Mobile Home Park Law 101 Affordable Housing Advocacy in Florida

Nejla Calvo, Esq.

Mobile Home Park Advocacy Project

Legal Services of Greater Miami, Inc.

Today’s Webinar Brought To You By:

The webinar, power point and

CLE information will be found at

www.flpublicinterestlaw.org.

Information about joining the

section is also found there.

Providing civil legal assistance to

low income individuals in 16

counties.

PILS thanks LSNF for hosting

the presentation of this webinar.

Soon to be the Equal Justice Section

Our Presenter Nejla Calvo - Staff Attorney at Legal Services of

Greater Miami, Inc. (former Equal Justice Works Fellow). She leads the Mobile Home Park Advocacy Project at LSGMI.

The Mobile Home Park Advocacy Project builds and strengthens homeowners’ associations in mobile home parks throughout Miami-Dade and Monroe counties.

The Project works to increase mobile homeowners’ knowledge of their rights, responsibilities, and options for improving their communities.

Specifically, the Project focuses on building the capacity of mobile homeowners’ associations so that residents have more protections under Florida law.

Email: ncalvo@legalservicesmiami.org

Presentation Outline

1. Description of mobile home park tenancies

2. Rights and obligations of homeowners and park owners under Florida Mobile Home Act

3. Evictions & Defenses under Ch. 723

4. Park Closures / Park Sales

5. Improper rent increases/decreases in park services

6. Importance of HOAs

7. FL DBPR Division of Mobile Homes

8. Consumer practices - buying a mobile home

MOBILE HOME PARK TENANCIES

Mobile Homes Last form of affordable unsubsidized housing

Hybrid ownership – own the mobile home and rent the lot

Approx. 850,000 mobile homes in Florida; 11.6% of total housing units*

Affordable rents – FL average lot rent $400

◦ FL average FMR for 2-bdr unit $903

*Source: U.S. Census Bureau

Affordable Housing for low-

income families

Retirement Communities

Residents

• Elderly / disabled

• Retirees

• Immigrants

• Families

• Working poor

Pressure of Re-Development

Legal Issues in MHPs

Evictions from mobile home park

Code enforcement (building, fire, health)

Improper rent increases

Decreases in park services

Park sales

Park closures

Abuse of power by Park Owners/Management

Title Issues

Substantive Law

Ch. 723 of the Florida Statutes –“The Florida Mobile Home Act” governs the rental of mobile home lots in Florida.

Applies to parks in which 10 or more lots are offered for rent.

Applies to “mobile homes” or “park trailer on mobile home lot in mobile home park” (§723.002)

Other landlord/tenant relationships are governed by Ch. 83.

If tenant rents both home and lot, Ch.83

Make sure it is a Mobile

Home or Park Trailer!

Body Type “HS” on

mobile home title

Definition of “mobile

home” (§723.003(8))- 8

body ft or more in width,

over 35 body ft in length

with the hitch

Definition of “park

trailer”/ “park model”

(§320.01(7)) –

transportable unit, body

width not exceeding 14 ft,

built on single chassis

*If RV, not covered by FL

Mobile Home Act (Ch.

513 applies; but if non-

transient guest staying

over 6 months, then Ch.

83 applies for evictions)

RESOURCE to understand Ch. 723

HAUSER - Hauser, James. C., Florida

Residential Landlord Tenant Manuel –

Volume 1A, Chapter 8 , “Mobile Homes”

(2018)

Rights and obligations of

homeowners and park owners

under Florida Mobile Home Act

General Obligations of park owner

Park owner (§ 723.022): 1. Comply with building, housing, health codes

2. Maintain common areas – safe and clean

3. Provide access to common areas at all reasonable times for the benefit of park residents and guests

4. Maintain utility connections and systems

5. Comply with park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not disturb park residents or constitute a breach of peace

General Obligations of Mobile

Home Owner

Mobile home owner (§ 723.023):

1. Comply with building, housing, health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot.

The home owner is responsible for all fines imposed by the local government for noncompliance with codes

