Section 1201 - Plan for dislocated residents upon change in land use.
§ 8A-1201. Plan for dislocated residents upon change in land use.
(a) In general.- When a mobile home park owner submits an application for a change in the land use of a park, the owner shall submit, as part of the application, a relocation plan for park residents who will be dislocated as a result of the change.
(b) Relocation plans - Duties of mobile home park owners.-
(1) If a mobile home park owner does not submit a relocation plan for the park residents or does not comply with the terms of an approved plan, the mobile home park owner is in default of the plan and the application for change of land use submitted under subsection (a) of this section may not be approved until the owner submits and complies with a plan.
(2) A relocation plan for park residents shall include:
(i) A complete list of park residents, including household sizes, addresses, and contact information for residents;
(ii) A relocation calendar or timeline and written monthly updates on the progress of the relocation;
(iii) If the plan is for closing a park with more than 38 sites, a budget reflecting the amount of relocation assistance allocated by the mobile home park owner to be given to each household as described in subsection (c)(1) of this section;
(iv) A description of the requirement that a resident provide written notice of the resident's intention to vacate the park and the time table for the owner to pay relocation assistance, as provided under subsection (c)(2) of this section;
(v) A list of area mobile home parks with vacancies; and
(vi) A list of area companies that relocate mobile homes.
(3) If a mobile home park owner undertakes a reasonable, good faith inquiry to obtain the information required under paragraph (2) of this subsection and the information in the relocation plan is based on the owner's reasonable, good faith inquiry, the owner shall not incur any liability and may not be estopped from obtaining possession of the premises because of a failure to provide accurate information in the relocation plan.
(4) A relocation plan may not require, as a condition of approval by the local governing body of the plan or the change in land use submitted under subsection (a) of this section, that:
(i) Relocation assistance be paid unless the mobile home park owner sends a notice of park closure to each resident;
(ii) The amount of relocation assistance exceed the amount described in subsection (c)(1) of this section;
(iii) Except as provided in subsection (c) of this section, any amount of relocation assistance be paid to a resident before possession of the premises is returned to the owner; or
(iv) The owner assure the relocation of any resident.
(5) If an owner rescinds a notice of park closure, the owner is not required to pay relocation assistance after the date the notice of rescission is sent to the residents.
(6) An owner is not required to pay relocation assistance to any potential resident who, after receiving written notice of the application for change in land use or written notice of park closure, signs an agreement to rent premises in the park.
(c) Payment of relocation assistance.-
(1) If a mobile home park with more than 38 sites is closed, the relocation assistance paid to each household shall equal the amount of rent for the premises, excluding taxes and utilities, paid for the 10 months immediately preceding the date the resident vacates the premises.
(2) The relocation assistance shall be paid in the following manner:
(i) One half of the relocation assistance shall be paid to a resident within 30 days after the mobile home park owner receives written notice of:
1. The resident's intention to vacate the park; and
2. The date on which the resident will return possession of the premises to the owner; and
(ii) One half of the relocation assistance shall be paid to a resident within 30 days after the resident returns possession of the premises to the owner.
(3) If a resident fails to return possession of the premises by removing the mobile home from the premises on or before the date specified in the resident's notice of intention to vacate, the resident shall forfeit the balance of any relocation assistance due unless the mobile home park owner agrees in writing to a different date.
(d) Additional relocation assistance by local governing bodies.-
(1) The local governing body of the county or municipal corporation in which a mobile home park is located may provide additional relocation assistance to residents.
(2) A mobile home park owner is not responsible for any payments made under paragraph (1) of this subsection.
[1994, ch. 582; 2008, chs. 621, 622; 2010, chs. 258, 259.]