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  • In Park Home Sales | All Parks Alliance for Change
    subject that is the source of a whole host of hotline calls every year Here are the answers to some of the most common questions about in park home sales The park owner is insisting that I have to replace the siding on my home before I can sell it Can they do that According the Minn Stat 327C 07 the park owner may not require you to do anything to your home beyond what is included in your park rules In other words if the rules require that the home be in good condition they can require that you comply before the sale However they cannot require you to go beyond the bounds of what is in the rules The park owner is telling prospective buyers that they will have to replace the siding Can they do that Once again you should make certain that the home is in compliance with the current rules The park owner can then require the new residents to comply with different rules but the rules cannot be such that it would increase the difficulty of selling the home or decrease the price that you can get for the home I know someone who wants to buy my home but he is afraid that the park will not accept him What can he do to make certain that he is not throwing away his application fee The park is required to have a written set of criteria that is available to both sellers of homes and prospective purchasers The criteria must be reasonable and must be applied equally to everyone My friend applied to live in the park three weeks ago and she still has not received an answer What does this mean According to the law the park must respond to the completed

    Original URL path: http://www.allparksallianceforchange.org/?q=tenanthotline/inparksales (2016-02-15)
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  • MN Supreme Court "Freedom of Expression" Decision | All Parks Alliance for Change
    incident in a Lakeville park Ardmor Village when APAC was prohibited from leafleting in April and June 2003 According to APAC s attorney Kay Nord Hunt with Lommen Abdo Cole King Stageberg P A the Supreme Court review is significant since it presents the first opportunity for the Supreme Court to interpret Minnesota s Freedom of Expression statute and to provide appropriate guidelines The statute explicitly states that No park owner shall prohibit or adopt any rule prohibiting residents or other persons from peacefully organizing assembling canvassing leafleting or otherwise exercising with the park their right of free expression for noncommercial purposes A park owner may adopt and enforce rules that set reasonable limits as to the time place and manner What constitutes reasonable restrictions on the time place and manner of speech in park communities We believe basic First Amendment rights issues are at play in this case and that the high court has recognized that Hunt says A growing list of housing advocates faith groups and free speech supporters have joined the cause as individual amicus curiae friends of the court because of the many implications of case These organizations include the American Civil Liberties Union ACLU Community Stabilization Project CSP Housing Preservation Project HPP Jewish Community Action JCA Metropolitan Interfaith Council on Affordable Housing MICAH and Minnesota Senior Federation The public had a rare chance to see Minnesota s highest court in action when the case was presented live on October 11 at Hutchinson High School west of the Twin Cities This is only the 24th time the Supreme Court has heard a case outside its St Paul chambers as part of the Traveling Oral Arguments On a lighter note UniProps s lawyers were questioned about their time limit on canvassing in the park Two questions were

    Original URL path: http://www.allparksallianceforchange.org/?q=tenanthotline/supremecourt (2016-02-15)
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  • Tenant Hotline: Common Questions & Answers | All Parks Alliance for Change
    questions about specific issues such as storm shelters pets leases and evictions Through the hotline residents are occasionally referred to the Attorney General s office foreclosure prevention programs and other legal aid programs We also use data from our hotline to determine which parks are most in need of resident association organizing campaigns Below are some common questions we get from the hotline along with brief answers If you have the same question as one below please call our hotline for a more thorough explanation Even if your question isn t the same as one below call our hotline and let us help you understand your rights Q My park rules say that I can have an indoor pet but now the park is charging me 4 per pet per month Can they do this A Yes Minnesota law allows the park to charge up to 4 per pet per month even if it s an indoor pet Q My lease says that I can t have a shed but my park manager told me that I could build one anyway Can I just take the manager s word for it A It is always a good idea to get any agreement with the park in writing in case there is any disagreement later Q My park is charging me 12 for the relocation trust fund Since my park isn t closing do I still have to pay the park for this A Yes State law requires the park to pay 12 for each of its resident homeowners and then allows the park to collect that money back from the homeowners themselves Whether the park is currently closing or not the 12 must be paid Q I m trying to sell my home in the park but the park is rejecting every potential buyer that I find Does the park have to provide some reasons for why it is rejecting my potential buyers A Yes Parks must have a written list of criteria they use to determine whether or not they will approve a potential buyer s application to move into the park Furthermore if the application is denied the park must provide a written explanation for the denial Q Every year the park increases lot rent but there are never any new services or better upkeep to go along with these rent increases Can the park do this A Unfortunately yes State law allows the park to increase rent no more than twice in any 12 month period as long as residents are given 60 days written notice of the increase Q My park manager is not following his duties as required by my lease and the park rules and I ve contacted him several times regarding this Now the manager says he ll evict me if I make any more requests that he do his job Can I be evicted for this A No State law prohibits retaliatory conduct so that the park may not evict a resident

