1999 - 2000 LEGISLATURE
February 17, 2000 - Introduced by Representatives Sykora and F. Lasee. Referred
to Committee on Housing.
AB770,1,4 1An Act to renumber 710.15 (1m); to amend 710.15 (1) (a), 710.15 (1) (c), 710.15
2(1) (d), 710.15 (2), 710.15 (4) and 710.15 (5m) (intro.); and to create 710.15 (1m)
3(b) and 710.15 (6) of the statutes; relating to: rentals of mobile homes and
4termination of tenancies in mobile home parks.
Analysis by the Legislative Reference Bureau
Current law contains some provisions that regulate mobile home parks, such
as prohibiting a mobile home park operator from requiring the removal of a mobile
home because of its age and specifying the bases on which a tenancy in a park may
be terminated or not renewed. A "mobile home occupant" is defined as a person who
rents a mobile home in a park from an operator. A "resident" is defined as a person
who rents a mobile home site in a park from an operator. An "operator" is defined
as a person engaged in the business of renting mobile home sites or mobile homes in
a park. Thus, a resident who rents out mobile homes that he or she owns and that
are located on sites that he or she rents from an operator may also be considered an
operator under the statute. This bill changes the definition of "operator" by adding
that an "operator" does not include a resident or a mobile home occupant. The bill
also changes the definition of "mobile home occupant" so that anyone who rents a
mobile home in a park, regardless of whether the home is rented from the operator
or a resident, is a mobile home occupant. In addition, the bill provides that a resident
may not rent out a mobile home that he or she owns in a park unless the operator
approves the rental and is a party to the agreement.

The bill provides that a park owner or operator may require that each mobile
home in a park be occupied only by a person who rents the mobile home from the
operator or a person who owns the mobile home that he or she is occupying. This
provision may not be used to terminate a tenancy but it may be the basis for not
renewing a lease. This provision is also an exception to the current law provision that
prohibits an operator from requiring 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. The bill changes this provision by prohibiting an operator from
requiring the removal of a mobile home from a park, and from refusing to enter into
an initial lease with a prospective resident or mobile home occupant, solely because
the ownership or occupancy of the mobile home has changed or will change. An
operator may, however, refuse to enter into an initial lease, or disapprove a sublease,
for any other lawful reason.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB770, s. 1 1Section 1. 710.15 (1) (a) of the statutes is amended to read:
AB770,2,62 710.15 (1) (a) "Lease" means a written agreement between an operator and a
3resident or, between an operator and a mobile home occupant or among an operator,
4a resident and a mobile home occupant
establishing the terms upon which the mobile
5home may be located in the park or the mobile home occupant may occupy a mobile
6home in the park.
AB770, s. 2 7Section 2. 710.15 (1) (c) of the statutes is amended to read:
AB770,2,98 710.15 (1) (c) "Mobile home occupant" means a person who rents a mobile home
9in a park from an operator.
AB770, s. 3 10Section 3. 710.15 (1) (d) of the statutes is amended to read:
AB770,2,1311 710.15 (1) (d) "Operator" means a person engaged in the business of renting
12plots of ground or mobile homes in a park to mobile home owners or mobile home
13occupants. "Operator" does not include a resident or a mobile home occupant.
AB770, s. 4 14Section 4. 710.15 (1m) of the statutes is renumbered 710.15 (1m) (a).
AB770, s. 5 15Section 5. 710.15 (1m) (b) of the statutes is created to read:
AB770,3,6
1710.15 (1m) (b) A resident may not agree to rent a mobile home in a park to
2a prospective mobile home occupant unless the operator of the park approves the
3rental and is a party to the agreement. Any rental agreement between a resident and
4a mobile home occupant that was entered into before the effective date of this
5paragraph .... [revisor inserts date], may not be renewed unless the operator of the
6park approves the renewal and is made a party to the rental agreement.
AB770, s. 6 7Section 6. 710.15 (2) of the statutes is amended to read:
AB770,3,108 710.15 (2) Rules included in lease. All park rules that substantially affect the
9rights or duties of residents or, mobile home occupants or of operators, including park
10rules under sub. (2m) (b), shall be made a part of every lease between them.
AB770, s. 7 11Section 7. 710.15 (4) of the statutes is amended to read:
AB770,3,1812 710.15 (4) Prohibited consideration of change in ownership or occupancy of
13mobile home.
An Except as provided in sub. (6), an operator may not require the
14removal of a mobile home from a park, or refuse to enter into an initial lease with a
15prospective resident or mobile home occupant,
solely or in any part because the
16ownership or occupancy of the mobile home has changed or will change. An operator
17may, however, refuse to enter into an initial lease with, or disapprove a sublease to,
18a prospective resident or mobile home occupant for any other lawful reason.
AB770, s. 8 19Section 8. 710.15 (5m) (intro.) of the statutes is amended to read:
AB770,3,2420 710.15 (5m) Termination of tenancy or nonrenewal of lease. (intro.)
21Notwithstanding ss. 704.17 and 704.19, and except as provided in sub. (6), the
22tenancy of a resident or mobile home occupant in a park may not be terminated, nor
23may the renewal of the lease be denied by the park operator, except upon any of the
24following grounds:
AB770, s. 9 25Section 9. 710.15 (6) of the statutes is created to read:
AB770,4,2
1710.15 (6) Permitted occupancy requirements. (a) A park owner or operator
2may require that each mobile home in a park be occupied only by any of the following:
AB770,4,43 1. A person who rents, from the operator, a mobile home that is not owned by
4a resident.
AB770,4,55 2. A person who owns the mobile home that he or she is occupying.
AB770,4,86 (b) If a park owner or operator decides to impose a requirement specified in par.
7(a), the requirement may only apply to leases entered into or renewed after the
8decision is made.
AB770, s. 10 9Section 10. Initial applicability.
AB770,4,1310 (1) The treatment of section 710.15 (1) (a), (c) and (d) and (2) of the statutes,
11the renumbering of section 710.15 (1m) of the statutes and the creation of section
12710.15 (1m) (b) of the statutes first apply to leases or rental agreements entered into
13or renewed on the effective date of this subsection.
AB770,4,1414 (End)
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