,,ii #aaith ,,congress #ast ,session ,s4 #aaid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjbe,mrs4 ,shaheen 7for herself1 ,mr4 ,blumenthal1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to ensure that federally backed financing for the construction1 rehabilitation1 or purchase of manufactured home communities is available only for communities whose owner has implemented minimum consumer protections in the lease agreements with residents of all manufactured home communities owned by such owner1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,manufactured ,housing ,tenant's ,bill of ,rights ,act of #bjbe4 #b4 ,definitions ,for purposes of this ,act1 the following definitions shall apply3 7#a7 ,affiliate ,except as provided by the ,secretary or the ,director1 as applicable1 the term affiliate means1 with respect to a borrower referred to in section #c7;a71 any entity that controls1 is controlled by1 or is under common control with1 the borrower4 7#b7 ,covered loan program ,the term covered loan program means any of the following programs3 7,a7 ,the program under section #bjg of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agac7 for insurance of loans for financing for the construction or substantial rehabilitation of manufactured home parks4 7,b7 ,the program of the ,federal ,national ,mortgage ,association for multifamily loans for manufactured home communities4 7,c7 ,the program of the ,federal ,home ,loan ,mortgage ,corporation for loans for manufactured home communities4 7#c7 ,covered pricing incentive ,the term covered pricing incentive means any pricing discount available to borrowers under any of the covered loan programs that rewards the borrower's implementation of #a or more specific resident protections and is designed to ensure that the benefits of a covered loan program are provided at a lower cost for manufactured home communities based on the extent to which residents of a manufactured home community are better protected from predatory rent increases and management practices4 7#d7 ,director ,the term ,director means the ,director of the ,federal ,housing ,finance ,agency4 7#e7 ,enterprise ,the term enterprise has the meaning given the term in section #acjc of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #dejb74 7#f7 ,manufactured home ,the term manufactured home-- 7,a7 has the meaning given the term in section #fjc of the ,national ,manufactured ,housing ,construction ,safety and ,standards ,act of #aigf 7#db ,u4,s4,c4 #edjb72 and 7,b7 includes any structure described in such section #fjc without regard to-- 7i7 whether the structure complies with any standards under such ,act2 and 7ii7 the date of the manufacture of the structure4 7#g7 ,manufactured home community ,the term manufactured home community means any community1 court1 or park equipped to accommodate manufactured homes for which pad sites or pad sites and the manufactured homes1 or both1 are leased to residents to be used primarily for residential purposes1 including any manufactured home community1 as the term is used for purposes of a program described in subparagraph 7,b7 or 7,c7 of paragraph 7#b74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #c4 ,requirements for covered loan programs 7a7 ,requirements ,on and after the date that is #ahj days after the date of enactment of this ,act1 no loan shall be eligible for insurance by the ,secretary or purchase by an enterprise1 as applicable1 under a covered loan program unless-- 7#a7 the borrower under the loan certifies to the ,secretary or the applicable enterprise that the borrower will include1 in any lease agreement for a pad site1 or a pad site and manufactured home1 located in any manufactured home community that the borrower or an affiliate of the borrower owns1 the minimum consumer protections described in subsection 7b72 and 7#b7 the borrower complies with regulations issued by the ,secretary or the ,director1 as applicable1 that require the borrower to submit documentation to the ,secretary1 or to the applicable enterprise and the ,director1 that is sufficient1 as determined by the ,secretary or the ,director1 to ensure that the borrower is complying with the certification described in paragraph 7#a71 which shall include a copy of the standard lease agreement used by the borrower that includes the minimum protections described in subsection 7b74 7b7 ,minimum consumer protections 7#a7 ,in general ,the minimum consumer protections described in this subsection are as follows3 7,a7 #a-year lease terms that are renewable for additional #a-year terms unless there is good cause for non-renewal4 7,b7 7i7 ,a right to receive written notice of any newly required charges 7including water and other utilities7 or increase in the rents for pad sites1 or pad sites and manufactured homes1 located in the community1 including a written justification of the increase with information on increases in the costs of operating1 maintaining1 or improving the community4 7ii7 ,a written notice described in clause 7i7 shall-- 7,i7 be provided to the tenant not less than #fj days before the effective date of any newly required charge or increase in the rents1 except that1 in the case of any increase exceeding #e percent of the previous monthly rent1 an additional #cj-;days notice shall be provided for each additional #b4e-percent increase in the rent2 and 7,,ii7 include identification of the amount of1 and a description of1 any newly required charges 7including water and other utilities7 that the tenant is not currently responsible for but will be responsible for upon the rent increase and1 if available1 an estimate of the monthly amount of those charges4 7iii7 ,for purposes of the calculation in clause 7i77,i7-- 7,i7 the amount of any increase in the monthly rent for a dwelling unit shall be considered to include any newly required charges described in clause 7i77,,ii72 and 7,,ii7 any newly required charges without an estimate of the monthly amount shall be estimated