[WSBARP] Seasonal Mobile Home Sites (RLTA, MHLTA, None of the Above)

[Traci Shallbetter]

Seeking confirmation (or disagreement) that mobile home sites that are: (a) rented out as part of a seasonal resort (May -September), (b) with all common areas of the Resort being privately owned by the Resort owner and used for other Resort operations, and (c) occupied as a second home rather than a primary residence during the months May-September are neither subject to RLTA nor MHLTA.  My analysis, per the below, is that: (1) because the rental is of a site, not a “dwelling” or a mobile, the agreement it is not subject to RLTA, and (2) because the mobile site is not being rented as the location for a mobile/park model/manufacture home “for the exclusive use as a primary residence by the occupants” (RCW 59.20.030(11)), the resort is only open seasonally, and all of the common areas are privately owned by the resort owner, the resort does not qualify as a “mobile home park cooperative,” “mobile home park subdivision,” or “mobile home park” under (12), (13), (14).

More specifically:
RLTA applies to dwelling units, defined in RCW 59.18.030(10)<https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.030>.  The seasonal resort is renting a piece of vacant land, not a mobile or any other dwelling, so how can the rental agreements or landlord be subject to RLTA?

Typically, sites rented for occupancy of a mobile home/mobile home-type structure fall under MHLTA, but I don’t believe the rental at a seasonal resort applies where:
(a) the mobile homes/park models/trailers are not situated on the lots to be “for exclusive use as a primary residence by occupants”; and
(b) the resort is seasonal and the rental agreements provide the renters can only occupy the sites between May and October 1.

Per RCW 59.20.040<https://app.leg.wa.gov/RCW/default.aspx?cite=59.20.040>, “This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding  a mobile home lot and including specified amenities within the mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property…” (my emphasis).  In the case at hand, the Resort is not renting “mobile home lots” as defined in RCW 59.20.030(11) because the lots are seasonal and not occupied as primary residences. Indeed, even during the season, most if not all of the owners of the mobiles stay at their mobiles only a few days each week, or at least they head back to their primary residence once a week).

Per RCW 59.20.030(11<https://app.leg.wa.gov/RCW/default.aspx?cite=59.20.030>) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model.” (my emphasis).  (Our Resort also doesn’t fall within the definitions of “mobile home park cooperative,” “mobile home park subdivision,” or “mobile home park” under (12), (13), (14), for what it’s worth as none of the common areas are under common ownership or association ownership, and all of the sites rent only for seasonal recreational purposes, not year-round occupancy (an express exception under (14)).  (The rest of the resort and common areas are shared by cottages, day users, and other resort operations).

(For what it’s worth, the rental agreements also expressly state on page 1 that they are not subject to either RLTA or MHLTA).

Anyone think this is a grey area, or that I’m missing something?

This still leaves the question of whether—assuming these seasonal sites are not subject to RLTA or MHLTA—they are within the scope of the Governor’s Proclamation (specific pattern at hand involves a mobile that the owners have not occupied since last fall and is still vacant, so seems as a factual matter, the “intent” of the proclamation at least doesn’t apply, but…).

Traci Shallbetter
https://www.linkedin.com/in/traci-shallbetter-03504b6/
(509) 260-0037
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rowley, Rob
Sent: Tuesday, June 2, 2020 4:48 PM
To: WSBA RPPT <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] No evictions thru August 1

Tenants are now protected from notices to vacate/rent increases/termination and evictions through August 1, 2020 per Proclaimation 20-19.2 issued this afternoon.
https://www.governor.wa.gov/news-media/inslee-extends-eviction-moratorium

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