ATCP 125.01 History
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
ATCP 125.02
Tie-in sales; separate or discriminatory charges. No operator shall:
ATCP 125.02(1)
(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.
ATCP 125.02(2)
(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.
ATCP 125.02(3)
(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.
ATCP 125.02(4)
(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.
ATCP 125.02(5)
(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.
ATCP 125.02(6)
(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.
ATCP 125.02 History
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
ATCP 125.03
Rental agreement; requirements. ATCP 125.03(1)(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:
ATCP 125.03(1)(a)
(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.
ATCP 125.03(1)(b)
(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.
ATCP 125.03(1)(c)
(c) Rules and regulations shall be included in or attached to the main body of the rental agreement.
ATCP 125.03(1)(d)
(d) The approximate size of the site and its location in the manufactured home community.
ATCP 125.03(1)(e)
(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.
ATCP 125.03(1)(em)
(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.
ATCP 125.03(1)(f)
(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.
ATCP 125.03(1)(g)
(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.
ATCP 125.03(1)(h)
(h) A copy of the manufactured home community rules and regulations.
ATCP 125.03 Note
Note: Under s.
710.15 (5m), Stats., an operator may terminate a tenancy if the tenant refuses to sign a rental agreement.
ATCP 125.03(2)
(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.
ATCP 125.03(3)
(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.
ATCP 125.03(4)
(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:
ATCP 125.03(4)(a)
(a) Municipal permit fees, recycling fees, waste hauling fees, or other fees assessed by local units of government.
ATCP 125.03(4)(b)
(b) Charges for utility services delivered and billed directly to the tenant by a public utility or other outside source.
ATCP 125.03(4)(c)
(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.
ATCP 125.03(5)
(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:
ATCP 125.03(5)(a)
(a) The operator offered the tenant the option of entering into a rental agreement that was for a period of less than three years.
ATCP 125.03(5)(b)
(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.
ATCP 125.03(5)(c)
(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.
ATCP 125.03 History
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(1)(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:
ATCP 125.04(1)(a)
(a) Periodic payments for the rental of a site, pursuant to the rental agreement.
ATCP 125.04(1)(b)
(b) A security deposit not exceeding the amount of 2 months' rent or $750, whichever is less.
ATCP 125.04(1)(c)
(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.
ATCP 125.04(2)
(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:
ATCP 125.04(2)(b)
(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).
ATCP 125.04(2)(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.
ATCP 125.04(2)(d)
(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.
ATCP 125.04(2)(e)
(e) A nondiscriminatory prohibition against sales solicitations within the manufactured home community.
ATCP 125.04(3)(a)
(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).
ATCP 125.04(3)(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.
ATCP 125.04 Note
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.
ATCP 125.04(3)(c)
(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.
ATCP 125.04(3)(d)
(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.
ATCP 125.04 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; r. and recr.
Register, February, 1987, No. 374, eff. 3-1-87;
CR 13-027: am. (1) (intro.), (b), (c), (2) (b), (d), (e), (3) (a), (b)
Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.05
ATCP 125.05
Changes in rental terms or manufactured home community rules. ATCP 125.05(1)(1)
If any change or increase in rent or fees, or any other substantial change in the terms or conditions of tenancy is to be made in connection with the renewal of any rental agreement, a copy of the proposed new agreement, or amendments to the existing agreement, shall be furnished to the tenant, in writing, at least 28 days prior to the date on which the proposed new agreement is to take effect. All changes shall be specifically brought to the tenant's attention by a separate statement on the proposed rental agreement or in a separate written document attached to the rental agreement. The operator or a representative of the operator shall meet with tenants, or any group of tenants, on the proposed changes, at their request. Nothing in this section shall be construed as interfering with the operator's right to terminate any tenancy in accordance with s.
710.15 and ch.
704, Stats., and s.
ATCP 125.09, if the tenant declines to accept the proposed new agreement.
ATCP 125.05(2)
(2) Rules and regulations which substantially affect the rights or duties of tenants or the operator under s.
710.15, Stats., or this chapter may not be created or changed during the term of the rental agreement. This includes but is not limited to:
ATCP 125.05(2)(a)
(a) Rules setting standards and requirements for skirting, weatherproofing or frostproofing, and auxiliary buildings or sheds.
ATCP 125.05(2)(b)
(b) Rules limiting occupancy of manufactured homes with respect to the number or age of occupants.
ATCP 125.05(2)(f)
(f) Rules requiring tenants to repair or maintain their manufactured home.
ATCP 125.05(2)(g)
(g) Rules defining the tenant's and operator's rights and responsibilities with regard to maintenance of the site.
ATCP 125.05(2)(h)
(h) Rules restricting or regulating tenants' outdoor antennas or satellite dishes.
