SB-0544, As Passed Senate, July 1, 2004
SUBSTITUTE FOR
SENATE BILL NO. 544
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 11, 12,
13, 14, 16, 16a, 17, 18, 21, 22, 23, 24, 25, 27, 28, 28a, 28b,
28c, 29, 30, 30a, 30b, 30c, 30d, 30e, 30f, 30g, 30h, 31, 38, and
43 (MCL 125.2301, 125.2302, 125.2303, 125.2304, 125.2305,
125.2306, 125.2307, 125.2311, 125.2312, 125.2313, 125.2314,
125.2316, 125.2316a, 125.2317, 125.2318, 125.2321, 125.2322,
125.2323, 125.2324, 125.2325, 125.2327, 125.2328, 125.2328a,
125.2328b, 125.2328c, 125.2329, 125.2330, 125.2330a, 125.2330b,
125.2330c, 125.2330d, 125.2330e, 125.2330f, 125.2330g, 125.2330h,
125.2331, 125.2338, and 125.2343), section 28 as amended by 1993
PA 241 and sections 28a, 28b, 28c, and 43 as added and section 38
as amended by 1988 PA 337; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An
act to create a mobile home manufactured housing
3 commission; to prescribe
its powers and duties and those
4 certain powers of local
governments; to provide for a mobile
5 home manufactured housing code and the licensure,
regulation,
6 construction, operation,
and management of mobile manufactured
7 home parks, the licensure and regulation of retail sales dealers,
8 warranties of mobile manufactured
homes, and service practices
9 of dealers; to provide
for the titling of mobile manufactured
10 homes; to prescribe the
powers and duties of certain agencies
11 and departments; to provide remedies and penalties; to declare
12 the act to be remedial; to
repeal this act on a specific date;
13 and to repeal certain
acts and parts of acts.
14 Sec. 1. This act shall be known and may be cited as "the
15 mobile home manufactured housing commission act".
16 Sec. 2. As used in this act:
17 (a) "Campground" means a campground as defined in
18 section 12501 of the
public health code, Act No. 368 of the
19 Public Acts of 1978,
being section 333.12501 of the Michigan
20 Compiled Laws 1978 PA 368, MCL 333.12501.
21 (b) "Code"
means all or a part of the mobile home
22 manufactured housing code
promulgated pursuant to as required
23 in section 5.
24 (c)
"Commission" means the mobile home code manufactured
25 housing commission created under section 3.
26 (d)
"Department" means the department of commerce consumer
27 and industry services.
1 (e) "Installer and repairer" means a person, including a
2 mobile manufactured home dealer, who for compensation
installs
3 or repairs mobile manufactured
homes.
4 (f) "Local government" means a county or municipality.
5 (g) "Mobile "Manufactured
home" means a structure,
6 transportable in 1 or
more sections, which that is built on a
7 chassis and designed to be used as a dwelling with or without
8 permanent foundation, when connected to the required utilities,
9 and includes the plumbing, heating, air-conditioning, and
10 electrical systems contained in the structure. Manufactured home
11 includes a manufactured home as defined in section 603(6) of the
12 national manufactured housing construction and safety standards
13 act of 1974, title VI of the housing and community development
14 act of 1974, Public Law 93-383, 42 USC 5402.
15 (h) "Mobile "Manufactured
home dealer" means a person
16 other than a manufacturer engaged in the business of buying
17 mobile manufactured homes for resale, exchange,
lease, or rent
18 or offering mobile manufactured
homes for sale, lease, rent, or
19 exchange to customers.
20 (i) "Mobile "Manufactured
home park" means a parcel or
21 tract of land under the control of a person upon which 3 or more
22 mobile manufactured homes are located on a continual,
23 nonrecreational basis and
which that is offered to the public
24 for that purpose regardless of whether a charge is made
25 therefor for that purpose, together with any a
building,
26 structure, enclosure, street, equipment, or facility used or
27 intended for use incident
to the occupancy of a mobile
1 manufactured home.
2 (j) "Municipality" means a city, village, or township.
3 (k) "Person" means an individual, partnership, association,
4 trust, or corporation, or
any other legal entity or combination
5 of legal entities.
6 (l) "Recreational vehicle" means a vehicle primarily
7 designed and used as temporary living quarters for recreational,
8 camping, or travel purposes, including a vehicle having its own
9 motor power or a vehicle mounted on or drawn by another vehicle.
10 (m) "Seasonal mobile
manufactured home park" means a
11 parcel or tract of land under the control of a person upon which
12 3 or more mobile manufactured
homes are located on a continual
13 or temporary basis but
occupied on a temporary basis only , and
14 which that is offered to the public for that purpose
regardless
15 of whether a charge is
made therefor for that purpose, together
16 with any a
building, enclosure, street, equipment, or facility
17 used or intended for use
incident to the occupancy of a mobile
18 manufactured home.
Seasonal mobile manufactured home park does
19 not include a campground
licensed pursuant according to
20 sections 12501 to 12516
of the public health code, Act No. 368
21 of the Public Acts of
1978, being sections 333.12501 to 333.12516
22 of the Michigan
Compiled Laws 1978 PA 368, MCL
333.12501 to
23 333.12516.
24 (n) "Security interest", "security agreement", "secured
25 party", and "termination statement" have the same meanings as in
26 the uniform commercial
code, Act No. 174 of the Public Acts of
27 1962, being sections
440.1101 to 440.11102 of the Michigan
1 Compiled Laws 1962 PA 174, MCL 440.1101 to 440.11102.
2 Sec. 3. (1) The mobile
home manufactured housing
3 commission is created
within the department. of commerce.
4 (2) The commission
consists of 11 13 members appointed by
5 the governor with the advice and consent of the senate, each of
6 whom shall be a citizen of this state.
7 (3) The members of the commission shall include each of the
8 following:
9 (a) A
representative of an organization whose membership
10 consists of mobile
home residents.
11 (b) A
representative of financial institutions.
12 (c) Two operators
of a licensed mobile home park having 100
13 or more sites and 1
operator of a licensed mobile home park
14 having less than 100
sites.
15 (d) A
representative of organized labor.
16 (e) An elected
official of a local government.
17 (f) A licensed
mobile home dealer.
18 (g) One resident
of a licensed mobile home park having 100 or
19 more sites and 1
resident of a licensed mobile home park having
20 less than 100 sites.
21 (h) A manufacturer
of mobile homes.
22 (a) A local elected official that represents a county.
23 (b) A local elected official that represents a township.
24 (c) A local elected official that represents a school board
25 or a municipal planner who does not need to be a local elected
26 official.
27 (d) A local elected official that represents a village.
Senate Bill No. 544 as amended July 1, 2004
1 (e) A member of a park residents association.
2 (f) A park resident who shall also be a representative of
3 organized labor.
4 (g) Three operators of licensed manufactured home parks.
5 (h) A manufacturer of manufactured homes.
6 (i) A manufactured home servicer or installer.
7 (j) A representative of financial institutions.
<<(k) A manufactured home dealer.>>
8 (4) A person appointed to be a member under
9 subsection (3)(a), (d), (e),
(g) or (f), or a member of that
10 person's immediate family shall not have more than a 1% ownership
11 interest in or income
benefit from a manufacturer of mobile
12 manufactured homes, a
retail seller of mobile manufactured
13 homes, a licensed mobile
manufactured home park, or a supplier
14 of ancillary products or
services to the mobile manufactured
15 home industry.
16 (5) The term of each member shall be for 3 years. A vacancy
17 in the office of a member shall be filled by the governor for the
18 remainder of the unexpired term, not more than 1 month after the
19 vacancy is created, in the same manner as the original
20 appointment.
