Ask a Lawyer
Can I refuse to approve a buyer for a home being sold in my community?
Yes, but you need to ensure that your denial is based on legitimate and consistently applied reasons. You should base your decision on objective criteria such as creditworthiness (but not just credit scores), rental history and prior landlord references, criminal history (subject to fair housing limitations), income and any other criterion that relates to the buyer’s ability to reside in a rental community. You may also consider, in some cases, the condition of the home and whether you will allow it to remain in the community. It is most important that you apply the same standards to every applicant and maintain written screening criteria as well as written notes regarding your decisions. You may not, under any circumstances, consider race, religion, color, sex, disability, familial status or any other characteristic that is protected under federal, state or local laws. If you refuse to approve a buyer for reasons that are not legitimate, you could face liability exposure not only to the buyer, but also to the seller. If you have any questions about your screening criteria, you should consult with your attorney.
What is the best way to handle residents who repeatedly violate community rules?
Consistency is key. Document each violation, provide the violation notices that are required by the Manufactured Homes Community Rights Act and your lease, and give the resident an opportunity to correct the problem when appropriate. If the problems are not corrected, move forward with an eviction. Avoid overlooking violations for some residents while strictly enforcing them against others. Inconsistent enforcement is not allowed under the MHCRA and is often used by residents as evidence in discrimination and retaliation claims. Finally, document everything. If you go to court, you can only prove what you documented.
Can I prohibit residents from renting out their homes or listing them on Airbnb?
Yes, so long as your lease and/or community rules clearly prohibit short-term rentals or unauthorized subleasing, and you enforce them consistently. As the property owner, you can set the terms and conditions you want, unless they violate the MHCRA or another law. Pertinent to your question, nothing in Pennsylvania law restricts you from prohibiting subleasing or short-term rentals.
