June 4, 2003, Introduced by Senator GARCIA and referred to the Committee on Local, Urban and State Affairs.
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 U.S.C. 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 members appointed by the
5 governor with the advice and consent of the senate, each of whom
6 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 manufactured
home residents.
11 (b) A representative of financial institutions.
12 (c) Two Three
operators of a licensed mobile manufactured
13 home park. having
100 or more sites and 1 operator of a licensed
14 mobile home park
having less than 100 sites.
15 (d) A
representative of organized labor.
16 (d) (e) An
Two locally elected official of a local
17 government officials.
18 (e) (f) A
licensed mobile manufactured home dealer.
19 (f) (g)
One resident Two residents of a licensed mobile
20 manufactured home park.
having 100 or more sites and 1 resident
21 of a licensed mobile
home park having less than 100 sites.
22 (g) (h) A
manufacturer of mobile manufactured homes.
23 (4) A person appointed to be a member under
24 subsection (3)(a), (d), (e),
(g) or (f), or a member of that
25 person's immediate family shall not have more than a 1% ownership
26 interest in or income
benefit from a manufacturer of mobile
27 manufactured homes, a
retail seller of mobile manufactured
1 homes, a licensed mobile
manufactured home park, or a supplier
2 of ancillary products or
services to the mobile manufactured
3 home industry.
4 (5) The term of each member shall be for 3 years. A vacancy
5 in the office of a member shall be filled by the governor for the
6 remainder of the unexpired term, not more than 1 month after the
7 vacancy is created, in the same manner as the original
8 appointment.
9 (6) The per diem compensation of the commission and the
10 schedule for reimbursement of expenses shall be established
11 annually by the legislature.
12 (7) Six members of the commission constitute a quorum for all
13 purposes, notwithstanding the existence of a vacancy in the
14 commission's membership. Action may be taken by the commission
15 by a vote of a majority of the members appointed and serving.
16 Meetings of the commission may be called by the chairperson or by
17 3 members on 3 business days' actual notice. At least 1 meeting
18 shall be held each calendar quarter. The commission may hold
19 meetings anywhere in this state.
20 (8) The commission shall elect a member of the commission as
21 its chairperson and another member as its vice-chairperson. The
22 duties and powers of the
chairperson and vice-chairperson shall
23 be are as prescribed in the commission's rules.
24 (9) A member of the commission may be removed from office by
25 the governor for inefficiency, neglect of duty, or misconduct or
26 malfeasance in office. A member of the commission who has a
27 direct pecuniary interest in a matter before the commission shall
1 disclose that interest before the commission taking action with
2 respect to the matter.
, which The disclosure shall become a
3 part of the record of the commission's official proceedings.
4 Sec. 4. (1) The commission may do all of the following:
5 (a) Promulgate rules to implement and administer this act.
6 (b) Act for the purpose of establishing a uniform policy
7 relating to all phases of
mobile manufactured home businesses,
8 mobile manufactured home parks, and seasonal mobile
9 manufactured home parks.
10 (c) Determine the
sufficiency of local mobile manufactured
11 home ordinances which
that are designed to provide a local
12 governments government with superintending control over
13 mobile manufactured home businesses, mobile manufactured
home
14 parks, or seasonal mobile
homes manufactured home parks.
15 (d) Conduct public hearings relating to the powers prescribed
16 in this subsection.
17 (2) The director of commerce
consumer and industry services
18 or an authorized representative of the director shall do all of
19 the following:
20 (a) Administer the rules promulgated by the commission.
21 (b) Conduct hearings relating to violations of this act or
22 rules promulgated under this act.
23 (c) Make investigations to determine compliance with this act
24 and rules promulgated under this act.
25 (d) Provide assistance to the commission as the commission
26 requires.
27 (3) The commission shall not act for the purpose of
1 regulating mobile manufactured
homes that are not located
2 within a mobile manufactured
home park or a seasonal mobile
3 manufactured home park, except as relates to the business, sales,
4 and service practices of mobile
manufactured home dealers and
5 the business practices of
mobile manufactured home installers
6 and repairers.
7 Sec. 5. (1) The
commission shall promulgate the mobile
8 home manufactured housing code subject to section
4. The code
9 shall consist of rules governing all of the following:
10 (a) The licensure, density, layout, permits for construction,
11 and construction of mobile
manufactured home parks including
12 standards for roads, utilities, open space, or proposed
13 recreational facilities, and safety measures sufficient to
14 protect health, safety,
and welfare of mobile manufactured home
15 park residents. ,
except The rules do not govern water supply,
16 sewage collection and
treatment, and drainage facilities which
17 are regulated by that the department of public health
18 environmental quality regulates.
19 (b) The business,
sales, and service practices of mobile
20 manufactured home dealers.
21 (c) The business
practices of mobile manufactured home
22 installers and repairers.
23 (d) The licensure and
regulations regulation of mobile
24 manufactured home installers and repairers.
25 (e) The setup and
installation of mobile manufactured homes
26 inside mobile manufactured
home parks or seasonal mobile
27 manufactured home parks.
1 (f) The regulation of the responsibilities, under the
2 mobile manufactured home warranty, of the mobile manufactured
3 home components
manufacturer, the mobile manufactured home
4 assembler or
manufacturer, and the mobile manufactured home
5 dealer, including the time period and relationships of each under
6 the warranty, and the remedies available, if any, if the
7 responsible parties cease to operate as a business.
8 (g) Abuses relating to all of the following:
9 (i) Consumer deposits, except utility deposits from consumers
10 who are direct customers of utilities regulated by the Michigan
11 public service commission.
12 (ii) Detailed listing of furnishings and fixtures by a
13 manufacturer of a new mobile
manufactured home or a mobile
14 manufactured home dealer
for a used mobile manufactured home.
15 (iii) Disclosure and delivery of manufacturer's warranties.
16 (iv) Used mobile manufactured homes. A mobile
17 manufactured home dealer shall provide detailed listing of its
18 service records for used mobile
manufactured homes which that
19 are being sold by the
dealer and of which that the dealer has
20 knowledge of.
21 (h) Applications for and issuance of certificates of title
22 for mobile manufactured
homes.
23 (2) As part of the code, the commission shall also promulgate
24 rules governing the licensure, density, layout, permits for
25 construction, and
construction of seasonal mobile manufactured
26 home parks. ,
including The rules shall govern standards for
27 roads, utilities, open space, proposed recreational facilities,
1 and safety measures sufficient to protect the health, safety, and
2 welfare of seasonal mobile
manufactured home park residents. ,
3 except The rules shall not govern water supply,
sewage
4 collection and treatment,
and drainage facilities , which shall
5 be regulated by that the department of public health
6 environmental quality regulates.
7 (3) The In
rules promulgated for seasonal mobile
8 manufactured home parks, the commission may impose a less
9 stringent standard than
the rules promulgated for mobile
10 manufactured home parks.
