reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.22 | Prohibited Actions.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
No manufactured housing dealer licensed under this chapter shall do any of the following:
(A) Directly or indirectly, solicit the sale of a manufactured home or mobile home through an interested person other than a salesperson licensed in the employ of a licensed dealer;
(B) Pay any commission or compensation in any form to any person in connection with the sale of a manufactured home or mobile home unless the person is licensed as a salesperson in the employ of the dealer;
(C) Fail to immediately notify the division of real estate upon termination of the employment of any person licensed as a salesperson to sell, display, offer for sale, or deal in manufactured homes or mobile homes for the dealer.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.23 | Notification Requirements.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Each licensed manufactured housing dealer and manufactured housing broker shall notify the division of real estate of any change in status as a manufactured housing dealer or manufactured housing broker during the period for which the dealer or broker is licensed, if the change of status concerns either of the following:
(1) Personnel of owners, partners, officers, or directors;
(2) Location of an office or principal place of business.
(B) The notification required by division (A) of this section shall be made by filing with the division of real estate, within fifteen days after the change of status, a supplemental statement in a form prescribed by the division of real estate showing in what respect the status has been changed.
The division of real estate may adopt a rule exempting from the notification requirement of division (A)(1) of this section any dealer if stock in the dealer or its parent company is publicly traded and if there are public records filed with and in the possession of state or federal agencies that provide the information required by division (A)(1) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.24 | Manufactured or Mobile Home - Sales Contracts.

Effective:
July 1, 2010
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Every retail sale of a manufactured home or mobile home shall be preceded by a written contract that shall contain all of the agreements of the parties and shall be signed by the buyer and the seller. The seller, upon execution of the contract and before the delivery of the manufactured or mobile home, shall deliver to the buyer a copy of the contract that shall clearly describe all of the following:
(1) The home sold to the buyer, including, where applicable, its vehicle identification number;
(2) The sale price of the home, and, if applicable, the amount paid down by the buyer;
(3) The amount credited to the buyer for any trade-in and a description thereof;
(4) The amount of any finance charge;
(5) The amount charged for any home insurance and a statement of the types of insurance provided by the policy or policies;
(6) The amount of any other charge and a specification of its purpose;
(7) The net balance of payment due from the buyer including the terms of the payment of the net balance.
(B) A manufactured housing dealer may contract for and receive a documentary service charge for a retail sale of a manufactured home or mobile home. The documentary service charge shall be specified in writing without itemization of the individual services provided and shall not be more than the lesser of the following:
(1) The amount allowed in a retail installment contract;
(2) Ten per cent of the amount the buyer is required to pay pursuant to the contract, excluding tax, title, and registration fees, and any negative equity adjustment.
(C) This section does not apply to a casual sale of a manufactured home or mobile home.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.25 | Rules and Regulations for Manufactured Housing Brokers.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
The division of real estate shall adopt rules for the regulation of manufactured housing brokers in accordance with Chapter 119. of the Revised Code. The rules shall require that a manufactured housing broker maintain a bond of a surety company authorized to transact business in this state in an amount determined by the division of real estate. The rules also shall require each person licensed as a manufactured housing broker to maintain at all times a special or trust bank account that is noninterest-bearing, is separate and distinct from any personal or other account of the broker, and into which shall be deposited and maintained all escrow funds, security deposits, and other moneys received by the broker in a fiduciary capacity. In a form determined by the division, a manufactured housing broker shall submit written proof to the division of the continued maintenance of the special or trust account. A depository where special or trust accounts are maintained in accordance with this section shall be located in this state.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.26 | Rules of Uniform Application for Manufactured Home Parks; Contracts for Inspections.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The division of industrial compliance, subject to Chapter 119. of the Revised Code, shall adopt, and has the exclusive power to adopt, rules of uniform application throughout the state governing the review of plans, issuance of flood plain management permits, and issuance of licenses for manufactured home parks; the location, layout, density, construction, drainage, sanitation, safety, and operation of those parks; and notices of flood events concerning, and flood protection at, those parks. The rules pertaining to flood plain management shall be consistent with and not less stringent than the flood plain management criteria of the national flood insurance program adopted under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code is applicable.
