HB 2098 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, providing for manufactured homes; consolidating the Manufactured Home Community Rights Act; establishing the Office of Manufactured Home Ombudsman, the position of Manufactured Home Ombudsman, the Manufactured Home Hearing Board and the Manufactured Home Restricted Account; imposing duties on the Department of Community and Economic Development; and making a repeal.

PRINTER'S NO.   2697

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2098
                                                Session of
                                                  2025

     INTRODUCED BY CIRESI, GUZMAN, HILL-EVANS, FREEMAN, SANCHEZ,
        CEPEDA-FREYTIZ AND BRENNAN, DECEMBER 10, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        DECEMBER 11, 2025


                                      AN ACT
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, providing for
 3      manufactured homes; consolidating the Manufactured Home
 4      Community Rights Act; establishing the Office of Manufactured
 5      Home Ombudsman, the position of Manufactured Home Ombudsman,
 6      the Manufactured Home Hearing Board and the Manufactured Home
 7      Restricted Account; imposing duties on the Department of
 8      Community and Economic Development; and making a repeal.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Title 68 of the Pennsylvania Consolidated
12   Statutes is amended by adding a chapter to read:
13                                CHAPTER 83
14                            MANUFACTURED HOMES
15   Subchapter
16      A.   Preliminary Provisions
17      B.   Manufactured Home Community Rights
18      C.   Manufactured Home Ombudsman and Hearing Board
19                               SUBCHAPTER A
20                          PRELIMINARY PROVISIONS
 1   Sec.
 2   8301.   Scope of chapter.
 3   8302.   Definitions.
 4   § 8301.    Scope of chapter.
 5      This chapter relates to manufactured homes.
 6   § 8302.    Definitions.
 7      The following words and phrases when used in this chapter
 8   shall have the meanings given to them in this section unless the
 9   context clearly indicates otherwise:
10      "Agency."      The Office of Attorney General.
11      "Eviction."         The removal of a lessee, occupant or
12   manufactured home from a community in accordance with an order
13   of possession by a court of the Commonwealth pursuant to:
14             (1)   the relevant provisions of the act of April 6, 1951
15      (P.L.69, No.20), known as The Landlord and Tenant Act of
16      1951; or
17             (2)   a similar order of a court of common pleas.
18      "First-time lessee."         A resident who places or causes to be
19   placed a manufactured home in a community.
20      "Manufactured home."         As follows:
21             (1)   A transportable, single-family dwelling unit that:
22                   (i)    contains plumbing, heating or cooling and
23             electrical systems intended for permanent occupancy;
24                   (ii)    is constructed as a single unit or as two or
25             more units designed to be joined into one integral unit;
26                   (iii)    is built on a permanent chassis; and
27                   (iv)    is designed to be used as a dwelling with or
28             without a permanent foundation when connected to the
29             required utilities.
30             (2)   The term includes:

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 1                (i)   A manufactured home as defined in section 603(6)
 2          of the National Manufactured Housing Construction and
 3          Safety Standards Act of 1974 (Public Law 93-383, 42
 4          U.S.C. § 5402(6)).
 5                (2)   A mobile home as defined in 75 Pa.C.S. § 102
 6          (relating to definitions).
 7      "Manufactured home community" or "community."       As follows:
 8          (1)   A site, lot, field or tract of land, privately or
 9      publicly owned or operated, upon which three or more
10      manufactured homes, occupied for dwelling or sleeping
11      purposes, are or are intended to be located, regardless of
12      whether or not a charge is made for the accommodation.
13          (2)   The term includes a mobile home park.
14      "Manufactured home community lessee" or "lessee."       A person
15   who rents a manufactured home community space from a lessor
16   pursuant to the terms of a lease.
17      "Manufactured home community lessor" or "lessor."       The owner
18   or operator of a community who rents a manufactured home space
19   to a lessee pursuant to the terms of a lease and who is
20   responsible for the performance of the terms of the lease.
21      "Manufactured home community operator" or "community
22   operator."   A person or entity that conducts the operations of a
23   community on behalf and as the agent of a community owner.
24      "Manufactured home community owner" or "community owner."         A
25   person or entity that owns a community.
26      "Manufactured home occupant."        An individual who resides in a
27   manufactured home.
28      "Manufactured home resident" or "resident."       As follows:
29          (1)   An owner of a manufactured home who leases or rents
30      space in a community.

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 1           (2)   The term does not include a person who rents or
 2      leases a manufactured home.
 3      "Manufactured home space."     A plot of ground within a
 4   community designed for the accommodation of one manufactured
 5   home.
 6      "Manufactured home space lease."        A written contract between
 7   a lessee and a community owner containing reciprocal rights and
 8   duties, including the payment of rent for the use of ground for
 9   the placement of a manufactured home in a community.
10      "Manufactured home tenant" or "tenant."        A person who leases
11   a manufactured home from the owner of that manufactured home.
12      "Receipted first-class mail."        As follows:
13           (1)   First-class mail for which a certificate of mailing
14      has been obtained.
15           (2)   The term does not include certified or registered
16      mail.
17      "Rent."    Ground rent for a manufactured home space.
18      "Resident association."     An organization open to all
19   residents of a community, whether the organization is structured
20   as a cooperative, a corporation or otherwise.
21      "Rules and regulations."     Policies and guidelines established
22   by a community owner that relate to community living.
23      "Service charges."    Charges for electricity, gas service
24   which is underground and piped directly to individual units
25   within a community, trash removal, sewage, water, Internet,
26   cable and all other utilities.
27                                SUBCHAPTER B
28                    MANUFACTURED HOME COMMUNITY RIGHTS
29   Sec.
30   8311.   Scope of subchapter.