11 Sec. 6. (1) The
department of public health environmental
12 quality shall promulgate
rules for mobile manufactured home
13 parks and seasonal mobile
manufactured home parks setting forth
14 minimum standards regulating:
15 (a) Water supply system.
16 (b) Sewage collection and disposal system.
17 (c) Drainage.
18 (d) Garbage and rubbish storage and disposal.
19 (e) Insect and rodent control.
20 (f) General operation, maintenance, and safety.
21 (g) Certification of compliance under section 17.
22 (2) Representatives of local government shall act in an
23 advisory capacity in the promulgation of the code.
24 (3) The commission shall consult with appropriate state and
25 local governments in developing the procedures for effective
26 coordination of efforts. The commission shall recommend
27 procedures to the governor and the legislature for coordinating
1 state agency decisions and activities pertaining to this act.
2 Sec. 7. (1) A
local government which proposes a standard
3 related to mobile home
parks or seasonal mobile home parks, or
4 related to mobile
homes located within a mobile home park or a
5 seasonal mobile home
park that is higher than the standard
6 provided in this act
or the code; or a standard related to the
7 business, sales, and
service practices of mobile home dealers, or
8 the business of mobile
home installers and repairers, that is
9 higher than the
standard provided in this act or the code shall
10 file the proposed
standard with the commission. A
local
11 government that proposes 1 or more of the following standards
12 shall file the proposed standard with the commission:
13 (a) A standard related to manufactured home parks or seasonal
14 manufactured home parks, or manufactured homes located within a
15 manufactured home park or a seasonal manufactured home park, that
16 is higher than a standard provided in this act or the code.
17 (b) A standard related to the business, sales, and service
18 practices of manufactured home dealers, or the business of
19 manufactured home installers and repairers, that is higher than
20 the standard provided in this act or the code.
21 (2) The commission may promulgate rules to establish the
22 criteria and procedure
for implementation of a higher standards
23 standard by a local government. The commission shall review and
24 approve the proposed standard unless the standard is
25 unreasonable, arbitrary, or not in the public interest. If the
26 commission does not approve or disapprove the proposed standard
27 within 60 days after it is filed with the commission, the
1 standard shall be
considered is approved unless the local
2 government grants the commission additional time to consider the
3 standard. After the proposed standard is approved, the local
4 government may adopt the standard by ordinance. The ordinance
5 shall must relate to a specific section of the code.
6 (3) (2) A
local government standard related to mobile
7 manufactured homes not
located within a mobile manufactured
8 home park or seasonal mobile
manufactured home park need not be
9 filed with the mobile
home manufactured housing commission,
10 unless the standard relates to the business, sales, and service
11 practices of mobile manufactured
home dealers, or the business
12 of mobile manufactured
home installers and repairers.
13 (4) (3) A
local government ordinance shall not be designed
14 as exclusionary to mobile
manufactured homes generally whether
15 the mobile manufactured
homes are located inside or outside of
16 mobile manufactured home parks or seasonal mobile
17 manufactured home parks.
18 (5) (4) A
local government ordinance shall not contain a
19 standard for the setup or
installation of mobile manufactured
20 homes that is incompatible with, or is more stringent than,
21 either of the following:
22 (a) The manufacturer's recommended setup and installation
23 specifications.
24 (b) The mobile manufactured
home setup and installation
25 standards promulgated by the federal department of housing and
26 urban development pursuant
to under the national manufactured
27 housing construction and safety standards act of 1974, title VI
1 of the housing and community development act of 1974, Public Law
2 93-383, 42 U.S.C. 5401 to 5426.
3 (6) (5) In
the absence of any setup or installation
4 specifications or standards for foundations as set forth in
5 subsection (4)(a) (5)(a)
or (b), the local government standards
6 for site-built housing shall
apply.
7 (7) (6) A
local government ordinance shall not contain roof
8 configuration standards or special use zoning requirements that
9 apply only to, or excludes,
mobile that exclude, manufactured
10 homes. A local government ordinance shall not contain a
11 manufacturing or construction standard that is incompatible with,
12 or is more stringent than, a standard promulgated by the federal
13 department of housing and
urban development pursuant to under
14 the national manufactured housing construction and safety
15 standards act of 1974, title VI of the housing and community
16 development act of 1974, Public Law 93-383, 42 U.S.C. 5401 to
17 5426. A local government ordinance may include reasonable
18 standards relating to mobile
homes a manufactured home located
19 outside of mobile a
manufactured home parks park or a
20 seasonal mobile manufactured
home parks which ensure park
21 that ensures that mobile
homes compare a manufactured home
22 compares aesthetically to site-built housing located or allowed
23 in the same residential zone.
24 Sec. 11. (1) A
person who desires to develop a mobile
25 manufactured home park or
a seasonal mobile manufactured home
26 park shall submit a preliminary plan to the appropriate
27 municipality, local health department, county road commission,
1 and county drain commissioner for preliminary approval. The
2 preliminary plan shall include the location, the layout, the
3 general design, and a general description of the project. The
4 preliminary plan shall not include detailed construction plans.
5 (2) The municipality may grant preliminary approval if the
6 proposed mobile manufactured
home park or seasonal mobile
7 manufactured home park conforms to applicable laws and local
8 ordinances not in conflict with this act and laws and ordinances
9 relative to all of the following:
10 (a) Land use and zoning.
11 (b) Municipal water supply, sewage service, and drainage.
12 (c) Compliance with local fire ordinances and state fire
13 laws.
14 (3) The county drain commissioner shall review and may
15 approve outlet drainage. The county road commission shall review
16 and may approve ingress and egress roads. The county road
17 commission and the county drain commissioner shall adopt and
18 publish standards to implement this subsection. The county road
19 commission and the county
drain commissioner shall do not have
20 authority as to interior
streets and drainage in the mobile
21 manufactured home park or
seasonal mobile manufactured home
22 park, unless the streets or drains are dedicated to the public.
23 (4) The local health department shall grant preliminary
24 approval, under the
guidance of the department of public health,
25 for on-site water and
sewage service and environmental
quality,
26 for general site suitability.
27 (5) If a reviewing agency as provided in this section has not
1 returned the preliminary plan to the developer, either approved,
2 modified, or disapproved within 60 days after it receives the
3 preliminary plan, the
preliminary plan shall be is considered
4 approved.
5 (6) Coordination of approvals
approval by state and local
6 governments shall be
provided by the director of public health
7 the department of environmental quality before it the
8 department of environmental quality may grant construction
9 approval.
10 (7) The developer shall submit the preliminary approval with
11 the final plans to the
department of public health
12 environmental quality for
review before the department of
13 commerce may issue a construction permit.
