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

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

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 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

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

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)

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

Purchase agreements
Common interest community conversions, 327C.095

Recreational manufactured home parks

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

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

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)

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

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.

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.

Resident Associations

What is a Resident Association?

A Resident Association is a legally recognized voice for residents of manufactured home parks. According to Minnesota Statue 327C.01 subd. 9a. "Resident Association" means an organization that has the written permission of the owners of at least 51% of the manufactured homes in the park to represent them, and which is organized for the purpose of resolving matters relating to living conditions in the manufactured home park. Resident Associations can address many park wide issues by requesting necessary repairs and maintenance and improvements in health and safety conditions in the park. A Resident Association can bring park residents together and serve as an effective outlet to voice concerns and take action against unfair park rules. It can also work to pass a Park Closing Ordinance, or address other issues that affect residents of your park.

How to Form One

Step 1: Identify park concerns a Resident Association could address
Step 2: Collect signatures for Resident Association petition
Step 3: Define mission statement of the Association
Step 4: Hold Board Elections
Step 5: Approve By-laws
Step 6: Incorporate the Association (optional)
Step 7: Celebration
Step 8: Win real victories for your community!

APAC is here to help you. We can provide information, advice, and support in forming a resident association. In some cases, we can flyer the park with information and, if there is a strong interest, we can even organize an educational workshop in the park. Workshops generally cover resident rights and responsibilities as well as other questions as they come up.

Signing the agreement to join the Resident Association does not mean you must attend Resident Association meetings. it simply says that it gives the Resident Association permission to speak on park residents' behalf regarding park-wide issues. The people who sign on to the Resident Association will remain confidential. Management will not have access to the list of Resident Association members.

If you are interested in creating a Resident Association in your park or if you think there is interest in a residents' rights workshop in your area, contact APAC in the metro area at 651-644-5525 or outside the metro area at 1-855-361-2722 to find out what can be scheduled. To find out more about organizing your community refer to APAC's Organizing Manual.

Risk of Park Closings

Manufactured home parks provide one of the most important sources of affordable housing in Minnesota, providing homes to 150,000 individuals. But, as land values soar and redevelopment pressures build, parks are closing at an increasing rate. Under state law, these low-income homeowners are given only three options during a park closure: try to move the home to another park (or parcel of land) at a significant expense; leave the home where it is and pay for its demolition; or approach their municipality about adopting a park closing ordinance in order to obtain compensation. All Parks Alliance for Change (APAC) is releasing this report which looks at the vital role of parks, the impacts of closure, and the response of Minnesota cities over the last two decades.

“Manufactured home parks are a vital source of affordable housing. Many people can literally not afford to live anywhere else if their park closes,” said Dave Anderson, APAC executive director. “The closure of a park can be financially devastating for residents and most often means the loss of their homes and no where else to move within their means.” Homes are most often unmovable because of age, moving costs (averaging $5,000 to $15,000), shortage of available lots, or parks barring homes over 10 years old (71% of homes). “Owners of traditional stick-built homes are fully compensated when new development forces them to abandon their homes, but residents of parks are not,” added Anderson.

Rising land values, deferred maintenance and the desire to enlarge the local tax base increase the risk of park closures. During the last five years, the value of land has increased at a record-breaking pace in Minnesota. Prime developable real estate can sell anywhere from $15,000 to $50,000 an acre. In 2003, land prices in Minnesota increased more than 12%, the fastest growth rate in the nation. In the last five years, there have been 12 park closures totaling 219 households. There are currently 5 parks in the process of closing totaling 253 more households. There are another 16 parks at risk of closure adding another 1,626 threatened households.

“On the surface, park closures due to redevelopment seem like a natural mechanism of the real estate market – a parcel of land is sold by its owner to a developer that will put it to another use. Ostensibly, the park is brought to a use that is ‘higher’ and ‘better.’ However, there is much more to the story,” said Margaret Kaplan, APAC staff attorney. “Park closures not only impact the families living in the park, but this mass displacement can also have effects on their communities and local economies, including higher demand on social services, increased homelessness, and losses to the local work force and consumer base.”

State and local governments have a vital role in addressing this problem because they license and regulate parks, and restrictively zone manufactured homes to parks. In 1987, Minnesota passed legislation allowing cities to adopt park closing ordinances. These ordinances guarantee that when a park is closed, the park owner and/or buyer will pay reasonable relocation costs to move each home within a 25-mile radius. If a home cannot be moved, the owner/buyer buys out the home at its tax assessed or appraised market value. Twenty-one cities have adopted ordinances, which leave the residents in park neighborhoods of 380 other cities unprotected.

“The goal is to allow park residents to have a sense of security. They are 80 percent low to very low income; yet they have become home owners without any kind of public subsidy. They deserve a peace of mind,” said Daren Nyquist, the reports author. “Park closing ordinances do not seek to put limitations on the transactions of private property. They are simply a tool to ensure that the property interests of the owner of the underlying land are fairly balanced against the property rights of the homeowners.”

Park closing ordinances can bring some protection to manufactured home park residents. They provide a structural guide to park closings at the local level and allow the means for residents to transition to alternative housing. Additionally, in an effort to rectify some of the consistently occurring problems related to these ordinances, a new model ordinance was drafted in 2006 and is attached to the report.

During the 2007 Minnesota Legislative Session, APAC is seeking to establish uniform statewide standards that guarantee reasonable compensation for moving costs or a home buy-out. The proposed Manufactured Home Relocation Trust Fund was introduced as House File 1205, authored by Rep. Scott Kranz (DFL-Blaine), and Senate File 1196, authored by Sen. Michael Jungbauer (R-East Bethel).

In 2006, Rep. Kranz spoke with many park homeowners in Blaine; a fast-growing north metro suburb in which 14 percent of the city’s residents live in manufactured home parks. Blaine, however, does not have a park closing ordinance. “These communities are diverse, hard working, and make valuable contributions to society,” said Rep. Kranz. “Park residents are real people that deserve peace of mind.

Organizing Manual (and Fundraising Manual)

Free Organizing Manual Now Available!

The much anticipated APAC Community Organizing Manual is now available online for printing and distribution. This manual is a collection of original and modified organizing materials specifically designed for use in manufactured home park organizing efforts. These materials are not only for homeowners and homeowner associations, but for nonprofit professionals to better understand resident concerns and how to effectively work with them, including housing and consumer advocates, public interest law firms, community housing development organizations, and others. Download sections as needed and call with any questions you may have!

This organizing manual can be used and distributed individually or collectively; however, some material is based on concepts presented in previous sections. The downloadable sections are as follows:

1) Introduction & Table of Contents
2) Organizing
3) Leadership
4) Resident Associations
5) Park Prejudice
6) Racial Justice
7) Media and Messaging
8) Policy

Additionally, see our Fundraising Supplement to the Organizing Manual.

