Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP Docket # 12-R-06 )
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule revising Chapter
ATCP 125, relating to manufactured home communities – fair trade practices.
DATCP will hold two public hearings at the times and places shown below.
Hearing Information
Date: Friday, Tuesday, April 30, 2013
Time: 2:00 p.m.
Location: First Floor Meeting Room
Marathon County Public Library
300 N 1st Street
Wausau, WI 54403
Date: Wednesday, May 1, 2013
Time: 9:30 a.m.
Location: Conference Room 172
Department of Agriculture, Trade and
Consumer Protection
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by April 23, 2013, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearings, the hearing record will remain open until May 15, 2013, for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, or to
kevin.leroy@wisconsin.gov, or to
http://adminrules.wisconsin.gov.
You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4928 or by emailing
kevin.leroy@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to:
http://adminrules.wisconsin.gov.
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to
keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes interpreted
Statutory Authority
Explanation of statutory authority
DATCP has broad general authority to interpret statutes under its jurisdiction (see s.
93.07 (1), Stats.)
DATCP has authority under s.
100.20 (2) (a), Stats., to promulgate rules forbidding methods of competition or trade practices which the department determines to be unfair, and to prescribe fair methods of competition and trade practices. Section
100.20 (2) (b), Stats., prohibits DATCP from promulgating any rules that regulates the provision of water or sewer service by a manufactured home community operator.
Related statutes and rules
Subchapter
V of Ch. 101, Stats., regulates manufactured homes and mobile homes and establishes licensing programs within the Wisconsin Department of Safety and Professional Services (DSPS) for manufactured home community operators, dealers, installers, salespersons, and manufacturers. This subchapter also establishes the state system for certifying titles of ownership on mobile homes and manufactured homes; and contains a number of requirements and standards related to the homes themselves, water and sewer connections, and standards for manufactured home communities.
Chapter
704, Stats., regulates transactions between landlords and both residential and non-residential tenants. The department does not administer ch.
704. Stats.
Section
710.15, Stats., contains several provisions related to manufactured and mobile home community regulations, including a prohibition against operators considering the age of a mobile home or manufactured home as a determining factor in leasing a lot to that resident.
Chapter
ATCP 134, Wis. Admin. Code, regulates relationships between landlords and tenants in residential rental transactions, including prohibiting a landlord from renting condemned premises and prescribing procedures for handling security deposits.
Chapter
SPS 326, Wis. Admin. Code, regulates standards for manufactured home communities, including the regulation of park operators' delivery and billing of water and sewer services. Chapter
SPS 326 specifies the minimum width of streets and the provision of fire hydrants, and all plans for new manufactured home communities or the expansion of existing manufactured home communities, must be approved by DSPS.
Plain language analysis
Background
Chapter
ATCP 125 was first promulgated as ch. Ag 125 in 1972. At the time, zoning restrictions led to a shortage of mobile home sites in many areas of the state, which inhibited competition and market choice. The rule was promulgated to address unfair trade practices and methods of competition that emerged in the industry. The rule prohibited mobile home park operators from using unfair or deceptive trade practices. It also required that rental contracts be in writing and contain specific disclosures. The rule was revised in 1976 and again in 1987.
Rule content
This rule does all of the following:
•
Updates the existing rule by incorporating and defining “manufactured home" and “manufactured home community." Current definitions applies only to “mobile homes" and “mobile home parks."
•
Repeals the definition “television service" and creates the definition “electronic communication service" which will specify the mechanisms operators are allowed to use, or are prohibited from using, when billing tenants for these services.
•
Amends the definition “utility service" to exclude water and sewer services. Section
100.20 (2) (b), Stats., was created after the promulgation of the current rule, which prohibits DATCP from regulating water and sewer services provided by manufactured home community operators.
•
Updates the phrase “mobile home parking fee assessed by local units of government" with the term “municipal permit fee," as specified under ch.
66, Stats.
•
Repeals outdated and obsolete provisions in the current rule.
Under the current rule, rent and other charges may not be increased during the term of the rental agreement. However, this provision does not apply to “mobile home parking fees" and charges for utility services not included in rent. This rule expands the exceptions to include waste hauling or recycling fees that are assessed by local units of government.
