Connecticut 2025 Regular Session

Connecticut House Bill HB05428 Compare Versions

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56 General Assembly Committee Bill No. 5428
67 January Session, 2025
78 LCO No. 5608
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1011 Referred to Committee on GENERAL LAW
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1314 Introduced by:
1415 (GL)
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1819 AN ACT CONCERNING MOBILE MANUFACTURED HOME PARKS.
1920 Be it enacted by the Senate and House of Representatives in General
2021 Assembly convened:
2122
2223 Section 1. Section 21-64 of the general statutes is repealed and the 1
2324 following is substituted in lieu thereof (Effective October 1, 2025): 2
2425 As used in this chapter: 3
2526 (1) "Ancillary fee" (A) means any payment to be made to the owner 4
2627 under the rental agreement, (B) includes, but is not limited to, any fee 5
2728 imposed to (i) maintain a pet in the dwelling unit or on the premises, or 6
2829 (ii) maintain a washing machine in the dwelling unit, and (C) does not 7
2930 include any rent, security deposit or penalty for late payment of rent; 8
3031 (2) "Consumer price index" means the consumer price index, annual 9
3132 average, for all urban consumers: United States city average, all items, 10
3233 published by the United States Department of Labor, Bureau of Labor 11
3334 Statistics, or its successor, or, if the index is discontinued, an equivalent 12
3435 index published by a federal authority, or, if no such index is published, 13
3536 a comparable index published by the United States Department of 14
36-Labor, Bureau of Labor Statistics; 15 Committee Bill No. 5428
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4143 (3) "Department" means the Department of Consumer Protection; 16
4244 (4) "Dwelling unit" means a mobile manufactured home; 17
4345 (5) "Licensee" means any person licensed to operate and maintain a 18
4446 mobile manufactured home park under the provisions of this chapter; 19
4547 [(1)] (6) "Mobile manufactured home" means a detached residential 20
4648 unit having three-dimensional components which are intrinsically 21
4749 mobile with or without a wheeled chassis or a detached residential unit 22
4850 built on or after June 15, 1976, in accordance with federal manufactured 23
4951 home construction and safety standards, and, in either case, containing 24
5052 sleeping accommodations, a flush toilet, tub or shower bath, kitchen 25
5153 facilities and plumbing and electrical connections for attachment to 26
5254 outside systems, and designed for long-term occupancy and to be 27
5355 placed on rigid supports at the site where it is to be occupied as a 28
5456 residence, complete and ready for occupancy, except for minor and 29
5557 incidental unpacking and assembly operations and connection to 30
5658 utilities systems; 31
5759 [(2)] (7) "Mobile manufactured home park" or "park" means a plot of 32
5860 ground upon which two or more mobile manufactured homes, occupied 33
5961 for residential purposes are located; 34
6062 [(3)] (8) "Mobile manufactured home space or lot" means a plot of 35
6163 ground within a mobile manufactured home park designed for the 36
6264 accommodation of one mobile manufactured home; 37
6365 [(4) "Licensee" means any person licensed to operate and maintain a 38
6466 mobile manufactured home park under the provisions of this chapter; 39
6567 (5) "Resident" means a person who owns, or rents and occupies, a 40
6668 mobile manufactured home in a mobile manufactured home park; 41
6769 (6) "Department" means the Department of Consumer Protection;] 42
6870 [(7)] (9) "Park owner" or "owner" means a licensee or permittee or any 43
69-person who owns, operates or maintains a mobile manufactured home 44 Committee Bill No. 5428
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76+person who owns, operates or maintains a mobile manufactured home 44
7477 park; 45
7578 [(8) "Dwelling unit" means a mobile manufactured home;] 46
7679 [(9)] (10) "Person" means an individual, corporation, limited liability 47
7780 company, the state or any political subdivision thereof, agency, business 48
7881 trust, estate, trust, partnership or association, two or more persons 49
7982 having a joint or common interest, and any other legal or commercial 50
8083 entity; 51
8184 [(10)] (11) "Premises" means a dwelling unit and facilities and 52
8285 appurtenances therein and grounds, areas and facilities held out for the 53
8386 use of residents generally or whose use is promised to the resident; 54
8487 [(11)] (12) "Rent" means all periodic payments to be made to the 55
8588 owner under the rental agreement; 56
8689 [(12)] (13) "Rental agreement" means all agreements, written or oral, 57
8790 and valid rules and regulations adopted under subsection (d) of section 58
8891 21-70, as amended by this act, embodying the terms and conditions 59
8992 concerning the use and occupancy of a dwelling unit or premises; and 60
9093 (14) "Resident" means a person who owns, or rents and occupies, a 61
9194 mobile manufactured home in a mobile manufactured home park. 62
9295 Sec. 2. Section 21-70 of the general statutes is repealed and the 63
9396 following is substituted in lieu thereof (Effective October 1, 2025): 64
9497 (a) The Commissioner of Consumer Protection shall adopt 65
9598 regulations, in accordance with the provisions of chapter 54, providing 66
9699 for a disclosure statement which shall be used by mobile manufactured 67
97100 home park owners. The disclosure statement shall be a plain language 68
98101 summary of the rights and obligations listed in this chapter and shall 69
99102 not add to or diminish the rights and obligations provided by this 70
100103 chapter. Such disclosure statement shall include at least the following 71
101104 information: (1) The monthly rental fee and all considerations payable 72
102-by the resident to the owner, including, but not limited to, any ancillary 73
103-fee; (2) the length of the rental term; (3) the amount of land granted by 74 Committee Bill No. 5428
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110+by the resident to the owner, including, but not limited to, any ancillary 73
111+fee; (2) the length of the rental term; (3) the amount of land granted by 74
108112 the rental agreement; (4) an enumeration of goods and services to be 75
109113 provided to the resident, including those goods and services to be 76
110114 provided free of charge or in exchange for payment of an ancillary fee; 77
111115 (5) notice if the owner plans to terminate the operation of the park 78
112116 during the term of the rental agreement; (6) a statement of conditions to 79
113117 be complied with by the owner and resident in the event of the sale of 80
114118 the mobile manufactured home by the resident, including aesthetic 81
115119 standards for resale, which conditions shall not be altered by the owner 82
