Wisconsin Legislature: ATCP 125.01(5)

Chapter ATCP 125

MANUFACTURED HOME COMMUNITIES — FAIR TRADE PRACTICES

ATCP 125.01 Definitions.

ATCP 125.02 Tie-in sales; separate or discriminatory charges.

ATCP 125.03 Rental agreement; requirements.

ATCP 125.04 Rental agreement; limitations.

ATCP 125.05 Changes in rental terms or manufactured home community rules.

ATCP 125.06 Sale of manufactured home; transfer of tenancy.

ATCP 125.07 Manufactured home relocation.

ATCP 125.08 Termination of tenancy.

ATCP 125.09 Prohibited practices; general.

Note: Chapter Ag 125 as it existed on May 31, 1976 was repealed and a new chapter Ag 125 was created effective June 1, 1976; Chapter Ag 125 was renumbered chapter ATCP 125 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys’ fees.

Note: Landlord-tenant relationships in manufactured home communities are subject to ch. 704 and s. 710.15, Stats., this chapter and ch. ATCP 134, (Residential Rental Practices). Trade practices related to certain sales of mobile homes are subject to ch. Trans 141, (Manufactured Home Retailer Trade Practices, Facilities and Records).

ATCP 125.01 Definitions. As used in this chapter:

(1e) “CPI” means the annual average consumer price index — all urban consumers, as calculated and published by the United States bureau of labor statistics.

(1m) “Electronic communications service” has the meaning given in s. ATCP 123.01 (5).

(1s) “Manufactured home” means any of the following:

(a) A manufactured home as defined in s. 101.91 (2) (am), Stats.

(b) A unit designed to be towed or transported and used as a residential dwelling, but does not include a unit used primarily for camping, touring, or recreational purposes.

(2) “Manufactured home community” means any tract of land containing 2 or more sites.

(3) “Operator” means any person engaged in the business of renting sites in a manufactured home community to tenants. “Operator” includes officers, representatives, agents, and employees.

(4) “Person” means any individual, corporation, partnership, association, business organization or entity.

(5) “Rental agreement” means an agreement between an operator and a tenant for the rental of a site.

(6) “Security deposit” means the total of all payments and deposits given by a tenant to the operator as security for the performance of the tenant’s obligations, and includes all rent payments in excess of one month’s prepaid rent.

(7) “Site” means any plot of land that is rented or offered for rental for the accommodation of a manufactured home used for residential purposes. It does not include a plot of land rented for the accommodation of a manufactured home that is:

(a) Occupied on a strictly seasonal basis; or

(b) Owned by the operator and occupied as a residence.

(9) “Tenant” means any person residing in a manufactured home and renting a site from an operator.

(10) “Utility service” means:

(a) Electricity and natural gas;

(b) Liquified petroleum gas other than liquified petroleum gas in portable containers;

(d) Electronic communications service.

History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.02 and am., cr. (intro.), (6) and (8), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: renum. (1) to (1s) and am., cr. (1e), (1m), am. (2), (3), (7) (intro.), r. (8), am. (9), (10) (a), (c), (d) Register December 2013 No. 696, eff. 1-1-14.

ATCP 125.02 Tie-in sales; separate or discriminatory charges. No operator shall:

(1) Require, as a condition to the rental of any site, the purchase of a manufactured home from the operator or any dealer, manufacturer, or agent named by the operator.

(2) Represent to any person that the purchase of a manufactured home from the operator or any dealer, manufacturer, or agent named by the operator will give the purchaser an advantage over others in the rental or continued occupancy of a site.

(3) Discriminate or threaten to discriminate in rental charges or in any other respect against a tenant for failure of the tenant to purchase a manufactured home from the operator or any dealer, manufacturer, or agent named by the operator.

(4) Solicit or receive any payment or other thing of value from any seller of a manufactured home for agreeing to rent a site to the purchaser of such manufactured home.

(5) Solicit or receive any payment or other thing of value from any person upon the representation or understanding that such consideration will give that person an advantage over others in the rental or continued occupancy of a site.

(6) Use a manufactured home site to display a manufactured home offered for sale, or rent a site to a manufactured home dealer for purposes other than accommodation of a manufactured home occupied as a residence, if the use or rental of the site results in there being no site in the manufactured home community available to a prospective tenant who does not purchase a manufactured home from the operator or renting dealer.

History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.02 and cr. (6), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1) to (4), (6) Register December 2013 No. 696, eff. 1-1-14.

ATCP 125.03 Rental agreement; requirements.

(1) Every rental agreement shall be in writing. A copy of the rental agreement shall be furnished to the tenant at the time the rental agreement is executed. If a manufactured home is purchased from or through the operator, a copy of the rental agreement shall be furnished to the tenant before the tenant signs the manufactured home purchase contract. The rental agreement shall conspicuously set forth all terms and conditions affecting the rental of the site, and shall include:

(a) The amount of rent for each rent paying period and all property, services, and facilities provided by the operator and included in the rent. Except as provided in sub. (5), the amount of the rent shall be expressed in a dollar amount.

(b) The amount of any security deposit, installation charge, or other charge payable by the tenant under the rental agreement but not included in the rent, including charges for utility services provided through the operator’s facilities. If utility service charges are based on the amount of utility service used, the rental agreement shall set forth either the specific rate or the method by which the charges are to be computed.

(d) The approximate size of the site and its location in the manufactured home community.

(e) The amount of the monthly municipal permit fee assessed by local units of government and payable by the tenant. If the monthly fee is not known, an approximation shall be given.

(em) The amount and due dates of fees assessed by local units of government for waste hauling, recycling, or similar services payable by the tenant. If the amount and due dates are not known, an approximation shall be given.

