Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 656 1 2 1 3 AN ACT 1 4 RELATING TO THE LICENSING AND REGULATION OF MANUFACTURED 1 5 OR MOBILE HOMES, AND PROVIDING COORDINATING AMENDMENTS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 322B.1, Code 2001, is amended by 1 10 striking the section and inserting in lieu thereof the 1 11 following: 1 12 322B.1 SHORT TITLE. 1 13 This chapter may be cited as the "Manufactured or Mobile 1 14 Home Retailers Licensing Act". 1 15 Sec. 2. Section 322B.2, Code 2001, is amended by striking 1 16 the section and inserting in lieu thereof the following: 1 17 322B.2 DEFINITIONS. 1 18 As used in this chapter, unless the context otherwise 1 19 requires: 1 20 1. "Department" means the state department of 1 21 transportation. 1 22 2. "Home" means a manufactured home, mobile home, or 1 23 modular home. 1 24 3. "Manufactured home" means a factory-built structure 1 25 built under the authority of 42 U.S.C. } 5403, that is 1 26 required by federal law to display a seal required by the 1 27 United States department of housing and urban development, and 1 28 was constructed on or after June 15, 1976. 1 29 4. "Manufactured or mobile home distributor" means a 1 30 person who sells or distributes manufactured or mobile homes 1 31 to manufactured home retailers. 1 32 5. "Manufactured or mobile home manufacturer" means a 1 33 person engaged in the business of fabricating or assembling 1 34 manufactured or mobile homes. 1 35 6. "Manufactured or mobile home retailer" means a person 2 1 who, for a commission or other thing of value, sells, 2 2 exchanges, or offers or attempts to negotiate a sale or 2 3 exchange of an interest in a home or who is engaged wholly or 2 4 in part in the business of selling homes, whether or not the 2 5 homes are owned by the retailer. "Manufactured or mobile home 2 6 retailer" does not include any of the following: 2 7 a. A receiver, trustee, administrator, executor, guardian, 2 8 attorney, or other person appointed by or acting under the 2 9 judgment or order of a court to transfer an interest in a 2 10 home. 2 11 b. A person transferring a home registered in the person's 2 12 name and used for personal, family, or household purposes, if 2 13 the transfer is an occasional sale and is not part of the 2 14 business of the transferor. 2 15 c. A person who transfers an interest in a home only as an 2 16 incident to engaging in the business of financing new or used 2 17 homes. 2 18 d. A person who exclusively sells modular homes. 2 19 7. "Mobile home" means a structure, transportable in one 2 20 or more sections, which exceeds eight feet in width and 2 21 thirty-two feet in length, and which is built on a permanent 2 22 chassis and designed to be used as a dwelling with or without 2 23 a permanent foundation when connected to one or more 2 24 utilities. A "mobile home" is not built to a mandatory 2 25 building code, contains no state or federal seals, and was 2 26 built before June 15, 1976. 2 27 8. "Modular home" means a factory-built structure which is 2 28 manufactured to be used as a place of human habitation, is 2 29 constructed to comply with the Iowa state building code for 2 30 modular factory-built structures, and displays a seal issued 2 31 by the state building code commissioner. 2 32 9. "New home" means a home that has not been sold at 2 33 retail. 2 34 10. "Preowned home" means a home that has been previously 2 35 sold at retail. 3 1 11. "Retailer's inventory" means homes offered for sale at 3 2 the retailer's licensed address or at any mobile home park or 3 3 land-lease community so long as the title of the home is in 3 4 the retailer's name and the home is not being occupied. 3 5 12. "Sell at retail" means to sell a home to a person who 3 6 will devote it to a consumer use. 3 7 Sec. 3. Section 322B.3, Code 2001, is amended to read as 3 8 follows: 3 9 322B.3 MANUFACTURED OR MOBILE HOMEDEALERRETAILER LICENSE 3 10 – PROCEDURE. 3 11 1. LICENSE APPLICATION. A manufactured or mobile home 3 12dealerretailer shall file in the office of the department an 3 13 application for license as a manufactured or mobile home 3 14dealerretailer in the same manner as a motor vehicle dealer 3 15 applicant under section 322.4 or as the department may 3 16 prescribe. A manufactured or mobile homedealerretailer 3 17 license may be issued in the same manner as a motor vehicle 3 18 dealer license pursuant to section 322.7. 