DELAWARE HOME RELOCATION AUTHORITY TRUST FUND

201 Delaware Manufactured Home Relocation Trust Fund Regulations

Statutory Authority: 25 Delaware Code, Section 7012 (25 Del.C. §7012)

FINAL

ORDER

AND NOW, this 9th day of March, 2005, the Delaware Manufactured Home Relocation Authority (the “Authority”), issues the following Order which shall be effective ten (10) days after the publication of this Order in the Delaware Registrar of Regulations:

1. Pursuant to its statutory authority, the Authority has proposed for adoption a comprehensive set of regulations (the "Proposed Regulations") to be used in the administration of the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”). William A. Denman (the "Hearing Examiner") was designated as the Hearing Examiner to conduct a public hearing for the purpose of receiving comments from the public on the Proposed Regulations.

2. The public hearing was held on Tuesday, November 30, 2004. A copy of the Proposed Regulations and notice of the public comment session was published in the Delaware Registrar on November 1, 2004, and notice of the hearing was published in both the Delaware State News and the News Journal on October 29, 2004.

3. The public hearing was presided over by the Hearing Examiner. On January 3, 2005, the Hearing Examiner submitted his Findings and Recommendations, a copy of which is attached hereto as Exhibit A.

4. The Authority considered the Proposed Regulations and the Findings and Recommendations of the Hearing Examiner at its regularly scheduled Board meetings held on January 19, 2005 and February 8, 2005. At its February 8, 2005 Board meeting, the Authority adopted a resolution pursuant to which the Authority accepted the Findings and Recommendations of the Hearing Examiner.

5. A summary of the evidence and public comments submitted on the Proposed Regulations is set forth in the Findings and Recommendations of the Hearing Examiner attached hereto as Exhibit A.

6. For the reasons set forth herein and in the Findings and Recommendations of the Hearing Examiner, the Authority, by this Order, adopts as final regulations the Regulations attached to this Order as Exhibit B.

7. At the public hearing, most of the comments focused on the maximum tenant relocation expense reimbursement rates set forth in the Proposed Regulations. The Proposed Regulations provide for a maximum relocation benefit of $4,000 for a singlewide manufactured home and a maximum relocation benefit of $8,000 for a doublewide manufactured home.

8. The Delaware statute that created the Authority requires the Authority to set “maximum relocation payments” payable to tenants who are required to relocate their manufactured homes due to a change in use initiated by the owner of the manufactured home community. Pursuant to 25 Del.C. §7013(a), the Authority is authorized to reimburse tenants for relocation expenses in an amount equal to the lesser of: (1) the actual reasonable expenses of moving the manufactured home and existing appurtenances to a new location within a 25 mile radius of the vacated manufactured home community, or (2) the maximum relocation payment established by the Authority’s Board of Directors. The Delaware Legislature contemplated the possibility that it may not be economically or fiscally responsible for the Authority to reimburse dislocated tenants for 100% of the actual expenses of moving the tenant’s manufactured home.

9. Since its formation, the Authority has reviewed and approved several applications for relocation benefits by dislocated tenants. The actual cost of moving a manufactured home will depend upon numerous factors, including the size of the home, the type of amenities added by the tenant, and the distance of the move. The Authority has reviewed applications relating to manufactured homes that contain additions such as decks, fences and sheds. These additions have a major impact upon the cost of relocating the home. While the Authority might prefer in all cases to reimburse dislocated tenants for all reasonable expense incurred by the tenant in relocating the tenant’s manufactured home, the Authority recognizes its responsibility to administer the Trust Fund in a fiscally responsible manner so that all applicants that come before the Authority, both now and in the future, will be treated fairly. If the maximum relocation payment is set too high, in the future the Trust Fund may not have adequate funds in place to provide any benefits to future tenants.

10. The Authority believes that the maximum relocation benefits set forth in the Proposed Regulations are reasonable. The applications for benefits that have been submitted to the Authority to date confirm that these maximum amounts are reasonable at this time. As noted in the Hearing Examiner’s report, the Authority has reviewed and approved tenant applications for expense reimbursement for relocating singlewide homes where the actual expenses of relocation totaled approximately $4,000. The Authority has also reviewed and approved applications relating to the relocation multi-section homes where the actual expenses were less than $8,000. The Authority recognizes that there will be circumstances, as there have been, where the actual expenses of relocating a manufactured home will exceed the maximum amounts set by this Authority. Indeed, such a scenario was contemplated by the drafters of the statute that created the Trust Fund. Nevertheless, for the reasons set forth herein and in the Hearing Examiner’s report, the Authority reaffirms its decision to set the maximum rate at $4,000 for singlewide homes and $8,000 for doublewide homes.

11. As the Trust Fund grows, and the Authority accumulates claims experience, the Authority has the power to adjust the maximum relocation benefits as well as the monthly assessment collected by the Authority from landlords and tenants. In the meantime, the maximum limits set forth herein provide a reasonable starting point.

12. Several comments were received relating to various other matters relating to the Proposed Regulations. The Authority has considered these comments, and for the reasons set forth in the Findings and Recommendations of the Hearing Examiner, the Authority believes that all such comments have been adequately addressed by the recommended changes set forth in the Hearing Examiner's Findings and Recommendations.

NOW THEREFORE, for the reasons set forth above and in the Findings and Recommendations of the Hearing Examiner, IT IS ORDERED:

1. That the "Delaware Manufactured Home Relocation Trust Fund Regulations" (the "Regulations") attached hereto as Exhibit B are adopted pursuant to 25 Del.C. §7011, et. seq. The Regulations adopted herein shall become effective ten (10) days after their publication in the Delaware Registrar of Regulations.

2. That pursuant to 29 Del.C. §1134, the Authority shall transmit a copy of this Order and the Regulations to the Delaware Registrar of Regulations for publication in the next issue of the Delaware Registrar of Regulations.

3. That a copy of this Order and the Regulations shall be mailed to each entity or persons that previously filed comments to the Proposed Regulations and to each person who has made a timely request for advance notice of the Authority’s regulation making proceedings.

4. That the Authority reserves the right to hereafter alter, amend, or waive the Regulations adopted herein to the extent that the same may be allowed by law.