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 1   8312.    Evictions.
 2   8313.    Community rules and regulations.
 3   8314.    Written lease.
 4   8315.    Underskirting and tie-down equipment.
 5   8316.    Disclosure of fees.
 6   8317.    Appliance installation fees.
 7   8318.    Entrance and exit fees.
 8   8319.    Installation and removal fees.
 9   8320.    Other fees.
10   8321.    Determination of abandonment.
11   8322.    Abandoned manufactured homes.
12   8323.    Immunity from liability.
13   8324.    Sale of manufactured homes.
14   8325.    Sale or lease of communities.
15   8326.    Closure of communities.
16   8327.    Notice requirements in event of closure of community.
17   8328.    Waiver of rights.
18   8329.    Damages.
19   8330.    Restraining prohibited acts.
20   8331.    Enforcement.
21   8332.    Retaliatory evictions.
22   8333.    Remedies.
23   § 8311.    Scope of subchapter.
24      This subchapter relates to manufactured home community
25   rights.
26   § 8312.    Evictions.
27      (a)     Permissible reasons.--A community owner may terminate or
28   refuse to renew the lease of a lessee or may evict a lessee and
29   manufactured home occupants only for one of the following
30   reasons:

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 1            (1)   Nonpayment of rent.
 2            (2)   A second or subsequent violation of the rules of the
 3      community occurring within a six-month period.
 4            (3)   A change in use of the community land or parts
 5      thereof.
 6            (4)   Termination of the community.
 7      (b)   Eviction procedures.--A lessee may only be evicted in
 8   accordance with the following procedure:
 9            (1)   The lessee may not be evicted by any self-help
10      measure.
11            (2)   Prior to the commencement of an eviction proceeding
12      or the termination of or failure to renew the lease of the
13      lessee, the community owner shall notify the lessee in
14      writing of the particular breach or violation of the lease or
15      community rules by certified or registered mail. The
16      following apply to notices:
17                  (i)    In the case of nonpayment of rent, the notice
18            shall state that an eviction proceeding may be commenced
19            if the lessee does not pay the overdue rent:
20                         (A)   Within 20 days from the date of service if
21                  the notice is given on or after April 1 and before
22                  September 1.
23                         (B)   Within 30 days if given on or after
24                  September 1 and before April 1 or an additional
25                  nonpayment of rent occurring within six months of the
26                  giving of the notice may result in immediate eviction
27                  proceedings.
28                  (ii)    In the case of a breach of the lease or
29            violation of the community rules, other than nonpayment
30            of rent, the notice shall describe the particular breach

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 1             or violation. The following procedures apply:
 2                       (A)   Unless the lessee has been notified as
 3                   required by this section:
 4                             (I)    An eviction action may not be commenced.
 5                             (II)   A community owner may not terminate or
 6                       refuse to renew the lease of the lessee.
 7                       (B)   Upon a second or subsequent violation or
 8                   breach occurring within six months, a community owner
 9                   may commence eviction proceedings at any time within
10                   60 days of the last violation or breach.
11      (c)    Unequal treatment.--If there is proof that the rules
12   that a lessee is accused of violating are not enforced with
13   respect to the other lessees or nonresidents on the premises of
14   the manufactured home:
15             (1)   The lessee may not be evicted.
16             (2)   The community owner may not terminate or refuse to
17      renew the lease of the lessee.
18   § 8313.    Community rules and regulations.
19      (a)    Conditions.--A community owner may at any time establish
20   fair and reasonable rules and regulations reasonably related to
21   the health, safety and upkeep of the community, if the rules and
22   regulations are:
23             (1)   not arbitrary or capricious;
24             (2)   included in any written lease;
25             (3)   delivered to existing lessees; and
26             (4)   posted in the public portion of the community office
27      or other conspicuous and readily accessible place in the
28      community.
29      (b)    Uniform application.--All rules or rental charges shall
30   be uniformly applied to all lessees or prospective manufactured

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 1   home occupants of the same or similar category.
 2      (c)   Copy of rules and regulations.--
 3            (1)   Each lessee shall be provided with a written copy of
 4      the rules and regulations of the community prior to the
 5      community owner's or community operator's acceptance of any
 6      initial deposit, fee or rent.
 7            (2)   A copy of this subchapter shall be posted in the
 8      public portion of the community office or other conspicuous
 9      and readily accessible place in the community.
10            (3)   A copy of the following notice shall be reproduced
11      in capital typewritten letters or in 10-point boldface print
12      and be given to each resident upon entering into the lease.
13                       IMPORTANT NOTICE REQUIRED BY LAW
14                  The rules set forth below govern the terms of your
15            lease or occupancy agreement with this manufactured home
16            community. The law requires all of these rules to be fair
17            and reasonable.
18                  As a lessee, you may continue to stay in this
19            community as long as you pay your rent and other
20            reasonable fees, service charges and assessments
21            hereinafter set forth and abide by the rules of the
22            community. Entrance and exit fees may not be charged.
23            Installation and removal fees may not be charged in
24            excess of the actual cost to the manufactured home
25            community owner or operator for providing such service
26            for the installation or removal of a manufactured home in
27            a manufactured home space.
28                  As a lessee, you may be evicted for any of the
29            following reasons:
30                      (1)   Nonpayment of rent.