14 (8) If the municipality's system for water supply and sewage
15 service is established and accessible, the manufactured home park
16 developer or seasonal manufactured home park developer is
17 required to utilize that system. If the municipality establishes
18 a system for water supply or sewage service after the
19 manufactured home park or seasonal manufactured home park is
20 constructed, the manufactured home park or seasonal manufactured
21 home park is required to utilize the municipality's system only
22 if the park makes a substantial change to its system. This
23 subsection applies only to a manufactured home park or a seasonal
24 manufactured home park constructed after January 1, 2004.
25 Sec. 12. (1) When all preliminary approvals are made, the
26 developer shall submit the legal documents and the final plans
27 draft to the department.
1 (2) The department shall review the filing and, within
2 90 days after filing, issue its approval or disapproval. Upon
3 the approval of all the reviewing agencies, the department shall
4 issue a permit to
construct the mobile manufactured home park
5 or seasonal mobile manufactured
home park.
6 Sec. 13. (1) A
person shall not construct a mobile
7 manufactured home park or
seasonal mobile manufactured home
8 park without obtaining a permit 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 or seasonal mobile
13 manufactured home park, the owner or operator of the park and a
14 registered licensed professional engineer or architect
shall
15 file with the department an affidavit certifying that the
16 mobile manufactured home park or seasonal mobile manufactured
17 home park, lot, and work were completed in accordance with the
18 approved specifications and plans.
19 Sec. 16. (1) A
person shall not operate a mobile
20 manufactured home park or
seasonal mobile manufactured home
21 park without a license.
22 (2) Upon completion, review, and approval of certifications,
23 the department shall
grant a license to operate a mobile
24 manufactured home park or
seasonal mobile manufactured home
25 park.
26 (3) An annual license shall be granted and renewed by the
27 department based upon the certifications and recommendations of
1 the appropriate agencies and local governments.
2 (4) If a person submits a timely application for renewal of a
3 license and pays the appropriate fee, the person may continue to
4 operate a mobile manufactured
home park or seasonal mobile
5 manufactured home park unless notified that the application for
6 renewal is not approved.
7 (5) A campground which
that is currently licensed under
8 sections 12501 to 12516
of the public health code, Act No. 368
9 of the Public Acts of
1978, being sections 333.12501 to 333.12516
10 of the Michigan
Compiled Laws 1978 PA 368, MCL
333.12501 to
11 333.12516, that was previously licensed under the licensing
12 provisions of Act No.
243 of the Public Acts of 1959, being
13 sections 125.1035 to
125.1043 of the Michigan Compiled Laws 1959
14 PA 243, MCL 125.1035 to 125.1043, as a seasonal trailer park, and
15 which that currently meets the seasonal trailer park
16 construction standards
under Act No. 243 of the Public Acts of
17 1959 1959 PA 243, MCL 125.1035 to 125.1043, may
apply for and
18 shall be licensed as a
seasonal mobile manufactured home park
19 under this act if the campground meets all other requirements for
20 licensure under this act
as a seasonal mobile manufactured home
21 park.
22 Sec. 16a. Mobile
Manufactured homes located in a seasonal
23 mobile manufactured home park may be occupied on a
full-time
24 basis from April 1 to October 31, but shall not be occupied for
25 more than 15 consecutive
days in any a 30-day period from
26 November 1 to March 31.
27 Sec. 17. (1) The
department of public health
1 environmental quality or its authorized representative shall
2 conduct an annual physical
inspection of mobile manufactured
3 home parks and seasonal mobile
manufactured home parks in
4 accordance with standards established by the department of
5 public health environmental quality. If the mobile
6 manufactured home park or
seasonal mobile manufactured home
7 park is approved, the
department of public health environmental
8 quality shall issue a certification of compliance to the
9 department of
commerce that the park is licensable.
10 (2) Except for purposes of issuing a license or renewing a
11 license pursuant to under
this act, a local government may not
12 make an inspection unless it has reason to believe that this act,
13 the code, or rules
promulgated pursuant to under this act were
14 violated.
15 Sec. 18. (1) A variance in the design and construction of a
16 mobile manufactured home park or seasonal mobile manufactured
17 home park may be granted upon notice of the request to the local
18 government and the
department of public health environmental
19 quality at the time of
filing with the department. of commerce.
20 If the local government
grants a variance which that would
21 permit activities violative of the minimum standards of the code,
22 the local government shall file with the department a copy of the
23 variance order and an explanation of the reason for the granting
24 of the order. The department may approve or disapprove the
25 variance or revoke the variance upon notice and hearing.
26 (2) After a public hearing, the department may grant a
27 specific variance to a substantive requirement of the code if the
1 literal application of the substantive requirement would result
2 in an exceptional, practical difficulty to the applicant, and if
3 the specific condition justifying the variance is neither so
4 general nor recurrent in nature as to make an amendment of the
5 code with respect to the condition reasonably practical or
6 desirable.
7 (3) The department may attach in writing a condition in
8 connection with the granting of a variance that in its judgment
9 is necessary to protect the health, safety, and welfare of the
10 people of this state. The variance shall not exceed the minimum
11 necessary to alleviate the exceptional, practical difficulty.
12 (4) A Only
a local government may grant a variance to a
13 local ordinance, zoning
requirement, or local rule. may be
14 granted only by a
local government.
15 (5) A Only
the commission may grant a variance to a rule
16 promulgated under this
act. may be granted only by the
17 commission.
18 Sec. 21. (1) A mobile
manufactured home dealer shall not
19 engage in the retail sale
of a mobile manufactured home without
20 a license.
21 (2) A mobile manufactured
home dealer, mobile
22 manufactured home installer, or repairer may obtain an initial or
23 renewal license by filing with the commission an application
24 together with consent to service of process in a form prescribed
25 by the commission pursuant
according to section 35.
26 (3) An initial or renewal license under this act shall be
27 issued for not more than 1 year. Licenses shall expire on
1 October 1.
2 (4) The annual
license fee for a mobile manufactured home
3 dealer is $150.00 or any
other a lesser amount established
4 pursuant according to section 9(5).
5 (5) The annual
license fee for a mobile manufactured home
6 installer or repairer is
$50.00 or any other a lesser amount
7 established pursuant according
to section 9(5).
8 (6) A licensed mobile
manufactured home dealer, mobile
9 manufactured home installer, or repairer may file an application
10 for the license of a successor, whether or not the successor is
11 then in existence, for the unexpired portion of the year. The
12 commission may grant or deny the application.
13 (7) A licensee who submits a timely application for renewal
14 of a license and pays the appropriate fee may continue sales of
15 mobile manufactured homes unless notified that the
application
16 for renewal is not approved.
17 Sec. 22. The commission may promulgate rules to require a
18 licensed mobile manufactured
home dealer to post a surety bond
19 in an amount up to $10,000.00 for each sales location and may
20 determine conditions of the bond. An appropriate deposit of cash
21 or securities shall be
accepted in lieu of a bond which that is
22 required.