(B) The rules pertaining to manufactured home parks constructed after June 30, 1971, shall specify that each home must be placed on its lot to provide not less than fifteen feet between the side of one home and the side of another home, ten feet between the end of one home and the side of another home, and five feet between the ends of two homes placed end to end.
(C) The division of industrial compliance shall determine compliance with the installation, blocking, tiedown, foundation, and base support system standards for manufactured housing located in manufactured home parks adopted by the division pursuant to section 4781.04 of the Revised Code. All inspections of the installation, blocking, tiedown, foundation, and base support systems of manufactured housing in a manufactured home park that the division of industrial compliance conducts shall be conducted by a person the division of industrial compliance certifies pursuant to section 4781.07 of the Revised Code.
(D) The division of industrial compliance may enter into contracts for the purpose of fulfilling the division of industrial compliance's annual inspection responsibilities for manufactured home parks under this chapter. Boards of health of city or general health districts shall have the right of first refusal for those contracts.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.27 | License to Operate Park.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A)(1) On or after the first day of December, but before the first day of January of the next year, every person who intends to operate a manufactured home park shall procure a license to operate the park for the next year from the division of industrial compliance. If the applicable license fee prescribed under section 4781.28 of the Revised Code is not received by the division by the close of business on the last day of December, the applicant for the license shall pay a penalty equal to twenty-five per cent of the applicable license fee. The penalty shall accompany the license fee. If the last day of December is not a business day, the penalty attaches upon the close of business on the next business day.
(2) No manufactured home park shall be maintained or operated in this state without a license.
(3) No person who has received a license, upon the sale or disposition of the manufactured home park, may have the license transferred to the new operator. A person shall obtain a separate license to operate each manufactured home park.
(B) Before a license is initially issued and annually thereafter, or more often if necessary, the division of industrial compliance shall cause each manufactured home park to be inspected for compliance with sections 4781.26 to 4781.35 of the Revised Code and the rules adopted under those sections. A record shall be made of each inspection on a form prescribed by the division.
(C) Each person applying for an initial license to operate a manufactured home park shall provide acceptable proof to the division of industrial compliance that adequate fire protection will be provided and that applicable fire codes will be adhered to in the construction and operation of the park.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.28 | Fees.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
The division of industrial compliance may charge a fee for an annual license to operate a manufactured home park. The fee for a license shall be determined in accordance with section 4781.27 of the Revised Code and shall include the cost of licensing and all inspections.
Any fees collected shall be transmitted to the treasurer of state and shall be credited to the industrial compliance operating fund created in section 121.084 of the Revised Code and used only for the purpose of administering and enforcing sections 4781.26 to 4781.35 of the Revised Code and the rules adopted thereunder.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.281 | Inspector Certification Fees.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The division of industrial compliance may charge a fee for inspector certification. The fees shall include all of the following:
(1) The nonrefundable certification fee for inspectors shall not be greater than fifty dollars for each three-year certification period.
(2) The nonrefundable certification renewal fee for inspectors shall not be greater than fifty dollars.
(3) The nonrefundable late fee for certification renewal shall not be greater than twenty-five dollars in addition to the renewal fee.
(B) The division may adopt rules pursuant to Chapter 119. of the Revised Code establishing fees less than those described in division (A) of this section.
Last updated August 24, 2021 at 2:27 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.29 | License - Refusal to Grant, Suspension, Revocation.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
The division of industrial compliance may refuse to grant, may suspend, or may revoke any license granted to any person for failure to comply with sections 4781.26 to 4781.35 of the Revised Code or with any rule adopted under section 4781.26 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.30 | Rights of Operators.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Upon a license being issued under sections 4781.27 to 4781.29 of the Revised Code, any operator shall have the right to rent or use each lot for the parking or placement of a manufactured home or mobile home to be used for human habitation without interruption for any period coextensive with any license or consecutive licenses issued under sections 4781.27 to 4781.29 of the Revised Code.
(B) No operator of a manufactured home park shall sell individual lots in a park for eight years following the issuance of the initial license for the park unless, at the time of sale, the park fulfills all platting and subdivision requirements established by the political subdivision in which the park is located, or the political subdivision has entered into an agreement with the operator regarding platting and subdivision requirements and the operator has fulfilled the terms of that agreement.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.301 | Fees in Lieu of License and Inspection Fees.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Fees authorized or charged under sections 4781.31, 4781.32, and 4781.28 of the Revised Code are in lieu of all license and inspection fees on or with respect to the operation or ownership of manufactured home parks within this state, except that the licensor may charge additional reasonable fees for the collection and bacteriological examination of any necessary water samples taken from any such park.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.31 | Submitting Development Plans to Division.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) No person shall cause development to occur within any portion of a manufactured home park until the plans for the development have been submitted to and reviewed and approved by the division of industrial compliance. This division does not require that plans be submitted to the division of industrial compliance for approval for the replacement of manufactured or mobile homes on previously approved lots in a manufactured home park when no development is to occur in connection with the replacement. Within thirty days after receipt of the plans, all supporting documents and materials required to complete the review, and the applicable plan review fee established under division (D) of this section, the division of industrial compliance shall approve or disapprove the plans.
(B) Any person aggrieved by the division's disapproval of a set of plans under division (A) of this section may request a hearing on the matter within thirty days after receipt of the division's notice of the disapproval. The hearing shall be held in accordance with Chapter 119. of the Revised Code. Thereafter, the disapproval may be appealed in the manner provided in section 119.12 of the Revised Code.
(C) The division of industrial compliance shall establish a system by which development occurring within a manufactured home park is inspected or verified in accordance with rules adopted under section 4781.26 of the Revised Code to ensure that the development complies with the plans approved under division (A) of this section.
(D) The division of industrial compliance shall establish fees for reviewing plans under division (A) of this section and conducting inspections under division (C) of this section.
(E) The division of industrial compliance shall charge the appropriate fees established under division (D) of this section for reviewing plans under division (A) of this section and conducting inspections under division (C) of this section. All such plan review and inspection fees received by the division shall be transmitted to the treasurer of state and shall be credited to the industrial compliance operating fund created in section 121.084 of the Revised Code. Moneys so credited to the fund shall be used only for the purpose of administering and enforcing sections 4781.26 to 4781.35 of the Revised Code and rules adopted under those sections.
(F) Plan approvals issued under this section do not constitute an exemption from the land use and building requirements of the political subdivision in which the manufactured home park is or is to be located.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.32 | Permit for Developing in Flood Plain.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) No person shall cause development to occur or cause the replacement of a mobile or manufactured home within any portion of a manufactured home park that is located within a one-hundred-year flood plain unless the person first obtains a permit from the division of industrial compliance. If the development for which a permit is required under this division is to occur on a lot where a mobile or manufactured home is or is to be located, the owner of the home and the operator of the manufactured home park shall jointly obtain the permit. Each of the persons to whom a permit is jointly issued is responsible for compliance with the provisions of the approved permit that are applicable to that person.
The division of industrial compliance shall disapprove an application for a permit required under this division unless the division finds that the proposed development or replacement of a mobile or manufactured home complies with the rules adopted under section 4781.26 of the Revised Code. No permit is required under this division for the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code applies.
The division of industrial compliance may suspend or revoke a permit issued under this division for failure to comply with the rules adopted under section 4781.26 of the Revised Code pertaining to flood plain management or for failure to comply with the approved permit.
Any person aggrieved by the disapproval, suspension, or revocation of a permit under this division by the division of industrial compliance may request a hearing on the matter within thirty days after receipt of the notice of the disapproval, suspension, or revocation. The hearing shall be held in accordance with Chapter 119. of the Revised Code. Thereafter, an appeal of the disapproval, suspension, or revocation may be taken in the manner provided in section 119.12 of the Revised Code.
(B) The division of industrial compliance shall establish fees for the issuance of permits under division (A) of this section and for necessary inspections conducted to determine compliance with those permits.
