Landlord and Tenant - Mobile Home Parks

questions & answers

Question: I have been trying to sell home for 2 years, today received a firm offer which management refused as tenant only 50 years not 55. Have been told a percentage in 55+parks can purchase. Would you please confirm or deny this. thank you.

Answer: Per, Arizona Revised Statutes 33-1452 (E) (3), a landlord may not deny a resident of a mobile home park the right to sell his or her mobile home. The landlord may however to approve the purchaser of the mobile home as a tenant. A landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the premises only under certain circumstances. See A.R.S. 33-1452. Rules and regulations (A) 1-6. (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01452.htm&Title=33&DocType=ARS)

Under the Housing for Older Persons Act of 1995 (HOPA), for a housing facility or community to qualify as housing for older persons, at least 80 percent of its occupied units must be occupied by at least one person 55 years of age or older. (https://www.leadingage.org/uploadedFiles/Content/Members/Legal/Fair_Housing/HOPA%20-%20Housing%20for%20Older%20Persons%20Act.pdf)  (http://www.hud.gov/offices/fheo/library/hopa95.pdf)