116120 after the rental agreement has been entered into; (7) the rights of 83
117121 residents regarding eviction under section 21-80, as amended by this act; 84
118122 (8) the rights of residents regarding the resale of a mobile manufactured 85
119123 home under section 21-79; (9) the rights of residents in the event that 86
120124 alterations of the rules concerning the resident's use and occupancy of 87
121125 the premises under subsection (b) of this section are to be made; (10) 88
122126 notice that outstanding property taxes may be owed on the mobile 89
123127 manufactured home; and (11) notice that there may be liens and other 90
124128 encumbrances on the mobile manufactured home and that the resident 91
125129 or purchaser should check with the town clerk, tax assessor and tax 92
126130 collector to determine whether any taxes are due on the mobile 93
127131 manufactured home and within any liens or encumbrances on the 94
128132 mobile manufactured home exist. Owners shall provide each 95
129133 prospective resident, before any rental agreement is entered into, and 96
130134 each resident, at the time of the first renewal of [his] such resident's 97
131135 rental agreement which occurs after the effective date of the regulations 98
132136 providing for a disclosure statement, with a completed disclosure 99
133137 statement. No rental agreement entered into on or after the effective date 100
134138 of the regulations providing for a disclosure statement shall be 101
135139 enforceable until the requirements of this subsection are met. A copy of 102
136140 such statement shall be signed by the resident at the time of the rental, 103
137141 acknowledging receipt of a completed, signed copy and such 104
138142 completed, signed copy shall be kept on file by the owner for a period 105
139143 of four years after such resident vacates the park. 106
140-(b) No owner may offer a mobile manufactured home or a mobile 107
141-manufactured home space or lot for rent without providing the 108 Committee Bill No. 5428
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149+(b) No owner may offer a mobile manufactured home or a mobile 107
150+manufactured home space or lot for rent without providing the 108
146151 prospective resident with a copy of an initial written rental agreement 109
147152 before the resident occupies such mobile manufactured home or lot. No 110
148153 owner may rent a mobile manufactured home or mobile manufactured 111
149154 home space or lot to a new resident until a written rental agreement has 112
150155 been signed by the resident and the owner. The initial rental agreement 113
151156 and all renewals offered to a prospective resident or resident by the 114
152157 owner shall be in writing. The term of each rental agreement and 115
153158 renewal shall not be less than one year unless the prospective resident 116
154159 or resident requests, in writing, a term for less than one year. If the 117
155160 owner fails to offer the resident a written renewal of a rental agreement, 118
156161 or if the owner offers a renewal but the resident fails or refuses to sign 119
157162 it, unless there is a disagreement as to the amount of the rent, the prior 120
158163 rental agreement shall be deemed to be extended for one year at the then 121
159164 prevailing park rental and the resident shall be bound by all terms of the 122
160165 prior rental agreement and any prevailing park rental adopted after the 123
161166 prior rental and all rules and regulations properly applicable to such 124
162167 prior rental agreement pursuant to subsection (d) of this section. If there 125
163168 is a disagreement as to the amount of the rent, unless the owner 126
164169 terminates the lease and brings an action of summary process, the prior 127
165170 rental agreement shall be deemed to be extended on a month-to-month 128
166171 basis at the last agreed-upon rent, and the resident shall be bound by all 129
167172 terms of the prior rental agreement and all rules and regulations 130
168173 properly applicable to such prior rental agreement pursuant to 131
169174 subsection (d) of this section. In such an event, the owner may bring an 132
170175 action of summary process pursuant to section 21-80, as amended by 133
171176 this act, or the resident may seek relief under section 47a-23c or sections 134
172177 7-148b to 7-148f, inclusive, if applicable. 135
173178 (c) Whenever a resident rents a mobile manufactured home or a 136
174179 mobile manufactured home space or lot in a mobile manufactured home 137
175180 park which is also a common interest community from a declarant, 138
176181 successor declarant or person acting on the declarant's or successor 139
177182 declarant's behalf, such declarant, successor declarant or person shall, 140
178-prior to entering into a rental agreement, provide the resident with a 141
179-written notice that the mobile manufactured home or the mobile 142 Committee Bill No. 5428
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188+prior to entering into a rental agreement, provide the resident with a 141
189+written notice that the mobile manufactured home or the mobile 142
184190 manufactured home space or lot is located in a common interest 143
185191 community. 144
186192 (d) An owner, from time to time, may adopt a rule or regulation, 145
187193 however described, concerning the resident's use and occupancy of the 146
188194 premises. Such rule or regulation shall be enforceable against the 147
189195 resident only if (1) the purpose of the rule or regulation is to promote 148
190196 the convenience, safety or welfare of the residents, preserve the owner's 149
191197 property from abusive use or make a fair distribution of services and 150
192198 facilities held out for the residents generally; (2) such rule or regulation 151
193199 is reasonably related to the purpose for which it is adopted; (3) such rule 152
194200 or regulation applies to all residents on the premises in a fair manner, 153
195201 provided reasonable exemptions may be made for good cause; (4) such 154
196202 rule or regulation is sufficiently explicit in its prohibition, direction or 155
197203 limitation of the resident's conduct to fairly inform him or her of what 156
198204 he or she shall or shall not do to comply; [,] and (5) the resident has 157
199205 written notice of such rule or regulation at the time he or she enters into 158
200206 the rental agreement or when such rule or regulation is adopted. A rule 159
201207 or regulation having the effect of substantially modifying the terms of a 160
202208 rental agreement previously entered into by a resident shall not apply 161
203209 to such rental agreement without the written consent of the resident. 162
204210 (e) Each owner shall file with the Department of Consumer Protection 163
205211 copies of the park's rental agreements, aesthetic standards to be 164
