Ask a Lawyer

By: Steven M. Williams

I want to prohibit my residents from owning guns. However, I am getting a lot of opposition, with many residents claiming that I am violating their Second Amendment rights. As the property owner, do I not have property rights that take precedence over their Second Amendment rights?

Your residents do not have any Second Amendment rights that impact you. The Second Amendment prohibits the government from infringing on the right to bear arms. It does not prevent you from prohibiting guns on your property. If you want to prohibit guns, you have every right to do so.

A tenant accidentally discharged a gun in her home, and the bullet traveled into a neighbor’s home. Fortunately, no one was hurt. I have a rule that requires that all tenants register their guns with me, but this tenant refuses to do this. What recourse do I have?

The Manufactured Home Community Rights Act (MHCRA) allows you to have “fair and reasonable rules and regulations reasonably related to the health, safety and upkeep of the community.” Having rules prohibiting the discharge of guns would clearly fall within this restriction, but whether the registration of guns would is uncertain. For your rule to be enforceable, you would have to convince a judge that merely knowing who has guns will contribute to the safety of the community. Unfortunately, I cannot give you a clear answer on this because different judges may differ on this question.

I recently purchased a manufactured home community. None of the homes are owner-occupied; I own all of them. What are my obligations under the MHCRA?

The MHCRA does not apply to your operations. It only applies to residents in a manufactured home community who own their homes. Your obligations are controlled by the leases in place and the Landlord and Tenant Act.

I went through the abandonment process for a home that was left in my community after I evicted the tenant. I sent out the required “disposal notices,” and more than 60 days have passed. I know that I can now dispose of the home and any of its contents. My question is about the car that the tenant left behind. Does the abandonment process include the car? I want to have it titled in my name and possibly sell it.

No. Cars that are left behind are not included in the home abandonment process. To sell the car, you will need a court order declaring that the car has been abandoned and directing PennDOT to issue a title to you. You should consult with your legal counsel because this process must be done at the Court of Common Pleas and can be complicated and lengthy.

I have a resident who is trying to sell his home. He left about three months ago but continues to pay rent each month. However, he is not maintaining the home, and I would like to get possession of his lot. Can I obtain a determination of abandonment since he has not been in the home for several months?

No, to obtain a determination of abandonment, you are required to prove certain factors that establish the abandonment. One of the factors you must prove is that rent has not been paid for at least 30 days. Thus, as long as your resident continues to pay his rent, you will not be able to obtain a determination of abandonment.

I am starting to acquire homes in my community that I intend to rent out. Should I have a different lease for the residents who rent my homes?

Yes, residents who rent homes from you, as opposed to those who own their homes, are not protected by the Manufactured Home Community Rights Act (MHCRA). Thus, different lease terms apply to them. I suggest that you have one lease for your residents who own their homes, which complies with the MHCRA, and a separate lease for those who rent the homes from you. By doing this, you can ensure that the renters are not being given rights and remedies by virtue of the lease that the law does not require that you provide them.

My Magisterial District Judge says that I cannot prevent my residents from making partial rent payments. She says it is the law. Is she right?

No, nothing in the MHCRA or the Landlord and Tenant Act requires you to accept partial rent payments. If your lease prohibits partial payments, you are within your right to reject them. However, practically speaking, if you cannot convince your MDJ that she is wrong, you will likely have to accept partial payments.

Can you provide a “refresher” on when I have to allow service or assistance animals in the community? I do not allow pets of any kind.

I am glad you asked. Fair housing complaints regarding service and assistance animals are on the rise. Knowing how to avoid complaints is vital.

Initially, it is essential to recognize that service and assistance animals are not pets. They are “an extension of the disabled person,” much like a wheelchair for persons unable to walk. You may not deny or restrict service or assistance animals simply because you have a no-pet policy.

A service animal is a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. By contrast, an assistance animal (also referred to as a companion animal, an emotional support animal, a therapy animal or a companion animal) is not trained to perform any specific tasks. Rather, assistance animals provide general comfort and/or support to individuals who are disabled. Unlike service animals, assistance animals are not limited to dogs. Rather, assistance animals can generally be any animal that is traditionally kept in a home as a pet.

Under the fair housing laws, you are required to accommodate the disability of a tenant reasonably. This means that if a tenant requires a service or assistance animal due to a disability, you may have to allow it. You do not have to take the tenant at their word, though. You have the right to request verification of the need for the accommodation. The verification should come from a medical professional. However, if a tenant provides the verification from someone who is not a medical professional, you may have to accept it if that person is knowledgeable of the tenant’s condition and competent to verify. You are entitled to know, and the verification should establish:

• That the tenant is disabled,
• That the tenant requires the service or assistance animal to accommodate the disability,
• The connection between the disability and the animal (that is, what does the animal do for the tenant), and
• Whether any other accommodations may work for your tenant.

If you are provided this documentation, you may have to allow the animal in the community. You should consult a lawyer to discuss the particulars of your case because these kinds of matters are very fact-intensive and need a full analysis based on all of the facts. I recommend reading the 2020 HUD guidance regarding service and assistance animals as it is easy to read and contains helpful information. It can be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf.