) The manufactured home community owner may require that the prospective lessee or current lessee sign a receipt indicating receipt of a copy of the required disclosure and the manufactured home community rules and regulations so long as these documents are clearly identified in the receipt itself. The receipt shall indicate nothing more than that the documents identified in the receipt have been received by the lessee.
(c) Failure to disclose such rent, fees, service charges and assessments shall render them void and unenforceable in the courts of the Commonwealth. Increases in such rent, fees, service charges and assessments payable to the owner shall be unenforceable until 30 days after notice thereof has been posted in the public portion of the community office or other conspicuous and readily accessible place in the manufactured home community and mailed to the manufactured home lessee. However, rent shall not be increased during the term of the lease.
(d) The written disclosure shall contain a cover sheet with the following statement in 12-point, sans-serif type, except the term “five days” in the final paragraph of the notice shall appear in 16-point, sans-serif, bold type.
This document contains important information regarding your legal rights and your financial obligations in leasing or renewing or signing a new lease for a manufactured home space. Make sure that you read the entire document and seek legal advice if you have any questions regarding the information stated in this document.
The statements contained in this disclosure are only summary in nature. A prospective lessee should refer to all references, including all lease or rental agreement documents as well as any rules and regulations that have been established for the manufactured home community. Oral representations should not be relied on as correctly stating the representations of the manufactured home community owner or operator. Instead, you should refer to the lease or rental agreement and required disclosure documents for correct representations. You should also refer to the act of November 24, 1976 (P.L. 1176, No. 261), known as the Manufactured Home Community Rights Act, to become familiar with your obligations and rights as a manufactured home resident.
You have five calendar days from the date you received this documentation to cancel your agreement in writing to the manufactured home community owner or operator.
(e) All new leases, lease extensions and lease renewals, which are for more than a 60-day period, shall contain the following full disclosures:
(1) The manner in which utility and other services, including, but not limited to, sewage and waste disposal, cable television, water supply and storm drainage, will be provided, and the entity providing them. The services and the lot rental amount or user fees charged by the manufactured home community owner for the services provided by the manufactured home community owner shall also be disclosed.
(2) An explanation of the manner in which the manufactured home space rental amount will be increased, including, but not limited to, notification to the manufactured home lessee at least 60 days in advance of the increase.
(3) Disclosure of any factors that may affect the lot rental amount, including, but not limited to these factors:
(i) Water rates.
(ii) Sewer rates.
(iii) Waste disposal rates.
(iv) Maintenance costs, including costs of deferred maintenance.
(v) Management costs.
(vi) Property taxes.
(vii) Major repairs or improvements.
(viii) Any other fees, costs, assessments or service charges that the manufactured home lessee is required to pay or that the manufactured home owner or operator intends to charge during the terms of the lease or rental agreement.
(4) Disclosure of the manner in which the pass-through charges will be assessed.
(5) A report of the utility fees charged for the manufactured home space paid to the community owner by a prior lessee during the previous 12 months.
(6) Disclosure of all service charges currently charged for services offered which the manufactured home lessee may elect to incur and the manner in which the fees will be increased.
(7) Any manufactured home community rules and regulations that have been established and an explanation of the manner in which the rules and regulations will be set, changed or promulgated.
(8) The rent history of the manufactured home space for the three full calendar years immediately preceding the prospective initial rental agreement date. This information shall be for basic manufactured home space rental only and does not apply to other fees such as late charges and guest fees. Additionally, the calculation of rent history shall be posted in the public portion of the manufactured home community's rental office or other conspicuous and readily accessible place and in the same place as any rules and regulations that have been established for the manufactured home community are posted.
(9) Citations or other documents from Federal, State or local governmental agencies which require the manufactured home community owner to take corrective action, including citations from the Department of Environmental Protection regarding water and sewage. Such information shall also be posted within the community in the same place as manufactured home community rules and regulations are displayed until the corrective action has been completed.

Credits

1976, Nov. 24, P.L. 1176, No. 261, § 6, effective in 60 days. Amended 2010, Oct. 19, P.L. 546, No. 80, § 4, effective in 150 days [March 18, 2011].
68 P.S. § 398.6, PA ST 68 P.S. § 398.6
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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