Michigan House Bill HB5158

Michigan 2023-2024 Regular Session

• Introduced: 10/17/23
• Refer: 10/17/23

Caption

Mobile homes: other; procedure for declaring a mobile home abandoned; provide for. Amends 1987 PA 96 (MCL 125.2301 - 125.2350) by adding sec. 30j. TIE BAR WITH: HB 5157'23, HB 5160'23, HB 5159'23, HB 5161'23

Impact

If enacted, this bill significantly impacts the management of mobile homes within parks in Michigan by establishing clearer guidelines for declaring a mobile home abandoned. It aims to streamline processes for mobile home park owners, potentially leading to reduced clutter from abandoned units. However, it also asserts rights for mobile home owners to contest these declarations, as they can receive payment based on fair market value minus outstanding fees. This creates a balance between the rights of park owners and the protections for mobile home owners.

Summary

House Bill 5158 proposes an amendment to Michigan's Mobile Home Commission Act (1987 PA 96) by introducing a procedure for mobile home park owners to declare a mobile home as abandoned under specific conditions. This bill allows park owners to initiate abandonment proceedings if a court has restored possession of the premises to them, the mobile home has been unoccupied for a certain period, and any debts related to the mobile home are delinquent. The process also involves calculating the fair market value of the mobile home to ensure that owners receive compensation for any excess value after debts are deducted.

Contention

The bill, however, could generate contention regarding the process of declaring a mobile home abandoned, particularly the rights of owners and lienholders. It may be perceived as giving too much power to park owners, which can lead to conflicts over the valuation of mobile homes. Furthermore, there may be concerns among mobile home owners about their ability to contest such declarations, especially during disputes regarding the fair market value calculations and what constitutes sufficient notice of abandonment. The interplay between the rights of mobile home owners and park owners will be a key point of discussion as this legislation progresses.