21 (6) The per diem compensation of the commission and the
22 schedule for reimbursement of expenses shall be established
23 annually by the legislature.
24 (7) Six members of the commission constitute a quorum for all
25 purposes, notwithstanding the existence of a vacancy in the
26 commission's membership. Action may be taken by the commission
27 by a vote of a majority of the members appointed and serving.
1 Meetings of the commission may be called by the chairperson or by
2 3 members on 3 business days' actual notice. At least 1 meeting
3 shall be held each calendar quarter. The commission may hold
4 meetings anywhere in this state.
5 (8) The commission shall elect a member of the commission as
6 its chairperson and another member as its vice-chairperson. The
7 duties and powers of the
chairperson and vice-chairperson shall
8 be are as prescribed in the commission's rules.
9 (9) A member of the commission may be removed from office by
10 the governor for inefficiency, neglect of duty, or misconduct or
11 malfeasance in office. A member of the commission who has a
12 direct pecuniary interest in a matter before the commission shall
13 disclose that interest before the commission taking action with
14 respect to the matter.
, which The disclosure shall become a
15 part of the record of the commission's official proceedings.
16 Sec. 4. (1) The commission may do all of the following:
17 (a) Promulgate rules to implement and administer this act.
18 (b) Act for the purpose of establishing a uniform policy
19 relating to all phases of
mobile manufactured home businesses,
20 mobile manufactured home parks, and seasonal mobile
21 manufactured home parks.
22 (c) Determine the
sufficiency of local mobile manufactured
23 home ordinances which
that are designed to provide a local
24 governments government with superintending control over
25 mobile manufactured home businesses, mobile manufactured
home
26 parks, or seasonal mobile
homes manufactured home parks.
27 (d) Conduct public hearings relating to the powers prescribed
1 in this subsection.
2 (2) The director of commerce
consumer and industry services
3 or an authorized representative of the director shall do all of
4 the following:
5 (a) Administer the rules promulgated by the commission.
6 (b) Conduct hearings relating to violations of this act or
7 rules promulgated under this act.
8 (c) Make investigations to determine compliance with this act
9 and rules promulgated under this act.
10 (d) Provide assistance to the commission as the commission
11 requires.
12 (3) The commission shall not act for the purpose of
13 regulating mobile manufactured
homes that are not located
14 within a mobile manufactured
home park or a seasonal mobile
15 manufactured home park, except as relates to the business, sales,
16 and service practices of mobile
manufactured home dealers and
17 the business practices of
mobile manufactured home installers
18 and repairers.
19 Sec. 5. (1) The
commission shall promulgate the mobile
20 home manufactured housing code subject to section
4. The code
21 shall consist of rules governing all of the following:
22 (a) The licensure, density, layout, permits for construction,
23 and construction of mobile
manufactured home parks including
24 standards for roads, utilities, open space, or proposed
25 recreational facilities, and safety measures sufficient to
26 protect health, safety,
and welfare of mobile manufactured home
27 park residents. ,
except The rules do not govern water supply,
1 sewage collection and
treatment, and drainage facilities which
2 are regulated by that the department of public health
3 environmental quality regulates.
4 (b) The business,
sales, and service practices of mobile
5 manufactured home dealers.
6 (c) The business
practices of mobile manufactured home
7 installers and repairers.
8 (d) The licensure and
regulations regulation of mobile
9 manufactured home installers and repairers.
10 (e) The setup and
installation of mobile manufactured homes
11 inside mobile manufactured
home parks or seasonal mobile
12 manufactured home parks.
13 (f) The regulation of the responsibilities, under the
14 mobile manufactured home warranty, of the mobile manufactured
15 home components
manufacturer, the mobile manufactured home
16 assembler or
manufacturer, and the mobile manufactured home
17 dealer, including the time period and relationships of each under
18 the warranty, and the remedies available, if any, if the
19 responsible parties cease to operate as a business.
20 (g) Abuses relating to all of the following:
21 (i) Consumer deposits, except utility deposits from consumers
22 who are direct customers of utilities regulated by the Michigan
23 public service commission.
24 (ii) Detailed listing of furnishings and fixtures by a
25 manufacturer of a new mobile
manufactured home or a mobile
26 manufactured home dealer
for a used mobile manufactured home.
27 (iii) Disclosure and delivery of manufacturer's warranties.
1 (iv) Used mobile manufactured homes. A mobile
2 manufactured home dealer shall provide detailed listing of its
3 service records for used mobile
manufactured homes which that
4 are being sold by the
dealer and of which that the dealer has
5 knowledge of.
6 (h) Applications for and issuance of certificates of title
7 for mobile manufactured
homes.
8 (2) As part of the code, the commission shall also promulgate
9 rules governing the licensure, density, layout, permits for
10 construction, and
construction of seasonal mobile manufactured
11 home parks. ,
including The rules shall govern standards for
12 roads, utilities, open space, proposed recreational facilities,
13 and safety measures sufficient to protect the health, safety, and
14 welfare of seasonal mobile
manufactured home park residents. ,
15 except The rules shall not govern water supply,
sewage
16 collection and treatment,
and drainage facilities , which shall
17 be regulated by that the department of public health
18 environmental quality regulates.
19 (3) The In
rules promulgated for seasonal mobile
20 manufactured home parks, the commission may impose a less
21 stringent standard than
the rules promulgated for mobile
22 manufactured home parks.
23 Sec. 6. (1) The
department of public health environmental
24 quality shall promulgate
rules for mobile manufactured home
25 parks and seasonal mobile
manufactured home parks setting forth
26 minimum standards regulating:
27 (a) Water supply system.
1 (b) Sewage collection and disposal system.
2 (c) Drainage.
3 (d) Garbage and rubbish storage and disposal.
4 (e) Insect and rodent control.
5 (f) General operation, maintenance, and safety.
6 (g) Certification of compliance under section 17.
7 (2) Representatives of local government shall act in an
8 advisory capacity in the promulgation of the code.
9 (3) The commission shall consult with appropriate state and
10 local governments in developing the procedures for effective
11 coordination of efforts. The commission shall recommend
12 procedures to the governor and the legislature for coordinating
13 state agency decisions and activities pertaining to this act.
14 Sec. 7. (1) A
local government which proposes a standard
15 related to mobile home
parks or seasonal mobile home parks, or
16 related to mobile
homes located within a mobile home park or a
17 seasonal mobile home
park that is higher than the standard
18 provided in this act
or the code; or a standard related to the
19 business, sales, and
service practices of mobile home dealers, or
20 the business of mobile
home installers and repairers, that is
21 higher than the
standard provided in this act or the code shall
22 file the proposed
standard with the commission. A
local
23 government that proposes 1 or more of the following standards
24 shall file the proposed standard with the commission:
25 (a) A standard related to manufactured home parks or seasonal
26 manufactured home parks, or manufactured homes located within a
27 manufactured home park or a seasonal manufactured home park, that
1 is higher than a standard provided in this act or the code.
2 (b) A standard related to the business, sales, and service
3 practices of manufactured home dealers, or the business of
4 manufactured home installers and repairers, that is higher than
5 the standard provided in this act or the code.
6 (2) The commission may promulgate rules to establish the
7 criteria and procedure
for implementation of a higher standards
8 standard by a local government. The commission shall review and
9 approve the proposed standard unless the standard is
10 unreasonable, arbitrary, or not in the public interest. If the
11 commission does not approve or disapprove the proposed standard
12 within 60 days after it is filed with the commission, the
13 standard shall be
considered is approved unless the local
14 government grants the commission additional time to consider the
15 standard. After the proposed standard is approved, the local
16 government may adopt the standard by ordinance. The ordinance
17 shall must relate to a specific section of the code.
