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 NoteNote: 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 HistoryHistory: 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)(a)(a) Utility services, subject to sub. (3).

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.