Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices
Section ATCP 125.04 - Rental agreement; limitations
Universal Citation: WI Admin Code ยง ATCP 125.04
Current through August 26, 2024
(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.
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.
(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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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