23 Sec. 23. A licensed mobile
manufactured home dealer shall
24 make and keep accounts, and other records as the commission
25 prescribes by rule. The records required shall be preserved for
26 3 years unless the commission otherwise prescribes by rule for
27 particular types of records. If the information contained in a
1 record filed with the commission is or becomes inaccurate or
2 incomplete in any a
material respect, the licensee promptly
3 shall file a correcting amendment.
4 Sec. 24. A mobile
manufactured home dealer shall not do 1
5 or more of the following:
6 (a) Advertise or
represent a mobile manufactured home as
7 other than calendar or model year.
8 (b) Misapply consumer
deposits on a mobile manufactured
9 home or a mobile manufactured
home park.
10 (c) Fail to place deposits, down payments, or similar
11 payments for the purchase
or right to purchase a mobile
12 manufactured home in a separate escrow account subject to return
13 upon cancellation of the purchase order by the prospective
14 purchaser under the rules or orders as the commission promulgates
15 or issues unless the
dealer shall post posts a bond or a
16 deposit of cash or securities for protection of these payments in
17 an amount acceptable to the commission.
18 (d) Fail to disclose
to the department any direct or
19 indirect business relationships with financial and loan
20 institutions, banks, and insurance companies.
21 Sec. 25. (1) The commission shall promulgate rules relating
22 to the responsibility of
the mobile manufactured home dealer,
23 mobile manufactured home installer, and the mobile
24 manufactured home park or
seasonal mobile manufactured home
25 park owner for
installation and setup of a mobile manufactured
26 home.
27 (2) A person licensed
under any 1 or more of the following
1 acts shall not be
required to be licensed as a mobile
2 manufactured home installer and repairer in order to perform work
3 on mobile manufactured
homes for which the person is licensed,
4 unless the work performed also includes the setup, installation,
5 or general repair of mobile
manufactured homes:
6 (a) The electrical
administrative act, Act No. 217 of the
7 Public Acts of 1956,
being sections 338.881 to 338.892 of the
8 Michigan Compiled Laws 1956
PA 217, MCL 338.881 to 338.892.
9 (b) Act No. 266
of the Public Acts of 1929, being sections
10 338.901 to 338.917 of
the Michigan Compiled Laws 2002
PA 733,
11 MCL 338.3511 to 338.3569.
12 (c) The Forbes
mechanical contractors act, Act No. 192 of
13 the Public Acts of
1984, being sections 338.971 to 338.988 of the
14 Michigan Compiled Laws 1984
PA 192, MCL 338.971 to 338.988.
15 (3) The electrical
administrative act, Act No. 217 of the
16 Public Acts of 1956,
being sections 338.881 to 338.892 of the
17 Michigan Compiled Laws 1956
PA 217, MCL 338.881 to 338.892, Act
18 No. 266 of the Public
Acts of 1929, being sections 338.901 to
19 338.917 of the Michigan
Compiled Laws 1929 PA 266, MCL
338.901
20 to 338.917, and the
Forbes mechanical contractors act, Act
21 No. 192 of the Public
Acts of 1984, being sections 338.971 to
22 338.988 of the Michigan
Compiled Laws 1984 PA 192, MCL
338.971
23 to 338.988, shall do
not apply to the setup or installation of
24 a mobile manufactured
home and the following connections or
25 replacement or repair of the following connections, by a licensed
26 mobile manufactured home installer and repairer:
27 (a) Factory-installed electrical wiring, devices, appliances,
1 or appurtenances to available electrical meters or pedestals.
2 (b) Factory-installed piping, fixtures, plumbing appliances,
3 and plumbing appurtenances to sanitary drainage or storm drainage
4 facilities, venting systems, or public or private water supply
5 systems.
6 (c) Factory-installed process piping, heating and cooling
7 equipment, and systems or supply lines to available service
8 meters or mains.
9 Sec. 27. (1) A person shall not, in connection with the
10 offer, sale, purchase, or
rental of a mobile manufactured home,
11 mobile manufactured home site, or related
equipment, relating
12 thereto do either of the following:
13 (a) Employ a devise, scheme, or artifice to defraud.
14 (b) Make an untrue statement of material fact or omit to
15 state a material fact necessary to make the statement not
16 misleading, in the
light of under the circumstances under in
17 which it the
statement is made.
18 (2) A person shall not willfully authorize, direct, or aid in
19 publication, advertisement, distribution, or circulation of a
20 statement or
representation concerning a mobile manufactured
21 home, mobile manufactured
home site, or equipment relating
22 thereto, which that
misrepresents the facts concerning the
23 mobile manufactured home, mobile manufactured
home site, or
24 related equipment.
relating thereto.
25 (3) A person with knowledge that an advertisement, pamphlet,
26 prospectus, or letter
concerning a mobile manufactured home,
27 mobile manufactured home site, or related
equipment relating
1 thereto contains a written statement that is false or
2 fraudulent, shall not issue, circulate, publish, or distribute
3 the advertisement, pamphlet, prospectus, or letter concerning a
4 mobile manufactured home, mobile manufactured
home site, or
5 related equipment.
relating thereto.
6 (4) A person shall
not willfully make any a material
7 misrepresentation in the
sale of a mobile manufactured home,
8 mobile manufactured home site, or related
equipment. relating
9 thereto.
10 Sec. 28. (1) An owner
or operator of a mobile manufactured
11 home park or seasonal mobile
manufactured home park shall not
12 engage, or permit an
employee or agent to engage, in any of the
13 following unfair or deceptive methods, acts, or practices:
14 (a) Directly or indirectly charging or collecting from a
15 person an entrance fee.
16 (b) Requiring a person to directly or indirectly purchase a
17 mobile manufactured home from another person as a
condition of
18 entrance to, or lease or rental
of, a mobile manufactured home
19 park or seasonal mobile
manufactured home park space.
20 (c) Directly or indirectly charging or collecting from a
21 person a refundable or nonrefundable exit fee.
22 (d) Requiring or coercing a person to purchase, rent, or
23 lease goods or services from another person as a condition of
24 any 1 or more of the following:
25 (i) Entering into a park or lease.
26 (ii) Selling a mobile manufactured home
through the park
27 owner or operator, or his or her agent or designee upon leaving a
1 mobile manufactured home park or seasonal mobile manufactured
2 home park.
3 (iii) Renting space in a mobile manufactured
home park or
4 seasonal mobile manufactured
home park.
5 (e) Directly or indirectly charging or collecting from a
6 person money or other thing of value for electric, fuel, or water
7 service without the use of that service by a resident or tenant
8 being first accurately and consistently measured, unless that
9 service is included in the rental charge as an incident of
10 tenancy.
