HB 2610 — Concerning the sale or lease of manufactured/mobile home communities and the property on which they sit.

H-3693.1HOUSEENGROSSED HOUSE BILL 2610State of Washington66th Legislature2020 Regular SessionByRepresentatives Duerr, Ramel, Kloba, Appleton, Walen, Harris, Ryu, Gregerson, Doglio, Dolan, Valdez, Tharinger, Santos, Pollet, and MacriRead first time 01/16/20.Referred to Committee on Civil Rights & Judiciary.AN ACT Relating to the sale or lease of manufactured/mobile home communities and the property on which they sit;

or (e) retirement;(20) "Qualified sale of manufactured/mobile home community" means the sale, as defined in RCW 82.45.010, of land and improvements comprising a manufactured/mobile home community that is transferred in a single purchase to a ((qualifiedqualified tenant organization))homeowners'organization association or to an eligible organization for the purpose of preserving the property as a manufactured/mobile home community;(21) (("Qualified"Qualified tenant organization"))"Homeowners'organization" association" means a formal organization of tenants within a manufactured/mobile home community, with the only requirement for membership consisting of being a tenant;(22) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;(23) "Service member" means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state;(24) "Tenant" means any person, except a transient, who rents a mobile home lot;(25) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence;(26) "Notice of opportunity to purchase" means a notice required under section 54 of this act;(27) "Resident nonprofit cooperative" means a nonprofit cooperative corporation formed by a group of manufactured/mobile home community residents for the purpose of acquiring the manufactured/mobile home community in which they reside and converting the manufactured/mobile home community to a mobile home park cooperative or manufactured housing cooperative.Sec.

RCW 59.20.300 and 2011 c 158 s 5 are each amended to read as follows:(1) A landlord must provide a written notice of sale of a manufactured/mobile home community by certified mail or personal delivery to:(a) Each tenant of the manufactured/mobile home community;(b) The officers of any known ((qualifiedqualified tenant organization))homeowners'organization;(c) association;(c) The office of mobile/manufactured home relocation assistance;(d) The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;(e) The housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists;

and(b) The contact information of the landlord or landlord's agent who is responsible for communicating with the ((qualifiedqualified tenant organization))tenants,organization, homeowners'tenants, association, or eligible organization regarding the sale of the property.NEW SECTION.  Sec.

A new section is added to chapter 59.20 RCW to read as follows:(1) Except as provided in subsection (5) of this section, a landlord must provide a written notice of opportunity to purchase a manufactured/mobile home community by certified mail or personal delivery to each tenant and to the department of commerce and the housing finance commission within:(a)within Threefourteen days after the date on which aany landlordadvertisement, receiveslisting, aor bonapublic fidenotice offeris first made that the manufactured/mobile home community, or property on which it sits, is for sale or lease.(2) The notice of opportunity to purchase orrequired leaseunder histhis section is in addition to the notice of sale required pursuant to RCW 59.20.300.(3) Notice by certified mail postmarked within the requisite number of days is deemed to comply with the requirements of this section.(4) A notice of opportunity to purchase must include:(a) A statement that the landlord intends to sell or herlease the manufactured/mobile home community or the property on which it sits;(b) A statement that:(i) Qualified tenant organizations and eligible organizations have forty-five days from the date on which the notice of opportunity to purchase was personally delivered or postmarked to provide the landlord with notice of intent to consider purchasing or leasing the manufactured/mobile home communitypark, isduring located;which time the landlord shall not make a final acceptance of an offer to purchase or lease the park;

or(b)and(ii) FourteenIf dayssuch after the date on which any advertisement, listing, or public notice is first made that the manufactured/mobile home community, or property on which it sits, is for sale or lease.(2) The notice of opportunityintent to purchase required pursuant to subsection (1)(b) of this section is inprovided addition to the noticelandlord ofwithin saleforty-five requireddays, pursuant to RCW 59.20.300.(3) Notice by certified mail postmarked within the requisitelandlord numbershall ofnot daysmake isa deemedfinal tounconditional complyacceptance with the requirements of thisan section.(4)offer A notice of opportunity to purchase must include:(a) A statement that the landlord is, or is not, considering the sale or lease of the manufactured/mobilepark home community or the property on which it sits;(b) A statement that:(i) Homeowners' associations and eligible organizations have forty-five days from thea dateperson onor whichentity theother noticethan ofa opportunityqualified totenant purchaseorganization was personally delivered or postmarkedeligible toorganization providefor thean landlordadditional withninety noticedays;(c) ofA intentsigned toaffidavit considerthat purchasingdiscloses or leasing the manufactured/mobileadvertised home park, during which time the landlord shall not make a final acceptance of an offer to purchase or leaselisted theselling park;price;

