City Council has requested an overview of the regulations and procedures that govern the closure of mobile home parks in Auburn. Regulations have been established at both the state and city level. Chapter 14.20 of the Auburn City Code specifically addresses the local requirements for mobile home closures. Chapter 59.20 of the State RCW establishes a chapter of state law that is entitled “Manufactured/Mobile Home Landlord-Tenant Act” which is a different set of rules than the State’s residential landlord tenant laws. Chapter 59.21 of the State RCW established a chapter of state law entitled “Mobile Home Relocation Assistance”.
The purpose of this memo is to provide an overview of the regulatory requirements related to mobile home closures. The City of Auburn has not had reason to apply Chapter 14.20 therefore, staff is unable to provide information regarding practical application of the adopted rules.
SUMMARY OF CITY ORDINANCE – CHAPTER 14.20
Chapter 14.20 of the Auburn City Code was adopted under Ordinance No. 5746 adopted by City Council on March 17, 2003. A copy of Ordinance No. 5746 is provided under cover of this memo as Attachment A. The purpose of providing Ordinance No. 5746 is to offer both the city code language and the “Whereas” recital statements which provide useful background information. Chapter 14.20 has not been substantively amended since it was adopted under Ordinance No. 5746. As indicated above, the City has yet to implement Chapter 14.20 due to the fact that there have not been any mobile home park closures since 2003. While the full content of Chapter 14.20 is provided under Attachment A, the following is the table of contents excerpt which helps provide a sense of the types of regulations and procedures that are established along with some annotations that highlight key components (shown in italics):
14.20.010 Purpose.
14.20.020 Scope.
14.20.030 Enforcement – Inspection.
14.20.040 Exceptions.
14.20.050 Penalties. (failure to comply is a misdemeanor and results in a fine of up to $1,000 or imprisonment for a period up to 90 days)
14.20.060 Liability.
14.20.070 Eviction notices for change of use or closure of a mobile home park. (before closure, a plan must be submitted to the city; plan must include relocation report and plan; establishes a requirement that a 12 month notice of closure must be provided to park tenants)
14.20.080 Relocation report and plan. (outlines the details of the closure report and plan; park owners are required to assist tenants with relocation; once the city approves the report and plan it must be provided to tenants within 14 days)
14.20.090 Certificate of completion of the relocation report and plan. (city has authority to certify that relocation report and plan is complete which then allows owner to move forward with development proposal)
14.20.100 Notice of provisions.
14.20.110 Administration.
14.20.120 Appeal.
14.20.130 Closure and government sponsorship.
SUMMARY OF STATE REGULATIONS – RCW 59.20 AND RCW 59.21
- Chapter 59.20 of the RCW is entitled “Manufactured/Mobile Home Landlord-Tenant Act”. This law originally took effect in 1977. Attachment B provides the table of contents to Chapter 59.20 RCW. While the City does not enforce these laws, it is an important companion piece of legislation that outlines the rights of both the park owners and the tenants that reside within the park. The full legislation is provided at the following website:
http://app.leg.wa.gov/RCW/default.aspx?cite=59.20
Reviewing the table of contents provided in Attachment B provides a concise summary of the types of provisions that are contained within this statute.
- Chapter 59.21 of the RCW is entitled “Mobile Home Relocation Assistance”. This law originally took effect in 1991. Attachment C provides the table of contents to Chapter 59.21 RCW. This too, is legislation that is not administered by the City of Auburn. The full text of this Chapter of the RCW is available at the following website:
http://app.leg.wa.gov/RCW/default.aspx?cite=59.21
In addition to the table of contents, the purpose statement of Chapter 59.21 RCW helps capture the intent of this statute:
“The legislature recognizes that it is quite costly to move a mobile home. Many mobile home tenants need financial assistance in order to move their mobile homes from a mobile home park. The purpose of this chapter is to provide a mechanism for assisting mobile home tenants to relocate to suitable alternative sites when the mobile home park in which they reside is closed or converted to another use.”
Mobile home park owners are required to contribute funds to a State managed mobile home relocation fund. Tenants can apply for financial assistance when a mobile home park is closed. The law establishes priorities that can be applied when determining who is eligible to receive funds (e.g. highest priority are tenants of parks that close due to fraudulent activities of the park owner). Additionally, eligibility is limited to tenants that qualify as a low income household (adjusted income is less than 80% of the median family income within the county that the park is located). The mobile home park relocation fund is maintained and administered by the State Treasurer.
In addition to the fund that is established in this Chapter, there is also an exemption offered to mobile home owners whose home no longer meets modern fire, safety and construction codes. The effect of this exemption is to allow a mobile home owner to move their home from one park to another without upgrading the home to modern codes. The State legislature took this action due to the cost associated with updating a home to meet modern codes. The exemption precludes cities from adopting codes that are contrary to this exemption. |