3 19 2. LICENSE FEES. The license fee for a manufactured or 3 20 mobile homedealerretailer is seventy dollars for a two-year 3 21 license, one hundred forty dollars for a four-year license, or 3 22 two hundred ten dollars for a six-year license. If the 3 23 application is denied, the department shall refund the fee. 3 24 Fees and funds accruing from the administration of this 3 25 chapter shall be accounted for and paid by the department to 3 26 the treasurer of state monthly for deposit in the road use tax 3 27 fund of the state. 3 28 3. SURETY BOND. Before the issuance of a manufactured or 3 29 mobile homedealer'sretailer's license, an applicant for a 3 30 license shall file with the department a surety bond executed 3 31 by the applicant as principal and executed by a corporate 3 32 surety company, licensed and qualified to do business within 3 33 this state, which bond shall run to the state of Iowa, be in 3 34 the amount of fifty thousand dollars and be conditioned upon 3 35 the faithful compliance by the applicant as adealerretailer 4 1 with all of the statutes of this state regulating the business 4 2 of thedealerretailer and indemnifying any person dealing or 4 3 transacting business with thedealerretailer in connection 4 4 with a manufactured or mobile home, from a loss or damage 4 5 occasioned by the failure of thedealerretailer to comply 4 6 with this chapter, including, but not limited to, the 4 7 furnishing of a proper and valid document of title to the 4 8 manufactured or mobile home involved in the transaction. 4 9 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS.Mobile4 10 Manufactured or mobile homedealersretailers, in addition to 4 11 sellingmobilehomes at their principal place of business and 4 12 lots, may, upon receipt of a temporary permit approved by the 4 13 department, display and offer newmobilemanufactured homes 4 14 for sale and negotiate sales of newmobilemanufactured homes 4 15 at fairs, shows, and exhibitions which are approved by the 4 16 department. Application for temporary permits shall be made 4 17 upon forms provided by the department and shall be accompanied 4 18 by a ten dollar permit fee. Temporary permits shall be issued 4 19 for a period not to exceed fourteen days. 4 20 5. MANUFACTURED OR MOBILE HOME HOOKUPS. A manufactured or 4 21 mobile homedealerretailer or an employee of a manufactured 4 22 or mobile homedealerretailer may perform water, gas, 4 23 electrical, and other utility service connections in a 4 24 manufactured or mobile home space, or within ten feet of such 4 25 space, located in a manufactured home community or mobile home 4 26 park, and thedealerretailer or an employee of thedealer4 27 retailer may install a tie-down system on a manufactured or 4 28 mobile home located in a manufactured home community or mobile 4 29 home park. The connections are subject to inspection and 4 30 approval by local building code officials and the manufactured 4 31 or mobile homedealerretailer shall pay the inspection fee, 4 32 if any. 4 33 Sec. 4. Section 322B.4, Code 2001, is amended to read as 4 34 follows: 4 35 322B.4 LICENSE APPLICATION AND FEES. 5 1 Upon application and payment of a thirty-five dollar fee, a 5 2 person may be licensed as a manufacturer or distributor of 5 3 manufactured or mobile homes. The application shall be in the 5 4 form and shall contain information as the department 5 5 prescribes. The license shall be granted or refused within 5 6 thirty days after application. The license expires, unless 5 7 sooner revoked or suspended by the department, on December 31 5 8 of the calendar year for which the license was granted. A 5 9 licensee shall have the month of December of the calendar year 5 10 for which the license was granted and the following month of 5 11 January to renew the license. A person who fails to renew a 5 12 license by the end of this time period and desires to hold a 5 13 license shall file a new license application and pay the 5 14 required fee. 5 15 Sec. 5. Section 322B.5, Code 2001, is amended to read as 5 16 follows: 5 17 322B.5 NOTIFICATION. 5 18 The department shall notify the state building code 5 19 commissioner of each license issued to a manufactured or 5 20 mobile homedealerretailer. 