2. Keep the mobile home lot clean, neat, and sanitary, and maintained in compliance with all local codes

3. Comply with park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not disturb park residents or constitute a breach of peace

Right to Peacefully Assemble

§ 723.054

Mobile homeowners have a right to peacefully assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the mobile home park

Right to communicate or assemble to discuss any problems relative to the park

Park owner may not unreasonably restrict the use of any facility when requested

Park owner’s access to mobile

home and mobile home lot § 723.025

Park owner has no right of access to a mobile home unless the mobile home owner’s prior written consent has been obtained or unless to prevent imminent danger to an occupant of the mobile home or to the mobile home

Park owner has right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owner’s quiet enjoyment of the lot.

§ 723.021 – Obligation of Good

Faith and Fair Dealings “Every rental agreement or duty within this

chapter imposes an obligation of good faith and fair dealings in its performance or enforcement.

Either party to a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair dealings.

Upon such a finding, the court shall award reasonable costs and attorney’s fees to the prevailing party for proving the noncompliance.”

§ 723.068 – Attorney’s Fees

“Except as provided in s. 723.037, in any

proceeding between private parties to

enforce provisions of this chapter, the

prevailing party is entitled to a reasonable

attorney’s fee.”

Evictions & Defenses

under Ch. 723

EVICTIONS FROM MHP

Fla. Stat. § 723.061

1. Nonpayment of lot rent

2. Criminal conviction that affects health, safety, or welfare of other residents

3. Violation of park rule or rental agreement

Serious/endangerment (non-curable)

Minor (opportunity to cure, 2 strikes)

4. Change in use of the land

5. Failure to obtain park approval to become tenant

• NO eviction for expiration of lease term

• Summary Procedure - § 51.011

Nonpayment of lot rent

§ 723.061(1)(a) Defenses: ◦ Notice must provide 5 Days to pay lot rent

◦ Payment to park owner (acceptance = waiver)

◦ Tender to park owner (attempted payment)

◦ Material noncompliance by park owner (if homeowner provided written 7 day notice of rent withholding) – § 723.063(1)

◦ Improper Service of Notice – § 723.061(4) - notice must be posted and sent via certified mail, return receipt requested

◦ Deposit all past due rent, costs and fees into court registry compels denial of eviction– § 723.061(1)(a)

Criminal Conviction- §723.061(1)(b)

Defenses:

◦ Must be conviction (not arrest, not charges)

◦ Must be detrimental to health, safety, or welfare of other residents of the park (unclear what criminal violations would fall under this)

◦ Notice must give 7 Days to vacate

◦ Notice must be specific enough to articulate a defense (not vague)

◦ Waiver by acceptance of payment

◦ Improper Service of Notice – 723.061(4) - notice must be posted and sent via certified mail, return receipt requested

For Cause Eviction (endangerment /non-

curable)– § 723.061(1)(c)(1)

Violation of Park Rules or Rental Agreement or Chapter 723 (serious/non-curable)

Must be an act that endangered the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents

Park owner can terminate tenancy with 7 day written notice to vacate

Must be a properly promulgated rule or regulation

Must be found by any court of competent jurisdiction to have been an act that endangered

◦ (arguably a condition precedent to the eviction)

Defenses to eviction for endangerment/ non-curable violations ◦ Failure of condition precedent

Notice provides less than 7 days to vacate

No court of competent jurisdiction found it to be an act that endangers

◦ Vague notice (must provide detail of the violation and how it endangers, enough to articulate a defense)

◦ Is it egregious? Is it curable? (Make argument for opportunity to cure; i.e. speeding in MHP)

◦ Waiver by acceptance of rent payment

◦ Cannot be arbitrary enforcement of rules – “A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction.” §723.061(1)(c)

◦ Improper Service – § 723.061(4) - notice must be posted and sent via certified mail, return receipt requested

◦ Violation of obligation of good faith – § 723.021

◦ Retaliatory Eviction - § 723.0615

For Cause Eviction – §723.061(1)(c)(2) (curable violation of park rules/ rental

agreement/ chapter 723)

Examples: unauthorized guest, unauthorized pet, failure to maintain lot, noise violation, etc.

