Manufactured Housing Dispute Resolution Program - Amazon Web ...

Report 2 Downloads 80 Views
Manufactured Housing Dispute Resolution Program 2012 Annual Report to the Washington State Legislature

Washington State Office of Attorney General

Rob McKenna

Washington State Attorney General - Rob McKenna

Table of Contents EXECUTIVE SUMMARY

1

MANUFACTURED HOUSING DISPUTE RESOLUTION PROGRAM OVERVIEW

2

PROGRAM STATISTICS

3

OUTREACH

6

COMMUNITY REGISTRATION

6

RECOMMENDATIONS TO THE LEGISLATURE

6

PROGRAM SUCCESS STORIES

7

2012 Annual Report

Manufactured Housing Dispute Resolution Program Executive Summary HISTORY During the 2007 session, the legislature approved House Bill 1461 authorizing the Attorney General’s Office to create and administer a program to regulate and enforce the Manufactured/ Mobile Home Landlord-Tenant Act, RCW 59.20. RCW 59.30, Manufactured/Mobile Home Communities – Dispute Resolution and Registration, authorizes the Attorney General to resolve disputes informally and, when necessary, impose sanctions and issue orders to bring compliance with RCW 59.20. The Manufactured Housing Dispute Resolution Program was created to implement this legislation and began its operation in July of 2007.

MISSION STATEMENT The mission of the Manufactured Housing Dispute Resolution Program (Program) is to enforce RCW 59.20, educate stakeholders, and foster relationships between manufactured/mobile home community land owners and homeowners. The program facilitates communication among the parties in an effort to resolve disputes and avoid evictions.

LEGISLATIVE INTENT

“The legislature finds that there are factors unique to the relationship between a manufactured/ mobile home tenant and a manufactured/mobile home community landlord. Once occupancy has commenced, the difficulty and expense in moving and relocating a manufactured/mobile home can affect the operation of market forces and lead to an inequality of the bargaining position of the parties. Once occupancy has commenced, a tenant may be subject to violations of the manufactured/ mobile home landlord-tenant act without an adequate remedy at law. This chapter is created for the purpose of protecting the public, fostering fair and honest competition, and regulating the factors unique to the relationship between the manufactured/mobile home tenant and the manufactured/ mobile home community landlord.” (RCW 59.30.010(1))

Following the intent of legislation, the Program provides low-cost dispute resolution for tenants and landlords and enforces RCW 59.20. The Program advances the public interest by identifying possible violations of RCW 59.20 and works with interested parties to assure compliance with the law. Additionally, the program produces and distributes educational materials regarding RCW 59.20 and RCW 59.30, and provides outreach to stakeholders and the public.

1

2012 Annual Report - Manufactured Housing Dispute Resolution Program

Manufactured Housing Dispute Resolution Program Overview

NEGOTIATION Both homeowners and landlords may file a complaint with the Program if they believe there is a violation of RCW 59.20. Once the Program receives a complaint, staff will review the complaint for potential violations of RCW 59.20. If the complaint raises a potential violation of RCW 59.20, Program staff will contact the parties about the complaint, and specifically will give the party about whom the complaint is made the opportunity to respond. Program staff will then contact each party to gain an understanding of the situation and may request additional information that may be useful in helping the parties negotiate a resolution of the complaint. Program staff use this negotiation process to educate the parties about the law in an effort to bring compliance or compromise.

If the parties continue to have communication problems or issues that do not raise a potential violation of RCW 59.20, Program staff will refer the parties to in-person mediation services offered by local Dispute Resolution Centers that can help facilitate resolution of future issues that may arise. If negotiation fails to produce satisfactory results of the alleged violations or there is a failure to cooperate with the Program, the Program staff will review the complaint and decide further investigation is warranted. RCW 59.30 vests the program with discretion to investigate complaints if the parties are unable to resolve them during negotiation.

INVESTIGATION AND DETERMINATION

The Program may conduct formal investigations of complaints, which include but are not limited to, comprehensive record reviews, site visits, and witness interviews. The Program is authorized to issue subpoenas to gather information. An investigation does not foreclose the parties from engaging in further negotiations to resolve the complaint. At the conclusion of a formal investigation the Attorney General’s Office will make a written determination on whether a violation of RCW 59.20 has occurred. In making this determination, the Attorney General will consider the intent of the legislature, case law, and previous Program determinations. The determination may include a written notice of violation or nonviolation, an order to cease and desist or to take affirmative actions, fines, and penalties. Either party may appeal an notice of violation or nonviolation and request an administrative hearing before an administrative law judge (ALJ).