5 21 Sec. 6. Section 322B.6, Code 2001, is amended to read as 5 22 follows: 5 23 322B.6 REVOCATION, SUSPENSION, AND DENIAL OF LICENSE. 5 24 The department may revoke, suspend, or refuse the license 5 25 of a manufactured or mobile homedealerretailer, manufactured 5 26 or mobile home manufacturer, or manufactured or mobile home 5 27 distributor, as applicable, if the department finds that the 5 28 manufactured or mobile homedealerretailer, manufacturer, or 5 29 distributor is guilty of any of the following acts or 5 30 offenses: 5 31 1. Fraud in procuring a license. 5 32 2. Knowingly making misleading, deceptive, untrue or 5 33 fraudulent representations in the business of a manufactured 5 34 or mobile homedealerretailer, manufacturer, or distributor 5 35 or engaging in unethical conduct or practice harmful or 6 1 detrimental to the public. 6 2 3. Conviction of a felony related to the business of a 6 3 manufactured or mobile homedealerretailer, manufacturer, or 6 4 distributor. A copy of the record of conviction or plea of 6 5 guilty shall be sufficient evidence for the purposes of this 6 6 section. 6 7 4. Failing upon the sale or transfer of a manufactured or 6 8 mobile home to deliver to the purchaser or transferee of the 6 9 manufactured or mobile home sold or transferred, a 6 10 manufacturer's or importer's certificate, or a certificate of 6 11 title duly assigned, as provided in chapter 321. 6 12 5. Failing upon the purchasing or otherwise acquiring of a 6 13 manufactured or mobile home to obtain a manufacturer's or 6 14 importer's certificate, a new certificate of title or a 6 15 certificate of title duly assigned as provided in chapter 321. 6 16 6. Failing to apply for and obtain from a county treasurer 6 17 a certificate of title for a used manufactured or mobile home, 6 18 titled in Iowa, acquired by thedealerretailer within thirty 6 19 days from the date of acquisition, as required under section 6 20 321.45, subsection 4. 6 21 In accordance with chapters 10A and 17A, each person whose 6 22 license or application is revoked, suspended, or refused shall 6 23 be provided an opportunity for a hearing before the department 6 24 of inspections and appeals. 6 25 Sec. 7. Section 322B.8, Code 2001, is amended to read as 6 26 follows: 6 27 322B.8 UNLAWFUL PRACTICE. 6 28 It is unlawful for a person to engage in business as a 6 29 manufactured or mobile homedealerretailer, manufactured or 6 30 mobile home manufacturer, or manufactured or mobile home 6 31 distributor in this state without first acquiring and 6 32 maintaining a license in accordance with this chapter. A 6 33 person convicted of violating the provisions of this section 6 34 is guilty of a serious misdemeanor. 6 35 Sec. 8. Section 322B.9, Code 2001, is amended to read as 7 1 follows: 7 2 322B.9 MANUFACTURED HOME, MOBILE HOME, AND MODULAR HOME 7 3 RETAIL INSTALLMENT CONTRACT – FINANCE CHARGE. 7 4 A retail installment contract or agreement for the sale of 7 5 a manufactured home, mobile home, or modular home may include 7 6 a finance charge not in excess of an amount equivalent to one 7 7 and three-fourths percent per month simple interest on the 7 8 declining balance of the amount financed. 7 9 "Amount financed" shall be as defined in section 537.1301. 7 10 The limitations contained in this section do not apply in a 7 11 transaction referred to in section 535.2, subsection 2. With 7 12 respect to a consumer credit sale, as defined in section 7 13 537.1301, the limitations contained in this section supersede 7 14 conflicting provisions of chapter 537, article 2, part 2. 