18 (3) (2) A
local government standard related to mobile
19 manufactured homes not
located within a mobile manufactured
20 home park or seasonal mobile
manufactured home park need not be
21 filed with the mobile
home manufactured housing commission,
22 unless the standard relates to the business, sales, and service
23 practices of mobile manufactured
home dealers, or the business
24 of mobile manufactured
home installers and repairers.
25 (4) (3) A
local government ordinance shall not be designed
26 as exclusionary to mobile
manufactured homes generally whether
27 the mobile manufactured
homes are located inside or outside of
1 mobile manufactured home parks or seasonal mobile
2 manufactured home parks.
3 (5) (4) A
local government ordinance shall not contain a
4 standard for the setup or
installation of mobile manufactured
5 homes that is incompatible with, or is more stringent than,
6 either of the following:
7 (a) The manufacturer's recommended setup and installation
8 specifications.
9 (b) The mobile manufactured
home setup and installation
10 standards promulgated by the federal department of housing and
11 urban development pursuant
to under the national manufactured
12 housing construction and safety standards act of 1974, title VI
13 of the housing and community development act of 1974, Public Law
14 93-383, 42 U.S.C. USC
5401 to 5426.
15 (6) (5) In
the absence of any setup or installation
16 specifications or standards for foundations as set forth in
17 subsection (4)(a) (5)(a)
or (b), the local government standards
18 for site-built housing shall
apply.
19 (7) (6) A
local government ordinance shall not contain roof
20 configuration standards or special use zoning requirements that
21 apply only to, or excludes,
mobile that exclude, manufactured
22 homes. A local government ordinance shall not contain a
23 manufacturing or construction standard that is incompatible with,
24 or is more stringent than, a standard promulgated by the federal
25 department of housing and
urban development pursuant to under
26 the national manufactured housing construction and safety
27 standards act of 1974, title VI of the housing and community
1 development act of 1974, Public Law 93-383, 42 U.S.C. USC 5401
2 to 5426. A local government ordinance may include reasonable
3 standards relating to mobile
homes a manufactured home located
4 outside of mobile a
manufactured home parks park or a
5 seasonal mobile manufactured
home parks which ensure park
6 that ensures that mobile
homes compare a manufactured home
7 compares aesthetically to site-built housing located or allowed
8 in the same residential zone.
9 Sec. 11. (1) A
person who desires to develop a mobile
10 manufactured home park or
a seasonal mobile manufactured home
11 park shall submit a preliminary plan to the appropriate
12 municipality, local health department, county road commission,
13 and county drain commissioner for preliminary approval. The
14 preliminary plan shall include the location, the layout, the
15 general design, and a general description of the project. The
16 preliminary plan shall not include detailed construction plans.
17 (2) The municipality may grant preliminary approval if the
18 proposed mobile manufactured
home park or seasonal mobile
19 manufactured home park conforms to applicable laws and local
20 ordinances not in conflict with this act and laws and ordinances
21 relative to all of the following:
22 (a) Land use and zoning.
23 (b) Municipal water supply, sewage service, and drainage.
24 (c) Compliance with local fire ordinances and state fire
25 laws.
26 (3) The county drain commissioner shall review and may
27 approve outlet drainage. The county road commission shall review
Senate Bill No. 544 as amended June 30, 2004
1 and may approve ingress and egress roads. The county road
2 commission and the county drain commissioner shall adopt and
3 publish standards to implement this subsection. The county road
4 commission and the county
drain commissioner shall do not have
5 authority as to interior
streets and drainage in the mobile
6 manufactured home park or
seasonal mobile manufactured home
7 park, unless the streets or drains are dedicated to the public.
8 (4) The local health department shall grant preliminary
9 approval, under the
guidance of the department of public health,
10 for on-site water and
sewage service and environmental
quality,
11 for general site suitability.
12 (5) If a reviewing agency as provided in this section has not
13 returned the preliminary plan to the developer, either approved,
14 modified, or disapproved within 60 days after it receives the
15 preliminary plan, the
preliminary plan shall be is considered
16 approved.
17 (6) Coordination of approvals
approval by state and local
18 governments shall be
provided by the director of public health
19 the department of environmental quality before it the
20 department of environmental quality may grant construction
21 approval.
22 (7) The developer shall submit the preliminary approval with
23 the final plans to the
department of public health
24 environmental quality for
review before the department of
25 commerce may issue a construction permit.
26 <<
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Senate Bill No. 544 as amended June 30, 2004
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15 Sec. 12. (1) When all preliminary approvals are made, the
16 developer shall submit the legal documents and the final plans
17 draft to the department.
18 (2) The department shall review the filing and, within
19 90 days after filing, issue its approval or disapproval. Upon
20 the approval of all the reviewing agencies, the department shall
21 issue a permit to construct
the mobile manufactured home park
22 or seasonal mobile manufactured
home park.
23 Sec. 13. (1) A
person shall not construct a mobile
24 manufactured home park or
seasonal mobile manufactured home
25 park without obtaining a permit issued by the department.
26 (2) Construction may
begin upon the granting of when the
27 department grants a
permit to construct. by the department.
1 Sec. 14. Upon
completion of the construction of the
2 mobile a manufactured home park or seasonal mobile
3 manufactured home park, the owner or operator of the park and a
4 registered licensed professional engineer or architect
shall
5 file with the department an affidavit certifying that the
6 mobile manufactured home park or seasonal mobile manufactured
7 home park, lot, and work were completed in accordance with the
8 approved specifications and plans.
9 Sec. 16. (1) A
person shall not operate a mobile
10 manufactured home park or
seasonal mobile manufactured home
11 park without a license.
12 (2) Upon completion, review, and approval of certifications,
13 the department shall
grant a license to operate a mobile
14 manufactured home park or
seasonal mobile manufactured home
15 park.
16 (3) An annual license shall be granted and renewed by the
17 department based upon the certifications and recommendations of
18 the appropriate agencies and local governments.
19 (4) If a person submits a timely application for renewal of a
20 license and pays the appropriate fee, the person may continue to
21 operate a mobile manufactured
home park or seasonal mobile
22 manufactured home park unless notified that the application for
23 renewal is not approved.
24 (5) A campground which
that is currently licensed under
25 sections 12501 to 12516
of the public health code, Act No. 368
26 of the Public Acts of
1978, being sections 333.12501 to 333.12516
27 of the Michigan
Compiled Laws 1978 PA 368, MCL
333.12501 to
1 333.12516, that was previously licensed under the licensing
2 provisions of Act No.
243 of the Public Acts of 1959, being
3 sections 125.1035 to
125.1043 of the Michigan Compiled Laws 1959
4 PA 243, MCL 125.1035 to 125.1043, as a seasonal trailer park, and
5 which that currently meets the seasonal trailer park
6 construction standards
under Act No. 243 of the Public Acts of
7 1959 1959 PA 243, MCL 125.1035 to 125.1043, may
apply for and
8 shall be licensed as a
seasonal mobile manufactured home park
9 under this act if the campground meets all other requirements for
10 licensure under this act
as a seasonal mobile manufactured home
11 park.