5. That the Authority reserves the jurisdiction and power to enter such further orders in this matter as may be deemed necessary or proper.

BY ORDER OF THE AUTHORITY:

Stevan D. Class, Chairperson

Terri Rock, Vice Chairperson

Jerome S. Heisler, Jr. Board Member

Caron Thompson, Board Member

Ken Fuchs, Board Member

Susan Hehman, Board Member

William Reed, Board Member

Raymond L. Paylor, Board Member

Edwin Speraw, Board Member

Findings and Recommendations of Hearing Examiner

Dated: January 3, 2005

Pursuant to its statutory authority, the Delaware Manufactured Home Relocation Authority (the “Authority”) has proposed for adoption a comprehensive set of regulations to be used in the administration of the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”). The Trust Fund was established pursuant to 25 Del.C. §7012. The proposed regulations adopted by the Authority would, among other things: (a) establish criteria for tenant benefits, including the maximum relocation benefit available to a tenant for a single section home and a multi-section home; (b) criteria for landlord benefits, including the maximum relocation benefit for manufactured homes that have been abandoned or determined to be non-relocatable; (c) application procedures to be followed by applicants for benefits; and (d) application review procedures.

As required by law, a public hearing was held on Tuesday, November 30, 2004, beginning at 3:30 p.m. in the Richardson Conference Room located at the Offices of the Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901. A copy of the Proposed Regulations and notice of the hearing was published in the Delaware Registrar on November 1, 2004. Notice of the Hearing was also published in both the Delaware State News and the News Journal on October 29, 2004.

The Hearing

The hearing started at approximately 3:30 p.m. on November 30, 2004. As the Hearing Examiner designated by the Authority for purposes of scheduling the hearing, receiving comments from the public, summarizing the evidence, and making recommendations to the Authority, I presided over the hearing.

The Hearing was well attended, with in excess of 30 persons attending the hearing. Prior to entertaining comments from the public, the Notice of the Hearing and the Proposed Regulations that were previously published in the Delaware Registrar on November 1, 2004 were marked as Exhibit 1. The Affidavits of Publication, documenting the publication of Notice of the Hearing in the News Journal and Delaware State News on October 29, 2004, were marked as Exhibit 2, and the attendance sign in sheet has been marked as Exhibit 4.

Fifteen members of the public appeared at the hearing and presented comments on the Proposed Regulations. In addition, the following written comments were submitted either at the hearing or subsequent to the hearing:

(1) Presentation of Marion F. Fetterman, Vice President of the Reybold Group (Exhibit 3);

(2) December 6, 2004 letter from Jerome S. Heisler, Jr., Managing Member of the Reybold Group (Exhibit 5);

(3) December 7, 2004 letter from John W. Banks (Exhibit 6);

(4) December 7, 2004 emails from Barbara Lifflander (Exhibit 7);

(5) December 5, 2004 letter from Danny J. Skeans (Exhibit 8);

(6) December 1, 2004 email from R. G. Giesweidt (Exhibit 9);

The following Board Members were present: Stevan Glass, Chairperson of the Authority, Terri Rock, Vice Chairperson of the Authority, Caron Thompson, Susan Hehman, Ed Speraw, Ken Fuchs, and William Reed. Ruth Briggs King, Executive Director of the First State Manufactured Housing Association, attended on behalf of the Association.

After the hearing, a verbatim transcript of the hearing, consisting of 61 pages, was prepared. The record in this matter consists of the transcript of the hearing, and Exhibits 1 through 9.

Summary of Oral Comments Submitted at the Hearing

As noted above, fifteen members of the public spoke during the hearing. A brief summary of the comments relating to the proposed regulations is set forth below. I would note however that as one would expect in such proceedings, comments and issues were discussed that did not necessarily relate to the proposed regulations. The summary set forth below does not attempt to address comments having no bearing on the proposed regulations.

1. John W. Banks

Mr. Banks expressed his belief that the proposed maximum relocation benefits available for tenants for a singlewide and doublewide home ($4,000 and $8,000 respectively) was “a little bit low.” He noted that some old homes have been “built on” and for a mover to take those out and try to move them and retain the usability of them would be rather expensive. (TR-8)

2. Barbara Lifflander

Ms. Lifflander, a resident of Pot Nets Bayside, expressed her belief that the $4,000/ $8,000 maximum relocation benefits available to tenants were “entirely unrealistic.” (TR-11)

3. Bobbie Hemmerich

Ms. Hemmerich, a resident of Pine Woods Circle in Lewes, Delaware, commented that she owns an older singlewide manufactured home that has a “tip out” that has been added. Her manufactured home has a porch and a deck and she commented that all of these additions would make it impossible to move. Ms. Hemmerick also expressed concern about her ability to find a location within 25 miles of her current residence to relocate her manufactured home, if necessary. (TR-15-16)

4. Arthur Norton

Mr. Norton stated that he had difficulty in locating the address of the Authority and that his landlord had not been collecting the assessment. (TR-20-21)

5. Andy Strine

Mr. Strine stated that he owns a number of manufactured home communities in Kent County, Delaware and that his company has facilitated the move of several individuals out of Victorian Village. Based on those moves, he observed that his company was able to develop a “rough idea” of the cost that it takes to move a manufactured home. His estimate of the cost to move a 14 x 76 single section home was approximately $3,000. His estimate of the cost of moving a 28 x 76 foot home was $7,000. Mr. Strine noted that there will be instances where the owners of manufactured homes have built on additions and porches that will make it difficult to move the homes. (TR-27)

Mr. Strine was part of the group that helped draft the legislation that set up the Authority. Mr. Strine commented that before the adoption of the statute, the landlord could give the tenant six months notice to move and there was no compensation payable to the tenant to assist the tenant with the expense of moving. (TR-28) Mr. Strine commented that the benefits available under the statute only apply where there has been a change of use, and the benefits are not and should not be available to a tenant who is being evicted. (TR-28)