(C) The division of industrial compliance shall charge the appropriate fee established under division (B) of this section for the issuance of a permit under division (A) of this section or for conducting any necessary inspection to determine compliance with the permit. If the division issues such a permit or conducts such an inspection, the fee for the permit or inspection shall be transmitted to the treasurer of state and shall be credited to the industrial compliance operating fund created in section 121.084 of the Revised Code. Moneys so credited to the fund shall be used only for the purpose of administering and enforcing sections 4781.26 to 4781.35 of the Revised Code and rules adopted under those sections.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.33 | Notice of Flood Event Affecting Manufactured Home Park.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
When a flood event affects a manufactured home park, the operator of the manufactured home park, in accordance with rules adopted under section 4781.26 of the Revised Code, shall notify the division of industrial compliance and the board of health having jurisdiction where the flood event occurred within forty-eight hours after the end of the flood event. The division, after receiving notification, shall immediately notify the board of health.
After being notified of such a flood event, the board of health shall cause an inspection to be made of the manufactured home park named in the notice. The board of health shall issue a report of the inspection to the division of industrial compliance within ten days after the inspection is completed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.35 | Prosecuting Violations.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) No person shall violate sections 4781.26 to 4781.35 of the Revised Code or the rules adopted thereunder.
(B) The prosecuting attorney of the county, the city director of law, or the attorney general, upon complaint of the division of industrial compliance, shall prosecute to termination or bring an action for injunction against any person violating sections 4781.26 to 4781.35 of the Revised Code or the rules adopted thereunder.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.36 | Whistleblower Protection.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Subject to section 4781.37 of the Revised Code, a park operator shall not retaliate against a resident by increasing the resident's rent, decreasing services that are due to the resident, refusing to renew or threatening to refuse to renew the rental agreement with the resident, or bringing or threatening to bring an action for possession of the resident's premises because:
(1) The resident has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The resident has complained to the park operator of any violation of section 4781.38 of the Revised Code;
(3) The resident joined with other residents for the purpose of negotiating or dealing collectively with the park operator on any of the terms and conditions of a rental agreement.
(B) If a park operator acts in violation of division (A) of this section, the resident may:
(1) Use the retaliatory action of the park operator as a defense to an action by the park operator to recover possession of the premises;
(2) Recover possession of the premises;
(3) Terminate the rental agreement.
In addition, the resident may recover from the park operator any actual damages together with reasonable attorneys fees.
(C) Nothing in division (A) of this section prohibits a park operator from increasing the rent to reflect the cost of improvements installed by the park operator in or about the premises or to reflect an increase in other costs of operation of the premises.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.37 | Action for Possession of the Premises.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Notwithstanding section 4781.36 of the Revised Code, a park operator may bring an action under Chapter 1923. of the Revised Code for possession of the premises if any of the following applies:
(1) The resident is in default in the payment of rent.
(2) The violation of the applicable building, housing, health, or safety code that the resident complained of was primarily caused by any act or lack of reasonable care by the resident, by any other person in the resident's household, or by anyone on the premises with the consent of the resident.
(3) The resident is holding over the resident's term.
(4) The resident is in violation of rules of the division of industrial compliance adopted pursuant to section 4781.26 of the Revised Code or rules of the manufactured home park adopted pursuant to the rules of the division.
(5) The resident has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of the action, and the resident's manufactured home, mobile home, or recreational vehicle parked in the manufactured home park has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement.
(B) The maintenance of an action by the park operator under this section does not prevent the resident from recovering damages for any violation by the park operator of the rental agreement or of section 4781.38 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.38 | Obligations of Park Operator.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) A park operator who is a party to a rental agreement shall:
(1) Comply with the requirements of all applicable building, housing, health, and safety codes which materially affect health and safety, and comply with rules of the division of industrial compliance;
(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a safe and sanitary condition;
(4) Maintain in good and safe working order and condition all electrical and plumbing fixtures and appliances, and septic systems, sanitary and storm sewers, refuse receptacles, and well and water systems that are supplied or required to be supplied by the park operator;
(5) Not abuse the right of access conferred by division (B) of section 4781.39 of the Revised Code;
(6) Except in the case of emergency or if it is impracticable to do so, give the resident reasonable notice of the park operator's intent to enter onto the residential premises and enter only at reasonable times. Twenty-four hours' notice shall be presumed to be a reasonable notice in the absence of evidence to the contrary.
