ATCP 125.06 Note
"(4) PROHIBITED CONSIDERATION OF CHANGE IN OWNERSHIP OR OCCUPANCY OF MOBILE HOME. An operator may not require the removal of a mobile home from a park solely or in any part because the ownership or occupancy of the mobile home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or mobile home occupant for any other lawful reason."
ATCP 125.06(1)(b)
(b) Solicit or receive any payment or other thing of value as a condition to the assignment or sublease of a rental agreement by a tenant, or as a condition to the transfer of tenancy to a buyer of the tenant's mobile home.
ATCP 125.06(1)(c)
(c) Sell, for placement in a mobile home park owned or operated by the operator, any mobile home purchased from a tenant who was prohibited from selling the home directly for placement in the mobile home park.
ATCP 125.06(1)(d)
(d) Refuse to rent a mobile home site to the purchaser of a tenant's mobile home except for a reason specified under s.
710.15 (5m), Stats. This does not prohibit the screening of prospective tenants by an operator.
ATCP 125.06(1)(e)
(e) Limit a tenant's ability to post, on the tenant's mobile home or on the site on which the mobile home is located, a "For Sale" sign or other advertisement announcing the tenant's offer to sell the tenant's mobile home if the limitation is not applied uniformly to every person, including the operator and any mobile home dealer, who sells or offers to sell a mobile home on site in the mobile home park.
ATCP 125.06(2)
(2) This section does not create or extend any interest in real estate, or prohibit the lawful screening of new tenants by the operator.
ATCP 125.06 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.07, renum. (1) and (2) to (1) (a) and (b) and am., cr. (1) (intro.), (c) to (e) and (2), r. (3),
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.07(1)
(1) No tenant shall be required to relocate a mobile home within a park during the term of the rental agreement, or to assume the cost of any required relocation under a new or renewal rental agreement, except in emergency or where the tenant has violated the terms and conditions of the rental agreement. This does not apply to a mobile home which has been vacated by the tenant.
ATCP 125.07(2)
(2) Any required relocation shall, except in emergency, be preceded by written notice setting forth the reason for such relocation. Notice shall be given within the time period required under
ch. 704, Stats., for termination of tenancies.
ATCP 125.07 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.08,
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.08(1)
(1) Whenever an operator terminates any rental agreement or refuses, upon the expiration of a lease, to renew the lease or to enter into a new rental agreement, the operator shall provide the tenant with written notice setting forth the reason for such termination or refusal. Notices of termination shall comply with the requirements of s.
710.15 and
ch. 704, Stats., as applicable. If the rental agreement does not comply with the requirements of
s. ATCP 125.03 (1) (intro.) and
(2), the operator shall comply with the notice requirements of s.
704.17 (2), Stats., when terminating a tenancy, unless the park operator or tenant proves that other notice requirements under s.
704.17 (1) or
(3), Stats., are applicable.
ATCP 125.08 Note
Note: Section
710.15 (5m), Stats., provides that:
ATCP 125.08 Note
"Notwithstanding ss.
704.17 and
704.19, the tenancy of a resident or mobile home occupant in a park may not be terminated, nor may the renewal of the lease be denied by the park operator, except upon any of the following grounds:
ATCP 125.08 Note
(a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the park owner or operator may be liable.
ATCP 125.08 Note
(b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.
ATCP 125.08 Note
(c) Vandalism or commission of waste of the property.
ATCP 125.08 Note
(d) A breach of any term of the lease.
ATCP 125.08 Note
(e) Violation of park rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or mobile home occupant.
ATCP 125.08 Note
(em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes after written notice to cease the violation has been delivered to the resident or mobile home occupant.
ATCP 125.08 Note
(f) The park owner or operator seeks to retire the park permanently from the rental housing market.
ATCP 125.08 Note
(g) The park owner or operator is required to discontinue use of the park for the purpose rented as a result of action taken against the park owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.
ATCP 125.08 Note
(h) The physical condition of the mobile home presents a threat to the health or safety of its occupants or others in the park or, by its physical appearance, disrupts the right to the enjoyment and use of the park by others.
ATCP 125.08 Note
(i) Refusal to sign a lease.
ATCP 125.08 Note
(j) Material misrepresentation in the application for tenancy.
ATCP 125.08 Note
(k) Other good cause."
ATCP 125.08(2)
(2) No operator shall terminate a rental agreement or refuse, upon expiration of a lease, to renew the lease or to enter into a new rental agreement for the reason that:
ATCP 125.08(2)(a)
(a) The tenant has reported a violation, by the operator, of this chapter or any other law to any governmental authority, or filed suit alleging such violation.
ATCP 125.08(2)(c)
(c) The operator wishes to make a site available to a person purchasing a mobile home from the operator or an agent of the operator.
ATCP 125.08(3)
(3) No operator may solicit or receive any payment or other thing of value, except for normal rental payments, in return for permitting a tenant to leave the tenant's mobile home in the park upon termination of tenancy.
ATCP 125.08 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.09 and am. (1) and (3),
Register, February, 1987, No. 374, eff. 3-1-87.
ATCP 125.09
ATCP 125.09
Prohibited practices; general. No operator shall:
ATCP 125.09(1)
(1) Make any false, deceptive, or misleading representation to induce a mobile home sale or site rental, or make any representation inconsistent with or contrary to the written rental agreement.
ATCP 125.09(2)
(2) Impose any term or condition, or any rule or regulation which the operator knows or reasonably ought to know is in conflict with this chapter or other applicable law.
ATCP 125.09(3)
(3) Require any tenant to make permanent improvements to the mobile home park or any of its facilities, or assess any separate charge therefor.
ATCP 125.09(4)
(4) Enter a tenant's mobile home without the tenant's permission and reasonable prior notice to the tenant. This does not prohibit the operator from entering a tenant's mobile home if the tenant cannot be contacted and the operator reasonably believes that entry is necessary because of emergency, or to preserve and protect the mobile home or the park.
ATCP 125.09 Note
Note: Entry by an operator into a tenant's mobile home may be prohibited by other applicable law.
ATCP 125.09 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.10 and r. (4), renum. (5) to be (4) and am.
Register, February, 1987, No. 374, eff. 3-1-87.
