January 30, 2003, Introduced by Rep. Jamnick and referred to the Committee on Commerce.
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, 43,
and 45 (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, 125.2343, and 125.2345), 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 of local
4 governments; to provide
for a mobile home manufactured housing
5 code and the licensure, regulation, construction, operation, and
6 management of mobile manufactured
home parks communities, the
7 licensure and regulation
of retail sales dealers retailers,
8 warranties of mobile manufactured
homes, and installation
9 service practices of dealers
installers and servicers; to
10 provide for the titling
ownership of mobile manufactured
11 homes; to prescribe the powers and duties of certain agencies and
12 departments; to provide remedies and penalties; to declare the
13 act to be remedial; to
repeal this act on a specific date; and
14 to repeal certain acts
and parts of acts.
15 Sec. 1. This act shall be known and may be cited as "the
16 mobile home manufactured housing commission act".
17 Sec. 2. As used in this act:
18 (a) "Campground" means a campground as defined in section
19 12501 of the public
health code, Act No. 368 of the Public Acts
20 of 1978, being section
333.12501 of the Michigan Compiled Laws
21 1978 PA 368, MCL 333.12501.
22 (b) "Code"
means all or a part of the mobile home
23 manufactured housing code
promulgated pursuant to under section
24 5.
25 (c) "Commission"
means the mobile home code manufactured
26 housing commission created under section 3.
1 (d)
"Department" means the department of commerce consumer
2 and industry services.
3 (e) "Installer
and repairer servicer" means a person,
4 including a mobile manufactured
home dealer retailer, who for
5 compensation installs or repairs
mobile services manufactured
6 homes.
7 (f) "Local government" means a county or municipality.
8 (g) "Mobile "Manufactured
home" means a structure,
9 transportable in 1 or
more sections, which that is built on a
10 chassis and designed to be used as a dwelling with or without
11 permanent foundation, when connected to the required utilities,
12 and includes the plumbing, heating, air-conditioning, and
13 electrical systems contained in the structure. For a
14 manufactured home manufactured after June 15, 1976, "manufactured
15 home" includes a structure constructed in accordance with the
16 national manufactured housing construction and safety standards
17 act of 1974, title VI of the housing and community development
18 act of 1974, Public Law 93-383, 42 U.S.C. 5401 to 5424 and 5426.
19 (h) "Mobile "Manufactured
home dealer retailer" means a
20 person other than a manufacturer engaged in the business of
21 buying mobile manufactured
homes for resale, exchange, lease,
22 or rent or offering mobile
manufactured homes for sale, lease,
23 rent, or exchange to customers.
24 (i) "Mobile "Manufactured
home park community" means a
25 parcel or tract of land under the control of a person upon which
26 3 or more mobile manufactured
homes are located on a continual,
27 nonrecreational basis and
which that is offered to the public
1 for that purpose regardless of whether a charge is made
2 therefor for placing a manufactured home on the land,
together
3 with any a
building, structure, enclosure, street, equipment,
4 or facility used or intended for use incident to the occupancy of
5 a mobile manufactured
home.
6 (j) "Municipality" means a city, village, or township.
7 (k) "Person" means an individual, partnership, association,
8 trust, or corporation, or
any other legal entity or combination
9 of legal entities.
10 (l) "Recreational vehicle" means a vehicle primarily designed
11 and used as temporary living quarters for recreational, camping,
12 or travel purposes, including a vehicle having its own motor
13 power or a vehicle mounted on or drawn by another vehicle.
14 (m) "Seasonal mobile
manufactured home park community"
15 means a parcel or tract of land under the control of a person
16 upon which 3 or more mobile
manufactured homes are located on a
17 continual or temporary basis but occupied on a temporary basis
18 only , and which
that is offered to the public for that
19 purpose regardless of
whether a charge is made therefor for
20 placing a manufactured home on the land, together with any a
21 building, enclosure, street, equipment, or facility used or
22 intended for use incident
to the occupancy of a mobile
23 manufactured home.
Seasonal mobile manufactured home park does
24 not include a campground
licensed pursuant to under sections
25 12501 to 12516 of the
public health code, Act No. 368 of the
26 Public Acts of 1978,
being sections 333.12501 to 333.12516 of the
27 Michigan Compiled Laws
1978 PA 368, MCL 333.12501 to
333.12516.
1 (n) "Security interest", "security agreement", "secured
2 party", and "termination statement" have the same meanings as in
3 the uniform commercial
code, Act No. 174 of the Public Acts of
4 1962, being sections
440.1101 to 440.11102 of the Michigan
5 Compiled Laws 1962 PA 174, MCL 440.1101 to 440.11102.
6 Sec. 3. (1) The mobile
home manufactured housing
7 commission is created
within the department. of commerce.
8 (2) The commission consists of 11 members appointed by the
9 governor with the advice and consent of the senate, each of whom
10 shall be a citizen of this state.
11 (3) The members of the commission shall include each of the
12 following:
13 (a) A representative of an organization whose membership
14 consists of mobile manufactured
home residents.
15 (b) A representative of financial institutions.
16 (c) Two operators of
a licensed mobile manufactured home
17 park having community that has 100 or more sites and 1
operator
18 of a licensed mobile manufactured
home park community having
19 less than 100 sites.
20 (d) A representative of organized labor.
21 (e) An elected official of a local government.
22 (f) A licensed mobile
manufactured home dealer retailer.
23 (g) One resident of a
licensed mobile manufactured home
24 park having community that has 100 or more sites and 1
resident
25 of a licensed mobile manufactured
home park having community
26 that has less than 100 sites.
27 (h) A manufacturer of
mobile manufactured homes.
1 (4) A person appointed to be a member under subsection
2 (3)(a), (d), (e), (g), or a member of that person's immediate
3 family shall not have more than a 1% ownership interest in or
4 income benefit from a
manufacturer of mobile manufactured
5 homes, a retail seller of
mobile manufactured homes, a licensed
6 mobile manufactured home park community,
or a supplier of
7 ancillary products or
services to the mobile manufactured home
8 industry.
9 (5) The term of each
member shall be for is 3 years. A
10 vacancy in the office of a member shall be filled by the governor
11 for the remainder of the unexpired term, not more than 1 month
12 after the vacancy is created, in the same manner as the original
13 appointment.
14 (6) The per diem compensation of the commission and the
15 schedule for reimbursement of expenses shall be established
16 annually by the legislature.
17 (7) Six members of the commission constitute a quorum for all
18 purposes, notwithstanding the existence of a vacancy in the
19 commission's membership. Action may be taken by the commission
20 by a vote of a majority of the members appointed and serving.
21 Meetings of the commission may be called by the chairperson or by
22 3 members on 3 business days' actual notice. At least 1 meeting
23 shall be held each calendar quarter. The commission may hold
24 meetings anywhere in this state.
25 (8) The commission shall elect a member of the commission as
26 its chairperson and another member as its vice-chairperson. The
27 duties and powers of the
chairperson and vice-chairperson shall
1 be are as prescribed in the commission's rules.
2 (9) A member of the commission may be removed from office by
3 the governor for inefficiency, neglect of duty, or misconduct or
4 malfeasance in office. A member of the commission who has a
5 direct pecuniary interest in a matter before the commission shall
6 disclose that interest before the commission taking action with
7 respect to the matter.
, which The disclosure shall become a
8 part of the record of the commission's official proceedings.
9 Sec. 4. (1) The commission may do all of the following:
10 (a) Promulgate rules to implement and administer this act.
11 (b) Act for the
purpose of establishing establish a uniform
12 policy relating to all
phases of mobile manufactured home
13 businesses, mobile manufactured
home parks communities, and
14 seasonal mobile manufactured
home parks communities.
