It is enacted by the General Assembly as follows:

SECTION 1. Sections 31-44-3, 31-44-5 and 31-44-9 of the General Laws in Chapter 31-44 entitled "Mobile and Manufactured Homes" are hereby amended to read as follows:

{ADD 31-44-3. Rules and regulations. -- ADD} The following requirements and restrictions shall apply to all mobile and manufactured home parks:

(1) A mobile and manufactured home park licensee may promulgate reasonable rules and regulations which shall specify standards for mobile and manufactured homes in the park, if any, entry requirements, if any, and rules governing the rental or occupancy of a mobile and manufactured home lot and mobile and manufactured home park;

(2) Current rules and regulations promulgated by a mobile and manufactured home park licensee shall be delivered by the licensee to a prospective resident prior to entering into a rental agreement, and to the resident(s) as soon as promulgated and whenever revised. A copy of said rules and regulations shall be filed with the commission and posted in a conspicuous place in the mobile and manufactured home park;

(3) Any rule or change in rent which does not apply uniformly to all mobile and manufactured home residents of a similar class shall create a rebuttable presumption that such rule or change in rent is unreasonable;

(4) A mobile and manufactured home park licensee shall not impose any conditions of rental or occupancy which restricts the mobile and manufactured home owner in his choice of a seller of fuel, furnishings, goods, services, accessories or other utilities connected with the rental or occupancy of a mobile and manufactured home lot.

Said licensee who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned utility or who purchases water from a water system for the purpose of supplying or reselling the electricity, gas, to any other person to whom he leases, lets, rents, subleases, sublets, or subrents the premises upon which the electricity, gas, or water is to be used shall not charge, demand, or receive directly or indirectly, any amount for the resale of such electricity, gas, or water greater than that amount charged by the public utility or municipally owned utility from which the electricity, or gas was purchased or by the public water system from which the water was purchased; provided, however if said licensee incurs costs in bringing the utility service to individual units, or in utilizing individual meters or in such similar cost, said licensee will be entitled to a return for such investment.

The park operator shall post in a conspicuous place the prevailing utility rate schedule as published by the serving utility.

(5) If any mobile and manufactured home park licensee adds, changes, deletes or amends any rule governing the rental or occupancy of a mobile and manufactured home lot in a mobile and manufactured home park, a new copy of all such rules shall be furnished to all mobile and manufactured home residents in such park, and filed with the commission for its review, recommendations, if any, and recording for future reference at least forty-five (45) days prior to the effective date of such addition, change, deletion, or amendment. The new copy furnished to the resident shall be signed by both the mobile and manufactured home park owner and the mobile and manufactured home park resident;

(6) If any mobile and manufactured home park licensee changes the rent of a mobile and manufactured home lot, notice of such change shall be given to the mobile and manufactured home resident at least sixty (60) days prior to the effective date of such change;

(7) {DEL No mobile and manufactured home park owner shall impose any rule which affects a resident's right to temporarily house any relative or dependent; provided, however, that rules may be imposed limiting the number of residents of a mobile and manufactured home to one (1) adult per bed space; DEL} {ADD The owners of individual mobile and manufactured homes shall be entitled to have as many occupants in their homes is consistent with the number of bedrooms and/or bed spaces certified by the manufacturer; provided that such occupancy does not violate any provision of the general laws or, other municipal regulations. All bedrooms shall consist of a minimum of fifty (50) square feet of floor area and bedrooms designed and certified for two (2) or more people shall consist of seventy (70) square feet of floor area plus fifty (50) square feet for each person in excess of two (2). If there is sufficient bed space, according to the criteria set forth in this subdivision, additional rent, or charges may not be imposed by a park owner or manager for any person or persons moving in with current resident owners of a mobile and manufactured home. ADD}

