Withholding certificate of title; bond. 101.9219(1)(1)
The department may not issue a certificate of title until the outstanding evidence of ownership is surrendered to the department.
If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department, subject to sub. (3)
, shall either:
Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the manufactured home and that there are no undisclosed security interests in it; or
Notwithstanding sub. (2)
, the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:
The applicant is a manufactured home dealer licensed under s. 101.951
and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under ss. 138.09
, a bank organized under the laws of this state, or a national bank located in this state.
The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the manufactured home, or if the currently valid certificate of title for the manufactured home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
History: 1999 a. 9
; 2001 a. 38
Suspension or revocation of certificate. 101.922(1)(1)
The department shall suspend or revoke a certificate of title if it finds any of the following:
That the certificate of title was fraudulently procured, erroneously issued or prohibited by law.
That the manufactured home has been scrapped, dismantled or destroyed.
That a transfer of title is set aside by a court of record by order or judgment.
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
The department may seize and impound any certificate of title that has been suspended or revoked.
History: 1999 a. 9
Grounds for refusing issuance of certificate of title.
The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:
The department has reasonable grounds to believe that:
The person alleged to be the owner of the manufactured home is not the owner.
The application contains a false or fraudulent statement.
The applicant has failed to furnish any of the following:
Any other information or documents required by law or by the department pursuant to authority of law.
The applicant is a manufactured home dealer and is prohibited from applying for a certificate of title under s. 101.921 (1) (a)
Except as provided in ss. 101.9203 (3)
and 101.921 (1) (a)
for a certificate of title and registration for a manufactured home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department.
History: 1999 a. 9
Previously certificated manufactured homes. 101.9222(1)(1)
In this section, “previously certificated manufactured home" means a manufactured home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000.
do not apply to a previously certificated manufactured home until one of the following occurs:
There is a transfer of ownership of the manufactured home.
The department issues a certificate of title for the manufactured home under this chapter.
If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated manufactured home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3)
, issue a distinctive certificate of title for the manufactured home containing the legend “This manufactured home may be subject to an undisclosed security interest" and any other information that the department prescribes.
After July 1, 2000, a security interest in a previously certificated vehicle may be created and perfected only by compliance with ss. 101.9213
If a security interest in a previously certificated manufactured home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected:
Until its perfection lapses under the law under which it was perfected, or until its perfection would lapse in the absence of a further filing or renewal of filing, whichever occurs sooner.
If, before the security interest lapses as described in subd. 1.
, there is delivered to the department the existing certificate of title together with the application and fee required by s. 101.9214 (1)
. In such case the department shall issue a new certificate pursuant to s. 101.9214 (3)
If a security interest in a previously certificated manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a)
History: 1999 a. 9
; 2001 a. 10
Manufactured housing code council duties.
The manufactured housing code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide manufactured housing code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matter related to this subchapter, including recommendations with regard to licensure and professional discipline of manufacturers of manufactured homes, manufactured home dealers, manufactured home salespersons, and installers, and with regard to consumer protection applicable to consumers of manufactured homes. In making recommendations, the council shall consider the likely costs of any proposed rules to consumers in relation to the benefits that are likely to result therefrom.
History: 2005 a. 45
Manufactured housing rehabilitation and recycling. 101.934(2)(a)(a)
The department may make grants under this section to provide financial assistance to persons engaged in the disposal of abandoned manufactured homes and to municipalities, for the purpose of supporting environmentally sound disposal practices.
The department may make grants under this section to provide financial assistance to individuals who reside in manufactured homes that are in need of critical repairs. An individual is eligible for a grant under this paragraph only if the individual is otherwise unable to finance the critical repairs.
The department shall contract with one or more entities that are exempt from taxation under section 501
(a) of the Internal Revenue Code and that employ individuals with technical expertise concerning manufactured housing for the administration of the grant program under this section. The department shall promulgate rules to establish the grant program under this section. To the extent feasible, the department shall coordinate the program under this section with the state housing strategy plan under s. 16.302
History: 2005 a. 45
; 2011 a. 32
; Stats. 2011 s. 101.934.
See also ch. SPS 368
, Wis. adm. code.
Manufactured home community regulation. 101.935(1)(1)
The department shall license and regulate manufactured home communities. The department may investigate manufactured home communities and, with notice, may enter and inspect private property.
The department or a village, city or county granted agent status under par. (e)
shall issue permits to and regulate manufactured home communities. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home community.
The department may, after a hearing under ch. 227
, refuse to issue a permit or suspend or revoke a permit for violation of this section or any regulation or order that the department issues to implement this section.
Permits issued under this subsection are valid for a 2-year period that begins on July 1 of each even-numbered year and that expires on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period.
The department shall establish, by rule under s. 101.19
, the permit fee and renewal fee for a permit issued under this subsection. The department may establish a fee that defrays the cost of administering s. 101.937
. An additional penalty fee, as established by the department by rule under s. 101.19
, is required for each permit if the biennial renewal fee is not paid before the permit expires.
A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home community in question is considered to be operation without a permit.
Section 97.615 (2)
, as it applies to an agent for the department of agriculture, trade and consumer protection in the administration of s. 97.67
, applies to an agent for the department of safety and professional services in the administration of this section.
The department shall inspect a manufactured home community in the following situations:
Upon completion of the construction of a manufactured home community.
Whenever a manufactured home community is modified, as defined by the department by rule.
Whenever the department receives a complaint about a manufactured home community.
The department may, with notice, inspect a manufactured home community whenever the department determines an inspection is appropriate.
The department may promulgate rules and issue orders to administer and enforce this section.
See also ch. SPS 326
, Wis. adm. code.
Water and sewer service to manufactured home communities. 101.937(1)(1)
The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home community operator or manufactured home community contractor to a manufactured home community occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
(2) Permanent improvements.
A manufactured home community operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home community occupants through ongoing rates for water or sewer service.
On its own motion or upon a complaint filed by a manufactured home community occupant, the department may issue an order or commence a civil action against a manufactured home community operator or manufactured home community contractor to enforce this section, any rule promulgated under sub. (1)
, or any order issued under this paragraph.
The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section.
(4) Private cause of action.
Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (1)
or order issued under sub. (3) (a)
may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1)
, reasonable attorney fees.
Any person who violates any rule promulgated under sub. (1)
or any order issued under sub. (3) (a)
shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
Any person who intentionally violates any rule promulgated under sub. (1)
or order issued under sub. (3) (a)
shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.
History: 2001 a. 16
; 2005 a. 45
Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes. 101.94(1)(1)
Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976.
No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401
and applicable regulations.
The department shall hear and decide petitions brought under this subchapter in the manner provided under s. 101.02 (6) (e)
for petitions concerning property.
Except as provided in par. (c)
, a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
A person who violates s. 101.935
, a rule promulgated under s. 101.935
or an order issued under s. 101.935
may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.