15 (c) Determine the
sufficiency of local mobile manufactured
16 home ordinances which
that are designed to provide local
17 governments with
superintending control over mobile homes
18 manufactured home
businesses, mobile manufactured home parks
19 communities, or seasonal mobile
homes parks manufactured home
20 communities.
21 (d) Conduct public hearings relating to the powers prescribed
22 in this subsection.
23 (2) The director of commerce
the department or an
24 authorized representative of the director shall do all of the
25 following:
26 (a) Administer the
rules promulgated by the commission
27 department.
1 (b) Conduct hearings relating to violations of this act or
2 rules promulgated under this act.
3 (c) Make investigations to determine compliance with this act
4 and rules promulgated under this act.
5 (d) Provide assistance to the commission as the commission
6 requires.
7 (3) The commission shall
does not act for the purpose of
8 regulating mobile regulate manufactured homes that are not
9 located within a mobile
manufactured home park community or a
10 seasonal mobile manufactured
home park community, except as
11 relates to the business,
sales, and service practices of mobile
12 manufactured home dealers
retailers and the business and
13 installation practices of
mobile manufactured home installers
14 and repairers servicers.
15 Sec. 5. (1) The
commission shall promulgate the mobile
16 home manufactured housing code subject to section
4. The code
17 shall consist of rules governing all of the following:
18 (a) The licensure, density, layout, permits for construction,
19 and construction of mobile
manufactured home parks
20 communities including standards for roads, utilities, open space,
21 or proposed recreational facilities, and safety measures
22 sufficient to protect
health, safety, and welfare of mobile
23 manufactured home park
community residents. , except The
24 rules do not govern water supply, sewage collection and
25 treatment, and drainage
facilities which are regulated by that
26 the department of public
health environmental quality
27 regulates.
1 (b) The business,
sales, and service practices of mobile
2 manufactured home dealers
retailers.
3 (c) The business
practices of mobile manufactured home
4 installers and repairers
servicers.
5 (d) The licensure and
regulations regulation of mobile
6 manufactured home
installers and repairers servicers.
7 (e) The setup and
installation of mobile manufactured homes
8 inside mobile manufactured
home parks communities or seasonal
9 mobile manufactured home parks communities.
10 (f) The regulation of the responsibilities, under the
11 mobile manufactured home warranty, of the mobile manufactured
12 home components
manufacturer, the mobile manufactured home
13 assembler or
manufacturer, and the mobile manufactured home
14 dealer retailer, including the time period and
relationships of
15 each under the warranty, and the remedies available, if any, if
16 the responsible parties cease to operate as a business.
17 (g) Abuses relating to all of the following:
18 (i) Consumer Customer deposits, except
utility deposits
19 from consumers customers
who are direct customers of utilities
20 regulated by the Michigan public service commission.
21 (ii) Detailed listing of furnishings and fixtures by a
22 manufacturer of a new mobile
manufactured home or a mobile
23 manufactured home dealer
retailer for a used mobile preowned
24 manufactured home.
25 (iii) Disclosure and delivery of manufacturer's warranties.
26 (iv) Used mobile preowned manufactured
homes. A mobile
27 manufactured home dealer
retailer shall provide a detailed
1 listing of its service
records for used mobile preowned
2 manufactured homes which
that are being sold by the dealer
3 retailer and of which
that the dealer retailer has knowledge
4 of.
5 (h) Applications for
and issuance of certificates of title
6 ownership for mobile manufactured
homes.
7 (2) As part of the code, the commission shall also promulgate
8 rules governing the licensure, density, layout, permits for
9 construction, and
construction of seasonal mobile manufactured
10 home parks, including
communities. The rules shall govern
11 standards for roads, utilities, open space, proposed recreational
12 facilities, and safety measures sufficient to protect the health,
13 safety, and welfare of seasonal
mobile manufactured home park
14 community residents.
, except The rules shall not govern water
15 supply, sewage collection and treatment, and drainage facilities
16 , which shall be
regulated by that the
department of public
17 health environmental quality regulates.
18 (3) The In
rules promulgated for seasonal mobile
19 manufactured home parks
communities, the department may impose
20 a less stringent standard
than the rules promulgated for mobile
21 manufactured home parks
communities.
22 Sec. 6. (1) The
department of public health environmental
23 quality shall promulgate
rules for mobile manufactured home
24 parks communities and seasonal mobile manufactured
home
25 parks communities setting forth minimum standards
regulating
26 all of the following:
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 that proposes a
15 standard related to mobile
manufactured home parks
16 communities or seasonal mobile
manufactured home parks
17 communities, or related
to mobile manufactured homes located
18 within a mobile manufactured
home park community or a
19 seasonal mobile manufactured
home park community, that is
20 higher than the standard provided in this act or the code; or a
21 standard related to the business, sales, and service practices of
22 mobile manufactured home dealers retailers,
or the business
23 and installation practices
of mobile manufactured home
24 installers and repairers
servicers, that is higher than the
25 standard provided in this act or the code shall file the proposed
26 standard with the commission. The commission may promulgate
27 rules to establish the criteria and procedure for implementation
1 of a higher standards
standard by a local government. The
2 commission shall review and approve the proposed standard unless
3 the standard is unreasonable, arbitrary, or not in the public
4 interest. If the commission does not approve or disapprove the
5 proposed standard within 60 days after it is filed with the
6 commission, the standard shall
be considered is approved unless
7 the local government grants the commission additional time to
8 consider the standard. After the proposed standard is approved,
9 the local government may adopt the standard by ordinance. The
10 ordinance shall relate to a specific section of the code.
11 (2) A local
government standard related to mobile
12 manufactured homes not
located within a mobile manufactured
13 home park community
or seasonal mobile manufactured home
14 park community need not be filed with the mobile
home
15 manufactured housing commission, unless the standard relates to
16 the business, sales, and
service practices of mobile
17 manufactured home dealers
retailers, or the business and
18 installation practices of
mobile manufactured home installers
19 and repairers servicers.
20 (3) A local government ordinance shall not be designed as
21 exclusionary to mobile
manufactured homes generally whether the
22 mobile manufactured homes are located inside or
outside of
23 mobile manufactured home parks communities
or seasonal
24 mobile manufactured home parks communities.
25 (4) A local government ordinance shall not contain a standard
26 for the setup or
installation of mobile manufactured homes that
27 is incompatible with, or is more stringent than, either of the
1 following:
2 (a) The manufacturer's recommended setup and installation
3 specifications.
4 (b) The mobile manufactured
home setup and installation
5 standards promulgated by the federal department of housing and
6 urban development pursuant
to under the national manufactured
7 housing construction and safety standards act of 1974, title VI
8 of the housing and community development act of 1974, Public Law
9 93-383, 42 U.S.C. 5401 to 5424 and 5426.
10 (5) In the absence of
any setup or installation
11 specifications or standards for foundations as set forth in
12 subsection (4)(a) or (b), the local government standards for
13 site-built housing shall
apply.
14 (6) A local government ordinance shall not contain roof
15 configuration standards or special use zoning requirements that
16 apply only to, or excludes
exclude, mobile manufactured
17 homes. A local government ordinance shall not contain a
18 manufacturing or construction standard that is incompatible with,
19 or is more stringent than, a standard promulgated by the federal
20 department of housing and
urban development pursuant to under
21 the national manufactured housing construction and safety
22 standards act of 1974, title VI of the housing and community
23 development act of 1974, Public Law 93-383 42 U.S.C. 5401 to 5424
24 and 5426. A local government ordinance may include reasonable
25 standards relating to mobile
manufactured homes located outside
26 of mobile manufactured
home parks communities or seasonal
27 mobile manufactured home parks which communities
that ensure
1 that mobile manufactured
homes compare aesthetically to
2 site-built housing located or allowed in the same residential
3 zone.
