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PAG LIN 1 1 Section 1. Section 322B.1, Code 2001, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 322B.1 SHORT TITLE. 1 5 This chapter may be cited as the "Manufactured or Mobile 1 6 Home Retailers Licensing Act". 1 7 Sec. 2. Section 322B.2, Code 2001, is amended by striking 1 8 the section and inserting in lieu thereof the following: 1 9 322B.2 DEFINITIONS. 1 10 As used in this chapter, unless the context otherwise 1 11 requires: 1 12 1. "Department" means the state department of 1 13 transportation. 1 14 2. "Home" means a manufactured home, mobile home, or 1 15 modular home. 1 16 3. "Manufactured home" means is a factory-built structure 1 17 built under the authority of 42 U.S.C. } 5403, that is 1 18 required by federal law to display a seal required by the 1 19 United States department of housing and urban development, and 1 20 was constructed on or after June 15, 1976. 1 21 4. "Manufactured or mobile home distributor" means a 1 22 person who sells or distributes manufactured or mobile homes 1 23 to manufactured home retailers. 1 24 5. "Manufactured or mobile home manufacturer" means a 1 25 person engaged in the business of fabricating or assembling 1 26 manufactured or mobile homes. 1 27 6. "Manufactured or mobile home retailer" means a person 1 28 who, for a commission or other thing of value, sells, 1 29 exchanges, or offers or attempts to negotiate a sale or 1 30 exchange of an interest in a home or who is engaged wholly or 1 31 in part in the business of selling homes, whether or not the 1 32 homes are owned by the retailer. "Manufactured or mobile home 1 33 retailer" does not include any of the following: 1 34 a. A receiver, trustee, administrator, executor, guardian, 1 35 attorney, or other person appointed by or acting under the 2 1 judgment or order of a court to transfer an interest in a 2 2 home. 2 3 b. A person transferring a home registered in the person's 2 4 name and used for personal, family, or household purposes, if 2 5 the transfer is an occasional sale and is not part of the 2 6 business of the transferor. 2 7 c. A person who transfers an interest in a home only as an 2 8 incident to engaging in the business of financing new or used 2 9 homes. 2 10 d. A person who exclusively sells modular homes. 2 11 7. "Mobile home" means a structure, transportable in one 2 12 or more sections, which exceeds eight feet in width and 2 13 thirty-two feet in length, and which is built on a permanent 2 14 chassis and designed to be used as a dwelling with or without 2 15 a permanent foundation when connected to one or more 2 16 utilities. A "mobile home" is not built to a mandatory 2 17 building code, contains no state or federal seals, and was 2 18 built before June 15, 1976. 2 19 8. "Modular home" means a factory-built structure which is 2 20 manufactured to be used as a place of human habitation, is 2 21 constructed to comply with the Iowa state building code for 2 22 modular factory-built structures, and displays a seal issued 2 23 by the state building code commissioner. 2 24 9. "New home" means a home that has not been sold at 2 25 retail. 2 26 10. "Preowned home" means a home that has been previously 2 27 sold at retail. 2 28 11. "Retailer's inventory" means homes offered for sale at 2 29 the retailer's licensed address or at any mobile home park or 2 30 land-lease community so long as the title of the home is in 2 31 the retailer's name and the home is not being occupied. 2 32 12. "Sell at retail" means to sell a home to a person who 2 33 will devote it to a consumer use. 2 34 Sec. 3. Section 322B.3, Code 2001, is amended to read as 2 35 follows: 3 1 322B.3 MANUFACTURED OR MOBILE HOMEDEALERRETAILER LICENSE 3 2 – PROCEDURE. 3 3 1. LICENSE APPLICATION. A manufactured or mobile home 3 4dealerretailer shall file in the office of the department an 3 5 application for license as a manufactured or mobile home 3 6dealerretailer in the same manner as a motor vehicle dealer 3 7 applicant under section 322.4 or as the department may 3 8 prescribe. A manufactured or mobile homedealerretailer 3 9 license may be issued in the same manner as a motor vehicle 3 10 dealer license pursuant to section 322.7. 3 11 2. LICENSE FEES. The license fee for a manufactured or 3 12 mobile homedealerretailer is seventy dollars for a two-year 3 13 license, one hundred forty dollars for a four-year license, or 3 14 two hundred ten dollars for a six-year license. If the 3 15 application is denied, the department shall refund the fee. 3 16 Fees and funds accruing from the administration of this 3 17 chapter shall be accounted for and paid by the department to 3 18 the treasurer of state monthly for deposit in the road use tax 3 19 fund of the state. 