Register February 2012 No. 674
Chapter ATCP 125
MOBILE HOME PARKS
ATCP 125.02 Tie-in sales; separate or discriminatory charges.
ATCP 125.03 Rental agreement; requirements.
ATCP 125.04 Rental agreement; limitations.
ATCP 125.05 Changes in rental terms or park rules.
ATCP 125.06 Sale of mobile home; transfer of tenancy.
ATCP 125.07 Mobile home relocation.
ATCP 125.08 Termination of tenancy.
ATCP 125.09 Prohibited practices; general.
Ch. ATCP 125 Note
Note: Chapter Ag 125 as it existed on May 31, 1976 was repealed and a new chapter Ag 125 was created effective June 1, 1976; Chapter Ag 125 was renumbered chapter ATCP 125 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448.
Ch. ATCP 125 Note
Note: This chapter is adopted under authority of s.
100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s.
100.20 (6),
100.26 (3) or
(6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s.
100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys' fees.
Ch. ATCP 125 Note
Note: Landlord-tenant relationships in mobile home parks are subject to ch.
704 and s.
710.15, Stats., this chapter and ch.
ATCP 134, (Residential Rental Practices). Trade practices related to certain sales of mobile homes are subject to ch.
Trans 141, (Manufactured Home Retailer Trade Practices, Facilities and Records).
ATCP 125.01
ATCP 125.01
Definitions. As used in this chapter:
ATCP 125.01(1)
(1) "Mobile home" means a unit designed to be towed or transported and used as a residential dwelling, but does not include a unit used primarily for camping, touring, or recreational purposes.
ATCP 125.01(2)
(2) "Mobile home park" means any tract of land containing 2 or more sites.
ATCP 125.01(3)
(3) "Operator" means any person engaged in the business of renting sites in a mobile home park to tenants. "Operator" includes officers, representatives, agents and employees.
ATCP 125.01(4)
(4) "Person" means any individual, corporation, partnership, association, business organization or entity.
ATCP 125.01(5)
(5) "Rental agreement" means an agreement between an operator and a tenant for the rental of a site.
ATCP 125.01(6)
(6) "Security deposit" means the total of all payments and deposits given by a tenant to the operator as security for the performance of the tenant's obligations, and includes all rent payments in excess of one month's prepaid rent.
ATCP 125.01(7)
(7) "Site" means any plot of land which is rented or offered for rental for the accommodation of a mobile home used for residential purposes. It does not include a plot of land rented for the accommodation of a mobile home which is:
ATCP 125.01(8)
(8) "Television service" means the transmission of television signals through a system in which television broadcast signals are received by an antenna, satellite dish or other device and transmitted to mobile homes in the mobile home park through coaxial cable or other means. "Television service" does not include the reception of television signals through an antenna or satellite dish owned by a tenant.
ATCP 125.01(9)
(9) "Tenant" means any person renting a site from an operator.
ATCP 125.01(10)(b)
(b) Liquified petroleum gas other than liquified petroleum gas in portable containers;
ATCP 125.01(10)(c)
(c) Fuel oil supplied through a permanent central system in the mobile home park; and
ATCP 125.01 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.02 and am., cr. (intro.), (6) and (8),
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.02
ATCP 125.02
Tie-in sales; separate or discriminatory charges. No operator shall:
ATCP 125.02(1)
(1) Require, as a condition to the rental of any site, the purchase of a mobile home from the operator or any dealer, manufacturer, or agent named by the operator.
ATCP 125.02(2)
(2) Represent to any person that the purchase of a mobile home from the operator or any dealer, manufacturer, or agent named by the operator will give the purchaser an advantage over others in the rental or continued occupancy of a site.
ATCP 125.02(3)
(3) Discriminate or threaten to discriminate in rental charges or in any other respect against a tenant for failure of the tenant to purchase a mobile home from the operator or any dealer, manufacturer, or agent named by the operator.
ATCP 125.02(4)
(4) Solicit or receive any payment or other thing of value from any seller of a mobile home for agreeing to rent a site to the purchaser of such mobile home.
ATCP 125.02(5)
(5) Solicit or receive any payment or other thing of value from any person upon the representation or understanding that such consideration will give that person an advantage over others in the rental or continued occupancy of a site.
