Know Your Rights

Your Rights Under State Law (MN Statute 327C)


Storm Shelters and Evacuation

Parks with 10 or fewer homes are not required to have a storm shelter. However they are required to have an evacuation plan that must be approved by the local municipality. Parks with more than 10 homes licensed prior to March 1, 1988 must provide either a storm shelter or an evacuation plan. Parks licensed after March 1, 1988 must provide a shelter within the park

Reasonable Rule

Park rules, leases and regulations must:

Unreasonable and Illegal Rules
Unreasonable rules are not allowed and include but are not limited to:

Parks cannot make rules that conflict with a resident’s privacy within their home and freedom of expression within the park.

Park Rule Changes

Law requires an owner to give residents 60 days' written notice before changes take effect. All change must be reasonable. Any new rule that “substantially modifies” previous policies can only be enforced against new residents.

Substantial modification is defined as:

Rent Increase

A park owner must give residents 60 days’ written notice of any rent increase, and the owner may only increase the rent twice in 12 months.

Eviction

There are only eight reasons for which a resident may be evicted:

Park Closing

Park owner must provide a “closure statement” to local planning agency and each resident nine months before the planned closing. The “closure statement” must say the park is closing and it must list replacement housing within 25 miles of the park as well as give estimates for moving homes from the park. A public hearing is required through the local municipality to determine the impact of the park closing on residents.

45 Day Right of First Refusal

If a park is closing for redevelopment within a year of a purchase agreement the residents have 45 days to match the price terms and conditions of the buyer’s offer.

Resident Associations

Residents within a park have a right to form a Resident Association. They are formed to solve problems concerning living conditions within the park. To form a resident association, park residents need 51% of the park to sign a petition to form a resident association. Park owners cannot retaliate against residents for participating in the activities of a resident association, for making a complaint or attempting to exercise their rights in good faith.

Office of Minnesota Attorney General

This Manufactured Home Park Handbook explains the Minnesota laws concerning manufactured home park residents and park owners. A right or privilege guaranteed by law cannot be waived.

Tenant Hotline (Toll Free)

Metro Area (651) 644-5525
Toll Free (855) 361-2722
Email: hotline@allparksallianceforchange.org


The APAC hotline is a free, convenient, and confidential resource available to park residents across Minnesota who have questions regarding their rights as manufactured home residents. Every year we receive about 500 calls and emails from park residents with questions concerning manufactured home park laws, compliance notices, evictions, etc. The hotline is answered by APAC staff who are available during normal business hours and respond to voicemails as quickly as possible. If you prefer email, you can send questions to the confidential hotline@allparksallianceforchange.org and you will get a prompt response.

Through the hotline, we help residents to determine their rights and responsibilities. We also answer 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 workshops and resident association organizing campaigns.

The hotline provides information about the law designed to help residents and is not to be taken as legal advice. Legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, the law changes rapidly and sometimes with little notice so from time to time some of the information may not be up to date. We recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. APAC does not represent any user of the hotline service in any matter.

Your Rights under Minnesota Law

Find links to Minnesota laws regarding manufactured home parks (here) ,
manufactured homes (here) , or manufactured home repossession (here).

Access
Candidates for office, 211B.20
Park owners' rights, 327C.14

Accessory Buildings and Structures
Maintenance and repair, rules, 327C.02
Replacement as condition of sale, 327C.07

Affidavits, park closure or conversion, compliance, 327C.095

Attorney fees, eviction proceedings, 327C.11

Brokers, park owners acting as, in park sales, 327C.07

Buyers, 327C.02, 327C.07

Candidates, access, 211B.20

Closing of parks, 327C.01, 327C.095

Closure statements, 327C.01, 327C.095

Complainants, retaliation against, 327C.12

Condominium conversions to common interest communities, 327C.095

Constitutional rights, freedom of expression, rules, 327C.13

Contracts and Agreements
In park sales, approval contingency, 327C.07
Manufactured homes, installation or removal, 327C.03
Rental agreements (see same under this topic)

Conversions to common interest communities, 327C.095

Cooperative or nonprofit ownership, conversion to
Housing Finance Agency loans and grants, 462A.05