3 20 3. SURETY BOND. Before the issuance of a manufactured or 3 21 mobile homedealer'sretailer's license, an applicant for a 3 22 license shall file with the department a surety bond executed 3 23 by the applicant as principal and executed by a corporate 3 24 surety company, licensed and qualified to do business within 3 25 this state, which bond shall run to the state of Iowa, be in 3 26 the amount of fifty thousand dollars and be conditioned upon 3 27 the faithful compliance by the applicant as adealerretailer 3 28 with all of the statutes of this state regulating the business 3 29 of thedealerretailer and indemnifying any person dealing or 3 30 transacting business with thedealerretailer in connection 3 31 with a manufactured or mobile home, from a loss or damage 3 32 occasioned by the failure of thedealerretailer to comply 3 33 with this chapter, including, but not limited to, the 3 34 furnishing of a proper and valid document of title to the 3 35 manufactured or mobile home involved in the transaction. 4 1 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS.Mobile4 2 Manufactured or mobile homedealersretailers, in addition to 4 3 sellingmobilehomes at their principal place of business and 4 4 lots, may, upon receipt of a temporary permit approved by the 4 5 department, display and offer newmobilemanufactured homes 4 6 for sale and negotiate sales of newmobilemanufactured homes 4 7 at fairs, shows, and exhibitions which are approved by the 4 8 department. Application for temporary permits shall be made 4 9 upon forms provided by the department and shall be accompanied 4 10 by a ten dollar permit fee. Temporary permits shall be issued 4 11 for a period not to exceed fourteen days. 4 12 5. MANUFACTURED OR MOBILE HOME HOOKUPS. A manufactured or 4 13 mobile homedealerretailer or an employee of a manufactured 4 14 or mobile homedealerretailer may perform water, gas, 4 15 electrical, and other utility service connections in a 4 16 manufactured or mobile home space, or within ten feet of such 4 17 space, located in a manufactured home community or mobile home 4 18 park, and thedealerretailer or an employee of thedealer4 19 retailer may install a tie-down system on a manufactured or 4 20 mobile home located in a manufactured home community or mobile 4 21 home park. The connections are subject to inspection and 4 22 approval by local building code officials and the manufactured 4 23 or mobile homedealerretailer shall pay the inspection fee, 4 24 if any. 4 25 Sec. 4. Section 322B.4, Code 2001, is amended to read as 4 26 follows: 4 27 322B.4 LICENSE APPLICATION AND FEES. 4 28 Upon application and payment of a thirty-five dollar fee, a 4 29 person may be licensed as a manufacturer or distributor of 4 30 manufactured or mobile homes. The application shall be in the 4 31 form and shall contain information as the department 4 32 prescribes. The license shall be granted or refused within 4 33 thirty days after application. The license expires, unless 4 34 sooner revoked or suspended by the department, on December 31 4 35 of the calendar year for which the license was granted. A 5 1 licensee shall have the month of December of the calendar year 5 2 for which the license was granted and the following month of 5 3 January to renew the license. A person who fails to renew a 5 4 license by the end of this time period and desires to hold a 5 5 license shall file a new license application and pay the 5 6 required fee. 5 7 Sec. 5. Section 322B.5, Code 2001, is amended to read as 5 8 follows: 5 9 322B.5 NOTIFICATION. 5 10 The department shall notify the state building code 5 11 commissioner of each license issued to a manufactured or 5 12 mobile homedealerretailer. 5 13 Sec. 6. Section 322B.6, Code 2001, is amended to read as 5 14 follows: 5 15 322B.6 REVOCATION, SUSPENSION, AND DENIAL OF LICENSE. 5 16 The department may revoke, suspend, or refuse the license 5 17 of a manufactured or mobile homedealerretailer, manufactured 5 18 or mobile home manufacturer, or manufactured or mobile home 5 19 distributor, as applicable, if the department finds that the 5 20 manufactured or mobile homedealerretailer, manufacturer, or 5 21 distributor is guilty of any of the following acts or 5 22 offenses: 5 23 1. Fraud in procuring a license. 5 24 2. Knowingly making misleading, deceptive, untrue or 5 25 fraudulent representations in the business of a manufactured 5 26 or mobile homedealerretailer, manufacturer, or distributor 5 27 or engaging in unethical conduct or practice harmful or 5 28 detrimental to the public. 