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 1                  (2)   A second or subsequent violation of the
 2             rules of the manufactured home community occurring
 3             within a six-month period.
 4                  (3)   If there is a change in use of the community
 5             land or parts thereof.
 6                  (4)   Termination of manufactured home community.
 7             As a lessee, you shall only be evicted in accordance
 8        with the following procedure:
 9                  (1)   A lessee shall not be evicted by any self-
10             help measure.
11                  (2)   Prior to the commencement of any eviction
12             proceeding, the manufactured home community owner
13             shall notify the lessee in writing of the particular
14             breach or violation of the lease or community rules
15             by certified or registered mail.
16                        (i)    In the case of nonpayment of rent, the
17                  notice shall state that an eviction proceeding
18                  may be commenced if the manufactured home lessee
19                  does not pay the overdue rent within 20 days from
20                  the date of service if the notice is given on or
21                  after April 1 and before September 1, and 30 days
22                  if given on or after September 1 and before April
23                  1 or an additional nonpayment of rent occurring
24                  within six months of the giving of the notice may
25                  result in immediate eviction proceedings.
26                        (ii)    In the case of a breach of the lease or
27                  violation of the community rules, other than
28                  nonpayment of rent, the notice shall describe the
29                  particular breach or violation. No eviction
30                  action shall be commenced unless the lessee has

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 1                  been notified as required by this section, and
 2                  upon a second or subsequent violation or breach
 3                  occurring within six months, the manufactured
 4                  home community owner may commence eviction
 5                  proceedings at any time within 60 days of the
 6                  last violation or breach.
 7             As a lessee, you shall not be evicted when there is
 8        proof that the rules you as the lessee are accused of
 9        violating are not enforced with respect to the other
10        manufactured home residents or nonresidents on the
11        community premises.
12             In addition, no eviction proceeding for nonpayment of
13        rent may be commenced against you as the lessee until you
14        have received notice by certified or registered mail of
15        the nonpayment and have been given to pay the overdue
16        rent 20 days from the date of service if the notice is
17        given on or after April 1 and before September 1, and 30
18        days if given on or after September 1 and before April 1.
19        However, only one notice of overdue rent is required to
20        be sent to you as the lessee during any six-month period.
21        If a second or additional violation occurs within six
22        months from the date of the first notice then eviction
23        proceedings may be immediately started against you.
24             You are entitled to purchase goods or services from a
25        seller of your choice and the community owner shall not
26        restrict your right to do so.
27             If you desire to sell your manufactured home, the
28        manufactured home community owner may not prevent the
29        sale and may not claim any fee in connection therewith,
30        unless there exists a separate written fee agreement.

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 1             However, the manufactured home community owner may
 2             reserve the right to approve the purchaser as a resident
 3             in the manufactured home community.
 4                   Enforcement of the manufactured home community rights
 5             provisions under 68 Pa.C.S. Ch. 83 Subch. B is by the
 6             Attorney General of the Commonwealth of Pennsylvania or
 7             the District Attorney of the county in which the
 8             manufactured home community is located. As a lessee, you
 9             may also bring a private cause of action. If your rights
10             are violated you may contact the State Bureau of Consumer
11             Protection or your local District Attorney.
12   § 8314.    Written lease.
13      (a)    Conditions.--Every lease for a manufactured home space
14   shall be:
15             (1)   In writing.
16             (2)   For a duration term of one month, unless a longer
17      period is mutually agreed upon by both the lessee and
18      community owner.
19             (3)   Renewable.
20      (b)    Ground rents.--Rents for a mobile home site, commonly
21   known as ground rents, shall not change more than once in a 12-
22   month period.
23      (c)    Renewal.--For each lease period over 60 days prior to
24   the expiration of the term of a community lease, the community
25   owner shall offer the lessee a renewal lease for the same term
26   and with the same provisions as the original agreement, unless
27   the community owner notifies the lessee in writing of any
28   changes, at least 60 days prior to the expiration of the lease.
29   § 8315.    Underskirting and tie-down equipment.
30      (a)    Designation.--Subject to subsection (b), a community

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 1   owner or community operator may designate the type of material
 2   or manner of installation for underskirting, awnings, porches,
 3   fences or other additions and alterations to the exterior of the
 4   manufactured home and tie-down equipment compliant with all
 5   applicable requirements of the act of November 29, 2004
 6   (P.L.1282, No.158), known as the Manufactured Housing
 7   Improvement Act, and the act of November 10, 1999 (P.L.491,
 8   No.45), known as the Pennsylvania Construction Code Act, in
 9   order to ensure the safety and good appearance of the community.
10      (b)    Prohibition.--A resident may not be required to purchase
11   the equipment described under subsection (a) from a supplier
12   designated by the community owner or community operator.
13   § 8316.    Disclosure of fees.
14      (a)    Disclosure to lessees.--
15             (1)   All rent, fees, service charges and assessments
16      payable to the community owner and utility charges for water,
17      sewer, trash, Internet, cable, electricity and fuel charges
18      payable to the community owner and notice of any other
19      utility charges for which the lessee may be responsible shall
20      be fully disclosed in writing to a prospective lessee prior
21      to the community owner's or community operator's acceptance
22      of any initial deposit, fee or rent and prior to execution of
23      the manufactured home space lease.
24             (2)   For current residents, the community owner or
25      community operator shall fully disclose all rent, fees,
26      service charges and assessments payable to the community
27      owner and utility charges for water, sewer, trash, cable,
28      electricity and fuel charges payable to others in writing
29      prior to the execution of a mandatory lease of at least one
30      month in duration.

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 1      (b)   Receipt.--A community owner may require that a
 2   prospective lessee or current lessee sign a receipt indicating
 3   receipt of a copy of the required disclosure and the community
 4   rules and regulations so long as these documents are clearly
 5   identified in the receipt itself. The receipt shall indicate
 6   nothing more than that the documents identified in the receipt
 7   have been received by the lessee.
 8      (c)   Failure to disclose.--
 9            (1)   Failure to disclose rent, fees, service charges and
10      assessments in accordance with this section shall render them
11      void and unenforceable in the courts of this Commonwealth.
12            (2)   Subject to paragraph (3), increases in rent, fees,
13      service charges and assessments payable to the community
14      owner shall be unenforceable until 30 days after notice
15      thereof has been posted in the public portion of the
16      community office or other conspicuous and readily accessible
17      place in the community and mailed to the lessee.
18            (3)   Notwithstanding paragraph (2), rent may not be
19      increased during the term of the lease.
20      (d)   Written disclosure.--The written disclosure under this
21   section shall contain a cover sheet with the following statement
22   in 12-point, sans-serif type, except the term "five days" in the
23   final paragraph of the notice shall appear in 16-point, sans-
24   serif, bold type:
25            This document contains important information regarding
26      your legal rights and your financial obligations in leasing
27      or renewing or signing a new lease for a manufactured home
28      space. Make sure that you read the entire document and seek
29      legal advice if you have any questions regarding the
30      information stated in this document.