Defenses, eviction, 327C.10

Definitions
Exclusions, 327.23
Lot rentals, 327C.01
Minnesota Condominium Act, 515.02
Recreational manufactured home parks, 327.14
Solid waste management taxes, 297H.01

Deposits, security deposits, 327C.02, 327C.03

Descriptions of property
Lots, homestead determination, 273.124

Disclosure, in park sales, 327B.08, 327C.02, 327C.07

Discrimination, violations, 327C.095, 327C.15

Displaced residents, 327C.01, 327C.095

Electricity (see Utility Service)

Enforcement of Law
Attorney general, duties, 327C.095, 327C.15
Boards of health, duties delegated to, 145A.07
Park closure or conversion violations, 327C.095

Enforcement of rules, new or amended rules, 327C.02

Evacuation or shelter plans
Prospective buyers, notice received, 327C.02
Rental agreements, attachments, 327C.01
Resident copy, park owner to provide, 327.20

Eviction
Defenses, 327C.10
Generally, 327C.11
Grounds, 327C.09, 327C.10
Notice, 327C.09
Rules violations, notice, 327C.09
Secured parties, 327C.07, 327C.08

Exclusions, 327C.01

False advertising, violations, 327C.095, 327C.15

False statements
Tenancy applications, eviction, 327C.09

Fees
Generally, 327C.03
In park sales, 327C.07
Inspections, 327C.07
Security deposits, 327C.02, 327C.03
Utility service (see same under this topic)

Fines, rent increases, using as payment, 327C.06

Forms
Park closure or conversion, notice, 327C.095
Rental agreements, notice of rules and rights, 327C.02
Safety feature disclosure, 327C.07

Fraud
In park sales, violations, 327C.07
Misrepresentation and deceptive practices, 327C.07
Violations, generally, 327C.095, 327C.15

Freedom of expression, rules, 327C.13

Furnace oil (see Utility service under this topic)

Hearings, variances or zoning changes, 327C.095

Homeowners, certificates and certification, home safety features, installation and inspection, 327C.07

Homesteads, determination, 273.124

Improvements to park, eviction, notice, 327C.09

In-park sales
Disclosure, 327B.08, 327C.02, 327C.07
Eviction, secured parties, duties, rights, 327C.07, 327C.08
Generally, 327C.07
Inspections of homes, 327C.07, 363A.38
Prospective buyers, 327C.02, 327C.07
Safety feature disclosure form, 327C.02, 327C.07
Used manufactured homes, limited dealer's license, 327B.04

Inspections, 327C.07

Investigations
Attorney general, duties, 327C.095, 327C.15
Park closure or conversion violations, 327C.095

Lake City, 458.73

Land registration, closure or conversion, 327C.095

Landlords (see Park owners under this topic)

Lawsuits, 327C.02

Lease terms, financially distressed residential rental property, exception, 504B.151

Liability, 327C.07, 327C.08

Licenses, boards of health, 145A.07

Lot rentals
Defined as shelter costs, 256D.35
Definitions, 256J.08, 327C.01
Payment as condition of sale, 327C.07
Rental agreements (see same under this topic)
Secured parties, duties, 327C.07, 327C.08

Lots
Access, park owners' rights, 327C.14
Descriptions of property, homesteads, determination, 273.124
Eviction, 327C.09, 327C.095
Inspections, 327C.07
Maintenance rules, compliance as condition of sale, 327C.07
Rental (see Lot rentals under this topic)
Rental agreements (see same under this topic)
Repossession lawsuits, 327C.02
Size requirements, ordinances, 366.151, 394.25
Unimproved lots, sale, storage, or display of manufactured homes, 327B.04

Maintenance and repair
Accessory buildings, 327C.02, 327C.07
Generally, 327C.03
Liability, 327C.07
Replacement of structures, rules, 327C.02
Rules, 327C.02, 327C.07