5 29 3. Conviction of a felony related to the business of a 5 30 manufactured or mobile homedealerretailer, manufacturer, or 5 31 distributor. A copy of the record of conviction or plea of 5 32 guilty shall be sufficient evidence for the purposes of this 5 33 section. 5 34 4. Failing upon the sale or transfer of a manufactured or 5 35 mobile home to deliver to the purchaser or transferee of the 6 1 manufactured or mobile home sold or transferred, a 6 2 manufacturer's or importer's certificate, or a certificate of 6 3 title duly assigned, as provided in chapter 321. 6 4 5. Failing upon the purchasing or otherwise acquiring of a 6 5 manufactured or mobile home to obtain a manufacturer's or 6 6 importer's certificate, a new certificate of title or a 6 7 certificate of title duly assigned as provided in chapter 321. 6 8 6. Failing to apply for and obtain from a county treasurer 6 9 a certificate of title for a used manufactured or mobile home, 6 10 titled in Iowa, acquired by thedealerretailer within thirty 6 11 days from the date of acquisition, as required under section 6 12 321.45, subsection 4. 6 13 In accordance with chapters 10A and 17A, each person whose 6 14 license or application is revoked, suspended, or refused shall 6 15 be provided an opportunity for a hearing before the department 6 16 of inspections and appeals. 6 17 Sec. 7. Section 322B.8, Code 2001, is amended to read as 6 18 follows: 6 19 322B.8 UNLAWFUL PRACTICE. 6 20 It is unlawful for a person to engage in business as a 6 21 manufactured or mobile homedealerretailer, manufactured or 6 22 mobile home manufacturer, or manufactured or mobile home 6 23 distributor in this state without first acquiring and 6 24 maintaining a license in accordance with this chapter. A 6 25 person convicted of violating the provisions of this section 6 26 is guilty of a serious misdemeanor. 6 27 Sec. 8. Section 322B.9, Code 2001, is amended to read as 6 28 follows: 6 29 322B.9 MANUFACTURED HOME, MOBILE HOME, AND MODULAR HOME 6 30 RETAIL INSTALLMENT CONTRACT – FINANCE CHARGE. 6 31 A retail installment contract or agreement for the sale of 6 32 a manufactured home, mobile home, or modular home may include 6 33 a finance charge not in excess of an amount equivalent to one 6 34 and three-fourths percent per month simple interest on the 6 35 declining balance of the amount financed. 7 1 "Amount financed" shall be as defined in section 537.1301. 7 2 The limitations contained in this section do not apply in a 7 3 transaction referred to in section 535.2, subsection 2. With 7 4 respect to a consumer credit sale, as defined in section 7 5 537.1301, the limitations contained in this section supersede 7 6 conflicting provisions of chapter 537, article 2, part 2. 7 7 Sec. 9. Section 331.301, subsection 15, Code 2001, is 7 8 amended to read as follows: 7 9 15. a. A county may adopt and enforce an ordinance 7 10 requiring the construction of a storm shelter at a 7 11 manufactured home community or mobile home park which is 7 12 constructed after July 1, 1999. In lieu of requiring 7 13 construction of a storm shelter, a county may require a 7 14 community or park owner to provide a plan for the evacuation 7 15 of community or park residents to a safe place of shelter in 7 16 times of severe weather including tornadoes and high winds if 7 17 the county determines that a safe place of shelter is 7 18 available within a reasonable distance of the manufactured 7 19 home community or mobile home park for use by community or 7 20 park residents. Each evacuation plan prepared pursuant to 7 21 this subsection shall be filed with, and approved by, the 7 22 local emergency management agency. If construction of a storm 7 23 shelter is required, an ordinance adopted or enforced pursuant 7 24 to this subsection shall not include any of the following 7 25 requirements: 7 26 (1) That the size of the storm shelter be larger than the 7 27 equivalent of seven square feet for each manufactured or 7 28 mobile home space in the manufactured home community or mobile 7 29 home park. 7 30 (2) That the storm shelter include a restroom if the 7 31 shelter is used exclusively as a storm shelter. 7 32 (3) That the storm shelter exceed the construction 7 33 specifications approved by a licensed professional engineer 7 34 and presented by the owner of the manufactured home community 7 35 or mobile home park. 8 1 (4) That the shelter be located any closer than one 8 2 thousand three hundred twenty feet from any manufactured or 8 3 mobile home in the manufactured home community or mobile home 8 4 park. 8 5 b. For the purposes of this subsection: 8 6 (1) "Manufactured home community" means the same as land- 8 7 leased community defined in sections 335.30A and 414.28A. 8 8(1)(2) "Mobile home park" means a mobile home park as 8 9 defined in section 562B.7. 