Michigan Compiled Laws Act 96 Of 1987 The Mobile Home Commission Act (125.2301 - 125.2350)

AN ACT to create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts.

History: 1987, Act 96, Imd. Eff. July 6, 1987

Section 125.2301 Short Title.
This act shall be known and may be cited as “the mobile home commission act”. History: 1987, Act 96, Imd. Eff. July 6, 1987...
Section 125.2302 Definitions.
As used in this act: (a) "Campground" means a campground as defined in section 12501 of the public health code, 1978 PA 368, MCL...
Section 125.2303 Mobile Home Commission; Creation; Appointment, Qualifications, And Terms Of Members; Vacancy; Compensation And Expenses; Quorum; Action By Commission; Meetings; Chairperson And Vice-chairperson; Removal Of Member; Disclosure Of Pecuniary Interest.
(1) The mobile home commission is created within the department of commerce. (2) The commission consists of 11 members appointed by the governor with...
Section 125.2304 Powers Of Commission; Duties Of Director; Prohibition; Exception.
(1) The commission may do all of the following: (a) After consultation with and considering comments from representatives of the manufactured housing industry and...
Section 125.2305 Mobile Home Code; Promulgation; Rules.
(1) After consultation with and considering comments from representatives of the manufactured housing industry and other interested parties, the department shall promulgate the mobile...
Section 125.2306 Promulgation Of Rules By Department Of Environmental Quality; Representatives Of Local Government To Act In Advisory Capacity; Procedures For Effective Coordination.
(1) After consultation with and considering comments from representatives of the manufactured housing industry and other interested parties, the department of environmental quality shall...
Section 125.2307 Higher Standard Proposed By Local Government; Filing; Rules; Implementation; Review; Approval; Adoption By Ordinance; Relation Of Ordinance To Specific Section Of Code; Standard Not Subject To Filing Requirement; Design Of Ordinance; Standard For Setup Or Installation Of Mobile Homes; Prohibited Standards; Aesthetic Standards; Inspections; "Inspection For Safety" Defined.
(1) Except as provided in subsection (7), a local government that proposes a standard related to mobile home parks or seasonal mobile home parks,...
Section 125.2308 Exemptions.
This act shall not apply to property used for housing agricultural labor forces or campgrounds. History: 1987, Act 96, Imd. Eff. July 6, 1987
Section 125.2309 Rules Establishing Fees And Charges For Licenses Or Permits; Application Of Fees And Charges; Funding For Commission; Rules To Adjust Fees; Mobile Home Code Fund; Creation; Administration; Disposition Of Fees And Money; Unexpended Funds.
(1) After consultation with and considering comments from representatives of the manufactured housing industry and other interested parties, the department shall promulgate rules to...
Section 125.2310 Reproducing Documents Requested As Public Record.
Upon request and at reasonable charges as the commission prescribes, the department shall furnish to a person a reproduction pursuant to the records media...
Section 125.2311 Preliminary Plan For Development Of Mobile Home Park Or Seasonal Mobile Home Park; Submission; Contents; Review; Preliminary Approval.
(1) A person who desires to develop a mobile home park or a seasonal mobile home park shall submit a preliminary plan to the...
Section 125.2312 Submission Of Legal Documents And Final Plans Draft; Application Fee; Review; Approval; Issuance Of Construction Permit.
(1) When all preliminary approvals are made, the developer shall submit the legal documents and the final plans draft to the department. (2) The...
Section 125.2313 Construction Permit Required.
(1) A person shall not construct a mobile home park or seasonal mobile home park without obtaining a permit issued by the department. (2)...
Section 125.2314 Affidavit.
Upon completion of the construction of the mobile home park or seasonal mobile home park, the owner or operator of the park and a...
Section 125.2316 License To Operate Mobile Home Park Or Seasonal Mobile Home Park Required; Term; Issuance; Rules; Report; Fees; Licensure Of Campground As Seasonal Mobile Home Park.
(1) A person shall not operate a mobile home park or seasonal mobile home park without a license. The term of a license is...
Section 125.2316a Occupancy Of Mobile Home In Seasonal Mobile Home Park.
Mobile homes located in a seasonal mobile home park may be occupied on a full-time basis from April 1 to October 31, but shall...
Section 125.2317 Inspection Of Mobile Home Parks And Seasonal Mobile Home Parks; Report; Findings; Inspection For Purpose Other Than Issuing Or Renewing License.
(1) The department or its authorized representative shall conduct a physical inspection of mobile home parks and seasonal mobile home parks in accordance with...
Section 125.2318 Variances.
(1) A variance in the design and construction of a mobile home park or seasonal mobile home park may be granted upon notice of...
