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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5865 April 8, 1981 COMMERCE, DEPARTMENT OF: Enforcement of mobile home park tenants' rights MOBILE HOMES: Rights of tenants in mobile home park Mobile home part tenants enjoy the same legal rights as any other tenants of residential accommodations pursuant to rental agreements, including, but not limited to, rights protected by the security deposit act, the summary proceedings act, the Truth-in-Renting Act, and the Elliott-Larsen Civil Rights Act. In addition to private action brought by a tenant, a mobile home park tenant's rights may be enforced by the Department of Commerce and the Mobile Home Commission. Honorable Thomas H. Brown State Representative The Capitol Lansing, Michigan Honorable William Faust State Senator The Capitol Lansing, Michigan You have requested my opinion on tenants' rights in mobile home parks. Your question will be addressed in the context of the mobile home park business, the landlord-tenant relationship in mobile home parks, and the legal rights and remedies available to mobile home park residents. Mobile home parks present a different and original housing situation. Unlike the traditional landlord-tenant relationships where the landlord owns the housing unit and the land upon which it is situated, the mobile home park is unique because the tenant generally owns the mobile home and leases the lot upon which the mobile home is placed. With the evolution of the mobile home from its earlier trailer status to today's primary component of the manufactured housing industry, former mobility has been largely lost once the structure is transported from the factory to its site in the mobile home park. Michigan has a number of statutes which regulate various aspects of the landlord-tenant relationship. Mobile home park tenants enjoy the protections of these laws the same as other tenants. Most of these laws are made specifically applicable to mobile home park tenants. By way of illustration, the core of tenants' rights law made specifically applicable to mobile home parks include: 1. The security deposit act, 1972 PA 348; MCLA 554.601 et seq; MSA 26.1138(1) et seq, [made applicable to 'mobile home spaces' at Section 1(a)], which regulates the use and disposition of monies held as security, requires inventory checklists for damage claims, and regulates deductions for damages to premises. 2. The summary proceedings act, 1972 PA 120, as amended; MCLA 600.5701 et seq; MSA 27A.5701 et seq, [made applicable to 'mobile trailer homes' at Section 5701(b)], which regulates civil actions to recover possession of premises and eviction actions for non-payment of rents. 3. The Truth-in-Renting Act, 1978 PA 454; MCLA 554.631 et seq; MSA 26.1138(31) et seq, [made applicable to 'a mobile home, a mobile home space' at Section 2(b)], which regulates the content provisions of leases and prohibits the inclusion of certain clauses or provisions in leases. 4. Article 5 of the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended; MCLA 37.2501 et seq; MSA 3.548(501) et seq, [made applicable to 'mobile home . . ., mobile home park, trailer park' at Section 501(a)], which prohibits discriminatory practices in real estates transactions, including rental or lease of property. Another important tenants' rights law is the forcible entry and detainer statute, 1976 PA 300; MCLA 600.2918; MSA 27A.2918, which forbids the unlawful interference with use of force, changing of locks, boarding of the premises, removal of doors, or causing an interruption of services or introduction of nuisances. A prevailing party in an action under this act is entitled to treble damages or $200.00, whichever is greater, in addition to recovery of possession. Mobile home parks are regulated by the Mobile Home Code Commission which was created by the Mobile Home Commission Act, 1976 PA 419, as amended; MCLA 125.1101 et seq; MSA 19.855(1) et seq, with the power to: (1) promulgate rules to implement and administer that Act, (2) establish a uniform policy relating to all phases or mobile home business and use, and (3) determine the sufficiency of local mobile home ordinances. Pursuant to this act, the Mobile Home Commission has promulgated the Mobile Home Code, Administrative Code 1978 AACS, R 125.1101-R 125.1305, 1979 AACS, R 125.1120-R 125.2009, and 1979 AACS, R 125.1101-R 125.2007. Rule 1005, 1980 AACS, R 125.2005, as last amended on May 1, 1980, provides: 'Rule 1005. (1) A minimum 1-year lease shall be offered for each mobile home site. The lease offered shall conform to the procedures set forth in Act No. 348 of the Public Acts of 1972, being Sec. 554.601 et seq. of the Michigan Compiled Laws, and the procedures set forth in Act No. 454 of the Public Acts of 1978, as amended, being Sec. 554.631 et seq. of the Michigan Compiled Laws. '(2) If a tenant refuses a lease, the park may require a written statement of refusal. Such refusal shall not be construed as a waiver of any of the tenant's rights as guaranteed by law. '(3) A park may offer different terms of tenancy as between tenants with a lease and tenants without a lease. '(4) A security deposit received by a park shall be maintained pursuant to the procedures set forth in Act No. 348 of the Public Acts of 1972. '(5) An inventory checklist shall be utilized at the beginning and termination of the tenancy to determine damages. The procedure set forth in Act No. 348 of the Public Acts of 1972 shall be complied with.' Simply stated, this rule says that a mobile home park operator must comply with the security deposit