Past Legislative Victories

1980
APAC is founded as the “Anoka People's Alliance for Change” to address the needs of low and moderate income individuals. Over 70 citizens attended the first meeting at Blaine High School, which covered issues of inadequate public transportation, lack of low cost health care, and other issues. APAC later evolved into “All Parks Alliance for Change” becoming an effective voice for manufactured home park residents. APAC obtained increased health care funding for low to moderate income individuals provided for under the Hill-Burton Act.

1982
APAC successfully lobbied the Minnesota Legislature to eliminate no cause eviction, prevent retaliatory eviction and establish storm shelter standards. The bill was signed into law on March 22, 1982.

1983
APAC successfully lobbied the Minnesota Legislature to bar so-called 15-year clauses in leases. These clauses allowed park owners to prohibit in-park sales of older homes, forcing residents with older homes to either demolish the home or move it out of the park at their own expense. Residents now have the right to sell a home within the park regardless of the age as long as it is in compliance with park rules.

1987
APAC successfully lobbied the Minnesota Legislature to authorize municipalities to require park owners and/or purchasers to provide relocation compensation in the event of a park closing. APAC also successfully pushed a storm shelter law allowing for stricter enforcement of shelter requirements. It gives cities the authority to order park owners to construct shelters if an evacuation plan is determined to be inadequate.

1989
APAC successfully lobbied the Minnesota Legislature for to allow cooperative and nonprofit owned parks to homestead. This tax change reduces the costs of park conversions by lowering property taxes about 65%.

1991
APAC successfully lobbied the Minnesota Legislature for to create a right of first refusal in the event that a park is sold for redevelopment within one year of that sale. Residents or an authorized nonprofit are given 45-days to match the terms and conditions of the sale.

1994
Working with the Legal Service Advocacy Project, APAC successfully lobbied the Minnesota Legislature to pass three bills: (1) a requirement that home repossession actions take place in the county in which the home is located; (2) a requirement that park residents receive a copy of the park's evacuation plan and a certificate of rent paid form; and (3) a prohibition on restrictive zoning against parks.

1997
APAC successfully lobbied the Minnesota Legislature to require parks to provide criteria used for evaluating prospective tenants.

2005
APAC stopped passage of a bill that would have allowed park owners to break lease agreements and charge for water, even if it was already included in lot rent.

2006
APAC successfully lobbied the Minnesota Legislature to require that park closing notices be sent to the Minnesota Housing Finance Agency and the Minnesota Department of Health.

2007
APAC successfully lobbied the Minnesota Legislature to guarantee compensation for manufactured home park residents displaced as the result of a park closing. The Manufactured Home Relocation Trust Fund created in response to the growing threat around the state of park closures. This program guarantees that if all or part of a park is closed a displaced home owner will receive reasonable compensation to move the home, or, if it cannot be moved, a buy out for the value of their home.

2008
APAC successfully lobbied the Minnesota Legislature to establish the Manufactured Home Lending Practices Bill, a law that protects homeowners from predatory lending practices, such as charging for services that aren’t performed, as well as extending the foreclosure process on manufactured homes giving homeowners more time and resources to prevent the loss of their homes. APAC works with Woodlyn Court the first community to close under the Relocation Trust Fund to ensure the process operates properly and residents receive full compensation. APAC hires its first Democracy Project organizer in order to engage residents in the 2008 elections and in the following legislative session.

2009
APAC strengthened the Relocation Trust Fund by requiring collection of the fees from park owners. APAC established and participated in a manufactured housing transportation project working group with MnDOT and local transportation authorities that lead to MnDOT guidelines that favor avoiding parks, replacing parks, and providing full relocation compensation. APAC organized and lobbied with residents to halt road projects in Arden Hills and force MnDOT to form a working group with residents in Shakopee.

2010
APAC established the right to choose your home installation option rather than having to accept the most expensive option. As a result of APAC's efforts, manufactured homeowners now have access for the first time to the Right-of-Way Acquisition Fund (RALF) when road projects take their homes, and property tax treatment is comparable to the lower rate for site-built homes for homeowners who live in resident-owned parks.

2011
APAC prevented the park owners from passing legislation to allow them to break leases with residents in order to install sub-meters and separately charge, over and above lot rent, for water and sewer. APAC had attempted to negotiate a mutually acceptable compromise that protected the residents' rights as consumers, but ultimately had to oppose the legislation.

2015
APAC prevented the park owners from passing legislation that would have given investor-owned parks the same tax breaks as nonprofit or resident-owned parks and, as a result, made residents ineligible to file for the rent credit refund.

2016
APAC successfully lobbied for changes in the Manufactured Home Relocation Trust Fund to provide significantly more to either move or replace a home when a park is closed for private redevelopment: $7,000 for a single-wide home or $12,500 for a double-wide home to move; or $8,000 for a single-wide and $14,500 for a double-wide to buyout the home if it cannot be moved. Also, a minimum home buyout amount was created: $2,000 for a single-wide home and $4,000 for a double-wide home.

2018
APAC successfully lobbied to create a manufactured home park infrastructure fund to support improvements in parks committed to providing long-term access to affordable housing, although no funds were appropriated.

2019
APAC successfully lobbied for a package of manufactured housing bills. We closed loopholes, clarified and strengthened the Right of First Refusal process, in order to preserve the residents’ right to purchase their parks, to allow them to challenge failures to comply with the law, and to halt unlawful sales. We made several change to ensure sufficient money is available by authorizing the state to advance up to $400,000 if needed. We increased the minimum park closure notice from 9 to 12 months. We supported expanding the eligibility of state affordable housing funds to cover manufactured housing. We also supported appropriating $2 million for the manufactured home park infrastructure fund created in 2018.

2020
APAC successfully lobbied for a package of COVID-19 pandemic responses. APAC lobbied for $100 million in CARES Act funds to be used for housing assistance and, for the first time, to make lot rent and manufactured home payments eligible for this assistance. This led to the creation of the COVID Housing Assistance Program (CHAP).

APAC's 2017 Legislative Agenda

APAC's 2017 Legislative Agenda

Eliminate Barriers to Manufactured Home Owners Buying Their Own Park Communities

• Background – Park communities are a critical source of affordable housing. They offer very low housing costs (mean monthly rent statewide is $367) and the opportunity for low-income home ownership (87% are owner-occupied). However, when residents own their homes but not the land, they face a number of risks, including needed infrastructure improvements not being made, large and unjustifiable rent increases, and displacement due to redevelopment. The state’s Manufactured Home Relocation Trust Fund can only be part of the response to these risks given the low vacancy rates in parks and the lack of new park development. Guaranteeing long-term, stable land tenure for manufactured home owners is the ultimate solution. In recent years, a few park communities have done so through a purchase by the residents or a nonprofit organization. However, barriers in state law have prevented many other parks from going down the same path.
• Current Law – Minnesota is one of 18 state that require or encourage park owner to sell park communities to the home owners. Minnesota law provides residents with a right to purchase their park communities under certain specific circumstances. If a park is being sold for redevelopment, residents or a nonprofit authorized by the residents are given 45 days to meet the same terms and conditions as the developer. However, in the last two years, two high profile attempts by residents to purchase their communities (Lowry Grove in St. Anthony and Tri-County Mobile Home Park in Waite Park) have demonstrated flaws in the law and barriers to its use including those that make it possible for the seller to essentially ignore a matching offer from the residents.
• Proposed Changes – Under the “right of first refusal” provisions, residents must be allowed to challenge whether the seller has fully complied with the law and be able to prevent sale of the park to another buyer if they have put in a matching bid within the 45 days allowed. Residents must be guaranteed they will receive the required terms and conditions in a timely manner and the city will hold its required public hearing promptly. In addition, the seller should be required to provide early notice of any intended sale, consider any offers from interested residents, and negotiate with the residents or an authorized nonprofit in good faith.