206212 complied with by the owner and resident in the event of the sale of the 165
207213 mobile manufactured home by the resident, and rules or regulations 166
208214 concerning the resident's use and occupancy of the premises. Any 167
209215 change in the documents required to be filed under this subsection, 168
210216 other than a change in rent, shall be filed with the Department of 169
211217 Consumer Protection. No rental agreements, aesthetic standards, or 170
212218 rules or regulations, and no changes in the terms or provisions of such 171
213219 documents, other than a change in rent, shall be effective until such 172
214220 documents or changes are filed with the Department of Consumer 173
215-Protection. 174
216-(f) (1) Any person making an application to appear before any 175 Committee Bill No. 5428
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227+(f) (1) Any person making an application to appear before any 175
221228 municipal, state or federal agency with respect to any matter changing 176
222229 the land use of a specific mobile manufactured home park shall give 177
223230 written notice of the application by first class mail addressed to the 178
224231 affected units of the park or by personal delivery to the units not later 179
225232 than seven days after its filing. The notice shall state the reasons for 180
226233 which the application was filed. 181
227234 (2) Except as otherwise provided in subdivision (5) of this subsection, 182
228235 any mobile manufactured home park owner who intends to discontinue 183
229236 the use of the land as a mobile manufactured home park or to sell land 184
230237 used as a mobile manufactured home park to any person who intends 185
231238 to discontinue its use as a mobile manufactured home park shall give 186
232239 written notice by first class mail addressed to each mobile manufactured 187
233240 home unit or by personal delivery to each unit upon such land if such 188
234241 transaction will entail the discontinuance of the use of the land for 189
235242 mobile manufactured home park purposes. If an owner of a mobile 190
236243 manufactured home has given the park owner written notice that the 191
237244 owner resides in a place other than the owner's unit, notice shall be sent 192
238245 by first class mail to the address so provided. The notice shall include a 193
239246 statement advising the recipient of the intended discontinuance of use 194
240247 or sale and, except as otherwise provided in subdivision (5) of this 195
241248 subsection, shall be mailed or delivered at least one hundred twenty 196
242249 days prior to the discontinuance of the use of the land as a mobile 197
243250 manufactured home park. The notice may run concurrently with the 198
244251 notice required by subdivision (3) of subsection (a) of section 21-80 or 199
245252 subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as 200
246253 amended by this act. A copy of such notice from the park owner shall 201
247254 be sent to any association of residents of the mobile manufactured home 202
248255 park which has made a written request for such notice. 203
249256 (3) Except as otherwise provided in subdivision (5) of this subsection, 204
250257 within one hundred twenty days after the notice provided for in 205
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251263 subdivision (2) of this subsection has been mailed, any association 206
252264 representing twenty-five per cent or more of the units in the park, 207
253265 including an association formed after the issuance of the notice, may 208
254-notify the owner of the park that [it] the association is interested in 209 Committee Bill No. 5428
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266+notify the owner of the park that [it] the association is interested in 209
259267 purchasing the mobile manufactured home park. A copy of such notice 210
260268 may be filed on the land records of the town in which the mobile 211
261269 manufactured home park is located. If such notice is given, except as 212
262270 otherwise provided in subdivision (5) of this subsection, the association 213
263271 shall have three hundred sixty-five days after the notice required in 214
264272 subdivision (2) of this subsection has been given to purchase the park 215
265273 through negotiation or the method set forth in subdivision (4) of this 216
266274 subsection. Upon the request of the association, the Department of 217
267275 Housing shall assist the association in developing financing for the 218
268276 purchase of the park. 219
269277 (4) If the association and the park owner cannot agree upon a 220
270278 purchase price, the association shall have the right to purchase the 221
271279 property: (A) If the association matches the essential provisions of any 222
272280 existing bona fide offer to purchase the park made by another potential 223
273281 purchaser which offer by such other purchaser the owner is prepared to 224
274282 accept; or (B) if there is no such offer, at a purchase price to be 225
275283 established by an appraiser chosen by the association and the park 226
276284 owner. If the two parties cannot agree upon one appraiser, either party 227
277285 may notify the other, in writing, of such disagreement, and the 228
278286 association shall choose an appraiser, the park owner shall choose an 229
279287 appraiser, and the two appraisers shall choose a third appraiser, which 230
280288 three appraisers shall establish a value of the park. If the park owner 231
281289 refuses to select an appraiser within fifteen days of such notice, the 232
282290 Commissioner of Consumer Protection shall choose an appraiser for the 233
283291 park owner. The costs of all appraisers shall be paid equally by the 234
284292 association and the park owner. Except as otherwise provided in 235
285293 subdivision (5) of this subsection, if, within three hundred sixty-five 236
286294 days from the mailing of the notice required in subdivision (2) of this 237
287295 subsection, no agreement for such sale signed by the association and the 238
288296 park owner has been filed upon the land records, or if the association 239
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289302 has not filed a certified statement to purchase the park at the appraised 240
290303 value which value shall also be certified on the land records by the 241
291304 appraiser or appraisers, the right provided in this subsection to 242
292-purchase the park shall be void and any recorded notice filed pursuant 243 Committee Bill No. 5428
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305+purchase the park shall be void and any recorded notice filed pursuant 243
297306 to subdivision (3) of this subsection shall be void. The appraiser or 244
298307 appraisers may use data concerning properties and parks located in 245
299308 other municipalities to establish the value of the park. 246