4 Sec. 11. (1) A
person who desires to develop a mobile
5 manufactured home park
community or a seasonal mobile
6 manufactured home park
community shall submit a preliminary
7 plan to the department of environmental quality and to the
8 appropriate municipality,
local health department, county road
9 commission, and county drain commissioner for preliminary
10 approval. The preliminary plan shall include the location, the
11 layout, the general design, and a general description of the
12 project. The preliminary plan shall not include detailed
13 construction plans.
14 (2) The municipality may grant preliminary approval if the
15 proposed mobile manufactured
home park community or seasonal
16 mobile manufactured home park community
conforms to
17 applicable laws and local ordinances not in conflict with this
18 act and laws and ordinances relative to all of the following:
19 (a) Land use and zoning.
20 (b) Municipal water supply, sewage service, and drainage.
21 (c) Compliance with local fire ordinances and state fire
22 laws.
23 (3) The county drain commissioner shall review and may
24 approve outlet drainage. The county road commission shall review
25 and may approve ingress and egress roads. The county road
26 commission and the county drain commissioner shall adopt and
27 publish standards to implement this subsection. The county road
1 commission and the county
drain commissioner shall do not have
2 authority as to interior
streets and drainage in the mobile
3 manufactured home park
community or seasonal mobile
4 manufactured home park
community, unless the streets or drains
5 are dedicated to the public.
6 (4) The local health department shall grant preliminary
7 approval, under the
guidance of the department of public health
8 environmental quality, for on-site water and sewage service and
9 general site suitability.
10 (5) If a reviewing agency as provided in this section has not
11 returned the preliminary plan to the developer, either approved,
12 modified, or disapproved, within 60 days after it receives the
13 preliminary plan, the
preliminary plan shall be is considered
14 approved.
15 (6) Coordination of approvals by state and local governments
16 shall be provided by the
director of public health
17 environmental quality
before it that department may grant
18 construction approval.
19 (7) The developer shall submit the preliminary approval with
20 the final plans to the
department of public health
21 environmental quality for
review before the department of
22 commerce may issue a construction permit.
23 Sec. 12. (1) When all preliminary approvals are made, the
24 developer shall submit the legal documents and the final plans
25 draft to the department.
26 (2) The department shall review the filing and within 90 days
27 after filing issue its approval or disapproval. Upon the
1 approval of all the reviewing agencies, the department shall
2 issue a permit to
construct the mobile manufactured home park
3 community or seasonal mobile
manufactured home park
4 community.
5 Sec. 13. (1) A
person shall not construct a mobile
6 manufactured home park
community or seasonal mobile
7 manufactured home park
community without obtaining a permit
8 issued by the department.
9 (2) Construction may
begin upon the granting of when the
10 department grants a
permit to construct. by the department.
11 Sec. 14. Upon
completion of the construction of the
12 mobile a manufactured home park community
or seasonal mobile
13 manufactured home park
community, the owner or operator of the
14 park community and a registered professional
engineer or
15 architect shall file with the department an affidavit certifying
16 that the mobile manufactured
home park community or seasonal
17 mobile manufactured home park community,
lot, and work were
18 completed in accordance with the approved specifications and
19 plans.
20 Sec. 16. (1) A
person shall not operate a mobile
21 manufactured home park
community or seasonal mobile
22 manufactured home park
community without a license.
23 (2) Upon completion, review, and approval of certifications,
24 the department shall
grant a license to operate a mobile
25 manufactured home park
community or seasonal mobile
26 manufactured home park
community.
27 (3) An annual license shall be granted and renewed by the
1 department based upon the certifications and recommendations of
2 the appropriate agencies and local governments.
3 (4) If a person submits a timely application for renewal of a
4 license and pays the appropriate fee, the person may continue to
5 operate a mobile manufactured
home park community or seasonal
6 mobile manufactured home park community
unless notified that
7 the application for renewal is not approved.
8 (5) A campground which
that is currently licensed under
9 sections 12501 to 12516
of the public health code, Act No. 368
10 of the Public Acts of
1978, being sections 333.12501 to 333.12516
11 of the Michigan
Compiled Laws 1978 PA 368, MCL
333.12501 to
12 333.12516, that was previously licensed under the licensing
13 provisions of Act No.
243 of the Public Acts of 1959, being
14 sections 125.1035 to
125.1043 of the Michigan Compiled Laws 1959
15 PA 243, MCL 125.1035 to 125.1043, as a seasonal trailer park, and
16 which that currently meets the seasonal trailer park
17 construction standards
under Act No. 243 of the Public Acts of
18 1959 1959 PA 243, MCL 125.1035 to 125.1043, may
apply for and
19 shall be licensed as a
seasonal mobile manufactured home park
20 community under this act if the campground meets all other
21 requirements for
licensure under this act as a seasonal mobile
22 manufactured home park
community.
23 Sec. 16a. Mobile
homes A manufactured home located in a
24 seasonal mobile manufactured
home park community may be
25 occupied on a full-time basis from April 1 to October 31, but
26 shall not be occupied for more than 15 consecutive days in any
27 30-day period from November 1 to March 31.
1 Sec. 17. (1) The
department of public health
2 environmental quality or its authorized representative shall
3 conduct an annual
physical inspection of mobile manufactured
4 home parks communities
and seasonal mobile manufactured home
5 parks communities in accordance with standards
established by
6 the department of public
health environmental quality. If the
7 mobile manufactured home park community
or seasonal mobile
8 manufactured home park
community is approved, the department of
9 public health environmental quality shall issue a
certification
10 of compliance to the
department of commerce that the park
11 community is licensable.
12 (2) Except for purposes of issuing a license or renewing a
13 license pursuant to under
this act, a local government may
14 shall not make an inspection unless it has reason to believe that
15 this act, the code, or
rules promulgated pursuant to under this
16 act were violated.
17 Sec. 18. (1) A variance in the design and construction of a
18 mobile manufactured home park community
or seasonal mobile
19 manufactured home park
community may be granted upon notice of
20 the request to the local
government and the department of public
21 health environmental quality, if the variance has or may
have an
22 impact on department of environmental quality rules, at the time
23 of filing with the
department. of commerce. If the local
24 government grants a
variance which would permit activities
25 violative of the
minimum standards of the code, the local
26 government shall file
with the department a copy of the variance
27 order and an
explanation of the reason for the granting of the
1 order. The department
may approve or disapprove the variance or
2 revoke the variance upon
notice and hearing.
3 (2) After a public
hearing, the department commission may
4 grant a specific variance to a substantive requirement of the
5 code if the literal application of the substantive requirement
6 would result in an exceptional, practical difficulty to the
7 applicant, and if the specific condition justifying the variance
8 is neither so general nor recurrent in nature as to make an
9 amendment of the code with respect to the condition reasonably
10 practical or desirable.
11 (3) The department
commission may attach in writing a
12 condition in connection with the granting of a variance that in
13 its judgment is necessary to protect the health, safety, and
14 welfare of the people of this state. The variance shall not
15 exceed the minimum necessary to alleviate the exceptional,
16 practical difficulty.
17 (4) A variance to a local ordinance, zoning requirement, or
18 local rule may be granted only by a local government.
19 (5) A variance to a rule promulgated under this act may be
20 granted only by the commission.
21 Sec. 21. (1) A mobile
manufactured home dealer retailer
22 shall not engage in the
retail sale of a mobile manufactured
23 home without a license.