Establish Manufactured Housing Infrastructure Fund

• Background – Manufactured home parks are a significant source of housing for seniors, veterans, the disabled, and working families. Most of the communities now in operation were developed at least 50 years ago. In many cases, they were developed for light seasonal use by travel trailers and later adapted for year-round residential use for manufactured homes. The land owners often made only minor changes to the underlying support infrastructure and limited repairs and replacements due to the cost. As a result, we are seeing critical systems fail at an accelerating rate. In the last year alone, six communities closed or announced their intention to close due at least in part to failing infrastructure. This has displaced nearly 900 people and resulted in the loss of 250 units of highly affordable housing. In the next few years, there are another 1,800 homes that are identified as being at the same type of at risk.
• Proposal – Preserving these communities can ensure their long-term affordability at minimum public expense. For a one-time investment of $5,000 to $10,000 per unit, these communities can be sustained in perpetuity. Infrastructure fund investments, when targeted toward nonprofit or resident ownership models can sustain these communities in perpetuity. We support creation of a dedicated $5 million infrastructure fund for improvements to communities committed to providing long-term access to affordable housing, such as resident- and nonprofit-owned communities.

Provide Fair Tax Treatment for Manufactured Home Owners

• Background – Currently, over 500 households in Minnesota manufactured home park cooperatives are prohibited from using property taxes they pay on the leased land when computing property tax refunds. Taxpayers in park cooperatives are treated unfairly when compared to all other Minnesota property taxpayers. Traditional home owners, apartment-style cooperative owners, and manufactured home owners in traditional investor-owned parks are all eligible to receive refunds on the taxes paid for both their home and the land. In the case of investor-owned parks, the refund for taxes paid on the land takes the form of Renter’s Credit. However, those lively in resident-owned parks cannot apply for the Renter’s Credit. This not only penalizes hundreds of low- and moderate-income residents, but creates disincentive for residents to become resident-owned, one of the few options available for permanent preservation of existing manufactured housing communities.
• Proposal – Restore the eligibility of manufactured home owners living in resident-owned park communities to apply for the Renter’s Credit. This proposal has been reviewed by Minnesota Department of Revenue and the agency has found the fiscal impact to be minimal.

APAC's 2016 Legislative Agenda

APAC's 2016 Legislative Agenda

Primary Legislative Issues

Update Manufactured Home Relocation Trust Fund benefits to match current costs

• Background – The Manufactured Home Relocation Trust Fund is a program supported by a $12 annual fee from home owners. No public funding is involved. The fund was established in 2007. It provides benefits for either moving costs or a home buyout when a manufactured home park closes. It replaced 22 local ordinances adopted over a 20 year period. It was proposed with the support of the home owners/residents, park owners, and the League of Minnesota Cities. It provides uniformity and universal coverage and has de-politicized park closings.
• Benefit Amounts – There is no built-in method to automatically increase benefits in order to keep up with actual costs. Single-section home moving costs have ranged from $4,310 to $6,477, but the maximum benefit is $4,000. Multi-section home moving costs have ranged from $8,385 to $12,169, but the maximum benefit is $8,000. The most paid out in benefits in a single year was $82,633 in 2009, the annual average is $31,050, and the fund balance has been over $1 million since 2010. The maximum benefits should be increased for moving costs to $7,000 single-section and $12,500 multi-section and for home buyouts to $2,000 above those amounts. In addition, a minimum buyout should be set at $4,000 single-section and $8,000 multi-section.
• Other Changes – Establishing the Home Value: If an appraised market value of the home cannot be determined, allow use of the appraised tax value (averaged over a five-year period) as an alternative. Identifying an Alternative Collection Method: Currently, the $12 annual fee is invoiced to the park owners and passed along to the home owners. The Minnesota Department of Revenue should study alternative collection methods, with formal representatives of the park owners and home owners, and provide a recommendation by January 31, 2017.

License the managers of manufactured home park communities

• Since 1982, Minnesota state law has established the overall rights and responsibilities of park owners and home owners/residents as well as the licensing requirements for manufactured home manufacturers, dealers, and community owners. However, there are no education or licensing requirements for those who work most directly with residents. Park managers are involved in the daily operations of a park, including screening prospective residents, storing confidential records, enforcing rules, and maintaining contact with home owners. Park managers should be required to satisfy 12 hours of qualifying education courses approved by the MN Department of Labor & Industry every three years. The courses should cover basic manufactured home park law (MN Statute 327C), the Fair Housing Act, HUD-defined home installation processes, the Americans with Disabilities Act (ADA), and general real estate topics.

Provide residents with notice of park health violations and better enforcement tools

• State law and administrative rules establish clear health and safety standards, but enforcement is limited by very blunt tools provided to the Minnesota Department of Health: 1) send a notice; 2) fine $10,000; and 3) pull the license and shut the park. Tenant remedies actions can be a more effective tool if resident associations and municipalities are given standing to file them on behalf of residents. However, in order to act, residents must first receive notice of local or state code violations. In addition, it is important for prospective residents to know about unresolved health violations before they commit to purchase a home in the park in the first place. Despite the common name “mobile home,” buying a home in a park is a fairly permanent decision since the home's age/condition, or the moving costs mean 81% of homes never move from their initial placement.

Other Endorsed Issues

Classify manufactured homes as real property

• Many states’ laws concerning manufactured homes have not kept pace with the changes in the homes over the last 90 years. Based on manufactured homes’ earliest ancestor (the travel trailer), state laws classify most of these homes as personal property and title them like cars. Once called “mobile homes,” only 19% of homes are ever moved from their initial placement. Today’s homes have the same construction quality and safety, life expectancy and deterioration rate, and even appearance as site-built homes. The National Conference of Commissioners on Uniform State Laws has developed model legislation for modernizing state titling laws to recognize the homes as real property, in order to improve access to better home financing, which can provide buyers with the same legal protections as site-built home owners.

Fair utility metering and billing in manufactured home parks

• Consumer Protections: In parks, water and sewer services are most often provided as a pass through by the park owner from a municipal utility to the residents. Lost in the pass through are the consumer protections provided to the park owner as the utility’s only recognized customer. Residents should, with small adjustments, receive these same basic protections. Water Sub-Metering: In 2002, a Minnesota Appellate Court found it an unlawful “substantial modification” of existing leases to unilaterally switch from including water and sewer service in the lot rent to individually sub-metering. The switch should only be allowed when consumer protections are provided when the lot rent is reduced to remove the existing cost. Municipal Water Rates: Cities often charge parks higher commercial, high-volume water rates. This practice should not be allowed to continue since it is in direct conflict with state law prohibiting park owners from charging higher rates to residents than the rates charged to households in the surrounding area.

