20.10.033 Mobile and manufactured home parks (MHP) – Notice of sale, opportunity to purchase, and relocation standards.
A. Notice of Sale.
1. The owner of a MHP shall not make a final unconditional acceptance of any offer for the sale or transfer of a MHP without first sending notice of sale by certified mail or personal delivery to the following entities, pursuant to RCW 59.20.300:
a. Each tenant of the manufactured/mobile home community;
b. The officers of any known “qualified tenant organization” and known “eligible organizations,” as defined in Chapter 20.08 BMC;
c. The office of mobile/manufactured home relocation assistance;
d. The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;
e. The housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists; and
f. The Washington State Housing Finance Commission.
2. A notice of sale must include:
a. A statement that the landlord intends to sell the manufactured/mobile home community;
b. The contact information of the landlord or landlord’s agent who is responsible for communicating with the qualified tenant organization or other eligible organizations regarding the sale of the property;
c. The price, terms, and conditions which the MHP owner has conditionally accepted or intends to accept for the sale of the MHP, along with a copy of any pending purchase and sales agreement signed by the parties; and
d. A statement of the deadline for a qualified tenant organization or other eligible organization to notify the MHP owner of its interest in purchasing the MHP and to submit a proposed purchase and sale agreement.
3. If a MHP owner enters into a purchase and sale agreement prior to providing the notification to tenants and other organizations identified in subsection (A)(1) of this section, then the purchase and sale agreement shall include an express reference to the notice requirements, including the owner’s obligation to negotiate in good faith with the tenants if they notify the owner in writing of their interest in purchasing the MHP. Also, any purchase and sale agreement should include a closing date no earlier than six months from the date of execution to provide the required notice to the tenants and afford them a meaningful opportunity to negotiate a purchase of the park.
B. Opportunity to Purchase. If a qualified tenant organization or other eligible organization, after receiving the notice of sale, wishes to purchase the MHP, it shall submit a proposed purchase and sale agreement in writing via certified or registered mail to the MHP owner within 60 days of receipt of the MHP owner’s notice of sale. The MHP owner shall engage in good faith negotiations with the qualified tenant organization or other eligible organization. If the MHP owner accepts the organization’s proposal, the organization shall have 120 days in addition to the 60-day notice period in which to obtain any necessary financing or guarantees and to close on the purchase. If no qualified tenant organization exists at the time the MHP owner gives its notice of sale, the homeowners may form one for the purpose of considering whether to exercise the purchase opportunity.
C. Relocation Standards.
1. The owner of a MHP that is closing or changing use must comply with the applicable requirements of the Manufactured/Mobile Home Landlord-Tenant Act (Chapter 59.20 RCW) and Mobile Home Relocation Assistance (Chapter 59.21 RCW).
2. The owner of a MHP must submit a relocation report and plan to the city of Bellingham’s planning and community development department for approval prior to issuing a 12-month eviction notice in the case of a change of use or closure of a MHP. The relocation report and plan shall describe how the MHP owner intends to comply with this section and how the MHP owner will assist each MHP tenant household to relocate, in addition to making any state or federal required relocation payments. Such assistance must include providing tenants an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for state-required relocation assistance, and helping tenants to move their manufactured/mobile homes from the MHP. Further, the relocation report and plan shall contain the following information:
a. The name, address, and family composition for each MHP tenant household, and the expiration date of the lease for each household;
b. The condition, size, ownership status, HUD and State Department of Labor and Industries certification status, and probable mobility of each mobile/manufactured home occupying a MHP lot;
c. Copies of all lease or rental agreement forms the MHP owner currently has in place with MHP tenants;
d. To the extent MHP tenants voluntarily make such information available, a confidential listing of current monthly housing costs, including rent or mortgage payments and utilities, for each MHP tenant household;
e. To the extent MHP tenants voluntarily make such information available, a confidential listing of gross annual income for each MHP tenant household;
f. An inventory of relocation resources, including available mobile/manufactured home spaces in Whatcom, Skagit, and Snohomish Counties;
g. Actions the MHP owner will take to refer MHP tenants to alternative public and private subsidized housing resources;
h. Actions the MHP owner will take to assist MHP tenants to move the mobile/manufactured homes from the MHP;
i. Other actions the owner will take to minimize the hardship MHP tenant households suffer as a result of the closure or conversion of the MHP; and
j. A statement of the anticipated timing for park closure.
3. The city of Bellingham’s planning and community development department may require MHP owners to designate a relocation coordinator to administer the provisions of the relocation report and plan.
4. The MHP owner shall make available to any MHP tenant residing in the MHP copies of the proposed relocation report and plan, with confidential information deleted. Once the planning and community development department approves the relocation report and plan, a copy of the approved relocation report and plan shall be delivered to each MHP tenant with the required 12-month eviction notice.
5. The MHP owner shall update the information required under this code section to include any change of circumstances occurring after submission of the relocation report and plan that affects the relocation report and plan’s implementation.
6. No MHP owner may close a MHP or obtain final approval of a comprehensive plan or zoning amendment until the MHP owner obtains a certificate of compliance from the planning and community development department. The department shall issue a certificate of compliance only if satisfied that the owner has complied with the provisions of an approved relocation report and plan, with eviction notice requirements of RCW 59.20.080 and 59.21.030, with relocation assistance requirements of RCW 59.21.020, and any additional requirements imposed by the city. [Ord. 2022-11-025 § 3].