SB 6: "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park."
00 SENATE BILL NO. 6 01 "An Act relating to required notice of eviction to mobile home park dwellers and 02 tenants before redevelopment of the park." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.45.090(a) is amended to read: 05 (a) For property to which the provisions of AS 34.03 (Uniform Residential 06 Landlord and Tenant Act) apply, unlawful holding by force includes each of the 07 following: 08 (1) when, for failure or refusal to pay rent due on the lease or 09 agreement under which the tenant or person holds, and after service, under 10 AS 09.45.100(b), of the written notice required by AS 34.03.220(b) by the landlord for 11 recovery of possession of the premises if the rent is not paid, the tenant or person in 12 possession fails or refuses to vacate or pay the rent within seven days; 13 (2) when, 14 (A) after a violation of a condition or covenant set out in
01 AS 34.03.120(a), other than a breach of AS 34.03.120(a)(5) due to the 02 deliberate infliction of substantial damage to the premises, or after a breach or 03 violation of a condition or covenant in a lease or rental agreement and 04 following service of written notice to quit, the tenant fails or refuses to remedy 05 the breach or to deliver up the possession of the premises within the number of 06 days provided for termination under AS 34.03.220(a)(2); 07 (B) after a violation of AS 34.03.120(a)(5) by deliberate 08 infliction of substantial damage to the premises, following service of written 09 notice to quit, the tenant fails or refuses to deliver up the possession of the 10 premises by the date set out in the written notice to quit under 11 AS 34.03.220(a)(1); 12 (C) after a violation of AS 34.03.220(e) following 13 discontinuance of a public utility service, following service of written notice to 14 quit, the tenant fails or refuses to deliver up the possession of the premises by 15 the date set out in the written notice to quit under AS 34.03.220(e); 16 (D) the landlord requires the tenant to vacate the premises for a 17 reason set out in AS 34.03.310(c)(2) or (c)(4) - (7), following service of 18 written notice to quit, the tenant fails or refuses to deliver up the possession of 19 the premises within the longer of 30 days or the period of notice for the 20 landlord's recovery of possession of the premises set out in the rental 21 agreement; 22 (E) in a mobile home park, there is to be a change in the use of 23 land for which termination of tenancy is authorized by AS 34.03.225(a)(4), 24 following service of written notice to quit, the mobile home dweller or tenant 25 fails or refuses to vacate within the period [NUMBER OF DAYS] provided 26 for termination under AS 34.03.225(a)(4); 27 (F) after termination of a periodic tenancy as prescribed by 28 AS 34.03.290(a) or (b), following service of written notice to quit, the tenant 29 remains in possession without the landlord's consent after expiration of the 30 term of the rental agreement or after the date of its expiration; 31 (G) after the tenant has violated AS 34.03.120(b) or the tenant
01 has used the dwelling unit or allowed the dwelling unit to be used for an illegal 02 purpose in violation of AS 34.03.310(c)(3) other than a breach of 03 AS 34.03.120(b), following service of written notice to quit, the tenant fails or 04 refuses to deliver up the possession of the premises within five days; or 05 (H) following service of written notice to quit, a person in 06 possession continues in possession of the premises without a valid rental 07 agreement, as that term is defined in AS 34.03.360, and without the consent of 08 the landlord; or 09 (3) when, without a notice to quit, a tenant or person in possession 10 continues in possession of the premises after the tenancy has been terminated by 11 issuance of an order of abatement under AS 09.50.210(a). 12 * Sec. 2. AS 34.03.225(a) is amended to read: 13 (a) A mobile home park operator may evict a mobile home or a mobile home 14 park dweller or tenant only for one of the following reasons: 15 (1) the mobile home dweller or tenant has defaulted in the payment of 16 rent owed; 17 (2) the mobile home dweller or tenant has been convicted of violating 18 a federal or state law or local ordinance, and that violation is continuing and is 19 detrimental to the health, safety, or welfare of other dwellers or tenants in the mobile 20 home park; 21 (3) the mobile home dweller or tenant has violated a provision, 22 enforceable under AS 34.03.130, of the rental agreement or lease signed by both 23 parties and not prohibited by law including rent and the terms of agreement; and 24 (4) a change in the use of the land comprising the mobile home park, 25 or the portion of it on which the mobile home to be evicted is located; however, all 26 dwellers or tenants so affected by a change in land use shall be given a quit date 27 during the calendar year falling no earlier than April 1 and no later than 28 September 30, and at least 365 [180] days' notice, or longer if a longer notice period 29 is provided in a valid lease, except that only 180 days' notice is required if the 30 mobile home park operator finds suitable places for the dwellers or tenants to 31 move their homes, pays the disconnection, relocation, and reestablishment costs
01 of the mobile home or $5,000, whichever is less, and a longer notice period is not 02 provided in a valid lease. 03 * Sec. 3. AS 34.08.620(a) is amended to read: 04 (a) A declarant of a common interest community containing conversion 05 property, and any dealer who intends to offer units in a common interest community 06 containing conversion units, shall give each residential tenant and each residential 07 subtenant in possession of a portion of conversion property notice of the conversion 08 and provide each person with the public offering statement no later than 180 days 09 before the tenant and any subtenant in possession are required to vacate. If the 10 conversion property consists of a mobile home park, notice of the conversion and 11 delivery of a public offering statement shall be provided no later than one year before 12 the tenant and any subtenant in possession are required to vacate, with a quit date 13 during the calendar year falling no earlier than April 1 and no later than 14 September 30. The notice must set out generally the rights of tenants and subtenants 15 under this section and shall be hand delivered to the tenant or subtenant in possession 16 or mailed by certified mail, return receipt requested, to the tenant and subtenant at the 17 address of the unit or any other mailing address provided by a tenant. The failure to 18 give notice as required by this section is a defense to an action for possession and the 19 terms of the tenancy may not be altered during the notice period provided by this 20 subsection. A tenant or subtenant may not be required to vacate upon less than 180 21 days' notice and a tenant and a subtenant in possession in a mobile home park may not 22 be required to vacate upon less than one year's notice except for one of the following 23 reasons: 24 (1) the tenant or subtenant has defaulted in the payment of rent owed; 25 (2) the tenant or subtenant has been convicted of violating a federal or 26 state law or local ordinance, and that violation is continuing and is detrimental to the 27 health, safety, or welfare of other dwellers or tenants in the mobile home park; and 28 (3) the tenant or subtenant has violated a provision, enforceable under 29 AS 34.03.130, of the rental agreement or lease signed by both parties and not 30 prohibited by law including rent and the terms of agreement.