APAC's 2015 Legislative Agenda

Formed in 1980, APAC first worked to eliminate no-cause eviction and to create new storm shelter standards. These efforts eventually led to a special section of state law for manufactured home parks (Minnesota Statute 327C), providing numerous resident rights and protections. Currently, APAC is developing strategy for our top priorities for the 2015 Legislative Session as selected by members at our November 1 Annual Meeting.

2015 Legislative Priorities

Lift the cap on Relocation Trust Fund benefits

• The Manufactured Home Relocation Trust Fund is a program supported by a $12 annual fee from home owners. It provides for moving costs or a home buy-out in the event of a park community closure. During the 2011 session, a $1 million cap was placed on the Trust Fund at the urging of the community owners. It was adopted without a public hearing or any resident input. This amount is not enough to cover the costs of just one large park community closure. In addition, if the balance in the trust fund is not allowed to rise, it will not be possible to increase the maximum benefits for relocation or buy-out. The maximum benefits are now set well below the average amount of these costs for displaced home owners. [Note: To learn more, read the talking points for the 2015 Legislative Proposal.]

Extend mandatory background checks for apartment managers to cover park managers

• State law has required background checks for apartment managers since 1995 (MN Statute 299C.66). The law requires that property owners run background checks on prospective building managers. If the individual has been convicted of a serious crime (murder, rape, stalking, etc.), the property owner may not hire them or must discharge them if the manager has already been hired. The legislative history and case law related to the apartment manager background checks demonstrates that it does not currently apply to park managers and the legislature must act.

Classify manufactured homes as real property

• Many states’ laws concerning manufactured homes have not kept pace with the changes in the homes over the last 90 years. Based on manufactured homes’ earliest ancestor (the travel trailer), state laws classify most of these homes as personal property and title them like cars. Once called “mobile homes,” only 19 percent of homes are ever moved from their initial placement. Today’s homes have the same construction quality and safety, life expectancy and deterioration rate, and even appearance as site-built homes. The National Conference of Commissioners on Uniform State Laws has developed model legislation for modernizing state titling laws to recognize the homes as real property, in order to improve access to better home financing, which can provide buyers with the same legal protections as site-built home owners.

Manufactured Housing Metering and Fairness in Utility Billing Act

• In manufactured home parks, water and sewer services are most often provided as a pass through by the park owner from a municipal utility to the residents. Unfortunately, lost in the pass through are the consumer protections provided to the park owner as utility’s only recognized customer. With some adjustments, this proposal ensures that residents receive those basic protections. It also allows for park owners to switch from including water and sewer service in the lot rent to individually sub-metering as long as the cost is backed out of the lot rent. It has been unlawful for park owners to make this switch unilaterally since a 2002 state Appellate Court decision, which found it to be a “substantial modification” to existing leases that entails “a significant new expense for a resident.” Minn. Stat. § 327C.02 (2008).

Manufactured Home Relocation Trust Fund - 2015 Legislative Proposal

Manufactured Home Relocation Trust Fund
2015 Legislative Proposal

Talking Points

Background

• The Manufactured Home Relocation Trust Fund was established in 2007.
• It replaced 22 local ordinances adopted over a 20 year period.
• It provided uniformity and universal coverage and de-politicized park closings.
• It was passed with the support of residents, park owners, and the League of MN Cities.
• It is funded by a $12 annual fee paid each year by home owners and a fee of up to $3,250 (single section) and $6,000 (multi-section) per home paid by the park owner at closing.
• Benefits are provided for either moving costs or a home buyout.
• There are two-tiers of benefits: 22 cities with previous ordinances cover actual costs, and 380 other cities cover costs up to a capped maximum benefit.

The Situation

• A $1 million cap was placed on the Relocation Trust Fund balance in 2011.
• The cap was added during the special session without a public hearing or any resident input.
• It prevented collections from occurring in 2012 and 2013, which likely cost the fund as least $700,000 based on the amounts collected in 2010 and 2011.

The Issues

1) Cap on Relocation Trust Fund Balance

• Now: $1 million
• Problems:
  a) This is insufficient to cover the closing costs of just one large park in a city with fixed benefit levels or, in a city that allows actual costs, it might not cover even one medium-sized park with a large number of newer or larger homes.
  b) If funds are exhausted, there is no provision for forwarding funds from another source, or conducting an emergency collection from residents. In addition, both local government and residents are barred from seeking benefits elsewhere.
  c) If the balance is not allowed to rise, it will not be possible to increase the maximum benefits, which are well below average costs.

• Proposal: Increase the cap to $5 million
• Rationale: This amount is a sufficient balance to cover two large parks both in cities that allow actual costs to close at the same time.

2) Moving Costs

• Now: maximum of $4,000 (single section) and $8,000 (multi-section)
• Problem: The current maximum benefit levels are below average moving costs, which make the benefits meaningless for low-income residents who can’t cover the difference.
• Proposal: Increase the maximum to $6,000 (single section) and $12,000 (multi-section)
• Rationale: This is self-financed by the residents. The park owners are not being asked to contribute more. It only covers actual costs and is paid directly to the movers.

3) Home Buyout

o Issue #1: Maximum Benefit Amounts

• Now: maximum of $5,000 (single section) and $9,000 (multi-section)
• Problem: The current maximum benefit levels may fall far below appraised values. Even at full value, it is often impossible for residents to find comparable replacement housing since manufactured homes are a depreciating asset.
• Proposal: Increase to $7,000 (single section) and $14,000 (multi-section)
• Rationale: This is self-financed by the residents. The park owners are not being asked to contribute more. It only covers the actual home value.

o Issue #2: Establishing Home Value

• Now: A home buyout is based on the appraised market value.
• Problem: It can sometimes be hard to get a meaningful appraised market value on an unmovable home in a closing park.
• Proposal: If the market value cannot be determined, allow use of the appraised tax value averaged over a five-year period to be used as an alternative.
• Rationale: Of the 22 local ordinances adopted before creation of the Relocation Trust Fund, 14 allowed the use of the appraised tax value recognizing municipal government as a credible, neutral party.

o Issue #3: Providing Home Title

• Now: A home buyout requires endorsement of the current certified home title.
• Problem: Manufactured home sales often take place in a less structured way than most sales of site built homes using a traditional mortgage lender. As a result, titles often do not get transferred and are sometimes even lost, making proof of ownership and receipt of benefits highly difficult.
• Proposal: In the event the home owner is unable to locate the title, allow a signed affidavit attesting to the sale of the home and releasing the park owner from liability for the home’s disposal.
• Rationale: Absence of a title is a common problem with manufactured housing. A signed affidavit can protect the park owner (although not a resident who commits fraud) and can allow timely payment of benefits.