8 10(2)(3) "Storm shelter" means a single structure or 8 11 multiple structures designed to provide persons with temporary 8 12 protection from a storm. 8 13 Sec. 10. Section 364.3, subsections 5 and 8, Code 2001, 8 14 are amended to read as follows: 8 15 5. A city shall not adopt or enforce any ordinance 8 16 imposing any registration or licensing system or registration 8 17 or license fees for owner-occupied manufactured or mobile 8 18 homes including the lots or lands upon which they are located. 8 19 A city shall not adopt or enforce any ordinance imposing any 8 20 registration or licensing system, or registration or license 8 21 fees, or safety or sanitary standards for rental manufactured 8 22 or mobile homes unless similar registration or licensing 8 23 system, or registration or license fees, or safety or sanitary 8 24 standards are required for other rental properties intended 8 25 for human habitation. This subsection does not preclude the 8 26 investigation and abatement of a nuisance or the enforcement 8 27 of a tiedown system, or the enforcement of any regulations of 8 28 the state or local board of health if those regulations apply 8 29 to other rental properties or to owner-occupied housing 8 30 intended for human habitation. 8 31 8. a. A city may adopt and enforce an ordinance requiring 8 32 the construction of a storm shelter at a manufactured home 8 33 community or mobile home park which is constructed after July 8 34 1, 1999. In lieu of requiring construction of a storm 8 35 shelter, a city may require a community or park owner to 9 1 provide a plan for the evacuation of community or park 9 2 residents to a safe place of shelter in times of severe 9 3 weather including tornadoes and high winds if the city 9 4 determines that a safe place of shelter is available within a 9 5 reasonable distance of the manufactured home community or 9 6 mobile home park for use by community or park residents. Each 9 7 evacuation plan prepared pursuant to this subsection shall be 9 8 filed with, and approved by, the local emergency management 9 9 agency. If construction of a storm shelter is required, an 9 10 ordinance adopted or enforced pursuant to this subsection 9 11 shall not include any of the following requirements: 9 12 (1) That the size of the storm shelter be larger than the 9 13 equivalent of seven square feet for each manufactured or 9 14 mobile home space in the manufactured home community or mobile 9 15 home park. 9 16 (2) That the storm shelter include a restroom if the 9 17 shelter is used exclusively as a storm shelter. 9 18 (3) That the storm shelter exceed the construction 9 19 specifications approved by a licensed professional engineer 9 20 and presented by the owner of the manufactured home community 9 21 or mobile home park. 9 22 (4) That the shelter be located any closer than one 9 23 thousand three hundred twenty feet from any manufactured or 9 24 mobile home in the community. 9 25 b. For the purposes of this subsection: 9 26 (1) "Manufactured home community" means the same as land- 9 27 leased community defined in sections 335.30A and 414.28A. 9 28(1)(2) "Mobile home park" means a mobile home park as 9 29 defined in section 562B.7. 9 30(2)(3) "Storm shelter" means a single structure or 9 31 multiple structures designed to provide persons with temporary 9 32 protection from a storm. 9 33 Sec. 11. Section 435.1, Code 2001, is amended to read as 9 34 follows: 9 35 435.1 DEFINITIONS. 10 1 The following definitions shall apply to this chapter: 10 2 1. Unless the context otherwise requires, "book", "list", 10 3 "record", or "schedule" kept by a county auditor, assessor, 10 4 treasurer, recorder, sheriff, or other county officer means 10 5 the county system as defined in section 445.1. 10 6 2. "Home" means a mobile home or a manufactured home. 10 7 3. "Manufactured home" means a factory-built structure 10 8 built under authority of 42 U.S.C. } 5403, that is required by 10 9 federal law to display a seal from the United States 10 10 department of housing and urban development, and was 10 11 constructed on or after June 15, 1976. If a manufactured home 10 12 is placed in a manufactured home community or a mobile home 10 13 park, the home must be titled and is subject to the 10 14 manufactured or mobile home square foot tax. If a 10 15 manufactured home is placed outside a manufactured home 10 16 community or a mobile home park, the home must be titled and 10 17 is to be assessed and taxed as real estate. 