7 15 Sec. 9. Section 331.301, subsection 15, Code 2001, is 7 16 amended to read as follows: 7 17 15. a. A county may adopt and enforce an ordinance 7 18 requiring the construction of a storm shelter at a 7 19 manufactured home community or mobile home park which is 7 20 constructed after July 1, 1999. In lieu of requiring 7 21 construction of a storm shelter, a county may require a 7 22 community or park owner to provide a plan for the evacuation 7 23 of community or park residents to a safe place of shelter in 7 24 times of severe weather including tornadoes and high winds if 7 25 the county determines that a safe place of shelter is 7 26 available within a reasonable distance of the manufactured 7 27 home community or mobile home park for use by community or 7 28 park residents. Each evacuation plan prepared pursuant to 7 29 this subsection shall be filed with, and approved by, the 7 30 local emergency management agency. If construction of a storm 7 31 shelter is required, an ordinance adopted or enforced pursuant 7 32 to this subsection shall not include any of the following 7 33 requirements: 7 34 (1) That the size of the storm shelter be larger than the 7 35 equivalent of seven square feet for each manufactured or 8 1 mobile home space in the manufactured home community or mobile 8 2 home park. 8 3 (2) That the storm shelter include a restroom if the 8 4 shelter is used exclusively as a storm shelter. 8 5 (3) That the storm shelter exceed the construction 8 6 specifications approved by a licensed professional engineer 8 7 and presented by the owner of the manufactured home community 8 8 or mobile home park. 8 9 (4) That the shelter be located any closer than one 8 10 thousand three hundred twenty feet from any manufactured or 8 11 mobile home in the manufactured home community or mobile home 8 12 park. 8 13 b. For the purposes of this subsection: 8 14 (1) "Manufactured home community" means the same as land- 8 15 leased community defined in sections 335.30A and 414.28A. 8 16(1)(2) "Mobile home park" means a mobile home park as 8 17 defined in section 562B.7. 8 18(2)(3) "Storm shelter" means a single structure or 8 19 multiple structures designed to provide persons with temporary 8 20 protection from a storm. 8 21 Sec. 10. Section 364.3, subsections 5 and 8, Code 2001, 8 22 are amended to read as follows: 8 23 5. A city shall not adopt or enforce any ordinance 8 24 imposing any registration or licensing system or registration 8 25 or license fees for owner-occupied manufactured or mobile 8 26 homes including the lots or lands upon which they are located. 8 27 A city shall not adopt or enforce any ordinance imposing any 8 28 registration or licensing system, or registration or license 8 29 fees, or safety or sanitary standards for rental manufactured 8 30 or mobile homes unless similar registration or licensing 8 31 system, or registration or license fees, or safety or sanitary 8 32 standards are required for other rental properties intended 8 33 for human habitation. This subsection does not preclude the 8 34 investigation and abatement of a nuisance or the enforcement 8 35 of a tiedown system, or the enforcement of any regulations of 9 1 the state or local board of health if those regulations apply 9 2 to other rental properties or to owner-occupied housing 9 3 intended for human habitation. 9 4 8. a. A city may adopt and enforce an ordinance requiring 9 5 the construction of a storm shelter at a manufactured home 9 6 community or mobile home park which is constructed after July 9 7 1, 1999. In lieu of requiring construction of a storm 9 8 shelter, a city may require a community or park owner to 9 9 provide a plan for the evacuation of community or park 9 10 residents to a safe place of shelter in times of severe 9 11 weather including tornadoes and high winds if the city 9 12 determines that a safe place of shelter is available within a 9 13 reasonable distance of the manufactured home community or 9 14 mobile home park for use by community or park residents. Each 9 15 evacuation plan prepared pursuant to this subsection shall be 9 16 filed with, and approved by, the local emergency management 9 17 agency. If construction of a storm shelter is required, an 9 18 ordinance adopted or enforced pursuant to this subsection 9 19 shall not include any of the following requirements: 9 20 (1) That the size of the storm shelter be larger than the 9 21 equivalent of seven square feet for each manufactured or 9 22 mobile home space in the manufactured home community or mobile 9 23 home park. 9 24 (2) That the storm shelter include a restroom if the 9 25 shelter is used exclusively as a storm shelter. 