Current through November 7, 2024
Section 21-79-2 - Resale standards(a) An owner shall not impose any resale restrictions or standards upon a resident unless such resale standards are permitted by Section 21-79 of the Connecticut General Statutes. An owner shall have the burden of proof regarding the failure of a resident or prospective purchaser to meet resale standards. If an owner fails to object to a resale request, such owner shall not require the new resident to bring the mobile manufactured home into compliance with the resale standards.(b) A resident shall have the burden of asserting a claim of undue financial hardship, as evidenced by financial documentation, for meeting the aesthetic standards set forth by an owner. In the event that a resident asserts a financial hardship claim, the owner shall have the burden to prove that the requested changes will not create an undue financial hardship on the resident. Such aesthetic standards shall be filed with the Department of Consumer Protection pursuant to Section 21-70(e) of the Connecticut General Statutes.(c) If an owner determines that a mobile manufactured home is unsafe, unsanitary or not in compliance with the aesthetic standards of the park, and if an owner objects to on-site resale in the park because of such conditions, a resident shall be permitted to cure these defects and proceed with the sale. The sale of such a property may go forward if, at the time of sale, a purchaser is able to demonstrate that such purchaser has entered into one or more fully executed contracts with a properly registered or licensed contractor to accomplish the repairs that will bring the mobile manufactured home into compliance with safety, sanitary, and aesthetic standards. Such purchaser shall also demonstrate proof of an escrow account containing funds sufficient to pay the repair costs, provided that no escrow may be required in an amount greater than the price of the contemplated repairs.(d) An owner may require a purchaser of a mobile manufactured home to sign a resale agreement between a resident and an owner at the time of sale.(e) An owner shall not (1) charge a fee in connection with the approval of a resale; (2) require a resident to pay for an inspection; (3) require a resident to obtain a safety and sanitary certification from a contractor; or (4) condition the approval of a resale upon any ongoing or future improvement to the park.(f) An owner shall not, as a condition of resale, transfer to a resident any of an owner's responsibilities pursuant to Section 21-82 of the Connecticut General Statutes, such as the removal of an in ground oil tank, related to the park facilities and appurtenances, and the grounds, areas and facilities under the control of the owner for the use of residents.(g) An owner shall not object to the resale of a mobile manufactured home if it is to be removed from the park.Conn. Agencies Regs. § 21-79-2