10 18 3A. "Manufactured home community" means the same as land- 10 19 leased community defined in sections 335.30A and 414.28A. 10 20 4. "Mobile home" means any vehicle without motive power 10 21 used or so manufactured or constructed as to permit its being 10 22 used as a conveyance upon the public streets and highways and 10 23 so designed, constructed, or reconstructed as will permit the 10 24 vehicle to be used as a place for human habitation by one or 10 25 more persons; but shall also include any such vehicle with 10 26 motive power not registered as a motor vehicle in Iowa. A 10 27 "mobile home" is not built to a mandatory building code, 10 28 contains no state or federal seals, and was built before June 10 29 15, 1976. If a mobile home is placed outside a mobile home 10 30 park, the home is to be assessed and taxed as real estate. 10 31 5. "Mobile home park" means a site, lot, field, or tract 10 32 of land upon which three or more mobile homes or manufactured 10 33 homes, or a combination of any of these homes are placed on 10 34 developed spaces and operated as a for-profit enterprise with 10 35 water, sewer or septic, and electrical services available. 11 1 The term "manufactured home community" or "mobile home 11 2 park" shall not be construed to include manufactured or mobile 11 3 homes, buildings, tents or other structures temporarily 11 4 maintained by any individual, educational institution, or 11 5 company on their own premises and used exclusively to house 11 6 their own labor or students. 11 7 A manufactured home community or a mobile home park must be 11 8 classified as to whether it is a residential manufactured home 11 9 community or a mobile home park or a recreational manufactured 11 10 home community or a mobile home park or both. The 11 11 manufactured home community or mobile home park residential 11 12 landlord and tenant Act only applies to residential 11 13 manufactured home communities or mobile home parks. 11 14 6. "Modular home" means a factory-built structure which is 11 15 manufactured to be used as a place of human habitation, is 11 16 constructed to comply with the Iowa state building code for 11 17 modular factory-built structures, and must display the seal 11 18 issued by the state building code commissioner. If a modular 11 19 home is placed in a manufactured home community or mobile home 11 20 park, the home is subject to the annual tax as required by 11 21 section 435.22. If a modular home is placed outside a 11 22 manufactured home community or a mobile home park, the home 11 23 shall be considered real property and is to be assessed and 11 24 taxed as real estate. 11 25 Sec. 12. Section 555C.1, Code 2001, is amended to read as 11 26 follows: 11 27 555C.1 DEFINITIONS. 11 28 As used in this chapter, unless the context otherwise 11 29 requires: 11 30 1. "Home" means a mobile home, modular home, or a 11 31 manufactured home as defined in section 435.1. 11 32 1A. "Manufactured home community" means a manufactured 11 33 home community as defined in section 435.1. 11 34 2. "Mobile home park" means a mobile home park as defined 11 35 in section 435.1. 12 1 3. "Personal property" includes personal property of the 12 2 owner or other occupant of the home, which is located in the 12 3 home, on the lot where the home is located, in the immediate 12 4 vicinity of the home or lot, or in any storage area provided 12 5 by the real property owner for use of the home owner or 12 6 occupant. 12 7 4. "Valueless home" means a home located in a manufactured 12 8 home community or a mobile home park including all other 12 9 personal property, where all of the following conditions 12 10 exist: 12 11 a. The home has been abandoned as defined in section 12 12 562B.27, subsection 1, and the home has not been removed after 12 13 the right to possession of the underlying real estate has been 12 14 terminated pursuant to chapter 648. 12 15 b. A lien of record, other than a tax lien as provided in 12 16 chapter 435, does not exist against the home. A lien exists 12 17 only if the real property owner receives notice of a lien on 12 18 the standardized registration form completed by an owner or 12 19 occupant pursuant to chapter 562B, or a lien has been filed in 12 20 the state or county records on a date before the home is 12 21 considered to be valueless. 