2014 Legislative Agenda

Formed in 1980, APAC first worked to eliminate no-cause eviction and to create new storm shelter standards. These efforts eventually led to a special section of state law for manufactured home parks (Minnesota Statute 327C), providing numerous resident rights and protections. Currently, APAC is developing strategy for our top priorities for the 2014 Legislative Session as selected by members at our October 12 Annual Meeting.

2014 Legislative Priorities

Lift the cap on Relocation Trust Fund benefits

• The Manufactured Home Relocation Trust Fund is a program supported by a $12 annual fee from home owners. It provides for moving costs or a home buy-out in the event of a park community closure. During the 2011 session, a $1 million cap was placed on the Trust Fund at the urging of the community owners. It was adopted without a public hearing or any resident input. This amount is not enough to cover the costs of just one large park community closure. In addition, if the balance in the trust fund is not allowed to rise, it will not be possible to increase the maximum benefits for relocation or buy-out. The maximum benefits are now set well below the average amount of these costs for displaced home owners.

Extend mandatory background checks for apartment managers to cover park managers

• State law has required background checks for apartment managers since 1995 (MN Statute 299C.66). The law requires that property owners run background checks on prospective building managers. If the individual has been convicted of a serious crime (murder, rape, stalking, etc.), the property owner may not hire them or must discharge them if the manager has already been hired. The legislative history and case law related to the apartment manager background checks demonstrates that it does not currently apply to park managers and the legislature must act.

Classify manufactured homes as real property

• Many states’ laws concerning manufactured homes have not kept pace with the changes in the homes over the last 90 years. Based on manufactured homes’ earliest ancestor (the travel trailer), state laws classify most of these homes as personal property and title them like cars. Once called “mobile homes,” only 19 percent of homes are ever moved from their initial placement. Today’s homes have the same construction quality and safety, life expectancy and deterioration rate, and even appearance as site-built homes. The National Conference of Commissioners on Uniform State Laws has developed model legislation for modernizing state titling laws to recognize the homes as real property, in order to improve access to better home financing, which can provide buyers with the same legal protections as site-built home owners.

Manufactured Housing Metering and Fairness in Utility Billing Act

• In manufactured home parks, water and sewer services are most often provided as a pass through by the park owner from a municipal utility to the residents. Unfortunately, lost in the pass through are the consumer protections provided to the park owner as utility’s only recognized customer. With some adjustments, this proposal ensures that residents receive those basic protections. It also allows for park owners to switch from including water and sewer service in the lot rent to individually sub-metering as long as the cost is backed out of the lot rent. It has been unlawful for park owners to make this switch unilaterally since a 2002 state Appellate Court decision, which found it to be a “substantial modification” to existing leases that entails “a significant new expense for a resident.” Minn. Stat. § 327C.02 (2008).

2013 Minnesota Legislative Agenda

What is All Parks Alliance for Change? - All Parks Alliance for Change is the statewide organization representing Minnesota’s 180,000 manufactured (mobile) home park residents. APAC works with residents to improve the quality of life in park neighborhoods, protect the rights of the residents, advance public policy change, and preserve this vital source of affordable housing.

Who lives in Manufactured Housing? - There are over 900 licensed parks located in nearly all 87 counties. Our households are one out of every 20 households in the state. We are long-time, self-sufficient home owners with nearly 90 percent of us owning our homes and renting the ground underneath the home. Over 40 percent of us have lived in the same home for more than 10 years. Although 80 percent of us are considered low- to very-low income (according to Housing and Urban Development guidelines), our housing is completely unsubsidized and, in fact, there are more units of affordable housing in Minnesota park communities than all the project-based HUD subsidized units and rural development units combined.

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Lift the cap on Relocation Trust Fund benefits

• The Manufactured Home Relocation Trust Fund is a program supported by a $12 annual fee from home owners. It provides for moving costs or a home buy-out in the event of a park community closure. During the 2011 session, a $1 million cap was placed on the Trust Fund at the urging of the community owners. It was adopted without a public hearing or any resident input. This amount is not enough to cover the costs of just one large park community closure. In addition, if the balance in the trust fund is not allowed to rise, it will not be possible to increase the maximum benefits for relocation or buy-out. The maximum benefits are now set well below the average amount of these costs for displaced home owners.

Classify manufactured homes as real property

• Many states’ laws concerning manufactured homes have not kept pace with the changes in the homes over the last 90 years. Based on manufactured homes’ earliest ancestor (the travel trailer), state laws classify most of these homes as personal property and title them like cars. Once called “mobile homes,” only 19 percent of homes are ever moved from their initial placement. Today’s homes have the same construction quality and safety, life expectancy and deterioration rate, and even appearance as site-built homes. The National Conference of Commissioners on Uniform State Laws has developed model legislation for modernizing state titling laws to recognize the homes as real property, in order to improve access to better home financing, which can provide buyers with the same legal protections as site-built home owners.

2012 Minnesota Legislative Agenda

APAC is the statewide organization representing Minnesota’s 180,000 manufactured (mobile) home park residents. Our families live in over 900 licensed parks spread throughout nearly all 87 counties. They are one out of every 20 households in the state. They are long-time, self-sufficient home owners with nearly 90 percent owning their homes, over 40 percent living in the same home for more than 10 years, and none of them receiving any housing subsidies. Despite 80 percent being considered low- to very-low income (according to Housing and Urban Development guidelines), their housing is completely unsubsidized and, in fact, there are more units of affordable housing in Minnesota parks than there are HUD subsidized units and rural development units combined.

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Lift the cap on Relocation Trust Fund benefits

• The Manufactured Home Relocation Trust Fund is a program supported by a $12 annual fee from home owners. It provides for moving costs or a home buy-out in the event of a park closure. During the 2011 session, a $1 million cap was placed on the Trust Fund at the urging of the park owners. It was adopted without a public hearing or any resident input. This amount is not enough to cover the costs of just one large park closure. In addition, if the balance in the trust fund is not allowed to rise, it will not be possible to increase the maximum benefits for relocation or buy-out, which are now set well below the average cost for displaced home owners.

Stop cities from charging park residents more for water service than other home owners

• State law prevents park owners from directly or indirectly charging residents a higher rate for municipal water service than the “rate which is charged to single family dwellings with comparable service within the same market” (MN Statute 327C.04). However, cities are billing park owners as large commercial users, which means higher rates for residents. Cities have fought hard at the State Capitol to continue this practice.

Extend mandatory background checks for apartment managers to cover park managers

• State law has required background checks for apartment managers since 1995 (MN Statute 299C.66). The law requires that property owners run background checks on prospective building managers. If the individual has been convicted of a serious crime (murder, rape, stalking, etc.), the property owner may not hire them or must discharge them if the manager has already been hired. The legislative history and case law related to the apartment manager background checks demonstrates that it does not currently apply to park managers and the legislature must act.