Mr. Strine stated that in enacting the legislation the drafters were looking at the legislation as a “safety net” for the people that "really needed it the most". The group was looking at people who could not afford to relocate their house if their house was not relocatable. According to Mr. Strine, the fund would give these people some funds to go out and purchase another house in another community, or give them the security deposit to move into an apartment. (TR-29) He recommended that the Authority not do anything that would end up bankrupting the fund. Mr. Strine expressed his belief that the $4,000/$8,000 maximum relocation benefit available for tenants was “not that far off target.” (TR-29)

6. James Skeans

Mr. Skeans resides in Dover, Delaware. Regarding the comments of Mr. Strine, Mr. Skeans expressed his belief that “they may be subsidizing the price a little bit, to get someone else in their park.” This latter suggestion was denied by Mr. Strine. (TR-30) Mr. Skeans expressed concern about the difficulty his mother, Geraldine Skeans, was having relocating her manufactured home. He urged people to contact their representative to push for changes in the legislation. He suggested that members of the legislature are starting to understand that the $4,000/$8,000 is not enough. (TR-31-32)

7 Danny J. Skeans

Mr. Skeans presented comments on behalf of his mother, Geraldine Skeans, who is a resident of Victorian Village. He expressed concern that his mother was sending her share of the $3.00 assessment to her landlord, but had no way of knowing if the landlord had in fact been sending the money directly to the Authority. He also expressed concern that the Authority had no “police action” to know how much money the Authority should be receiving each month.

Mr. Skeans did not believe that the $4,000/$8,000 maximum relocation benefit available to tenants was adequate. He presented several estimates for relocating his mother’s multi-section home. The estimates presented were as follows:

(a) Messick Mobile Home - $14,690

(b) Iplenski Mobile Home - $11,136

(c) Marshall & Bailey Contracting - $14,900 (exclusive of electric hookups)

(d) Ronald Graham - $7,900 (exclusive of any utilities, plumbing or air conditioning) Mr. Skeans commented that it could cost $3,000 just to get the electric hooked back up. (TR-34)

Mr. Skeans also expressed concern about the difficulty his mother was having finding another location. His mother has a pet that requires a fenced in yard, and according to Mr. Skeans, most manufactured home communities will not allow the tenant to erect a fence. (TR-35) He also expressed his concern that he did not want the Trust Fund to be bankrupt, but he also did not want his mother to be bankrupt. (TR-37)

8. Alma Bringhurst

Ms. Bringhurst resides at the Sweet Briar Mobile Home Park. She did not believe that the $4,000/$8,000 maximum relocation benefit for tenants was sufficient. (TR-39) She also commented that none of the parks in the Sussex County area are now taking singlewides, which would make her manufactured home unrelocatable. (TR-39) She also expressed concern that tenant assessments that were collected prior to the effective date of the assessment have not been properly refunded to the tenants by the community owners.

9. Charles Kolodjdski

Mr. Kolodjdski resides at High Point Park. Mr. Kolodjdski also expressed his concern that the maximum tenant relocation benefits were “a little on the low side.” He commented that approximately 7 years ago he purchased his doublewide and the cost of setting up his home, including plumbing, electric, air conditioning, and footings, was in excess of $4,000. (TR-42) He referred to a tenant in Victorian Village who has to relocate her home, and the cheapest quote she has been given to move the home was $12,000. (TR-44)

10. John W. Paradee, Esquire

Mr. Paradee pointed out a typographical error in Section 1.2.2 of the Proposed Regulations. He suggested deleting the semicolon and the “C” in the parentheses located in Section 1.2.2.

Mr. Paradee noted that proposed Section 1.2.1 identifies certain situations where a tenant would not be entitled to relocation benefits. The Proposed Regulations provide that where the landlord at the landlord’s expense moves a tenant’s manufactured home by “mutual consent” to another lot in the manufactured home community, or to another manufactured home community, the tenant would not be entitled to any benefits. Mr. Paradee recommended eliminating the “mutual consent” requirement. Mr. Paradee suggested that if a landlord moved a manufactured home without the tenant’s consent, under the regulations, the tenant might qualify for relocation benefits. Mr. Paradee commented that the home could only lawfully be moved without the tenant’s consent if the tenant had been lawfully evicted or the home is abandoned by the tenant. (TR-47) Mr. Paradee commented that rather than create a question or an issue about whether or not the tenant qualifies for relocation benefits based on who consented to the move, the Authority should strike the phrase “by mutual consent” from the regulations. If the landlord pays for the relocation, the tenant should not be entitled to any benefits, whether the tenant consented to the move or not. (TR-48)

Mr. Maly stated that the amount that a tenant should be reimbursed toward the cost of relocating his home should be in the “$10,000-$15,000 area for a doublewide at the current market.” (TR-48) He also suggested that whatever number is set that the rate should be keyed to a rate or index such as the prime rate so that as the economy changes and the costs change, it would not be necessary to keep revising the law. (TR-49) He also expressed concern over the provision in the statute that would allow the landlord to receive benefits. (TR-49)

11. Richard Maly

12. Ruth Briggs King

Ms. King addressed comments by other speakers who had expressed concern that the Authority had not been receiving funds from one or more manufactured home communities. She indicated that some of the communities mentioned during the hearing have been contributing to the fund. (TR-50) She also commented that there are some tenants in some areas who are not contributing to the fund.

13. Ron R. Bachand

Mr. Bachand discussed some of the difficulties involved in relocating a manufactured home. He noted that it can take several days to move a home, leaving the tenant without a place to live. (TR-52-53) He also expressed concern that tenants would have difficulty in finding a place for their pet to stay while the home is being moved. He noted that there are costs associated with properly reinstalling carpet in a manufactured home. (TR-54)

14. John Walsh

Mr. Walsh stated that the Authority needs to consider the expenses people have to pay to live somewhere else during the time it takes to relocate a home, as well as the cost associated with moving some of the outbuildings located on the property. Mr. Walsh expressed concern about the maximum benefit for homes that are deemed to be non-relocatable. He noted that there are manufactured homes in communities in the State of Delaware that have a value in excess of $100,000.