FINING AUTHORITY

The Program has had great success in achieving compliance without litigation or the imposition of fines. To date, the Program has issued a total of three fines. At this juncture, the Program does not foresee fines as a significant source of revenue for the program because our efforts to arrive at negotiated settlements have achieved voluntary compliance without having to issue fines.

2

PROGRAM STATISTICS The following information was obtained from our database for the reporting period beginning December 1, 2011 through November 30, 2012. 1. The number of complaints received. Complaints received from

TENANTS 328

2. Telephone, Web and Mail Communications.

LANDLORDS 14

The Program received approximately 1,051 calls from “first time callers” during this reporting period. The callers were provided with information and education on RCW 59.20 and 59.30, the Program, and the dispute resolution process. Program staff send callers a complaint form or direct them to the AGO website to file a complaint on-line. In addition, callers receive assistance with problem solving and self-help strategies surrounding issues outside the parameters of RCW 59.20 and 59.30 and the Program. Approximately 298 constituents requested and were mailed information, including copies of RCW 59.20, RCW 59.30, complaint forms, and brochures. The Program also received approximately 67 general requests for information about manufactured housing issues.

3. The nature and extent of the complaints received and issues complained of. ISSUE1 TENANTS LANDLORDS Rental agreements 66 0 Permanent structures 53 0 Rent raise 51 1 Utilities 48 0 Road Maintenance 38 0 Rules & enforcement 38 9 General maintenance 36 6 Fees 31 1 Failed communication attempts 27 5 Infestation 23 0 Health, safety or sanitation 22 0 Screening/denial of sale or tenancy 21 0 Rent receipts 21 0 Non-payment of rent 17 1 LL/T personality conflicts 15 1 Trees 14 1 Tenant to tenant dispute 11 1 Privacy Issues 10 0

ISSUE1 TENANTS LANDLORDS Pets 10 1 Guests 9 1 Duty to comply with laws & codes 9 1 Deposits 7 0 Retaliation 6 0 Unlawful eviction 6 0 Notice of rent increase 4 1 Repair timeline 4 0 Live-in care providers 4 0 Residential Landlord-Tenant 3 0 Closing community 3 0 Permanent residence RVs 2 0 Title of MH 2 0 Restriction/choice of goods or services 2 0 For Sale Sign 1 0 Lot Description 1 0 Prevent entry/require removal of MH 1 0 Prevention of meetings 1 0

1. Complaints often allege multiple issues including some that are outside the scope of RCW 59.20. The MHDRP’s database tracks multiple issues of a complaint with the primary issue being the basis for dispute resolution.

3

2012 Annual Report - Manufactured Housing Dispute Resolution Program

4. The outcome for each complaint received. COMPLAINTS CLOSED (PRIOR TO INVESTIGATION) Issues resolved with compliance of RCW 59.20 following negotiation or during investigation No violation of RCW 59.20; no further investigation necessary Issues outside jurisdiction of RCW 59.20 Complaints and inquiries that cannot be negotiated (e.g. anonymous complaints; information only; no resolution requested) Complainant cannot be reached for dispute resolution. Not a manufactured housing community Initiated formal investigation

TENANTS 123 115 47 27 26 5 14

LANDLORDS 11 1 0 1 0 0 1

Complaint closures prior to formal investigation Issues resolved with RCW 59.20 compliance - 40% No violation of RCW 59.20 and no further investigation necessary - 34% Issues outside jurisdiction of RCW 59.20 or complaint cannot be reached for dispute resolution - 22% Assigned to investigation - 4%

Dispositions of complaints over which MHDRP had jurisdiction

Issues resolved with RCW 59.20 compliance - 50%

No violation of RCW 59.20 and no further investigation necessary - 44% Assigned to investigation - 6%

4

INVESTIGATION AND DETERMINATION Notice of Violation Notice of Nonviolation Voluntary Compliance Administrative Closure Order to Cease and Desist or Affirmative Action Fines

TENANTS 3 2 6 2 0 0

LANDLORDS 0 0 0 0 0 0

Determinations Issued Notice of Violation - 23% Notice of Nonviolation - 16% Voluntary Compliance - 22% Administrative Closure* - 15% *There is not enough information for the program to make a determination and the complaint is closed. This status may change if we obtain additional information.

