Committee accepts amendment to create eviction defenses for mobile home park tenants; tables remainder for cleanup

The Senate Industry and Business Committee voted to accept an amendment to Senate Bill 2385 that relocates and revises provisions granting mobile home park tenants new statutory protections and creates an absolute defense to eviction for certain violations by park owners.

Lisonbee Hicks, Assistant Attorney General working with Senator Paulson on the draft, told the committee the amendment removes an appropriation and moves substantive tenant protections into existing Century Code sections (notably chapter 47-10). The amendment adds prohibitions on charging for utilities without individual meters, requires park owners to provide a form outlining tenant rights and obligations, limits monthly late fees to no more than 10% of rent, and adds a new statutory absolute defense to eviction hearings for tenants who show the landlord violated specified sections of 47-10-28.

Hicks explained how the absolute defense operates: if a tenant appears in eviction court and provides proof a park owner violated the identified statutory requirements (for example, charging a utility fee without an individual meter or failing to provide required notices or forms), the tenant wins the eviction hearing. To limit repetitive claims, the amendment allows tenants to raise only violations that arose since a prior order or were unknown at the time of a prior order.

Committee members asked clarifying questions about licensing and enforcement. Hicks said existing licensing and regulatory authority for mobile home parks under chapter 23-10 remains in place and that licensing enforcement can be used alongside the new statutory defenses. Legislators discussed the practical differences between mobile-home tenancy and ordinary residential leases, and several members said they wanted to review a cleaned-up printed amendment before final action.

Senator Kessel moved the amendment and it was seconded; the clerk recorded a 4-0-1 vote in favor of a due-pass recommendation on the amended bill. Committee members then agreed to pause final action on the remainder of SB 2385 until the amendment language is cleaned up and reprinted; the bill will be revisited at the committee's next scheduled meeting.

The amendment inserts mobile home tenant rights into Century Code sections governing mobile home parks and evictions; it applies only to mobile home parks and does not change general eviction law for other residential landlords.