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 1            The statements contained in this disclosure are only
 2      summary in nature. A prospective lessee should refer to all
 3      references, including all lease or rental agreement documents
 4      as well as any rules and regulations that have been
 5      established for the manufactured home community. Oral
 6      representations should not be relied on as correctly stating
 7      the representations of the manufactured home community owner
 8      or operator. Instead, you should refer to the lease or rental
 9      agreement and required disclosure documents for correct
10      representations. You should also refer to 68 Pa.C.S. Ch. 83
11      Subch. B to become familiar with your obligations and rights
12      as a manufactured home resident.
13            You have five calendar days from the date you received
14      this documentation to cancel your agreement in writing to the
15      manufactured home community owner or operator.
16      (e)   Specific disclosures.--All new leases, lease extensions
17   and lease renewals that are for more than a 60-day period shall
18   contain the following full disclosures:
19            (1)   The manner in which utility and other services,
20      including sewage and waste disposal, cable television, water
21      supply and storm drainage, will be provided, and the entity
22      providing them. The services and the lot rental amount or
23      user fees charged by the community owner for the services
24      provided by the community owner shall also be disclosed.
25            (2)   An explanation of the manner in which the
26      manufactured home space rental amount will be increased,
27      including notification to the lessee at least 60 days in
28      advance of the increase.
29            (3)   Disclosure of any factors that may affect the lot
30      rental amount, including:

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 1              (i)    Water rates.
 2              (ii)    Sewer rates.
 3              (iii)    Waste disposal rates.
 4              (iv)    Maintenance costs, including costs of deferred
 5        maintenance.
 6              (v)    Management costs.
 7              (vi)    Property taxes.
 8              (vii)    Major repairs or improvements.
 9              (viii)    Any other fees, costs, assessments or service
10        charges that the lessee is required to pay or that the
11        community owner or community operator intends to charge
12        during the terms of the lease or rental agreement.
13        (4)   Disclosure of the manner in which the pass-through
14    charges will be assessed.
15        (5)   A report of the utility fees charged for the
16    manufactured home space paid to the community owner by a
17    prior lessee during the previous 12 months.
18        (6)   Disclosure of all service charges currently charged
19    for services offered that the lessee may elect to incur and
20    the manner in which the fees will be increased.
21        (7)   Any community rules and regulations that have been
22    established and an explanation of the manner in which the
23    rules and regulations will be set, changed or promulgated.
24        (8)   The rent history of the manufactured home space for
25    the three full calendar years immediately preceding the
26    prospective initial rental agreement date. The following
27    apply:
28              (i)    The rent history shall be for basic manufactured
29        home space rental only and shall not apply to other fees,
30        including late charges and guest fees.

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 1                   (ii)   The calculation of rent history shall be posted
 2             in the public portion of the community's rental office or
 3             other conspicuous and readily accessible place and in the
 4             same place as any rules and regulations that have been
 5             established for the community are posted.
 6             (9)   Citations or other documents from Federal, State or
 7      local governmental agencies that require the community owner
 8      to take corrective action, including citations from the
 9      Department of Environmental Protection regarding water and
10      sewage. The information under this paragraph shall also be
11      posted within the community in the same place as community
12      rules and regulations are displayed until the corrective
13      action has been completed.
14   § 8317.    Appliance installation fees.
15      A community owner or community operator may not:
16             (1)   Restrict the making of interior improvements in a
17      manufactured home if the improvements are in compliance with
18      applicable building codes and other provisions of law.
19             (2)   Restrict the installation, service or maintenance of
20      an electric or gas appliance in a manufactured home or charge
21      a fee for the installation unless the fee reflects the actual
22      cost to the community owner or community operator of the
23      installation or its use.
24   § 8318.    Entrance and exit fees.
25      Entrance and exit fees may not be charged.
26   § 8319.    Installation and removal fees.
27      (a)    Amount.--Any fee charged by a community owner for the
28   installation or removal of a manufactured home in a manufactured
29   home space shall not exceed the actual cost to the community
30   owner or community operator for providing the service.

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 1      (b)    Refunds.--
 2             (1)   Fees described in subsection (a) shall be refundable
 3      to the lessee at the time of removal if the community owner
 4      or community operator acts to recover possession of the space
 5      for reasons other than nonpayment of rent or breach of a
 6      condition of the lease within one year of the initial
 7      installation of the manufactured home.
 8             (2)   Failure to refund fees in accordance with this
 9      section shall entitle the lessee to recover treble the amount
10      of the fees plus court costs and reasonable attorney fees.
11      (c)    Effect of limitations.--Limitations on the type of
12   installation fee described in this section shall not bar the
13   community owner or community operator from requiring a
14   reasonable security deposit in accordance with the act of April
15   6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of
16   1951.
17   § 8320.    Other fees.
18      (a)    General rule.--Except as provided in subsection (b), in
19   accordance with a lessee's right to invite to the lessee's
20   manufactured home social and business visitors as the lessee
21   wishes, a fee may not be charged for overnight visitors or
22   guests occupying the lessee's manufactured home.
23      (b)    Exception.--If overnight visitors or guests of a lessee
24   frequently remain overnight for residential purposes so as to
25   increase the number of individuals normally living in the
26   lessee's manufactured home, the community owner or community
27   operator may revise the rent due to conform to the rent paid by
28   other lessees with a similar number of members in their
29   household.
30   § 8321.    Determination of abandonment.