    Original URL path: http://www.allparksallianceforchange.org/?q=tenanthotline/q-and-a (2016-02-15)
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  • Tenant Remedies Actions | All Parks Alliance for Change
    responsibilities paying the rent maintaining the home and being respectful of the rights of other residents If a homeowner violates the responsibilities they face noncompliance notices and even in certain cases legal action What about if a park owner violates their end of the bargain Do homeowners have the right to demand action Are there options open to them in the court system The answer is yes yes and yes A community owner much like a homeowner has responsibilities under the lease agreement and the state law Issues like the maintenance of common areas the provision of services and the health and safety of the community are all the responsibility of the community owner If the community owner responsibilities are not being met the residents do have the right to demand action The best method of doing so is to request in writing that the issues be resolved and to make certain that there is a time frame that is given to the community owner to make the repairs fix the issues or respond with a plan to do so But what happens when a park owner fails to address the issues There are two mechanisms in the legal system to make certain that issues get addressed a rent escrow action and a tenant remedies action A resident either individually or though an organization can ask the court to require that the repairs get made The court can grant various forms of relief depending on the case and can include allowing the homeowner to pay the rent into the court rather than to the park owner an order requiring that the repairs be done rent abatement both going forward and in some cases retroactively and even in some extreme cases appointing an administrator to take over the park in order

    Original URL path: http://www.allparksallianceforchange.org/?q=tenanthotline/tenantremedies (2016-02-15)
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  • Risk of Park Closings | All Parks Alliance for Change
    executive director The closure of a park can be financially devastating for residents and most often means the loss of their homes and no where else to move within their means Homes are most often unmovable because of age moving costs averaging 5 000 to 15 000 shortage of available lots or parks barring homes over 10 years old 71 of homes Owners of traditional stick built homes are fully compensated when new development forces them to abandon their homes but residents of parks are not added Anderson Rising land values deferred maintenance and the desire to enlarge the local tax base increase the risk of park closures During the last five years the value of land has increased at a record breaking pace in Minnesota Prime developable real estate can sell anywhere from 15 000 to 50 000 an acre In 2003 land prices in Minnesota increased more than 12 the fastest growth rate in the nation In the last five years there have been 12 park closures totaling 219 households There are currently 5 parks in the process of closing totaling 253 more households There are another 16 parks at risk of closure adding another 1 626 threatened households On the surface park closures due to redevelopment seem like a natural mechanism of the real estate market a parcel of land is sold by its owner to a developer that will put it to another use Ostensibly the park is brought to a use that is higher and better However there is much more to the story said Margaret Kaplan APAC staff attorney Park closures not only impact the families living in the park but this mass displacement can also have effects on their communities and local economies including higher demand on social services increased homelessness and losses to the local work force and consumer base State and local governments have a vital role in addressing this problem because they license and regulate parks and restrictively zone manufactured homes to parks In 1987 Minnesota passed legislation allowing cities to adopt park closing ordinances These ordinances guarantee that when a park is closed the park owner and or buyer will pay reasonable relocation costs to move each home within a 25 mile radius If a home cannot be moved the owner buyer buys out the home at its tax assessed or appraised market value Twenty one cities have adopted ordinances which leave the residents in park neighborhoods of 380 other cities unprotected The goal is to allow park residents to have a sense of security They are 80 percent low to very low income yet they have become home owners without any kind of public subsidy They deserve a peace of mind said Daren Nyquist the reports author Park closing ordinances do not seek to put limitations on the transactions of private property They are simply a tool to ensure that the property interests of the owner of the underlying land are fairly balanced against the property rights of