15. Gina Miserendine

Ms. Miserendine represented the Delaware Housing Coalition. She indicated that her group was working to help tenants establish cooperatives and establishing “resident owned communities.” She suggested that the Authority consider using relocation fees to enable displaced tenants to purchase an ownership interest in a community. (TR-58-59)

Summary of Written Comments Submitted at the Hearing

1. Marion F. Fetterman (Exhibit 3)

Marion F. Fetterman, Vice President of the Reybold Group, submitted written comments (Exhibit 3) with projected estimates for breakdown, transport, and reset of a single-section and multi-section home. The projected costs of moving a singlewide home a distance of 25 miles or less into a Reybold community is $3,090, exclusive of any cost to reinstall skirting or footers. The estimated labor cost to reinstall skirting is approximately $250. The cost of installing new skirting is estimated to be $850. If footers are required, the estimated cost is $1,500. For a multi-section home, the estimated cost is $6,620, exclusive of skirting installation and footers. The costs (exclusive of skirting and footers) for moving a manufactured home into a Reybold community a distance of 25-50 miles are estimated to be $3,200 and $6,840 respectively. (Ex. 3)

2. John W. Banks – December 7, 2004 Letter (Exhibit 6)

Mr. Banks recommended retaining the “mutual consent” requirement in Section 1.2.1. Otherwise, according to Mr. Banks, the park owner “could put a home in a bad location.” Because in his view many homes are only worth “$0”, Section 1.7.3 would result in the homeowner receiving no money. He did not agree with this. Mr. Banks noted that in his opinion Section 1.8 could cost $300-$500 and the home could be worth nothing because of age or condition, so the tenant would be "out 300-500 dollars". Mr. Banks also expressed his opinion that manufactured home communities will no longer accept singlewide homes, and that many of the homes in parks are singlewides. (Ex. 6)

3. Barbara Lifflander (Exhibit 7)

As noted, Ms. Lifflander submitted written comments in the form of an email. She commented that the Authority has “no policing power” at its disposal.

She also commented that the regulations are “too loosely constructed, ambiguous in some places, with loopholes which favor landlords, i.e., the $4,000-$8,000 sum.” She expressed concern that there was not enough input from the most severely impacted class of people and that public comment sessions should be held in local communities or their churches.

She expressed concern that the regulations cover “disparate land rent communities” ranging from trailer parks with one set of problems to six figure parks which offer attractive amenities and charge “exorbitant land rents.” According to Ms. Lifflander, they are not comparable and this is a recurring theme in the regs and therefore it is unfair and "illegal".

She expressed concern that the section on homes which are unrelocatable is most problematic and needs work and clarification to avoid future dispute and hardship.

With respect to the provision of the regulations requiring the tenant to obtain at the tenant’s expense an appraisal prepared by a certified manufactured home appraiser, she expressed her belief that there are no experts in this area of housing. She noted that the Authority is supposed to have a list of said experts, and expressed a desire to review this list.

4. Danny Skeans – December 5, 2004 (Exhibit 8)

Mr. Skeans expressed concern about the possibility that a tenant may pay his or her share to the landlord and if the landlord does not remit the funds to the Authority this could impact the tenant’s ability to obtain benefits. He claimed that the Regulations do not address the landlord’s responsibility to also pay his or her share of the assessment. In his written comments, he reiterated his belief that the $4,000/$8,000 maximum benefit was not sufficient. He submitted proposed estimates to move his mother's home ranging from a low of $7,900 (exclusive of utility disconnections or reconnections) to a high of $14,900 (exclusive of utility disconnections or reconnections).

5. Jerome S. Heisler – December 6, 2004 Submittal (Exhibit 5)

Mr. Heisler provided an analysis based on certain assumptions showing the relationship between relocation caps, dwelling unit buyout caps, and funds available based on various per unit assessments. The purpose of his analysis was to attempt to demonstrate several matters that the Authority has to take into consideration under the relocation and buyout cap discussions. According to Mr. Heisler, the cap for buyouts depends on the relocation reimbursement rate and the amount collected by the Authority. Additionally, according to Mr. Heisler, if more than 120 units are retired in a year the fund may be insolvent. Furthermore, Mr. Heisler opined that the $3.00 monthly assessment is not sufficient if something unexpected is drawn from the fund. In conclusion, Mr. Heisler states that his study is “only instructive in a sense that” the Authority’s funds are limited.

6. R. G. Geisweidt-December 1, 2004 Email (Exhibit 9)

R. G. Geisweidt submitted an email commenting that the regulations should provide for compensation for damage to a home while the home is being relocated, such as damage to water pipes.

Recommendations

Section 1.2.2

With respect to Mr. Paradee’s recommendation regarding the typographical error in Section 1.2.2, I recommend that Section 1.2.2 of the Proposed Regulations be modified by deleting the phrase “or (c) the tenant abandons the manufactured home;” and re-designating the deleted language as Section 1.2.3. I further recommend that the existing Section 1.2.3 be re-designated as “1.2.4.” The provisions in the Regulations that identify the situations under which a tenant is not entitled to compensation are statutory provisions required by 25 Del.C. §7013(b). Section 1.2.1

Mr. Paradee recommends deleting the phrase “mutual consent” from Proposed Regulation 1.2.1. I recommend rejecting this recommendation. The language set forth in the Proposed Regulations is, for the most part, a verbatim statement of what is specifically set forth in 25 Del.C. §7013(b)(1). Mr. Paradee expressed concern that by not deleting the term “mutual consent”, a tenant might be entitled to reimbursement for relocation expenses for homes moved by the landlord without the "consent of the tenant". The Regulations and the statute make it clear that if a tenant abandons the manufactured home, the tenant would not be entitled to any relocation expense reimbursement benefits. If a tenant elects to abandon a home, the statute and the regulations do however provide for some compensation to the tenant to compensate the tenant for the loss of the home. If the landlord moves the tenant’s manufactured home without the tenant’s consent as a result of eviction proceedings, the tenant would not be entitled to any relocation benefits since the tenant would not have incurred any such expenses. I am convinced that the intent of the statute is to reimburse the tenant, subject to the condition of reasonableness and any maximum limit established by the Authority, to expenses actually incurred by the tenant in relocating the tenant’s manufactured home.

