Arizona Laws 33-1476.01. Change in use; notices; compensation for moving expenses; payments by the landlord; applicability
A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use.
Terms Used In Arizona Laws 33-1476.01
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Change in use: means either of the following:
(a) A change in the use of land from the rental of mobile home spaces in a mobile home park to some other use. See Arizona Laws 33-1409
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of the Arizona department of housing. See Arizona Laws 33-1409
- Fund: means the mobile home relocation fund. See Arizona Laws 33-1409
- Landlord: means the owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park and it also means a manager of the premises who fails to disclose as required by section 33-1432. See Arizona Laws 33-1409
- Mobile home park: means any parcel of land that contains four or more mobile home spaces. See Arizona Laws 33-1409
- Mobile home space: means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections. See Arizona Laws 33-1409
- Moving expenses: means the cost incurred by the tenant whose mobile home is moved for taking down, transporting and setting up the mobile home with the identical, or substantially similar, improvements as were attached to the tenant's mobile home on the mobile home space from which it was removed but does not include the cost of landscaping or the cost of utility lines, trenching or utility connections located in excess of twenty-five feet from the point of hookup on the mobile home. See Arizona Laws 33-1409
- Person: includes a company, partnership or firm as well as a natural person. See Arizona Laws 33-1409
- Premises: means the mobile home park and its existing facilities and appurtenances, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant. See Arizona Laws 33-1409
- Rent: means payments to be made to the landlord or designated agent in full consideration for the rented premises. See Arizona Laws 33-1409
- Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space. See Arizona Laws 33-1409
- Writing: includes printing. See Arizona Laws 1-215
B. The landlord shall inform all tenants in writing about the mobile home relocation fund established by Section 33-1476.02.
C. If a tenant is required to move due to a change in use or redevelopment of the mobile home park, the tenant may do any of the following:
1. Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the mobile home to a new location that is within a one hundred-mile radius of the vacated mobile home park or the maximum of $12,500 for a single section mobile home or $20,000 for a multisection mobile home. Moving expenses include the cost of stabilizing, taking down, moving and setting up the mobile home in the new location.
2. Abandon the mobile home in the mobile home park and collect an amount equal to forty percent of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for abandonment payment pursuant to this paragraph, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the Arizona department of housing in support of the tenant’s application for payment. If the tenant chooses to abandon the mobile home pursuant to this paragraph, the landlord is exempt from making the payments to the fund prescribed in subsection D of this section.
3. If a mobile home is relocated to a location outside of the vacated mobile home park and, in the sole judgment of the director, the mobile home was ground set in the mobile home park from which it was removed, the tenant may collect additional monies not to exceed $2,500 for the incremental costs of removing a ground-set mobile home. These monies are in addition to any monies provided pursuant to paragraph 1 of this subsection.
D. Except as provided in subsection C, paragraph 2 and subsection F of this section and Section 33-1476.04, subsection D, if there is a change in use the landlord shall pay $500 for each single section mobile home and $800 for each multisection mobile home relocated to the fund for each tenant filing for relocation assistance with the director.
E. If a change in use occurs before the time stated in the statements of policy and the landlord does not comply with subsection A of this section and with section 33-1436 and section 33-1476, subsection H, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:
1. $500 for each mobile home space occupied by a single-section mobile home.
2. $800 for each mobile home space occupied by a multisection mobile home.
F. The landlord is not required to make the payments prescribed in subsections D and E of this section for moving mobile homes owned by the landlord or for moving a mobile home under a contract with the tenant if the tenant does not file for relocation assistance with the director.
G. If a change in use occurs within two hundred seventy days after relocations under Section 33-1476.04, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:
1. $500 for each mobile home space occupied by a single section mobile home.
2. $800 for each mobile home space occupied by a multisection mobile home.
H. The tenant shall submit a contract for relocation of a mobile home for approval to the director within sixty days after the relocation to be eligible for payment of relocation expenses. The director must approve or disapprove the contract within fifteen days after receipt of the contract, or the contract is deemed to be approved.
I. If the contract is approved, the payment of relocation expenses shall be made to the installer when both of the following are complete:
1. The installer obtains valid permits to move the mobile or manufactured home to a new location.
2. The installer provides documentation to the department that the installation of the mobile or manufactured home at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.
J. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to Title 41, Chapter 37, Article 5. The tenant shall provide notice pursuant to section 33-1451, subsection A, paragraph 6 if the tenant relocates.
K. If this state or a political subdivision of this state exercises eminent domain and the mobile home park is sold or a sale is made to this state or a political subdivision of this state that intends to exercise eminent domain, the state or political subdivision is responsible for the relocation costs of the tenants.
L. If a tenant is vacating the premises and has informed the landlord or manager before the change-in-use notice has been given, the tenant is not eligible for compensation under this section.
M. A person who purchases a mobile home already situated in a park or moves a mobile home into a park in which a change-in-use notice has been given is not eligible for compensation under this section.
N. After delivery of the one hundred eighty-day notice prescribed by subsection A of this section, the landlord and the tenants shall inform any prospective buyer or tenant that closure of the park is pending.
O. This section does not apply to a change in use if the landlord moves a tenant to another space in the mobile home park at the landlord’s expense.