12 22 c. The value of the home and other personal property is 12 23 equal to or less than the reasonable cost of disposal plus all 12 24 sums owing to the real property owner pertaining to the home. 12 25 Sec. 13. Section 562B.7, Code 2001, is amended to read as 12 26 follows: 12 27 562B.7 GENERAL DEFINITIONS. 12 28 Subject to additional definitions contained in subsequent 12 29 sections of this chapter which apply to specific sections 12 30 thereof, and unless the context otherwise requires, in this 12 31 chapter: 12 32 1. "Building and housing codes" include any law, 12 33 ordinance, or governmental regulation concerning fitness for 12 34 habitation, or the construction, maintenance, operation, 12 35 occupancy, use, or appearance of any manufactured home 13 1 community or mobile home park, dwelling unit, or manufactured 13 2 or mobile home space. 13 3 2. "Business" includes a corporation, government, 13 4 governmental subdivision or agency, business trust, estate, 13 5 trust, partnership or association, two or more persons having 13 6 a joint or common interest, and any other legal or commercial 13 7 entity which is a landlord, owner, manager, or constructive 13 8 agent pursuant to section 562B.14. 13 9 3. "Dwelling unit" excludes real property used to 13 10 accommodate a manufactured or mobile home. 13 11 4. "Landlord" means the owner, lessor, or sublessor of a 13 12 manufactured home community or a mobile home park and it also 13 13 means a manager of the manufactured home community or a mobile 13 14 home park who fails to disclose as required by section 13 15 562B.14. 13 16 4A. "Manufactured home community" means the same as land- 13 17 leased community defined in sections 335.30A and 414.28A. 13 18 5. "Mobile home" means any vehicle without motive power 13 19 used or so manufactured or constructed as to permit its being 13 20 used as a conveyance upon the public streets and highways and 13 21 so designed, constructed, or reconstructed as will permit the 13 22 vehicle to be used as a place for human habitation by one or 13 23 more persons; but shall also include any such vehicle with 13 24 motive power not registered as a motor vehicle in Iowa. 13 25 References in this chapter to "mobile home" include 13 26 "manufactured homes" and "modular homes" as those terms are 13 27 defined in section 435.1, if the manufactured homes or modular 13 28 homes are located in a manufactured home community or a mobile 13 29 home park. 13 30 6. "Mobile home park" shall mean any site, lot, field or 13 31 tract of land upon which three or more mobile homes, 13 32 manufactured homes, or modular homes or a combination of any 13 33 of these homes are placed on developed spaces and operated as 13 34 a for-profit enterprise with water, sewer or septic, and 13 35 electrical services available. 14 1 7. "Mobile home space" means a parcel of land for rent 14 2 which has been designed to accommodate a mobile home and 14 3 provide the required sewer and utility connections. 14 4 8. "Owner" means one or more persons, jointly or 14 5 severally, in whom is vested all or part of the legal title to 14 6 property or all or part of the beneficial ownership and a 14 7 right to present use and enjoyment of the manufactured home 14 8 community or the mobile home park. The term includes a 14 9 mortgagee in possession. 14 10 9. "Rent" means a payment to be made to the landlord under 14 11 the rental agreement. 14 12 10. "Rental agreement" means agreements, written or those 14 13 implied by law, and valid rules and regulations adopted under 14 14 section 562B.19 embodying the terms and conditions concerning 14 15 the use and occupancy of a mobile home space. 14 16 11. "Rental deposit" means a deposit of money to secure 14 17 performance of a mobile home space rental agreement under this 14 18 chapter other than a deposit which is exclusively in advance 14 19 payment of rent. 14 20 12. "Tenant" means a person entitled under a rental 14 21 agreement to occupy a mobile home space to the exclusion of 14 22 others. 14 23 Sec. 14. Section 562B.9, unnumbered paragraph 2, Code 14 24 2001, is amended to read as follows: 14 25 Any notice required under this chaptergiven to all tenants14 26of a mobile home park, except a written notice of termination 14 27 required by section 562B.25, subsection 1 or 2, a notice of 14 28 termination and notice to quit under section 562B.25A, a 14 29 notice to quit as required by section 648.3, or a petition for 14 30 forcible entry and detainer pursuant to chapter 648, shall be 14 31 deemed legally sufficient notice if made by posting at or 14 32 delivering to each manufactured or mobile home space. The 14 33 date of posting of the notice shall be written on the notice. 