at #e percent of the previous monthly rent4 7,c7 ,a #e-;day grace period for rent payments4 7,d7 ,a right to cure defaults on rent payments within #ae days of the due date4 7,e7 ,a right for a tenant who owns a manufactured home to sell a manufactured home owned by the tenant without having to first relocate the manufactured home out of the community4 7,f7 ,a right for a tenant who owns a manufactured home to sell a manufactured home owned by the tenant in place within a reasonable time period1 but not earlier than #de days1 after eviction by the owner of the manufactured home community4 7,g7 ,a right for a tenant who owns a manufactured home-- 7i7 to sublease or assign the pad site lease for the unexpired term to a new buyer of the manufactured home unless the prospective tenant fails to meet the reasonable and uniformly applied application criteria of the manufactured home community2 and 7ii7 in such a case of denial1 a right to written notice provided by the owner of the manufactured home community informing the tenant of the denial and the prospective tenant of the denial and the specific reason or reasons for denial4 7,h7 ,a right for a tenant who owns a manufactured home to post ,for ,sale signs4 7,i7 ,a right to receive #fj-;day advance written notice of the planned sale or closure of the manufactured home community1 which shall-- 7i7 include the price1 terms and conditions for the sale of the manufactured home community2 and 7ii7 provide that-- 7,i7 no final acceptance of an offer to sell the manufactured home community may be made for #fj days2 and 7,,ii7 the owner shall negotiate in good faith with the tenants if they wish to purchase the manufactured home community during that #fj-;day period2 7,j7 7i7 ,a right against termination of tenancy except in cases in which a tenant engages in a material noncompliance with the rental agreement1 a tenant commits a material violation of the manufactured home community reasonable rules or regulations1 or the community has a material1 legitimate1 and uniformly applied business reason for termination that was included in the lease agreement as grounds for termination4 7ii7 ,in the case of a termination described in clause 7i71 a right to written notice provided by the owner of the community informing the tenant of the termination and the specific reason or reasons for termination4 7#b7 ,rule of construction ,nothing in this subsection may be construed to annul1 alter1 or affect any ,state or local law providing greater protections to tenants of manufactured home communities than the protections afforded under this subsection4 7c7 ,pricing incentives 7#a7 ,in general ,any covered pricing incentive offered for loans purchased under a covered loan program on or after the date that is #ahj days after the date of enactment of this ,act shall reward implementation of resident protections that are more protective than those specified in subsection 7b74 7#b7 ,prohibition ,any covered pricing incentive described in paragraph 7#a7 that does not comply with the requirement described in that paragraph may not be offered for any loan purchased under a covered loan program on or after the date that is #ahj days after the date of enactment of this ,act4 7d7 ,publication 7#a7 ,in general ,the ,secretary and the ,director shall make the list of properties covered by the protections described in subsection 7b7 publicly available on a single website4 7#b7 ,other covered properties ,properties that are covered as of the date of enactment of this ,act by the ,federal ,national ,mortgage ,association's ,tenant ,site ,lease ,protections or the ,federal ,home ,loan ,mortgage ,corporation's ,,mhc ,tenant ,protections shall-- 7,a7 be made publicly available2 and 7,b7 include an explanation of the differences between those protections and the minimum consumer protections described in subsection 7b74 7e7 ,penalties 7#a7 ,in general ,the ,secretary and the ,director shall-- 7,a7 prohibit a borrower or an affiliate of the borrower from securing future federally backed financing or other housing-related ,federal assistance for a period of not less than #b years beginning on the date of the violation or failure if the borrower or affiliate1 as applicable1 willfully and materially-- 7i7 violates a consumer protection described in subsection 7b72 or 7ii7 fails to include the consumer protections described in subsection 7b7 in any lease agreement2 and 7,b7 determine appropriate penalties for any borrower who fails to-- 7i7 include the consumer protections described in subsection 7b7 in any lease agreement2 or 7ii7 comply with a lease agreement including the protections described in subsection 7b74 7#b7 ,nature of penalties ,the penalties determined under paragraph 7#a77;,b7 shall be in addition to minimum payments to the injured tenant as follows3 7,a7 ,for a material violation of subparagraph 7,a7 or 7,j7 of subsection 7b77#a71 #f months of the current monthly rent4 7,b7 ,for a material violation of subsection 7b77#a77;,b71 any increased rent must be paid back to the tenant with interest1 plus #be percent4 7,c7 ,for a material violation of subsection 7b77#a77;,c71 any penalties or late fees must be paid back to the tenant with interest1 plus #be percent4 7,d7 ,for a material violation of subparagraph 7,d71 7,e71 or 7,f7 of subsection 7b77#a71 the greater of-- 7i7 the sale price of the manufactured home1 if the borrower or an affiliate sells it within #ab months of the violation2 or 7ii7 #ab months of the prior monthly rent4 7,e7 ,for a material violation of subparagraph 7,g7 or 7,h7 of subsection 7b77#a71 the total remaining monthly rent owed on the tenant's lease4 7,f7 ,for a material violation of subsection 7b77#a77;,i71 the greater of #b months rent or #aj percent of the sale price of the community divided by the number of tenants in the manufactured home community4 #d4 ,manufactured ,home ,community ,lending ,standards ,commission 7a7 ,establishment ,there is established a commission