12 Sec. 16a. Mobile
Manufactured homes located in a seasonal
13 mobile manufactured home park may be occupied on a
full-time
14 basis from April 1 to October 31, but shall not be occupied for
15 more than 15 consecutive
days in any a 30-day period from
16 November 1 to March 31.
17 Sec. 17. (1) The
department of public health
18 environmental quality or its authorized representative shall
19 conduct an annual
physical inspection of mobile manufactured
20 home parks and seasonal mobile
manufactured home parks in
21 accordance with standards established by the department of
22 public health environmental quality. If the mobile
23 manufactured home park or
seasonal mobile manufactured home
24 park is approved, the
department of public health environmental
25 quality shall issue a certification of compliance to the
26 department of
commerce that the park is licensable.
27 (2) Except for purposes of issuing a license or renewing a
1 license pursuant to under
this act, a local government may not
2 make an inspection unless it has reason to believe that this act,
3 the code, or rules
promulgated pursuant to under this act were
4 violated.
5 Sec. 18. (1) A variance in the design and construction of a
6 mobile manufactured home park or seasonal mobile manufactured
7 home park may be granted upon notice of the request to the local
8 government and the
department of public health environmental
9 quality at the time of
filing with the department. of commerce.
10 If the local government
grants a variance which that would
11 permit activities violative of the minimum standards of the code,
12 the local government shall file with the department a copy of the
13 variance order and an explanation of the reason for the granting
14 of the order. The department may approve or disapprove the
15 variance or revoke the variance upon notice and hearing.
16 (2) After a public hearing, the department may grant a
17 specific variance to a substantive requirement of the code if the
18 literal application of the substantive requirement would result
19 in an exceptional, practical difficulty to the applicant, and if
20 the specific condition justifying the variance is neither so
21 general nor recurrent in nature as to make an amendment of the
22 code with respect to the condition reasonably practical or
23 desirable.
24 (3) The department may attach in writing a condition in
25 connection with the granting of a variance that in its judgment
26 is necessary to protect the health, safety, and welfare of the
27 people of this state. The variance shall not exceed the minimum
1 necessary to alleviate the exceptional, practical difficulty.
2 (4) A Only
a local government may grant a variance to a
3 local ordinance, zoning
requirement, or local rule. may be
4 granted only by a
local government.
5 (5) A Only
the commission may grant a variance to a rule
6 promulgated under this
act. may be granted only by the
7 commission.
8 Sec. 21. (1) A mobile
manufactured home dealer shall not
9 engage in the retail sale
of a mobile manufactured home without
10 a license.
11 (2) A mobile manufactured
home dealer, mobile
12 manufactured home installer, or repairer may obtain an initial or
13 renewal license by filing with the commission an application
14 together with consent to service of process in a form prescribed
15 by the commission pursuant
according to section 35.
16 (3) An initial or renewal license under this act shall be
17 issued for not more than 1 year. Licenses shall expire on
18 October 1.
19 (4) The annual
license fee for a mobile manufactured home
20 dealer is $150.00 or any
other a lesser amount established
21 pursuant according to section 9(5).
22 (5) The annual
license fee for a mobile manufactured home
23 installer or repairer is
$50.00 or any other a lesser amount
24 established pursuant according
to section 9(5).
25 (6) A licensed mobile
manufactured home dealer, mobile
26 manufactured home installer, or repairer may file an application
27 for the license of a successor, whether or not the successor is
1 then in existence, for the unexpired portion of the year. The
2 commission may grant or deny the application.
3 (7) A licensee who submits a timely application for renewal
4 of a license and pays the appropriate fee may continue sales of
5 mobile manufactured homes unless notified that the
application
6 for renewal is not approved.
7 Sec. 22. The commission may promulgate rules to require a
8 licensed mobile manufactured
home dealer to post a surety bond
9 in an amount up to $10,000.00 for each sales location and may
10 determine conditions of the bond. An appropriate deposit of cash
11 or securities shall be
accepted in lieu of a bond which that is
12 required.
13 Sec. 23. A licensed mobile
manufactured home dealer shall
14 make and keep accounts, and other records as the commission
15 prescribes by rule. The records required shall be preserved for
16 3 years unless the commission otherwise prescribes by rule for
17 particular types of records. If the information contained in a
18 record filed with the commission is or becomes inaccurate or
19 incomplete in any a
material respect, the licensee promptly
20 shall file a correcting amendment.
21 Sec. 24. A mobile
manufactured home dealer shall not do 1
22 or more of the following:
23 (a) Advertise or
represent a mobile manufactured home as
24 other than calendar or model year.
25 (b) Misapply consumer
deposits on a mobile manufactured
26 home or a mobile manufactured
home park.
27 (c) Fail to place deposits, down payments, or similar
1 payments for the purchase
or right to purchase a mobile
2 manufactured home in a separate escrow account subject to return
3 upon cancellation of the purchase order by the prospective
4 purchaser under the rules or orders as the commission promulgates
5 or issues unless the
dealer shall post posts a bond or a
6 deposit of cash or securities for protection of these payments in
7 an amount acceptable to the commission.
8 (d) Fail to disclose
to the department any direct or
9 indirect business relationships with financial and loan
10 institutions, banks, and insurance companies.
11 Sec. 25. (1) The commission shall promulgate rules relating
12 to the responsibility of
the mobile manufactured home dealer,
13 mobile manufactured home installer, and the mobile
14 manufactured home park or
seasonal mobile manufactured home
15 park owner for
installation and setup of a mobile manufactured
16 home.
17 (2) A person licensed
under any 1 or more of the following
18 acts shall not be
required to be licensed as a mobile
19 manufactured home installer and repairer in order to perform work
20 on mobile manufactured
homes for which the person is licensed,
21 unless the work performed also includes the setup, installation,
22 or general repair of mobile
manufactured homes:
23 (a) The electrical
administrative act, Act No. 217 of the
24 Public Acts of 1956,
being sections 338.881 to 338.892 of the
25 Michigan Compiled Laws
1956 PA 217, MCL 338.881 to
338.892.
26 (b) Act No. 266
of the Public Acts of 1929, being sections
27 338.901 to 338.917 of
the Michigan Compiled Laws 2002
PA 733,
1 MCL 338.3511 to 338.3569.
2 (c) The Forbes
mechanical contractors act, Act No. 192 of
3 the Public Acts of
1984, being sections 338.971 to 338.988 of the
4 Michigan Compiled Laws
1984 PA 192, MCL 338.971 to
338.988.
5 (3) The electrical
administrative act, Act No. 217 of the
6 Public Acts of 1956,
being sections 338.881 to 338.892 of the
7 Michigan Compiled Laws
1956 PA 217, MCL 338.881 to
338.892, Act
8 No. 266 of the Public
Acts of 1929, being sections 338.901 to
9 338.917 of the
Michigan Compiled Laws 1929 PA
266, MCL 338.901
10 to 338.917, and the
Forbes mechanical contractors act, Act
11 No. 192 of the Public
Acts of 1984, being sections 338.971 to
12 338.988 of the
Michigan Compiled Laws 1984 PA
192, MCL 338.971
13 to 338.988, shall do
not apply to the setup or installation of
14 a mobile manufactured
home and the following connections or
15 replacement or repair of the following connections, by a licensed
16 mobile manufactured home installer and repairer:
17 (a) Factory-installed electrical wiring, devices, appliances,
18 or appurtenances to available electrical meters or pedestals.
19 (b) Factory-installed piping, fixtures, plumbing appliances,
20 and plumbing appurtenances to sanitary drainage or storm drainage
21 facilities, venting systems, or public or private water supply
22 systems.
23 (c) Factory-installed process piping, heating and cooling
24 equipment, and systems or supply lines to available service
25 meters or mains.