Lodging Expenses

Mr. Bachand suggested that lodging expenses should be recoverable. I recommend that no changes be made in the Proposed Regulations to provide for the reimbursement of lodging expenses. The expenses that are eligible for reimbursement are set forth in 25 Del.C. §7013(a). Subject to the maximum benefit determined by the Authority, a tenant is only entitled to be reimbursed for actual reasonable expenses of moving the manufactured home and existing appurtenances to a new location within a 25 mile radius of the vacated manufactured home community. Because lodging expenses are not an actual expense of “moving” the manufactured home, it is my opinion that there is no statutory basis for the Authority to reimburse these expenses.

Manufactured Home Cooperatives

Ms. Miserendine suggested that the Authority consider using relocation expense payments to enable displaced tenants to apply the relocation fee toward the purchase price of an interest in a “resident owned community”. I recommend rejecting this proposal because there is no statutory basis for reimbursing a tenant for any cost associated with acquiring an interest in a “resident owned community” or any other real estate. Subject to any maximum limits set by the Authority, the intent of the statute is to provide for reimbursement of actual and reasonable relocation expenses incurred by a tenant or to compensate the tenant for the value of a manufactured home that is determined to be non-relocatable or is abandoned. If a manufactured home is determined to be non-relocatable or is abandoned by the tenant, the tenant is free to use any benefit payment made to compensate the tenant for the loss of the home in whatever way the tenant deems appropriate.

Barbara Lifflander’s Comments

Ms. Lifflander submitted written comments to the Proposed Regulations (Exhibit 7). While certainly made in good faith, the bulk of Ms. Lifflander’s comments with respect to the Regulations consist of general observations and do not contain any specific recommendation for changes. However, Ms. Lifflander's concern about the availability in Delaware of a “certified manufactured home appraiser” is one that needs to be addressed by the Authority. However, I do not recommend any change to the Proposed Regulations, because the Delaware statute specifically requires that the fair market value of a home be based upon a “board-approved, certified manufactured home appraiser.” See 25 Del.C. §7013(c)(2). Ms. Lifflander’s other written comments (the Authority has “no policing power”, the Regulations are “too loosely constructed, ambiguous in some places, with loopholes which favor landlords”) do not in my opinion warrant any changes to the Proposed Regulations at this time.

Maximum Tenant Relocation Expense Reimbursement Rates

The Delaware statute requires the Authority to set “maximum relocation payments.” Indeed, 25 Del.C. §7013(a) authorizes the payment of a relocation reimbursement to a tenant in an amount equal to the lesser of: (1) the actual reasonable expenses of moving the manufactured home and existing appurtenances to a new location within a 25-mile radius of the vacated manufactured home community including, but not limited to, the cost of taking down, moving, and setting up the home in a new location; or (2) the maximum relocation payment which must be established by the Authority’s Board of Directors. Clearly, the Delaware legislature contemplated the possibility that it may not be economically or fiscally responsible for the Authority to reimburse dislocated tenants for 100% of the actual reasonable expenses of moving the tenant’s manufactured home. The actual cost of moving a manufactured home will depend upon numerous factors, including the size of the home, the type of amenities added by the tenant, and the distance of the move. There are manufactured homes with additions such as decks, fences, and sheds. Some contain drywall typical of stick built houses. In an ideal world I am certain that the Authority would want to reimburse dislocated tenants for each and every reasonable expense incurred by the tenant in relocating the tenant’s manufactured home. However, the Authority must administer the Trust Fund in a fiscally responsible fashion so that all applicants that come before the Authority, both now and in the future, will be treated fairly. If the Trust Fund is not managed properly, the Trust Fund could become insolvent to the detriment of future applicants. Accordingly, in setting a maximum relocation payment amount, in my view the Authority needs to balance a tenant's desire to receive maximum compensation for the tenant’s out of pocket costs with the need to maintain the financial stability of the Trust Fund. If the maximum payment is set too high, the Authority's ability to provide benefits to future applicants would be jeopardized.

The Proposed Regulations would provide for a $4,000.00 maximum relocation payment for a singlewide home and an $8,000.00 maximum relocation payment for a doublewide home. For the reasons set forth below, I recommend that the Authority reaffirm its prior decision and retain the $4,000.00/$8,000.00 maximum relocation benefits set forth in the Regulations.

The bulk of the discussion at the public comment session of course focused on this issue. Several commenters expressed concern that the maximum relocation benefits were too low. A representative of the manufactured home community owners in Delaware suggested that the proposed maximum benefit amounts were “not that far off target” based upon personal experience. Danny Skeans, commenting on behalf of his mother, presented estimates for relocating his mother’s multi-section home that ranged from a low of $7,900 (exclusive of utility relocation costs) to a high of $14,690. With respect to Ms. Skeans’ home, it is clear that Ms. Skeans and her son, Danny Skeans, have made reasonable efforts to obtain competitive bids in an effort to minimize the actual cost of relocating the home. It should be noted that Ms. Skeans’ home, perhaps like many manufactured homes, has several built on items that were not originally a part of the manufactured home, such as a deck and a fence. Ms. Skeans’ manufactured home, also contains drywall which creates problems with respect to physically transporting the manufactured home from one location to another. Setting the maximum relocation benefit at $4,000/$8,000 will at times result in an applicant being reimbursed for less than the actual expense incurred in relocating the home. However, the Authority has received several applications for relocation benefits. Two applications for the relocation of a singlewide home sought reimbursement for actual expenses of $4,018 and $4,070 respectively. Three applications for the relocation of multi-section homes requested reimbursement for actual expenses of $7,552, $8,125, and $11,136 respectively. It is true, as in the case of Ms. Skeans and others, that the cost of moving a doublewide home in some cases will exceed $8,000. Nevertheless, while the amount of claims data available at this time is not substantial, the data does suggest that setting a maximum benefit at $4,000 for singlewides and $8,000 for doublewides is not unreasonable. Based upon the public comments and the Authority’s existing claims experience, it is my belief that the $4,000/$8,000 maximum benefit amount represents a reasonable amount at this time.