300309 (5) In any case in which a mobile manufactured home park with two 247
301310 hundred or more units in which a majority of residents have been given 248
302311 written notice, prior to June 10, 1999, of the intended discontinuance of 249
303312 the use of the land as a mobile manufactured home park, regardless of 250
304313 whether one or more of such notices or the service of such notices is 251
305314 subsequently deemed invalid or ineffective, (A) any subsequent notice 252
306315 of such intended discontinuance that is given or required to be given 253
307316 after June 23, 1999, by the owner pursuant to this subsection, and (B) 254
308317 any notice given or action taken pursuant to this subsection after June 255
309318 23, 1999, by any association representing twenty-five per cent or more 256
310319 of the units in the park shall be subject to the time limitations contained 257
311320 in this subsection that were in effect immediately prior to June 23, 1999. 258
312321 Sec. 3. Section 21-70a of the general statutes is repealed and the 259
313322 following is substituted in lieu thereof (Effective October 1, 2025): 260
314323 (a) A mobile manufactured home park resident who owns a mobile 261
315324 manufactured home and is required to remove the home from the park 262
316325 because of a change in use of the land on which said mobile 263
317326 manufactured home is located shall be entitled to receive from the 264
318327 mobile manufactured home park owner (1) relocation expenses to a 265
319328 mobile manufactured home park satisfactory to the resident within one 266
320329 hundred miles of the existing park site up to a maximum of (A) seven 267
321330 thousand dollars if the notice given pursuant to subdivision (3) of 268
322331 subsection (a) of section 21-80 or subparagraph (E) of subdivision (1) of 269
323332 subsection (b) of section 21-80, as amended by this act, expires before 270
324333 October 1, 2000, regardless of whether such notice was given before or 271
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325339 after June 23, 1999, [or] (B) subject to the provisions of subsection (b) of 272
326340 this section, ten thousand dollars if the notice given pursuant to 273
327341 subdivision (3) of subsection (a) of section 21-80 or subparagraph (E) of 274
328342 subdivision (1) of subsection (b) of section 21-80, as amended by this act, 275
329-expires on or after October 1, 2000, but before October 1, 2025, regardless 276 Committee Bill No. 5428
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343+expires on or after October 1, 2000, but before October 1, 2025, regardless 276
334344 of whether such notice was given before or after June 23, 1999, or (C) 277
335345 twenty thousand dollars if the notice given pursuant to subdivision (3) 278
336346 of subsection (a) of section 21-80 or subparagraph (E) of subdivision (1) 279
337347 of subsection (b) of section 21-80, as amended by this act, expires on or 280
338348 after October 1, 2025, regardless of whether such notice was given before 281
339349 or after October 1, 2025, or (2) in the event a satisfactory site is not 282
340350 available onto which the mobile manufactured home may be relocated, 283
341351 the sum of (A) seven thousand dollars if the notice given pursuant to 284
342352 subdivision (3) of subsection (a) of section 21-80 or subparagraph (E) of 285
343353 subdivision (1) of subsection (b) of section 21-80, as amended by this act, 286
344354 expires before October 1, 2000, regardless of whether such notice was 287
345355 given before or after June 23, 1999, [or] (B) subject to the provisions of 288
346356 subsection (b) of this section, ten thousand dollars if the notice given 289
347357 pursuant to subdivision (3) of subsection (a) of section 21-80 or 290
348358 subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as 291
349359 amended by this act, expires on or after October 1, 2000, but before 292
350360 October 1, 2025, regardless of whether such notice was given before or 293
351361 after June 23, 1999, or (C) twenty thousand dollars if the notice given 294
352362 pursuant to subdivision (3) of subsection (a) of section 21-80 or 295
353363 subparagraph (E) of subdivision (1) of subsection (b) of section 21-80, as 296
354364 amended by this act, expires on or after October 1, 2025, regardless of 297
355365 whether such notice was given before or after October 1, 2025. 298
356366 (b) Notwithstanding the provisions of subsection (a) of this section, 299
357367 in any case in which a mobile manufactured home park containing two 300
358368 hundred or more units in which a majority of residents have been given 301
359369 written notice, prior to June 23, 1999, pursuant to subdivision (3) of 302
360370 subsection (a) of section 21-80 or subparagraph (E) of subdivision (1) of 303
361371 subsection (b) of section 21-80, as amended by this act, regardless of 304
362372 whether one or more of such notices or the service of such notices is 305
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363378 subsequently deemed invalid or ineffective, the amount of the 306
364379 relocation or compensatory payments required to be paid to such 307
365380 resident under the provisions of this section shall not exceed seven 308
366381 thousand dollars, regardless of whether a subsequent valid notice or 309
367-notices are properly served subsequent to June 23, 1999, and such 310 Committee Bill No. 5428
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382+notices are properly served subsequent to June 23, 1999, and such 310
372383 subsequent notice or notices expire on or after October 1, 2000, but 311
373384 before October 1, 2025. 312
374385 (c) The owner of a mobile manufactured home park, who intends to 313
375386 close the park, shall notify, in writing, the Commissioner of Consumer 314
376387 Protection, the Commissioner of Housing and the chief elected official 315
377388 in the town in which the park is located at least ninety days prior to 316
378389 refusing to renew any leases because of the impending closing, or on 317
379390 any earlier date the owner gives any notice of the closing of the park as 318
380391 may be required by the general statutes. 319
381392 Sec. 4. Section 21-71 of the general statutes is repealed and the 320
382393 following is substituted in lieu thereof (Effective October 1, 2025): 321
383394 (a) The department may revoke, suspend, place conditions on or 322
384395 refuse to renew any license to operate a mobile manufactured home 323
385396 park for a violation of any provision of this chapter or any regulations 324
386397 issued hereunder or any other state or local law or regulation, after 325
387398 hearing, except that if the department upon investigation finds a 326
388399 licensee is not providing adequate sewerage facilities, electrical, 327
389400 plumbing or sanitary services, water supply or fire protection, 328