26 Sec. 27. (1) A person shall not, in connection with the
27 offer, sale, purchase, or
rental of a mobile manufactured home,
1 mobile manufactured home site, or related
equipment, relating
2 thereto do either of the following:
3 (a) Employ a devise, scheme, or artifice to defraud.
4 (b) Make an untrue statement of material fact or omit to
5 state a material fact necessary to make the statement not
6 misleading, in the
light of under the circumstances under in
7 which it the
statement is made.
8 (2) A person shall not willfully authorize, direct, or aid in
9 publication, advertisement, distribution, or circulation of a
10 statement or
representation concerning a mobile manufactured
11 home, mobile manufactured
home site, or equipment relating
12 thereto, which that
misrepresents the facts concerning the
13 mobile manufactured home, mobile manufactured
home site, or
14 related equipment.
relating thereto.
15 (3) A person with knowledge that an advertisement, pamphlet,
16 prospectus, or letter
concerning a mobile manufactured home,
17 mobile manufactured home site, or related
equipment relating
18 thereto contains a written statement that is false or
19 fraudulent, shall not issue, circulate, publish, or distribute
20 the advertisement, pamphlet, prospectus, or letter concerning a
21 mobile manufactured home, mobile manufactured
home site, or
22 related equipment.
relating thereto.
23 (4) A person shall
not willfully make any a material
24 misrepresentation in the
sale of a mobile manufactured home,
25 mobile manufactured home site, or related
equipment. relating
26 thereto.
27 Sec. 28. (1) An owner
or operator of a mobile manufactured
1 home park or seasonal mobile
manufactured home park shall not
2 engage, or permit an
employee or agent to engage, in any of the
3 following unfair or deceptive methods, acts, or practices:
4 (a) Directly or indirectly charging or collecting from a
5 person an entrance fee.
6 (b) Requiring a person to directly or indirectly purchase a
7 mobile manufactured home from another person as a
condition of
8 entrance to, or lease or
rental of, a mobile manufactured home
9 park or seasonal mobile
manufactured home park space.
10 (c) Directly or indirectly charging or collecting from a
11 person a refundable or nonrefundable exit fee.
12 (d) Requiring or coercing a person to purchase, rent, or
13 lease goods or services from another person as a condition of
14 any 1 or more of the following:
15 (i) Entering into a park or lease.
16 (ii) Selling a mobile manufactured home
through the park
17 owner or operator, or his or her agent or designee upon leaving a
18 mobile manufactured home park or seasonal mobile manufactured
19 home park.
20 (iii) Renting space in a mobile manufactured
home park or
21 seasonal mobile manufactured
home park.
22 (e) Directly or indirectly charging or collecting from a
23 person money or other thing of value for electric, fuel, or water
24 service without the use of that service by a resident or tenant
25 being first accurately and consistently measured, unless that
26 service is included in the rental charge as an incident of
27 tenancy.
1 (f) Conspiring, combining, agreeing, aiding, or abetting in
2 the employment of a method, act, or practice that violates this
3 act.
4 (g) Renting or
leasing a mobile manufactured home or site
5 in a mobile manufactured
home park or seasonal mobile
6 manufactured home park without offering a written lease.
7 (h) Subject to section 28a, prohibiting a resident from
8 selling his or her mobile
manufactured home on-site for a price
9 determined by that resident, if the purchaser qualifies for
10 tenancy and the mobile
manufactured home meets the conditions
11 of written park rules or regulations. This subdivision does not
12 apply to seasonal mobile
manufactured home parks.
13 (i) Subject to
reasonable mobile manufactured home park or
14 seasonal mobile manufactured
home park rules governing the
15 location, size, and style of exterior television antenna,
16 prohibiting a person from installing or maintaining an exterior
17 television antenna on a mobile
manufactured home within the
18 park unless the mobile
manufactured home park or seasonal
19 mobile manufactured home park provides park residents,
without
20 charge, a central television antenna for UHF-VHF reception.
21 (2) A tenant of a mobile
manufactured home park or seasonal
22 mobile manufactured home park may bring an action on
his or her
23 own behalf for a violation of this section.
24 (3) If the commission has reason to suspect that the owner of
25 a mobile manufactured
home park or seasonal mobile
26 manufactured home park is engaged in conduct that violates
27 existing water utility tariffs or qualifies the owner of a
1 mobile manufactured home park or seasonal mobile manufactured
2 home park for regulation as a water utility, the commission shall
3 promptly send a written report of the alleged violation to the
4 Michigan public service commission.
5 Sec. 28a. (1) Mobile
Manufactured home park rules or
6 regulations may include provisions governing the physical
7 condition of mobile
homes a manufactured home and the aesthetic
8 characteristics of mobile
homes a manufactured home in relation
9 to the mobile manufactured
home park in which they are located,
10 subject to all of the following:
11 (a) The age or size
of a mobile manufactured home shall not
12 be used as the sole basis for refusing to allow an on-site,
13 in-park sale or for
refusing to allow the mobile manufactured
14 home to remain on-site. The burden of going forward in a suit
15 against the mobile manufactured
home park owner or operator for
16 violation of this subdivision is on the resident.
17 (b) The standards incorporated in the written park rules or
18 regulations governing the physical condition and aesthetic
19 characteristics of mobile
homes a manufactured home in the
20 mobile manufactured home park shall apply applies
equally to
21 all residents.
22 (c) A mobile manufactured
home sold on-site shall conform
23 with Act No. 133 of
the Public Acts of 1974, being sections
24 125.771 to 125.774 of
the Michigan Compiled Laws 1974
PA 133,
25 MCL 125.771 to 125.774.
26 (d) Any A
charge connected to the on-site, in-park sale of
27 a mobile manufactured
home, other than the inspection fee
1 permitted under subdivision (e) and the commission or fee charged
2 by a mobile manufactured
home dealer licensed under this act
3 who is engaged by the seller to transact the sale, is considered
4 an entrance or exit fee in violation of section 28.
5 (e) A park owner or operator may charge a reasonable fee to
6 inspect the mobile manufactured
home before sale. The charge
7 shall not be more than $30.00, or the amount charged for building
8 permit inspections by the
municipality in which the mobile
9 manufactured home is located, whichever is higher.
10 (f) The standards
governing the physical condition of mobile
11 homes a manufactured home and the aesthetic
characteristics of
12 mobile homes a manufactured home in the mobile manufactured
13 home park, as incorporated in the written park rules, shall not
14 be designed to defeat the intent of this section.
15 (2) Subsection (1)(f)
shall does not apply if the mobile
16 manufactured home park is changing its method of doing business
17 and provides not less than 1 year's notice, unless a different
18 notice period is otherwise provided by law, of the proposed
19 change to all affected mobile
manufactured home park
20 residents. A change in a
mobile manufactured home park's
21 method of doing business
includes, but is not limited to, any 1
22 or more of the following:
23 (a) Conversion to a mobile
manufactured home park
24 condominium pursuant according
to the condominium act, Act
25 No. 59 of the Public
Acts of 1978, being sections 559.101 to
26 559.275 of the
Michigan Compiled Laws 1978 PA
59, MCL 559.101 to
27 559.276.
1 (b) Conversion to
total rental of both mobile manufactured
2 home site and park-owned mobile
manufactured homes.
3 (c) Changes in use of
the land on which the mobile
4 manufactured home park is located.
5 (3) Notwithstanding
subsection (1) or (2), a mobile
6 manufactured home park
may require a mobile manufactured home
7 to be moved to a
comparable site within the mobile manufactured
8 home park, at the expense
of the mobile manufactured home
9 park.