(B) If the park operator violates any provision of this section, makes a lawful entry onto the residential premises in an unreasonable manner, or makes repeated demands for entry otherwise lawful which demands have the effect of harassing the resident, the resident may recover actual damages resulting from the violation, entry, or demands and injunctive relief to prevent the recurrence of the conduct, and if the resident obtains a judgment, reasonable attorneys' fees, or terminate the rental agreement.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.39 | Obligations of Resident.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) A resident who is a party to a rental agreement shall:
(1) Keep that part of the premises that the resident occupies and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;
(3) Comply with the requirements imposed on residents by all applicable state and local housing, health, and safety codes, rules of the division of industrial compliance, and rules of the manufactured home park;
(4) Personally refrain, and forbid any other person who is on the premises with the resident's permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the residential premises;
(5) Conduct self and require other persons on the premises with the resident's consent to conduct themselves in a manner that will not disturb the resident's neighbors' peaceful enjoyment of the manufactured home park.
(B) The resident shall not unreasonably withhold consent for the park operator to enter the home to inspect utility connections, or enter onto the premises in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels which are too large for the resident's mail facilities, or supply necessary or agreed services.
(C) If the resident violates any provision of this section, the park operator may recover any actual damages which result from the violation and reasonable attorneys' fees. This remedy is in addition to any right of the park operator to terminate the rental agreement, to maintain an action for the possession of the premises, or injunctive relief to compel access under division (B) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.41 | Effect of Operator's Noncompliance With Rental Agreement or Statutes.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) If a park operator fails to fulfill any obligation imposed upon the park operator by section 4781.38 of the Revised Code or by the rental agreement, or the conditions of the premises are such that the resident reasonably believes that a park operator has failed to fulfill any such obligations, or a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes which apply to any condition of the residential premises that could materially affect the health and safety of an occupant, the resident may give notice in writing to the park operator specifying the acts, omissions, or code violations that constitute noncompliance with such provisions. The notice shall be sent to the person or place where rent is normally paid.
(B) If a park operator receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time, considering the severity of the condition and the time necessary to remedy such condition, or within thirty days, whichever is sooner, and if the resident is current in rent payments due under the rental agreement, the resident may do one of the following:
(1) Deposit all rent that is due and thereafter becomes due the park operator with the clerk of court of the municipal or county court having jurisdiction in the territory in which the residential premises are located;
(2) Apply to the court for an order directing the park operator to remedy the condition. As part thereof, the resident may deposit rent pursuant to division (B)(1) of this section, and may apply for an order reducing the periodic rent due the park operator until such time as the park operator does remedy the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the resident to deposit rent with the clerk of court as provided in division (B)(1) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.42 | Rent Deposits.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Whenever a resident deposits rent with the clerk of a court as provided in section 4781.41 of the Revised Code, the clerk shall give written notice of this fact to the park operator and to the park operator's agent, if any.
(B) The clerk shall place all rent deposited with the clerk in a separate rent escrow account in the name of the clerk in a bank or building and loan association domiciled in this state.
(C) The clerk shall keep in a separate docket an account of each deposit, with the name and address of the resident, and the name and address of the park operator and of the park operator's agent, if any.
(D) For the clerk's costs, the clerk may charge a fee of one per cent of the amount of the rent deposited, which shall be assessed as court costs.
(E) All interest that has accrued on the rent deposited by the clerk of a county court under division (B) of this section shall be paid into the treasury of the political subdivision for which the clerk performs the clerk's duties. All interest that has accrued on the rent deposited by the clerk of a municipal court under division (B) of this section shall be paid into the city treasury as defined in division (B) of section 1901.03 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.43 | Applying for Release of Rent.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) A park operator who receives notice that rent due the park operator has been deposited with a clerk of court pursuant to section 4781.41 of the Revised Code, may:
(1) Apply to the clerk of court for release of the rent on the ground that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied. The clerk shall forthwith release the rent, less costs, to the park operator if the resident gives written notice to the clerk that the condition has been remedied.
