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 125.06 - Sale of manufactured home; transfer of tenancy
Universal Citation: WI Admin Code ยง ATCP 125.06
Current through August 26, 2024
(1) No operator may:
(a) Require any tenant to designate the
operator, or any person named by the operator, as agent for the sale of a
tenant's manufactured home, or unreasonably restrict the sale of a tenant's
manufactured home by the tenant or an agent of the tenant's own choosing.
Note: Sections 710.15(3) and (4), Stats., provide that:
"(3) PROHIBITED CONSIDERATION OF AGE OF
MOBILE HOME OR MANUFACTURED HOME.
(a) An
operator may not deny a resident the opportunity to enter into or renew, and
may not include, exclude or alter any terms of, a lease to continue to locate a
mobile home or manufactured home in the community solely or in any part on the
basis of the age of the mobile home or manufactured home.
(b) An operator may not require the removal
of a mobile home or manufactured home from a community solely or in any part of
the basis of the age of the mobile home or manufactured home, regardless of
whether the ownership or occupancy of the mobile home or manufactured home has
changed or will change."
"(4) PROHIBITED CONSIDERATION OF CHANGE IN
OWNERSHIP OR OCCUPANCY OF MOBILE HOME OR MANUFACTURED HOME. An operator may not
require the removal of a mobile home or manufactured home from a community
solely or in any part because the ownership or occupancy of the mobile home or
manufactured home has changed or will change. An operator may refuse to enter
into an initial lease with a prospective resident or occupant for any other
lawful reason."
(b)
Solicit or receive any payment or other thing of value as a condition to the
assignment or sublease of a rental agreement by a tenant, or as a condition to
the transfer of tenancy to a buyer of the tenant's manufactured home.
(c) Sell, for placement in a manufactured
home community owned or operated by the operator, any manufactured home
purchased from a tenant who was prohibited from selling the home directly for
placement in the manufactured home community.
(d) Refuse to rent a site to the purchaser of
a tenant's manufactured home except for reason specified under s.
710.15(5m),
Stats. This does not prohibit the screening of prospective tenants by an
operator.
(e) Limit a tenant's
ability to post, on the tenant's manufactured home or on the site on which the
mobile home is located, a "For Sale" sign or other advertisement announcing the
tenant's offer to sell the tenant's manufactured home if the limitation is not
applied uniformly to every person, including the operator and any manufactured
home dealer, who sells or offers to sell a manufactured home on site in the
manufactured home community.
(2) This section does not create or extend any interest in real estate, or prohibit the lawful screening of new tenants 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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