Process:

1. Park owner must notify within 30 days after knowledge of the violation

2. First notice must provide 7 days to cure the violation

3. If same (not similar) violation occurs a second time within a year, park owner must serve 30 day notice to vacate

4. Park owner files eviction after expiration of 30 day notice of termination

Defenses (Eviction for curable violations) ◦ Failure of condition precedent (if park owner did not

follow statutory process)

◦ Failure to provide opportunity to cure

◦ Vague notice (must detail the violation)

◦ Violation not the same violation

◦ Waiver by acceptance of rent payment

◦ Improper Service of Notice – 723.061(4) - notice must be posted and sent via certified mail, return receipt requested

◦ Cannot be arbitrary enforcement of rules – “A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction.”

◦ Retaliatory Eviction - § 723.0615

◦ Violation of obligation of good faith – 723.021

Eviction for Change in Use of Land /

Park Closure – § 723.061(1)(d) Park owner must provide 6 month notice of change in use

Can be for any portion of land or the entire park

Notice must include statutory language re: FMHRC assistance

Homeowner eligible for FMHRC assistance (paid by park owner) - http://dev.fmhrc.org/test-web/faq.php (§723.0612)

Relocation - $3,000 for single-wide, $6,000 for double-wide

Abandonment - $1,375 for single-wide; $2,750 for double-wide

Must have title to home to be eligible / cannot owe rent

Homeowner(s) have 90 days to object to change in use of land by petitioning for administrative or judicial remedies or barred from taking any subsequent action to contest change in use (§ 723.061(2))

Defenses:

Government Action hook? - § 723.083

◦ Cannot approve application for rezoning or take “any other official action” which would result in removal of homeowners without first determining that adequate mobile home parks or other suitable facilities exist for relocation

Violation of Obligation of Good Faith- § 723.021

Failure to obtain park approval to

become tenant - § 723.061(1)(e)

If purchaser/occupant of a mobile home

situated in a park fails to obtain park approval

to become a tenant (such approval must be

required by a properly promulgated rule)

Park owner delivers 7 day notice to vacate

Defense: Park must provide purchaser with

opportunity to apply for tenancy (§723.059 )

Park must approve application if buyer qualifies

Park cannot unreasonably withhold approval

Registry Deposits during eviction

If eviction for nonpayment of lot rent, must deposit unpaid rent into the court registry OR file Motion to Determine Rent and attach proof within 5 days of service of complaint.

Best practice to deposit undisputed amount into registry even if filing MTDR. Must deposit ongoing rent as it becomes due.

If eviction for cause, not nonpayment, not required to deposit lot rent into the court registry (§723.063).

Best practice to file Motion to Determine Rent/Notice of No Requirement to Deposit Rent and cite statute.

What happens to mobile home

after eviction? If you are evicted from a park, but you own your

mobile home, you can remove it from the park and take it somewhere else

Often cost prohibitive (about $10k)

Homes often not mobile

Can sell mobile home during eviction and even after final judgment (new buyer must apply for residency in park) ◦ Park must approve application if buyer qualifies; park

cannot unreasonably withhold approval (§723.059 )

◦ Park cannot restrict sale of mobile home (§723.058)

If mobile home considered abandoned, park owner can place a storage lien on mobile home and park owner gets title to the home and rents or re-sells it (§723.084)

Park Sales

Sale of Mobile Home Parks

§ 723.071

If a park owners offers the park for sale,

must notify HOA board of the offer,

stating the price and the terms of sale

HOA has the right to purchase the park

for same price and terms w/in 45 days

◦ Park must be “offered for sale to general

public” to trigger HOA right of first refusal

Improper Rent Increases /

Decreases in park services

Rent Increases/Decrease in services 723.037 – Lot rental increases, reduction in services or utilities,

change in rules

◦ Park owner gives 90 day written notice

◦ A committee of 5 designated by a majority of homeowners or the HOA board of directors can make a written request to meet with the park owner

