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2017 SESSION

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17101897D
SENATE BILL NO. 1094 Offered January 11, 2017 Prefiled January 6, 2017 A BILL to amend and reenact § 55-248.50:2 of the Code of Virginia, relating to the Manufactured Home Lot Rental Act; right of resident upon eviction from a manufactured home park. ---------- Patrons-- Petersen and McPike ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That § 55-248.50:2 of the Code of Virginia is amended and reenacted as follows:

§ 55-248.50:2. Right to sell home upon eviction.

A. A resident who has been evicted from a manufactured home park shall have ninety 90 days after judgment has been entered in which to sell the home or remove the home from the park. Such resident shall be responsible for paying the rental amount and for regular maintenance of the home lot during the period between the date of eviction and the sale of the home or the removal of the home from the park. Such right to keep the manufactured home in the park shall be conditioned upon the payment of all rent accrued prior to the date of judgment and prospective monthly rent as it becomes due. During such term, If the home is owned by the resident and there is no secured party, the park owner shall hold the home in trust for the resident until such time as the home is sold. In the event that the home is sold, the proceeds of the sale shall be remitted by the owner to the resident minus any costs for the sale and any amounts owed to the park.

B. If the home involves a secured party, such secured party shall be liable for such charges the rental amount and for regular maintenance of the home lot during the period between the date of eviction and the sale of the home or the removal of the home from the park as provided in § 55-248.44:1. The park shall have a lien on the home to the extent such rental payments are not made.

Any sale of the home shall be subject to the rights of any secured party having a security interest in the home, and the lien granted to the park under this section shall be subject to any such security interest.