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:

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.