No 6 Hours of Education? $500 Per MONTH Penalty by State
During the 2005 Legislative Session, the Arizona State Legislature passed Senate Bill 1436, which will become effective August 12, 2005. It contained several changes to the Arizona Mobile Home Parks Residential Landlord – Tenant Act, the law governing manufactured home and mobile home rental communities, including a fine for landlords who do not ensure that their park managers have the six hours of education required by law.
The law, as passed in 2000, states that within six months after employment as a park manager, a park manager shall complete at least six hours of educational programs and shall complete at least six additional hours of educational programs every two years. "Educational programs" is defined as classes, workshops or educational conventions that primarily instruct attendees on issues dealing with the operation of a mobile home park and that are sponsored by a nonprofit organization whose sole or primary purpose is the advocacy and promotion of the rental mobile home parks industry. The law further states the park manager shall post proof of completion and compliance with the educational program requirements in a conspicuous place at the mobile home park.
As of August, 2005, a tenant may file a complaint with the Director of the Arizona Department of Building & Fire Safety (which includes the state Office of Manufactured Housing) if, on request from the tenant, the park manager cannot produce proof of completion of the educational requirements. The Director shall issue a show cause order to the landlord directing the landlord to provide proof that the requirements have been satisfied. If the landlord fails to produce satisfactory evidence of compliance or fails to respond within thirty days after service by certified mail of the show cause order, the Director shall impose a $500 civil penalty, with an additional $500 per month civil penalty to accrue each full calendar month beginning with the second month following service of the imposition of the civil penalty. However, all civil penalties will be exonerated if, within six months after service of the notice of imposition of civil penalty, the landlord furnishes satisfactory evidence of compliance.
If a landlord does not furnish satisfactory evidence of compliance with the educational requirements within the six month period after imposition of the civil penalty, the matter shall be referred to the Arizona Attorney General for enforcement and collection of the civil penalties and a 10% surcharge on the total amount collected. All civil penalties shall be deposited in the state General Fund and the 10% surcharge shall be deposited in the Mobile Home Relocation Fund.