Manufactured home park cooperatives
Homesteads, determination rules, 273.124

Manufactured homes in park
Access, park owners' rights, 327C.14
Density, ordinances, 366.151, 394.25
Generally, 327C.07
In-park sales (see same under this topic)
Installation or removal, contracts, fees, 327C.03
Maintenance and repair rules, 327C.02, 327C.07
Ordinances, laws, or rules, noncompliance, eviction, 327C.09
Prospective buyers, 327C.02, 327C.07
Removal after repossession, 327C.08
Repossession, secured parties, duties, rights, 327C.08
Residents, maximum number, rules, 327C.05
Safety features, 327C.02, 327C.07
Setback requirements, ordinances, 366.151, 394.25

Meters (see Utility service under this topic)

Misrepresentation, in-park sales, violations, 327C.07

Natural gas (see Utility service under this topic)

Noise, loud noises, eviction, 327C.09

Nuisances, recreational manufactured home parks, 327.20

Orders, 327C.02

Ordinances
Lots, 366.151, 394.25
Manufactured homes in park, density, 366.151, 394.25
Setbacks, 366.151, 394.25
Zoning, 366.151, 394.25, 462.357

Park owners
Access to manufactured homes or lots, rights, 327C.14
Certificates and certification, rent paid, 290A.19
Generally, 327C.07
Limited dealer's license, used manufactured homes, 327B.04
Mail and mailing, 327C.09, 327C.095
Manufactured home sales, license prerequisites, 327B.04
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 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 application with 14 days. The park owner must either provide a decision or give written explanation of why there is a delay and make the decision as soon as possible after words. If the park does not provide a decision of explanation, the park may not deny the prospective buyer as a resident.

MN Supreme Court "Freedom of Expression" Decision

How much can free speech rights be restricted by a manufactured home park owner in Minnesota? That’s the issue the Minnesota Supreme Court agreed to review in APAC’s appeal of a lower court ruling.

The lawsuit grew out of an 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 brought up, 1) could a person seeking election not doorknock their constituents without having to obtain a no contact list and 2) were Halloween “trick or treaters” not allowed to door knock for candy since they were soliciting.

To the first question their lawyer replied that yes, anyone seeking election would have to obtain a no contact list. To the second questions, regrettably, stumped by his own argument, the attorney had to agree that yes in fact trick or treating under their current rules made it seem like little kids could not ask for candy.

Tenant Hotline: Common Questions & Answers

Metro Area (651) 644-5525
Toll Free: (855) 361-2722
Email: hotline@allparksallianceforchange.org


The APAC hotline is a free, convenient, and confidential resource available to park residents across Minnesota who have questions regarding their rights as manufactured home residents. Every year we receive about 500 calls and emails from park residents with questions concerning manufactured home park laws, compliance notices, evictions, etc. The hotline is answered by APAC staff who are available during normal business hours and respond to voicemails as quickly as possible. If you prefer email, you can send questions to the confidential hotline@allparksallianceforchange.org and you will get a prompt response.

Through the hotline, we help residents to determine their rights and responsibilities. We also answer 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 simply because the resident is making honest requests or complaints regarding the park. Furthermore, the park may not increase rent or decrease services in retaliation for a resident’s honest complaints or requests.

Q: I got into a disagreement with my park manger and now the manager says that I have to leave the park by the end of the week or he’ll evict me on Monday. I don’t want an eviction on my record. Do I have to leave?
A: There are only eight reasons that allow for resident eviction. If one of these reasons isn’t met, then the resident can’t be evicted. Simply disagreeing with a manager is not one of the eight reasons and therefore not grounds for eviction. Also, the park manager himself cannot evict a resident; only a judge can evict a resident.

These are just some of the questions we get from the hotline. Please call with questions of your own or if you have further questions regarding the above situations.

Tenant Remedies Actions

When a homeowner and a park owner sign a lease agreement, the homeowner is agreeing to abide by certain rules and to follow though on certain 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 to get the repairs done.

Most importantly, a person can not be evicted or have a decrease in services, simply for demanding that the community owner make repairs. State law is very clear that any increase in rent, decrease in services or eviction against a person in these circumstances in retaliation.

The Minnesota Courts have put together a variety of useful sample forms for residents wishing to assert their rights in court. These are available online here.