HB 596 – AS INTRODUCED
2011 SESSION
05/04
HOUSE BILL 596
AN ACT establishing a recommended procedure upon the abandonment or foreclosure of a manufactured home within a housing park.
SPONSORS: Rep. Emerton, Hills 7
This bill establishes a procedure for the tenants’ association to pay association fees and maintenance costs for a manufactured home that has been abandoned or is in foreclosure, and to obtain a priority lien against the housing for such costs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0756
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT establishing a recommended procedure upon the abandonment or foreclosure of a manufactured home within a housing park.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Regulation of Manufactured Housing Parks. Amend RSA 205-A:4-a, VII to read as follows:
VII. A park owner or operator may commence eviction proceedings against a tenant at any time in accordance with the provisions of this chapter and may take possession of the space in the park occupied by such tenant following the issuance of a writ of possession, provided that if there is an eligible lienholder, it must be given written notice of the commencement of such proceedings and the eligible lienholder does not elect to assume responsibility for the payment of the rent and other charges within the 60-day period allowed by RSA 205-A:4-a, II. The park owner or operator shall have a lien on the manufactured housing of a tenant for the amount of all of the rent and other charges due from the tenant and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site, which lien shall take priority over all prior liens other than liens of the tenants’ association, liens on account of real estate taxes, and liens of eligible lienholders except as otherwise provided in RSA 205-A:4-a, IV and V. Such lien of the park owner or operator shall be in the nature of a security interest in manufactured housing as provided in RSA 477:44, IV. The park owner or operator may sell the manufactured housing as permitted by RSA 382-A:9 to recover the amount of its claim, subject to the homestead rights of the tenant as provided in RSA 480:1 unless waived by the tenant. A tenant shall be deemed to have waived the tenant's homestead rights if the tenant has executed a written waiver or if the rent and other charges due from the tenant are more than 60 days in arrears and the tenant has abandoned the premises, as evidenced by the absence of the tenant from the premises and the termination of any utility service serving the premises. Upon sale of the manufactured housing, the park owner or operator shall convey the manufactured housing by means of a deed or other document conforming to the requirements of RSA 477:44. The board of selectmen or assessors of the city or town may issue a statement that the manufactured housing may be relocated without the payment of the taxes assessed thereon as provided in RSA 80:2-a in the event the proceeds from the sale are insufficient to pay the full amount of the property tax outstanding. The costs of sale pursuant to RSA 382-A:9 shall be deducted from the proceeds of the sale and paid to the seller. Nothing contained in this section shall affect the obligations of the tenant to the park owner or operator under any rental or other agreement or the park rules.
2 New Paragraph; Lien of Tenants’ Association. Amend RSA 205-A:4-a by inserting after paragraph VII the following new paragraph:
VIII. Upon initiating an eviction proceeding under paragraph VII, the park owner or operator shall give notice of the proceeding to the tenants’ association, if any. Within 3 months of initiating a proceeding under paragraph VII, if the park owner, operator, or eligible lienholder has not paid outstanding association fees or maintenance costs owed by the tenant, the tenants’ association may, upon a majority vote of the association, pay such fees and costs. The tenant’s association shall have a priority lien on the manufactured housing for the amount of any fees and costs paid by the association. The lien shall be in the nature of a security interest in the manufactured housing as provided in RSA 477:44, VI and shall take priority over all prior liens, including those of the park owner or operator, other than liens on the account of real estate taxes and liens of eligible lienholders except as otherwise provided in paragraphs VI and VII.
3 Effective Date. This act shall take effect July 1, 2011.