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327C.N5 MA FAC MIRED HOME PARK LOT RET'I'AIS 7710
<br />owner, the local planning agency shall submit the closure statement to the governing
<br />body of the municipality and request the governing body to schedule a public hearing.
<br />The municipality must mail a notice at least ten days before the hearing to a resident
<br />of each manufactured home in the park stating the time, place, and purpose of the pub-
<br />lic hearing. The park owner shall provide the municipality with a list of the names and
<br />addresses of at least one resident of each manufactured home in the park at the time
<br />the closure statement is submitted to the local planning agency.
<br />Subd. 5. Park conversions. If the planned cessation of operation is for the purpose
<br />of converting the part of the Dark occupied by the resident to a condominium pursuant
<br />to chapter 515A, the provisions of section 515A.4-110, except paragraph (a), shall
<br />apply. The nine -month notice required by this section shall state that the cessation is
<br />for the purpose of conversion and shall set forth the rights conferred by this subdivision
<br />and section 515A.4.110, paragraph (b). Not less than 120 days before the end of the
<br />nine months, the park owner shall serve upon the resident a form of purchase agree.
<br />ment setting forth the terms of sale contemplated by section 515A.4-I 10, paragraph (b).
<br />Service of that form shall operate as the notice described by section 515A.4-110, para-
<br />graph (a).
<br />History: 1987 c 179 s 10
<br />327C.10 DEFENSES TO EVICTION.
<br />Subdivision 1. Nonpayment of rent. In any action to recover possession for failure
<br />to pay rent, it shall be a defense that the sum allegedly due contains a charge which vio-
<br />lates section 327C.03,, or that the park owner has injured the defendant by failing to
<br />comply with section 504.18.
<br />Subd. 2. Nonpayment of rent increase. In any action to recover possession for fail-
<br />ure to pay a rent increase, it shall be a defense that the park owner.
<br />(a) failed to comply with the provisions of section 327C.06, subdivision 1 or 3i
<br />(b) increased the rent in violation of section 327C.06, subdivision 2.
<br />Subd. 3. Rule violations. In any action to recover possession for the violation of
<br />a park rule, it shall be a defense that the mle allegedly violated is unreasonable.
<br />Subd. 4. Retaliatory conduct In any action to recover possession it shall be a
<br />defense that the park owner has violated section 327C.12.
<br />History: 1982 c 526 art 2 s 10
<br />327C.II EVICTION PROCEEDINGS.
<br />Subdivision 1. Right of redemption. The right of redemption, as expressed in sec-
<br />tion 504.02 and the common taw, is available to a resident from whom a park owner
<br />seeks to recover possession for nonpayment of rent, but no resident may exercise that
<br />right more than twice in any 12-month period; provided, that a resident may exercise
<br />the right of redemption more than twice in any 12-month period by paying the park
<br />owner's actual reasonable attorney's fees as part of each additional exercise of that right
<br />during the 12-month period.
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<br />7711 MAN AC RED HOME PARE LOT RENFAIS 327C.14
<br />Subd. 2. Waiver by accepting rent. A park owner who gives a resident a notice as
<br />provided in section 327C.09, subdivision 3, 4, 6, or 8, or 327C.095, does not waive the
<br />notice by afterwards accepting rent. Acceptance of rent for a period after the expiration
<br />of a final notice to quit waives that notice unless the parties agree in writing after service
<br />of the notice that the notice continues in effect.
<br />Subd. 3. Writ of restitution stayed. The issuance of writ of restitution, other than
<br />a conditional writ, shall be stayed for a reasonable, period not to exceed seven days to
<br />allow the resident to arrange to remove the resident's home from the lot.
<br />Subd. 4.. Conditional writ. Where the interests ofjustice require the court may issue
<br />a conditional writ of restitution, which orders the resident and all those in the resident's
<br />household to stop residing in the park within a reasonable period not to exceed seven
<br />days, but which allows the resident's home to remain on the lot for 60 days for the pur-
<br />pose of an in park sale, as provided in section 327C.07. The writ shall also direct the
<br />park owner to notify any party holding a security interest in the resident's home and
<br />known to the park owner, of the provisions of the writ. If the court issues a conditional
<br />writ, the resident may keep the home on the lot for 60 days for an in park sale if.
<br />(a) neither the resident nor members of the resident's household. reside in the park;
<br />(b) the resident complies with all rules relating to home and lot maintenance, and
<br />(c) the resident pays on time all rent and utility charges owed to the park owner.
<br />If the resident fails to meet any of these conditions, the park owner may, on three days
<br />written notice to the resident, move the mum for an order making the writ of restitution
<br />unconditional. Sixty-one days after the issuance of a conditional writ, the writ shall
<br />become absolute without further court action.
<br />History: 1982 c 526 an 2 s I1; 1986 c 444: 1987 c 179 s 9
<br />327C.12 RETALIATORY CONDUCT PROHIBITED.
<br />A park owner may not increase rent, decrease services, alter an existing rental
<br />agreement or seek to recover possession or threaten such action in whole or in pan as
<br />a penalty for a resident's:
<br />(a) good faith complaint to the park owner or to a government agency or official;
<br />or
<br />(b) good faith attempt to exercise rights or remedies pursuant to state or federal
<br />law. In any proceeding in which retaliatory conduct is alleged, the burden of proving
<br />otherwise shall be on the park owner if the owner's challenged action began within 90
<br />days after the resident engaged in any of the activities protected by this section. If the
<br />challenged action began more than 90 days after the resident engaged in the protected
<br />activity, the party claiming retaliation must make a prima facie case. The park owner
<br />must then prove otherwise.
<br />History: 1982 c 526 art 1 s 12; 1986 c 444
<br />327C.13 FREEDOM OF EXPRESSION.
<br />No park ownershall prohibit or adopt any rule prohibiting residents or other per-
<br />sons from peacefully organizing, assembling, canvassing, lea(letting or otherwise exer-
<br />cising within,the park their right of free expression for noncommercial purposes. A park
<br />owner may adopt and enforce miles that set reasonable limits as to time, place and man-
<br />ner.
<br />History: 1982 c 526 art 1 s 13
<br />327C.14 RIGHT OF ACCESS.
<br />Subdivision 1. To the home. A park owner has no right of access to a manufactured
<br />home located within the park unless access is necessary to prevent damage to the park
<br />Premises or to respond to an emergency.
<br />Subd. 2. To the lot. A park owner may come onto a manufactured home lot in
<br />order to inspect the lot, make necessary or agreed upon repairs or improvements, sup-
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