24 (2) A mobile manufactured
home dealer, mobile retailer,
25 or a manufactured home
installer , or repairer servicer, may
26 obtain an initial or renewal license by filing with the
27 commission an application together with consent to service of
1 process in a form
prescribed by the commission pursuant to
2 under section 35.
3 (3) An initial or renewal license under this act shall be
4 issued for not more than
1 year. Licenses shall expire on
5 October 1.
6 (4) The annual
license fee for a mobile manufactured home
7 dealer retailer is $150.00 or any other a
lesser amount
8 established pursuant
to under section 9(5).
9 (5) The annual
license fee for a mobile manufactured home
10 installer or repairer is
$50.00 or any other a lesser amount
11 established pursuant
to under section 9(5).
12 (6) A licensed mobile
manufactured home dealer, mobile
13 retailer, or a manufactured
home installer , or repairer
14 servicer, may file an application for the license of a successor,
15 whether or not the successor is then in existence, for the
16 unexpired portion of the year. The commission may grant or deny
17 the application.
18 (7) A licensee who submits a timely application for renewal
19 of a license and pays the appropriate fee may continue sales of
20 mobile manufactured homes unless notified that the
application
21 for renewal is not approved.
22 Sec. 22. The commission may promulgate rules to require a
23 licensed mobile manufactured
home dealer retailer to post a
24 surety bond in an amount up to $10,000.00 for each sales location
25 and may determine conditions of the bond. An appropriate deposit
26 of cash or securities shall be accepted in lieu of a required
27 bond. which is
required.
1 Sec. 23. A licensed mobile
manufactured home dealer
2 retailer shall make and keep accounts, and other records as the
3 commission prescribes by rule. The records required shall be
4 preserved for 3 years unless the commission otherwise prescribes
5 by rule for particular types of records. If the information
6 contained in a record filed with the commission is or becomes
7 inaccurate or incomplete
in any a material respect, the
8 licensee promptly shall file a correcting amendment.
9 Sec. 24. A mobile
manufactured home dealer retailer
10 shall not do any of the following:
11 (a) Advertise or
represent a mobile manufactured home as
12 other than calendar or model year.
13 (b) Misapply consumer
customer deposits on a mobile
14 manufactured home or a mobile
manufactured home park
15 community.
16 (c) Fail to place deposits, down payments, or similar
17 payments for the purchase
or right to purchase a mobile
18 manufactured home in a separate escrow account subject to return
19 upon cancellation of the purchase order by the prospective
20 purchaser under the rules or orders as the commission promulgates
21 or issues unless the dealer
shall post retailer posts a bond or
22 a deposit of cash or securities for protection of these payments
23 in an amount acceptable to the commission.
24 (d) Fail to disclose
to the department any direct or
25 indirect business relationships with financial and loan
26 institutions, banks, and insurance companies.
27 Sec. 25. (1) The commission shall promulgate rules relating
1 to the responsibility of
the mobile manufactured home dealer,
2 mobile retailer, the manufactured home installer and
servicer,
3 and the mobile manufactured
home park community or seasonal
4 mobile manufactured home park community
owner for
5 installation and setup of
a mobile manufactured home.
6 (2) A person licensed
under any 1 or more of the following
7 acts shall is
not be required to be licensed as a mobile
8 manufactured home installer
and repairer servicer in order to
9 perform work on mobile
manufactured homes for which the person
10 is licensed, unless the work performed also includes the setup,
11 installation, or general repair
servicing of mobile
12 manufactured homes:
13 (a) The electrical
administrative act, Act No. 217 of the
14 Public Acts of 1956,
being sections 338.881 to 338.892 of the
15 Michigan Compiled Laws
1956 PA 217, MCL 338.881 to
338.892.
16 (b) Act No. 266
of the Public Acts of 1929, being sections
17 338.901 to 338.917 of
the Michigan Compiled Laws The
state
18 plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569.
19 (c) The Forbes
mechanical contractors act, Act No. 192 of
20 the Public Acts of
1984, being sections 338.971 to 338.988 of the
21 Michigan Compiled Laws
1984 PA 192, MCL 338.971 to
338.988.
22 (3) The electrical
administrative act, Act No. 217 of the
23 Public Acts of 1956,
being sections 338.881 to 338.892 of the
24 Michigan Compiled
Laws, Act No. 266 of the Public Acts of 1929,
25 being sections 338.901
to 338.917 of the Michigan Compiled Laws
26 1956 PA 217, MCL 338.881 to 338.892, the state plumbing act, 2002
27 PA 733, MCL 338.3511 to 338.3569, and the Forbes mechanical
1 contractors act, Act
No. 192 of the Public Acts of 1984, being
2 sections 338.971 to
338.988 of the Michigan Compiled Laws, shall
3 1984 PA 192, MCL 338.971 to 338.988, do not apply to the setup or
4 installation of a mobile
manufactured home and the following
5 connections, or
replacement or repair servicing of the
6 following connections, by
a licensed mobile manufactured home
7 installer and repairer
servicer:
8 (a) Factory-installed electrical wiring, devices, appliances,
9 or appurtenances to available electrical meters or pedestals.
10 (b) Factory-installed piping, fixtures, plumbing appliances,
11 and plumbing appurtenances to sanitary drainage or storm drainage
12 facilities, venting systems, or public or private water supply
13 systems.
14 (c) Factory-installed process piping, heating and cooling
15 equipment, and systems or supply lines to available service
16 meters or mains.
17 Sec. 27. (1) A
person shall not, in In connection with
18 the offer, sale,
purchase, or rental of a mobile manufactured
19 home, mobile manufactured
home site, or related equipment,
20 relating thereto a person shall not do either of the
21 following:
22 (a) Employ a devise, scheme, or artifice to defraud.
23 (b) Make an untrue statement of material fact or omit to
24 state a material fact necessary to make the statement not
25 misleading, in the light of the circumstances under which it is
26 made.
27 (2) A person shall not willfully authorize, direct, or aid in
1 publication, advertisement, distribution, or circulation of a
2 statement or
representation concerning a mobile manufactured
3 home, mobile manufactured
home site, or related equipment
4 relating thereto,
which that misrepresents the
facts concerning
5 the mobile manufactured
home, mobile manufactured home site,
6 or related
equipment. relating thereto.
7 (3) A person with knowledge that an advertisement, pamphlet,
8 prospectus, or letter
concerning a mobile manufactured home,
9 mobile manufactured home site, or related
equipment relating
10 thereto contains a written statement that is false or
fraudulent
11 , shall not issue, circulate, publish, or distribute
the
12 advertisement, pamphlet, prospectus, or letter concerning a
13 mobile manufactured home, mobile manufactured
home site, or
14 related equipment.
relating thereto.
15 (4) A person shall
not willfully make any a material
16 misrepresentation in the
sale of a mobile manufactured home,
17 mobile manufactured home site, or related
equipment. relating
18 thereto.
19 Sec. 28. (1) An owner
or operator of a mobile manufactured
20 home park community
or seasonal mobile manufactured home
21 park community shall not engage, or permit an
employee or agent
22 to engage, in any of the following unfair or deceptive methods,
23 acts, or practices:
24 (a) Directly or indirectly charging or collecting from a
25 person an entrance fee.
26 (b) Requiring a person to directly or indirectly purchase a
27 mobile manufactured home from another person as a
condition of
1 entrance to, or lease or
rental of, a mobile manufactured home
2 park community or seasonal mobile manufactured
home park
3 community space.
4 (c) Directly or indirectly charging or collecting from a
5 person a refundable or nonrefundable exit fee.
