HB 5428 — AN ACT CONCERNING MOBILE MANUFACTURED HOME PARKS.

In5428 connectionexists. with any investigation the Commissioner of Consumer Protection or the commissioner's authorized agent may administer oaths, issue subpoenas, compel testimony and order the HB5428 / File No.

587In 11connection HB5428with Fileany No.investigation the Commissioner of Consumer Protection or the commissioner's authorized agent may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents.

587 production of books, records and documents.

(B)LCO In5608 the12 eventof that22 theCommittee departmentBill requires the person completing an independent inspection report under this subsection to have training or be licensed in a particular area, the department shall include such HB5428 / File No.

5875428 12(B) HB5428In Filethe No.event that the department requires the person completing an independent inspection report under this subsection to have training or be licensed in a particular area, the department shall include such requirement in the first order the department issues to the mobile manufactured home park owner requiring such report.

587 requirement in the first order the department issues to the mobile manufactured home park owner requiring such report.

(7) Not later than ten days after a mobile manufactured home park owner receives an independent inspection report required under this subsection,LCO the5608 mobile13 manufacturedof home22 parkCommittee ownerBill shall provide to the department, in writing, a detailed plan to remedy the assessed condition, which plan shall include, at a minimum, a specific timeline, HB5428 / File No.

5875428 13subsection, HB5428the Filemobile No.manufactured home park owner shall provide to the department, in writing, a detailed plan to remedy the assessed condition, which plan shall include, at a minimum, a specific timeline, proposed contractors and a budget.

587 proposed contractors and a budget.

(e) Not later than January 1, 2026, the department shall establish a process for residents to submit complaints to the department regarding suspected violations of the provisions of this chapter, any regulations adoptedLCO pursuant5608 to14 thisof chapter22 orCommittee anyBill otherNo. state or local law or regulation concerning mobile manufactured home parks.

5428 adopted pursuant to this chapter or any other state or local law or regulation concerning mobile manufactured home parks.

Subsection (b) of section 21-80 of the general statutes is HB5428repealed /andthefollowing Fileissubstituted No.inlieuthereof(EffectiveOctober 1, 2025):

587 14 HB5428 File No.

587 repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2025):

or (E) A change in the use of the land on which such mobile manufactured home is located, provided all of the affected residents receive written notice (i) at least three hundred sixty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given before June 23, 1999, or (ii) at least five hundred forty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given on or after June 23, 1999, regardless of whether any other notice under this section or section 21-70, as amended by this act, has been givenLCO before5608 June15 23,of 1999;22 Committee Bill No.

provided5428 nothinggiven inbefore subsectionJune (f)23, of1999; section 21-70, as amended by this act, section 21-70a, as amended by this act, subsection (a) of this section, this subdivision and section 21-80b shall be construed to invalidate the effectiveness of or require the reissuance HB5428 / File No.

587provided 15nothing HB5428in Filesubsection No.(f) of section 21-70, as amended by this act, section 21-70a, as amended by this act, subsection (a) of this section, this subdivision and section 21-80b shall be construed to invalidate the effectiveness of or require the reissuance of any valid notice given before June 23, 1999.

587 of any valid notice given before June 23, 1999.

If the owner elects to evict based upon an allegation, pursuant to subdivision (8) of subsection (b) of section 21-82, that the resident failed to require other persons on the premises with the resident's consent to conduct themselves in a manner that will not constitute a serious nuisance, and the resident claims to haveLCO had5608 no16 knowledge of such22 conduct,Committee then,Bill ifNo. the owner establishes that thepremises have been used for the illegal sale of drugs, theburden shall be on the resident to show that the resident had no knowledge of the creation of the serious nuisance.

HB54285428 /have Filehad No.no knowledge of such conduct, then, if the owner establishes that thepremises have been used for the illegal sale of drugs, theburden shall be on the resident to show that the resident had no knowledge of the creation of the serious nuisance.

