NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990. Mobile Home Park Owner Cannot Force Tenants to switch from Oil to Natural Gas Stuart Lieberman, ESQ , USA Because they are densely located, mobile homes pose particular environmental hazards not shared by other kinds of residential communities. For example, a mobile home park served by septic systems, will likely have a greater concentration of septic systems than found in other kinds of communities. Therefore, it represents a greater risk that a septic failure will result in contamination. When leaks, or tank failures or well water problems occur, it is often the mobile home park owner that is called upon to find a solution.
Solutions can be costly.
So, it is not surprising that park owners look for affordable ways to limit their exposure relating to these kinds of environmental problems. A recent New Jersey Appeals Court decision found that park owners cannot minimize their exposure by simply issuing orders to park tenants requiring them to make costly tank replacements, at the tenant's own expense. While this is a New Jersey Court decision, it may also be considered by Courts in other jurisdictions asked to consider these kinds of issues. In January of 1992, Garden Park Associates, the park owner, established a new rule requiring all of its tenants to convert their existing oil heat systems to natural gas within six months. This resulted in the Plaintiffs retaining an attorney who in turn sent a letter to Garden Park Associates asserting that the restriction was unreasonable and should be rescinded.