FINACT19F-LTA1819006-ADH.pdf

19F-LTA1819006-ADH · Arizona State Department of Housing - LTA · 2019-06-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Vernon Walker, No. 19F-LTA1819006-ADH

vs. ADMINISTRATIVE LAW JUDGE DECISION EL MOLINO MOBILE HOME PARK, et al.

HEARING: April 4, 2019 APPEARANCES: Appellant Vernon Walker appeared on behalf of himself. Scott Baluha, Esq. appeared on behalf of Respondent EL MOLINO MOBILE HOME PARK, et al. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

FINDINGS OF FACT 1. Respondent El Molino Mobile Home Park (“El Molino”) is a mobile home park in the state of Arizona. 2. Petitioner Vernon Walker is not a tenant of Park. 3. On or about October 24, 2018, Mr. Walker filed a Petition for Hearing by the Mobile Home Parks Administrative Law Judge in which he alleged that El Molino violated Ariz. Rev. Stat. (“A.R.S.”) § 33-1432.1 Mr. Walker alleged that El Molino failed to post rental increases in 2018. 4. Respondent filed a timely response to the Petition. 5. Mr. Walker explained at hearing that he has never lived in El Molino. Mr. Walker explained that he purchased the mobile home to lease it to other tenants. Mr. Walker asserted that he has never lived in the mobile home and has no intention of living in the unit. However, Mr. Walker contended that he does not have to live in the mobile home to be a tenant of El Molino.

1 The Arizona State Department of Housing dismissed Petitioner’s claim that Respondent violated A.R.S. § 33- 1437.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 6. El Molino contended that Mr. Walker was not entitled to a hearing because he is not a tenant. El Molino also provided an affidavit from its manager wherein she attested that El Molino has posted a rent increase disclosure statement in

the rental office since the day she started her employment on July 1, 2018.

CONCLUSIONS OF LAW

1. The Department referred this case to the Arizona Office of Administrative

Hearings, and this office has jurisdiction to hear and decide the petition pursuant to

A.R.S. § 41-4061 et seq.

2. This case is governed by the Arizona Mobile Home Parks Residential

Landlord and Tenant Act found at Arizona Revised Statutes Title 33, Chapter 11

(A.R.S. §§ 33-1401 through 33-1491).

3. A.R.S. § 33-1432 provides, in relevant part, as follows:

For a prospective tenant on an initial rental agreement, a written statement that shows the rent increases for the three full calendar years immediately preceding the prospective initial rental agreement date. This information shall be for basic space rental only and does not apply to other fees such as late charges, guest fees and utility charges. The landlord may disclose the rent history with calculations that fairly describe the rent history and that are made in any manner that reasonably informs the prospective tenant of the history of basic space rent in the mobile home park during that period. The disclosure calculation may be made in January of each year by adding the dollar amounts or percentage amounts for aggregate rental increases that became effective in the prior calendar year for every space in the park and dividing that number by the total number of occupied revenue spaces for which rent was or could have been increased. This average amount of rental increase or average percentage of rental increase shall be posted at the rental office for three years. Disclosure calculations made pursuant to this section shall be made to the best of the landlord's ability. 4. A.R.S. § 41-4062 (A) provides, in relevant part, as follows: A person that is subject to title 33, chapter 11 or a party to a rental agreement entered into pursuant to title 33, chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the Arizona department of housing program fund established by section 41-3957 and are not refundable.

5. Pursuant to A.R.S. § 33-1409(29), tenant means, “a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space.” 6. Pursuant to A.R.S. § 33-1409(26), rental agreement means, “leases or agreements and valid rules adopted under section 33-1452 embodying the terms and conditions concerning the use and occupancy of a mobile home space and premises, and includes month-to-month tenancies that arise out of the expiration of a written rental agreement pursuant to section 33-1413. 7. It is undisputed that Mr. Walker never lived in El Molino and is not a tenant of El Molino. Therefore, Mr. Walker is not entitled to a hearing under A.R.S. § 41-1062(A) and A.R.S. § 33-1409(29). ORDER It is ORDERED that this petition is dismissed. 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 will be five days from the date of that certification. Done this day, April 24, 2019.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to: Carol Ditmore, Arizona Department of Housing