Ask a Lawyer: Manufactured Homes Community Rights Act
By: Steven M. Williams
Question:
I took a few of the homes in our community through the abandonment process set out in the Manufactured Homes Community Rights Act, and I am trying to sell them. I have now learned that a couple of them are on our county’s upcoming tax sale list. How can that be? I thought that the abandonment process divested all of the unpaid taxes.
Answer:
It is likely that the taxing authorities just did not pay attention when you completed your abandonment process and sent the disposal notices out. You should contact the taxing authority selling the property and remind it that the home should be removed from the tax sale list. You may have to provide copies of the abandonment documents again, but that should solve the problem.
Question:
About half of the homes in our community are owned by us. The other half are owner-occupied. I have heard from other community owners that I can treat the renters differently from the owner-occupiers. Is this correct?
Answer:
Yes, this is correct. The Manufactured Homes Community Rights Act applies only to the owner-occupiers in your community. It does not apply to the renters. So, the various requirements that control your treatment of the owner-occupiers are not required for your renters. Because of this, I recommend that you have two separate leases – one for the owner-occupiers and one for the renters. Otherwise, if you use the same lease, you may be required, by contract, to treat the renters the same as the owner-occupiers.
Question:
Can you provide a refresher on reasonable accommodations and modifications? It seems that every time I have to address one, the tenants tell me of obligations that I do not believe I have.
Answer:
Accommodations are changes to your rules/policies, such as allowing assistance animals despite a no-pet policy, allowing rent payments later in the month to coincide with social security disability payment timing, providing reserved handicap parking, etc. A landlord is required to absorb the costs of an accommodation. Typically, there is not a substantial cost to provide accommodations. However, if there are substantial costs involved, the consideration of whether they constitute an unreasonable burden involves an analysis of the financial condition of the property and the owner. Unfortunately, there are no “black and white” guidelines. Rather, each case is considered on its own to determine if the landlord can reasonably absorb the costs.
In contrast, modifications are physical changes to the community that are necessary for a disabled resident to use and enjoy the property. Examples include adding ramps to entryways, widening doorways, paving walkways, etc. Unless a landlord receives government dollars, a tenant is responsible for the cost of modifications. In this case, then, the cost is irrelevant: if the tenant cannot afford it, the modification is not done (unless, of course, the landlord chooses to cover the cost). If a landlord does receive government dollars, then the landlord is responsible for the cost, and an analysis of what is a reasonable cost can be undertaken. The analysis is the same as for an accommodation.
Generally, a landlord can require a tenant to restore the property to the condition it was in prior to the modification. There are two exceptions to this rule: First, where the modification does not impact a subsequent tenant’s use of the property, restoration is generally not required. Second, restoration is generally not required in the exterior or common areas if the modification could benefit future tenants. Whether restoration is allowed relies on a case-by-case analysis and is reliant on the facts of each particular case. Landlords are not allowed to dictate who a tenant can use to perform modifications. Landlords, though, are entitled to ensure that the work is done correctly and in a professional manner by a competent contractor. And, they can require that the contractor be insured and licensed, if licensing is otherwise required. Finally, landlords can generally ask for information/documentation that describes the modification, the materials that will be used, how it will be constructed and who will perform it. These are all factors landlords may need to make a determination of whether the modification is reasonable.
Whether a tenant requests an accommodation or a modification, the approval process must be done without delay and without imposing unreasonable burdens on the tenant. If the disability is not obvious, landlords can request confirmation from a third party who has knowledge of the tenant’s condition and is competent to say that it constitutes a disability. If the need for the requested accommodation/modification is not obvious, landlords can request confirmation of the need from a third party who has knowledge of the tenant’s condition and is competent to say that the tenant needs the accommodation/modification.
Landlords cannot deny a request for accommodation/modification without first engaging in discussions with the tenant about the request and what alternatives to the specific request may be available. However, landlords are not always required to provide the precise accommodation/modification requested so long as there exists an alternative that sufficiently addresses the tenant’s needs. Note that whether the offered alternative is sufficient will generally be measured in the eyes of the tenant. So, it is best to ask a tenant what alternatives may work, rather than imposing them.
Because accommodation/modification requests can be tricky, and are a frequent subject of discrimination complaints, it is wise to consider consulting counsel before making any decisions.