6 (d) Requiring or coercing a person to purchase, rent, or
7 lease goods or services from another person as a condition of any
8 of the following:
9 (i) Entering into a park community or
lease.
10 (ii) Selling a mobile manufactured home
through the park
11 community owner or
operator , or his or her agent or designee
12 upon leaving a mobile
manufactured home park community or
13 seasonal mobile manufactured
home park community.
14 (iii) Renting space in a mobile manufactured
home park
15 community or seasonal mobile
manufactured home park
16 community.
17 (e) Directly or indirectly charging or collecting from a
18 person money or other thing of value for electric, fuel, or water
19 service without the resident's or tenant's use of that service
20 by a resident or
tenant being first accurately and
consistently
21 measured, unless that service is included in the rental charge as
22 an incident of tenancy.
23 (f) Conspiring, combining, agreeing, aiding, or abetting in
24 the employment of a method, act, or practice that violates this
25 act.
26 (g) Renting or
leasing a mobile manufactured home or site
27 in a mobile manufactured
home park community or seasonal
1 mobile manufactured home park community
without offering a
2 written lease.
3 (h) Subject to section 28a, prohibiting a resident from
4 selling his or her mobile
manufactured home on-site for a price
5 determined by that resident, if the purchaser qualifies for
6 tenancy and the mobile
manufactured home meets the conditions
7 of written park community
rules or regulations. This
8 subdivision does not
apply to seasonal mobile manufactured home
9 parks communities.
10 (i) Subject to
reasonable mobile manufactured home park
11 community or seasonal mobile
manufactured home park community
12 rules governing the location, size, and style of exterior
13 television antenna, prohibiting a person from installing or
14 maintaining an exterior
television antenna on a mobile
15 manufactured home within
the park community unless the mobile
16 manufactured home park
community or seasonal mobile
17 manufactured home park
community provides park residents,
18 without charge, a central television antenna for UHF-VHF
19 reception.
20 (j) Requiring a repossessing lender to pay a homeowner's debt
21 that was incurred before repossession of the manufactured home.
22 (k) Prohibiting a repossessing lender from selling a
23 manufactured home on-site.
24 (2) A tenant resident
of a mobile manufactured home
25 park community or seasonal mobile manufactured
home park
26 community may bring an action on his or her own behalf for a
27 violation of this section.
1 (3) If the commission has reason to suspect that the owner of
2 a mobile manufactured
home park community or seasonal
3 mobile manufactured home park community
is engaged in conduct
4 that violates existing water utility tariffs or qualifies the
5 owner of a mobile manufactured
home park community or
6 seasonal mobile manufactured
home park community for
7 regulation as a water utility, the commission shall promptly send
8 a written report of the alleged violation to the Michigan public
9 service commission.
10 Sec. 28a. (1) Mobile
Manufactured home park community
11 rules or regulations may include provisions governing the
12 physical condition of mobile
manufactured homes and the
13 aesthetic characteristics
of mobile manufactured homes in
14 relation to the mobile
manufactured home park community in
15 which they are located, subject to all of the following:
16 (a) The age or size
of a mobile manufactured home shall not
17 be used as the sole basis for refusing to allow an on-site,
18 in-park in-community sale or for refusing to allow the
mobile
19 manufactured home to remain on-site. The community rules or
20 regulations shall not establish a minimum value or a minimum sale
21 price for a manufactured home as a condition to an in-community
22 sale of the home. The burden of going forward in a suit against
23 the mobile manufactured
home park community owner or operator
24 for violation of this subdivision is on the resident.
25 (b) The standards
incorporated in the written park
26 community rules or regulations governing the physical condition
27 and aesthetic
characteristics of mobile manufactured homes in
1 the mobile manufactured
home park shall community apply
2 equally to all residents.
3 (c) A mobile manufactured
home sold on-site shall conform
4 with Act No. 133 of
the Public Acts of 1974, being sections
5 125.771 to 125.774 of
the Michigan Compiled Laws 1974
PA 133,
6 MCL 125.771 to 125.774.
7 (d) Any A
charge connected to the on-site, in-park
8 in-community sale of a mobile
manufactured home, other than the
9 inspection fee permitted under subdivision (e) and the commission
10 or fee charged by a mobile
manufactured home dealer retailer
11 licensed under this act who is engaged by the seller to transact
12 the sale, is considered an entrance or exit fee in violation of
13 section 28.
14 (e) A park community
owner or operator may charge a
15 reasonable fee to inspect
the mobile manufactured home before
16 sale. The charge shall not be more than $30.00, or the amount
17 charged for a
building permit inspections inspection by the
18 municipality in which the
mobile manufactured home is located,
19 whichever is higher.
20 (f) The standards governing the physical condition of
21 mobile manufactured homes and the aesthetic
characteristics of
22 mobile manufactured homes in the mobile manufactured
home
23 park community, as incorporated in the written park
community
24 rules, shall not be designed to defeat the intent of this
25 section.
26 (2) Subsection (1)(f)
shall does not apply if the mobile
27 manufactured home park
community is changing its method of
1 doing business and provides not less than 1 year's notice, unless
2 a different notice period is otherwise provided by law, of the
3 proposed change to all
affected mobile manufactured home park
4 community residents. A
change in a mobile manufactured home
5 park's community's method of doing business includes,
but is
6 not limited to, any 1
or more of the following:
7 (a) Conversion to a mobile
manufactured home park
8 community condominium pursuant
to under the condominium act,
9 Act No. 59 of the
Public Acts of 1978, being sections 559.101 to
10 559.275 of the
Michigan Compiled Laws 1978 PA
59, MCL 559.101 to
11 559.276.
12 (b) Conversion to total
rental of both mobile manufactured
13 home site and park-owned
mobile community-owned manufactured
14 homes.
15 (c) Changes in use of
the land on which the mobile
16 manufactured home park
community is located.
17 (3) Notwithstanding
subsection (1) or (2), a mobile
18 manufactured home park
community may require a mobile
19 manufactured home to be moved to a comparable site within the
20 mobile manufactured home park community,
at the expense of
21 the mobile manufactured
home park community.
22 (4) If, after termination of a resident's tenancy for just
23 cause as provided in chapter 57a of the revised judicature act of
24 1961, Act No. 236 of
the Public Acts of 1961, being sections
25 600.5771 to 600.5785
of the Michigan Compiled Laws 1961
PA 236,
26 MCL 600.5771 to 600.5785,
the resident of a mobile manufactured
27 home park community
sells his or her mobile manufactured home
1 to the owner or operator
of the mobile manufactured home park
2 community, or to any an
entity in which the owner or operator
3 has any an
interest, the resident shall have has the right to
4 have the mobile manufactured
home's value appraised and, if so
5 appraised, the sale price
of the mobile manufactured home shall
6 not be less than the appraised value.
7 (5) Except as
provided in subsection (1)(a), a mobile
8 manufactured home park
community owner or operator, or both,
9 has the burden of going forward to show compliance with
10 subsection (1).
11 Sec. 28b. A mobile
manufactured home park community
12 rule that does either of the following shall not be enforced
13 against a resident, unless the rule was proposed and in force
14 before the resident was
approved for tenancy in the mobile
15 manufactured home park
community:
16 (a) Prohibits those
children a child who were was
17 previously approved under
prior park community rules from
18 residing in the mobile
manufactured home park community. A
19 rule prohibiting children
a child, or an additional children
20 child, shall not be
enforced against persons a person who were
21 residents was a resident of the mobile manufactured
home
22 park community at the time the rule was adopted
until after
23 1 year's notice to those
persons that person.
24 (b) Prohibits a
resident from keeping those pets which were
25 a pet that was previously
approved under prior park community
26 rules, except a
dangerous animals animal.