390401 suspension of the license shall be automatic, provided such licensee 329
391402 shall be entitled to a hearing before the department not later than thirty 330
392403 days after such suspension. A license may be reinstated or reissued if 331
393404 the circumstances leading to the violation have been remedied and the 332
394405 park is being maintained and operated in full compliance with this 333
395406 chapter and the regulations hereunder. Each officer, board, commission 334
396407 or department of the state or any local government shall assist the 335
397408 department with technical data on sewerage facilities, electrical, 336
398409 plumbing or sanitary services, water supply or fire protection and shall 337
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399415 submit such data to the department for the department's use in any 338
400416 hearing held pursuant to this section. In addition to revoking, 339
401417 suspending, placing conditions on, or refusing to renew any license to 340
402418 operate a mobile manufactured home park, the department may, 341
403419 following an administrative hearing, impose a fine of not less than fifty 342
404-nor more than three hundred dollars for each day that such violation 343 Committee Bill No. 5428
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420+nor more than three hundred dollars for each day that such violation 343
409421 exists. In connection with any investigation the Commissioner of 344
410422 Consumer Protection or the commissioner's authorized agent may 345
411423 administer oaths, issue subpoenas, compel testimony and order the 346
412424 production of books, records and documents. Notwithstanding any 347
413425 provision of this chapter or chapter 416, all books, records and 348
414426 documents produced pursuant to this subsection shall be public records 349
415427 or files within the meaning of the Freedom of Information Act, as 350
416428 defined in section 1-200, and the department shall disclose such books, 351
417429 records or documents to any person in accordance with the provisions 352
418430 of said act regardless of whether such books, records or documents are 353
419431 relevant to an ongoing investigation or enforcement action by the 354
420432 department under this chapter. Each owner shall retain all leases, 355
421433 disclosure statements, rules and regulations required under this chapter 356
422434 for at least four years after any resident to whom they relate vacates the 357
423435 park. 358
424436 (b) (1) If an inspection by the department reveals a violation of any 359
425437 provision of this chapter or any regulation issued under this chapter, the 360
426438 cost of all reinspections necessary to determine compliance with any 361
427439 such provision shall be assumed by the owner, except that if a first 362
428440 reinspection indicates compliance with such provision, no charge shall 363
429441 be made. 364
430442 (2) As part of an inspection or investigation, the department may 365
431443 order an owner of a mobile manufactured home park to obtain an 366
432444 independent inspection report, at the sole cost of the owner, that 367
433445 assesses the condition and potential public health impact of a condition 368
434446 at the park, including, but not limited to, the condition of trees and 369
435447 electrical, plumbing or sanitary systems. 370
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436453 (3) (A) In ordering an owner of a mobile manufactured home park to 371
437454 obtain an independent inspection report under this subsection, the 372
438455 department may require (i) the person completing such report to have 373
439456 training or be licensed in a particular area related to the ordered 374
440457 inspection, and (ii) that such report specifically address particular areas 375
441-of, or issues affecting, the park that are of concern to the department. 376 Committee Bill No. 5428
442-
443-
444-LCO 5608 13 of 22
445-
458+of, or issues affecting, the park that are of concern to the department. 376
446459 (B) In the event that the department requires the person completing 377
447460 an independent inspection report under this subsection to have training 378
448461 or be licensed in a particular area, the department shall include such 379
449462 requirement in the first order the department issues to the mobile 380
450463 manufactured home park owner requiring such report. 381
451464 (C) The mobile manufactured home park owner shall submit proof of 382
452465 compliance with the provisions of this subdivision at the time the owner 383
453466 submits to the department the independent inspection report required 384
454467 under this subsection. 385
455468 (4) If the department orders a mobile manufactured home park 386
456469 owner to obtain an independent inspection report as part of the owner's 387
457470 application for a license, or for renewal of a license, to operate a mobile 388
458471 manufactured home park, the department shall issue such order to such 389
459472 owner at the electronic mail address such owner most recently provided 390
460473 to the department in such owner's application. Such order shall provide 391
461474 a description of the condition or conditions that require further 392
462475 assessment by such owner. 393
463476 (5) A mobile manufactured home park owner shall obtain and submit 394
464477 to the department an independent inspection report required under this 395
465478 subsection not later than thirty days after the department issued the 396
466479 order requiring such report or a later date approved, in writing, by the 397
467480 commissioner or the commissioner's designee. 398
468481 (6) Each independent inspection report required under this 399
469482 subsection shall include (A) an assessment of (i) all conditions outlined 400
470483 in the department's order requiring such report that impact public 401
484+Committee Bill No. 5428
485+
486+
487+LCO No. 5608 14 of 22
488+
471489 health and safety for the purpose of assessing the risk that such 402
472490 conditions pose to public health and safety, and (ii) the severity of the 403
473491 conditions described in subparagraph (A)(i) of this subdivision, and (B) 404
474492 a detailed plan of action to remedy each condition described in 405
475493 subparagraph (A)(i) of this subdivision. 406
476494 (7) Not later than ten days after a mobile manufactured home park 407
477-owner receives an independent inspection report required under this 408 Committee Bill No. 5428
478-
479-
480-LCO 5608 14 of 22
481-
495+owner receives an independent inspection report required under this 408
482496 subsection, the mobile manufactured home park owner shall provide to 409
483497 the department, in writing, a detailed plan to remedy the assessed 410
484498 condition, which plan shall include, at a minimum, a specific timeline, 411
485499 proposed contractors and a budget. 412
