Arizona Laws 33-2150. Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability
For recreational vehicles that are park trailers or park models only:
Terms Used In Arizona Laws 33-2150
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Arizona Laws 33-2102
- 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 a change in the use of land from the rental of recreational vehicle spaces in a recreational vehicle park to some other use. See Arizona Laws 33-2102
- Contract: A legal written agreement that becomes binding when signed.
- Landlord: means :
(a) The owner, lessor, sublessor or operator, or any combination of these persons, of a recreational vehicle park. See Arizona Laws 33-2102
- Mobile home: means either of the following:
(a) A residential structure that was manufactured on or before June 15, 1976, that is transportable in one or more sections, eight feet or more in body width, over thirty feet in body length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and not originally sold as a travel trailer or recreational vehicle and that includes the plumbing, heating, air conditioning and electrical systems in the structure. See Arizona Laws 33-2102
- Notice: means delivery by hand or mailed by registered or certified mail to the last known address of the landlord or tenant. See Arizona Laws 33-2102
- Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a recreational vehicle space for more than one hundred eighty days. See Arizona Laws 33-2102
- Writing: includes printing. See Arizona Laws 1-215
1. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing for older persons act of 1995.
2. A tenant is eligible for payment from the mobile home relocation fund if both of the following conditions are met:
(a) The tenant resides in a park trailer or park model that is owned by the tenant and that is located in an age-restricted park.
(b) The landlord implements a change from an age-restricted community to an all-age community as defined by the housing for older persons act of 1995.
3. A landlord who changes a park designation from an age-restricted community shall give written notice of the applicability of this section to all affected tenants.
4. A tenant is eligible to receive relocation expenses pursuant to paragraph 2 of this section as follows:
(a) Within one hundred eighty days after the effective date of notification of the change in the age-restricted community’s use, the tenant shall submit a contract for relocation of the park trailer or park model to the director for approval and to the landlord.
(b) After notice of approval by the director for the payment of relocation expenses, the tenant shall have a fully signed contract with a licensed installer or contractor to move the park trailer or park model to a specific location by a specific date and must have moved the park trailer or park model pursuant to that contract within forty-five days after notice from the director.
(c) The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.
(d) If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following have been completed:
(i) The installer or contractor has obtained valid permits to move the park trailer or park model to a new location.
(ii) The installer or contractor provides documentation to the department that the installation of the park trailer or park model at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.
(e) 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 33-2105, subsection I, if the tenant relocates.
(f) On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the park trailer or park model or four thousand dollars. Compensable moving expenses include the cost of stabilizing, taking down, moving and setting up the park trailer or park model in the new location if the park trailer or park model is relocated to another age-restricted community within this state.
5. The landlord shall not be responsible for making any payment into the mobile home relocation fund for any park trailer or park model moved pursuant to this section.