The Authority will soon face the difficult task of setting the maximum payment that will be available to a tenant whose manufactured home is determined to be non-relocatable. The value of a manufactured home can be substantial, and some have suggested that there are homes with values in excess of $100,000. The Authority will have to balance the interests of those displaced homeowners whose homes are relocatable with the interest of those whose homes are not. The maximum payment for relocation expenses, as set by the Authority, will have a substantial impact on the projected funds that will otherwise be available to reimburse manufactured homeowners whose homes are determined to be non-relocatable. Hopefully, most of the homes that need to be moved due to a change in use will be "re-locatable". Setting the maximum amount for relocation expenses will assist the Authority in determining what maximum payment to set for those homes that are determined to be non-relocatable. The $4,000.00/$8,000.00 maximum is in my opinion a reasonable place to start. As the fund grows, and the Authority accumulates more claims experience, the Authority can adjust this amount and perhaps increase the monthly assessment if it deems appropriate.

Finally, one commentator suggested that the regulations provide for periodic increases in the maximum payment based upon changes in the "prime rate" or cost of living. I do not recommend doing so at this time. The Authority is empowered to exercise its judgment in setting the maximum benefits. This decision should not, in my view, be based on a formula tied to some index.

Conclusion

For the reasons set forth above, I recommend to the Authority that: (1) the $4,000/$8,000 maximum benefit for tenant relocation expenses, as set forth in the Proposed Regulations, be retained, (2) that Section 1.2.2 of the Proposed Regulations be modified by deleting the phrase “or (c) the tenant abandons the manufactured home;” and re-designating the deleted language as Section 1.2.3, and (3) that the existing Section 1.2.3 be re-designated as “1.2.4.”

As noted above, several comments were made that did not specifically relate to the regulations. I have not attempted to address these comments in this report. A copy of the transcript of the hearing and each written submittal have however been provided to the Board.

Respectfully submitted,

WILLIAM A. DENMAN

Hearing Examiner

Parkowski, Guerke & Swayze, P.A.

116 W. Water St.

PO Box 598

Dover, DE 19903

201 Delaware Manufactured Home Relocation Trust Fund Regulations

The Authority is granted authority to establish rules and regulations and establish criteria for the disbursement of benefits available to landlords and tenants under the provisions of 25 Del.C. §7011, et. seq. (the "Act"). The regulations set forth below establish criteria for benefits eligibility, pursuant to the statute, application procedures, application review procedures, and payment procedures.

1.0 Criteria for Tenant Benefits

1.1 Only “Tenants”, as defined under the Act, are entitled to benefits under the Act. A Tenant is defined to mean an owner of a manufactured home who has tenancy of a lot in a manufactured home community. A manufactured home community refers to a parcel of land where two or more lots are rented or offered for rent for the placement of manufactured homes. Notwithstanding anything stated herein to the contrary, a Tenant shall not be entitled to any of the benefits described herein unless all of the statutory requirements set forth in the Act have been met.

1.2 A Tenant is entitled to relocation benefits under the Act if the Tenant is required to move due to a change in use or conversion of the land in a manufactured home community. A Tenant is not entitled for compensation for relocation if:

1.2.1 the Landlord (at the Landlord’s expense) moves the Tenant’s manufactured home by mutual consent to another lot in the manufactured home community or to another manufactured home community; or

1.2.2 the Tenant is vacating the manufactured home community and so informed the Landlord before notice of the change in use was given by the Landlord; [or (c)

1.2.3] the Tenant abandons the manufactured home; or

1.2.3[1.2.4] the Tenant has failed to pay the Tenant’s share of the Relocation Trust Fund assessment during the course of his or her tenancy.

1.3 The maximum relocation payment available to a Tenant is $4,000.00 for a single section home or $8,000.00 for a multi-section home.

1.4 If a Tenant is required to move due to a change in use and complies with the statutory requirements of 25 Del.C. §7013, the Tenant is entitled to payment from the Relocation Trust Fund of the lesser of:

1.4.1 the actual relocation expenses of moving the manufactured home and existing appurtenances to a new location within a 25 mile radius of the vacated manufactured home community, or

1.4.2 the maximum benefits available under Section 1.3.

1.5 Moving expenses which are eligible for reimbursement include the cost of taking down, moving and setting up the manufactured home in the new location.

1.6 In certain circumstances, a manufactured home may be considered non-relocatable. If, based upon the criteria described herein, a Tenant’s manufactured home is determined by the Authority to be non-relocatable, the Tenant may qualify for compensation to reimburse the Tenant for the value of the non-relocatable home subject to the limitations set forth in the Act.

1.7. Whether or not a home can or cannot be relocated will be determined by the Authority based upon the following criteria:

1.7.1 the availability of a replacement home site within a 25 mile radius of the vacated manufactured home community;

1.7.2 the feasibility of physical relocation, including the ability of taking down, moving and setting up the home in a new location without causing significant structural damage to the manufactured home in the process;

1.7.3 the appraised value of the manufactured home in comparison to the projected cost of relocating the manufactured home to a new location.

1.8 If the Authority determines that the Tenant’s manufactured home cannot be relocated, the Tenant shall obtain, at the Tenant’s expense, an appraisal prepared by a certified manufactured home appraiser for purposes of determining the fair market value of the home and any existing appurtenances. The appraisal shall exclude the value of the underlying land. The maximum benefits available to the Tenant under such circumstances shall be determined by the Board for a single section home and a multi-section home following the completion of an actuarial study to be performed under the direction of the Authority. Subject to the maximum limits, the amount of compensation that will be paid to the Tenant will be equal to the fair market value of the home based upon the appraisal.

1.9 To be eligible for compensation for a non-relocatable home, in addition to the application provided for in Section 3 hereof, the Tenant must deliver to the Authority a current State of Delaware title to the home, duly endorsed by the owner or owners of record, with valid releases of all liens shown on the title, and a tax release.

1.10 In lieu of the foregoing benefits, a Tenant may elect to abandon the manufactured home in the manufactured home community and collect from the Trust Fund, in lieu of any other benefits available under the Act, the sum of $1,500 for a single section home or $2,500 for a multi-section home. To qualify for this payment, the Tenant must deliver to the Authority a current State of Delaware title to the manufactured home duly endorsed by the owner or owners of record, valid releases of all liens shown on the title, and a tax release.