11 (f) Conspiring, combining, agreeing, aiding, or abetting in
12 the employment of a method, act, or practice that violates this
13 act.
14 (g) Renting or
leasing a mobile manufactured home or site
15 in a mobile manufactured
home park or seasonal mobile
16 manufactured home park without offering a written lease.
17 (h) Subject to section 28a, prohibiting a resident from
18 selling his or her mobile
manufactured home on-site for a price
19 determined by that resident, if the purchaser qualifies for
20 tenancy and the mobile
manufactured home meets the conditions
21 of written park rules or regulations. This subdivision does not
22 apply to seasonal mobile
manufactured home parks.
23 (i) Subject to
reasonable mobile manufactured home park or
24 seasonal mobile manufactured
home park rules governing the
25 location, size, and style of exterior television antenna,
26 prohibiting a person from installing or maintaining an exterior
27 television antenna on a mobile
manufactured home within the
1 park unless the mobile
manufactured home park or seasonal
2 mobile manufactured home park provides park
residents, without
3 charge, a central television antenna for UHF-VHF reception.
4 (2) A tenant of a mobile
manufactured home park or seasonal
5 mobile manufactured home park may bring an action on
his or her
6 own behalf for a violation of this section.
7 (3) If the commission has reason to suspect that the owner of
8 a mobile manufactured
home park or seasonal mobile
9 manufactured home park is engaged in conduct that violates
10 existing water utility tariffs or qualifies the owner of a
11 mobile manufactured home park or seasonal mobile manufactured
12 home park for regulation as a water utility, the commission shall
13 promptly send a written report of the alleged violation to the
14 Michigan public service commission.
15 Sec. 28a. (1) Mobile
Manufactured home park rules or
16 regulations may include provisions governing the physical
17 condition of mobile
homes a manufactured home and the aesthetic
18 characteristics of mobile
homes a manufactured home in relation
19 to the mobile manufactured
home park in which they are located,
20 subject to all of the following:
21 (a) The age or size
of a mobile manufactured home shall not
22 be used as the sole basis for refusing to allow an on-site,
23 in-park sale or for
refusing to allow the mobile manufactured
24 home to remain on-site. The burden of going forward in a suit
25 against the mobile manufactured
home park owner or operator for
26 violation of this subdivision is on the resident.
27 (b) The standards incorporated in the written park rules or
1 regulations governing the physical condition and aesthetic
2 characteristics of mobile
homes a manufactured home in the
3 mobile manufactured home park shall apply applies
equally to
4 all residents.
5 (c) A mobile manufactured
home sold on-site shall conform
6 with Act No. 133 of
the Public Acts of 1974, being sections
7 125.771 to 125.774 of
the Michigan Compiled Laws 1974
PA 133,
8 MCL 125.771 to 125.774.
9 (d) Any A
charge connected to the on-site, in-park sale of
10 a mobile manufactured
home, other than the inspection fee
11 permitted under subdivision (e) and the commission or fee charged
12 by a mobile manufactured
home dealer licensed under this act
13 who is engaged by the seller to transact the sale, is considered
14 an entrance or exit fee in violation of section 28.
15 (e) A park owner or operator may charge a reasonable fee to
16 inspect the mobile manufactured
home before sale. The charge
17 shall not be more than $30.00, or the amount charged for building
18 permit inspections by the
municipality in which the mobile
19 manufactured home is located, whichever is higher.
20 (f) The standards
governing the physical condition of mobile
21 homes a manufactured home and the aesthetic
characteristics of
22 mobile homes a manufactured home in the mobile manufactured
23 home park, as incorporated in the written park rules, shall not
24 be designed to defeat the intent of this section.
25 (2) Subsection (1)(f)
shall does not apply if the mobile
26 manufactured home park is changing its method of doing business
27 and provides not less than 1 year's notice, unless a different
1 notice period is otherwise provided by law, of the proposed
2 change to all affected mobile
manufactured home park
3 residents. A change in a
mobile manufactured home park's
4 method of doing business
includes, but is not limited to, any 1
5 or more of the following:
6 (a) Conversion to a mobile
manufactured home park
7 condominium pursuant according
to the condominium act, Act
8 No. 59 of the Public
Acts of 1978, being sections 559.101 to
9 559.275 of the Michigan
Compiled Laws 1978 PA 59, MCL
559.101 to
10 559.276.
11 (b) Conversion to
total rental of both mobile manufactured
12 home site and park-owned mobile
manufactured homes.
13 (c) Changes in use of
the land on which the mobile
14 manufactured home park is located.
15 (3) Notwithstanding
subsection (1) or (2), a mobile
16 manufactured home park
may require a mobile manufactured home
17 to be moved to a
comparable site within the mobile manufactured
18 home park, at the expense
of the mobile manufactured home
19 park.
20 (4) If, after termination of a resident's tenancy for just
21 cause as provided in chapter 57a of the revised judicature act of
22 1961, Act No. 236 of
the Public Acts of 1961, being sections
23 600.5771 to 600.5785
of the Michigan Compiled Laws 1961
PA 236,
24 MCL 600.5771 to 600.5785,
the resident of a mobile manufactured
25 home park sells his or
her mobile manufactured home to the
26 owner or operator of the mobile
manufactured home park, or to
27 any an entity in which the owner or operator has any
an
1 interest, the resident shall
have has the right to have the
2 mobile manufactured home's value appraised and, if so
3 appraised, the sale price
of the mobile manufactured home shall
4 not be less than the appraised value.
5 (5) Except as
provided in subsection (1)(a), a mobile
6 manufactured home park owner or operator, or both, has the burden
7 of going forward to show compliance with subsection (1).
8 Sec. 28b. A mobile
manufactured home park rule that does
9 either of the following shall not be enforced against a resident,
10 unless the rule was proposed and in force before the resident was
11 approved for tenancy in
the mobile manufactured home park:
12 (a) Prohibits those children who were previously approved
13 under prior park rules
from residing in the mobile manufactured
14 home park. A rule prohibiting children, or additional children,
15 shall not be enforced against persons who were residents of the
16 mobile manufactured home park at the time the rule
was adopted
17 until after 1 year's notice to those persons.
18 (b) Prohibits a
resident from keeping those pets which that
19 were previously approved under prior park rules, except dangerous
20 animals.
21 Sec. 28c. (1) A lease or rental agreement or rules or
22 regulations that are
adopted pursuant according to a lease or
23 rental agreement may include a provision that requires liquidated
24 damages to be awarded to the prevailing party in a contested
25 action to terminate a
tenancy in a mobile manufactured home
26 park for just cause under section 5775 of the revised judicature
27 act of 1961, Act No.
236 of the Public Acts of 1961, being
1 section 600.5775 of
the Michigan Compiled Laws 1961
PA 236,
2 MCL 600.5775.
3 (2) A provision allowed under subsection (1) may require
4 liquidated damages of not more than $500.00 for an action in the
5 district court and not more than $300.00 for each appellate
6 level. Liquidated damages shall not be construed to be a
7 penalty.