486500 (8) Notwithstanding any provision of this chapter or chapter 416, 413
487501 each independent inspection report or proof of compliance submitted to 414
488502 the department pursuant to this subsection, each detailed plan provided 415
489503 to the department pursuant to this subsection and each order issued by 416
490504 the department pursuant to this subsection shall be a public record or 417
491505 file within the meaning of the Freedom of Information Act, as defined 418
492506 in section 1-200, and the department shall disclose such independent 419
493507 inspection report, proof of compliance, detailed plan or order to any 420
494508 person in accordance with the provisions of said act regardless of 421
495509 whether such independent inspection report, proof of compliance, 422
496510 detailed plan or order is relevant to an ongoing investigation or 423
497511 enforcement action by the department under this chapter. 424
498512 (c) In addition to any other available remedies, the provisions of 425
499513 section 47a-14h shall be available to all residents in a mobile 426
500514 manufactured home park including residents who own their own units. 427
501515 (d) The department may issue an order to any owner determined to 428
502516 be in violation of any provision of this chapter or any regulation issued 429
503517 under this section after an inspection of a mobile manufactured home 430
504518 park, providing for the immediate discontinuance of the violation or 431
505519 timely remediation of such violation. Any owner of a mobile 432
506520 manufactured home park who fails to comply with any orders 433
521+Committee Bill No. 5428
522+
523+
524+LCO No. 5608 15 of 22
525+
507526 contained in a notice of violation resulting from a reinspection of such 434
508527 park not later than thirty days after issuance of such notice, including 435
509528 confirmation of active licensure, shall be fined five hundred dollars per 436
510529 violation and shall follow the procedures specified in section 51-164n. 437
511530 (e) Not later than January 1, 2026, the department shall establish a 438
512531 process for residents to submit complaints to the department regarding 439
513-suspected violations of the provisions of this chapter, any regulations 440 Committee Bill No. 5428
514-
515-
516-LCO 5608 15 of 22
517-
532+suspected violations of the provisions of this chapter, any regulations 440
518533 adopted pursuant to this chapter or any other state or local law or 441
519534 regulation concerning mobile manufactured home parks. 442
520535 Sec. 5. Subsection (b) of section 21-80 of the general statutes is 443
521536 repealed and the following is substituted in lieu thereof (Effective October 444
522537 1, 2025): 445
523538 (b) (1) Notwithstanding the provisions of section 47a-23, an owner 446
524539 may terminate a rental agreement or maintain a summary process action 447
525540 against a resident who owns a mobile manufactured home only for one 448
526541 or more of the following reasons: 449
527542 (A) Nonpayment of rent, utility charges or reasonable incidental 450
528543 services charges; 451
529544 (B) Material noncompliance by the resident with any statute or 452
530545 regulation materially affecting the health and safety of other residents 453
531546 or materially affecting the physical condition of the park; 454
532547 (C) Material noncompliance by the resident with the rental 455
533548 agreement or with rules or regulations adopted under section 21-70, as 456
534549 amended by this act; 457
535550 (D) Failure by the resident to agree to a proposed rent increase, 458
536551 provided the owner has complied with all provisions of subdivision (5) 459
537552 of this subsection; or 460
538553 (E) A change in the use of the land on which such mobile 461
539554 manufactured home is located, provided all of the affected residents 462
555+Committee Bill No. 5428
556+
557+
558+LCO No. 5608 16 of 22
559+
540560 receive written notice (i) at least three hundred sixty-five days before 463
541561 the time specified in the notice for the resident to quit possession of the 464
542562 mobile manufactured home or occupancy of the lot if such notice is 465
543563 given before June 23, 1999, or (ii) at least five hundred forty-five days 466
544564 before the time specified in the notice for the resident to quit possession 467
545565 of the mobile manufactured home or occupancy of the lot if such notice 468
546566 is given on or after June 23, 1999, regardless of whether any other notice 469
547-under this section or section 21-70, as amended by this act, has been 470 Committee Bill No. 5428
548-
549-
550-LCO 5608 16 of 22
551-
567+under this section or section 21-70, as amended by this act, has been 470
552568 given before June 23, 1999; provided nothing in subsection (f) of section 471
553569 21-70, as amended by this act, section 21-70a, as amended by this act, 472
554570 subsection (a) of this section, this subdivision and section 21-80b shall 473
555571 be construed to invalidate the effectiveness of or require the reissuance 474
556572 of any valid notice given before June 23, 1999. 475
557573 (2) An owner may not maintain a summary process action under 476
558574 subparagraph (B), (C) or (D) of subdivision (1) of this subsection, except 477
559575 a summary process action based upon conduct which constitutes a 478
560576 serious nuisance or a violation of subdivision (9) of subsection (b) of 479
561577 section 21-82, prior to delivering a written notice to the resident 480
562578 specifying the acts or omissions constituting the breach and that the 481
563579 rental agreement shall terminate upon a date not less than thirty days 482
564580 after receipt of the notice. If such breach can be remedied by repair by 483
565581 the resident or payment of damages by the resident to the owner and 484
566582 such breach is not so remedied within twenty-one days, the rental 485
567583 agreement shall terminate except that (A) if the breach is remediable by 486
568584 repairs or the payment of damages and the resident adequately 487
569585 remedies the breach within said twenty-one-day period, the rental 488
570586 agreement shall not terminate, or (B) if substantially the same act or 489
571587 omission for which notice was given recurs within six months, the 490
572588 owner may terminate the rental agreement in accordance with the 491
573589 provisions of sections 47a-23 to 47a-23b, inclusive. For the purposes of 492
574590 this subdivision, "serious nuisance" means (i) inflicting bodily harm 493
575591 upon another resident or the owner or threatening to inflict such harm 494
576592 with the present ability to effect the harm and under circumstances 495
577593 which would lead a reasonable person to believe that such threat will be 496
594+Committee Bill No. 5428
595+
596+
597+LCO No. 5608 17 of 22
598+
578599 carried out, (ii) substantial and wilful destruction of part of the 497