Under the current rule, rental agreements are required to express the amount of rent due in each rent paying period in dollars. Under the proposed rule, if the tenant requests a rental agreement that is three years or greater, the amount of rent due in each rent paying period may be expressed in either a dollar amount or a defined formula based on the consumer price index.
Under the current rule, a rental agreement may not include a security deposit greater than either $350 or three months' rent, whichever is less. This rule updates the maximum security deposit to $750, or two months' rent, whichever is less.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The federal government does not generally regulate manufactured home sales or rental practices. However, Congress did pass the National Manufactured Housing Construction and Safety Standards Act of 1974, which direct the Department of Housing and Urban Development (HUD) to develop regulations; which are now known as the Federal Manufactured Housing Construction and Safety Standards.
Comparison with rules in adjacent states
Illinois statutes contain the Mobile Home Landlord and Tenant Rights Act. Among other things, this act restricts park owners from prohibiting television antennas, requires written leases, allows for temporary occupancy in certain situations, requires park owners to disclose information about rent charged during the last five years and projections for the next three, and restricts park owners' ability to control the sale of mobile homes within the park.
Minnesota administrative code regulates mobile home parks and the methods park owners can use to bill residents for utility costs incurred by the community. For example, rental agreements must be in writing and specify certain terms and conditions related to the location of the lot, amount of rent, services or facilities that the park owner agrees to provide, and the name of any person holding a security interest in the resident's home. Minnesota law prohibits park owners from requiring residents to use the services of a particular dealer or broker when selling their home, or buy goods or services from a particular vendor.
Iowa does not have any laws in place related to mobile or manufactured homes or parks. Iowa legislation was introduced in 2011 to grant mobile home residents rights similar to tenants and proposed to place restrictions on park operators operating as real estate agents. This legislation did not pass.
Michigan has law in place related to mobile home park owners and specifies the rights of a tenant. Park owners are prohibited from charging entrance and exit fees, charging more than 1.5 times the amount of monthly rent as a security deposit and cannot require a person to buy a mobile home from another person as a condition of renting space in that park. Park owners must offer tenants a written lease for one year or more, and provide a copy of rules that govern maintenance, pets, fees, and charges that may be incurred by the tenant. Park owners must keep specific written records for each tenant.
Summary of factual data and analytical methodologies
According to the Department of Safety and Professional Services web page (
www.dsps.wisconsin.gov), there are approximately 1,074 licensed manufactured home communities in Wisconsin, with a total of 52,316 home sites (these statistics are from an on-line listing of licensed manufactured home parks by DSPS (March, 2011)).
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
DATCP anticipates that the economic impact of this rule will be minimal. This rule makes some changes and updates to existing ch.
ATCP 125; but the policy changes from existing rule are generally minor and are not expected to have a significant effect on small business or economic impact.
Effect on small business
The rule impacts manufactured home park operators. Many manufactured home park operators are small businesses. This rule does make minor changes to park operators' duties and responsibilities, but will only have a very minor monetary impact. For more detail on the effect of the proposed rule on small business, see the attached Initial Regulatory Flexibility Analysis.
DATCP Contact
Kevin LeRoy, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, Telephone (608) 224-4928, E-Mail:
kevin.leroy@wisconsin.gov.
Initial Regulatory Flexibility Analysis
Rule summary
This rule does all of the following:
•
Updates the existing rule by incorporating and defining “manufactured home" and “manufactured home community." Current definitions applies only to “mobile homes" and “mobile home parks."
•
Repeals the definition “television service" and creates the definition “electronic communication service" which will specify the mechanisms operators are allowed to use, or are prohibited from using, when billing tenants for these services.
•
Amends the definition “utility service" to exclude water and sewer services. Section
100.20 (2) (b), Stats., was created after the promulgation of the current rule, which prohibits DATCP from regulating water and sewer services provided by manufactured home community operators.
•
Updates the phrase “mobile home parking fee assessed by local units of government" with the term “municipal permit fee," as specified under ch.
66, Stats.