Section 125.2321 Licensing Mobile Home Dealers, Installers, Or Repairers; Initial Or Renewal License; Application; Consent To Service Of Process; Duration And Expiration Of License; License Fee; License Of Successor; Continuation Of Sales.
(1) A mobile home dealer shall not engage in the retail sale of a mobile home without a license. (2) A mobile home dealer,...
Section 125.2322 Mobile Home Dealer; Surety Bond; Deposit; Rules.
The commission may promulgate rules to require a licensed mobile home dealer to post a surety bond in an amount up to $10,000.00 for...
Section 125.2323 Mobile Home Dealer; Accounts And Other Records.
A licensed mobile home dealer shall make and keep accounts, and other records as the commission prescribes by rule. The records required shall be...
Section 125.2324 Mobile Home Dealer; Prohibited Conduct.
A mobile home dealer shall not: (a) Advertise or represent a mobile home as other than calendar or model year. (b) Misapply consumer deposits...
Section 125.2325 Installation And Setup Of Mobile Home; Rules; Licensing Requirements.
(1) The commission shall promulgate rules relating to the responsibility of the mobile home dealer, mobile home installer, and the mobile home park or...
Section 125.2327 Mobile Home, Mobile Home Site, Or Equipment; Fraudulent Practices.
(1) A person shall not, in connection with the offer, sale, purchase, or rental of a mobile home, mobile home site, or equipment, relating...
Section 125.2328 Owner Or Operator Of Mobile Home Park Or Seasonal Mobile Home Park; Unfair Or Deceptive Practices; Action By Tenant; Violation Of Water Utility Tariffs; Qualification Of Owner For Regulation As Water Utility; Report.
(1) An owner or operator of a mobile home park or seasonal mobile home park shall not engage, or permit an employee or agent...
Section 125.2328a Rules Or Regulations Governing Physical Condition And Aesthetic Characteristics Of Mobile Homes; Applicability Of Subsection (1)(f); Expense Of Moving Mobile Home To Comparable Site; Termination Of Tenancy For Just Cause; Appraisal And Sale Of Mobile Home; Burden Of Showing Compliance With Subsection (1).
(1) Mobile home park rules or regulations may include provisions governing the physical condition of mobile homes and the aesthetic characteristics of mobile homes...
Section 125.2328b Children And Pets; Enforcement Of Rules.
A mobile home park rule that does either of the following shall not be enforced against a resident, unless the rule was proposed and...
Section 125.2328c Action To Terminate Tenancy; Liquidated Damages.
(1) A lease or rental agreement or rules or regulations that are adopted pursuant to a lease or rental agreement may include a provision...
Section 125.2329 Shutoff Of Utility Service For Nonpayment; Notice.
A utility company shall notify the department 10 days before shutoff of service for nonpayment, including sewer, water, gas, or electric service, when the...
Section 125.2330 Mobile Home Subject To Certificate Of Title Provisions.
(1) After December 31, 1978, every mobile home located in this state shall be subject to the certificate of title provisions of this act,...
Section 125.2330a Certificate Of Title; Application; Form; Fee; Signature; Acknowledgment; Contents; Bond; Examination Of Application; Determination; Investigation; Additional Information; Rejection Of Application; Duplicate, Replacement, Or Corrected Title; Placing Or Terminating Lien On Title; Placing Name On Title; Fee; Application For Duplicate Title.
(1) An owner of a mobile home which is subject to the certificate of title provisions of this act shall apply to the department...
Section 125.2330b Certificate Of Title; Issuance; Contents; Mailing Or Delivering To Owner Or Other Person.
(1) The department upon receipt of the required application and fees shall issue a certificate of title except as otherwise provided. (2) The certificate...
Section 125.2330c Transfer Or Assignment Of Title Or Interest; Indorsement; Mailing Or Delivering Certificate; Effective Date Of Transfer; Issuance Of New Certificate; Fee; Reservation Or Creation Of Security Interest; Mobile Home Dealer As Transferee; Transfer Of Dealer's Title Or Interest.
(1) If the owner of a mobile home transfers or assigns the owner's title or interest to the mobile home, the owner shall indorse...
Section 125.2330d Creation Of Security Interest In Mobile Home; Assignment Of Security Interest; Assignee Named As Holder Of Security Interest; Perfection Of Security Interest; Termination Statement; Issuance Of New Certificate.
(1) All of the following apply if an owner named in a certificate of title creates a security interest in the mobile home described...
Section 125.2330e Termination Of Owner's Interest By Enforcement Of Security Agreement; Duty Of Transferee; Duty Of Holder Of Security Interest; Mailing Or Delivering Certificate; Application For New Certificate; Affidavit; Issuance Of New Certificate; Demand For Outstanding Certificate.
(1) If the interest of the owner in a mobile home is terminated by the enforcement of a security agreement, the transferee of the...