    Original URL path: http://www.allparksallianceforchange.org/?q=organizing/closings (2016-02-15)
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  • Know Your Rights
    Notice given Endangerment or substantial annoyances notice to vacate 327C 09 Maintenance requirements charges 327C 03 Park closing or conversion 327C 095 Prospective buyers tenancy denied 327C 07 Relocation or eviction due to improvements 327C 09 Rent increases 327C 06 Repossession lawsuits 327C 02 Rules changes 327C 02 Sale of park 327C 096 Payments by relocation costs displaced residents 327C 095 Reports given residents information lists 327C 095 Retaliation by 327C 12 Rights and privileges waivers void 327C 02 Service of process by 327C 02 327C 03 327C 095 Signatures rental agreements 327C 02 Tenant s right of privacy exemption 504B 211 Pets fees 327C 03 Planning agencies generally 327C 095 Presumptions unreasonable rules 327C 05 Propane gas see Utility service under this topic Prospective buyers 327C 02 327C 07 Purchase agreements Common interest community conversions 327C 095 Recreational manufactured home parks Redevelopment program loans or grants 462A 2035 462A 21 Rental agreements Contents 327C 01 327C 02 327C 03 Evacuation or shelter plan attached 327C 01 Generally 327C 02 Repeated serious violations eviction 327C 09 Resident copy 327C 01 Rules and regulations of park 363A 38 Rents Eviction notice acceptance of rent not waiver 327C 11 Failure to pay eviction defenses 327C 09 327C 10 Generally 327C 03 Increases 327C 02 327C 06 Lot rentals see same under this topic Rental agreements see same under this topic Repairs 327C 02 327C 03 327C 07 Repossession Lawsuits 327C 02 Lots eviction 327C 07 to 327C 11 Manufactured homes removal after repossession 327C 08 Resident associations Retaliation against members 327C 12 Sale of park right to purchase 327C 095 Residential generators Manufactured home parks defined as 297H 01 Residents Definitions 327C 01 Displaced residents payments to 327C 095 Eviction 327C 07 to 327C 11 Excluded from definition of tenant 504B 275 Freedom of expression rules 327C 13 Homeowners home safety features certification 327C 07 In park sales 327C 07 Maximum number rules 327C 05 Notice received Endangerment or substantial annoyances notice to vacate 327C 09 Maintenance requirements charges 327C 03 Park closing or conversion 327C 095 Relocation or eviction due to improvements 327C 09 Rent increases 327C 06 Repossession lawsuits 327C 02 Rules changes 327C 02 Sale of park 327C 096 Privacy rights exemption 504B 211 Relocation within park 327C 09 327C 095 Rental agreements see same under this topic Reports about 327C 095 Residents with special needs rent abatement 327C 03 Retaliation against 327C 12 Rights and privileges waivers void 327C 02 Service of process on 327C 02 327C 03 327C 095 Signatures rental agreements 327C 02 Tenancy applications false statements eviction 327C 09 Restitution 327C 02 327C 08 327C 11 Retaliation Eviction defense 327C 10 Generally 327C 12 Rules and regulations of park Definitions 327C 01 Freedom of expression 327C 13 Generally 327C 02 Health and safety 327 20 Manufactured homes maximum number of residents 327C 05 Operation and maintenance 327 20 Presumptively unreasonable rules 327C 05 363A 38 Rental agreements familial status compliance with law 363A 38 Substantial modifications 327C 01 327C 02 Unreasonable rules 327C 05 Violations 327C 09 327C 10 Safety features Disclosure form 327C 02 327C 07 Liability 327C 07 Sale of park 327C 095 327C 096 Sales Manufactured homes in park sales see In park sales under this topic Sale of park 327C 095 327C 096 Sanitary facilities Recreational manufactured home parks 327 16 327 27 Secured parties Eviction 327C 07 to 327C 11 Liability 327C 07 327C 08 Notice given manufactured homes eviction or repossession 327C 07 327C 08 Repossession rights duties 327C 08 Security deposits 327C 02 327C 03 Security interests Rental agreements 327C 02 Secured parties 327C 07 to 327C 11 Severe weather plans 327 20 327C 01 327C 02 Sewers see Utility service under this topic Shelter plans 327 20 327C 01 327C 02 Storm protection plans 327 20 327C 01 327C 02 Substantial modifications 327C 01 327C 02 Tax assessments homesteads 273 124 Tenants see Residents under this topic Unfair and deceptive practices In park sales violations 327C 07 Violations generally 327C 095 327C 15 Utility service Fees failure to pay eviction 327C 09 327C 095 Generally 327C 04 Payment responsibility 325E 025 Vacating rules violations notice 327C 09 Valuation of property homesteads 273 124 Variances land use hearings 327C 095 Violations and penalties Eviction 327C 09 327C 10 False advertising 327C 095 327C 15 Fees 327C 03 327C 07 Rent increases 327C 06 Retaliation by park owners 327C 12 Rights and privileges waivers void 327C 02 Unreasonable rules 327C 05 Waivers owners or residents Rights and privileges void 327C 02 Waste disposal see Utility service under this topic Water supply see Utility service under this topic Writs of restitution Conditional writs 327C 11 Eviction proceedings stay of writ 327C 11 Repossession lawsuits 327C 02 Zoning ordinances Counties changes 394 25 Parks constructed prior to January 1 1995 462 357 Permitted multifamily uses 462 357 Towns 366 151 366 152 Zoning permits changes hearings 327C 095 In Park Home Sales In park home sales are the subject that is the source of a whole host of hotline calls every year Here are the answers to some of the most common questions about in park home sales The park owner is insisting that I have to replace the siding on my home before I can sell it Can they do that According the Minn Stat 327C 07 the park owner may not require you to do anything to your home beyond what is included in your park rules In other words if the rules require that the home be in good condition they can require that you comply before the sale However they cannot require you to go beyond the bounds of what is in the rules The park owner is telling prospective buyers that they will have to replace the siding Can they do that Once again you should make certain that the home is in compliance with the current rules The park owner can then require the new

