WeVote
Log In

Bill

Bill

SB 2385

AN ACT to create and enact a new chapter to title 23 and a new section to chapter 47-32 of the North Dakota Century Code, relating to receivers for mobile home parks and a defense to an eviction from a mobile home; to amend and reenact sections 23-10-03, 23-10-04, 23-10-06, 23-10-06.2, 23-10-12, and 47-10-28 of the North Dakota Century Code, relating to licensure and regulation of mobile home parks; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Dick Dever and 4 co-sponsors

Creates state receivership for failing mobile home parks, strengthens licensing/disclosure, and adds eviction defenses for tenants.

Filed with Secretary Of State 04/23
0
WeVote Research Nonpartisan
Bill Summary · SB 2385

SB 2385 — Summary (North Dakota, 2025)

Status
- Introduced: March 12, 2025.
- Filed with Secretary of State: April 23, 2025.
- Current version: Engrossed with House amendments (creates new chapter in Title 23; adds provisions to chapter 23‑10 and chapter 47‑32).

Purpose
- Establish statutory authority for state receiverships of mobile home parks that pose health/safety risks or repeatedly violate licensing rules; strengthen licensing, ownership disclosure, inspection, and tenant‑protection rules for mobile home parks; and create a statutory defense to eviction for mobile home tenants.

Key provisions
1. New receivership chapter (new chapter in Title 23)
- Triggers: When the Department of Health and Human Services (the “department”) revokes a mobile home park license, it may petition the district court to place the park in receivership for repeated/serious violations of chapter 23‑10 or to protect health and safety.
- Receiver appointment: The court shall appoint the department commissioner as receiver; the commissioner may designate a qualified individual or nonprofit organization to run the receivership (designees cannot be state/political subdivision employees).
- Receiver powers/limitations: The receiver must use park income/assets to maintain and operate the park and to correct violations or threats to health/safety. The receiver may not liquidate park assets.
- Termination: Receivership ends when (a) conditions are corrected and certified by receiver & court; (b) the park license is restored; (c) a new license is issued; or (d) the owner discontinues operation and residents secure other housing. Receiver must provide a full accounting and dispose of surplus per court order.

  1. Annual ownership/manager disclosure (new section to ch. 23‑10)

    • A new owner applying for a license (and renewal applicants) must annually provide the department the name, address, and telephone number of park managers and any individual owning more than 20% of the licensee entity.

  2. Penalties and enforcement

    • Department may assess a civil penalty up to $5,000 per violation if the required ownership/manager information is not provided 30 days after a notice of noncompliance.
    • Penalty may be assessed without prior hearing; proceeds deposit into the department’s general operating fund.
    • Affected parties may request a hearing within 10 days of the order; if the department prevails it may recover hearing/adjudicative costs including reasonable attorney fees.

  3. Amendments to mobile home park licensing and inspection provisions (amends ch. 23‑10 sections)

    • Clarifies license application content (local approval, water supply and metering/fee info, sewerage/garbage methods, and other department requirements).
    • New owner must obtain licensure or transfer within 30 days of sale; department shall transfer a license without charge if timely applied for and certifies continued compliance.
    • Department inspection authority is reiterated and expanded to allow inspections on application, complaint, violation, or routine schedules. License fees may be waived for parks owned by state/municipal/political subdivisions or adjusted when local requirements are accepted; fees deposited to department operating fund (subject to appropriation).

  4. Tenant protections / eviction defense (new section to ch. 47‑32 and amendment to 47‑10‑28)

    • The bill adds mobile home park tenant relations provisions and creates a statutory defense to eviction from a mobile home (text references in engrossed versions; specific eviction‑defense language is included in the enacted/enrolled version but is not reproduced in full in the available excerpts).

Who is affected
- Mobile home park owners and prospective owners (licensing, disclosure, transfer rules); park managers and significant owners (information disclosure); park residents/tenants (tenant relations and eviction defenses); Department of Health and Human Services (enforcement, possible receivership administration); district courts (receivership petitions and oversight); nonprofit organizations (may be designated to execute receivership).

Procedural/other notes
- The bill both creates new authority (state receivership of parks) and tightens administrative requirements for licensing and ownership transparency.
- Some sections in the provided materials are truncated; the enacted/enrolled copy contains tenant‑protection and eviction‑defense language referenced in the bill caption.
- Penalty amounts and timeframes: >20% ownership threshold; $5,000 maximum civil penalty per violation; 30‑day cure period after notice of noncompliance; 10‑day window to request administrative hearing.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.