|
No
Protection from Eviction, Even After 16 Years
Ms. Lopez came to Legal Aid of Central Texas in the fall of 1998 with
a problem: her landlord had given her a 30 day notice to vacate her lot
of 16 years. The park manager claimed that Ms. Lopez had failed to repair
a water leak, her lot was not well kept, and an air-conditioning unit
had been on her porch for over a month.
70 year old Ms. Lopez had attempted to get the water leak fixed previous
to her eviction notice. The repairman, however, refused to work on her
water because of standing sewage in the area around her home, caused by
problems with the park sewage system. The worker felt it was dangerous
to work under such conditions. Several boxes and some furniture were outside
her unit from her daughter's recent move, awaiting rental of a storage
unit. The air-conditioning unit, which was functional, was on her porch
while she waited for help to move it into storage.
Ms. Lopez had no recourse under current statutes in Texas. Her 16 year
residency could be terminated with little notice or provocation. In this
case, because the absentee landlord drove by her property and didn't like
what he saw from his car window on that day.
Source: Interview
with Legal Aid of Central Texas personnel.
Name of tenant changed to protect her privacy
|
Recommendations
Give
Manufactured Homeowner Tenants warning before closing parks. Twelve
months warning should give all the residents enough time to locate spaces
that would accept their homes. It would also give the tenants time to
make an offer to buy out the current owner of the park and continue
operating it themselves.
Clarify the relationship
between homeowner and the park owner. Give tenants the right
to a one year, written, renewable lease that clearly discloses rent
levels and the rate of rent increases.
Require landlords to
show good cause for evictions. Evictions can cost homeowners
thousands of dollars in moving costs and damage to unit.
Respect the individual
rights of the tenants and require community rules to relate to the health,
safety, and welfare of park tenants. Void unreasonable and arbitrary
park rules and return the rights of privacy and freedom of speech and
petition to homeowners. These homeowners are not renting the home: it
is their property. Landlords should not have a right of entry except
in emergencies.
Current
Legislation
H.B. 557 would provide
some of the protections needed in Texas. This bill:
-
Requires
renters to have the option of a one-year written lease. This is the
law in at least 13 states, including Illinois, Iowa, Washington and
Florida. Written leases are required or must be offered in 24 states.
-
Requires
renewal of leases.
-
Requires
12 months notice prior to park closures. At least 20 states require
notice of change of use, including New Mexico, Ohio, and Nevada.
-
Provides
legal protections equivalent to those of tenants under the Property
Code on matters such as security deposits and repair/repair-payment
procedures. At least 28 states, including Arizona, Minnesota, Oregon
and Florida require landlords to show good cause for evictions.
-
Prohibits
evictions without cause.
-
Prohibits
interference by landlords in the sale of a home, landlords from requiring
that tenants use them as a sales agent, and prohibits landlords from
requiring that tenants move the home out when they sell it.
This bill does not:
-
Require
multi-year leases. Long term leases provide the long-term stability
and predictable rent increases which would be needed to make manufactured
housing a housing option for those living on a fixed income. The National
Communities Council, a park-owner industry group, recently found that
leases 5 years longer than financing terms (i.e. 35 years for a 30
year loan) would be needed to obtain conventional financing on manufactured
housing.(32)
-
Address
"tying" of manufactured homes or required services. Consumers
should have access to the whole market when buying homes or add-ons.
The Urban Land Institute found that "in all but three states,
the developer must admit any home that meets the communities design
guidelines."(33) Our lack of a
specific statute leads us to believe Texas is one of those three states.
-
Provide
right of first refusal. Residents should have the opportunity to buy
the park out at the same price as other purchasers to prevent change
of use. At least six states provide for this.
- Prohibit forced removal
of homes from parks because of age. Once accepted into a park, a home
should not be forced out of a park solely because of its age or model.
At least seven states provide for this.(34)
Texas has a long way to go
to protect this unique class of homeowners. They need access to stable,
safe, and fair environments for placement of their homes. It is time we
act to give them the rights they need. HB 557 is a long overdue first
step.
Notes:
_______
32 "Conventional Mortgage Financing On Homes in
Communities a Reality,"
Communities Council, Summer 2000.
33 Manufactured Housing: An Affordable Alternative Diane Suchman, Urban
Land Institute March 1995.
34 Manufactured Housing Park Tenants: Shifting the Balance of Power.
AARP 1991 And Oregon Revised Statutes 90.632
|