9 26 (3) That the storm shelter exceed the construction 9 27 specifications approved by a licensed professional engineer 9 28 and presented by the owner of the manufactured home community 9 29 or mobile home park. 9 30 (4) That the shelter be located any closer than one 9 31 thousand three hundred twenty feet from any manufactured or 9 32 mobile home in the community. However, this restriction shall 9 33 not prohibit the adoption or enforcement of an ordinance that 9 34 requires a minimum of one shelter to be located in a 9 35 manufactured home community or mobile home park. 10 1 b. For the purposes of this subsection: 10 2 (1) "Manufactured home community" means the same as land- 10 3 leased community defined in sections 335.30A and 414.28A. 10 4(1)(2) "Mobile home park" means a mobile home park as 10 5 defined in section 562B.7. 10 6(2)(3) "Storm shelter" means a single structure or 10 7 multiple structures designed to provide persons with temporary 10 8 protection from a storm. 10 9 Sec. 11. Section 435.1, Code 2001, is amended to read as 10 10 follows: 10 11 435.1 DEFINITIONS. 10 12 The following definitions shall apply to this chapter: 10 13 1. Unless the context otherwise requires, "book", "list", 10 14 "record", or "schedule" kept by a county auditor, assessor, 10 15 treasurer, recorder, sheriff, or other county officer means 10 16 the county system as defined in section 445.1. 10 17 2. "Home" means a mobile home or a manufactured home. 10 18 3. "Manufactured home" means a factory-built structure 10 19 built under authority of 42 U.S.C. } 5403, that is required by 10 20 federal law to display a seal from the United States 10 21 department of housing and urban development, and was 10 22 constructed on or after June 15, 1976. If a manufactured home 10 23 is placed in a manufactured home community or a mobile home 10 24 park, the home must be titled and is subject to the 10 25 manufactured or mobile home square foot tax. If a 10 26 manufactured home is placed outside a manufactured home 10 27 community or a mobile home park, the home must be titled and 10 28 is to be assessed and taxed as real estate. 10 29 3A. "Manufactured home community" means the same as land- 10 30 leased community defined in sections 335.30A and 414.28A. 10 31 4. "Mobile home" means any vehicle without motive power 10 32 used or so manufactured or constructed as to permit its being 10 33 used as a conveyance upon the public streets and highways and 10 34 so designed, constructed, or reconstructed as will permit the 10 35 vehicle to be used as a place for human habitation by one or 11 1 more persons; but shall also include any such vehicle with 11 2 motive power not registered as a motor vehicle in Iowa. A 11 3 "mobile home" is not built to a mandatory building code, 11 4 contains no state or federal seals, and was built before June 11 5 15, 1976. If a mobile home is placed outside a mobile home 11 6 park, the home is to be assessed and taxed as real estate. 11 7 5. "Mobile home park" means a site, lot, field, or tract 11 8 of land upon which three or more mobile homes or manufactured 11 9 homes, or a combination of any of these homes are placed on 11 10 developed spaces and operated as a for-profit enterprise with 11 11 water, sewer or septic, and electrical services available. 11 12 The term "manufactured home community" or "mobile home 11 13 park" shall not be construed to include manufactured or mobile 11 14 homes, buildings, tents or other structures temporarily 11 15 maintained by any individual, educational institution, or 11 16 company on their own premises and used exclusively to house 11 17 their own labor or students. 11 18 A manufactured home community or a mobile home park must be 11 19 classified as to whether it is a residential manufactured home 11 20 community or a mobile home park or a recreational manufactured 11 21 home community or a mobile home park or both. The 11 22 manufactured home community or mobile home park residential 11 23 landlord and tenant Act only applies to residential 11 24 manufactured home communities or mobile home parks. 11 25 6. "Modular home" means a factory-built structure which is 11 26 manufactured to be used as a place of human habitation, is 11 27 constructed to comply with the Iowa state building code for 11 28 modular factory-built structures, and must display the seal 11 29 issued by the state building code commissioner. If a modular 11 30 home is placed in a manufactured home community or mobile home 11 31 park, the home is subject to the annual tax as required by 11 32 section 435.22. If a modular home is placed outside a 11 33 manufactured home community or a mobile home park, the home 11 34 shall be considered real property and is to be assessed and 11 35 taxed as real estate. 