579600 premises, (iii) conduct which presents an immediate and serious danger 498
580601 to the safety of other residents or the owner, or (iv) using the premises 499
581602 for prostitution or the illegal sale of drugs. If the owner elects to evict 500
582603 based upon an allegation, pursuant to subdivision (8) of subsection (b) 501
583604 of section 21-82, that the resident failed to require other persons on the 502
584605 premises with the resident's consent to conduct themselves in a manner 503
585-that will not constitute a serious nuisance, and the resident claims to 504 Committee Bill No. 5428
586-
587-
588-LCO 5608 17 of 22
589-
606+that will not constitute a serious nuisance, and the resident claims to 504
590607 have had no knowledge of such conduct, then, if the owner establishes 505
591608 that the premises have been used for the illegal sale of drugs, the burden 506
592609 shall be on the resident to show that the resident had no knowledge of 507
593610 the creation of the serious nuisance. 508
594611 (3) Notwithstanding the provisions of section 47a-23, termination of 509
595612 any tenancy in a mobile manufactured home park shall be effective only 510
596613 if made in the following manner: 511
597614 (A) By the resident giving at least thirty days' notice to the owner; or 512
598615 (B) By the owner giving the resident at least sixty days' written notice, 513
599616 which shall state the reason or reasons for such termination, except that, 514
600617 when termination is based upon subparagraph (A) of subdivision (1) of 515
601618 this subsection, the owner need give the resident only thirty days' 516
602619 written notice, which notice shall state the total arrearage due provided, 517
603620 the owner shall not maintain or proceed with a summary process action 518
604621 against a resident who tenders the total arrearage due to the owner 519
605622 within such thirty days and who has not so tendered an arrearage under 520
606623 this subparagraph during the preceding twelve months. 521
607624 (4) Except as otherwise specified, proceedings under this section shall 522
608625 be as prescribed by chapter 832. 523
609626 (5) Nothing in this subsection shall prohibit an owner from increasing 524
610627 the rent at the termination of the rental agreement if (A) the owner 525
611628 delivers a written notice of the proposed rent increase to the resident at 526
612629 least thirty days before the start of a new rental agreement; (B) the 527
630+Committee Bill No. 5428
631+
632+
633+LCO No. 5608 18 of 22
634+
613635 proposed rent is consistent with rents for comparable lots, [in the same 528
614636 park] provided the proposed rent shall not increase at a rate that exceeds 529
615637 any increase in the consumer price index over the preceding twelve-530
616638 month period plus one per cent; and (C) the rent is not increased in order 531
617639 to defeat the purpose of this subsection. 532
618640 Sec. 6. Section 21-83 of the general statutes is repealed and the 533
619-following is substituted in lieu thereof (Effective October 1, 2025): 534 Committee Bill No. 5428
620-
621-
622-LCO 5608 18 of 22
623-
641+following is substituted in lieu thereof (Effective October 1, 2025): 534
624642 (a) An owner and a resident may include in a rental agreement terms 535
625643 and conditions not prohibited by law, including rent, term of the 536
626644 agreement and other provisions governing the rights and obligations of 537
627645 the parties. No rental agreement shall contain the following: 538
628646 (1) Any provision by which the resident agrees to waive or forfeit 539
629647 rights or remedies under this chapter and sections 47a-21, as amended 540
630648 by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26h, inclusive, 47a-541
631649 35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section 542
632650 of the general statutes or any municipal ordinance, unless such section 543
633651 or ordinance expressly states that such rights may be waived; 544
634652 (2) Any provision which permits the owner to terminate the rental 545
635653 agreement for failure to pay rent unless such rent is unpaid when due 546
636654 and the resident fails to pay rent within nine days thereafter; 547
637655 (3) Any provision which permits the owner to collect a penalty fee for 548
638656 late payment of rent without allowing the resident a minimum of nine 549
639657 days beyond the due date in which to remit or which provides for the 550
640658 payment of rent in a reduced amount if such rent is paid prior to the 551
641659 expiration of such grace period; 552
642660 (4) Any provision which permits the owner to charge a penalty for 553
643661 late payment of rent in excess of five per cent of the total rent due for the 554
644662 mobile manufactured home space or lot or four per cent of the total rent 555
645663 due for the mobile manufactured home and mobile manufactured home 556
646664 space or lot; 557
665+Committee Bill No. 5428
666+
667+
668+LCO No. 5608 19 of 22
669+
647670 (5) Any provision which allows the owner to increase the total rent 558
648671 or change the payment arrangements during the term of the rental 559
649672 agreement; 560
650673 (6) Any provision allowing the owner to charge an amount in excess 561
651674 of one month's rent for a security deposit or to retain the security deposit 562
652675 upon termination of the rental agreement if the resident has paid his or 563
653676 her rent in full as of the date of termination and has caused no damage 564
654-to the property of the owner or to waive the resident's right to the 565 Committee Bill No. 5428
655-
656-
657-LCO 5608 19 of 22
658-
677+to the property of the owner or to waive the resident's right to the 565
659678 interest on the security deposit pursuant to section 47a-21, as amended 566
660679 by this act; 567
661680 (7) Any provision allowing the owner to charge an entrance fee to a 568
662681 resident assuming occupancy; 569
663682 (8) Any provision allowing the owner to charge ancillary fees in an 570
664683 aggregate amount that exceeds fifteen dollars annually; 571
665684 [(8)] (9) Any provision authorizing the owner to confess judgment on 572
666685 a claim arising out of the rental agreement; 573
667686 [(9)] (10) Any provision which waives any cause of action against or 574
668687 indemnification from an owner, by a resident for any injury or harm 575
669688 caused to such resident, his or her family or his or her guests, or to his 576
670689 or her property, or the property of his or her family or his or her guests 577
671690 resulting from any negligence of the owner, his or her agents or his or 578
672691 her assigns in the maintenance of the premises or which otherwise 579
673692 agrees to the exculpation or limitation of any liability of the owner 580
674693 arising under law or to indemnify the owner for that liability or the costs 581