Section 125.2330f Filing Surrendered Certificate Of Title; Maintaining File For Period Of 10 Years.
The department shall retain and appropriately file every surrendered certificate of title. The file shall be maintained so as to permit the tracing of...
Section 125.2330g Cancellation Of Or Refusal To Issue Certificate Of Title; Grounds; Notice; Hearing.
(1) The department may cancel or refuse to issue a certificate of title: (a) If the department is satisfied that the certificate of title...
Section 125.2330h Rules.
The commission in consultation with the secretary of state shall promulgate rules, which shall further define and distinguish between the term mobile home as...
Section 125.2330i Affixation Of Mobile Home To Real Property; Ownership Interest.
(1) If a mobile home is affixed to real property in which the owner of the mobile home has the ownership interest, the owner...
Section 125.2331 Action To Rescind Transaction And Recover Damages.
A person who offers, sells, or purchases a mobile home or equipment or a mobile home site in violation of this act or the...
Section 125.2332 Certain Conditions, Stipulations, Or Provisions Voided.
A condition, stipulation, or provision binding a person to waive compliance with this act or a rule promulgated or order issued under this act...
Section 125.2333 Statute Of Limitations; Rejection Of Valid Rescission As Bar To Action.
A person may not bring an action under this act more than 3 years after the contract of sale, except that a person suing...
Section 125.2335 Service Of Process.
(1) A person who applies for a license or permit under this act which is for other than a domestic corporation shall file with...
Section 125.2336 Powers Of Department, Prosecuting Attorney, Or Law Enforcement Officer; Evidence; Copies Of Pleadings; Assistance To Local Government Or State Agency.
(1) The department, a prosecuting attorney, or a law enforcement officer of a municipality may: (a) Make public or private investigations within or without...
Section 125.2337 Administrative Proceedings; Notice; Response; Assurance Of Discontinuance.
(1) Before commencement of administrative proceedings, the department may issue a statement of intent to commence proceedings to persons who are subjects of an...
Section 125.2338 Order To Show Cause; Grounds; Notice To Show Cause; Stopping Construction After Notice And Opportunity For Hearing.
(1) The department may issue an order to show cause why an order imposing sanctions or penalties allowed under this act should not be...
Section 125.2339 Entry And Notice Of Order To Show Cause; Hearing; Powers Of Department For Purpose Of Investigation Or Proceeding; Order Of Circuit Court For Information; Issuance Of Subpoenas Or Orders.
(1) Upon the entry of an order to show cause under this act, the department shall promptly notify the applicant that the order was...
Section 125.2340 Effect Of Appeal.
An appeal to a court of competent jurisdiction pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of...
Section 125.2341 Injunction.
The department, a prosecuting attorney, or municipal attorney may bring an action in a court of competent jurisdiction against a person to enjoin that...
Section 125.2342 Violation As Misdemeanor; Penalty.
A person who violates this act or the code promulgated under this act is guilty of a misdemeanor punishable by a fine of not...
Section 125.2343 Violation Of Act; Penalties; Disposition Of Fine; Notice Of Determination To Local Government, Owner, Operator, And Surety; Failure To Perform Or Commence Maintenance Or Repair; Extension; Expenses; Actions Under Other Provisions Not Prohibited; Pursuit Of Lawful Rights.
(1) If, after notice and a hearing as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, a...
Section 125.2343a Summary Suspension Of License.
If the department finds that the health, safety, or welfare requires emergency action, and incorporates that finding in its order, summary suspension of a...
Section 125.2344 Remedies Not Mutually Exclusive.
The remedies provided for in this act are not mutually exclusive and the department may use as many remedies as it considers necessary. History:...
Section 125.2345 Other Prosecution And Enforcement Not Prohibited.
(1) This act shall not be construed to prohibit the prosecution or punishment of a person for conduct which constitutes a crime by statute...
Section 125.2348 Order To Correct Violation; Imminent Threat To Health Or Safety; Failure Of Owner Or Operator To Comply With Order; Enforcement Action; Motion For Preliminary Injunction Or Other Temporary Relief; Service Of Complaint And Summons; Duties And Powers Of Court; Lien.
(1) If the department orders the owner or operator of a mobile home park or seasonal mobile home park to correct a violation of...
Section 125.2348b Imminent Danger To Health Or Lives Of Individuals; Order By Local Health Department.
If the condition of a mobile home park or seasonal mobile home park is an imminent danger to the health or lives of individuals,...
Section 125.2349 Legislative Intent And Declarations.
This act is intended to eliminate the confusion with respect to the legal status of Act No. 419 of the Public Acts of 1976...
Section 125.2350 Availability Of List Of Powers And Duties Of State Or Local Governmental Entity.
Any state governmental entity or local government that exercises powers or performs duties under this act shall make publicly available a list of its...

Last modified: October 10, 2016