587(3) 16Notwithstanding HB5428the Fileprovisions No.of section 47a-23, termination of any tenancy in a mobile manufactured home park shall be effective only if made in the following manner:

587 (3) Notwithstanding the provisions of section 47a-23, termination of any tenancy in a mobile manufactured home park shall be effective only if made in the following manner:

or (B)By theownerthe owner giving theresident at least sixty days' writtennotice, which shall state the reason or reasons for such termination, except that, when termination is based upon subparagraph (A) of subdivision (1) of this subsection, the owner need give the resident only thirty days' written notice, which notice shall state the total arrearage due provided, the owner shall not maintain or proceed with a summary process action against a resident who tenders the total arrearage due to the owner within such thirty days and who has not so tendered an arrearage under this subparagraph during the preceding twelve months.

(a)LCO An5608 owner17 and a resident may include in a rental agreement terms and conditions not prohibited by law, including rent, term of the22 agreementCommittee andBill otherNo. provisions governing the rights and obligations of the parties.

5428 (a) An owner and a resident may include in a rental agreement terms and conditions not prohibited by law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

(1) Any provision by which the resident agrees to waive or forfeit HB5428rights /or Fileremedies No.under this chapter and sections 47a-21, as amended by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26h, inclusive, 47a- 35 to 47a-35b, inclusive, 47a-41a,47a-43 and47a-46,or under any section of the general statutes or any municipal ordinance, unless such section or ordinance expressly states that such rights may be waived;

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587 rights or remedies under this chapter and sections 47a-21, as amended by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26h, inclusive, 47a- 35 to 47a-35b, inclusive, 47a-41a,47a-43 and47a-46,or under any section of the general statutes or any municipal ordinance, unless such section or ordinance expressly states that such rights may be waived;

(6) Any provision allowing the owner to charge an amount in excess ofonemonth'srentfora security depositor toretainthesecurity deposit upon termination of the rental agreement if the resident has paid his or her rent in full as of the date of termination and has caused no damage to the property of the owner or to waive the resident's right to the interestLCO on5608 the18 securityof deposit22 pursuantCommittee toBill sectionNo. 47a-21, as amended by this act;

5428 interest on the security deposit pursuant to section 47a-21, as amended by this act;

(8) Any provision allowing the owner to charge ancillary fees in an HB5428aggregate /amount Filethat No.exceeds fifteen dollars annually;

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587 aggregate amount that exceeds fifteen dollars annually;

(b)LCO A5608 provision19 prohibitedof by22 thisCommittee chapterBill includedNo. in a rental agreement is unenforceable.

5428 (b) A provision prohibited by this chapter included in a rental agreement is unenforceable.

HB5428(i) /On Fileand No.after July 1, 1993, each landlord other than a landlord of a residential unit in any building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in [subdivisions (1), (2) and (3) of] section 21-64, as amended by this act, shall pay interest on each security deposit received by such landlord at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent.

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587 (i) On and after July 1, 1993, each landlord other than a landlord of a residential unit in any building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in [subdivisions (1), (2) and (3) of] section 21-64, as amended by this act, shall pay interest on each security deposit received by such landlord at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent.

No landlord shall increase the rent due from a tenant because of the requirement that the landlord pay on interestLCO the5608 security20 deposit.of 22 Committee Bill No.

5428 interest the security deposit.

(5) "Homestead" means owner-occupied real property, co-op or HB5428mobile /manufacturedhome,asdefinedin File[subdivision(1)of]section21- No.64, as amended by this act, used as a primary residence.

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587 mobile manufacturedhome,asdefinedin [subdivision(1)of]section21- 64, as amended by this act, used as a primary residence.

Section 1 October 1, 2025 Section 1 21-64 Sec.

7 October 1, 2025 47a-21(i) October 1, 2025 Sec.

8 October 1, 2025 52-352a(5) Sec.

9 July 1, 2025 New section GLLCO Joint5608 Favorable21 HB5428of /22 FileCommittee Bill No.

5875428 21GL HB5428Joint FileFavorable No.APP Joint Favorable LCO 5608 22 of 22

587 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ Consumer Protection, Dept.