8 Sec. 29. (1) A utility company shall notify the department
9 10 days before shutoff of service for nonpayment, including
10 sewer, water, gas, or electric service, when the service is being
11 supplied to the licensed
owner or operator of a mobile
12 manufactured home park or
seasonal mobile manufactured home
13 park for the use and benefit of the park's tenants.
14 (2) A municipality shall not charge a manufactured home park
15 or a seasonal manufactured home park more to provide a water
16 supply system or sewage service than the amount the municipality
17 charges other customers to provide the same type of service.
18 Sec. 30. (1) After December 31, 1978,
every mobile
19 manufactured home located
in this state shall be is subject to
20 the certificate of title
provisions of this act, except for any
21 a new mobile manufactured
home owned by a manufacturer or
22 licensed mobile manufactured
home dealer and held for sale.
23 (2) After December 31, 1978, a certificate of title for a
24 mobile manufactured home issued by the secretary of
state
25 before January 1, 1979, pursuant
according to Act No. 300 of
26 the Public Acts of
1949, being sections 257.1 to 257.923 of the
27 Michigan Compiled Laws
shall be the Michigan
vehicle code, 1949
1 PA 300, MCL 257.1 to 257.923,
is considered to be a certificate
2 of title issued by the
department under this act and shall be
3 is subject to all of the
provisions of this act respecting
4 regarding certificates of title.
5 (3) After December 31, 1978, a mobile
manufactured home
6 shall not be sold or transferred except by transfer of the
7 certificate of title for
the mobile manufactured home pursuant
8 to under this act.
9 Sec. 30a. (1) An
owner of a mobile manufactured home
10 which that is subject to the certificate of title
provisions of
11 this act shall make
application apply to the department for the
12 issuance of a certificate
of title for the mobile manufactured
13 home upon the appropriate form furnished by the department,
14 accompanied by a fee of
$45.00 or any a lesser amount
15 established pursuant according
to section 9(5). The
16 application shall bear the signature of the owner written in ink,
17 shall be acknowledged by the owner before a person authorized to
18 take acknowledgments, and shall contain all of the following:
19 (a) The name and address of the owner.
20 (b) A description of
the mobile manufactured home,
21 including the name of the manufacturer, the year and model, and
22 the manufacturer's serial number or, in the absence of a serial
23 number, a number assigned by the department. A number assigned
24 by the department shall
be permanently placed on the mobile
25 manufactured home in the manner and place designated by the
26 department.
27 (c) A statement of the names and addresses of the holders of
1 any security interests in the mobile manufactured
home, in
2 the order of their priority.
3 (d) Further information as may reasonably be required by the
4 department to enable it to determine whether the owner of the
5 mobile manufactured home is entitled to a certificate
of title
6 for the mobile manufactured
home.
7 (2) If the department is not satisfied as to the ownership of
8 the mobile manufactured
home, before issuing a certificate of
9 title for it, the department may require the applicant to file a
10 properly executed surety bond in a form prescribed by the
11 department, executed by the applicant and a company authorized to
12 conduct a surety business in this state. The bond shall be in an
13 amount equal to twice the
value of the mobile manufactured home
14 as determined by the department and shall be conditioned to
15 indemnify or reimburse
the department, any a prior owner, any
16 a holder of a security
interest in the mobile manufactured
17 home, and any a
subsequent purchaser of the mobile
18 manufactured home, and their successors in interest, against
19 any expense, loss, or damage, including reasonable
attorney's
20 fees, by reason of the issuance of a certificate of title to the
21 mobile manufactured home or on account of any a
defect in the
22 right, title, or interest
of the applicant in and to the mobile
23 manufactured home. Each interested person has a right of action
24 to recover on the bond for a breach of its conditions, but the
25 aggregate liability of
the surety to all persons shall does not
26 exceed the amount of the bond. The bond shall be returned at the
27 end of 5 years, or before 5 years if the currently valid
1 certificate of title is surrendered to the department, unless the
2 department has received
notification of the pendency of that an
3 action is pending to recover on the bond.
4 (3) The department shall examine and determine the
5 genuineness, regularity, and legality of an application for a
6 certificate of title for
a mobile manufactured home and of any
7 other application
lawfully made to the department. , and The
8 department may in all
cases make investigation investigate or
9 require additional
information as may be considered it
10 considers necessary.
, and The department shall reject any an
11 application if not satisfied of the genuineness, regularity, or
12 legality of it or the
truth of any a statement contained in it,
13 or for any other reason, when authorized by law.
14 (4) The fee for obtaining a duplicate, replacement, or
15 corrected title, for placing or terminating a lien on the title,
16 or for placing a name on
the title is $15.00 or any other a
17 lesser amount established
pursuant according to section 9(5).
18 Sec. 30b. (1) The department upon receipt of the required
19 application and fees shall issue a certificate of title except as
20 otherwise provided.
21 (2) The certificate
of title shall contain upon on its face
22 the date issued, the name and address of the owner, a description
23 of the mobile manufactured
home as determined by the
24 department, a statement
of all security interests in the mobile
25 manufactured home as set forth in the application, the date on
26 which the application was filed, and other information as the
27 department may require.
1 (3) The certificate
of title shall contain upon on the
2 reverse side forms for assignment of title or interest and
3 warranty of title by the owner with space for notation of
4 security interests in the
mobile manufactured home at the time
5 of a transfer to be signed in ink, and other forms as the
6 department may consider necessary to facilitate the effective
7 administration of this section. The certificate shall bear the
8 seal of the department.
9 (4) The certificate of title shall be mailed or delivered to
10 the owner or other person as the owner may direct in a separate
11 instrument, in the form as
the department shall prescribe the
12 department prescribes.
13 Sec. 30c. (1) If the
owner of a mobile manufactured home
14 transfers or assigns the owner's title or interest to the
15 mobile manufactured home, the owner shall indorse
endorse on
16 the back of the certificate of title an assignment of the
17 mobile manufactured home with warranty of title with
a
18 statement of all security
interests in the mobile manufactured
19 home. , and The
owner shall cause mail or deliver the
20 certificate to be
mailed or delivered to the department or to
21 the purchaser or transferee at the time of the delivery to the
22 purchaser or transferee
of the mobile manufactured home.
23 (2) Upon the delivery
of a mobile manufactured home and the
24 transfer, sale, or assignment of the title or interest in a
25 mobile manufactured home, the effective date of the
transfer of
26 title or interest shall
be is the date of execution of either
27 the application for title or the certificate of title.
1 (3) The purchaser or transferee, unless the purchaser or
2 transferee is a licensed
dealer, shall cause to be presented
3 present to the department the certificate of title accompanied by
4 the 1 of the following applicable fee, as
follows fees:
5 (a) Except as provided in subdivision (b) or (c), $45.00.