2011 Minnesota Legislative Agenda

Manufactured (mobile) home parks are the largest source of unsubsidized affordable housing in Minnesota. They exceed Housing and Urban Development subsidized units and Rural Development units combined. They offer very low housing costs (mean monthly rent statewide is $367) and the opportunity for low-income home ownership (87 percent are owner-occupied). However, residents are in a vulnerable housing situation arising from an arrangement under which they own their homes, but not the land. Many families living in parks could literally not afford to live anywhere else, if their park closes, or if they are evicted, which includes many single parents and seniors living on fixed incomes.

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Establish Alternative for Dispute Resolution

• Background: Manufactured home parks present a unique housing situation since one party owns the land and other parties own the homes sitting on that land. As a result, fundamental property rights are put into competition with each other. A number of disputes arise from this arrangement.
• The Problem: There is currently no way to seek resolution to a dispute without the time and expense of legal action which becomes even more difficult as both court and legal aid budgets are slashed.
• Proposed Action: In 2007, Washington State established a model program for allowing a quick agency ruling on a dispute as an alternative to pursing a case in court. Either park owner or home owner can seek to use this system and neither is barred from pursuing additional legal action. The MN Offices of Administrative Hearings can offer a similar program that allows for resolution of legitimate legal matters within 30 days at a cost of only a couple hundred dollars. This program can offer mediation all the way up to a hearing resulting in a final ruling by an Administrative Law Judge.

Video explaining alternative for dispute resolution

Increase Relocation Compensation from the MN Manufactured Home Relocation Trust Fund

• Background: The closure of a park can be financially devastating for residents and most often means the loss of their homes, since their homes cannot be moved due to age, moving costs (from $6,000 to $13,000), shortage of available lots, or parks barring homes over 10 years old (71 percent of all homes). In 2007, the Legislature established the Trust Fund to provide reasonable relocation compensation through a program funded through an annual $12 contribution from home owners (collected by the park owners) and a one-time contribution from park owners at the time of closure. This program replaced a patchwork of local ordinances which funded relocation compensation solely through park owner contributions.
• The Problem: Parks have closed since the establishment of the program and the Trust Fund has been used successfully to provide relocation compensation. However, the maximum benefits for relocation ($4,000 for a single section home and $8,000 for a multi-section home) or buy-out ($5,000 for a single section home and $9,000 for a multi-section home) are well below the average costs of displaced homeowners.
• Proposed Action: The relocation compensation limits should be increased to match the average statewide relocation costs and the buy-out limits should be increased to $1,000 above those amounts. In addition, the need for a monthly invoice should be eliminated to make it easier for park owners to collect the $12 annual fee through the $1 per month option.

Require Park Manager Background Checks

• Background: The goal of any manufactured home park owner should be to provide a safe and secure community for the residents who live in it. The park manager is often the individual most involved in the daily operations of a park, including screening prospective residents, storing confidential records, enforcing rules, and maintaining contact with residents. The background of the park manager can be relevant factor in fostering that safety and security.
• The Problem: There is currently no requirement that a background check be conducted of a prospective park manager. As a result, there is no guarantee that the residents’ families and confidential information is in safe hands.
• Proposed Action: Since 1995, state law has required background checks for apartment managers. This law requires that owner's of property run background checks on prospective building managers. If the manager has been convicted of a serious crime (murder, rape, stalking, etc.) the owner may not hire the manager or must discharge the manager if the manager has already been hired. If the manager was already working, and the owner knows the manager committed a serious crime, the owner must notify all tenants. If the tenant's wish, they have the right to give two weeks notice and quit their lease. A tenant exercising this option is treated as if they had given the proper amount of notice before leaving.

See the Bill Fact Sheets.

See the 2007 Legislative Agenda

2010 Lobby Day

Rally for Residents' Rights

Thank you to all park residents, legislators, and allies that helped make our 2010 lobby day and rally at the State Capitol a great success!

2009 Lobby Day

Rally for Residents' Rights

Thank you to all park residents, legislators, and allies that helped make our 2009 lobby day and rally at the State Capitol a great success!

Friday, March 6th, 10:00 AM

Fight for Your Manufactured Home!

Fight for Your Community!

Fight for Your Rights!

Park residents, this is your time to tell your elected officials to value your home and your community. Come to the State Capitol on March 6th to rally with other residents to stand up for your rights.


Watch the short videos below to listen to park residents talk about lobby day and the 2009 legislative agenda.

Location
Minnesota State Capitol Building
Under the Rotunda
75 Dr. Martin Luther King Jr. Blvd
Saint Paul, MN 55155

Agenda
Registration: 10:00-10:15
Lobby Day Training: 10:15-10:45
Rally for Residents' Rights: 10:45-11:15
Visits with Legislators: 11:30-12:30
Lunch: 12:30-1:00
Bus/Van Departure: 1:30

Transportation
To arrange transportation to the Capitol, please call 651-644-5525 or 866-361-0173. Space is limited so call early!

2008 Lobby Day

Directions

The Capitol complex is north of I-94, just minutes from downtown St. Paul. It is accessible from the east and west on I-94, and from the north and south on I-35E.

• I-94 eastbound: Exit at Marion Street. Turn left. Go to Aurora Avenue and turn right.
• I-94 westbound: Exit at Marion Street. Turn right. Go to Aurora Avenue and turn right.
• I-35E northbound: Exit at Kellogg Boulevard. Turn left. Go to John Ireland Boulevard and turn right.
• I-35E southbound: Exit at University Avenue. Turn right. Go to Rice Street and turn left.

Parking

• Metered parking is available in Lot Q, Lot AA, Lot F, Lot H, Lot K, Lot L, and on the orange level of the Centennial Office Building Ramp at Cedar Street and Rev. Dr. Martin Luther King Jr. Blvd. There are a few metered parking spots in front of the Capitol along Aurora Avenue. Meters: one quareter = 20 minutes.
• Free on-street parking can be found in the residential areas surrounding the Capitol. Go North of University Avenue on Rice Street or Dr. Martin Luther King Jr. Blvd toward Charles Avenue. Park on any of the residential streets in the area. The Capitol is 3-4 block from this free on-street parking.
• Limited ramp parking is available at the Bethesda Hospitol parking ramp at 559 Capitol Blvd, just North of University Avenue. This is a pay-ramp; rates vary. The ramp is 2 blocks from the Capitol building.
• Disability Parking can be found in Lot N and Lot F. The main disability entrance to the Capitol is on the northwest side of the building just off Lot N. There also are drop-off entrances on the south side under the front steps on the south

For information about last year's lobby day, click here.

2007 Lobby Day & Rally

Mobile Justice Leadership Conference and Legislative Summit

Rodrigo Sanchez-Chavarria

The remains of Shady Lane Mobile Home Park are a daily reminder of the effects of park closings. That is why residents from many manufactured home parks across the state met in the Bloomington library which is located next to where Shady Lane once stood. They met to address what state laws they want change and how that can be APAC’s legislative agenda for this year. Residents from Bloomington, Redwing, Shakopee, Rosemount, Inver Grove Heights, St. Anthony and Chisago City discussed the importance of having statewide relocation compensation so residents who would be affected by park closings in the state of Minnesota would be protected. Residents also talked about the importance of extending the timeline from 45 to 90 days that currently is in place for residents to exercise the right of first refusal, which gives residents the option to purchase their park in case it is being closed for redevelopment within one year of the park purchase. Residents strongly agreed that these were the two things that they wanted to change and they would like to see APAC pursue these changes in this legislative session. Residents also expressed concerns regarding the increase of lot rent over the few years which creates a financial hardship on many park residents that are on a fixed income. They felt that rent increases do not justify the lack of maintenance done in their communities and that this should be something that residents and APAC should address to change in the future.