act, supra, and the Truth-in-Renting Act, supra, which places the landlord under no greater obligation that what is already required. In addition to private enforcement remedies under these two acts, the Department of Commerce has enforcement powers under the Mobile Home Commission Act, supra. Should a mobile home park operator not comply with the provisions of Rule 1005, then the operator would be subject to the administrative remedies contained in the Mobile Home Commission Act, supra, Sec. 38(1): 'The department may issue an order to show cause why an order denying, suspending, or revoking a license or barring or suspending a person from mobile home development, sales, or management of a mobile home park or dealership should not issue if it finds that the order is in the public interest, and any of the following: ' (b) A provision of this act, or rule, order, or condition lawfully imposed under this act, was not complied with or was violated in connection with the offering by the person filing the document; the developer, dealer, or operator; a partner, officer, director, proprietor, or manager of the developer, dealer, or operator; or a person directly or indirectly controlling, or directly controlled by, the developer, dealer, or operator.' There are additional sanctions contained in the Mobile Home Commission Act, supra, Secs. 41 and 42: 'Sec. 41. The department, a prosecuting attorney, or municipal attorney may bring an action in a court of competent jurisdiction against a person to enjoin that person from engaging or continuing in a violation of this act, a rule promulgated under this act. 'Sec. 42. A person who violates this act or the code promulgated under this act is guilty of a misdemeanor punishable by a fine of not more than $500.00 per day for each separate violation or imprisonment for not more than 1 year, or both.' You have also requested my opinion on who is the enforcing agency for 1968 PA 286, which amended the Housing Law of Michigan, 1917 PA 167, as amended; MCLA 125.401 et seq; MSA 5.2771 et seq, (1) and whether the Mobile Home Commission is the enforcing agency. 1968 PA 286 was one of five acts passed by the Legislature in the spring of 1968 as part of a tenants' rights package. The companion acts were 1968 PA 267, 1968 PA 295, 1968 PA 297, and 1968 PA 344. 1968 PA 286 established new housing code enforcement provisions and provided, among other remedies, that tenants may sue to enforce the code and seek damages. Construing an earlier version of the housing law, OAG, 1967-1968, No 4593, p 133, 137 (October 4, 1967), stated: 'Under the housing law of Michigan, Act 167, P.A. 1917, as amended, C.L. 1948 Sec. 125.401 et seq.; M.S.A. 1958 Rev. Vol. Sec. 5.2771, et seq., the legislature provides regulation for the maintenance, alteration and improvement of dwellings. The act applies to every city and organized village which has a population of 100,000 or more, as well as others that meet specified criteria. 'Section 9 of the housing law confers upon the state board of health the power to examine into the enforcement of the act, while Sections 4, 99, 111, 112 and 113 empower the local health officer, or such appropriate public official as the mayor or the president may designate, to enforce the act. 'In answering your question, I am of the opinion that the 'proper authorities' to enforce the act would be the local health department, local building inspectors, or other officials designated by the appropriate local officials. In addition, the state board of health has the power to examine into the enforcement of the said housing law.' 1968 PA 286 amended the Housing Law of Michigan, supra, to repeal Sections 99, 111, 112 and 113 and add Sections 2a and 123 thereto, which provide: 'Sec. 2a. As used in this act: 'Enforcing agency' means the designated officer or agency charged with responsibility for administration and enforcement of this act.' 'Sec. 123. The governing body of a municipality to which this act by its terms applies, or the governing body of a municipality which adopts the provisions of this act by reference, shall designate a local officer or agency which shall administer the provisions of the act, and if no such officer or agency is designated then the local governing body shall be responsible for administration of the act. Municipalities may provide, by agreement, for the joint administration and enforcement of this act where such joint enforcement is practicable.' Accordingly, the enforcing agency is that person or agency designated by a municipality's governing body to be responsible for administration of the act. If no designation is made, then the local governing body is itself the enforcing agency. Nowhere is the Mobile Home Commission empowered to administer or enforce the housing law, supra, nor does the housing law make any provision concerning the Mobile Home Commission. The Mobile Home Commission is not an enforcing agency for purposes of the housing law, supra. It is, therefore, my opinion that mobile home park tenants enjoy the same legal rights as any other tenants of residential accommodations pursuant to rental agreements, including, but not limited to, rights protected by the security deposit act, supra, the summary proceedings act, supra, the Truth-in-Renting Act, supra, and the Elliott-Larsen Civil Rights Act, supra. It is further my opinion that in addition to private action brought by a tenant, a mobile home park tenant's rights may be enforced by the Department of Commerce and the Mobile Home Commission. Frank J. Kelley Attorney General (1)
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