    Original URL path: http://www.allparksallianceforchange.org/?q=book/export/html/22 (2016-02-15)
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  • Housing Discrimination | All Parks Alliance for Change
    home are Hispanic or Latino Clearly Latinos have a significant presence in Minnesota as a whole as well as within manufactured home parks explicitly This report looks at three case studies Bloomington Minnesota The city of Bloomington once included five parks Lyndale Lodge Collins Park Shady Lane Court Krestwood Mobile Home Park and Southgate Mobile Village Of these parks only Krestwood and Southgate remain It is imperative to consider the attitudes of city officials towards parks during these closings When Lyndale Lodge closed in 1986 it prompted Bloomington to become the first city in the state to pass a park closing ordinance to guarantee relocation compensation When Collins Park closed in 1994 the city became involved in a legal case to ensure residents received full compensation When Shady Lane Court a community that was overwhelmingly people of color 74 and predominantly Latino 56 received closure notices in 2005 city officials did not offer support and made such statements as It s time for a reality check maybe some people can t afford to live in Bloomington In addition Krestwood Mobile Home Park and Southgate Mobile Village are owned and operated by the same management company but have very different racial composition with 3 and 30 Latino households respectively These two parks reside on the same road and in the same city but it is clear that the management disperses extremely unequal amounts of time and energy between the two parks which are virtually identical in rent age of homes and homeownership rates but dramatically different in park conditions and amenities Shakopee Minnesota There are four parks in the communities surrounding the city and township of Shakopee in Scott County Bonnevista Terrace Jackson Heights Trailer Park Mobile Manor Park and Valley Haven LLP These parks reside in similar communities and are all located within five miles of one another What make each park distinctive are the different Latino population percentages and the consequences that follow They are 9 82 65 and 18 respectively Only one park Valley Haven LLP falls within the city boundaries of Shakopee and therefore is the only park in this community to be covered by a park closing ordinance The remaining three parks are specifically excluded from this ordinance even if the city were to expand its boundaries In addition despite lot rent differences of only twenty dollars the Latino parks have poor park conditions and limited amenities conditions that don t exist in the non Latino parks Melrose Minnesota There are two parks within the city limits Melrose Mobile Home Park and Rose Park This case study is unique due to the rural location of the city The strongly divided racial composition that exists between these two parks allows for a well matched comparison of various disparities present in this community Melrose Mobile Home Park is a beautiful neighborhood everything is well kept and nicely run Although Rose Park s rent is around 100 higher than Melrose Mobile Home Park the standard of living has deteriorated

    Original URL path: http://www.allparksallianceforchange.org/?q=organizing/discrimination (2016-02-15)
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  • Mobile Justice Week | All Parks Alliance for Change
    24 2006 The State of Minnesota has officially recognized the importance of manufactured mobile home parks through a proclamation by Governor Tim Pawlenty declaring the final week in September 24th 30th as Manufactured Home Park Week Park residents housing advocates and public officials geared up for a week filled with events and celebrations across the state This week will help to focus statewide attention on the vital role of manufactured home parks in the state Manufactured homes provide affordable housing and an opportunity for low income Minnesotans to become homeowners said Edward Landrum former president of APAC s board of directors Parks are also thriving neighborhoods They are places where people form communities raise families and often retire We hope this week will help the broader public begin to see this face of parks Currently more than 180 000 Minnesotans live in over 900 manufactured home parks They provide decent safe and affordable homeownership to families in almost every county in Minnesota Parks present one of the largest sources of unsubsidized affordable housing in the state With over 50 000 units of housing manufactured home parks make up 5 of the state s overall housing stock APAC expects Park Week to raise the public awareness of manufactured home parks and their importance as a source for homeownership and affordable housing Park Week also sheds light on the increasing trend in the number of manufactured home park neighborhoods that have been demolished for redevelopment At the local level APAC and residents from parks across the state have been working to engage local public officials to commit resources to safeguard residents from the threat of redevelopment On April 1st 2006 Shady Lane Mobile Home Park located in the city of Bloomington closed due to redevelopment and consequently 50 families were displaced Park

    Original URL path: http://www.allparksallianceforchange.org/?q=organizing/mobilejustice (2016-02-15)
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