House of Representatives

HB 2263

manufactured housing; assessment

(NOW: mobile homes; affidavit of affixture)

 

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

 

 
DPA

S/E

Committee on Commerce and Economic Development

DPA

S/E

Committee on Ways and Means
DPA

S/E

Caucus and COW

DP

Third Read

X

As Transmitted to the Governor

 

 

This bill as introduced contains an Emergency clause.

 

 

 

HB 2263 outlines criteria to classify a mobile home situated on leased property in a mobile home park as real property.

 

History

Laws 1997, Chapter 150 took effect January 1, 1999, and 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.  Several states currently allow an individual to claim a manufactured home situated on leased land as real property. 

 

Provisions

·          Allows a person who owns a mobile home located on leased land in a mobile home park to file an affidavit of affixture with the County Recorder if all if the following criteria are met:

1.      The mobile home has been affixed to the property as required by state and local standards.

2.      The term of the lease of the property is for at least 20 years and permits the recording of an affidavit of affixture.

3.      Before filing the affidavit of affixture, a memorandum of lease is recorded that includes all of the following:

a.       Names and addresses of the landlord and tenant.

b.      Duration of the lease.

c.       Conditions of renewal.

d.      Manufacturer’s list price of the mobile home.

e.       Make, year, size and vehicle identification numbers (VIN) of the mobile home.

f.        Legal description of real property where mobile home is located.  Outlines requirements.

g.       Acknowledged signatures of both landlord and tenant.

·          Stipulates the requirements for an affidavit of affixture.

·          Mandates the filing of the Arizona Department of Transportation (ADOT) receipt with the assessor in the county in which the affidavit of affixture is recorded.

·          States that the recording of an affidavit of affixture does not impair the rights of a holder of a perfected security interest unless the affidavit of affixture contains the acknowledged consent of the secured party of the termination of the security interest.

·          Requires a certificate of compliance or waiver issued by the Office of Manufactured Housing if an affidavit of affixture is submitted for recording on a mobile home entering the state for sale or installation.

·          Outlines requirements in the event that the lease is terminated, including notice and filing requirements. 

·          Stipulates procedures after completion of the filing in order to retitle the mobile home.

·          Mandates an amended memorandum of lease if the identity of the owner of the mobile home changes during the term of lease.

·          Establishes that upon recording the amended memorandum of lease, the successor tenant is afforded the rights and obligations of the owner under the affidavit of affixture.

·          Specifies that the mobile home and the leasehold interest to which it is affixed shall be treated as real property.

·          Specifies that the mobile home identified in a recorded affidavit of affixture must be assessed as personal property.

·          Clarifies that the provisions of the chapter apply to the relationship between the landlord and the owner of the mobile home as tenant.

·          Contains an emergency clause.

 

 

 

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45th Legislature                       

Second Regular Session            2          June 25, 2002

 

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