ATCP 125.06 NoteNote: Sections 710.15 (3) and (4), Stats., provide that: ATCP 125.06 Note“(3) Prohibited consideration of age of mobile home or manufactured home. (a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the community solely or in any part on the basis of the age of the mobile home or manufactured home.
ATCP 125.06 Note(b) An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part of the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change.”
ATCP 125.06 Note“(4) Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home. An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or 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 manufactured home. ATCP 125.06(1)(c)(c) Sell, for placement in a manufactured home community owned or operated by the operator, any manufactured home purchased from a tenant who was prohibited from selling the home directly for placement in the manufactured home community. ATCP 125.06(1)(d)(d) Refuse to rent a site to the purchaser of a tenant’s manufactured home except for 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 manufactured 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 manufactured home if the limitation is not applied uniformly to every person, including the operator and any manufactured home dealer, who sells or offers to sell a manufactured home on site in the manufactured home community. 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 HistoryHistory: 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; CR 13-027: am. (title), (1) (a) to (e) Register December 2013 No. 696, eff. 1-1-14. ATCP 125.07(1)(1) No tenant shall be required to relocate a manufactured home within a manufactured home community 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 that 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 HistoryHistory: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.08, Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (title), (1) Register December 2013 No. 696, eff. 1-1-14. 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 operator or tenant proves that other notice requirements under s. 704.17 (1p) or (3), Stats., are applicable. ATCP 125.08 NoteNote: Section 710.15 (5m), Stats., provides that: ATCP 125.08 Note“Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community 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 community 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 community 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 occupant.
ATCP 125.08 Note(em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.
ATCP 125.08 Note(f) The community owner or operator seeks to retire the community permanently from the housing market.
ATCP 125.08 Note(g) The community owner or operator is required to discontinue use of the community for the purpose rented as a result of action taken against the community 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 or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community 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 manufactured home community upon termination of tenancy. ATCP 125.08 HistoryHistory: 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; CR 13-027: am. (1), (3) Register December 2013 No. 696, eff. 1-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755. ATCP 125.09ATCP 125.09 Prohibited practices; general. No operator shall: ATCP 125.09(1)(1) Make any false, deceptive, or misleading representation to induce a manufactured 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 manufactured home community or any of its facilities, or assess any separate charge therefor. This subsection does not prevent the operator from requiring the tenant to install the manufactured home according to applicable installation codes. ATCP 125.09(4)(4) Enter a tenant’s manufactured home without the tenant’s permission and reasonable prior notice to the tenant. This does not prohibit the operator from entering a tenant’s manufactured 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 manufactured home or the manufactured home community. ATCP 125.09 NoteNote: Entry by an operator into a tenant’s manufactured home may be prohibited by other applicable law.
ATCP 125.09 HistoryHistory: 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; CR 13-027: am. (1), (3), (4) Register December 2013 No. 696, eff. 1-1-14.