27 Sec. 28c. (1) A lease or rental agreement or rules or
1 regulations that are
adopted pursuant to under a lease or
2 rental agreement may include a provision that requires awarding
3 liquidated damages to
be awarded to the prevailing party in a
4 contested action to
terminate a tenancy in a mobile
5 manufactured home park
community for just cause under
6 section 5775 of the
revised judicature act of 1961, Act No. 236
7 of the Public Acts of
1961, being section 600.5775 of the
8 Michigan Compiled Laws
1961 PA 236, MCL 600.5775.
9 (2) A provision allowed under subsection (1) may require
10 liquidated damages of not more than $500.00 for an action in the
11 district court and not more than $300.00 for each appellate
12 level. Liquidated damages shall not be construed to be a
13 penalty.
14 Sec. 29. A utility company shall notify the department 10
15 days before shutoff of service for nonpayment, including sewer,
16 water, gas, or electric service, when the service is being
17 supplied to the licensed
owner or operator of a mobile
18 manufactured home park
community or seasonal mobile
19 manufactured home park
community for the use and benefit of the
20 park's community's tenants.
21 Sec. 30. (1) After
December 31, 1978, every mobile
22 manufactured home located
in this state shall be is subject to
23 the certificate of title
ownership provisions of this act,
24 except for any a
new mobile manufactured home owned by a
25 manufacturer or licensed mobile
manufactured home dealer
26 retailer and held for sale.
27 (2) After December 31, 1978, a certificate of title for a
1 mobile manufactured home issued by the secretary of
state
2 before January 1, 1979, pursuant
to Act No. 300 of the Public
3 Acts of 1949, being
sections 257.1 to 257.923 of the Michigan
4 Compiled Laws under the Michigan vehicle code, 1949 PA 300, MCL
5 257.1 to 257.923, shall
be is considered to be a certificate
6 of title ownership
issued by the department under this act and
7 shall be is subject to all of the provisions of this
act
8 respecting regarding certificates of title ownership.
9 (3) After December
31, 1978, a mobile manufactured home
10 shall not be sold or transferred except by transfer of the
11 certificate of title ownership
for the mobile manufactured
12 home pursuant to under
this act.
13 Sec. 30a. (1) An
owner of a mobile manufactured home
14 which that is subject to the certificate of title
ownership
15 provisions of this act
shall make application apply to the
16 department for the
issuance of a certificate of title ownership
17 for the mobile manufactured
home upon the appropriate form
18 furnished by the department, accompanied by a fee of $45.00 or
19 any a lesser amount established pursuant to under
section
20 9(5). The application shall bear the signature of the owner
21 written in ink, shall be acknowledged by the owner before a
22 person authorized to take acknowledgments, and shall contain all
23 of the following:
24 (a) The name and address of the owner.
25 (b) A description of
the mobile manufactured home,
26 including the name of the manufacturer, the year and model, and
27 the manufacturer's serial number or, in the absence of a serial
1 number, a number assigned by the department. A number assigned
2 by the department shall
be permanently placed on the mobile
3 manufactured home in the manner and place designated by the
4 department.
5 (c) A statement of
the names and addresses of the holders of
6 any security interests
in the mobile name and address of
each
7 holder of a security interest in the manufactured home, in the
8 order of their priority.
9 (d) Further information as may reasonably be required by the
10 department to enable it to determine whether the owner of the
11 mobile manufactured home is entitled to a certificate
of
12 title ownership for the mobile manufactured
home.
13 (2) If the department is not satisfied as to the ownership of
14 the mobile a manufactured home, before issuing a
certificate of
15 title ownership for it, the department may require
the
16 applicant to file a properly executed surety bond in a form
17 prescribed by the department, executed by the applicant and a
18 company authorized to conduct a surety business in this state.
19 The bond shall be in an amount equal to twice the value of the
20 mobile manufactured home as determined by the
department and
21 shall be conditioned to indemnify or reimburse the department,
22 any a prior owner, any a holder of
a security interest in the
23 mobile manufactured home, and any a
subsequent purchaser of
24 the mobile manufactured
home, and their successors in interest,
25 against any expense,
loss, or damage, including reasonable
26 attorney's fees, by reason of the issuance of a certificate of
27 title ownership to the mobile manufactured
home or on account
1 of any a
defect in the right, title ownership, or interest of
2 the applicant in and to
the mobile manufactured home. Each
3 interested person has a right of action to recover on the bond
4 for a breach of its conditions, but the aggregate liability of
5 the surety to all persons shall not exceed the amount of the
6 bond. The bond shall be returned at the end of 5 years, or
7 before 5 years if the
currently valid certificate of title
8 ownership is surrendered to the department, unless the department
9 has received notification
of the pendency of that an action is
10 pending to recover on the bond.
11 (3) The department shall examine and determine the
12 genuineness, regularity, and legality of an application for a
13 certificate of title ownership
for a mobile manufactured home
14 and of any other
application lawfully made to the department. ,
15 and The department may in all cases make
investigation
16 investigate or require
additional information as may be
17 considered it considers necessary, and shall reject any
an
18 application if not
satisfied of as to the genuineness,
19 regularity, or legality
of it or the truth of any a statement
20 contained in it, or for any other reason, when authorized by
21 law.
22 (4) The fee for obtaining a duplicate, replacement, or
23 corrected title certificate
of ownership, for placing or
24 terminating a lien on the
title certificate of ownership, or
25 for placing a name on the
title certificate of ownership is
26 $15.00 or any other a
lesser amount established pursuant to
27 under section 9(5).
1 Sec. 30b. (1) The department upon receipt of the required
2 application and fees
shall issue a certificate of title
3 ownership except as otherwise provided.
4 (2) The certificate
of title ownership shall contain upon
5 its face the date issued, the name and address of the owner, a
6 description of the mobile
manufactured home as determined by
7 the department, a statement of all security interests in the
8 mobile manufactured home as set forth in the
application, the
9 date on which the application was filed, and other information as
10 the department may require.
11 (3) The certificate
of title ownership shall contain upon
12 on the reverse side forms
for assignment of title ownership or
13 interest and warranty of title
ownership by the owner with
14 space for notation of
security interests in the mobile
15 manufactured home at the time of a transfer to be signed in ink,
16 and other forms as the
department may consider considers
17 necessary to facilitate the effective administration of this
18 section. The certificate
shall bear the department's seal. of
19 the department.
20 (4) The certificate
of title ownership shall be mailed or
21 delivered to the owner or other person as the owner may direct in
22 a separate instrument, in
the form as the department shall
23 prescribe prescribes.
24 Sec. 30c. (1) If the
owner of a mobile manufactured home
25 transfers or assigns the
owner's title ownership or interest to
26 the mobile manufactured
home, the owner shall indorse endorse
27 on the back of the
certificate of title ownership an assignment
1 of the mobile manufactured
home with warranty of title
2 ownership with a statement of all security interests in the
3 mobile manufactured home. , and the
owner shall cause mail
4 or deliver the
certificate to be mailed or delivered to the
5 department or to the purchaser or transferee at the time of the
6 delivery to the purchaser
or transferee of the mobile
7 manufactured home.
8 (2) Upon the delivery
of a mobile manufactured home and the
9 transfer, sale, or
assignment of the title ownership or
10 interest in a mobile manufactured
home, the effective date of
11 the transfer of title
ownership or interest shall be is the
12 date of execution of
either the application for title
13 certificate of ownership
or the certificate of title
14 ownership.