(2) Apply to the court for release of the rent on the grounds that the resident did not comply with the notice requirement of division (A) of section 4781.41 of the Revised Code, or that the resident was not current in rent payments due under the rental agreement at the time the resident initiated rent deposits with the clerk of courts under division (B)(1) of section 4781.41 of the Revised Code;
(3) Apply to the court for release of the rent on the grounds that there was no violation of any obligation imposed upon the park operator by section 4781.38 of the Revised Code or by the rental agreement, or by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied.
(B) The resident shall be named as a party to any action filed by the park operator under this section, and shall have the right to file an answer and counterclaim, as in other civil cases. A trial shall be held within sixty days of the date of filing of the park operator's complaint, unless for good cause shown the court grants a continuance.
(C) If the court finds that there was no violation of any obligation imposed upon the park operator by section 4781.38 of the Revised Code or by the rental agreement, or by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied, or that the resident did not comply with the notice requirement of division (A) of section 4781.41 of the Revised Code, or that the resident was not current in rent payments at the time the resident initiated rent deposits with the clerk of court under division (B)(1) of section 4781.41 of the Revised Code, the court shall order the release to the park operator of rent on deposit with the clerk, less costs.
(D) If the court finds that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code was the result of an act or omission of the resident, or that the resident intentionally acted in bad faith in proceeding under section 4781.41 of the Revised Code, the resident shall be liable for damages caused to the park operator, and for costs, together with reasonable attorneys' fees if the resident intentionally acted in bad faith.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.44 | Partial Release of Rent Before Trial.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) If a park operator brings an action for the release of rent deposited with a clerk of court, the court may, during the pendency of the action, upon application of the park operator, release part of the rent on deposit for payment of the periodic interest on a mortgage on the premises, the periodic principal payments on a mortgage on the premises, the insurance premiums for the premises, real estate taxes on the premises, utility services, repairs, and other customary and usual costs of operating the premises.
(B) In determining whether to release rent for the payments described in division (A) of this section, the court shall consider the amount of rent the park operator receives from other lots, the cost of operating these lots, and the costs which may be required to remedy the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.45 | Notification of Violation of Rules to Resident.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
If a resident commits a material violation of the rules of the manufactured home park, of the department of commerce division of industrial compliance, or of applicable state and local health and safety codes, the park operator may deliver a written notification of the violation to the resident. The notification shall contain all of the following:
(A) A description of the violation;
(B) A statement that the rental agreement will terminate upon a date specified in the written notice not less than thirty days after receipt of the notice unless the resident remedies the violation;
(C) A statement that the violation was material and that if a second material violation of any park or division rule, or any health and safety code, occurs within six months after the date of this notice, the rental agreement will terminate immediately;
(D) A statement that a defense available to termination of the rental agreement for two material violations of park or division rules, or of health and safety codes, is that the park rule is unreasonable, or that the park or division rule, or health or safety code, is not being enforced against other manufactured home park residents, or that the two violations were not willful and not committed in bad faith.
If the resident remedies the condition described in the notice, whether by repair, the payment of damages, or otherwise, the rental agreement shall not terminate. The park operator may terminate the rental agreement immediately if the resident commits a second material violation of the park or division rules, or of applicable state and local health and safety codes, subject to the defense that the park rule is unreasonable, that the park or division rule, or health or safety code, is not being enforced against other manufactured home park residents, or that the two violations were not willful and not committed in bad faith.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.46 | Recovering Damages.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
In any action under sections 4781.36 to 4781.52 of the Revised Code, any party may recover damages for the breach of contract or the breach of any duty that is imposed by law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.47 | Rental Agreement Terms.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No provision of sections 4781.36 to 4781.52 of the Revised Code may be modified or waived by any oral or written agreement except as provided in division (F) of this section.
(B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a park operator and resident for the recovery of rent or damages to the residential premises.
(C) No agreement to pay the park operator's or resident's attorney fees shall be recognized in any rental agreement for residential premises or in any other agreement between a park operator and resident.
(D) No agreement by a resident to the exculpation or limitation of any liability of the park operator arising under law or to indemnify the park operator for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a park operator and resident.