to be known as the ,manufactured ,home ,community ,lending ,standards ,commission4 7b7 ,duties 7#a7 ,proposed standards ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to ,congress1 the ,secretary1 and the ,director a report that sets forth proposed consumer protection standards for covered loan programs that-- 7,a7 are in addition to and provide greater protection than the requirements described in section #c7;b72 and 7,b7 could be used as a basis for establishing covered pricing incentives under the covered loan programs that comply with section #c7;c74 7#b7 ,standard for determinations ,any determination by the ,commission to approve a consumer protection in the proposed standards required under paragraph 7#a7 shall be made by a vote of a simple majority of the members of the ,commission4 7c7 ,membership 7#a7 ,number and appointment ,the ,commission shall be composed of #af members1 as follows3 7,a7 ,the ,secretary 7or the ,secretary's designee74 7,b7 ,the ,director 7or the ,director's designee74 7,c7 #a representative from each enterprise4 7,d7 #c each shall be appointed by the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate4 ,of the #c members appointed by each such officer-- 7i7 #a shall be employed at the time of appointment as a professor or academic researcher with demonstrated background in housing and consumer protection issues1 especially as they relate to manufactured homes2 7ii7 #a shall be a current or former member of ,congress2 and 7iii7 #a shall be a current resident and homeowner at a manufactured home community4 7#b7 ,chairperson and co-chairperson 7,a7 ,chairperson ,the chairperson of the ,commission shall be designated by the ,president from among the members of the ,commission4 7,b7 ,co-chairperson ,the co-chairperson of the ,commission shall be selected as follows3 7i7 ,designation by ,speaker of the ,house ,if1 on the date of appointment1 the ,speaker of the ,house of ,representatives is of a different political party than the ,president1 the ,speaker of the ,house of ,representatives shall designate the co-chairperson from among the members of the ,commission4 7ii7 ,designation by minority leader of the ,house ,if1 on the date of appointment1 the ,speaker of the ,house of ,representatives is of the same political party as the ,president1 the minority leader of the ,house of ,representatives shall designate the co-chairperson from among the members of the ,commission4 7#c7 ,timing of appointments ,appointments to the ,commission shall be made not later than #de days after the date of enactment of this ,act4 7#d7 ,terms2 vacancies 7,a7 ,terms ,each member shall be appointed for the life of the ,commission4 7,b7 ,vacancies ,any vacancy in the ,commission shall-- 7i7 not affect the powers of the ,commission2 and 7ii7 be filled within #de days of the vacancy in the manner in which the original appointment was made4 7#e7 ,hearings 7,a7 ,in general ,in carrying out the duties of the ,commission under this section1 the ,commission is authorized to hold such hearings and take testimony with respect to matters to which it has a responsibility under this section4 7,b7 ,oaths ,the chairperson of the ,commission1 or any member of the ,commission authorized by the chairperson1 may administer oaths or affirmations to witnesses appearing before the ,commission4 7#f7 ,prohibition of compensation ,members of the ,commission shall serve without pay4 7d7 ,operation and powers 7#a7 ,meetings ,the ,commission shall meet not later than #cj days after the date upon which a majority of the members of the ,commission have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine4 ,detailed minutes of each meeting of the ,commission1 except for any closed session1 shall be kept and shall include a record of the persons present and a complete and accurate description of matters discussed4 7#b7 ,rules of procedure ,the chairperson and co-chairperson of the ,commission shall1 with the approval of a majority of the members of the ,commission1 establish written rules of procedure for the ,commission1 which shall include a quorum requirement to conduct the business of the ,commission4 7#c7 ,hearings 7,a7 ,frequency ,the ,commission shall hold no fewer than #b hearings on matters to carry out the duties of the ,commission under subsection 7b74 7,b7 ,testimony ,the ,commission may take testimony and receive evidence as the ,commission considers appropriate4 7,c7 ,notice 7i7 ,hearings ,timely public notice of each hearing of the ,commission1 including the time1 place1 and agenda of the meeting1 shall be provided by any means determined by the ,commission to provide for wide publicity4 7ii7 ,meetings ,timely notice of each regular meeting of the ,commission shall be published in the ,federal ,register4 7iii7 ,comments ,interested persons shall be permitted to submit written statements regarding the matters on the agenda of the hearings of the ,commission4 7e7 ,termination ,the ,commission shall terminate upon the submission of the report required under subsection 7b77#a74 #e4 ,funding 7a7 ,prohibition ,no additional funds are authorized to be appropriated to carry out this ,act4 7b7 ,use of existing funds ,any expenses required to carry out this ,act shall be funded using amounts otherwise available to the ,department of ,housing and ,urban ,development or to the ,federal ,housing ,finance ,agency4 #f4 ,standard lease 7a7 ,in general ,the ,director shall1 in consultation with the enterprises1 develop a standard site-lease agreement that the enterprises will certify provides sufficient certainty to ensure that the mortgage loans secured by homes in manufactured home communities utilizing the standard lease will be eligible for purchase under the single-family mortgage programs of the enterprises4 7b7 ,submission to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,director shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives a copy of the standard site-lease agreement developed under subsection 7a74