A Message from AAMHO Legislative Director Jean Creagan
Mobile Home Owners disputes with landlords.
The Supreme Court ordered that Rule 31 (d), Rules of the Supreme Court be amended in accordance with the following.
It is now permitted under certain circumstances in proceedings arising out of landlord/tenant disputes that fall under the regulatory authority of the Department of Fire, Building and Life Safety for the tenant to have lay representation.
Rules of the Supreme Court
“In any landlord/tenant dispute before the Arizona Department of Fire, Building and Life Safety, an individual may be represented by a duly authorized agent who is not charging a fee for representation, other than reimbursement for actual costs”
UPDATE ON LEGISLATIVE SESSION TO AAMHO MEMBERS
May 5, 2010
The last two months has generated two new bills for the Long Term RV Rental Space Act. SB1146 is A Right to sell for all recreational vehicles. HB2255 is a cap on Administrative fees for utilities’ and a major change for Park trailers (Park Models) stating eviction only with good cause. Park model owners will now have a right by law to put a sale sign in their window, not be forced to use a specific sales agency to sell their home and can no longer be evicted (non-renewed lease) without a cause.
Good Cause is defined as follows:
1. Noncompliance with any provision of the rental agreement.
2. Nonpayment of rent.
3. Clear and convincing evidence that a tenant has repeatedly violated
this chapter and established a pattern of noncompliance with this chapter.
4. Change in use of land."
Both of these bills will be updated on the AAMHO web site (www: ammho.com) when they become law on July 29. 2010.
I wish to thank all of the mobile home and park model owners that supported the effort to change the RV act to “Eviction with Cause”. This would not have happened without each of your calls and e-mails to various Senators and Representatives. This issue has taken over 7 years to finally get the attention of the state legislature. The finally house vote was 46-11.
AAMHO encourages support for the following candidates. These Senators and Representatives were critical in SB1146 and HB2255 being passed into law. Senator Leff is running for State Treasurer, Senator Huppenthal for State Superintendent of Public Instruction, Representative Reagan is running for State Senate, and Representative Jones of District 24 is running for re-election. It was a victory session for park model owners.
Specifically for Mobile Homes owners the Supreme Court of Arizona AMENDED Rule 31(d) which permits lay representation under certain circumstances in proceedings arising out of landlord/tenant disputes.
This will be detailed shortly on the AAMHO web site.
Again, Thank you for your support, without our members this would not have happened.
Sincerely,
Jean Creagan
AAMHO Legislative Director
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It gives me great pleasure to report to all of you that Governor Brewer signed HB2255
on Monday, May 3 2010. This amendment becomes law on July 29, 2010 which is 90 days
after the close of this past legislative session.
This bill allows Park Owners to charge Administrative fees on Utility Bills, but no more than 10%.
However, this is a small price to pay, since this amendment to the AZ Long Term Recreational Vehicle
Act now prohibits a park owner from refusing to renew or terminate a rental agreement for park
model owners, unless he can show good cause.
Here is paragraph F with new language in red:
F. Except for those recreational vehicles that are park trailers as prescribed in section 33-2102, a
landlord may refuse to renew a rental agreement without good cause, by serving written notice to the
tenant at least ninety days before the end of the rental agreement. In that event, the tenant must vacate
the premises on or before the end of the rental agreement. For park trailers only, a landlord may refuse
to renew or may terminate a rental agreement only with good cause.
This is a major change which has taken almost 10 years to accomplish. It couldn't have happened without
your emails, phone calls and snail mail to Senators, Representatives and the Governor asking them to
vote for this bill.
We most also thank Representative Jones for listening to his constituents by sponsoring his amendment
and Senator Barbara Leff for adding her amendment to the bill on the Senate side of the Legislature.
Our Legislative Director, Jean Creagan and our Lobbyist Dana Paschke worked very hard in getting
this bill passed. Without their hard work, this would not have happened.
Our thanks to Kara Holt for her input to Senator Leff. Because of her relationship with the Senator,
she was able to explain the unfairness of paragraph F as it applied to park model owners.
Please remember, these changes do not become law until July 29th.
Warmest regards,
Ron Feinstein
updated 6-2-2010 sw |
