Penalty.
1. A person that owns or purchases an existing mobile home park shall:
a. Obtain an annual license under section 23-10-03;
b. Designate an official local office, except if the mobile home park contains fewer
than twenty-six lots, which must be operational on the fifth business day after the
change of ownership;
c. The mobile home park shall:
(1)Have a designated telephone number manned on weekdays between the
hours of eight a.m. and five p.m.;
(2)Have an operational emergency contact number manned at all times;
(3)Designate at least one individual for the property who has the authority to
make decisions on behalf of and perform, or direct the performance of,
duties imposed on the owner; and
(4)Provide a tenant with the contact information of the individual under
paragraph 3;
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Penalty.
1. A person that owns or purchases an existing mobile home park shall:
a. Obtain an annual license under section 23-10-03;
b. Designate an official local office, except if the mobile home park contains fewer
than twenty-six lots, which must be operational on the fifth business day after the
change of ownership;
c. The mobile home park shall:
(1) Have a designated telephone number manned on weekdays between the
hours of eight a.m. and five p.m.;
(2) Have an operational emergency contact number manned at all times;
(3) Designate at least one individual for the property who has the authority to
make decisions on behalf of and perform, or direct the performance of,
duties imposed on the owner; and
(4) Provide a tenant with the contact information of the individual under
paragraph 3;
d. Provide written notice to a tenant of the mobile home park regarding the change
of ownership within five business days after the change of ownership becomes
effective. The written notice must include the information required under
subdivision c;
e. Acknowledge receipt of tenant inquiries or complaints regarding the park,
pursuant to section 23-10-10.1, within two business days of receiving the inquiry
or complaint;
f. Provide to each tenant, upon a written request by the tenant or the tenant's
agent, a copy of the existing lease terms along with any modifications or
amendments, within ten business days of receipt of a written request;
g. Provide each tenant with the name, address, and telephone number of the legal
entity that owns the mobile home park; and
h. Provide the telephone number of any existing property manager or designated
site agent.
2. A person that owns or purchases an existing mobile home park may not require a
tenant who owns a mobile home located on the property to sell or transfer ownership
of the home to the owner of the mobile home park, except as otherwise provided by
law.
3. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice of any modifications to park rules or regulations at least thirty
days before the date the modifications take effect. Except for the rules and regulations
under subsections 4 and 5, upon the effective date of modifications to park rules and
regulations, an owner shall provide a tenant who owns a dwelling unit that fails to
comply with the park rules and regulations written notice of the failure to comply and
provide the tenant three months to remedy the failure or vacate the premises before
initiating an action for eviction against the tenant. During the three-month period the
tenant shall comply with the park rules and regulations that were in effect before the
modifications became effective, including the payment of rent and any other financial
obligations under the terms of the lease. During the three-month period, if the tenant
provides the owner a signed document from a person in the business of relocating
mobile homes declaring it is not possible to relocate the tenant's dwelling unit within
the three-month period, the three-month period must be extended to a date when the
dwelling unit can be relocated or the date that is two months after the end of the
three-month period, whichever date occurs first.
4. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice of any modifications to park rules and regulations addressing
sanitation and safety concerns at least thirty days before the date the modifications
take effect.
5. A person that owns or purchases an existing mobile home park shall provide a tenant
advance written notice at least thirty days before implementing a rule or regulation
regarding the removal of a tongue hitch, or any other modification to the dwelling unit
to comply with state or federal housing or financing requirements.
6. Mobile home park rules in effect on the date advance written notice regarding
modifications is provided to a tenant remain in effect until the date the modified rules or
regulations take effect.
7. A person that purchases an existing mobile home park may not increase the monthly
tenant rental obligation for six months if the rental amount was increased within the
sixty-day period before the date the new owner acquired ownership of the park. Any
month-to-month tenancy agreement must provide a minimum of ninety days' notice to
the tenant before any rent increase is effective.
8. A person that owns or purchases an existing mobile home park may purchase utility
services, including water and sewer services on behalf of a tenant, and include the
amount in the monthly rental obligation or bill the tenant as a separate charge based
on actual usage. An owner may not charge a tenant more than the actual cost per unit
amount paid by the landlord to the utility service provider, except for a reasonable
administrative fee that may not exceed three dollars. An owner may not charge or back
charge for the utility services of a tenant paying for the services as a portion of the
tenant's monthly rental obligation, unless the cost of providing the services increases.
If the cost of providing utility services increases, an owner of a mobile home park may
charge a tenant a reasonable amount to cover the increased cost of providing the
service. A mobile home park may not charge a fee for a utility without an individual
meter for each mobile home. The owner shall provide the tenant access to the records
of meter readings taken at the mobile home lot of the tenant.
9. A mobile home park owner shall provide a tenant with a summary outlining the tenant's
lease and the rights and obligations of the tenant and mobile home park owner under
state law.
10. A notice of intent to evict a tenant from a mobile home park under section 47-32-02
must include clear, boldfaced language stating: "You do not have to vacate
immediately. You have the right to remain until a court issues an eviction order."
11. A mobile home park may not charge a monthly late fee of more than ten percent of the
monthly rent. In addition to the monthly late fee, a mobile home park may not charge a
daily late fee of more than five dollars per day.
12. A person that violates a provision of this section is subject to a civil penalty not less
than two thousand five hundred dollars but not exceeding the greater of ten thousand
dollars or actual damages, plus actual attorney's fees and costs.
13. A mobile home park license, issued under chapter 23-10, may be suspended by the
district court of the county where the mobile home park is situated for a violation of this
section. The holder of the mobile home park license must be assessed a civil penalty
for each day the holder's license remains suspended. The amount of the daily penalty
is equal to half of the total rent listed on the rent roll for the mobile home park divided
by the number of days in that month. The license holder must prove each violation has
been remedied and has satisfied all civil penalties assessed before the license holder's
license may be reinstated. The district court has discretion over the terms to be
satisfied before a license is reinstated. If a license holder fails to comply with the terms
of the district court's order, the district court may revoke the holder's license. All park
tenants must be allowed to continue to reside in the mobile home park through the
duration of the license suspension, unless the department of health and human
services takes further disciplinary action against the license under chapter 23-10.
During the period of suspension, the license holder or the license holder's agent may
not modify the park rules or regulations, modify any tenant's rental arrangement,
increase any tenant's rental rate, or terminate any tenant's lease without cause.
14. In a dispute between a landlord and a tenant under this section, the district court of the
county in which the dispute arose has original jurisdiction over the dispute relating to
the suspension of a license. For the recovery of civil damages under subsection 12,
the tenant may elect to commence the action in small claims court or district court. If
an action between a landlord and tenant is commenced, the tenant shall continue
paying rent and comply with all park rules and regulations in effect at the time the
action was commenced. During a pending action under this section, the license holder
or the license holder's agent may not modify the park rules or regulations, modify the
tenant's rental arrangement, increase a tenant's monthly rental rate, or terminate a
tenant's lease without cause.