and(ii)and(d) IfThe suchcontact noticeinformation offor intentthe landlord or landlord's agent who is providedresponsible tofor communicating with the landlordtenants, withinqualified forty-fivetenant days,organization, theor landlordeligible shallorganization notregarding an opportunity to make aan finaloffer unconditionalfor acceptancethe sale of anthe offerproperty.(5) A notice of opportunity to purchase is not required with respect to a sale, transfer, conveyance, or lease of the parkmanufactured/mobile fromhome acommunity person or entitythe otherproperty thanon which it sits if the transaction is:(a) Due to foreclosure;(b) Incidental to financing the park;(c) Pursuant to eminent domain;(d) Pursuant to a homeowners'tax associationsale;(e) Between joint tenants or eligibletenants organizationin forcommon;(f) anAmong additionalthe onepartners hundredor twentyshareholders days;who own the manufactured/mobile home community;

and(c) The contact information for the landlord or landlord's agent who is responsible for communicating with the tenants, homeowners' association, or eligible organization regarding an opportunity to make an offer for the sale of the property.(5) A notice of opportunity to purchase is not required with respect to a sale, transfer, conveyance, or lease of the manufactured/mobile home community or the property on which it sits where the transaction is:(a) Due to foreclosure;(b) Incidental to financing the park;(c) Pursuant to eminent domain;(d) Pursuant to a tax sale;(e) Between joint tenants or tenants in common;(f) Among the partners or shareholders who own the manufactured/mobile home community;

A new section is added to chapter 59.20 RCW to read as follows:(1) If, within forty-five days after the date on which a notice of opportunity to purchase was personally delivered or postmarked, the landlord receives notice from a homeowners'qualified associationtenant organization or eligible organization expressing an intent to consider purchasing or leasing the manufactured/mobile home community, the landlord shall not make a final unconditional acceptance of an offer to purchase or lease the park from a person or entity other than a homeowners'qualified associationtenant organization or eligible organization for an additional oneninety hundred twenty days.(2) If no homeowners'qualified associationtenant organization or eligible organization provides notice expressing an intent to consider the purchase or lease within forty-five days after the date on which a notice of opportunity to purchase was personally delivered or postmarked, the landlord is not subject to the restrictions of subsection (1) of this section.Sec.

RCW 59.20.305 and 2008 c 116 s 5 are each amended to read as follows:A landlord intending to sell or lease a manufactured/mobile home community or the property on which it sits is ((encouraged))required to negotiate in good faith with ((qualifiedqualified tenant organizations))homeowners'organizations associations and eligible organizations.NEWorganizations. SECTION.  Sec.

Any qualified tenant organization or eligible organization that submits a notice of intent to purchase or lease a manufactured/mobile home community or the property on which it sits pursuant to section 5 of this act is required to negotiate in good faith with the landlord intending to sell or lease the manufactured/mobile home community or property on which it sits.NEW SECTION.  Sec.

A new section is added to chapter 59.20 RCW to read as follows:(1) The department of commerce must maintain a listregistry of all homeowners' associations and eligible organizations that submit to the department of commerce a written request to receive notices of opportunity to purchase or lease manufactured/mobile home communities pursuant to section 5 of this act.

The listdepartment of commerce must includeprovide theregistered followingeligible information:(a)organizations Thewith namenotices andof mailingopportunity addressto ofpurchase theonce homeowners'it associationreceives orsuch eligiblea organization;notice pursuant to section 4(1) of this act.

and(b)The Aregistry statementmust thatinclude the homeowners'following associationinformation:(a) or eligible organization wishes to purchase or lease a manufactured/mobile home community.(2) The departmentname ofand commercemailing mustaddress provide a copy of the listeligible requiredorganization; to be maintained under this section to any person upon request.NEW SECTION.  Sec.

and(b) A statement that the eligible organization wishes to purchase or lease a manufactured/mobile home community.(2) The department of commerce must provide a copy of the registry required to be maintained under this section to any person upon request.NEW SECTION.  Sec.

A new section is added to chapter 59.20 RCW to read as follows:(1) A landlord who sells or transfers a manufactured/mobile home community and willfully fails to comply with section 4 or 5 of this act or RCW 59.20.305 is liable to the state of Washington for a civil penalty in the amount of the greater of ten thousand dollarsdollars. or ten percent of the total sale price.