10 (4) If, after termination of a resident's tenancy for just
11 cause as provided in chapter 57a of the revised judicature act of
12 1961, Act No. 236 of
the Public Acts of 1961, being sections
13 600.5771 to 600.5785
of the Michigan Compiled Laws 1961
PA 236,
14 MCL 600.5771 to 600.5785,
the resident of a mobile manufactured
15 home park sells his or
her mobile manufactured home to the
16 owner or operator of the mobile
manufactured home park, or to
17 any an entity in which the owner or operator has any
an
18 interest, the resident shall
have has the right to have the
19 mobile manufactured home's value appraised and, if so
20 appraised, the sale price
of the mobile manufactured home shall
21 not be less than the appraised value.
22 (5) Except as
provided in subsection (1)(a), a mobile
23 manufactured home park owner or operator, or both, has the burden
24 of going forward to show compliance with subsection (1).
25 Sec. 28b. A mobile
manufactured home park rule that does
26 either of the following shall not be enforced against a resident,
27 unless the rule was proposed and in force before the resident was
1 approved for tenancy in
the mobile manufactured home park:
2 (a) Prohibits those children who were previously approved
3 under prior park rules
from residing in the mobile manufactured
4 home park. A rule prohibiting children, or additional children,
5 shall not be enforced against persons who were residents of the
6 mobile manufactured home park at the time the rule
was adopted
7 until after 1 year's notice to those persons.
8 (b) Prohibits a
resident from keeping those pets which that
9 were previously approved under prior park rules, except dangerous
10 animals.
11 Sec. 28c. (1) A lease or rental agreement or rules or
12 regulations that are
adopted pursuant according to a lease or
13 rental agreement may include a provision that requires liquidated
14 damages to be awarded to the prevailing party in a contested
15 action to terminate a
tenancy in a mobile manufactured home
16 park for just cause under section 5775 of the revised judicature
17 act of 1961, Act No.
236 of the Public Acts of 1961, being
18 section 600.5775 of
the Michigan Compiled Laws 1961
PA 236,
19 MCL 600.5775.
20 (2) A provision allowed under subsection (1) may require
21 liquidated damages of not more than $500.00 for an action in the
22 district court and not more than $300.00 for each appellate
23 level. Liquidated damages shall not be construed to be a
24 penalty.
25 Sec. 29. (1) A utility company shall notify the department
26 10 days before shutoff of service for nonpayment, including
27 sewer, water, gas, or electric service, when the service is being
1 supplied to the licensed
owner or operator of a mobile
2 manufactured home park or
seasonal mobile manufactured home
3 park for the use and benefit of the park's tenants.
4 (2) A municipality shall not charge a manufactured home park
5 or a seasonal manufactured home park a higher rate to provide a
6 water supply system or sewage service than the amount the
7 municipality charges other customers to provide the same type of
8 service.
9 Sec. 30. (1) After
December 31, 1978, every mobile
10 manufactured home located
in this state shall be is subject to
11 the certificate of title
provisions of this act, except for any
12 a new mobile manufactured
home owned by a manufacturer or
13 licensed mobile manufactured
home dealer and held for sale.
14 (2) After December 31, 1978, a certificate of title for a
15 mobile manufactured home issued by the secretary of
state
16 before January 1, 1979, pursuant
according to Act No. 300 of
17 the Public Acts of
1949, being sections 257.1 to 257.923 of the
18 Michigan Compiled Laws
shall be the Michigan vehicle
code, 1949
19 PA 300, MCL 257.1 to 257.923,
is considered to be a certificate
20 of title issued by the
department under this act and shall be
21 is subject to all of the
provisions of this act respecting
22 regarding certificates of title.
23 (3) After December
31, 1978, a mobile manufactured home
24 shall not be sold or transferred except by transfer of the
25 certificate of title for
the mobile manufactured home pursuant
26 to under this act.
27 Sec. 30a. (1) An
owner of a mobile manufactured home
1 which that is subject to the certificate of title
provisions of
2 this act shall make
application apply to the department for the
3 issuance of a certificate
of title for the mobile manufactured
4 home upon the appropriate form furnished by the department,
5 accompanied by a fee of
$45.00 or any a lesser amount
6 established pursuant according
to section 9(5). The
7 application shall bear the signature of the owner written in ink,
8 shall be acknowledged by the owner before a person authorized to
9 take acknowledgments, and shall contain all of the following:
10 (a) The name and address of the owner.
11 (b) A description of
the mobile manufactured home,
12 including the name of the manufacturer, the year and model, and
13 the manufacturer's serial number or, in the absence of a serial
14 number, a number assigned by the department. A number assigned
15 by the department shall
be permanently placed on the mobile
16 manufactured home in the manner and place designated by the
17 department.
18 (c) A statement of the names and addresses of the holders of
19 any security interests in the mobile manufactured
home, in
20 the order of their priority.
21 (d) Further information as may reasonably be required by the
22 department to enable it to determine whether the owner of the
23 mobile manufactured home is entitled to a certificate
of title
24 for the mobile manufactured
home.
25 (2) If the department is not satisfied as to the ownership of
26 the mobile manufactured
home, before issuing a certificate of
27 title for it, the department may require the applicant to file a
1 properly executed surety bond in a form prescribed by the
2 department, executed by the applicant and a company authorized to
3 conduct a surety business in this state. The bond shall be in an
4 amount equal to twice the
value of the mobile manufactured home
5 as determined by the department and shall be conditioned to
6 indemnify or reimburse
the department, any a prior owner, any
7 a holder of a security
interest in the mobile manufactured
8 home, and any a
subsequent purchaser of the mobile
9 manufactured home, and their successors in interest, against
10 any expense, loss, or damage, including reasonable
attorney's
11 fees, by reason of the issuance of a certificate of title to the
12 mobile manufactured home or on account of any a
defect in the
13 right, title, or interest
of the applicant in and to the mobile
14 manufactured home. Each interested person has a right of action
15 to recover on the bond for a breach of its conditions, but the
16 aggregate liability of
the surety to all persons shall does not
17 exceed the amount of the bond. The bond shall be returned at the
18 end of 5 years, or before 5 years if the currently valid
19 certificate of title is surrendered to the department, unless the
20 department has received
notification of the pendency of that an
21 action is pending to recover on the bond.
22 (3) The department shall examine and determine the
23 genuineness, regularity, and legality of an application for a
24 certificate of title for
a mobile manufactured home and of any
25 other application
lawfully made to the department. , and The
26 department may in all
cases make investigation investigate or
27 require additional
information as may be considered it
1 considers necessary.
, and The department shall reject any an
2 application if not satisfied of the genuineness, regularity, or
3 legality of it or the
truth of any a statement contained in it,
4 or for any other reason, when authorized by law.
5 (4) The fee for obtaining a duplicate, replacement, or
6 corrected title, for placing or terminating a lien on the title,
7 or for placing a name on
the title is $15.00 or any other a
8 lesser amount established
pursuant according to section 9(5).
9 Sec. 30b. (1) The department upon receipt of the required
10 application and fees shall issue a certificate of title except as
11 otherwise provided.
12 (2) The certificate
of title shall contain upon on its face
13 the date issued, the name and address of the owner, a description
14 of the mobile manufactured
home as determined by the
15 department, a statement
of all security interests in the mobile
16 manufactured home as set forth in the application, the date on
17 which the application was filed, and other information as the
18 department may require.
19 (3) The certificate
of title shall contain upon on the
20 reverse side forms for assignment of title or interest and
21 warranty of title by the owner with space for notation of
22 security interests in the
mobile manufactured home at the time
23 of a transfer to be signed in ink, and other forms as the
24 department may consider necessary to facilitate the effective
25 administration of this section. The certificate shall bear the
26 seal of the department.