◦ Shall meet no later than 60 days before the effective date of change to discuss reasons for increase and any other issue

◦ If committee, disagrees, must disclose to park owner in writing within 15 days of first meeting and request another meeting

◦ Can continue to meet until settlement, or if still a dispute, then

◦ Majority of homeowners can petition the Fla. Division of Mobile Homes to initiate mediation pursuant to 723.038 (must petition within 30 days of the last meeting between park owner and

committee)

723.033 – Unreasonable lot rental increases

◦ Unreasonable = excess of market rent

◦ Determined by Court

The Importance of Mobile

Homeowners’ Associations

The Importance of HOAs

Properly formed HOA represents all mobile homeowners in the park

More protections under Ch. 723 ◦ Notification of park sale and right of first refusal

◦ Ability to challenge rent increase and decreases in park services

◦ Ability to sue on behalf of all homeowners

Can represent HOA in litigation for matters of common interest (Fla. R. Civ. P. 1.222)

Leverage group power to negotiate (especially during park closures)

Provides framework for organized communication among residents

Formal relationship with park administration

Forming a Mobile Homeowners’

Association - § 723.075

Can be formed as for profit or not for profit

corporation

2/3 of mobile home owners must consent in writing to form

Quorum must be present at elections for Board of Directors (30% of total membership)

Members bound by HOA bylaws and articles

Bylaws and Articles must comply with language in 723.078 (Bylaws) and 723.077 (Articles)

Incorporate HOA (Sunbiz.org) & notify park owner (§ 723.076)

DBPR: Division of Florida

Condominiums, Timeshares, and

Mobile Homes

Florida Division of Mobile Homes

Public records on MHPs (prospectus, notices of lot rental increase, complaints, etc.): http://www.myfloridalicense.com/DBPR/about-us/open-government/

Handles Petitions for Mediations for rent disputes, decrease in park services, changes in park rules and regulations

Homeowners can file complaints: http://www.myfloridalicense.com/dbpr/lsc/documents/mobilehomecomplaintform.pdf

Powers and Duties of Division – §723.006

Division has power to investigate violations of Ch. 723, such as:

◦ Improper or undelivered prospectus

◦ Improper “pass on” and “pass through” charges

◦ Right to install appliances

◦ Prohibited guest fees

◦ Restrictions on sale of mobile homes

◦ Improper notifications of park sale

◦ Failure of park owner to attend meeting with homeowners

committee re: rental increase

Division has no authority to enforce park owner’s general

obligations under 723.022 or to determine if increases and rule

changes are reasonable

Division can send notice to park owner to cure violation, can

impose fines against park owner, and can pursue enforcement of

penalty in court of competent jurisdiction

Florida Department of Health

Info on Mobile Home Parks (master list of

all Florida MH and RV parks)

Park owner contact info, number of

overall lots, number of occupied lots

Updated each year

LINK:

http://www.floridahealth.gov/environment

al-health/mobile-home-parks/index.html

Consumer Practices –

Buying a Mobile Home

Consumer Practices –

Buying a Mobile Home

Consumer Pamphlet Link: https://www.floridabar.org/public/consumer/tip004/

Do your homework!

◦ Visit the park

◦ Talk to the people who live in the park

◦ Figure out what you are buying

◦ Check public records

Clerk of courts

Public records

Code enforcement

Google

Florida Dept. of Highway Safety and Motor Vehicles

Consumer Practices Cont.

Check the mobile home park’s rules and regulations

Shop around

Dealers

◦ Ask for names of prior customers

◦ Call the Better Business Bureau

◦ Check warranty

Making changes to the mobile home

Closing the deal

Hurricane and Flood insurance

Title Issues Proof of Ownership ◦ Important for eviction defense

◦ Important for relocation assistance during change in use of land

◦ Important for disaster assistance - FEMA

Apply for title at FL DMVHS: https://flhsmv.gov/dmv/title_register.html

“No Place Like Home”- Legal Services of North Florida provides assistance with clearing title for mobile homeowners. Visit LSNF online at www.lsnf.org

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