12 1 Sec. 12. Section 555C.1, Code 2001, is amended to read as 12 2 follows: 12 3 555C.1 DEFINITIONS. 12 4 As used in this chapter, unless the context otherwise 12 5 requires: 12 6 1. "Home" means a mobile home, modular home, or a 12 7 manufactured home as defined in section 435.1. 12 8 1A. "Manufactured home community" means a manufactured 12 9 home community as defined in section 435.1. 12 10 2. "Mobile home park" means a mobile home park as defined 12 11 in section 435.1. 12 12 3. "Personal property" includes personal property of the 12 13 owner or other occupant of the home, which is located in the 12 14 home, on the lot where the home is located, in the immediate 12 15 vicinity of the home or lot, or in any storage area provided 12 16 by the real property owner for use of the home owner or 12 17 occupant. 12 18 4. "Valueless home" means a home located in a manufactured 12 19 home community or a mobile home park including all other 12 20 personal property, where all of the following conditions 12 21 exist: 12 22 a. The home has been abandoned as defined in section 12 23 562B.27, subsection 1, and the home has not been removed after 12 24 the right to possession of the underlying real estate has been 12 25 terminated pursuant to chapter 648. 12 26 b. A lien of record, other than a tax lien as provided in 12 27 chapter 435, does not exist against the home. A lien exists 12 28 only if the real property owner receives notice of a lien on 12 29 the standardized registration form completed by an owner or 12 30 occupant pursuant to chapter 562B, or a lien has been filed in 12 31 the state or county records on a date before the home is 12 32 considered to be valueless. 12 33 c. The value of the home and other personal property is 12 34 equal to or less than the reasonable cost of disposal plus all 12 35 sums owing to the real property owner pertaining to the home. 13 1 Sec. 13. Section 562B.7, Code 2001, is amended to read as 13 2 follows: 13 3 562B.7 GENERAL DEFINITIONS. 13 4 Subject to additional definitions contained in subsequent 13 5 sections of this chapter which apply to specific sections 13 6 thereof, and unless the context otherwise requires, in this 13 7 chapter: 13 8 1. "Building and housing codes" include any law, 13 9 ordinance, or governmental regulation concerning fitness for 13 10 habitation, or the construction, maintenance, operation, 13 11 occupancy, use, or appearance of any manufactured home 13 12 community or mobile home park, dwelling unit, or manufactured 13 13 or mobile home space. 13 14 2. "Business" includes a corporation, government, 13 15 governmental subdivision or agency, business trust, estate, 13 16 trust, partnership or association, two or more persons having 13 17 a joint or common interest, and any other legal or commercial 13 18 entity which is a landlord, owner, manager, or constructive 13 19 agent pursuant to section 562B.14. 13 20 3. "Dwelling unit" excludes real property used to 13 21 accommodate a manufactured or mobile home. 13 22 4. "Landlord" means the owner, lessor, or sublessor of a 13 23 manufactured home community or a mobile home park and it also 13 24 means a manager of the manufactured home community or a mobile 13 25 home park who fails to disclose as required by section 13 26 562B.14. 13 27 4A. "Manufactured home community" means the same as land- 13 28 leased community defined in sections 335.30A and 414.28A. 13 29 5. "Mobile home" means any vehicle without motive power 13 30 used or so manufactured or constructed as to permit its being 13 31 used as a conveyance upon the public streets and highways and 13 32 so designed, constructed, or reconstructed as will permit the 13 33 vehicle to be used as a place for human habitation by one or 13 34 more persons; but shall also include any such vehicle with 13 35 motive power not registered as a motor vehicle in Iowa. 14 1 References in this chapter to "mobile home" include 14 2 "manufactured homes" and "modular homes" as those terms are 14 3 defined in section 435.1, if the manufactured homes or modular 14 4 homes are located in a manufactured home community or a mobile 14 5 home park. 14 6 6. "Mobile home park" shall mean any site, lot, field or 14 7 tract of land upon which three or more mobile homes, 14 8 manufactured homes, or modular homes or a combination of any 14 9 of these homes are placed on developed spaces and operated as 14 10 a for-profit enterprise with water, sewer or septic, and 14 11 electrical services available. 