2.0 Criteria for Landlord Benefits

2.1 If pursuant to the Act and these regulations, a manufactured home is determined to be non-relocatable or a Tenant abandons the home, upon application by the Landlord duly submitted to the Authority, a Landlord of a manufactured home community is entitled to receive from the Relocation Trust Fund payment in an amount determined by the Authority to be sufficient to remove and/or dispose of the manufactured home. The maximum relocation payment available to a Landlord is $4,000.00 for a single section home or $8,000.00 for a multi-section home. To qualify for this benefit, the Landlord must submit an application pursuant to the provisions of Section 3. Notwithstanding anything stated herein to the contrary, a Landlord shall not be entitled to any of the benefits described herein unless all of the statutory requirements set forth in the Act have been met.

2.2 Upon receipt of the title documents from the Tenant for the manufactured home that is considered to be non-relocatable or abandoned pursuant to the Act, the Authority will relinquish the title to the Landlord to facilitate the removal and/or disposal of the home from the manufactured home community. Within ten (10) calendar days after the removal and/or disposal of the manufactured home by the Landlord, the Landlord shall notify the Authority in writing of the amount of funds received by the Landlord, if any, from any subsequent sale or disposal of the manufactured home, and a copy of all documents relating to the removal and/or disposal shall be provided to the Authority, including documents relating to any expenses incurred by the Landlord in removing and/or disposing of the home.

2.3 Within thirty (30) days after receipt of the information and documents required under the Act and these regulations, the Authority shall cause a voucher to be issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the Landlord which amount shall represent the amount determined by the Authority to be sufficient to cover the cost of the removal and/or disposal of the manufactured home, less any profit realized by the Landlord from the removal and/or disposal of the home, subject to the maximum relocation payment set forth in Section 2.1 hereof.

2.4 A Landlord shall not be entitled to any payment from the Trust Fund if the Landlord has failed to pay the Landlord’s share of the total Trust Fund assessment during the course of the tenancies relating to the manufactured home community or if the Landlord has failed to remit the Tenant’s share of said assessment.

3.0 Application Procedures

3.1 The Authority will provide application forms (Appendix A and Appendix B) on which applicants for benefits under the Act may apply for benefits.

3.2 In the case of an application for benefits under the Act by a Tenant, the application shall be in the form of Appendix A and shall contain the following information:

3.2.1 name of the Tenant;

3.2.2 mailing address of the Tenant;

3.2.3 telephone number of the Tenant;

3.2.4 manufactured home community park name and address;

3.2.5 space number for the manufactured home;

3.2.6 a description of the manufactured home, including its size, year, manufacturer, and whether the manufactured home is a single-wide or a double-wide;

3.2.7 a copy of the title or ownership documents relating to the manufactured home;

3.2.8 a copy of the notice of termination or non-renewal of the Tenant’s rental agreement due to a change in use of land;

3.2.9 in the case of an application for relocation assistance, a copy of the contract between the Tenant and a licensed moving or towing contractor for the moving expenses for the home;

3.2.10 in the case of any requests for compensation for a manufactured home considered by the Tenant to be non-relocatable, a description of the facts which the Tenant relies upon in support of the Tenant’s contention that the manufactured home is in fact non-relocatable based upon the criteria provided for in the Act and these regulations, together with any and all documents relating to the purchase of the manufactured home and any improvements made to the manufactured home by the Tenant;

3.2.11 a certification by the Tenant that the Tenant has paid the Tenant’s share of the Trust Fund assessments during the course of the Tenant’s tenancy.

3.3 In the case of an application for benefits under the Act by a Landlord, the application shall be in the form of Appendix B and shall contain the following information:

3.3.1 the name of the Landlord;

3.3.2 the name of the manufactured home community;

3.3.3 the mailing address of the Landlord;

3.3.4 the telephone number of the Landlord and if the Landlord is not an individual, the name of the designated representative of the Landlord;

3.3.5 a description of each manufactured home for which the Landlord is seeking financial assistance;

3.3.6 a copy of the notice of termination or non-renewal of the rental agreement due to a change in use of land;

3.3.7 a contract with a licensed moving or towing contractor for the removal and/or disposal of the manufactured home;

3.3.8 an itemization of all expenses, other than the expenses reflected in the contract between the Landlord and the moving or towing contractor, together with associated documents, which the Landlord anticipates will be incurred in removing and/or disposing of the manufactured home from the manufactured home community;

3.3.9 a certification by the Landlord that the Landlord has paid the Landlord’s share of the total Trust Fund assessment during the course of the tenancies for the manufactured home community and has remitted to the Authority the Tenant’s share collected by the Landlord.

4.0 Assistance and Data Gathering

4.1 When requested, the Authority shall provide assistance to Landlords and Tenants in completing application forms.

4.2. The Authority’s staff may conduct on-site inspections and/or phone interviews with the applicants to acquire data necessary to enable the Authority to carry out its duties under the Act.

5.0 Application Review Procedures

5.1 The Authority has the power to approve applications pursuant to the Act.

5.2 The Authority or the Authority’s staff will review applications and determine whether or not the procedural requirements under the Act and these regulations have been met. The Authority shall not be required to render a decision on any application unless and until the Applicant has submitted a completed application prepared in accordance with the Act and these regulations, and the Authority shall have the right to reject any application that does not comply with the procedural requirements of the Act or these regulations.

5.3 The Board of Directors of the Authority, or a committee of the Board designated to make such decisions (if authorized by the Board of Directors) shall endeavor to render a decision with respect to each application no later than thirty (30) days after receipt by the Authority of a completed application prepared in accordance with the Act and these regulations.

5.4 If the Authority approves an application, benefits available under the Act shall be made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the Applicant. Before any payment will be made by the Authority to the Applicant, the Applicant must provide the Authority with documentary evidence showing that the expenses for which the Applicant seeks reimbursement have been paid by the Applicant. Notwithstanding the foregoing, if an Applicant can demonstrate that due to financial hardship the Applicant cannot make such payments in advance of the payment of any benefit available under the Act, the Authority may issue a two-party check made payable to the Applicant and the contractor. Under such circumstances, the original check will be mailed to the Applicant and a copy will be mailed to the contractor.

