Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 592-H.F.No. 1829 
                  An act relating to housing; requiring copies of 
                  evacuation plans for residents of manufactured home 
                  parks; amending Minnesota Statutes 1992, sections 
                  290A.19; 327C.01, by adding a subdivision; and 
                  327C.02, subdivision 5; Minnesota Statutes 1993 
                  Supplement, section 327.20, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 290A.19, is 
        amended to read: 
           290A.19 [OWNER OR MANAGING AGENT TO FURNISH RENT 
        CERTIFICATE.] 
           (a) The owner or managing agent of any property for which 
        rent is paid for occupancy as a homestead must furnish a 
        certificate of rent constituting property tax to a person who is 
        a renter on December 31, in the form prescribed by the 
        commissioner.  If the renter moves before December 31, the owner 
        or managing agent may give the certificate to the renter at the 
        time of moving, or mail the certificate to the forwarding 
        address if an address has been provided by the renter.  The 
        certificate must be made available to the renter before February 
        1 of the year following the year in which the rent was paid.  
        The owner or managing agent must retain a duplicate of each 
        certificate or an equivalent record showing the same information 
        for a period of three years.  The duplicate or other record must 
        be made available to the commissioner upon request.  For the 
        purposes of this section, "owner" includes a park owner as 
        defined under section 327C.01, subdivision 6, and "property" 
        includes a lot as defined under section 327C.01, subdivision 3. 
           (b) The certificate of rent constituting property taxes 
        must include the address of the property, including the county, 
        and the property tax parcel identification number and any 
        additional information that the commissioner determines is 
        appropriate. 
           (c) If the owner or managing agent fails to provide the 
        renter with a certificate of rent constituting property taxes, 
        the commissioner shall allocate the net tax on the building to 
        the unit on a square footage basis or other appropriate basis as 
        the commissioner determines.  The renter shall supply the 
        commissioner with a statement from the county treasurer that 
        gives the amount of property tax on the parcel, the address and 
        property tax parcel identification number of the property, and 
        the number of units in the building. 
           (d) By January 31 of the year following the year in which 
        the rent was collected, each owner or managing agent shall 
        report to the commissioner on a form prescribed by the 
        commissioner the net tax pertaining to the rental residential 
        part of the property, the total scheduled rent, and the fraction 
        computed under section 290A.03, subdivision 11.  A copy of the 
        property tax statement for taxes payable in that year must be 
        attached. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        327.20, subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] No domestic animals or house pets 
        of occupants of manufactured home parks or recreational camping 
        areas shall be allowed to run at large, or commit any nuisances 
        within the limits of a manufactured home park or recreational 
        camping area.  Each manufactured home park or recreational 
        camping area licensed under the provisions of sections 327.10, 
        327.11, 327.14 to 327.28 shall, among other things, provide for 
        the following, in the manner hereinafter specified: 
           (1) A responsible attendant or caretaker shall be in charge 
        of every manufactured home park or recreational camping area at 
        all times, who shall maintain the park or area, and its 
        facilities and equipment in a clean, orderly and sanitary 
        condition.  In any manufactured home park containing more than 
        50 lots, the attendant, caretaker, or other responsible park 
        employee, shall be readily available at all times in case of 
        emergency.  
           (2) All manufactured home parks shall be well drained and 
        be located so that the drainage of the park area will not 
        endanger any water supply.  No waste water from manufactured 
        homes or recreational camping vehicles shall be deposited on the 
        surface of the ground.  All sewage and other water carried 
        wastes shall be discharged into a municipal sewage system 
        whenever available.  When a municipal sewage system is not 
        available, a sewage disposal system acceptable to the state 
        commissioner of health shall be provided. 
           (3) No manufactured home shall be located closer than three 
        feet to the side lot lines of a manufactured home park, if the 
        abutting property is improved property, or closer than ten feet 
        to a public street or alley.  Each individual site shall abut or 
        face on a driveway or clear unoccupied space of not less than 16 
        feet in width, which space shall have unobstructed access to a 
        public highway or alley.  There shall be an open space of at 
        least ten feet between the sides of adjacent manufactured homes 
        including their attachments and at least three feet between 
        manufactured homes when parked end to end.  The space between 
        manufactured homes may be used for the parking of motor vehicles 
        and other property, if the vehicle or other property is parked 
        at least ten feet from the nearest adjacent manufactured home 
        position.  The requirements of this paragraph shall not apply to 
        recreational camping areas and variances may be granted by the 
        state commissioner of health in manufactured home parks when the 
        variance is applied for in writing and in the opinion of the 
        commissioner the variance will not endanger the health, safety, 
        and welfare of manufactured home park occupants. 
           (4) An adequate supply of water of safe, sanitary quality 
        shall be furnished at each manufactured home park or 
        recreational camping area.  The source of the water supply shall 
        first be approved by the state department of health.  
           (5) All plumbing shall be installed in accordance with the 
        rules of the state commissioner of health and the provisions of 
        the Minnesota plumbing code. 