ATCP 125.02(6)
(6) Use a mobile home site to display a mobile home offered for sale, or rent a site to a mobile home dealer for purposes other than accommodation of a mobile home occupied as a residence, if the use or rental of the site results in there being no site in the mobile home park available to a prospective tenant who does not purchase a mobile home from the operator or renting dealer.
ATCP 125.02 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.02 and cr. (6),
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.03
ATCP 125.03
Rental agreement; requirements. ATCP 125.03(1)(1) Every rental agreement shall be in writing. A copy of the rental agreement shall be furnished to the tenant at the time the rental agreement is executed. If a mobile home is purchased from or through the operator, a copy of the rental agreement shall be furnished to the tenant before the tenant signs the mobile home purchase contract. The rental agreement shall conspicuously set forth all terms and conditions affecting the rental of the site, and shall include:
ATCP 125.03(1)(a)
(a) The amount of rent for each rent paying period and all property, services and facilities provided by the operator and included in the rent.
ATCP 125.03(1)(b)
(b) The amount of any security deposit, installation charge, or other charge payable by the tenant under the rental agreement but not included in the rent, including charges for utility services provided through the operator's facilities. If utility service charges are based on the amount of utility service used, the rental agreement shall set forth either the specific rate or the method by which the charges are to be computed.
ATCP 125.03(1)(c)
(c) Rules and regulations shall be included in or attached to the main body of the rental agreement.
ATCP 125.03(1)(e)
(e) The amount of the monthly mobile home parking fee assessed by local units of government and payable by the tenant. If the monthly fee is not known, an approximation shall be given.
ATCP 125.03(1)(f)
(f) A notice that the operator reserves the right to screen the purchaser of a tenant's mobile home before renting a mobile home site to the purchaser, subject to s.
710.15, Stats.
ATCP 125.03(1)(g)
(g) A disclosure as to whether the mobile home park contains an emergency shelter, and, if the park has an emergency shelter, the location of the emergency shelter and procedures for its use.
ATCP 125.03 Note
Note: Under s.
710.15 (5m), Stats., an operator may terminate a tenancy if the tenant refuses to sign a rental agreement.
ATCP 125.03(2)
(2) The initial, and each succeeding rental agreement shall be for a term of no less than one year, unless a shorter term is requested in writing by the tenant and agreed to by the operator. Under any agreement for a rental term of 2 months or more, rental payments shall, at the option of the tenant, be payable in equal monthly installments.
ATCP 125.03(3)
(3) The operator shall, at the time the rental agreement is entered into, and throughout the term of the rental agreement, make available to the tenant the name, address, and telephone number of a person who may be contacted concerning the maintenance of facilities and services provided by the operator. Such information shall be included in the tenant's copy of the rental agreement or in a separate written notice furnished to the tenant.
ATCP 125.03(4)
(4) Rent and other charges under the rental agreement may not be increased during the term of the rental agreement. This subsection does not apply to:
ATCP 125.03(4)(a)
(a) Mobile home parking fees assessed by local units of government.
ATCP 125.03(4)(b)
(b) Charges for utility services delivered and billed directly to the tenant by a public utility or other outside source.
ATCP 125.03(4)(c)
(c) Charges for utility services purchased by the operator and delivered and billed to the tenant by the operator but not included in the rent, if the increase is solely to cover an increase in charges to the operator by the supplier of the utility service.
ATCP 125.03 Note
Note: The treatment of ATCP 125.03, as renumbered, shall first apply to rental agreements entered into or renewed after March 1, 1987. Renewal of a rental agreement includes the continuation of a month-to-month or other periodic tenancy after the rental period during which the rules become effective.
ATCP 125.03 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.04 and r. (1) (c), am. (1) (intro.), (b) and (2), renum. (1) (d), (e) and (f) to be (1) (c), (d) and (e) and am. (1) (c), cr. (1) (f), (g) and (4),
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.04(1)(1)
Entrance and exit fees. No operator may charge an entrance fee or exit fee in return for allowing the movement of a mobile home into or out of a mobile home park. This subsection does not apply to:
ATCP 125.04(1)(a)
(a) Periodic payments for the rental of a site, pursuant to the rental agreement.