(E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the park operator's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 4781.38 of the Revised Code.
(F) The park operator may agree to assume responsibility for fulfilling any duty or obligation imposed on a resident by section 4781.39 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.48 | Unconscionability.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) If the court as a matter of law finds a rental agreement, or any clause of it, to have been unconscionable at the time it was made, it may refuse to enforce the rental agreement or it may enforce the remainder of the rental agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(B) When it is claimed or appears to the court that the rental agreement, or any clause of it, may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.49 | Limits on Operator's Right to Recover Possession of Premises.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No park operator of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a resident, or a resident whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 4781., and 5303. of the Revised Code.
(B) No park operator of residential premises shall seize the furnishings or possessions of a resident, or of a resident whose right to possession was terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A park operator who violates this section is liable in a civil action for all damages caused to a resident, or to a resident whose right to possession has terminated, together with reasonable attorneys' fees.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.50 | Security Deposit.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the resident remains in possession of the premises for six months or more, and shall be computed and paid annually by the park operator to the resident.
(B) Upon termination of the rental agreement any property or money held by the park operator as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the park operator has suffered by reason of the resident's noncompliance with section 4781.39 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the park operator in a written notice delivered to the resident together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The resident shall provide the park operator in writing with a forwarding address or new address to which the written notice and amount due from the park operator may be sent. If the resident fails to provide the park operator with the forwarding or new address as required, the resident shall not be entitled to damages or attorneys' fees under division (C) of this section.
(C) If the park operator fails to comply with division (B) of this section, the resident may recover the property and money due the resident, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys' fees.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.51 | Information to Be Contained in Rental Agreement.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Every written rental agreement for residential premises shall contain the name and address of the owner of the residential premises and the name and address of the owner's agent, if any. If the owner or the owner's agent is a corporation, partnership, limited partnership, association, trust, or other entity, the address shall be the principal place of business in the county in which the residential premises are situated or if there is no place of business in such county then its principal place of business in this state, and shall include the name of the person in charge thereof.
(B) If the rental agreement is oral, the park operator, at the commencement of the term of occupancy, shall deliver to the resident a written notice containing the information required in division (A) of this section.
(C) If the park operator fails to provide the notice of the name and address of the owner and owner's agent, if any, as required under division (A) or (B) of this section, the notices to the park operator required under division (A) of sections 4781.41 and 4781.42 of the Revised Code are waived by the park operator and the operator's agent.
(D) Every written rental agreement for residential premises shall contain the following notice in ten-point boldface type:
"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 4781.36 TO 4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL AGREEMENTS IN MANUFACTURED HOME PARKS."
If the rental agreement is oral, the park operator, at the commencement of the term of occupancy, shall deliver the notice to the resident in writing.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.52 | Conflicting Ordinances Preempted.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
No municipal corporation may adopt or continue in existence any ordinance and no township may adopt or continue in existence any resolution that is in conflict with sections 4781.36 to 4781.52 of the Revised Code, or that regulates those rights and obligations of parties to a rental agreement that are regulated by sections 4781.36 to 4781.52 of the Revised Code. Sections 4781.36 to 4781.52 of the Revised Code do not preempt any housing, building, health, or safety codes of any municipal corporation or township.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4781 | Manufactured Homes › Section 4781.54 | Manufactured Homes Regulatory Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The division of real estate and professional licensing shall deposit all the fees collected in the administration and enforcement sections 4781.16 to 4781.25 of the Revised Code into the real estate operating fund created under section 4735.211 of the Revised Code. In addition to the purposes described in section 4735.211 of the Revised Code, money deposited into the fund shall be used as described in sections 4781.16 to 4781.25 of the Revised Code.
(B) The division of industrial compliance shall deposit all fees collected in the administration and enforcement sections of 4781.04 to 4781.14 and sections 4781.26 to 4781.35 of the Revised Code into the industrial compliance operating fund created in section 121.084 of the Revised Code. All money deposited into the fund shall be used to pay the operating expenses of the division or as otherwise described in those sections.
Last updated October 3, 2023 at 2:26 PM