6 (b) Except as provided in subdivision (c), $15.00, if the
7 sale, assignment, or other transfer will require the addition or
8 deletion from the
certificate of title of any 1 or more of the
9 following:
10 (i) The owner's spouse.
11 (ii) A person related to the owner within the fourth degree
12 of consanguinity as computed by the civil law method.
13 (iii) A person related to the owner's spouse within the
14 fourth degree of consanguinity as computed by the civil law
15 method.
16 (c) Any other A
lesser amount established pursuant
17 according to section 9(5).
18 (4) Upon presentation of the certificate of title accompanied
19 by the applicable fee, a new certificate of title shall be
20 issued. A certificate of title issued under subsection (3) and
21 this subsection shall be
mailed or delivered to the owner or any
22 other another person as the owner may
direct directs in a
23 separate instrument in a
form as prescribed by the department
24 prescribes.
25 (5) If a security interest is reserved or created at the time
26 of the transfer, the parties shall comply with section 30d.
27 (6) If the transferee
of a mobile manufactured home is a
1 mobile manufactured home dealer who holds the mobile
2 manufactured home for
resale, the dealer shall is not be
3 required to forward the certificate of title to the department,
4 but the dealer shall retain possession of the assigned
5 certificate of title. Upon transfer of the dealer's title or
6 interest to another person, the dealer shall execute and
7 acknowledge an assignment and warranty of title upon the
8 certificate of title and deliver it to the person to whom the
9 transfer is made if the person is a licensed dealer; otherwise,
10 application for a new title shall be made by the transferor as
11 provided in section 30a(1).
12 Sec. 30d. (1) If an owner named in a certificate of title
13 creates a security
interest in the mobile manufactured home
14 described in the certificate, all of the following apply:
15 (a) The owner shall immediately execute an application in the
16 form prescribed by the
department prescribes showing the name
17 and address of the holder of the security interest and deliver
18 the certificate of title, application, and a fee of $1.00
19 together with a copy of
the application which that need not be
20 signed, to the holder of the security interest.
21 (b) The holder of the
security interest shall cause mail or
22 deliver the certificate of title, application, and fee and the
23 copy of the application to
be mailed or delivered to the
24 department.
25 (c) The department shall indicate on the copy of the
26 application the date and place of filing of the application and
27 return the copy to the person presenting it.
1 (d) Upon receipt of the certificate of title, application,
2 and the required fee, the department shall issue a new
3 certificate in the form provided by section 30b setting forth the
4 name and address of each holder of a security interest in the
5 mobile home for which a termination statement has not been filed
6 and the date on which
that the application first stating the
7 security interest was filed, and mail the certificate to the
8 owner.
9 (2) A holder of a security interest may assign, absolutely or
10 otherwise, the security interest to a person other than the owner
11 without affecting the interest of the owner or the validity of
12 the security interest, but a person without notice of the
13 assignment is protected in dealing with the holder of the
14 security interest as the holder of the security interest. The
15 assignee may have the
certificate of title indorsed endorsed
16 with the assignee named as the holder of the security interest by
17 providing the department with a copy of the assignment instrument
18 but the failure of the
assignee to do so shall does not affect
19 the validity of the security interest or the assignment of the
20 security interest.
21 (3) The filing under this section or under section 30a of an
22 application for a certificate of title showing the name and
23 address of the holder of
a security interest in a mobile
24 manufactured home is equivalent to the filing of a financing
25 statement with respect to the security interest under article 9
26 of the uniform commercial
code, Act No. 174 of the Public Acts
27 of 1962, being
sections 440.9101 to 440.9994 of the Michigan
1 Compiled Laws 1962 PA 174, MCL 440.9101 to 440.9994.
2 (4) When If
there is not an outstanding obligation or
3 commitment to make advances, incur obligations, or otherwise give
4 value, secured or to be secured by a security interest in a
5 mobile manufactured home, the secured party shall,
within
6 10 days after satisfaction of the obligation and, in any event
7 within 30 days, execute a termination statement in the form
8 prescribed by the department prescribes and mail or deliver
the
9 termination statement to the owner or other person as the owner
10 may direct. The owner
other than a dealer holding the mobile
11 manufactured home for
resale, shall promptly cause mail or
12 deliver the certificate, all termination statements, and an
13 application for certificate of title accompanied by a fee of
14 $1.00 to be mailed or
delivered to the department. , which
15 The department shall issue a new certificate.
16 Sec. 30e. (1) If the
interest of the owner in a mobile
17 manufactured home is terminated by the enforcement of a security
18 agreement, the transferee of the owner's interest shall promptly
19 mail or deliver to the department the last certificate of title,
20 if the transferee has
possession of possesses it; , an
21 application for a new
certificate in the form prescribed by the
22 department , prescribes;
and an affidavit made by or on behalf
23 of the holder of the security interest so enforced that the
24 mobile manufactured home was repossessed, that the
interest of
25 the owner was lawfully terminated by enforcement of the security
26 agreement, and whether the holder has delivered the last
27 certificate of title to the transferee of the owner's interest,
1 naming the transferee, or if not, the reason delivery was not
2 made and the then location
of the certificate of title so far
3 as known to the holder. If the holder of the security interest
4 succeeds to the interest
of the owner and holds the mobile
5 manufactured home for resale, the holder shall not be required to
6 secure a new certificate of title but, upon transfer to another
7 person, shall promptly mail or deliver to the transferee or to
8 the department the certificate, if in the holder's possession,
9 the affidavit, and other documents required to be sent to the
10 department by the transferee.
11 (2) If the interest
of the owner in a mobile manufactured
12 home is terminated by
sale pursuant to through a levy of
13 execution, attachment, or other process of a court, the
14 transferee of the owner's interest shall promptly mail or deliver
15 to the department the last certificate of title, if the
16 transferee has
possession of possesses it; , an application
17 for a new certificate of
title in the form prescribed by the
18 department prescribes;
and an affidavit, upon a form prescribed
19 by the department prescribes, made by the officer
of the court
20 who conducted the sale,
setting forth the date of the sale, and
21 the name of the purchaser, and whether the officer has delivered
22 the certificate of title
to the purchaser and or, if not, the
23 reason delivery was not
made and the then location of the
24 certificate of title so far as known to the officer.
25 (3) A person holding
a certificate of title where if the
26 interest of the owner named in the certificate has been
27 terminated in the manner provided by subsection (1) or (2) shall
1 mail or deliver the certificate to the department upon its
2 request. The delivery of
the certificate pursuant in response
3 to the request of the department does not affect the rights of
4 the person surrendering the certificate, and the action of the
5 department in issuing a new certificate of title is not
6 conclusive upon any on
the rights of an owner or holder of a
7 security interest named in the old certificate.
