House of Representatives

HB 2263

manufactured housing; assessment

Sponsors: Representatives Somers, Polestra: Blendu, Knaperek et. al

X	Committee on Committee on Commerce and Economic Development
	Committee on Committee on Ways and Means
	Caucus and COW
	Third Read
	As Passed the House

HB 2263 authorizes a mobile home owner to classify the mobile home as real property if the land that it is situated on is being leased for at least five years.

History

Laws 1997, Ch. 150 § 172 which took effect January 1, 1999, allows manufactured homes to be assessed as real property but only if (a) the home is permanently affixed to land which is owned and (b) an affidavit of affixture is filed with the county recorder.

Currently, manufactured homes that are permanently affixed to leased land are considered personal property and are therefore subject to higher rates of mortgage financing and property taxes than real property. HB 2263 classifies a mobile home that is permanently affixed to a leased parcel as real property if the lease or contract is for five or more years, and if a memorandum of lease and an affidavit of affixture have been filed.

Several states allow an individual to claim a manufactured home situated on leased land as real property.

Provisions

· Expands real property owned by the owner of the mobile home to include land that is leased or contracted for five or more years.

· Mandates that to be considered real property the owner must file a memorandum of lease with the county recorder in the county where the land is located.

· Requires that the memorandum of lease contain a legal description of the leased land.

· A fiscal note has been requested for this bill.

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45th Legislature

Second Regular Session 2 January 25, 2002

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