14 34 Sec. 15. Section 648.19, subsection 3, Code 2001, is 14 35 amended to read as follows: 15 1 3. An action under this chapter that is filed in 15 2 connection with another action in accordance with this section 15 3shallmay be treated as a merged case or may be treatedonly15 4 as a joint filing of separate cases. If the action is merged, 15 5 both actions shall follow the rules applicable to a forcible 15 6 entry and detention action. If a merger of actions is not 15 7 requested, the actions shall be treated as a joint filing of 15 8 separate cases and assigned separate case numbers, but with a 15 9 single filing fee.The court shall not merge the causes of15 10action.The court shall consider the jointly filed cases 15 11 separately and shall consider each case according to the rules 15 12 applicable to that type of case. 15 13 Sec. 16. Sections 103A.3, 103A.30, 103A.31, 321.1, 321.47, 15 14 321.123, 321.251, 321.284A, 321.457, 321E.28, 321E.31, 15 15 331.429, 331.653, 422.43, 422A.1, 425.17, 426A.11, 427.11, 15 16 435.22, 441.17, 445.1, 445.36A, 445.37, 445.38, 515C.1, 15 17 534.605, 562B.2, 562B.13, 631.1, 631.4, and 648.3, Code 2001, 15 18 are amended by inserting before the words "mobile home" the 15 19 words "manufactured or". 15 20 Sec. 17. Sections 103A.9, 135I.4, 306C.10, 321.251, 15 21 331.301, 335.30, 414.28, 422.42, 427.1, 435.22, 435.23, 15 22 435.24, 435.26, 435.27, 435.28, 435.34, 435.35, 441.17, 15 23 555B.1, 555C.2, 555C.3, 555C.4, 557B.1, 562B.1, 562B.13, 15 24 562B.14, 562B.15, 562B.16, 562B.17, 562B.18, 562B.19, 562B.22, 15 25 562B.23, 562B.24, 562B.32, 648.22A, and 648.22B, Code 2001, 15 26 are amended by inserting before the words "mobile home park" 15 27 or "park" the words "manufactured home community or". 15 28 Sec. 18. Sections 321.1, 321.18, 321.20, 321.24, 321.30, 15 29 321.45, 321.46, 321.49, 321.50, 321.57, 321.101, 321.104, 15 30 321.123, and 423.4, Code 2001, are amended by striking the 15 31 words "manufactured housing" and inserting in lieu thereof the 15 32 words "manufactured home". 15 33 Sec. 19. Sections 321.46, 321.49, 321.57, 321.58, and 15 34 435.27, Code 2001, are amended by the striking the words 15 35 "mobile home dealer" or "dealer" and inserting in lieu thereof 16 1 the words "manufactured home retailer". 16 2 EXPLANATION 16 3 This bill amends Code chapter 322B to make it apply to 16 4 licensing of manufactured home or mobile home retailers. 16 5 The bill also amends Code section 364.3 to specify the 16 6 power of cities to adopt certain ordinances imposing 16 7 registration or licensing on manufactured or mobile homes. 16 8 The bill also amends provisions of Code chapter 562B, the 16 9 mobile home parks residential landlord and tenant law, to 16 10 specify that the law applies to manufactured or mobile homes. 16 11 The bill also amends Code section 648.19, which relates to 16 12 forcible entry and detention actions, to provide that actions 16 13 for rent recovery under various Code chapters, including Code 16 14 chapter 562B, and actions for forcible entry and detention do 16 15 not have to be treated as a merged case. 16 16 The bill also amends numerous provisions in the Code to 16 17 specify that laws that relate to mobile homes also relate to 16 18 manufactured homes and that laws relating to mobile home parks 16 19 also relate to manufactured home communities. 16 20 A "manufactured home" is defined as a factory-built 16 21 structure built under the authority of federal law, that 16 22 displays a seal required by the United States department of 16 23 housing and urban development and that was constructed on or 16 24 after June 15, 1976. 16 25 A "mobile home" is defined as a transportable structure 16 26 that exceeds eight feet in width and 32 feet in length, built 16 27 on a permanent chassis and designed to be used as a dwelling 16 28 with or without a permanent foundation when connected to one 16 29 or more utilities. A "mobile home" is not built to a 16 30 mandatory building code, contains no state or federal seals, 16 31 and was built before June 15, 1976. 16 32 The bill also adds a new definition of "manufactured home 16 33 community" that means the same as "land-leased community" 16 34 defined in Code sections 335.30A and 414.28A. A land-leased 16 35 community is any site, lot, field, or tract of land under 17 1 common ownership upon which 10 or more occupied manufactured 17 2 homes are harbored, either free of charge or for revenue 17 3 purposes. 17 4 LSB 1821SC 79 17 5 av/cf/24
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