08 HB
579/CSFA/AP
House
Bill 579 (AS PASSED HOUSE AND SENATE)
By:
Representative Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated, relating to liens by landlords, so as to provide for certain
definitions; to provide for the assessment of certain rent charges on certain
manufactured homes or mobile homes by real property owners; to provide for the
establishment of a lien on manufactured homes or mobile homes for certain rent
charges; to provide for certain notices; to provide for remedies; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
Annotated, relating to liens by landlords, is amended by adding a new Code
section to read as follows:
"44-14-349.
(a)
As used in this Code section, the term:
(1)
'Lienholder' shall mean the holder of a perfected security interest and its
assignees or servicers of the underlying debt obligation. The term shall apply
only to the lienholder or an assignee or servicer of the lienholder for unpaid
purchase price or first lien who has recorded such lien on the title of the
manufactured home or mobile home.
(2)
'Manufactured home' has the same meaning as provided in paragraph (4) of Code
Section 8-2-131.
(3)
'Manufactured home community' means a parcel or tract of land on which three or
more manufactured homes or mobile homes are located on a continual,
nonrecreational basis and offered to the public.
(4)
'Mobile home' has the same meaning as provided in paragraph (6) of Code Section
8-2-131.
(b)
As provided by this Code section, any lien or charge against a manufactured home
or mobile home for rent upon the real property on which the manufactured home or
mobile home is or has been located is subordinate to the rights of the
lienholder for unpaid purchase price or first lien, which is recorded on the
title of the manufactured home or mobile home, and the assignee of such
lienholder if not recorded on the title.
(c)
In the event a manufactured home or mobile home has been vacant for more than 30
days and after notice to the lienholder as provided in this Code section, rent
charges, as provided in this Code section, may be collected by the owner of the
manufactured home community from the lienholder and the assignee of any such
lienholder by an action at law as authorized by this Code section.
(d)
The owner of the manufactured home community shall be entitled to collect rent
charges accruing from 30 days after the lienholder receives written notice of a
completed eviction of the owner or occupant of a manufactured home or mobile
home by the owner of the manufactured home community or notice that a
manufactured home or mobile home has been abandoned or voluntarily surrendered
by the homeowner or occupant and that the manufactured home or mobile home is
presently vacant and unoccupied.
(e)
The notice shall state that an action for eviction has been completed against
the homeowner or occupant, that the home is presently vacant and unoccupied,
the amount of the daily rent charges calculated pursuant to subsection (i) of
this Code section, and the date upon which the homeowner or occupant was
required to make regular payments to the owner of the manufactured home
community.
(f)
The lienholder shall notify the owner of the manufactured home community within
30 days of receipt of the notice pursuant to subsections (d) and (e) of this
Code section whether it intends to make payment of the rent charges and, if the
lienholder agrees to make payment, to pay the rent charges that are due pursuant
to this Code section. Thereafter, the lienholder shall pay rent charges
according to the schedule of payments that the homeowner or occupant was
responsible for paying through the date that the manufactured home or mobile
home is removed from the owner of the manufactured home community´s
property. If the lienholder fails to notify the owner of the manufactured home
community that it does not intend to pay the rent charges, the rent charges
shall accrue and be due and owing to the property owner.
(g)
In the event that the lienholder files either an action for replevin of the home
or forecloses on the lien for unpaid purchase price or first lien, the
lienholder shall be responsible for unpaid rent and rent charges that have
accrued beginning 30 days after the eviction of the owner or occupant of the
manufactured home or mobile home.
(h)
In the event that the homeowner or occupant declares bankruptcy, the accruing of
any rent or rent charge due by the lienholder to the owner of the manufactured
home community shall be stayed by the bankruptcy until 30 days after the final
court action discharging the bankruptcy or releasing the collateral, whichever
occurs first.
(i)
The maximum rent charge available to the owner of a manufactured home community
shall be a daily rate equal to one-thirtieth of the then current lot rental
amount paid by the homeowner or occupant as defined in the current or most
recent lease agreement between the homeowner or occupant and the owner of the
manufactured home community. In the event that no written lease agreement is in
effect between the owner of the manufactured home community and the owner or
occupant of a manufactured home or mobile home, the maximum rent charge
available to the owner of the manufactured home community shall be $3.00 per
day.
(j)
Notice required as set forth in subsections (d) and (e) of this Code section
shall be mailed by certified mail, return receipt requested, or statutory
overnight delivery to the registered agent of the lienholder or, if the
lienholder is not a corporation, to the lienholder´s last known address.
Notice by certified mail shall be effective on the date of receipt or, if
refused, on the date of refusal.
(k)
It shall be unlawful for the owner of the manufactured home community to refuse
to allow the lienholder to repossess and move the manufactured home or mobile
home for failure to pay any charges for which notice was not provided in
accordance with the requirements of this Code section. In the event the owner
of the manufactured home community refuses to allow the lienholder to repossess
and move the manufactured home or mobile home, the owner of the manufactured
home community shall be liable to the lienholder for each day that the owner of
the manufactured home community unlawfully maintains possession of the home, at
a daily rate equal to one-thirtieth of the monthly payment due according to the
contract and security agreement entered into between the homeowner or occupant
and the lienholder.
(l)
If either a lienholder or an owner of a manufactured home community brings an
action at law against the other in a court of competent jurisdiction, the
prevailing party, as determined by the court, in addition to other relief
granted by the court, may be awarded costs of litigation including reasonable
attorney´s fees.
(m)
If, after receipt of a notice pursuant to subsections (d) and (e) of this Code
section, a lienholder sells or assigns a manufactured home or mobile home, the
lender shall provide the purchaser of such home with a copy of the notice
received from the owner of the manufactured home community and the purchaser
shall take the home subject to the rights of the owner of the manufactured home
community pursuant to this Code section. The owner of the manufactured home
community may enforce his or her rights for rent charges against the purchaser
without issuing additional notices."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.