(f) Notice that the operator reserves the right to screen the purchaser of a tenant’s manufactured home before renting a site to the purchaser, subject to s. 710.15, Stats.

(g) A disclosure as to whether the manufactured home community contains an emergency shelter, and, if the community has an emergency shelter, the location of the emergency shelter and procedures for its use.

(h) A copy of the manufactured home community rules and regulations.

Note: Under s. 710.15 (5m), Stats., an operator may terminate a tenancy if the tenant refuses to sign a rental agreement.

(2) The initial, and each succeeding rental agreement shall be for a term of no less than one year, unless a shorter term is requested in writing by the tenant and agreed to by the operator. Under any agreement for a rental term of 2 months or more, rental payments shall, at the option of the tenant, be payable in equal monthly installments.

(3) The operator shall, at the time the rental agreement is entered into, and throughout the term of the rental agreement, make available to the tenant the name, address, and telephone number of a person who may be contacted concerning the maintenance of facilities and services provided by the operator. Such information shall be included in the tenant’s copy of the rental agreement or in a separate written notice furnished to the tenant.

(4) Except as provided in sub. (5), rent and other charges under the rental agreement may not be increased during the term of the rental agreement. This subsection does not apply to:

(a) Municipal permit fees, recycling fees, waste hauling fees, or other fees assessed by local units of government.

(b) Charges for utility services delivered and billed directly to the tenant by a public utility or other outside source.

(c) Charges for utility services purchased by the operator and delivered and billed to the tenant by the operator but not included in the rent, if the increase is solely to cover an increase in charges to the operator by the supplier of the utility service.

(5) If the rental agreement is for a period of three years or greater, and all of the following conditions are met, the amount of rent due each rent paying period may be expressed as a formula that includes a base dollar amount and a future adjustment factor tied to the CPI:

(a) The operator offered the tenant the option of entering into a rental agreement that was for a period of less than three years.

(b) The rental agreement specifies the initial amount of rent due for each rent paying period, and that the operator shall provide the tenant with actual dollar amounts of rent due in future rent paying periods as applicable.

(c) If the actual dollar amount of rent due changes under the formula, the operator shall provide the tenant written notice at least 60 calendar days before the new actual dollar amount is due.

History: Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.04 and r. (1) (c), am. (1) (intro.), (b) and (2), renum. (1) (d), (e) and (f) to be (1) (c), (d) and (e) and am. (1) (c), cr. (1) (f), (g) and (4), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1) (intro.), (a), (d), (e), cr. (1) (em), am. (1) (f), (g), cr. (1) (h), am. (4) (intro.), (a), cr. (5) Register December 2013 No. 696, eff. 1-1-14; correction in (1) (g) made under s. 35.17, Stats., Register December 2013 No. 696.

ATCP 125.04 Rental agreement; limitations.

(1) Entrance and exit fees. No operator may charge an entrance fee or exit fee in return for allowing the movement of a manufactured home into or out of a manufactured home community. This subsection does not apply to:

(a) Periodic payments for the rental of a site, pursuant to the rental agreement.

(b) A security deposit not exceeding the amount of 2 months’ rent or $750, whichever is less.

(c) Material and labor costs incurred by the operator to move a tenant’s manufactured home into or out of the manufactured home community, to install the manufactured home on a site or remove it from a site, or to connect or disconnect utility services. The amount of any charges, or the basis upon which charges are to be calculated, shall be clearly set forth in the rental agreement.

(2) Restrictions on choice of vendors. No operator may restrict the choice of vendors from whom a tenant may purchase goods or services. This subsection does not apply to:

(a) Utility services, subject to sub. (3).

(b) Service provided by the operator in the installation of a manufactured home on a site, or in the removal of a manufactured home from a site, pursuant to sub. (1) (c).

(c) Snow removal, lawn care, or similar site maintenance services performed by the operator upon the failure of a tenant to fulfill the tenant’s site maintenance obligations under the rental agreement. No charges may be imposed for site maintenance services performed by the operator under this paragraph unless the tenant, if available, is given prior notice and a reasonable opportunity to perform the tenant’s obligations under the rental agreement. Charges for site maintenance services shall be set forth in the rental agreement.

(d) Services involving the transportation of a mobile home to or from the site within the manufactured home community, if the operator can show that the person providing the service has damaged property within the manufactured home community during a previous move and failed to compensate the operator for the damages.

(e) A nondiscriminatory prohibition against sales solicitations within the manufactured home community.

(3) Charges for utility services.

(a) Charges for a utility service provided through the operator’s facilities, if not included in the rent, shall be based on the amount of the utility service used by tenants. Charges for electronic communications service provided through the operator’s facilities may be assessed in the form of a uniform charge to subscribing tenants, subject to par. (b). Charges, or the method of computing charges for utility services provided through the operator’s facilities shall be set forth in the rental agreement under s. ATCP 125.03 (1) (b).

(b) If electronic communications service is provided by the operator but not included in the rent, the operator may not limit a tenant’s access to electronic communications service provided by an outside source.

Note: This paragraph is not intended to deny to an operator any right which the operator may have to compensation from a cable television company for easements or other use of the operator’s property.

(c) Charges for utility services provided through the operator’s facilities, if based on amounts used, shall be periodically invoiced in writing to tenants. Invoices shall specify both the charge and the amount of the utility service used.

(d) Charges for utility services provided through the operator’s facilities, if not included in the rent, shall be competitive with retail prices charged for the same or equivalent services by public utilities or other local sources. If a utility service is provided directly to tenants by a public utility or other outside source, no additional charge may be assessed for the service by the operator.