           (6) In the case of a manufactured home park with less than 
        ten manufactured homes, a plan for the sheltering or the safe 
        evacuation to a safe place of shelter of the residents of the 
        park in times of severe weather conditions, such as tornadoes, 
        high winds, and floods.  The shelter or evacuation plan shall be 
        developed with the assistance and approval of the municipality 
        where the park is located and shall be posted at conspicuous 
        locations throughout the park.  The park owner shall provide 
        each resident with a copy of the approved shelter or evacuation 
        plan, as provided by section 327C.01, subdivision 1c.  Nothing 
        in this paragraph requires the department of health to review or 
        approve any shelter or evacuation plan developed by a park.  
        Failure of a municipality to approve a plan submitted by a park 
        shall not be grounds for action against the park by the 
        department of health if the park has made a good faith effort to 
        develop the plan and obtain municipal approval.  
           (7) A manufactured home park with ten or more manufactured 
        homes, licensed prior to March 1, 1988, shall provide a safe 
        place of shelter for park residents or a plan for the evacuation 
        of park residents to a safe place of shelter within a reasonable 
        distance of the park for use by park residents in times of 
        severe weather, including tornadoes and high winds.  The shelter 
        or evacuation plan must be approved by the municipality by March 
        1, 1989.  The municipality may require the park owner to 
        construct a shelter if it determines that a safe place of 
        shelter is not available within a reasonable distance from the 
        park.  A copy of the municipal approval and the plan shall be 
        submitted by the park owner to the department of health.  The 
        park owner shall provide each resident with a copy of the 
        approved shelter or evacuation plan, as provided by section 
        327C.01, subdivision 1c.  
           (8) A manufactured home park with ten or more manufactured 
        homes, receiving a primary license after March 1, 1988, must 
        provide the type of shelter required by section 327.205. 
           (9) For the purposes of this subdivision, "park owner" and 
        "resident" have the meaning given them in section 327C.01. 
           Sec. 3.  Minnesota Statutes 1992, section 327C.01, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [RESIDENT COPY; SHELTER PLAN 
        ATTACHED.] Beginning with rental agreements signed on August 1, 
        1994 or after, the park owner shall give a copy of the signed 
        rental agreement to each resident with a copy of the evacuation 
        or shelter plan attached.  In addition, for existing leases, by 
        August 15, 1994, the park owner shall provide each resident with 
        a copy of the park evacuation or shelter plan.  
           Sec. 4.  Minnesota Statutes 1992, section 327C.02, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WRITTEN NOTICE REQUIRED.] A prospective 
        resident, before being asked to sign a rental agreement, must be 
        given the following notice printed verbatim in boldface type of 
        a minimum size of ten points.  The notice and the safety feature 
        disclosure form required under section 327C.07, subdivision 3a, 
        must be posted in a conspicuous and public location in the park: 
                               "IMPORTANT NOTICE 
           State law provides special rules for the owners and 
        residents of manufactured home parks. 
           You may keep your home in the park as long as the park is 
        in operation and you meet your financial obligations, obey state 
        and local laws which apply to the park, obey reasonable park 
        rules, do not substantially annoy or endanger the other 
        residents or substantially endanger park personnel and do not 
        substantially damage the park premises.  You may not be evicted 
        or have your rent increased or your services cut for complaining 
        to the park owner or to a governmental official. 
           If you receive an eviction notice and do not leave the 
        park, the park owner may take you to court.  If you lose in 
        court, a sheriff may remove you and your home from the park 
        within seven days.  Or, the court may require you to leave the 
        park within seven days but give you 60 days to sell the home 
        within the park. 
           If you receive an eviction notice for a new or amended rule 
        and the court finds the rule to be reasonable and not a 
        substantial modification of your original agreement, the court 
        will not order you to leave but will order you to comply with 
        the rule within ten days.  If you do not comply within the time 
        given or if you violate the rule at a later time, you will be 
        subject to eviction.  
           All park rules and policies must be reasonable.  Your rent 
        may not be increased more than twice a year.  Changes made in 
        park rules after you become a park resident will not apply to 
        you if they substantially change your original agreement. 
           The park may not charge you an entrance fee.  
           The park may require a security deposit, but the deposit 
        must not amount to more than two months rent. 
           You have a right to sell the home in the park.  But the 
        sale is not final until the park owner approves the buyer as a 
        new resident, and you must advise in writing anyone who wants to 
        buy your home that the sale is subject to final approval by the 
        park owner.  You must also disclose in writing certain safety 
        information about your home to anyone who wants to buy it in the 
        park.  You must give this information to the buyer before the 
        sale, in writing, on the form that is attached to this notice.  
        You must completely and accurately fill out the form and you and 
        the buyer should each keep a copy.  
           Your rental agreement and the park rules contain important 
        information about your rights and duties.  Read them carefully 
        and keep a copy. 
           You must be given a copy of the shelter or evacuation plan 
        for the park.  This document contains information on where to 
        seek shelter in times of severe weather conditions.  You should 
        carefully review the plan and keep a copy. 
           By February 1 of each year, the park must give you a 
        certificate of rent constituting property taxes as required by 
        Minnesota Statutes, section 290A.19. 
           For further information concerning your rights, consult a 
        private attorney.  The state law governing the rental of lots in 
        manufactured home parks may also be enforced by the Minnesota 
        Attorney General." 
           In addition, the safety feature disclosure form required 
        under section 327C.07, subdivision 3a, must be attached to the 
        notice. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 6, 1994, 11:59 a.m.