Section 125.04. Rental agreement; limitations.

 

(1)   Entrance and exit fees. No operator may charge an entrance fee or exit fee in return for allowing the movement of a manufactured home into or out of a manufactured home community. This subsection does not apply to:

(a) Periodic payments for the rental of a site, pursuant to the rental agreement.

(b) A security deposit not exceeding the amount of 2 months' rent or $750, whichever is less.

(c) Material and labor costs incurred by the operator to move a tenant's manufactured home into or out of the manufactured home community, to install the manufactured home on a site or remove it from a site, or to connect or disconnect utility services. The amount of any charges, or the basis upon which charges are to be calculated, shall be clearly set forth in the rental agreement.

(2)   Restrictions on choice of vendors. No operator may restrict the choice of vendors from whom a tenant may purchase goods or services. This subsection does not apply to:

(a) Utility services, subject to sub. (3) .

(b) Service provided by the operator in the installation of a manufactured home on a site, or in the removal of a manufactured home from a site, pursuant to sub. (1) (c) .

(c) Snow removal, lawn care, or similar site maintenance services performed by the operator upon the failure of a tenant to fulfill the tenant's site maintenance obligations under the rental agreement. No charges may be imposed for site maintenance services performed by the operator under this paragraph unless the tenant, if available, is given prior notice and a reasonable opportunity to perform the tenant's obligations under the rental agreement. Charges for site maintenance services shall be set forth in the rental agreement.

(d) Services involving the transportation of a mobile home to or from the site within the manufactured home community, if the operator can show that the person providing the service has damaged property within the manufactured home community during a previous move and failed to compensate the operator for the damages.

(e) A nondiscriminatory prohibition against sales solicitations within the manufactured home community.

(3)   Charges for utility services.

(a) Charges for a utility service provided through the operator's facilities, if not included in the rent, shall be based on the amount of the utility service used by tenants. Charges for electronic communications service provided through the operator's facilities may be assessed in the form of a uniform charge to subscribing tenants, subject to par. (b) . Charges, or the method of computing charges for utility services provided through the operator's facilities shall be set forth in the rental agreement under s. ATCP 125.03 (1) (b) .

(b) If electronic communications service is provided by the operator but not included in the rent, the operator may not limit a tenant's access to electronic communications service provided by an outside source.

(c) Charges for utility services provided through the operator's facilities, if based on amounts used, shall be periodically invoiced in writing to tenants. Invoices shall specify both the charge and the amount of the utility service used.

(d) Charges for utility services provided through the operator's facilities, if not included in the rent, shall be competitive with retail prices charged for the same or equivalent services by public utilities or other local sources. If a utility service is provided directly to tenants by a public utility or other outside source, no additional charge may be assessed for the service by the operator.

History: Cr. Register, May, 1976, No. 245 , eff. 6-1-76; r. and recr. Register, February, 1987, No. 374 , eff. 3-1-87; CR 13-027 : am. (1) (intro.), (b), (c), (2) (b), (d), (e), (3) (a), (b) Register December 2013 No. 696 , eff. 1-1-14.

Note

This paragraph is not intended to deny to an operator any right which the operator may have to compensation from a cable television company for easements or other use of the operator's property. Microsoft Windows NT 6.1.7601 Service Pack 1