GF - Cost 112,000 99,000 State Comptroller - Fringe GF - Cost 40,179 40,179 Benefits1 Note:

GF=General Fund Municipal Impact:

None Explanation The bill requires the Department of Consumer Protection (DCP) to regulate the water capacity and flow of fire hydrants at mobile manufactured home parks resulting in a cost to the state.

To meet the requirements of the bill DCP will have to hire one state program manager for a FY 26 cost of $112,000 and a FY 27 cost of $99,000, along with an annual associated fringe benefits cost of $40,179.

The additional employee is needed to analyze the water capacity and flow reports submitted by the mobile manufactured home parks, determine if a fire hydrant has insufficient capacity or flow, and ensure compliance with the reporting requirements of this section.

The bill also makes various changes to mobile manufactured home parks that result in no fiscal impact to the state.

The Out Years 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 40.71% of payroll in FY 26.

2This includes a one-time $10,000 cost to update the e-license system to accommodate the water capacity and flow reports required in the bill.

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587 The annualized ongoing fiscal impact identified above would continue into the future subject to employee wage increases and inflation.

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587 23 HB5428 File No.

587 OLR Bill Analysis HB 5428 AN ACT CONCERNING MOBILE MANUFACTURED HOME PARKS.

SUMMARY This bill makes a number of changes related to the operation of mobile manufactured home parks.

Among other things, it:

1.

limits rent increases after termination of a rental agreement with a resident who owns a mobile home to the rate of increase in the consumer price index plus 1% (§ 5);

2.

prohibits a rental agreement from charging more than $15 annually in ancillary fees and requires the Department of Consumer Protection (DCP) to adopt regulations on the disclosure of these fees (§§ 1, 2 & 6);

3.

increases, from $10,000 to $20,000, the amount of relocation expenses a park owner (“owner”) must pay a resident if the resident owns a mobile manufactured home that must be removed from the park due to a change in the park’s land use (§ 3);

4.

requires DCP, by January 1, 2026, to establish a process for residents to submit complaints about a suspected violation of laws or regulations, including local laws, governing mobile manufactured homes (§ 4);

5.

requires DCP to disclose certain documents related to mobile manufactured home parks regardless of whether there is an ongoing DCP investigation or enforcement action (§ 4);

6.

establishes a reporting process to address the water capacity and flow of a park’s fire hydrants (§ 9);

and HB5428 / File No.

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587 7.

makes technical and conforming changes.

EFFECTIVE DATE:

October 1, 2025, except the fire hydrant reporting requirement is effective July 1, 2025.

§§ 1 & 5 — RENT INCREASES Currently, an increase in rent after termination of a rental agreement with a resident who owns a mobile home must be consistent with rents for comparable lots in the park.

The bill permits a comparison to lots outside the park and limits a rent increase to the increase in the consumer price index over the prior 12 months plus 1%.

By law, an increase cannot be used as a way to avoid the law’s provisions on summary process for these residents and theowner must provide notice of the increase.

To calculate the consumer price index, the bill uses the consumer price index, annual average, for all urban consumers:

United States city average, all items, published by the U.S.

Department of Labor’s Bureau of Labor Statistics.

If this index is discontinued, the bill uses an equivalent index by a federal authority and, if that is unavailable, a comparable index from the Bureau of Labor Statistics.

By law, rental charges (including other landlord-imposed fees) are under a fair rent commission’s (FRC) purview, if one has been created locally (see BACKGROUND).

§§ 1, 2 & 6 — ANCILLARY FEES Under the bill, an “ancillary fee” is a payment to the owner under a rental agreement other than rent, a security deposit, or a penalty for overdue rent.

It includes maintenance fees and services fees.

The bill prohibits provisions in rental agreements that allow an owner to charge more than $15 annually in ancillary fees.

Existing law prohibits rental agreements from (1) containing certain provisions, such as any that allow a rent increase during the term of a rental agreement, and (2) placing certain restrictions on provisions such as those on termination for unpaid rent and penalties for overdue rent.

