HB2176 also makes major changes in the RV Space Long Term Rental Space Act (RVRSA).
Under this park model space tenants become eligible for certain relocation benefits when parks are closed due to a change in use when age restrictions change. The program and benefits are derived from current laws applicable to mobile home parks.
These provisions only cover park models subject to the RVRSA (i.e.,they only apply to tenants under rental agreements of 180 days or more) so tenants without such agreements are not covered no matter how long they have been there.
The following benefits will become available to covered tenants:
Relocations: Actual expenses up to $4,000 for a park model. This includes take down, moving, and set up costs, provided the unit is moved to a new location within a 50 mile radius. At the discretion of the Housing Department, up to $2500 more is available if the unit is ground set.
Abandonments: 25% cash payment where a tenant abandons a unit in a park involved in a change in use (but not in an age restriction change). The tenant must be eligible to relocate the unit. If he chooses not to, he can get the 25% cash payment upon surrendering a valid, signed and notarized title together with lien releases and proof of payment of all property taxes on the unit.
Reimbursement of Fund: If there is a change in use of the park, the landlord must reimburse the fund $250 for each Park Model moved. This does not apply if the change is in the park's age restrictions or if the unit is abandoned.
The landlord must give a minimum 180-day notice of the intended change in use to all tenants under A.R.S. §33-2149. The notice must also advise of the relocation fund and a copy must be sent to the Arizona Department of Housing.
In the case of a change in the park's age restrictions, the initial notice must be a minimum of 60 days. It must also advise of the fund and that tenants wanting to move as a result of the change will have 180 days to do so after the date of the 60 day notice. A copy also must be sent to the Department of Housing. The effect is that the change in age restrictions may take place as soon as 60 days after the notice is given, but tenants have another 120 days after that to relocate at the expense of the fund.
The new MHCA Orange and Turquoise Books that Mike and Melissa have just revised cover these provisions and contain necessary forms.