The legislature finds that at the time of the last great housing shortage in the United States, mobile homes and later manufactured housing that could be owned and placed on a rented lot became a popular solution. As we approach a greater housing crisis, the legislature finds that it is in the state's interest to preserve affordable housing, especially for the aging population. There are manufactured/mobile home parks that specialize in providing affordable housing for citizens aged 55 and older. These parks often have well-kept mobile/manufactured homes that are set on foundations or are not easily movable for other reasons. The legislature finds that it is in the state's interest to preserve this type of housing.
This section adds a new section to an existing chapter 59.20. Here is the modified chapter for context.
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Except as provided in subsection (5) of this section, a landlord must provide a written notice of the opportunity to purchase or lease a 55-plus manufactured/mobile home community or the property on which the community is located by certified mail or personal delivery to each tenant and to the department of commerce and the housing finance commission within:
Three days after the date on which a landlord receives a bona fide offer to purchase or lease the 55-plus manufactured/mobile home community or the property on which it is located and is considering the sale as a result of such offer; or
Fourteen days after the date on which any advertisement, listing, or public notice is first made that the 55-plus manufactured/mobile home community, or property on which it sits, is for sale or lease.
For purposes of this subsection, "bona fide offer" means a signed written statement that sets forth an offered price, a description of the property to be purchased, and any other offer terms and conditions.
The notice of opportunity to purchase required pursuant to subsection (1)(a)(ii) of this section is in addition to the notice of sale required pursuant to RCW 59.20.300.
Notice by certified mail postmarked within the requisite number of days is deemed to comply with the requirements of this section.
A notice of opportunity to purchase must include:
A statement that the landlord is considering the sale or lease of the 55-plus manufactured/mobile home community or the property on which it sits;
A statement that:
Qualified tenant organizations or other eligible organizations have 45 days from the date on which the notice of opportunity to purchase was personally delivered or postmarked to provide the landlord with notice of intent to consider purchasing or leasing the 55-plus manufactured/mobile home community, during which time the landlord shall not make a final acceptance of an offer to purchase or lease the community; and
If such notice of intent is provided to the landlord within 45 days, the landlord shall not make a final unconditional acceptance of an offer to purchase or lease the 55-plus manufactured/mobile home community from a person or entity other than a qualified tenant organization or eligible organization for an additional 120 days; and
The contact information for the landlord or landlord's agent who is responsible for communicating with the qualified tenant organization or eligible organization regarding an opportunity to make an offer for the sale of the property.
A notice of opportunity to purchase is not required with respect to a sale, transfer, conveyance, or lease of the 55-plus manufactured/mobile home community or the property on which it sits where the transaction is:
Due to foreclosure;
Incidental to financing the park;
Pursuant to eminent domain;
Pursuant to a tax sale;
Between joint tenants or tenants in common;
Among the partners or shareholders who own the 55-plus manufactured/mobile home community; or
To a member of the owner's family or to a trust for the sole benefit of members of the owner's family.
If, within 45 days after the date on which a notice of opportunity to purchase was personally delivered or postmarked, the landlord receives notice from a qualified tenant organization or eligible organization expressing an intent to consider purchasing or leasing a 55-plus manufactured/mobile home community or the property on which it is located, the landlord shall not make a final unconditional acceptance of an offer to purchase or lease the community from a person or entity other than a qualified tenant organization or eligible organization for an additional 120 days.
If no qualified tenant organization or eligible organization provides notice expressing an intent to consider the purchase or lease within 45 days after the date on which a notice of opportunity to purchase was personally delivered or postmarked, the landlord is not subject to the restrictions of subsection (6) of this section.
This section modifies existing section 59.20.305. Here is the modified chapter for context.
Except as provided in subsection (2) of this section, a landlord intending to sell a manufactured/mobile home community is encouraged to negotiate in good faith with qualified tenant organizations and eligible organizations.
A landlord intending to sell or lease a 55-plus manufactured/mobile home community or the property on which it sits shall negotiate in good faith with qualified tenant organizations and eligible organizations. Any qualified tenant organization or eligible organization that submits a notice of intent to purchase or lease a 55-plus manufactured/mobile home community or the property on which it sits pursuant to section 3 of this act is required to negotiate in good faith with the landlord intending to sell or lease the 55-plus manufactured/mobile home community or property on which it sits.
This section adds a new section to an existing chapter 84.36. Here is the modified chapter for context.
An owner of a mobile home park is eligible for a property tax exemption as provided in this section when:
The owner provides tenants of the mobile home park a closure notice longer than the period required under RCW 59.20.080 but up to three years; or
The owner offers a right of first refusal to a qualified tenant organization or eligible organization in accordance with section 3 of this act.
The property is exempt from all property taxes payable beginning in the next succeeding calendar year and each subsequent year during the exemption period under this section, which may not exceed a period of 36 months.
A claim for exemption under this section may be made and filed with the county assessor at any time during the year for exemption from taxes payable the following year. The owner of the mobile home park must certify on the application for exemption that notice was given in accordance with the requirements of section 3 of this act or RCW 59.21.030, as applicable.
Any amount of property tax exempted under this section is due and payable immediately, subject to interest and penalties under RCW 84.56.020, if the mobile home park is closed or converted before the end of the closure notice period or if the mobile home park is sold to a party that was not offered the right of first refusal.
For the purposes of this section, "mobile home park" has the same meaning as in RCW 59.20.030.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.