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587 The bill adds disclosure of ancillary fees and enumeration of the goods and services provided for the ancillary fees to the list of topics DCP must address in its regulations regarding owners’ disclosure statements.

§§ 2 & 3 — DISCONTINUED USE AS PARK Relocation Expenses The bill increases, from $10,000 to $20,000, the amount of relocation expenses an owner must pay a resident who owns a mobile manufactured home that must be removed from the park due to a change in the park’s land use.

This increase applies when the owner gives the resident a notice of summary process that expires on or after October 1, 2025, regardless of when it was given.

Appraisers The law establishes a process that permits an association of at least 25% of the units in a manufactured home park to negotiate to purchase the park when its owner intends to discontinue use of the land as a park or sell the park’s land to someone who will discontinue its use as a park.

As part of this process, if the association and owner cannot agree on a price and there is no bona fide offer for the association to match, the association has the right to purchase the property at a price determined by an appraiser.

The law establishes a process using three appraisers when the association and owner cannot agree on an appraiser.

The bill permits any appraiser involved in this process to use data on properties and parks located in other municipalities to establish the park’s value.

§ 4 — DCP DOCUMENT DISCLOSURE The bill makes the following documents DCP obtains subject to disclosure under the Freedom of Information Act and requires DCP to disclose them regardless of whether they are relevant to an ongoing investigation or enforcement action by DCP under the laws governing mobile manufactured homes:

1.

any books, records, documents, or files DCP has in relation to HB5428 / File No.

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587 investigations for potential action against a person’s license to operate a park and 2.

independent inspection reports ordered by DCP to assess the public health impact of a park’s condition, the owner’s proof of compliance regarding an independent inspection, the owner’s detailed plans to remedy a condition assessed by an independent inspection, and any DCP orders related to the independent inspection.

These disclosure requirements apply regardless of the law that generally makes documents DCP obtains during an investigation or enforcement action confidential until there is a final adjudication or settlement or the matter is closed.

§ 9 — PARK FIRE HYDRANTS The bill requires park owners to report to DCP annually, beginning by October 1, 2025, on the water capacity and flow of fire hydrants in a park.

Within 30 days after receiving a DCP determination that a fire hydrant has insufficient capacity or flow, an owner must begin submitting quarterly reports to DCP on progress made to increase the capacity or flow to a level DCP deems sufficient.

BACKGROUND Fair Rent Commissions State law generally authorizes municipalities, regardless of their size, to create an FRC.

However, legislation enacted in 2022 required all municipalities with populations of at least 25,000, based on the most recent decennial census, to have an FRC.

Among other things, an FRC’s purpose is to control and eliminate excessive (i.e.

harsh and unconscionable) rental charges.

Rental charges are defined to include any fee or charge a landlord imposes in addition to rent.

An FRC may order that a rental charge be reduced to a fair and equitable amount, as determined by the FRC, after holding a hearing on a complaint (CGS §§ 7-148b to 7-148g).

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587 Related Bills sSB 12, § 6 (File 251);

HB 6892 (File 265);

and sHB 6943, § 3 (File 233);

reported favorably by the Housing Committee, affect FRCs and among other things contain provisions that (1) require every municipality to establish or join an FRC, (2) require a landlord’s rent increase notice to include a statement that the tenant has the right to file a complaint with an FRC, and (3) modify the factors that FRCs use to evaluate rental charges.

sSB 1357, favorably reported by the General Law Committee, expands the responsibilities of mobile manufactured home park owners by requiring them to maintain septic systems, leaching fields, and septic lines and connections in good working order.

HB 5411, favorably reported by the General Law Committee, establishes a number of requirements for mobile manufactured home park ancillary fees, requires DCP to establish a complaint process for park residents, and extends the time before a new rental agreement that an owner must provide notice of a rent increase to a mobile manufactured home owner.

sHB 6889, favorably reported by the Housing Committee, expands certain eviction protections for certain tenants, including residents in mobile manufactured home parks.

COMMITTEE ACTION General Law Committee Joint Favorable Yea 14 Nay 7 (03/21/2025) HB5428 / File No.

587 28