SB 139

Bill Subjects

Abstract

Prohibits a governmental body from regulating or restricting the installation of a mobile home, manufactured home, or industrialized residential structure within a mobile home community based on the age or size of the mobile home, manufactured home, or industrialized residential structure, regardless of whether: (1) the mobile home, manufactured home, or industrialized residential structure; or (2) the lot on which, or the mobile home community in which, it is or will be located or installed; constitutes a conforming structure or use, or a legal, nonconforming structure or use. Provides that after March 14, 2022: (1) a unit may not adopt, impose, amend, or enforce a regulation, or a provision in a regulation, that violates this prohibition, regardless of when the regulation or provision was originally adopted or imposed; and (2) any provision that: (A) is included in a regulation adopted or imposed by a unit; and (B) violates this prohibition; is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed. Prohibits a unit from adopting, imposing, or enforcing a regulation that mandates size requirements for, or that is based on the age of, a mobile home, a manufactured home, or an industrialized residential structure that will be installed in a mobile home community, regardless of whether the mobile home community, or any part of the mobile home community, constitutes: (1) a conforming structure or use; or (2) a legal, nonconforming structure or use. Provides that after March 14, 2022: (1) a unit may not adopt, impose, amend, or enforce a regulation, or a provision in a regulation, that violates this prohibition, regardless of when the regulation or provision was originally adopted or imposed; and (2) any provision that: (A) is included in a regulation adopted or imposed by a unit; and (B) violates this prohibition; is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed. Provides that a mobile home community operator who attempts to exclude an owner with the intent to evade the requirement that the operator provide notice not less than 180 days before the date of an intended closure commits a deceptive act that is actionable by the attorney general. Amends the statute concerning the reconstruction of nonconforming structures to provide that whenever a legal, nonconforming structure, including: (1) a mobile home; (2) a manufactured home; or (3) an industrialized residential structure; on a parcel of real property used for residential purposes in a mobile home community is removed, the owner of the parcel shall be permitted to replace the structure without losing the status of the structure or parcel as a legal, nonconforming structure or use if the replacement meets the existing statutory requirements. Provides that these provisions concerning the continuing status of the structure or parcel in a mobile home community as a legal, nonconforming structure or use apply after March 14, 2022, regardless of whether: (1) the structure or parcel is conferred status as a legal, nonconforming structure or use; or (2) the legal nonconforming structure is: (A) damaged, destroyed, or removed; or (B) reconstructed, renovated, repaired, or replaced; before or after March 15, 2022.