2012 -- S 2754

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LC02167

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOBILE AND MANUFACTURED

HOMES

     Introduced By: Senators P Fogarty, Kettle, Shibley, and Maher

     Date Introduced: March 08, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-44-1 of the General Laws in Chapter 31-44 entitled "Mobile and

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Manufactured Homes" is hereby amended to read as follows:

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     31-44-1. Definitions. -- As used in this chapter:

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     (1) "Department" means the department of business regulation.

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     (2) "Director" means the director of the department of business regulation.

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     (3) "Entry requirements" means any written, nondiscriminatory criteria for resident

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selection incorporated into the rules and regulations of a mobile and manufactured home park

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which are equally applied by the licensee to all purchasers and prospective residents.

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     (4) "Fee schedule" means an itemized list of fees for goods or services sold or performed

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by a mobile and manufactured home park licensee including, but not limited to, the entrance fee,

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hook-up fee, and maintenance fee, if any.

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     (5) "Hook-up fee" means a reasonable fee for the services required to install a mobile and

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manufactured home on a mobile and manufactured home space or lot. The charge shall include

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the cost of connecting water and sewer lines, electrical connections, tie-downs, removal of wheels

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or axles, steps, if necessary, and other necessary services, including, but not limited to, the

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creation of new pads or piers.

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     (6) "Household" means one or more persons occupying a housing unit.

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     (7) "Licensee" means any person or agent licensed under section 31-44-1.6 who is

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directly or indirectly engaged in the business of selling mobile and manufactured homes or who

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operates and maintains a mobile and manufactured home park under the provisions of this

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chapter.

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     (8) "Mobile and manufactured home" means a detached residential unit designed:

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     (i) For a long term occupancy and containing sleeping accommodations, a flush toilet,

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and a tub or shower bath and kitchen facilities, and having both permanent plumbing and

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electrical connections for attachment to outside systems;

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     (ii) To be transported on its own wheels or on a flatbed or other trailer or detachable

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wheels; and

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     (iii) To be placed on pads, piers, or tied down, at the site where it is to be occupied as a

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residence complete and ready for occupancy, except for minor and incidental unpacking and

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assembly operations and connection to utilities systems.

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     (9) "Mobile and manufactured home park" or "park" means a plot of ground upon which

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four (4) or more mobile and manufactured homes, occupied for residential purposes are located.

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     (10) "Mobile and manufactured home space or lot" means a plot of ground within a

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mobile and manufactured home park designed for the accommodation of one mobile and

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manufactured home.

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     (11) "Owner" means a licensee or permittee or any person who owns, operates, or

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maintains a mobile and manufactured home park.

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     (12) "Prospective resident" means an applicant for admission to a mobile and

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manufactured home park who is ready, willing, and able to buy a mobile and manufactured home

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owned and offered for sale by a licensee or resident, and who is able to meet the entrance

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requirements of the rules of the park.

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     (13) "Protected lawful action" means any report of a violation of this chapter, or of any

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applicable building or health code, or any other justified complaint to a governmental authority,

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or any other justified lawful act by the resident(s) or prospective resident(s).

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     (14) “Qualified sale” means the sale of a mobile and manufactured home park to a

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resident organization with the goal of resident ownership by at least fifty-one percent (51%) of

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the homeowner households residing in the park.

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     (14) (15) "Reprisal" means any act taken against the resident(s) which is intended as a

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penalty for any protected lawful action taken by the resident(s).

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     (15) (16) "Resident" means an owner or renter occupying a mobile and manufactured

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home in a mobile and manufactured home park with the consent of the owner as defined in

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subdivision (11) of this section.

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     (17) “Resident organization” means a group of mobile and manufactured home park

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residents who have formed a nonprofit corporation, cooperative corporation, or other entity or

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organization for the purpose of acquiring the mobile home park in which they reside and

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converting the mobile home park to resident ownership.

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     (18) “Resident ownership” means, depending on the context, either the ownership, by a

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resident organization, as defined in this section, of an interest in a mobile and manufactured home

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park which entitles the resident organization to control the operations of the mobile home park, or

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the ownership of individual interests in a mobile home park, or both.

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     (16) (19) "Security deposit" means a sum not to exceed the monthly rental which a

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licensee may require a resident of a rented mobile or manufactured home to deposit as security in

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case of damage caused by the resident in excess of ordinary wear and tear.

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     (17) (20) "Standards for mobile and manufactured homes" means any written,

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nondiscriminatory minimum specifications for structural soundness, safety, and habitability

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adopted by the department or any other government agency.

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     SECTION 2. Chapter 31-44 of the General Laws entitled "Mobile and Manufactured

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Homes" is hereby amended by adding thereto the following section:

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     31-44-3.3. Future qualified sale of mobile and manufactured home community. –

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The qualified sale of a mobile or manufactured home community to a resident-owned

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organization is exempt from the real estate conveyance tax imposed under chapter 44-25.

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     SECTION 3. Section 44-25-2 of the General Laws in Chapter 44-25 entitled "Real Estate

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Conveyance Tax" is hereby amended to read as follows:

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     44-25-2. Exemptions. -- (a) The tax imposed by this chapter does not apply to any

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instrument or writing given to secure a debt.

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     (b) The tax imposed by this chapter does not apply to any deed, instrument, or writing

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wherein the United States, the state of Rhode Island or its political subdivisions are designated the

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grantor.

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     (c) The tax imposed by this chapter does not apply to any deed, instrument, or writing

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which has or shall be executed, delivered, accepted, or presented for recording in furtherance of

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or pursuant to that certain master property conveyance contract dated December 29, 1982, and

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recorded in the land evidence records of the city of Providence on January 27, 1983 at 1:30 p.m.

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in book 1241 at page 849, and relating to the capital center project in the city of Providence.

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     (d) The qualified sale of a mobile or manufactured home community to a resident-owned

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organization as defined in section 31-44-1 is exempt from the real estate conveyance tax imposed

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under this chapter.

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     SECTION 4. This act shall take effect upon passage.

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LC02167

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOBILE AND MANUFACTURED

HOMES

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     This act would provide that qualified sales of mobile and manufactured home parks to

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resident-owned organizations shall be exempt from the real estate conveyance tax.

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     This act would take effect upon passage.

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LC02167

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