ALJDEC decisions subject to certification as final

12F-L1212003-BFS · Department of Fire Building and Life Safety · 2012-07-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 25, 2012, at 8:00 a.m. APPEARANCES: Petitioner appeared on her own behalf. Granada Mobile Home Park (hereinafter “Granada”) appeared through its attorney, Gregory L. Droeger, Esq., Law Offices of Gregory L. Droeger. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Pursuant to A.R.S. § 33-1401 et seq., the Arizona Mobile Home Parks Residential Landlord Tenant Act (“LTA”) is “the law governing the rental of mobile home spaces and rights and obligations of landlord and tenant.” A.R.S. § 33-1402 (1). 2. Petitioner’s LTA Petition contains the following alleged LTA violations by Granada: 1. That Granada failed to provide a ninety (90) day notice for a rent increase for Petitioner’s mobile home space in Granada. 2. That the rent increase imposed by Granada is greater than ten percent (10%). 3. That Granada failed to provide a copy of A.R.S. § 33-1476.04 to Petitioner and failed to notify Petitioner of eligibility for assistance to move Petitioner’s mobile home as provided in A.R.S. § 33-1476.04.

3. Petitioner resides in a mobile home that is owned by the Petitioner and the mobile home is located in Granada. 4. Petitioner testified that her mobile home has been located in Granada since 1997. She stated that all she wanted to do was to apply to the Department of Fire Building and Life Safety (“Department”) for assistance in moving her mobile home out of Granada.[1] 5. Granada’s attorney acknowledged that Petitioner had been a long term resident of Granada and that the items alleged in Petitioner’s Petition were correct. Counsel stated that Granada is willing to submit to whatever decision the Department makes in this matter.[2] 6. Granada’s attorney acknowledged that Granada failed to provide Petitioner with a ninety (90) day notice of a rent increase. 7. Granada’s attorney acknowledged that the rent increase imposed by Granada was greater than ten percent (10%). 8. Granada’s attorney acknowledged that Granada failed to provide Petitioner with written notice of the mobile home relocation fund and the applicable provisions of A.R.S. § 33-1476.04. 9. Petitioner’s statement that the rent increase was based upon Granada’s desire to move newer mobile homes into Granada Mobile Home Park was undisputed.[3] 10. Petitioner provided a written proposal/contract from AAA Discount Mobile Home Movers for the relocation of Petitioner’s mobile home to a different location for the total sum of $4,250.00.[4] 11. Granada did not dispute that the sum of $4,250.00 to relocate Petitioner’s mobile home to a different location was reasonable and justified under the circumstances. 12. Granada offered to voluntarily contribute five hundred dollars ($500.00) to assist Petitioner to move in accordance with A.R.S. § 33- 1476.02 (D). However, Petitioner’s mobile home located in Granada is a multi-section mobile home and applicable statutory authority provides for the payment by the landlord of eight hundred dollars ($800.00) for the movement of a multi-section mobile home.[5] 13. Petitioner is found to be the prevailing party in this matter. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). 3. Granada failed to provide Petitioner with timely advanced written notices of the rent increase of more than ten percent (10%), the mobile home park relocation fund, and of the applicable provisions of A.R.S. § 33-1476.04. This tribunal concludes that Granada violated the charged provisions of the Arizona Mobile Home Parks Residential Landlord and Tenant Act. 4. A.R.S. § 33-1476.02(D). provides as follows: The director may adopt, amend or repeal rules pursuant to title 41, chapter 6 for the administration of the fund. Fund monies shall be paid to the department of fire, building and life safety to offset the costs of administering the fund including the direct and indirect costs of processing applications for reimbursement submitted under section 41-2157 and administering the direct and indirect costs of section 33-1437, subsection C. The attorney general shall review the costs charged to the fund.

5. A.R.S. § 33-1476.04(A) provides, in pertinent part, as follows: A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met: 1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park. 2. A rent increase will be effective at the expiration or renewal of the tenant's rental agreement. 3. The rent increase either singly or in combination during any consecutive twelve month period is more than a total of ten per cent plus the current increase in the consumer price index over the most recent one year period before the date of the notice of the rent increase. For the purposes of this paragraph, "consumer price index" means the "west-A" index that is published by the United States department of labor, bureau of labor statistics, and that demonstrates changes in prices in certain cities in the western United States. B. A landlord who increases rent as prescribed by subsection A of this section shall give written notice of the applicability of this section to all affected tenants. C. A tenant is eligible to receive relocation expenses pursuant to subsection A of this section as follows: 1. At least thirty days before the effective date of the rent increase that exceeds the limits prescribed by subsection A of this section, the tenant shall submit a contract for relocation of the mobile home to the director for approval and to the landlord. 2. Before the effective date of the rent increase, the tenant shall relocate the mobile home or have a fully signed contract with a licensed moving company to move the mobile home to a specific location by a specific date and must have moved the mobile home pursuant to that contract within forty-five days after the effective date of the rent increase. 3. The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action. The payment of relocation expenses shall be made at or before the time of relocation as provided in rules adopted by the director. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 16, article 5. The tenant shall provide notice pursuant to section 33- 1451, subsection A, paragraph 6 if the tenant relocates. 4. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or five thousand dollars for a single section mobile home or ten thousand dollars for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to a residential location within a one hundred mile radius of the vacated mobile home park. D. As an alternative to receiving payment as prescribed in subsection C of this section, a tenant who is eligible to receive payment pursuant to subsection A of this section may abandon the mobile home in the mobile home park and collect an amount equal to one-fourth of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for an abandonment payment pursuant to this subsection, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the department of building and fire safety in support of the tenant's application for payment. If the tenant chooses to abandon the mobile home pursuant to this subsection, the landlord is exempt from making the payments to the fund prescribed in section 33-1476.01, subsection D. E. This section does not apply to rent increases that are prescribed in a written rental agreement. F. Nothing in this section shall be construed to make any rent increase unreasonable. 6. Petitioner established that she meets statutory requirements for a payment from the mobile home relocation fund in the amount of $4,250.00.

RECOMMENDed order In view of the foregoing, it is recommended that Petitioner’s application for payment of the sum of $4,250.00 from the mobile home relocation fund be approved and that payment of said sum be made to Petitioner when such amount is available in the mobile home relocation fund. It is further recommended that Granada pay the sum of eight hundred dollars ($800.00) to the mobile home relocation fund for the movement of Petitioner’s multi-section mobile home pursuant to the provisions of A.R.S. § 1476.01(D). It is further recommended that Granada be ordered to pay Petitioner her filing fee in this matter. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is five days after the date of the certification by the Director of the Office of Administrative Hearings.[6]

Done this day, July 10, 2012.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

Gene Palma, Director Department of Fire Building and Life Safety

----------------------- [1] June 25, 2012 Hearing Record (hereinafter “H.R.”) at 16:08-17:24. [2] H.R. at 17:34-18:25. [3] Petitioner’s January 29, 2012 letter in support of her application for assistance from the mobile home relocations fund. [4] 2012 Tenant Contract for Relocation with Mover attached to Petition. [5] A.R.S. § 32-1476.01(D). Except as provided in subsection C, paragraph 2 and subsection F of this section and section 33-1476.04, subsection D, if there is a change in use the landlord shall pay five hundred dollars for each single section mobile home and eight hundred dollars for each multisection mobile home relocated to the fund for each tenant filing for relocation assistance with the director.

[6] A.A.C. R2-19-108.

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