14 12 7. "Mobile home space" means a parcel of land for rent 14 13 which has been designed to accommodate a mobile home and 14 14 provide the required sewer and utility connections. 14 15 8. "Owner" means one or more persons, jointly or 14 16 severally, in whom is vested all or part of the legal title to 14 17 property or all or part of the beneficial ownership and a 14 18 right to present use and enjoyment of the manufactured home 14 19 community or the mobile home park. The term includes a 14 20 mortgagee in possession. 14 21 9. "Rent" means a payment to be made to the landlord under 14 22 the rental agreement. 14 23 10. "Rental agreement" means agreements, written or those 14 24 implied by law, and valid rules and regulations adopted under 14 25 section 562B.19 embodying the terms and conditions concerning 14 26 the use and occupancy of a mobile home space. 14 27 11. "Rental deposit" means a deposit of money to secure 14 28 performance of a mobile home space rental agreement under this 14 29 chapter other than a deposit which is exclusively in advance 14 30 payment of rent. 14 31 12. "Tenant" means a person entitled under a rental 14 32 agreement to occupy a mobile home space to the exclusion of 14 33 others. 14 34 Sec. 14. Section 562B.9, unnumbered paragraph 2, Code 14 35 2001, is amended to read as follows: 15 1 Any notice required under this chaptergiven to all tenants15 2of a mobile home park, except a written notice of termination 15 3 required by section 562B.25, subsection 1 or 2, a notice of 15 4 termination and notice to quit under section 562B.25A, a 15 5 notice to quit as required by section 648.3, or a petition for 15 6 forcible entry and detainer pursuant to chapter 648, shall be 15 7 deemed legally sufficient notice if made by posting at or 15 8 delivering to each manufactured or mobile home space. The 15 9 date of posting of the notice shall be written on the notice. 15 10 Sec. 15. Sections 103A.3, 103A.30, 103A.31, 321.1, 321.47, 15 11 321.123, 321.251, 321.284A, 321.457, 321E.28, 321E.31, 15 12 331.429, 331.653, 422.43, 422A.1, 425.17, 426A.11, 427.11, 15 13 435.22, 441.17, 445.1, 445.36A, 445.37, 445.38, 515C.1, 15 14 534.605, 562B.2, 562B.13, 631.1, 631.4, and 648.3, Code 2001, 15 15 are amended by inserting before the words "mobile home" the 15 16 words "manufactured or". 15 17 Sec. 16. Sections 103A.9, 135I.4, 306C.10, 321.251, 15 18 331.301, 335.30, 414.28, 422.42, 427.1, 435.22, 435.23, 15 19 435.24, 435.26, 435.27, 435.28, 435.34, 435.35, 441.17, 15 20 555B.1, 555C.2, 555C.3, 555C.4, 557B.1, 562B.1, 562B.13, 15 21 562B.14, 562B.15, 562B.16, 562B.17, 562B.18, 562B.19, 562B.22, 15 22 562B.23, 562B.24, 562B.32, 648.22A, and 648.22B, Code 2001, 15 23 are amended by inserting before the words "mobile home park" 15 24 or "park" the words "manufactured home community or". 15 25 Sec. 17. Sections 321.1, 321.18, 321.20, 321.24, 321.30, 15 26 321.45, 321.46, 321.49, 321.50, 321.57, 321.101, 321.104, 15 27 321.123, and 423.4, Code 2001, are amended by striking the 15 28 words "manufactured housing" and inserting in lieu thereof the 15 29 words "manufactured home". 15 30 Sec. 18. Sections 321.46, 321.49, 321.57, 321.58, and 15 31 435.27, Code 2001, are amended by the striking the words 15 32 "mobile home dealer" or "dealer" and inserting in lieu thereof 15 33 the words "manufactured home retailer". 15 34 15 35 16 1 16 2 BRENT SIEGRIST 16 3 Speaker of the House 16 4 16 5 16 6 16 7 MARY E. KRAMER 16 8 President of the Senate 16 9 16 10 I hereby certify that this bill originated in the House and 16 11 is known as House File 656, Seventy-ninth General Assembly. 16 12 16 13 16 14 16 15 MARGARET THOMSON 16 16 Chief Clerk of the House 16 17 Approved , 2001 16 18 16 19 16 20 16 21 THOMAS J. VILSACK 16 22 Governor
Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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