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 1      (a)    Judicial process or voluntary abandonment.--A lessee or
 2   resident shall be deemed to have abandoned a manufactured home
 3   and all personal property in the manufactured home only after
 4   either:
 5             (1)   Judicial process, which shall include all of the
 6      following:
 7                   (i)    The entry of a judgment for possession in favor
 8             of the community owner or community operator in
 9             accordance with applicable law.
10                   (ii)    The execution of an order for possession, or
11             equivalent process, on the judgment for possession.
12                   (iii)    A determination by a magisterial district
13             court or other court of competent jurisdiction that the
14             manufactured home and personal property in the
15             manufactured home have been abandoned.
16             (2)   Voluntary abandonment, as evidenced by a written
17      statement from the lessee or resident stating that the lessee
18      or resident has physically or permanently vacated the
19      manufactured home, does not intend to return to the
20      manufactured home and has given up all further rights or
21      ownership interest.
22      (b)    Preponderance of evidence and factors.--The
23   determination of abandonment of a manufactured home shall be
24   based on a preponderance of the evidence of the lessee's absence
25   from the manufactured home for at least 30 days and nonpayment
26   of rent for at least 30 days from the date that the rent is due,
27   together with one or more of the following:
28             (1)   Termination of electric or water service to the
29      manufactured home and other utility or payment of services to
30      the community owner.

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 1             (2)   Cancellation of insurance for the manufactured home.
 2             (3)   Removal of most or all personal property from the
 3      manufactured home.
 4             (4)   Any other indicia of abandonment.
 5      (c)    Court authority.--In accordance with 42 Pa.C.S. §
 6   1515(a)(7) (relating to jurisdiction and venue), a magisterial
 7   district court shall have jurisdiction to determine if a
 8   manufactured home has been abandoned and shall make a
 9   determination as to whether a manufactured home has been
10   abandoned if the issue is presented.
11      (d)    Effect of abandonment determination.--A determination by
12   the court that a manufactured home has been abandoned shall give
13   the community owner the same rights as an entity that has been
14   granted a judgment for possession.
15   § 8322.    Abandoned manufactured homes.
16      (a)    Actions in case of abandonment.--If a resident abandons
17   a manufactured home, the community owner or other authorized
18   person may:
19             (1)   (i)     Enter the manufactured home and secure any
20             appliances, furnishings, materials, supplies or other
21             personal property in the manufactured home.
22                   (ii)    Disconnect the manufactured home from any
23             utilities.
24                   (iii)    Otherwise exercise ordinary care in relation
25             to the manufactured home and personal property, including
26             promptly disposing of perishable food and contacting an
27             animal control agency or humane society to remove any
28             abandoned pets.
29             (2)   Move the manufactured home, any personal property
30      inside the manufactured home and personal property located

20250HB2098PN2697                        - 19 -
 1    within the community that is believed to belong to the
 2    resident to a storage area within the community or to another
 3    location deemed necessary and proper without the requirement
 4    of obtaining a removal permit for the manufactured home from
 5    the local taxing authority, which would otherwise be required
 6    under 53 Pa.C.S. § 8821(d) (relating to assessment of mobile
 7    homes and manufactured homes). The following apply:
 8              (i)    Prior to moving the manufactured home and
 9        personal property, the community owner shall notify the
10        former manufactured home resident by mail and by posting
11        on the manufactured home and at any other known address
12        or by any other means by which notice may be achieved.
13        The notice must state that the manufactured home and
14        personal property, if applicable, will be moved 60 days
15        after the date of notice and must inform the former
16        resident of the new location of the manufactured home and
17        personal property.
18              (ii)    The manufactured home shall continue to be
19        subject to the lien for taxes assessed against it, but
20        the real estate on which the manufactured home was and is
21        located shall not be encumbered by or be subject to the
22        lien.
23        (3)   Assess removal charges and storage charges against
24    the former manufactured home residents.
25        (4)     Dispose of the personal property or manufactured
26    home, or both, in accordance with the procedures specified in
27    subsection (d). The following apply:
28              (i)    If the personal property or manufactured home is
29        sold, the proceeds from the sale shall be distributed in
30        the following order:

20250HB2098PN2697                   - 20 -
 1                       (A)   To pay the costs of moving, storing and
 2                selling the personal property or manufactured home.
 3                       (B)   To pay all back rent due and all other
 4                amounts due to the community owner.
 5                       (C)   To pay all outstanding taxes on the
 6                manufactured home.
 7                       (D)   To pay all outstanding liens on the
 8                manufactured home.
 9                (ii)    Any amount still remaining from the sale after
10            payment of the items in subparagraph (i) shall be paid to
11            the resident. If the resident's whereabouts are unknown,
12            any amount due and payable to the resident shall be paid
13            to the Commonwealth as required by Article XIII.1 of the
14            act of April 9, 1929 (P.L.343, No.176), known as The
15            Fiscal Code.
16      (b)   Liability.--Upon proper disposal of the personal
17   property and the manufactured home, the purchaser or community
18   owner, and any person acting for or on behalf of the purchaser
19   or community owner, shall not be liable for any outstanding
20   taxes or liens on the manufactured home.
21      (c)   Loss, damage or charges.--The community owner or other
22   authorized person acting in good faith to comply with the
23   requirements of this section shall not be responsible for any
24   loss or damage to a manufactured home, personal property inside
25   the manufactured home or within the community or for any fees,
26   assessments or other charges of any kind relating to the
27   abandoned manufactured home unless the community owner failed to
28   provide the notice required under this section or failed to
29   exercise due care of the manufactured home or personal property.
30      (d)   Notice generally.--