At this legislative summit residents determined what changes need to happen so residents can have a voice. At the Mobile Justice Leadership Conference, held a couple of weeks later in the city of St. Anthony, park leaders gained the tools and strategies to make this happen. Leaders learned about building power within their communities, how to talk to legislators and elected officials, and how to get people from their parks involved in their resident associations. Residents engaged the presenters as well as fellow park residents and challenged others to build power within their communities. Many residents left the conference with the feeling of empowerment and excitement because they were learning how they can achieve Mobile Justice.

2007 Minnesota Legislative Agenda

These proposals have the support of AARP, Alliance for Metropolitan Stability, Housing Preservation Project, Legal Services Advocacy Project, Metropolitan Interfaith Council on Affordable Housing (MICAH), Minnesota Association of Cooperatives, Minnesota Housing Partnership, and Northcountry Cooperative Development Fund, among others.

Guaranteed Relocation Compensation

• Background: Manufactured (mobile) home parks are the largest source of unsubsidized affordable housing in Minnesota. They exceed the state’s combined Housing and Urban Development (HUD) subsidized units and Rural Development units. Residents are in a vulnerable housing situation, however, since they own their homes but not the land. The closure of a park can be financially devastating for residents and most often means the loss of their homes, since their homes cannot be moved due to age, moving costs (ranging from $6,000 to $13,000), shortage of available lots, or parks barring homes over 10 years old (71 percent). In the last six years, at least 17 parks have closed.
• The Current Law: Under current Minnesota law, there is no guarantee of relocation compensation if a park closes. The law requires that cities hold a public closure hearing and decide whether or not to require that the park owner provide compensation; some cities have decided that park owners don’t have to provide any compensation. This process usually results in multiple public hearings to determine: (a) if such a requirement should be imposed; and (b) the amount and method of that compensation. As a result, cities feel pressure on their schedules and resources, find themselves inserted into specific business deals, and face legal challenges to their role in the park closure proceedings from park owners, developers, and residents. 19 cities have taken the precaution to adopt relocation compensation requirement ordinances. However, this leaves over 380 cities with no clear process and over 90% of residents with no protection.
• Other States: There are nine states that have guaranteed relocation compensation and four others that require it under certain circumstances. Massachusetts, Arizona, Connecticut and Nevada have mandatory relocation compensation.
• Proposed Changes: We are proposing that state law be amended to require that park owners pay relocation compensation including the cost of relocation of the home or, if the home cannot be relocated, the appraised market value of the home to ensure that residents across the state are protected from financial devastation when parks close.

Expanded Right of First Refusal

• Background: Parks are a critical source of affordable housing. They offer very low housing costs (mean monthly rent statewide is $367) and the opportunity for low-income home ownership (87% are owner-occupied). Many families who live in parks, including single parents and seniors living on a fixed income, could literally not afford to live anywhere else, if their park closes, or if they are evicted. Unfortunately, residents are in a vulnerable housing situation, since they own their homes but not the land, and face a number of threats, including the park being sold or closed, needed improvements not being made, unfair or inconsistently applied park rules, capricious rent increases, and an inability to accumulate equity. Even guaranteeing relocation compensation is not a complete solution given low park vacancy rates.
• The Current Law: Minnesota law gives residents a right of first refusal, but only in limited circumstances. A right of first refusal exists only when a park is sold for redevelopment. Additionally, residents or a nonprofit authorized by the residents only have 45 days to meet the same terms and conditions as the developer. There are no resident purchase rights when a park is sold to remain as a park or if a park is closed more than one year after a sale. There are no incentives for park owners to sell to residents and so owners have resisted compliance with the current law.
• Other States: There are ten states that provide resident purchase rights, such as Massachusetts that has a right of first refusal, or New Hampshire, which requires that park owners negotiate in good faith any time a park is sold. The time frame for exercising purchase rights in other states ranges from 45 days to a full year. Additionally, some states have included incentives to prompt park owners to sell parks to residents or nonprofits. For example, both Vermont and Oregon have tax incentives for park owners who sell parks to the residents.
• Proposed Changes: We propose several changes to the current right of first refusal law, including: expanding the right of first refusal to apply any time a park sells, not just if it is selling for closure within a year (a major loophole in the current law); expanding the time frame for meeting the purchase price from 45 days to 90 days; and providing incentives for park owners who sell to residents or a nonprofit.

  For more information or to become involved, call APAC at (651) 644-5525 or (866) 361-2722

2008 Legislative Goals

August 18, 2007
Come to our Annual Meeting and help set the legislative agenda for 2008!

In the past year, APAC has experienced much progress we would like to celebrate. The victories have been invigorating and empowering, making all of us excited for the possibilities the future holds for Mobile Justice. This is why we are inviting you to come to the Annual Meeting and Legislative Summit, where we will celebrate our advancements, reflect, and outline where we want APAC to go from here. We would love for you to come and tell us your vision, concerns and ideas. Have your voice heard!

Schedule:
10:30-12:30 Annual Meeting
12:30-?? BBQ & Celebration

Where:
Theodore Wirth Park Picnic Pavilion
3201 Glenwood Avenue North
Minneapolis MN 55422

You can expect a few things to happen at the meeting in addition to a BBQ and a great time:

• Meet other residents from across the state.
• Help set the legislative agenda for 2008.
• Learn about Manufactured Home Parks Relocation Trust Fund and other new state legislation on Park Closings.
• Have residents and members making their concerns APAC’s agenda.
• Active steps towards Mobile Justice!

How to get there:

Take I-94W. Merge onto I-394 W. Exit Penn Ave, Exit 7. Take a Right onto S Penn Ave. Turn Left onto Glenwood Ave. Follow signs to Pavilion!

Write a Letter: Support Increased Relocation Compensation Benefits!

The legislative session has arrived, and APAC is working hard to get the benefits for the Manufactured Home Relocation Trust Fund increased so it works like it should! Learn more here!

Let your elective representatives know that this matters to you by sending them a letter or email. This makes a big impact!

WHAT DO I WRITE?

You can use the following as an example, or write your own.

Dear legislator,

My name is ___________, and I live in _____________________, a manufactured (mobile) home park. I am writing to ask for your support for Senate File 2930 / House File 2825, a proposal to increase the benefit amounts issued from the state’s Manufactured Home Relocation Trust Fund. The bill’s authors are Sen. Melissa Wiklund (D-Bloomington) and Rep. Anna Wills (R-Rosemount).

