Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-29 - Rental agreements; disclosures; rules; prohibited conditions

Current through all regulations passed and filed through July 1, 2024
(A) The park operator shall offer each home
			 owner a written rental agreement for a manufactured home park lot for a term of
			 one year or more that contains terms essentially the same as any alternative
			 month-to-month rental agreement offered to current and prospective tenants and
			 owners. The park operator shall offer the minimum one-year rental agreement to
			 the owner prior to installation of the home in the manufactured home park, or, if the home is in the manufactured home park, prior to the expiration of
			 the owner's existing rental agreement.
The park operator shall deliver the offer to the owner by
				certified mail, return receipt requested, or in person. If the park operator
				delivers the offer to the owner in person, the owner shall complete a return
				showing receipt of the offer. If the owner does not accept the offer, the park
				operator is discharged from any obligation to make any further such offers. If
				the owner accepts the offer, the park operator shall, at the expiration of each
				successive rental agreement, offer the owner another rental agreement, for a
				term that is mutually agreed upon, and that contains terms essentially the same
				as the alternative month-to-month agreement. The park operator shall deliver
				subsequent rental offers by ordinary mail or personal delivery. If the park
				operator sells the manufactured home park to another manufactured home park
				operator, the purchaser is bound by the rental agreements entered into by the
				purchaser's predecessor.
(B)
			 If the park operator sells the manufactured home park for a use other than as a
			 manufactured home park, the park operator shall give each tenant and owner a
			 written notification by certified mail, return receipt requested, or by handing
			 it to the tenant or owner in person. If the park operator delivers the
			 notification in person, the recipient shall complete a return showing receipt
			 of the notification. This notification shall contain notice of the sale of the
			 manufactured home park and notice of the
			 date by which the tenant or owner shall vacate. The date by which the tenant
			 shall vacate shall be at least one hundred twenty days after receipt of the
			 written notification, and the date by which the owner shall vacate shall be at
			 least one hundred eighty days after receipt of the written
			 notification.
(C) A park operator
			 shall fully disclose in writing all fees, charges, assessments, including
			 rental fees, and rules prior to a tenant or owner executing a rental agreement
			 and assuming occupancy in the manufactured home park. No fees, charges,
			 assessments, or rental fees so disclosed may be increased nor rules changed by
			 a park operator without specifying the date of implementation of the changed
			 fees, charges, assessments, rental fees, or rules, which date shall be not less
			 than thirty days after written notice of the change and its effective date to
			 all tenants or owners in the manufactured home park.
								No fee,
			 charge, assessment, or rental fee shall be increased during the term of any
			 tenant's or owner's rental agreement. Failure on the part of the park operator
			 to fully disclose all fees, charges, or assessments shall prevent the park
			 operator from collecting the undisclosed fees, charges, or assessments. If a
			 tenant or owner refuses to pay any undisclosed fees, charges, or assessments,
			 the refusal shall not be used by the park operator as a cause for eviction in
			 any court.
(D) A park operator
			 shall promulgate rules governing the rental or occupancy of a lot in the
			 manufactured home park. The rules shall not be unreasonable, arbitrary, or
			 capricious. A copy of the rules and any amendments to them shall be delivered
			 by the park operator to the tenant or owner prior to signing the rental
			 agreement. A copy of the rules and any amendments to them shall be posted in a
			 conspicuous place upon the manufactured home park grounds.
(E) No park operator shall require an owner
			 to purchase from the park operator any personal property. The park operator may
			 determine by rule the style or quality of skirting, equipment for tying down
			 homes, manufactured or mobile home accessories, or other equipment to be
			 purchased by an owner from a vendor of the owner's choosing, provided that the
			 equipment is readily available to the owner. Any such equipment shall be
			 installed in accordance with the manufactured home park's rules.
(F) No park operator shall charge any owner
			 who chooses to install an electric or gas appliance in a home an additional fee
			 solely on the basis of the installation, unless the installation is performed
			 by the park operator at the request of the owner; nor shall the park
			 operator restrict the installation, service, or maintenance of the appliance,
			 restrict the ingress or egress of repairpersons to the manufactured home park
			 for the purpose of installation, service, or maintenance of the appliance, nor
			 restrict the making of any interior improvement in a home, if the installation
			 or improvement is in compliance with applicable building codes and other
			 provisions of law and if adequate utility services are available for the
			 installation or improvement.
(G) No
			 park operator shall require a tenant to lease or an owner to purchase a
			 manufactured or mobile home from the park operator or any specific person as a
			 condition of or prerequisite to entering into a rental agreement.
(H) No park operator shall require an owner
			 to use the services of the park operator or any other specific person for
			 installation of the manufactured or mobile home on the residential premises or
			 for the performance of any service.
(I) No park operator shall:
(1) Deny any owner the right to sell the
			 owner's manufactured home within the manufactured home park if the owner gives
			 the park operator ten days' notice of the intention to sell the home;
(2) Require the owner to remove the home from
			 the manufactured home park solely on the basis of the sale of the
			 home;
(3) Unreasonably refuse to
			 enter into a rental agreement with a purchaser of a home located within the
			 operator's manufactured home park;
(4) Charge any tenant or owner any fee,
			 charge, or assessment, including a rental fee, that is not set forth in the
			 rental agreement or, if the rental agreement is oral, is not set forth in a
			 written disclosure given to the tenant or owner prior to the tenant or owner
			 entering into a rental agreement; or
(5) Charge any owner any fee, charge, or
			 assessment because of the transfer of ownership of a home or because a home is
			 moved out of or into the manufactured home park, except a charge for the actual
			 costs and expenses that are incurred by the park operator in moving the home
			 out of or into the manufactured home park, or in installing the home in the
			 manufactured home park and that have not been reimbursed by another tenant or
			 owner.