20250HB2098PN2697                      - 21 -
 1            (1)   The community owner or other authorized person may
 2      dispose of the manufactured home and personal property after
 3      first giving written notice to the resident and any
 4      lienholder. The notice shall be:
 5                  (i)    Sent by certified mail, return-receipt
 6            requested, or by receipted first class mail, to the
 7            resident's last known address, which may be the address
 8            of the premises, and at any alternate address or
 9            addresses if known to the community owner or other
10            authorized person, including the address of emergency
11            contacts if provided.
12                  (ii)    Posted in a conspicuous location in the
13            community.
14            (2)   The notice of removal required under subsection (a)
15      (2)(i) and the notice of disposal required under paragraph
16      (1) may be combined in one notice.
17      (e)   Contents of notice.--The notice required under this
18   section shall state the following:
19            (1)   The manufactured home and contents are considered
20      abandoned and, to avoid the sale or other disposal of the
21      manufactured home, the manufactured home and contents must be
22      claimed and removed from the premises in the community, the
23      storage area or place of storage within 60 days after the
24      date of mailing of the notice.
25            (2)   If the manufactured home and contents are not
26      claimed and removed within the time specified in the notice:
27                  (i)    the owner or other authorized person may sell
28            the manufactured home at public or private sale with or
29            without additional notices; or
30                  (ii)    if it is reasonably determined by the community

20250HB2098PN2697                       - 22 -
 1            owner or other authorized person that the value of the
 2            property is so low that the cost of storage and
 3            conducting a sale would exceed the amount that would be
 4            realized from the sale of the manufactured home, the
 5            manufactured home may be destroyed or discarded.
 6            (3)   (i)    Within the time provided in the notice, the
 7            resident may claim the manufactured home by notifying the
 8            community owner or other authorized person in writing
 9            that the manufactured home will be claimed and removed
10            within the time provided in the notice or a later time as
11            is mutually agreed to by the community owner or other
12            authorized person and the resident.
13                  (ii)   If the resident fails to claim and remove the
14            manufactured home within the time specified in the notice
15            or the later time, the manufactured home shall be
16            conclusively deemed abandoned, and the community owner or
17            other authorized person shall be entitled to proceed to
18            sell or otherwise dispose of the manufactured home.
19      (f)   Notice to Department of Transportation.--When a
20   community owner or other authorized person disposes of the
21   manufactured home, notice of disposal shall be sent to the
22   Department of Transportation, addressed to the Bureau of Motor
23   Vehicles, Vehicle Registration Division or other office or
24   bureau as is designated by the Department of Transportation.
25      (g)   Actions by Department of Transportation.--
26            (1)   When a manufactured home is sold under this section,
27      the Department of Transportation shall, upon proof of sale
28      and purchase, notwithstanding any provision of 75 Pa.C.S.
29      (relating to vehicles), issue a certificate of title to the
30      purchaser evidencing no encumbrances.

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 1          (2)   If the manufactured home is not sold but is
 2    destroyed or discarded because the value of the manufactured
 3    home was determined to be so low that the storage and sale
 4    would exceed the amount to be realized in the sale, the
 5    Department of Transportation shall, upon receiving notarized
 6    documentation that the manufactured home was destroyed or
 7    discarded, make an appropriate notation on its recordkeeping
 8    system that the manufactured home has been destroyed or
 9    discarded and that no certificate of title should again be
10    issued for the manufactured home.
11          (3)   The Department of Transportation may create and use
12    a special form for the process under this subsection but may
13    not impose any other requirements for compliance with this
14    provision to be fulfilled.
15    (h)   Vacant space.--
16          (1)   When a manufactured home is moved to a storage area
17    or another location or is disposed of as provided for by this
18    section and the space on which that manufactured home
19    previously was located is vacant, the community owner or
20    other authorized person may lease that space to a new
21    resident or otherwise locate another manufactured home on
22    that space.
23          (2)   The municipality or taxing district in which the
24    community is located may not:
25                (i)    Prevent the occupancy of the space described in
26          paragraph (1) by another manufactured home.
27                (ii)   Attach any conditions to the occupancy that are
28          not applicable to a new resident locating in a space made
29          vacant by circumstances other than abandonment.
30    (i)   Liability for taxes, fees, assessments and other

20250HB2098PN2697                     - 24 -
 1   charges.--
 2             (1)   If a manufactured home is moved to a storage area or
 3      another location or is disposed of as provided for in this
 4      section, the real estate on which the manufactured home was
 5      or is located, the community or the purchaser of the
 6      manufactured home shall not be liable for any taxes, fees,
 7      assessments or other charges imposed by the municipality or
 8      taxing district on the manufactured home.
 9             (2)   Liability for taxes assessed and imposed on a
10      resident or liability to satisfy a lien for taxes shall
11      continue to be the responsibility of the resident and shall
12      not be assessed and imposed on the real estate on which the
13      manufactured home was or is located, the community or the
14      purchaser of the manufactured home, all of which is as
15      provided for in the act of May 22, 1933 (P.L.853, No.155),
16      known as The General County Assessment Law, or in 53 Pa.C.S.
17      Ch. 88 (relating to consolidated county assessment).
18             (3)   A government entity may not refuse to issue or delay
19      issuing any permits, licenses or other required authorities
20      to the community, community owner, purchaser or any new
21      tenant or resident attempting to locate or lease a
22      manufactured home on the property where the abandoned home
23      was located solely because of tax liability on the abandoned
24      home.
25   § 8323.    Immunity from liability.
26      A community owner who complies with the procedures under this
27   subchapter shall be immune from liability with regard to or as a
28   consequence of the sale, disposal or destruction of an abandoned
29   manufactured home and any contents in the manufactured home or
30   otherwise in the community or associated with the home except as