15 (3) The purchaser or transferee, unless the purchaser or
16 transferee is a licensed dealer
retailer, shall cause to be
17 presented present to the department the certificate of title
18 ownership accompanied by 1
of the following applicable fee, as
19 follows fees:
20 (a) Except as provided in subdivision (b) or (c), $45.00.
21 (b) Except as provided in subdivision (c), $15.00, if the
22 sale, assignment, or other transfer will require the addition or
23 deletion from the
certificate of title ownership of any 1 or
24 more of the following:
25 (i) The owner's spouse.
26 (ii) A person related to the owner within the fourth degree
27 of consanguinity as computed by the civil law method.
1 (iii) A person related to the owner's spouse within the
2 fourth degree of consanguinity as computed by the civil law
3 method.
4 (c) Any other A
lesser amount established pursuant to
5 under section 9(5).
6 (4) Upon presentation
of the certificate of title ownership
7 accompanied by the
applicable fee, a new certificate of title
8 ownership shall be
issued. A certificate of title ownership
9 issued under subsection (3) and this subsection shall be mailed
10 or delivered to the owner
or any other another person the owner
11 may direct directs in a separate instrument in a form as
12 prescribed by the department prescribes.
13 (5) If a security interest is reserved or created at the time
14 of the transfer, the parties shall comply with section 30d.
15 (6) If the transferee
of a mobile manufactured home is a
16 mobile manufactured home dealer retailer
who holds the
17 mobile manufactured home for resale, the dealer
shall
18 retailer is not be required
to forward the certificate of
19 title ownership to the department, but the dealer
retailer
20 shall retain possession
of the assigned certificate of title
21 ownership. Upon transfer
of the dealer's title retailer's
22 ownership or interest to
another person, the dealer retailer
23 shall execute and acknowledge an assignment and warranty of
24 title ownership upon the certificate of title ownership
and
25 deliver it to the person to whom the transfer is made if the
26 person is a licensed dealer
otherwise retailer. Otherwise, the
27 transferor shall make
application for a new title shall be made
1 by the transferor certificate of ownership as provided in
2 section 30a(1).
3 Sec. 30d. (1) If an
owner named in a certificate of title
4 ownership creates a
security interest in the mobile
5 manufactured home described in the certificate, all of the
6 following apply:
7 (a) The owner shall immediately execute an application in the
8 form prescribed by the
department prescribes showing the name
9 and address of the holder
of the security interest. and The
10 owner shall deliver the
certificate of title ownership,
11 application, and a fee of $1.00 together with a copy of the
12 application, which
need not does not need to be signed, to the
13 holder of the security interest.
14 (b) The holder of the
security interest shall cause mail or
15 deliver the certificate
of title ownership, application, and
16 fee and the copy of the application
to be mailed or delivered
17 to the department.
18 (c) The department shall indicate on the copy of the
19 application the date and place of filing of the application and
20 return the copy to the person presenting it.
21 (d) Upon receipt of
the certificate of title ownership,
22 application, and the required fee the department shall issue a
23 new certificate in the
form provided prescribed by section 30b
24 setting forth the name and address of each holder of a security
25 interest in the mobile
manufactured home for which a
26 termination statement has
not been filed and the date on which
27 that the application first stating the security interest was
1 filed, and mail the certificate to the owner.
2 (2) A holder of a security interest may assign, absolutely or
3 otherwise, the security interest to a person other than the owner
4 without affecting the interest of the owner or the validity of
5 the security interest, but a person without notice of the
6 assignment is protected in dealing with the holder of the
7 security interest as the holder of the security interest. The
8 assignee may have the
certificate of title indorsed ownership
9 endorsed with the assignee named as the holder of the security
10 interest by providing the department with a copy of the
11 assignment instrument but the failure of the assignee to do so
12 shall does not affect the validity of the security
interest or
13 the assignment of the security interest.
14 (3) The filing under this section or under section 30a of an
15 application for a
certificate of title ownership showing the
16 name and address of the holder of a security interest in a
17 mobile manufactured home is equivalent to the filing
of a
18 financing statement with respect to the security interest under
19 article 9 of the uniform commercial
code, Act No. 174 of the
20 Public Acts of 1962,
being sections 440.9101 to 440.9994 of the
21 Michigan Compiled Laws
1962 PA 174, MCL 440.9101 to
440.9994.
22 (4) When If
there is not an outstanding obligation or
23 commitment to make advances, incur obligations, or otherwise give
24 value, secured or to be secured by a security interest in a
25 mobile manufactured home, the secured party shall,
within 10
26 days after satisfaction of the obligation and, in any event
27 within 30 days, execute a termination statement in the form
1 prescribed by the department prescribes and mail or deliver
the
2 termination statement to the owner or other person as the owner
3 may direct. The owner,
other than a dealer retailer holding
4 the mobile manufactured
home for resale, shall promptly cause
5 mail or deliver the certificate, all termination statements, and
6 an application for
certificate of title ownership accompanied
7 by a fee of $1.00 to
be mailed or delivered to the department.
8 , which The department shall issue a new certificate.
9 Sec. 30e. (1) If the
interest of the owner in a mobile
10 manufactured home is terminated by the enforcement of a security
11 agreement, the transferee of the owner's interest shall promptly
12 mail or deliver to the
department the last certificate of title
13 ownership, if the
transferee has possession of possesses it, an
14 application for a new
certificate in the form prescribed by the
15 department prescribes, and an affidavit made by or on behalf of
16 the holder of the security interest so enforced stating that the
17 mobile manufactured home was repossessed, that the
interest of
18 the owner was lawfully terminated by enforcement of the security
19 agreement, and whether the holder has delivered the last
20 certificate of title ownership
to the transferee of the owner's
21 interest, naming the transferee, or if not, the reason delivery
22 was not made and the then
location of the certificate of
23 title ownership so far as known to the holder. If
the holder
24 of the security interest succeeds to the interest of the owner
25 and holds the mobile manufactured
home for resale, the holder
26 shall is not be required to secure a new
certificate of
27 title ownership but, upon transfer to another
person, shall
1 promptly mail or deliver to the transferee or to the department
2 the certificate, if in the holder's possession, the affidavit,
3 and other documents required to be sent to the department by the
4 transferee.
5 (2) If the interest
of the owner in a mobile manufactured
6 home is terminated by
sale pursuant to under a levy of
7 execution, attachment, or other process of a court, the
8 transferee of the owner's interest shall promptly mail or deliver
9 to the department the
last certificate of title ownership, if
10 the transferee has
possession of possesses it, an application
11 for a new certificate of title
ownership in the form
12 prescribed by the department prescribes, and an affidavit,
upon
13 a form prescribed by the
department prescribes, made by the
14 officer of the court who conducted the sale, setting forth the
15 date of the sale, and
the name of the purchaser, and whether
16 the officer has delivered
the certificate of title ownership to
17 the purchaser. and
if not, If the certificate of ownership was
18 not delivered to the purchaser, the officer shall state in the
19 affidavit the reason
delivery was not made and the then
20 location of the
certificate of title ownership so far as known
21 to the officer.
22 (3) A person holding
a certificate of title where ownership
23 in which the interest of the owner named in the certificate has
24 been terminated in the manner provided by subsection (1) or (2)
25 shall mail or deliver the certificate to the department upon its
26 request. The delivery of
the certificate pursuant to at the
27 request of the department does not affect the rights of the
1 person surrendering the certificate, and the action of the
2 department in issuing a
new certificate of title ownership is
3 not conclusive upon
any on the rights of an owner or holder of
4 a security interest named in the old certificate.