27 (4) The certificate of title shall be mailed or delivered to
1 the owner or other person as the owner may direct in a separate
2 instrument, in the form as
the department shall prescribe the
3 department prescribes.
4 Sec. 30c. (1) If the
owner of a mobile manufactured home
5 transfers or assigns the owner's title or interest to the
6 mobile manufactured home, the owner shall indorse
endorse on
7 the back of the certificate of title an assignment of the
8 mobile manufactured home with warranty of title with
a
9 statement of all security
interests in the mobile manufactured
10 home. , and The
owner shall cause mail or deliver the
11 certificate to be
mailed or delivered to the department or to
12 the purchaser or transferee at the time of the delivery to the
13 purchaser or transferee
of the mobile manufactured home.
14 (2) Upon the delivery
of a mobile manufactured home and the
15 transfer, sale, or assignment of the title or interest in a
16 mobile manufactured home, the effective date of the
transfer of
17 title or interest shall
be is the date of execution of either
18 the application for title or the certificate of title.
19 (3) The purchaser or transferee, unless the purchaser or
20 transferee is a licensed
dealer, shall cause to be presented
21 present to the department the certificate of title accompanied by
22 the 1 of the following applicable fee, as
follows fees:
23 (a) Except as provided in subdivision (b) or (c), $45.00.
24 (b) Except as provided in subdivision (c), $15.00, if the
25 sale, assignment, or other transfer will require the addition or
26 deletion from the
certificate of title of any 1 or more of the
27 following:
1 (i) The owner's spouse.
2 (ii) A person related to the owner within the fourth degree
3 of consanguinity as computed by the civil law method.
4 (iii) A person related to the owner's spouse within the
5 fourth degree of consanguinity as computed by the civil law
6 method.
7 (c) Any other A
lesser amount established pursuant
8 according to section 9(5).
9 (4) Upon presentation of the certificate of title accompanied
10 by the applicable fee, a new certificate of title shall be
11 issued. A certificate of title issued under subsection (3) and
12 this subsection shall be
mailed or delivered to the owner or any
13 other another person as the owner may
direct directs in a
14 separate instrument in a
form as prescribed by the department
15 prescribes.
16 (5) If a security interest is reserved or created at the time
17 of the transfer, the parties shall comply with section 30d.
18 (6) If the transferee
of a mobile manufactured home is a
19 mobile manufactured home dealer who holds the mobile
20 manufactured home for
resale, the dealer shall is not be
21 required to forward the certificate of title to the department,
22 but the dealer shall retain possession of the assigned
23 certificate of title. Upon transfer of the dealer's title or
24 interest to another person, the dealer shall execute and
25 acknowledge an assignment and warranty of title upon the
26 certificate of title and deliver it to the person to whom the
27 transfer is made if the person is a licensed dealer; otherwise,
1 application for a new title shall be made by the transferor as
2 provided in section 30a(1).
3 Sec. 30d. (1) If an owner named in a certificate of title
4 creates a security
interest in the mobile manufactured home
5 described in the certificate, all of the following apply:
6 (a) The owner shall immediately execute an application in the
7 form prescribed by the
department prescribes showing the name
8 and address of the holder of the security interest and deliver
9 the certificate of title, application, and a fee of $1.00
10 together with a copy of
the application which that need not be
11 signed, to the holder of the security interest.
12 (b) The holder of the
security interest shall cause mail or
13 deliver the certificate of title, application, and fee and the
14 copy of the application to
be mailed or delivered to the
15 department.
16 (c) The department shall indicate on the copy of the
17 application the date and place of filing of the application and
18 return the copy to the person presenting it.
19 (d) Upon receipt of the certificate of title, application,
20 and the required fee, the department shall issue a new
21 certificate in the form provided by section 30b setting forth the
22 name and address of each holder of a security interest in the
23 mobile home for which a termination statement has not been filed
24 and the date on which
that the application first stating the
25 security interest was filed, and mail the certificate to the
26 owner.
27 (2) A holder of a security interest may assign, absolutely or
1 otherwise, the security interest to a person other than the owner
2 without affecting the interest of the owner or the validity of
3 the security interest, but a person without notice of the
4 assignment is protected in dealing with the holder of the
5 security interest as the holder of the security interest. The
6 assignee may have the
certificate of title indorsed endorsed
7 with the assignee named as the holder of the security interest by
8 providing the department with a copy of the assignment instrument
9 but the failure of the
assignee to do so shall does not affect
10 the validity of the security interest or the assignment of the
11 security interest.
12 (3) The filing under this section or under section 30a of an
13 application for a certificate of title showing the name and
14 address of the holder of
a security interest in a mobile
15 manufactured home is equivalent to the filing of a financing
16 statement with respect to the security interest under article 9
17 of the uniform commercial
code, Act No. 174 of the Public Acts
18 of 1962, being
sections 440.9101 to 440.9994 of the Michigan
19 Compiled Laws 1962 PA 174, MCL 440.9101 to 440.9994.
20 (4) When If
there is not an outstanding obligation or
21 commitment to make advances, incur obligations, or otherwise give
22 value, secured or to be secured by a security interest in a
23 mobile manufactured home, the secured party shall,
within
24 10 days after satisfaction of the obligation and, in any event
25 within 30 days, execute a termination statement in the form
26 prescribed by the department prescribes and mail or deliver
the
27 termination statement to the owner or other person as the owner
1 may direct. The owner
other than a dealer holding the mobile
2 manufactured home for
resale, shall promptly cause mail or
3 deliver the certificate, all termination statements, and an
4 application for certificate of title accompanied by a fee of
5 $1.00 to be mailed or
delivered to the department. , which
6 The department shall issue a new certificate.
7 Sec. 30e. (1) If the
interest of the owner in a mobile
8 manufactured home is terminated by the enforcement of a security
9 agreement, the transferee of the owner's interest shall promptly
10 mail or deliver to the department the last certificate of title,
11 if the transferee has
possession of possesses it; , an
12 application for a new
certificate in the form prescribed by the
13 department , prescribes;
and an affidavit made by or on behalf
14 of the holder of the security interest so enforced that the
15 mobile manufactured home was repossessed, that the
interest of
16 the owner was lawfully terminated by enforcement of the security
17 agreement, and whether the holder has delivered the last
18 certificate of title to the transferee of the owner's interest,
19 naming the transferee, or if not, the reason delivery was not
20 made and the then location
of the certificate of title so far
21 as known to the holder. If the holder of the security interest
22 succeeds to the interest
of the owner and holds the mobile
23 manufactured home for resale, the holder shall not be required to
24 secure a new certificate of title but, upon transfer to another
25 person, shall promptly mail or deliver to the transferee or to
26 the department the certificate, if in the holder's possession,
27 the affidavit, and other documents required to be sent to the
1 department by the transferee.
2 (2) If the interest
of the owner in a mobile manufactured
3 home is terminated by
sale pursuant to through a levy of
4 execution, attachment, or other process of a court, the
5 transferee of the owner's interest shall promptly mail or deliver
6 to the department the last certificate of title, if the
7 transferee has
possession of possesses it; , an application
8 for a new certificate of
title in the form prescribed by the
9 department prescribes;
and an affidavit, upon a form prescribed
10 by the department prescribes, made by the officer
of the court
11 who conducted the sale,
setting forth the date of the sale, and
12 the name of the purchaser, and whether the officer has delivered
13 the certificate of title
to the purchaser and or, if not, the
14 reason delivery was not
made and the then location of the
15 certificate of title so far as known to the officer.