20250HB2098PN2697                     - 25 -
 1   otherwise specifically specified in this subchapter.
 2   § 8324.    Sale of manufactured homes.
 3      (a)    Requirements.--
 4             (1)   A rule, regulation or condition of a lease
 5      purporting to prevent the sale of a manufactured home
 6      belonging to a lessee shall be void and unenforceable in the
 7      courts of this Commonwealth.
 8             (2)   A community owner or community operator may reserve
 9      the right to approve the purchaser of the manufactured home
10      as a lessee, but the approval may not be unreasonably
11      withheld.
12             (3)   A claim for a fee or commission in connection with
13      the sale of a manufactured home shall be void and
14      unenforceable unless the claimant shall in fact have acted as
15      a bona fide licensed manufactured home sales agent for the
16      manufactured home owner pursuant to a separate written fee
17      agreement.
18      (b)    Disclosure and notice.--Prior to a lessee or occupant in
19   a community offering a manufactured home for sale, the lessee or
20   occupant must obtain from the community operator the then-
21   current disclosure document required by this subchapter and
22   provide a copy to any prospective buyer along with an attached
23   sheet of paper with the following information printed in 12-
24   point boldfaced type:
25             Be advised that this manufactured home offered for sale
26             is subject to 68 Pa.C.S. Ch. 83 Subch. B and a written
27             lease required under that law. You are advised that the
28             community in which this home is now placed requires an
29             approved application for lessees and occupants and a
30             fully executed lease prior to your right to reside in the

20250HB2098PN2697                     - 26 -
 1             community.
 2             You shall have a minimum of five calendar days after
 3             receiving this disclosure required under 68 Pa.C.S. Ch.
 4             83 Subch. B to void the transaction with the operator, if
 5             any, and, if terminated, you shall be returned any
 6             deposits and rents paid to the operator of the community.
 7      (c)    Grounds for cancellation.--Failure of the resident
 8   seller to obtain a dated acknowledgment from the prospective
 9   buyer of the manufactured home of receipt of the disclosure may
10   be grounds for cancellation of the sale by the buyer.
11   § 8325.    Sale or lease of communities.
12      (a)    Notice of sale or lease.--In the event of the sale or
13   lease of a community, a community owner shall provide written
14   notice to the residents and tenants of the community and to the
15   Pennsylvania Housing Finance Agency. The notice shall be:
16             (1)   Sent within 30 days after the agreement of sale is
17      signed.
18             (2)   Posted in the same conspicuous and readily
19      accessible place in the community where the community rules
20      and regulations are posted, in accordance with section 8313
21      (relating to community rules and regulations).
22      (b)    Notice of name and contact information.--Within 30 days
23   of transfer of title to the community, the new community owner
24   shall notify the residents and tenants of the name of the new
25   community owner and contact information for either the new
26   community owner or new community operator. The notice shall be:
27             (1)   Mailed to each resident and tenant of the community.
28             (2)   Posted immediately in the same conspicuous and
29      readily accessible place in the community where the community
30      rules and regulations are posted, in accordance with section

20250HB2098PN2697                     - 27 -
 1      8313.
 2   § 8326.    Closure of communities.
 3      (a)    Notice of closure.--In the event of the closure of a
 4   community, in whole or in part, the community owner shall:
 5             (1)   Within 60 days of deciding to close the community,
 6      provide written notice, which shall:
 7                   (i)    Be given to:
 8                          (A)   The residents and tenants of the community.
 9                          (B)   The resident association, if one exists.
10                          (C)   The Pennsylvania Housing Finance Agency.
11                          (D)   The municipality where the community is
12                   located.
13                   (ii)    Include:
14                          (A)   The estimated date that residents and
15                   tenants will be expected to vacate the community,
16                   which shall be no less than 180 days from the date of
17                   the notice.
18                          (B)   The estimated date that the community will
19                   be closed.
20             (2)   Notify any prospective resident in writing, prior to
21      leasing a manufactured home space, and any known prospective
22      tenant, prior to leasing a manufactured home in a community,
23      of the scheduled closing date.
24      (b)    Offer to purchase.--A community owner shall consider any
25   offer to purchase the community made by a resident association
26   representing at least 25% of the manufactured home spaces or by
27   a nonprofit corporation, including a community development
28   corporation, housing authority or redevelopment authority acting
29   at the request of the residents of at least 25% of the spaces
30   and shall negotiate in good faith with the entity submitting the

20250HB2098PN2697                          - 28 -
 1   offer.
 2      (c)   Relocation expenses.--A community owner shall pay
 3   relocation expenses to the owner of a manufactured home in a
 4   community that is closing in an amount equivalent to the cost of
 5   relocation, not to exceed the amount of $4,000 for a single
 6   section manufactured home and $6,000 for a multisection
 7   manufactured home. The amounts stated in this subsection shall
 8   be adjusted annually by the Department of Community and Economic
 9   Development to reflect any increase in the Consumer Price Index.
10      (d)   Replacement site.--A community owner shall pay a minimum
11   of $2,500 or the appraised value, whichever is greater, of any
12   manufactured home to the resident of the manufactured home upon
13   the closure of the community if the resident is unable or
14   unwilling to find a reasonably suitable replacement site. The
15   following apply:
16            (1)   The appraised value must be provided by a certified
17      residential real estate appraiser with substantial experience
18      in appraising manufactured homes who is mutually agreed to by
19      the community owner and resident.
20            (2)   If the parties cannot agree on an appraiser, each
21      shall select an appraiser, and the two appraisers shall
22      select the appraiser to perform the appraisal.
23            (3)   The community owner and resident shall each pay half
24      of the cost for the appraisal.
25            (4)   Notwithstanding the provisions of this subsection,
26      the community owner and resident may mutually agree upon a
27      price for the sale of the manufactured home.
28      (e)   Condemnation, eminent domain or other governmental
29   action.--If a community is closed because of a condemnation,
30   action in eminent domain or other governmental action, the

