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An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. 4, eff. 1201.401. Added by Acts 2013, 83rd Leg., R.S., Ch. The department may not charge a fee for the inspection. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 77 (H.B. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. SALESPERSON. 1201.202. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. window.status = msgStr; If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. 2019), Sec. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. Houston, Texas 77210-2109. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). 20, 21, eff. September 1, 2017. 1201.407. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. 10, eff. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. Added by Acts 2001, 77th Leg., ch. INSPECTION, REVIEW, AND RELATED FEES. 1201.104. LIMITATIONS ON CLAIMS. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 2315), Sec. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 408 (H.B. 2, eff. June 18, 2005. 1201.451. 2, eff. Breaking a lease due to disability can also be costly. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. 14, eff. Sec. 338, Sec. (B) free from defects in materials or workmanship. Added by Acts 2001, 77th Leg., ch. 1460), Sec. June 18, 2005. Sec. The Texas Department of Motor Vehicles (TxDMV) handles apportioned registrations, lost or destroyed vehicle titles, and oversize/overweight permits. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. Sec. 2019), Sec. NATURE OF PROPERTY. September 1, 2011. 2019), Sec. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. 4200 Smith School Road. 1201.203. 1201.609. 1420), Sec. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. 1460), Sec. Sec. 3, eff. September 1, 2017. All Rights Reserved. January 1, 2008. 58, eff. 2238), Sec. 863 (H.B. Acts 2009, 81st Leg., R.S., Ch. 338, Sec. 1201.252. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. 863 (H.B. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable. (B) are not used as residential dwellings when so designated. 1201.158. Obtain a expertly-drafted, state-specific template within minutes. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. Sec. Sec. Sec. 1460), Sec. Sec. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. (512) 389-4800. 1460), Sec. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 85(3), eff. 35, eff. September 1, 2017. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 408 (H.B. 85(5), eff. Sec. 54, eff. DENIAL OF LICENSE; DISCIPLINARY ACTION. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. Amended by Acts 2003, 78th Leg., ch. 1, eff. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. 22, eff. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 32, eff. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 46 (H.B. PROHIBITED REAL ESTATE TRANSACTION. 1201.356. June 1, 2003. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . Acts 2017, 85th Leg., R.S., Ch. 73(a)(3), eff. TDHCA Info. September 1, 2009. Sec. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. 1201.404. Sec. Acts 2007, 80th Leg., R.S., Ch. in Communications and English from Niagara University. Amended by Acts 2003, 78th Leg., ch. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . 1201.107. C. OMMUNITY . Acts 2017, 85th Leg., R.S., Ch. (b) If the department issues a statement of ownership for a manufactured home, the department shall maintain a record of the issuance in its electronic records and shall mail a copy to the owner and each lienholder. 1201.009. The fee for a single is $35, doublewide is $70, and triple wide is $105. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. September 1, 2009. 2438), Sec. 408 (H.B. 338, Sec. Sec. Added by Acts 2003, 78th Leg., ch. 1, eff. June 1, 2003. Sec. Sec. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. 2019), Sec. 338, Sec. 1201.002. Venue for the suit is in Travis County. 410 (S.B. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. 2019), Sec. 5, eff. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. June 18, 2005. HEARING ON STANDARD OR REQUIREMENT. June 18, 2003. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. 2, eff. 10, eff. 408 (H.B. 1201.058. (d) A retailer or manufacturer may not vary the content or form of the notice. (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. Sec. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . 1079 (H.B. You are accessing a Texas Department of Housing and Community Affairs information system. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. USED OR SALVAGED MANUFACTURED HOMES. 408 (H.B. Sec. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. 8, eff. If you have any questions, feel free to contact us today. Sec. 408 (H.B. Sec. 1201.221. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. 338, Sec. (3) another state may prohibit installation of the home in a Wind Zone II or III area. WIND ZONE REGULATIONS. The director shall publish notice and conduct a public hearing before: (1) adopting a standard or requirement authorized by this subchapter; (2) amending a standard authorized by this subchapter; or. Married couple will be the only owners and agree that the . 43, eff. 408 (H.B. September 1, 2017. 1079 (H.B. June 18, 2003. If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home. document.returnValue = true; 1201.057. 1201.1521. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. Sec. 46 (H.B. 30, eff. June 18, 2003. 1284 (H.B. 863 (H.B. September 1, 2011. 1201.508. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. } 14A.251(a), eff. 3.15, eff. (4) the issuance of an initial or revised statement of ownership. 36, eff. 23, eff. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 381 Frontage Road Princeton, WV 24739. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 408 (H.B. 1460), Sec. 408 (H.B. 77 (H.B. Acts 2007, 80th Leg., R.S., Ch. (a) The board shall approve continuing education programs for licensees under this chapter. Texas Department Of Manufactured Housing Statement Of Ownership . 408 (H.B. 1460), Sec. 2019), Sec. 408 (H.B. 28, eff. 51, eff. 2019), Sec. 1201.103. 40, eff. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. 1460), Sec. Sec. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). 1201.116. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. 1201.301. Sec. Acts 2005, 79th Leg., Ch. 1201.611. Amended by Acts 2003, 78th Leg., ch. SUBCHAPTER I. 1284 (H.B. 19, eff. Added by Acts 2003, 78th Leg., ch. 1421, Sec. January 1, 2008. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. January 1, 2008. 2019), Sec. (C) the use of the property is changed as described by Section 1201.216. PROHIBITED SALE OR EXCHANGE. 1201.2055. September 1, 2017. Sec. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. 1460), Sec. 2, eff. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. September 1, 2017. 23, eff. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. Acts 2017, 85th Leg., R.S., Ch. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. 2019), Sec. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. PERFECTION, EFFECT, AND RELEASE OF LIENS. 338, Sec. 1460), Sec. 408 (H.B. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. 2, eff. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. Acts 2005, 79th Leg., Ch. The application fee is currently $55, which should be submitted directly to the TDCHA. September 1, 2017. 1201.105. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. January 1, 2008. The application must include all the following documents as a part of this form. 408 (H.B. 1201.212. L. No. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. Amended by Acts 2003, 78th Leg., ch. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. 2019), Sec. 46 (H.B. PROCEDURE FOR ADOPTING RULES. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. 3, eff. September 1, 2013. June 18, 2005. 3361), Sec. September 1, 2017. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. Sec. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. 863 (H.B. Sec. Can I Use a Bill of Sale for a Texas Trailer Title? (c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to: (1) comply with a written or implied warranty; or. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. QUALIFICATIONS FOR LICENSE. of Housing and Community Affairs to verify an applicant's ownership of a manufactured Stay up-to-date with how the law affects your life. 1284 (H.B. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 2019), Sec. 408 (H.B. (e) A deposit becomes a down payment upon execution of a sales purchase contract. You will need to pay a $55 issuance fee for a new SOL. INSTALLER'S WARRANTY. 408 (H.B. 2238), Sec. T. EXAS . 2438), Sec. 2438), Sec. Sec. SHORT TITLE. 3361), Sec. (a) if the appraisal district verifies the applicant's ownership under this subsection. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. 408 (H.B. 2238), Sec. 338, Sec. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (2) payment of any use tax owed to the state.