ATCP 125.05(3)
(3) Except as otherwise provided in this chapter, an operator may change or create general manufactured home community rules and regulations during the term of any rental agreement or tenancy, provided all tenants are given at least 28 days prior written notice of any proposed change and an opportunity to meet with the operator or a representative of the operator on the proposed change before it takes effect.
ATCP 125.05(4)
(4) Notice of proposed changes in rental terms and conditions or manufactured home community rules and regulations under this section may be furnished to the tenant in person or by mail. Notice by mail shall be considered actual notice.
ATCP 125.05 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.06 and renum. (2) and (3) to be (3) and (4) and am., cr. (2), am. (1),
Register, February, 1987, No. 374, eff. 3-1-87;
CR 13-027: am. (title), (2) (b), (c), (f), (3), (4)
Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.06
ATCP 125.06
Sale of manufactured home; transfer of tenancy. ATCP 125.06(1)(a)
(a) Require any tenant to designate the operator, or any person named by the operator, as agent for the sale of a tenant's manufactured home, or unreasonably restrict the sale of a tenant's manufactured home by the tenant or an agent of the tenant's own choosing.
ATCP 125.06 Note
Note: Sections
710.15 (3) and
(4), Stats., provide that:
ATCP 125.06 Note
“(3) Prohibited consideration of age of mobile home or manufactured home. (a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the community solely or in any part on the basis of the age of the mobile home or manufactured home.
ATCP 125.06 Note
(b) An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part of the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change."
ATCP 125.06 Note
“(4) Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home. An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or occupant for any other lawful reason."
ATCP 125.06(1)(b)
(b) Solicit or receive any payment or other thing of value as a condition to the assignment or sublease of a rental agreement by a tenant, or as a condition to the transfer of tenancy to a buyer of the tenant's manufactured home.
ATCP 125.06(1)(c)
(c) Sell, for placement in a manufactured home community owned or operated by the operator, any manufactured home purchased from a tenant who was prohibited from selling the home directly for placement in the manufactured home community.
ATCP 125.06(1)(d)
(d) Refuse to rent a site to the purchaser of a tenant's manufactured home except for reason specified under s.
710.15 (5m), Stats. This does not prohibit the screening of prospective tenants by an operator.
ATCP 125.06(1)(e)
(e) Limit a tenant's ability to post, on the tenant's manufactured home or on the site on which the mobile home is located, a “For Sale" sign or other advertisement announcing the tenant's offer to sell the tenant's manufactured home if the limitation is not applied uniformly to every person, including the operator and any manufactured home dealer, who sells or offers to sell a manufactured home on site in the manufactured home community.
ATCP 125.06(2)
(2) This section does not create or extend any interest in real estate, or prohibit the lawful screening of new tenants by the operator.
ATCP 125.06 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.07, renum. (1) and (2) to (1) (a) and (b) and am., cr. (1) (intro.), (c) to (e) and (2), r. (3),
Register, February, 1987, No. 374, eff. 3-1-87;
CR 13-027: am. (title), (1) (a) to (e)
Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.07(1)(1)
No tenant shall be required to relocate a manufactured home within a manufactured home community during the term of the rental agreement, or to assume the cost of any required relocation under a new or renewal rental agreement, except in emergency or where the tenant has violated the terms and conditions of the rental agreement. This does not apply to a mobile home that has been vacated by the tenant.
ATCP 125.07(2)
(2) Any required relocation shall, except in emergency, be preceded by written notice setting forth the reason for such relocation. Notice shall be given within the time period required under ch.
704, Stats., for termination of tenancies.
ATCP 125.07 History
History: Cr.
Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.08,
Register, February, 1987, No. 374, eff. 3-1-87;
CR 13-027: am. (title), (1)
Register December 2013 No. 696, eff. 1-1-14.
ATCP 125.08(1)(1)
Whenever an operator terminates any rental agreement or refuses, upon the expiration of a lease, to renew the lease or to enter into a new rental agreement, the operator shall provide the tenant with written notice setting forth the reason for such termination or refusal. Notices of termination shall comply with the requirements of s.
710.15 and ch.
704, Stats., as applicable. If the rental agreement does not comply with the requirements of s.
ATCP 125.03 (1) (intro.) and
(2), the operator shall comply with the notice requirements of s.
704.17 (2), Stats., when terminating a tenancy, unless the operator or tenant proves that other notice requirements under s.
704.17 (1p) or
(3), Stats., are applicable.
ATCP 125.08 Note
Note: Section
710.15 (5m), Stats., provides that:
ATCP 125.08 Note
“Notwithstanding ss.
704.17 and
704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds:
ATCP 125.08 Note
(a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.
ATCP 125.08 Note
(b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.
ATCP 125.08 Note
(c) Vandalism or commission of waste of the property.
ATCP 125.08 Note
(d) A breach of any term of the lease.