16 (3) A person holding
a certificate of title where if the
17 interest of the owner named in the certificate has been
18 terminated in the manner provided by subsection (1) or (2) shall
19 mail or deliver the certificate to the department upon its
20 request. The delivery of
the certificate pursuant in response
21 to the request of the department does not affect the rights of
22 the person surrendering the certificate, and the action of the
23 department in issuing a new certificate of title is not
24 conclusive upon any on
the rights of an owner or holder of a
25 security interest named in the old certificate.
26 (4) The department, upon receipt of an application for a new
27 certificate of title by a transferee in the manner provided by
1 subsection (1) or (2), with proof of the transfer, the required
2 fee, and any other
documents required by law, shall issue a new
3 certificate of title in the name of the transferee as owner,
4 setting forth all security interests noted on the last
5 certificate of title as having priority over the security
6 agreement so enforced and shall mail or deliver the new
7 certificate to the owner. If the outstanding certificate of
8 title is not delivered, the department shall make demand for the
9 outstanding certificate of title from the holder.
10 Sec. 30f. The department shall retain and appropriately
11 file every surrendered certificate of title. The file shall be
12 maintained so as to
permit in a manner that permits the tracing
13 of title of the mobile
manufactured home designated in a
14 surrendered certificate for a period of 10 years.
15 Sec. 30g. (1) The department may cancel or refuse to issue
16 a certificate of title if 1 or more of the following apply:
17 (a) If the The
department is satisfied that the certificate
18 of title was fraudulently or erroneously issued.
19 (b) If the The
department determines that the holder of the
20 certificate has made or
is making an unlawful use of the
21 certificate.
22 (c) If the The
department determines that the required fee
23 has not been paid and the fee is not paid upon reasonable notice
24 or demand.
25 (d) If the The
department is authorized under any other
26 another provision of this act.
27 (e) Upon receipt
of The department receives notification
1 from another state or foreign country that a certificate of title
2 issued by the department has been surrendered by the owner in
3 conformity with the laws of the other state or foreign country.
4 (f) If it It
is shown by satisfactory evidence that
5 delivery of a mobile manufactured
home in the possession of a
6 dealer was not made to the applicant to whom the certificate was
7 issued.
8 (2) Before a cancellation under subsection (1)(a), (b), or
9 (d) is made, the person affected shall be given notice and an
10 opportunity to be heard.
11 Sec. 30h. The commission in consultation with the secretary
12 of state shall promulgate
rules, which that shall further
13 define and distinguish
between the term mobile manufactured
14 home as used in this act and the term trailer coach as used in
15 the Michigan vehicle
code, Act No. 300 of the Public Acts of
16 1949, being sections
257.1 to 257.923 of the Michigan Compiled
17 Laws 1949 PA 300, MCL 257.1 to 257.923.
18 Sec. 31. A person who offers, sells, or purchases a
19 mobile manufactured home or equipment or a mobile
20 manufactured home site in violation of this act or the code may
21 have an action brought against him or her to rescind the
22 transaction and recover damages.
23 Sec. 38. (1) The department may issue an order to show
24 cause why an order imposing sanctions or penalties allowed under
25 this act should not be issued by the commission if the department
26 finds both that
the order is in the public interest , and any
27 1 or more of the following:
1 (a) An application filed pertaining to a license, a
2 disclosure statement, or a related document filed with the
3 department in connection
with a mobile manufactured home
4 license , is
incomplete in any a material respect or contains
5 a statement which that
is false or misleading, in the light of
6 the circumstances under which it is made.
7 (b) A provision of this act, or a rule, order, or condition
8 lawfully imposed under this act, was not complied with or was
9 violated in connection with the offering by the person filing the
10 document; the developer, dealer, or operator; a partner, officer,
11 director, proprietor, or manager of the developer, dealer, or
12 operator; or a person directly or indirectly controlling, or
13 directly controlled by, the developer, dealer, or operator.
14 (c) The project worked or tended to work a fraud or deception
15 or would so operate, or the project would create an unreasonable
16 risk to a
prospective tenants tenant, as defined by rules
17 promulgated by the commission.
18 (d) The developer, dealer, or operator; a partner, officer,
19 director, proprietor, or manager of the developer, dealer, or
20 operator; a person directly or indirectly controlling, or
21 directly controlled by, the developer, dealer, or operator; or a
22 person identified in the
application for a license , or in a
23 disclosure statement ,
was within the past 10 years
24 immediately preceding the date of the order convicted of an
25 offense under this act, or
is the subject of an administrative
26 order issued under this act, or had a civil judgment entered
27 against him or her as a result of a violation of this act or a
1 rule promulgated or order
issued pursuant to under this act,
2 and the department determines that the involvement of the person
3 in the sale or development of the project creates an unreasonable
4 risk to a
prospective tenants tenant or mobile a manufactured
5 home purchasers purchaser.
6 (e) The developer, dealer, or operator; a partner, officer,
7 director, proprietor, or manager of the developer, dealer, or
8 operator; a person directly controlling, or directly controlled
9 by,or indirectly the developer, dealer, or operator; or a person
10 identified in the
application for a license , or in a
11 disclosure statement ,
was convicted of a violation, or was the
12 subject of an administrative order or civil judgment as a result
13 of a violation, of a statute regulating the offering of
14 securities or franchises or licensing or regulating builders,
15 real estate brokers, or real estate salespersons, or was
16 convicted of a
violation of the land sales act, Act No. 286 of
17 the Public Acts of
1972, being sections 565.801 to 565.835 of the
18 Michigan Compiled Laws
1972 PA 286, MCL 565.801 to
565.835, or a
19 rule promulgated or an order issued under that act.
20 (f) The applicant's method of business, construction,
21 development, or sales includes or would include activities
22 which that are illegal.
23 (g) The applicant failed to pay the proper fee.
24 (h) The applicant failed to comply with the state warranty
25 laws.
26 (2) When If
it appears to the department that a person
27 engaged in an act or practice constituting a violation of this
1 act or a rule promulgated or order issued under this act, the
2 department may issue a notice to show cause why a cease and
3 desist order should not be issued.
4 (3) After 10 days' notice and opportunity for hearing, the
5 department may stop construction as to part or all of a project
6 if continuing the building will cause irreparable harm to
7 residents and prospective residents of the project.
8 Sec. 43. (1) If, after notice and a hearing as provided in
9 the administrative
procedures act of 1969, Act No. 306 of the
10 Public Acts of 1969,
being sections 24.201 to 24.328 of the
11 Michigan Compiled Laws
1969 PA 306, MCL 24.201 to 24.328,
a
12 person is determined to have violated this act, the commission
13 may impose 1 or more of the following penalties:
14 (a) Censure.
15 (b) Probation.
16 (c) Placement of a limitation on a license.
17 (d) Suspension of a license. The commission may request the
18 appointment of a receiver when taking action under this
19 subdivision.
20 (e) Revocation of a license. The commission may request the
21 appointment of a receiver when taking action under this
22 subdivision.
23 (f) Denial of a license.
24 (g) A civil fine of not more than $10,000.00.
25 (h) A requirement that restitution be made.
26 (2) A fine collected under this section shall be deposited
27 with the state treasurer
and credited to the mobile home
1 manufactured housing commission fund.
2 (3) This section does not prohibit actions being taken under
3 other sections of this act.
4 (4) The pursuit in court of the lawful rights of a licensee
5 does not constitute a violation of this act, regardless of the
6 outcome of the court action.
7 Enacting section 1. Section 49 of the mobile home
8 commission act, 1987 PA 96, MCL 125.2349, is repealed.