5 (4) The
department, upon Upon receipt of an application for
6 a new certificate of title
ownership by a transferee in the
7 manner provided by subsection (1) or (2), with proof of the
8 transfer, the required fee, and any other documents required by
9 law, the department
shall issue a new certificate of title
10 ownership in the name of the transferee as owner, setting forth
11 all security interests
noted on the last certificate of title
12 ownership as having priority over the security agreement so
13 enforced and shall mail or deliver the new certificate to the
14 owner. If the
outstanding certificate of title ownership is
15 not delivered, the department shall make demand for the
16 outstanding certificate
of title ownership from the holder.
17 Sec. 30f. The department shall retain and appropriately
18 file every surrendered
certificate of title ownership. The
19 file shall be maintained so
as to permit in a manner that
20 permits the tracing of title
ownership of the mobile
21 manufactured home designated in a surrendered certificate for a
22 period of 10 years.
23 Sec. 30g. (1) The department may cancel or refuse to issue
24 a certificate of title
ownership under 1 or more of the
25 following circumstances:
26 (a) If the department is satisfied that the certificate of
27 title ownership was fraudulently or erroneously
issued.
1 (b) If the department determines that the holder of the
2 certificate has made or
is making an unlawful use of the
3 certificate.
4 (c) If the department determines that the required fee has
5 not been paid and the fee is not paid upon reasonable notice or
6 demand.
7 (d) If the department
is authorized under any other another
8 provision of this act.
9 (e) Upon receipt
of If the department receives notification
10 from another state or foreign country that a certificate of
11 title ownership issued by the department has been
surrendered
12 by the owner in conformity with the laws of the other state or
13 foreign country.
14 (f) If it is shown by satisfactory evidence that delivery of
15 a mobile manufactured
home in the possession of a dealer was
16 not made to the applicant to whom the certificate was issued.
17 (2) Before a cancellation under subsection (1)(a), (b), or
18 (d) is made, the person affected shall be given notice and an
19 opportunity to be heard.
20 Sec. 30h. The commission in consultation with the secretary
21 of state shall promulgate
rules. , which The rules promulgated
22 by the commission shall further define and distinguish between
23 the term mobile manufactured
home as used in this act and the
24 term trailer coach as
used in the Michigan vehicle code, Act
25 No. 300 of the Public
Acts of 1949, being sections 257.1 to
26 257.923 of the
Michigan Compiled Laws 1949 PA
300, MCL 257.1 to
27 257.923.
1 Sec. 31. A person who offers, sells, or purchases a
2 mobile manufactured home or equipment or a mobile
3 manufactured home site in violation of this act or the code may
4 have an action brought against him or her to rescind the
5 transaction and recover damages.
6 Sec. 38. (1) The department may issue an order to show
7 cause why an order imposing sanctions or penalties allowed under
8 this act should not be issued by the commission if the department
9 finds both that
the order is in the public interest , and any
10 1 or more of the following:
11 (a) An application filed pertaining to a license, a
12 disclosure statement, or a related document filed with the
13 department in connection
with a mobile manufactured home
14 license , is
incomplete in any a material respect or contains
15 a statement which that
is false or misleading, in the light of
16 the circumstances under which it is made.
17 (b) A provision of this act, or a rule, order, or condition
18 lawfully imposed under this act, was not complied with or was
19 violated in connection with the offering by the person filing the
20 document; the developer, dealer
retailer, or operator; a
21 partner, officer, director, proprietor, or manager of the
22 developer, dealer retailer,
or operator; or a person directly
23 or indirectly controlling, or directly controlled by, the
24 developer, dealer retailer,
or operator.
25 (c) The project worked or tended to work a fraud or deception
26 or would so operate, or the project would create an unreasonable
27 risk to a
prospective tenants resident, as defined by rules
1 promulgated by the commission.
2 (d) The developer, dealer
retailer, or operator; a partner,
3 officer, director, proprietor, or manager of the developer,
4 dealer retailer, or operator; a person directly or
indirectly
5 controlling or directly
controlled by the developer, dealer
6 retailer, or operator; or a person identified in the application
7 for a license , or
in a disclosure statement , was within the
8 past 10 years immediately before the date of the order convicted
9 of an offense under this
act, or is the subject of an
10 administrative order issued under this act, or had a civil
11 judgment entered against him or her as a result of a violation of
12 this act or a rule
promulgated or order issued pursuant to
13 under this act, and the department determines that the
14 involvement of the person in the sale or development of the
15 project creates an
unreasonable risk to a prospective tenants
16 resident or mobile manufactured
home purchasers purchaser.
17 (e) The developer, dealer
retailer, or operator; a partner,
18 officer, director, proprietor, or manager of the developer; a
19 person directly or indirectly controlling or directly controlled
20 by the developer, dealer
retailer, or operator; or a person
21 identified in the
application for a license , or in a
22 disclosure statement ,
was convicted of a violation or was the
23 subject of an administrative order or civil judgment as a result
24 of a violation of a statute regulating the offering of securities
25 or franchises or licensing or regulating builders, real estate
26 brokers, or real estate salespersons, or of violation of the land
27 sales act, Act No.
286 of the Public Acts of 1972, being
1 sections 565.801 to
565.835 of the Michigan Compiled Laws 1972
2 PA 286, MCL 565.801 to 565.835, or a rule promulgated or an order
3 issued under that act.
4 (f) The applicant's method of business, construction,
5 development, or sales includes or would include activities
6 which that are illegal.
7 (g) The applicant failed to pay the proper fee.
8 (h) The applicant failed to comply with the state warranty
9 laws.
10 (2) When If
it appears to the department that a person
11 engaged in an act or practice constituting a violation of this
12 act or a rule promulgated or order issued under this act, the
13 department may issue a notice to show cause why a cease and
14 desist order should not be issued.
15 (3) After 10 days' notice and opportunity for hearing, the
16 department may stop construction as to part or all of a project
17 if continuing the building will cause irreparable harm to
18 residents and prospective residents of the project.
19 Sec. 43. (1) If, after notice and a hearing as provided in
20 the administrative
procedures act of 1969, Act No. 306 of the
21 Public Acts of 1969,
being sections 24.201 to 24.328 of the
22 Michigan Compiled Laws
1969 PA 306, MCL 24.201 to 24.328,
a
23 person is determined to have violated this act, the commission
24 may impose 1 or more of the following penalties:
25 (a) Censure.
26 (b) Probation.
27 (c) Placement of a limitation on a license.
1 (d) Suspension of a license. The commission may request the
2 appointment of a receiver when taking action under this
3 subdivision.
4 (e) Revocation of a license. The commission may request the
5 appointment of a receiver when taking action under this
6 subdivision.
7 (f) Denial of a license.
8 (g) A civil fine of not more than $10,000.00.
9 (h) A requirement that restitution be made.
10 (2) A fine collected under this section shall be deposited
11 with the state treasurer
and credited to the mobile home
12 manufactured housing commission fund.
13 (3) This section does
not prohibit actions an action being
14 taken under other
sections another section of this act.
15 (4) The pursuit in court of the lawful rights of a licensee
16 does not constitute a violation of this act, regardless of the
17 outcome of the court action.
18 Sec. 45. (1) This
act shall does not be construed to
19 prohibit the prosecution or punishment of a person for conduct
20 which that constitutes a crime by statute or at
common law.
21 (2) This act shall
does not be construed to prohibit a
22 municipality from enforcing its local ordinances or from taking
23 any other appropriate action to protect the public
health,
24 safety, or welfare as authorized by law or its charter.
25 (3) A municipality may impose a civil fine of not more than
26 $100.00 against a person that is not in compliance with the
27 licensure requirements of this act.
1 Enacting section 1. Section 49 of the mobile home
2 commission act, 1987 PA 96, MCL 125.2349, is repealed.