Harford County, MD Article I General Standards for Mobile Home Parks

[Adopted by Bill No. 75-62]

§ 173-1 Definitions.

For the purposes of this Article, the following terms shall have the meanings indicated:

MOBILE HOME

A dwelling, including house trailers, but excluding camping trailers, travel trailers, truck campers and motor homes, which is a movable or portable unit designed and constructed to be towed on its own frame and wheels and designed to be connected to utilities for year-round occupancy. The term "mobile home" includes:

A. A unit containing parts that may be folded, collapsed or telescoped when towed and which is expandable to provide additional cubic capacity.

B. A unit composed of two (2) or more separately towable components designed to be jointed into one (1) integral unit capable of being separated into components for repeated towing.

C. A unit constructed under ANSI No. A119.1 or NFPA No. 501B-1974.

§ 173-2 Eviction of mobile home occupants.

A. No mobile home park owner or operator may evict a mobile home dweller other than for the following reasons:

(1) Nonpayment of rent.

(2) Violation of a federal or state law or local ordinance which is detrimental to the safety and welfare of other dwellers in the mobile home park.

(3) Continued violation of any rule or regulation established by the park owner or operator. However, the mobile home owner shall receive written notice of the violation at least thirty (days) prior to the date he is required to vacate and shall have continued to violate the rule. A copy of all rules and regulations shall be delivered by the park owner or operator to the mobile home owner prior to his signing the lease or entering into a rental agreement. A copy of the rules and regulations also shall be posted in the recreation hall, if any, or in some other conspicuous place in the mobile home park.

(4) Conduct of the tenant, upon the mobile home park premises, which constitutes an annoyance to other tenants or interference with park management.

(5) Failure of the tenant to sign a lease within thirty (30) days after such tenant moves into a park, if a lease is required by the park operator.

B. Unacceptable reasons for eviction.

(1) No mobile home park owner or operator shall evict a tenant of any mobile home park in the county for any of the following reasons:

(a) Because the tenant has filed a complaint against the mobile home park owner or operator with any public agency.

(b) Because the tenant has filed a lawsuit against the mobile home park owner or operator.

(c) Because the tenant is a member of any tenants' organization.

(2) Evictions described in this subsection shall be called "retaliatory evictions."

C. If, in any eviction proceeding, the judgment is in favor of the tenant for any of the aforementioned defenses, the court may enter judgment for reasonable attorney's fees and court costs against the mobile home park owner or operator. In addition, the court may enter judgment against the mobile home park owner or operator for any expenses incurred by the tenant in his forced move, if judgment is rendered after the tenant's eviction.

§ 173-3 Restrictions upon behavior of owners.

[Amended by Bill No. 75-92]

A. No mobile home park owner or operator may require any tenant or other person seeking space in the mobile home park to purchase a mobile home from any particular person.

B. No mobile home park owner or operator or his designee may require a resident of the park to purchase from the owner or operator or his designee any accessories or services required by the tenant or any other equipment required by law, local ordinance or regulations of the mobile home park.

C. No mobile home park owner or operator may levy any fee or charge amounting to what is called an "entrance fee" for the privilege of placing a mobile home in any mobile home park. No mobile home park owner or operator may charge any resident who chooses to install an electric or gas appliance in his mobile home an additional fee, unless that fee reflects the cost to the mobile home park of the installation or its use, or restrict the installation, service or maintenance of any normal household appliance or restrict the making of any interior improvements in the mobile home, so long as the installation or improvement is in compliance with the applicable building, electrical and plumbing codes and any other provisions of law.

D. A mobile home park owner or operator shall fully disclose, in writing, all fees, charges, assessments, rules and regulations prior to the assumption of occupancy in the park of a mobile home dweller. No fees, charges or assessments so disclosed may be increased or rules and regulations changed by the park owner or operator without specifying the date of implementation of the fees, charges, assessments or rules and regulations. This date shall be no less than thirty (30) days after written notice was given to all tenants.

E. Failure on the part of the mobile home park owner or operator to fully disclose all fees, charges or assessments shall prevent the park owner or operator from collecting any undisclosed fee, charge or assessment, except those fees required to be paid by law. Refusal by the dweller to pay any undisclosed charges may not be used by the owner or operator as a cause for eviction in any court of law.

F. Any mobile home park owner or operator who, directly or indirectly, receives, collects or accepts from another any donation, gratuity, bonus or fee, in addition to lawful charges, upon the representation, understanding or statement that compliance with the request or demand therefor will facilitate, influence or procure an advantage over others in entering into an agreement, either oral or written, for the lease or rental of real property for any term or for the use or occupation thereof or any owner or operator who refuses to enter into an agreement unless he receives, directly or indirectly, any such donation, gratuity, bonus or fee or any owner or operator who, directly or indirectly, requests or requires any such donation, gratuity, bonus or fee or any owner or operator who, directly or indirectly, aids, abets, requests or authorizes any other person to violate any of the provisions or this section shall, upon conviction, be subject to the penalties set forth in this Article.

G. No mobile home park owner or operator may deny any resident the sale of his mobile home within the park. The park may reserve the right to approve the purchaser of the mobile home as a tenant or require the removal of the mobile home from the park within thirty (30) days of the completion of the sale if the purchaser is disapproved by the park owner. In the event of disapproval, liability of the seller of the mobile home from the remainder of the lease term shall terminate upon the removal of the mobile home owner in the sale pursuant to a written contract. The mobile home park owner or operator shall not take any action nor make any statements that interfere with the sale of a mobile home physically located in the park.

H. A mobile home park owner or operator shall be required to offer a permanent or prospective permanent year-round resident of his mobile home park:

(1) By October 1, 1975, a written lease for a period of not less than twelve (12) months to mobile home dwellers within the park, provided that this subsection shall not affect any written lease in effect prior to October 1, 1975.

(2) Within thirty (30) days of a mobile home dweller assuming occupancy in the park, a written lease for a period of not less than twelve (12) months.

(3) Within thirty (30) days of the sale of a mobile home to the prospective permanent year-round resident, as provided by this Article, the remainder of the written lease or written rental agreement then in effect, but in no event for a period of less than six (6) months.

I. Any mobile home park owner who charges a fee for water usage above and beyond the lease rental amount must provide a means for accurate measurement of water usage per individual lot charges.

[Added by Bill No. 93-4]

§ 173-4 Enforcement; violations and penalties.

A. Any person violating any provision of this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.) or imprisonment not to exceed six (6) months, or both fine and imprisonment, in the discretion of the court.

B. Any appropriate law enforcement agency may bring criminal judicial proceedings to enforce the provisions of this Article. In addition to criminal proceedings, the County Department of Law may bring civil proceedings to enforce this Article.

C. Any provision of a lease or other agreement executed after the effective date of this section waiving any provision of this section is void as against public policy.

D. The Department of Inspections, Licenses and Permits shall receive and investigate all complaints regarding any violation of this Article and shall refer appropriate cases to the proper enforcing authority for further legal action, if necessary.