20250HB2098PN2697                    - 29 -
 1   manufactured home residents shall not be entitled to payments
 2   specified in subsections (c) and (d), but shall be entitled to
 3   the rights and remedies available under laws relating to
 4   condemnation, eminent domain or other governmental action.
 5      (f)    Right to terminate.--A tenant who rents a manufactured
 6   home in a community shall have the right to terminate the lease
 7   without penalty upon receiving notice of the planned closing of
 8   the community.
 9      (g)    Removal and disposal and assignment of title.--
10             (1)   A resident shall not be required to remove the
11      manufactured home from the land when a community closes and
12      shall not be liable for the costs of removing or disposing of
13      the manufactured home.
14             (2)   The community owner may require a resident who is
15      leaving a manufactured home in the community to assign the
16      title to the community owner. If the resident refuses to make
17      the assignment, the community owner may proceed under section
18      8321 (relating to determination of abandonment).
19   § 8327.    Notice requirements in event of closure of community.
20      (a)    Sending of notice.--The notice given to the Pennsylvania
21   Housing Finance Agency under section 8326 (relating to closure
22   of communities) shall be sent by certified mail and shall be
23   addressed to the legal department of the Pennsylvania Housing
24   Finance Agency.
25      (b)    Notice of list.--
26             (1)   No later than December 24, 2012, the Pennsylvania
27      Housing Finance Agency shall transmit notice to the
28      Legislative Reference Bureau for publication in the next
29      available issue of the Pennsylvania Bulletin and shall post
30      on its publicly accessible Internet website that it is

20250HB2098PN2697                     - 30 -
 1      compiling a list of parties interested in receiving copies of
 2      any notice received by it under sections 8325 (relating to
 3      sale or lease of communities) and 8326 and inviting the
 4      parties to provide their contact information to receive
 5      notices of community sales or closures. Interested parties
 6      may indicate their region of this Commonwealth or that they
 7      operate Statewide.
 8            (2)   The Pennsylvania Housing Finance Agency shall send
 9      copies of notices it receives under this section to parties
10      on the list that are Statewide or within the region the
11      parties identify. Notices shall be sent by regular mail or by
12      electronic mail within 10 calendar days of the legal
13      department's receipt of a notice.
14            (3)   Nothing in this subsection shall be construed to
15      create any liability for the Pennsylvania Housing Finance
16      Agency or otherwise to affect the transfer of any real
17      property if there is a failure to provide notice in
18      accordance with this subchapter.
19      (c)   Delivery of notice of closure.--A notice given in
20   accordance with section 8326(a)(1) shall be:
21            (1)   Delivered to an adult resident of each manufactured
22      home space within the community or mailed by first class mail
23      to the resident or tenant of each space.
24            (2)   Posted in the same conspicuous and readily
25      accessible place in the community where the community rules
26      and regulations are posted, under section 8313 (relating to
27      community rules and regulations).
28      (d)   Delivery of notice regarding scheduled closing date.--A
29   notice given in accordance with section 8326(a)(2) shall be
30   given personally to the prospective resident or known

20250HB2098PN2697                    - 31 -
 1   prospective tenant.
 2   § 8328.    Waiver of rights.
 3      The rights and duties of community owners, community
 4   operators and lessees may not be waived by any provisions of a
 5   written or oral agreement. An agreement attempting to limit the
 6   rights shall be void and unenforceable in the courts of this
 7   Commonwealth.
 8   § 8329.    Damages.
 9      (a)    Cause of action.--A community owner, community operator
10   or lessee aggrieved by a violation of rights under this
11   subchapter may institute a private cause of action in an
12   appropriate court of initial jurisdiction within this
13   Commonwealth:
14             (1)   to recover damages;
15             (2)   for treble damages in accordance with this
16      subchapter; or
17             (3)   for restitution.
18      (b)    When rental agreement voidable.--If disclosure as
19   required by 8316 (relating to disclosure of fees) was not
20   provided to the community prospective first-time lessee prior to
21   execution of the manufactured home space rental agreement or
22   prior to initial occupancy of a manufactured home, the rental
23   agreement is voidable by the lessee during the first year of
24   occupancy until five calendar days after the receipt of the
25   disclosure by the lessee.
26      (c)    Notice required to void rental agreement.--To void the
27   rental agreement, the prospective first-time lessee shall
28   deliver written notice to the community owner or community
29   operator within five days after receipt of the disclosure and
30   shall thereupon be entitled to a refund from the community owner

20250HB2098PN2697                       - 32 -
 1   or community operator of any deposit, together with installation
 2   costs for the manufactured home, paid to the community owner or
 3   community operator.
 4      (d)   Rent collection.--A community owner or community
 5   operator may not collect rent from a prospective first-time
 6   lessee until the community owner or community operator and the
 7   lessee have entered into the rental agreement.
 8      (e)   Lease required.--When a community owner or community
 9   operator and a lessee execute a new, renewed or extended lease
10   for a manufactured home space, which increases rent or payables
11   to the lessor, the community owner or community operator may not
12   collect increased rent or fee payable rent from the lessee until
13   the community owner or community operator and the lessee have
14   entered into the new, renewed or extended lease. The following
15   apply:
16            (1)   After receiving 60 days' notice of the community
17      owner's or community operator's intent to offer a new lease,
18      the manufactured home occupant shall have 30 days to either
19      accept the new, renewed or extended rental agreement or to
20      notify the community owner or community operator of intent to
21  

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