I am very concerned because if my park closed, the current benefits from the fund would not actually cover the expenses of moving. It would be devastating if the fund I have been paying into didn’t actually protect my neighbors and me from financial crisis in the event of park closure.

I would appreciate your support of this common sense proposal to update the Manufactured Home Relocation Trust Fund benefits. Thank you for your attention to this important issue!

Sincerely,
_______________

WHO DO I SEND IT TO?

You have options!

Option 1:Write one letter to "Dear Legislators," send your letter to us at APAC, and we can deliver copies to various representatives:
All Parks Alliance for Change
2380 Wycliff St. #200
St. Paul, MN 55114

Option 2: Send your letter to representatives yourself! We suggest you send it to your own state representatives and the committee chairs who will be hearing the bill:

a) Find out who your representatives are and their contact info by searching the "Who Represents Me?" site, then send your letter either by post or email.

b) Then send your letter by post or email to the chairs of the committees who will be hearing the bill, and the authors of the bill to show your support. Click the names for contact info.
Committee Chairs:
Representative Pat Garofalo (Job Growth and Energy Affordability Policy and Finance Committee)
Senator Kathy Sheran (Health, Human Services and Housing Committee)
Bill Authors:
Senator Melissa Wiklund
Representative Anna Wills

Thank you for making your voice heard as we advocate to update the Manufactured Home Relocation Trust Fund to ensure sufficient protection for residents!

APAC's 2019 Legislative Agenda

Eliminate Barriers to Manufactured Home Owners Buying Their Own Park Communities

• Background – Park communities are a critical source of affordable housing. They offer very low housing costs (median monthly lot rent statewide is $417) and the opportunity for low-income home ownership (the median cost for existing homes is $28,900 and the average cost for new homes is $74,200). However, when residents own their homes but not the land, they face a number of risks, including needed infrastructure improvements not being made, large and unjustifiable rent increases, and displacement due to redevelopment of the land. The state’s Manufactured Home Relocation Trust Fund can only be part of the response to these risks given the low vacancy rates in parks and the lack of new park development. Guaranteeing long-term, stable land tenure for manufactured home owners is the ultimate solution. In recent years, a few park communities have done so through a purchase by the residents or a nonprofit organization. However, barriers in state law have prevented other parks from going down the same path.
• Current Law – Minnesota is one of 19 state that require or encourage park owner to sell park communities to the home owners. In states with strong versions of these laws (such as Massachusetts, New Hampshire, and Rhode Island), residents now own 25 percent or more of all parks in their states. Minnesota law provides residents with a right to purchase their park communities under certain specific circumstances. If a park is being sold for redevelopment, residents or a nonprofit authorized by the residents are given 45 days to meet the same terms and conditions as the developer. However, in recent years, two high profile attempts by residents to purchase their communities (Lowry Grove in St. Anthony and Tri-County Mobile Home Park in Waite Park) have revealed flaws in the law and barriers to its use including those that make it possible for the seller to essentially ignore a matching offer from the residents.
• Proposed Changes – Under the state’s “right of first refusal” provisions, residents must be allowed to challenge whether the seller has fully complied with the law and be able to prevent sale of the park to another buyer if they have put in a matching bid within the 45 days allowed. Residents must be guaranteed they will receive the required terms and conditions in a timely manner and the city will hold its required public hearing promptly. In addition, the seller should be required to provide early notice of any intended sale, consider any offers from interested residents, and negotiate with the residents or an authorized nonprofit in good faith. If the owner rejects the residents’ offer, an explanation should be provided within five days.

Strengthen the Manufactured Home Relocation Trust Fund

• Background – Manufactured homes parks provide affordable housing and an opportunity for sustainable home ownership. However, residents are in a vulnerable situation since they own their homes, but only rent the land. In 2007, the Minnesota Legislature established the Manufactured Home Relocation Trust Fund to provide manufactured homeowners with relocation compensation in the event that all or part of their park closes due to private redevelopment. Home owners are guaranteed reasonable compensation either to move their homes or to receive a buy-out if their home cannot be moved.
• Current Law – The money in this fund comes from a $15 fee assessed on every homeowner-occupied lot and, when a park is being closed, the park owner also pays the fund $3,250 per “single wide” and $6,000 per “double wide.” Originally, the fee was collected every year. In 2011, the collection was changed to only take place when the balance is less than $1 million. At the time, the balance in the fund was nearly $1.3 million. In the last two years, two expensive closure processes (Lowry Grove in St. Anthony and Southgate in Bloomington) resulted in nearly $1 million in relocation benefits being paid in a one-year period.
• Proposed Changes – During the last fee collection in 2011, the fund added nearly $350,000 to its balance. If the Legislature had not put a cap on the fund, the balance would be $1.75 million higher. It will take three years for the Relocation Trust Fund to raise the same amount paid out in the last 12 months. The balance cap should be raised to $3 million. The Minnesota Housing Finance Agency should also be authorized to advance funds in necessary; particularly over the next three years as the balance is being rebuilt.

Establish Manufactured Housing Infrastructure Fund

• Background – Most of the communities now in operation were developed at least 50 years ago. In many cases, they were developed for light seasonal use by travel trailers and later adapted for year-round residential use for manufactured homes. The land owners often made only minor changes to the underlying support infrastructure and limited repairs and replacements due to the cost. As a result, we are seeing critical systems fail at an accelerating rate. In the last two years alone, six communities closed or announced their intention to close due at least in part to failing infrastructure. This has displaced nearly 900 people and resulted in the loss of 250 units of highly affordable housing. In the next few years, there are another 1,800 homes that are identified as also being at risk.
• Proposal – Preserving these communities can ensure their long-term affordability at minimum public expense. For a one-time investment of $5,000 to $10,000 per unit, these communities can be sustained in perpetuity. Infrastructure fund investments, when targeted toward nonprofit or resident ownership models can sustain these communities in perpetuity. In 2017, the Minnesota Legislature created a dedicated infrastructure fund for improvements to communities committed to providing long-term access to affordable housing, such as resident- and nonprofit-owned communities, but did not allocate funds. We propose allocating $5 million to make grants available to resident, government, or nonprofit owned communities.

Provide Fair Tax Treatment for Manufactured Home Owners

• Background – Currently, over 500 households in Minnesota manufactured home park cooperatives are prohibited from using property taxes they pay on the leased land when computing property tax refunds. Traditional home owners, apartment-style cooperative owners, and manufactured home owners in traditional investor-owned parks are all eligible to receive refunds on the taxes paid for both their home and the land. In the case of investor-owned parks, the refund for taxes paid on the land takes the form of Renter’s Credit, but not for those who live in resident-owned parks. This not only penalizes hundreds of low- and moderate-income residents, but creates disincentive for residents to become resident-owned, one of the few options available for permanent preservation of existing manufactured housing communities.
• Proposal – Restore the eligibility of manufactured home owners living in resident-owned park communities to apply for the Renter’s Credit. This proposal has been reviewed by Minnesota Department of Revenue and the agency has found the fiscal impact to be minimal. It was passed by the 2018 Minnesota Legislature but was part of the year-end vetoes.