ATCP 125.04(1)(b)
(b) A security deposit not exceeding the amount of 3 months' rent or $350, whichever is less.
ATCP 125.04(1)(c)
(c) Material and labor costs incurred by the operator to move a tenant's mobile home into or out of the mobile home park, to install the mobile home on a site or remove it from a site, or to connect or disconnect utility services. The amount of any charges, or the basis upon which charges are to be calculated, shall be clearly set forth in the rental agreement.
ATCP 125.04(2)
(2) Restrictions on choice of vendors. No operator may restrict the choice of vendors from whom a tenant may purchase goods or services. This subsection does not apply to:
ATCP 125.04(2)(b)
(b) Services provided by the operator in the installation of a mobile home on a site, or in the removal of a mobile home from a site, pursuant to
sub. (1) (c).
ATCP 125.04(2)(c)
(c) Snow removal, lawn care, or similar site maintenance services performed by the operator upon the failure of a tenant to fulfill the tenant's site maintenance obligations under the rental agreement. No charges may be imposed for site maintenance services performed by the operator under this paragraph unless the tenant, if available, is given prior notice and a reasonable opportunity to perform the tenant's obligations under the rental agreement. Charges for site maintenance services shall be set forth in the rental agreement.
ATCP 125.04(2)(d)
(d) Services involving the transportation of a mobile home to or from a site within the mobile home park, if the operator can show that the person providing the service has damaged the park during a previous move and failed to compensate the operator for the damages.
ATCP 125.04(2)(e)
(e) A nondiscriminatory prohibition against sales solicitations within the mobile home park.
ATCP 125.04(3)(a)(a) Charges for a utility service provided through the operator's facilities, if not included in the rent, shall be based on the amount of the utility service used by tenants. Charges for television service provided through the operator's facilities may be assessed in the form of a uniform charge to subscribing tenants, subject to
par. (b). Charges, or the method of computing charges for utility services provided through the operator's facilities shall be set forth in the rental agreement under
s. ATCP 125.03 (1) (b).
ATCP 125.04(3)(b)
(b) If television service is provided by the operator but not included in the rent, the operator may not limit a tenant's access to television service provided by an outside source.
ATCP 125.04 Note
Note: This paragraph is not intended to deny to an operator any right which the operator may have to compensation from a cable television company for easements or other use of the operator's property.
ATCP 125.04(3)(c)
(c) Charges for utility services provided through the operator's facilities, if based on amounts used, shall be periodically invoiced in writing to tenants. Invoices shall specify both the charge and the amount of the utility service used.
ATCP 125.04(3)(d)
(d) Charges for utility services provided through the operator's facilities, if not included in the rent, shall be competitive with retail prices charged for the same or equivalent services by public utilities or other local sources. If a utility service is provided directly to tenants by a public utility or other outside source, no additional charge may be assessed for the service by the operator.
ATCP 125.04 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; r. and recr.
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.05
ATCP 125.05
Changes in rental terms or park rules. ATCP 125.05(1)(1) If any change or increase in rent or fees, or any other substantial change in the terms or conditions of tenancy is to be made in connection with the renewal of any rental agreement, a copy of the proposed new agreement, or amendments to the existing agreement, shall be furnished to the tenant, in writing, at least 28 days prior to the date on which the proposed new agreement is to take effect. All changes shall be specifically brought to the tenant's attention by a separate statement on the proposed rental agreement or in a separate written document attached to the rental agreement. The operator or a representative of the operator shall meet with tenants, or any group of tenants, on the proposed changes, at their request. Nothing in this section shall be construed as interfering with the operator's right to terminate any tenancy in accordance with s.
710.15 and
ch. 704, Stats., and
s. ATCP 125.09, if the tenant declines to accept the proposed new agreement.
ATCP 125.05(2)
(2) Rules and regulations which substantially affect the rights or duties of tenants or the operator under s.
710.15, Stats., or this chapter may not be created or changed during the term of the rental agreement. This includes but is not limited to:
ATCP 125.05(2)(a)
(a) Rules setting standards and requirements for skirting, weatherproofing or frostproofing, and auxiliary buildings or sheds.
ATCP 125.05(2)(b)
(b) Rules limiting occupancy of mobile homes with respect to the number or age of occupants.