675694 connected therewith; 582
676695 [(10)] (11) Any provision permitting the owner to dispossess the 583
677696 resident without resort to court order; 584
678697 [(11)] (12) Any provision consenting to the distraint of the resident's 585
679698 property for rent; 586
699+Committee Bill No. 5428
700+
701+
702+LCO No. 5608 20 of 22
703+
680704 [(12)] (13) Any provision agreeing to pay the owner's attorney's fees 587
681705 in excess of fifteen per cent of any judgment against the resident in any 588
682706 action in which money damages are awarded; or 589
683707 [(13)] (14) Any provision which denies to the resident the right to treat 590
684708 as a breach of the agreement, a continuing violation by the owner, 591
685709 substantial in nature, of any provision set forth in the rental agreement 592
686710 or of any state statute unless the owner discontinues such violation 593
687711 within a reasonable time after written notice is given by the resident by 594
688-registered or certified mail. 595 Committee Bill No. 5428
689-
690-
691-LCO 5608 20 of 22
692-
712+registered or certified mail. 595
693713 (b) A provision prohibited by this chapter included in a rental 596
694714 agreement is unenforceable. 597
695715 Sec. 7. Subsection (i) of section 47a-21 of the general statutes is 598
696716 repealed and the following is substituted in lieu thereof (Effective October 599
697717 1, 2025): 600
698718 (i) On and after July 1, 1993, each landlord other than a landlord of a 601
699719 residential unit in any building owned or controlled by any educational 602
700720 institution and used by such institution for the purpose of housing 603
701721 students of such institution and their families, and each landlord or 604
702722 owner of a mobile manufactured home or of a mobile manufactured 605
703723 home space or lot or park, as such terms are defined in [subdivisions (1), 606
704724 (2) and (3) of] section 21-64, as amended by this act, shall pay interest on 607
705725 each security deposit received by such landlord at a rate of not less than 608
706726 the average rate paid, as of December 30, 1992, on savings deposits by 609
707727 insured commercial banks as published in the Federal Reserve Board 610
708728 Bulletin rounded to the nearest one-tenth of one percentage point, 611
709729 except in no event shall the rate be less than one and one-half per cent. 612
710730 On and after January 1, 1994, the rate for each calendar year shall be not 613
711731 less than the deposit index, determined under this section as it was in 614
712732 effect during such year. On and after January 1, 2012, the rate for each 615
713733 calendar year shall be not less than the deposit index, as defined in 616
714734 section 36a-26, for that year. On the anniversary date of the tenancy and 617
715735 annually thereafter, such interest shall be paid to the tenant or resident 618
736+Committee Bill No. 5428
737+
738+
739+LCO No. 5608 21 of 22
740+
716741 or credited toward the next rental payment due from the tenant or 619
717742 resident, as the landlord or owner shall determine. If the tenancy is 620
718743 terminated before the anniversary date of such tenancy, or if the 621
719744 landlord or owner returns all or part of a security deposit prior to 622
720745 termination of the tenancy, the landlord or owner shall pay the accrued 623
721746 interest to the tenant or resident not later than twenty-one days after 624
722747 such termination or return. Interest shall not be paid to a tenant for any 625
723748 month in which the tenant has been delinquent for more than ten days 626
724749 in the payment of any monthly rent, unless the landlord imposes a late 627
725750 charge for such delinquency. No landlord shall increase the rent due 628
726-from a tenant because of the requirement that the landlord pay on 629 Committee Bill No. 5428
727-
728-
729-LCO 5608 21 of 22
730-
751+from a tenant because of the requirement that the landlord pay on 629
731752 interest the security deposit. 630
732753 Sec. 8. Subdivision (5) of section 52-352a of the general statutes is 631
733754 repealed and the following is substituted in lieu thereof (Effective October 632
734755 1, 2025): 633
735756 (5) "Homestead" means owner-occupied real property, co-op or 634
736757 mobile manufactured home, as defined in [subdivision (1) of] section 21-635
737758 64, as amended by this act, used as a primary residence. 636
738759 Sec. 9. (NEW) (Effective July 1, 2025) (a) Not later than October 1, 2025, 637
739760 and annually thereafter, the owner of each mobile manufactured home 638
740761 park, as defined in section 21-64 of the general statutes, as amended by 639
741762 this act, shall submit a report to the Department of Consumer Protection 640
742763 disclosing the water capacity and flow of each fire hydrant located in 641
743764 such park. 642
744765 (b) The owner of a mobile manufactured home park with a fire 643
745766 hydrant that is determined by the Commissioner of Consumer 644
746767 Protection to have insufficient water capacity or flow shall, not later than 645
747768 thirty days after receiving notification of such determination, and 646
748769 quarterly thereafter, submit a report to the department detailing the 647
749770 progress such owner has made in increasing the water capacity or flow 648
750771 of the fire hydrant to a level deemed sufficient by the commissioner. 649
772+Committee Bill No. 5428
773+
774+
775+LCO No. 5608 22 of 22
776+
751777 This act shall take effect as follows and shall amend the following
752778 sections:
753779
754780 Section 1 October 1, 2025 21-64
755781 Sec. 2 October 1, 2025 21-70
756782 Sec. 3 October 1, 2025 21-70a
757783 Sec. 4 October 1, 2025 21-71
758784 Sec. 5 October 1, 2025 21-80(b)
759785 Sec. 6 October 1, 2025 21-83
760786 Sec. 7 October 1, 2025 47a-21(i)
761787 Sec. 8 October 1, 2025 52-352a(5)
762788 Sec. 9 July 1, 2025 New section
763- Committee Bill No. 5428
764789
790+Statement of Purpose:
791+To (1) cap rent increases and ancillary fees imposed by mobile
792+manufactured home park owners, (2) establish additional enforcement
793+measures and penalties concerning mobile manufactured home park
794+owners, (3) subject certain files to the Freedom of Information Act, (4)
795+modify the method by which mobile manufactured homes are
796+appraised, (5) modify the amount of relocation expenses paid to mobile
797+manufactured home park residents, and (6) require mobile
798+manufactured home park owners to submit reports to the Department
799+of Consumer protection concerning fire hydrant water capacity and
800+flow.
765801
766-LCO 5608 22 of 22
802+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
803+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
804+underlined.]
767805
768-GL Joint Favorable
806+Co-Sponsors: REP. MARTINEZ, 22nd Dist.; REP. MENAPACE, 37th Dist.
807+REP. GAUTHIER, 38th Dist.; REP. COMEY, 102nd Dist.
808+
809+H.B. 5428
810+
769811