8 (4) The department, upon receipt of an application for a new
9 certificate of title by a transferee in the manner provided by
10 subsection (1) or (2), with proof of the transfer, the required
11 fee, and any other
documents required by law, shall issue a new
12 certificate of title in the name of the transferee as owner,
13 setting forth all security interests noted on the last
14 certificate of title as having priority over the security
15 agreement so enforced and shall mail or deliver the new
16 certificate to the owner. If the outstanding certificate of
17 title is not delivered, the department shall make demand for the
18 outstanding certificate of title from the holder.
19 Sec. 30f. The department shall retain and appropriately
20 file every surrendered certificate of title. The file shall be
21 maintained so as to
permit in a manner that permits the tracing
22 of title of the mobile
manufactured home designated in a
23 surrendered certificate for a period of 10 years.
24 Sec. 30g. (1) The department may cancel or refuse to issue
25 a certificate of title if 1 or more of the following apply:
26 (a) If the The
department is satisfied that the certificate
27 of title was fraudulently or erroneously issued.
1 (b) If the 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 The
department determines that the required fee
5 has not been paid and the fee is not paid upon reasonable notice
6 or demand.
7 (d) If the The
department is authorized under any other
8 another provision of this act.
9 (e) Upon receipt
of The department receives notification
10 from another state or foreign country that a certificate of title
11 issued by the department has been surrendered by the owner in
12 conformity with the laws of the other state or foreign country.
13 (f) If it It
is shown by satisfactory evidence that
14 delivery of a mobile manufactured
home in the possession of a
15 dealer was not made to the applicant to whom the certificate was
16 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 that shall further
22 define and distinguish
between the term mobile manufactured
23 home as used in this act and the term trailer coach as used in
24 the Michigan
vehicle code, Act No. 300 of the Public Acts of
25 1949, being sections
257.1 to 257.923 of the Michigan Compiled
26 Laws 1949 PA 300, MCL 257.1 to 257.923.
27 Sec. 31. A person who offers, sells, or purchases a
1 mobile manufactured home or equipment or a mobile
2 manufactured home site in violation of this act or the code may
3 have an action brought against him or her to rescind the
4 transaction and recover damages.
5 Sec. 38. (1) The department may issue an order to show
6 cause why an order imposing sanctions or penalties allowed under
7 this act should not be issued by the commission if the department
8 finds both that
the order is in the public interest , and any
9 1 or more of the following:
10 (a) An application filed pertaining to a license, a
11 disclosure statement, or a related document filed with the
12 department in connection
with a mobile manufactured home
13 license , is
incomplete in any a material respect or contains
14 a statement which that
is false or misleading, in the light of
15 the circumstances under which it is made.
16 (b) A provision of this act, or a rule, order, or condition
17 lawfully imposed under this act, was not complied with or was
18 violated in connection with the offering by the person filing the
19 document; the developer, dealer, or operator; a partner, officer,
20 director, proprietor, or manager of the developer, dealer, or
21 operator; or a person directly or indirectly controlling, or
22 directly controlled by, the developer, dealer, or operator.
23 (c) The project worked or tended to work a fraud or deception
24 or would so operate, or the project would create an unreasonable
25 risk to a
prospective tenants tenant, as defined by rules
26 promulgated by the commission.
27 (d) The developer, dealer, or operator; a partner, officer,
1 director, proprietor, or manager of the developer, dealer, or
2 operator; a person directly or indirectly controlling, or
3 directly controlled by, the developer, dealer, or operator; or a
4 person identified in the
application for a license , or in a
5 disclosure statement ,
was within the past 10 years
6 immediately preceding the date of the order convicted of an
7 offense under this act, or
is the subject of an administrative
8 order issued under this act, or had a civil judgment entered
9 against him or her as a result of a violation of this act or a
10 rule promulgated or order
issued pursuant to under this act,
11 and the department determines that the involvement of the person
12 in the sale or development of the project creates an unreasonable
13 risk to a
prospective tenants tenant or mobile a manufactured
14 home purchasers purchaser.
15 (e) The developer, dealer, or operator; a partner, officer,
16 director, proprietor, or manager of the developer, dealer, or
17 operator; a person directly controlling, or directly controlled
18 by,or indirectly the developer, dealer, or operator; or a person
19 identified in the
application for a license , or in a
20 disclosure statement ,
was convicted of a violation, or was the
21 subject of an administrative order or civil judgment as a result
22 of a violation, of a statute regulating the offering of
23 securities or franchises or licensing or regulating builders,
24 real estate brokers, or real estate salespersons, or was
25 convicted of a
violation of the land sales act, Act No. 286 of
26 the Public Acts of
1972, being sections 565.801 to 565.835 of the
27 Michigan Compiled Laws 1972
PA 286, MCL 565.801 to 565.835, or a
1 rule promulgated or an order issued under that act.
2 (f) The applicant's method of business, construction,
3 development, or sales includes or would include activities
4 which that are illegal.
5 (g) The applicant failed to pay the proper fee.
6 (h) The applicant failed to comply with the state warranty
7 laws.
8 (2) When If
it appears to the department that a person
9 engaged in an act or practice constituting a violation of this
10 act or a rule promulgated or order issued under this act, the
11 department may issue a notice to show cause why a cease and
12 desist order should not be issued.
13 (3) After 10 days' notice and opportunity for hearing, the
14 department may stop construction as to part or all of a project
15 if continuing the building will cause irreparable harm to
16 residents and prospective residents of the project.
17 Sec. 43. (1) If, after notice and a hearing as provided in
18 the administrative
procedures act of 1969, Act No. 306 of the
19 Public Acts of 1969,
being sections 24.201 to 24.328 of the
20 Michigan Compiled Laws 1969
PA 306, MCL 24.201 to 24.328, a
21 person is determined to have violated this act, the commission
22 may impose 1 or more of the following penalties:
23 (a) Censure.
24 (b) Probation.
25 (c) Placement of a limitation on a license.
26 (d) Suspension of a license. The commission may request the
27 appointment of a receiver when taking action under this
1 subdivision.
2 (e) Revocation of a license. The commission may request the
3 appointment of a receiver when taking action under this
4 subdivision.
5 (f) Denial of a license.
6 (g) A civil fine of not more than $10,000.00.
7 (h) A requirement that restitution be made.
8 (2) A fine collected under this section shall be deposited
9 with the state treasurer
and credited to the mobile home
10 manufactured housing commission fund.
11 (3) This section does not prohibit actions being taken under
12 other sections of this act.
13 (4) The pursuit in court of the lawful rights of a licensee
14 does not constitute a violation of this act, regardless of the
15 outcome of the court action.
16 Enacting section 1. Section 49 of the mobile home
17 commission act, 1987 PA 96, MCL 125.2349, is repealed.