(8) A prospective resident shall not be charged an entrance fee for the privilege of leasing or occupying a mobile and manufactured home lot, except as provided in section 31-44-4; provided, however, that when a mobile and manufactured home is transported onto the mobile and manufactured home park, an entrance fee may be charged; notwithstanding the foregoing however, if the park owner received a commission for the sale of said mobile and manufactured home, no such entrance fee shall be charged. A reasonable charge for the fair value of the owner's cost in obtaining, preparing and maintaining said lot or for the fair value of services performed in placing a mobile and manufactured home on a lot shall not be considered an entrance fee; but shall be deemed a hook-up fee or maintenance fee and shall be detailed in the fee schedule. No tenant, or person seeking space in a mobile and manufactured housing park, shall be required to purchase manufactured housing from any particular person unless the person designated is the park owner or operator and the requirement is imposed only in connection with the initial leasing or renting of a newly-constructed lot or space not previously leased or rented to any other person. A resident may remove and replace a mobile and manufactured home, provided however, that the resident shall install the mobile and manufactured home in accordance with present park standards regarding structural requirements and aesthetic maintenance in the mobile and manufactured home park where the replacement occurs, and in accordance with minimum standards for mobile and manufactured homes established by the United States department of housing and urban development. No fee shall be charged by the licensee to residents as a result of said resident's installation of cable television;

(9) Prior to signing a lease a licensee shall dispose in writing to the prospective resident (a) the rental for the space or lot, and (b) any charges, including service charges, imposed by the licensee. The licensee shall dispose the rent and charges which were in effect during the three (3) preceding years or the period during which he has operated the mobile home park, whichever is shorter;

(10) A copy of the fee schedule shall be filed with the commission and posted in a conspicuous place in the mobile and manufactured home park;

(11)(a) A resident shall not be charged a fee for keeping a pet in a mobile and manufactured park unless the park owner/management actually provides special facilities or services for pets. If special pet facilities are maintained by the park owner/management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park.

(b) If the park owner/management of a mobile and manufactured park implements a rule or regulation prohibiting residents from keeping pets in the park, the new rule or regulation shall not apply to prohibit the residents from continuing to keep the pets currently in the park if the pet otherwise conforms with the previous park rules or regulations relating to pets. However, if the pet dies, the resident shall have the right to replace the pet.

(c) Any rule or regulation prohibiting residents from keeping pets in a mobile and manufactured home park shall not apply to guide, signal, or service animals.

{ADD 31-44-5. Reprisals. -- ADD} (a) No licensee shall take reprisal(s) against a resident or prospective resident.

(b) An increase in rent, non-renewal of lease, refusal to offer a lease, [or] termination of tenancy taken by a licensee against a resident or prospective resident within six (6) months after the resident or prospective resident has taken any protected lawful action, shall create a rebuttable presumption that such act by the licensee is a reprisal. Reprisal may be pleaded as a defense in any court proceeding brought against a resident or prospective resident after he has taken any protected lawful action.

{ADD (c) In addition to any other remedy under this chapter, a resident or prospective resident who has been the subject of a reprisal shall be entitled to the remedies provided for retaliatory actions in section 34-18-46. ADD}

{ADD 31-44-9. Enforceability. -- ADD} {ADD (a) ADD} Any provision of this chapter and any provision of a license issued pursuant to this chapter may be enforced by the department of business regulation. In addition and notwithstanding any action taken by or pending at the department of business regulation, any resident of a mobile home park may seek to enforce any provision of a license or this chapter by civil action in the court exercising jurisdiction over the subject matter; provided, however, that failure to comply with tax laws and violations of land use regulations and water supply and sewage disposal requirements shall be subject to the jurisdiction of and shall be enforceable by, the municipality in which the park is located and/or the state agency having regulatory authority over the matter.

{ADD (b) Any park owner or operator who violates any of the provisions of sections 31-44-3, 31-44-3.1, 31-44-3.2, 31-44-4, 31-44-5, 31-44-7, 31-44-7.1, 31-44-7.2, 31-44-8 and 31-44-13 shall be deemed to have engaged in an unfair and deceptive trade practice under section 6-13.1-2 and, in addition to other remedies, shall be subject to the enforcement provisions of that chapter. ADD}

SECTION 2. This act shall take effect upon passage.