5. Recoveries During this reporting period program recovered $120,913.16 for complainants ($118,525 through negotiations and $2,388.16 through following investigations and determinations). The above recoveries involved the following violations of RCW 59.20: improper rent increases, utility fees in excess of actual utility costs, improper assessments of fees, security deposits, maintenance of utilities, and maintenance of permanent structures. 6. Top 5 issues reported in complaints: BY TENANTS 1. Issues regarding rental agreement 2. Landlord transferring maintenance of permanent structures 3. Issues surrounding rent raises and/or fees, including improper notice 4. Utilities, including maintenance of or overcharging for 5. Landlord not enforcing park rules per RCW 59.20.045

BY LANDLORDS 1. Tenant not following park rules 2. General maintenance of rented lot 3. Tenant not paying rent, fees or other charges 4. Tenant not following laws or local codes 5. Unauthorized guests 5



2012 Annual Report - Manufactured Housing Dispute Resolution Program

OUTREACH OUTREACH TO REFERRAL AGENCIES AND ORGANIZATIONS The Program receives referrals from a network of landlord and tenant organizations, and legal service providers from around the state. This year the Program hosted its annual stakeholders meeting designed to elicit feedback about our Program. This meeting provided an opportunity for interested parties to learn about the Program, ask questions, and further advance how we can better serve our constituents.

This year, Program staff met with approximately 30 attorneys from legal services organizations and provided them with information on RCW 59.20 and how they can make appropriate referrals to the Program. Additionally, Program staff attended several events organized by tenants and landlords and provided information about the Program and RCW 59.20. The Program had a successful year in reaching out to stakeholders and constituents and plans to continue this trend into the next reporting period.

MANUFACTURED/MOBILE HOME COMMUNITY REGISTRATION In July 2011, the Department of Revenue was designated to administer the annual registrations of all manufactured/mobile home communities. This includes maintaining a database of all the communities, the collection of annual fees, and the enforcement of penalties for noncompliance of RCW 59.30. The Department of Revenue has identified approximately 1,392 registered manufactured/mobile home communities and 62,265 rented mobile home lots throughout the Washington state.

RECOMMENDATIONS TO LEGISLATURE

The Program does not have recommendations for legislation during the 2013 Legislative Session but may consider legislative changes in the future should the need arise.

6

PROGRAM SUCCESS STORIES The Program received numerous complaints from tenants in a single community in Western Washington. The tenants alleged they were being charged in excess of actual utility costs as prohibited by law, RCW 59.20. Through our negotiation process, the Program resolved these matters by educating both parties of their rights and obligations under RCW 59.20 regarding utility costs. As a result, the park owner ceased the practice of overcharging its tenants and corrected its form of billing to coincide with the city’s utility rates. Resolution of these matters resulted in a total of $35,071.52 in credits to individual tenants within the community.

In October 2012, a tenant complained to the Program that despite selling their manufactured home and moved out of the community three years ago, they had not been provided a refund of their security deposit. They had made multiple communication attempts with the landlord that resulted in no response. The Program was able to successfully engage in negotiations with the landlord, which included education about landlord obligations under RCW 59.20. As a result, the landlord refunded the security deposit in the amount of $500. In May 2012, the Program received a request for dispute resolution regarding a disputed amount of past due rent and late fees the tenant owed to the park. The Program successfully negotiated with the tenant to pay the applicable fees. The tenant made the landlord whole in the amount of $380. Although the tenant initiated the request, Program staff recognized the tenant was in violation of RCW 59.20 for failure to be current on rent. By facilitating the tenant’s payment of past-due rent and late fees, the Program helped avoid a potential eviction. Throughout 2012, numerous landlords sought the assistance of the Program to oblige tenants to maintain their rented lots in a clean and sanitary manner, as required by RCW 59.20. This included, but was not limited to, the removal of excess garbage, furniture, non-operational vehicles, old appliances, rodents, and other debris from the rented lot. The Program was able to educate the tenants on their duties and obligations under the RCW 59.20. Additionally, the Program scheduled on-site meetings with tenants and landlords to help ensure compliance and create timelines for completion. Subsequently, all tenants complied and responded with improvements to their individual lots and ultimately avoided potential eviction.

7

OFFICE OF ATTORNEY GENERAL ROB MCKENNA 800 Fifth Ave, Suite 2000 Seattle, WA 98104 1-866-924-6458 206-464-6049 www.atg.wa.gov