Sec. 35. (a) A mobile home community operator shall provide each owner of a mobile home, manufactured home, or industrialized residential structure located in the mobile home community written notice of the operator’s intent to close the mobile home community not later than one hundred eighty (180) days before the date of the intended closure.

     (b) A mobile home community operator who violates this section commits a deceptive act that is actionable by the attorney general or a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.

Terms Used In Indiana Code 16-41-27-35

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • industrialized residential structure: means a structure that is both an industrialized building system (as defined in IC 22-12-1-14) and a one (1) or two (2) family private residence. See Indiana Code 16-41-27-2.1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • manufactured home: has the meaning set forth in IC 22-12-1-16. See Indiana Code 16-41-27-3.5
  • mobile home: means a dwelling, including the equipment sold as a part of the dwelling, that:

    Indiana Code 16-41-27-4

  • mobile home community: means one (1) or more parcels of land:

    Indiana Code 16-41-27-5

     (c) A mobile home community operator who attempts to exclude an owner, by contract or otherwise, with the intent to evade the requirements of this section commits a deceptive act that is actionable by the attorney general or a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.

     (d) This section does not prohibit a mobile home community operator from:

(1) evicting the owner of a mobile home, manufactured home, or industrialized residential structure located in the mobile home community for reason of nonpayment of rent or for any other violation of the tenancy; or

(2) enforcing any lien held by the mobile home community operator with respect to a mobile home, manufactured home, or industrialized residential structure located in the mobile home community;

during the one hundred eighty (180) day period described in subsection (a). An action described in this subsection does not constitute a deceptive act for purposes of IC 24-5-0.5.

As added by P.L.168-2020, SEC.16. Amended by P.L.53-2022, SEC.2.