5.5 If at the time the application is approved, the Trust Fund does not have sufficient monies to make a payment to an Applicant, the Authority shall issue a written promissory note to the Applicant for funds due and owing. Promissory Notes shall be redeemed in order of issuance of the notes as additional monies come into the Trust Fund.

5.6 If based upon the information submitted in a Tenant's completed application, the Authority determines that the Tenant's manufactured home cannot be relocated based upon the criteria set forth herein, the Tenant shall be directed to obtain, at the Tenant’s expense, an appraisal prepared by a certified manufactured home appraiser, for purposes of determining the fair market value of the home and any existing appurtenances as sited, exclusive of the value of the underlying land. Within thirty (30) days after receipt of the appraisal, the Authority shall advise the Tenant of the benefits that the Authority will pay to the Tenant for the non-relocatable home. Payment shall be made to the Tenant in the manner described herein, within ten (10) days after the Tenant provides the Authority with all the documents required, including the current title to the home. Upon receipt of the title, the Authority will relinquish the title to the Landlord to facilitate the removal and/or disposal of the home from the manufactured home community.

5.7 With respect to applications submitted by the Landlord for costs associated with the removal and/or disposal of non-relocatable or abandoned manufactured homes, within thirty (30) days after the receipt of the completed application and all necessary documents and information, including the documents described in Section 5.4 hereof, the Authority shall determine the cost of removing and/or disposing of the manufactured home and shall (subject to the maximum limits set forth in Section 2.1 hereof) issue payment for said amount to the Landlord, less any profit realized by the Landlord from the removal and/or disposal of the home.

5.8 If an Applicant disagrees with the Authority’s decision with respect to any application, the Applicant may petition the Authority to reconsider its decision by requesting an administrative review with the Authority no later than fourteen (14) calendar days after the Authority's initial decision on the application. The request:

5.8.1 must be in writing;

5.8.2 must be received by the Authority within the aforesaid fourteen (14) day period; and

5.8.3 must include reasons and documentation in support of the Applicant’s position.

5.9 After receipt of the Applicant’s letter, the Authority will schedule an administrative review of the application at a regularly scheduled meeting of the Board of Directors of the Authority. Notice of the administrative review meeting will be sent to the Applicant at least seven (7) days in advance of the meeting. At the administrative review meeting, the Applicant shall present information or documentation to support the Applicant’s position. At the administrative review meeting, the Authority will render a decision and notify the Applicant of its decision and the reason for the Authority's decision. The decision of the Authority shall be final and conclusive.

6.0 Moving and Towing Contractors

6.1 It shall be the responsibility of the Tenant and/or Landlord to enter into a contract with a towing or moving company for purposes of relocating, removing and/or disposing of a manufactured home. The contractor must be duly licensed to engage in said business in Delaware. The Authority shall not be responsible for the performance of the contractor, or have any obligation to the contractor, financial or otherwise.

7.0 Certified Manufactured Home Appraisers

7.1 The Authority shall maintain a list of certified manufactured home appraisers who are authorized and qualified to appraise manufactured homes in Delaware.

7.2 The appraiser shall be an independent appraiser who is qualified to appraise manufactured homes in Delaware.

7.3 Any appraisal required under the Act shall include the certified manufactured home appraiser’s opinion as to the fair market value of the manufactured home as sited, and any existing appurtenances, but shall exclude the value of the underlying land. The appraisal shall take into consideration the replacement cost of the manufactured home, together with the age, physical condition and appearance of the home.

7.4 Any appraisal submitted by the appraiser shall include the appraiser’s professional qualifications, a summary of the salient facts and conclusions of the appraiser, a description of the manufactured home, its condition, and the appraiser’s analysis and conclusions.

7.5 The appraiser shall provide at least one original and three copies of each report to the Authority.

APPENDIX A

DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY

TENANT APPLICATION FOR RELOCATION ASSISTANCE

I hereby request assistance from the Delaware Manufactured Home Relocation Trust Fund as set forth in 25 Del.C. §7012. By signing this form, I certify that I am a tenant as defined in 25 Del.C. §7003(u) and that I have paid my share of the total Trust Fund assessment during the course of my tenancy. I understand that it is a class A misdemeanor for a tenant or a tenant's agent to file any notice, statement, or other document required hereunder which is false or contains a material misstatement of fact.

____________________________________________

(Signature of Tenant) (Date)

____________________________

(Social Security No.)

TENANTS NAME_______________________________

(Please Print)

PARK NAME __________________________________

UNIT ADDRESS:_____________________________________

Space No.

CITY/STATE/ZIP CODE: _________________________

Mailing Address if different from where unit is:

_______________________________________

PHONE NUMBER: _______________

SINGLE-WIDE___ DOUBLE-WIDE___

UNIT SIZE: _____ YEAR: ________

MANUFACTURER: __________________

Please attach: (a) a copy of your title or a notarized document showing ownership; (b) a copy of the notice of termination or non-renewal of your rental agreement due to a change in use of land; (c) if you are seeking relocation expenses, you must submit a copy of your contract with a licensed moving or towing contractor for the moving expenses for your home; (d) if you believe that your home is non-relocatable, provide a brief description of the reason for your belief. (If the Authority determines that your home is in fact non-relocatable, you must obtain at your expense, an appraisal prepared by a certified manufactured home appraiser. A list of qualified appraisers may be obtained by contacting the Authority). If you elect to abandon your home, please so note below. Under the Act, the maximum benefit payable to a Tenant who elects to abandon his or her home is $1,500.00 for a single section home and $2,500.00 for a multi-section home.

Type of Benefits Applied For: (Check the Appropriate Benefit and Amount Requested)

A. Relocation Expenses of Moving Home ____ $ ____

B. Abandonment Payment ______ $ _____

C. Non-Relocatable Home Payment ______ $ _____

This form must be completed and returned along with the required documents to:

Delaware Manufactured Home Relocation

Authority

Dover, Delaware 19901

APPENDIX B

DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY

APPLICATION FOR REMOVAL AND DISPOSAL ASSISTANCE SUBMITTED BY

MANUFACTURED HOME COMMUNITY OWNER

The undersigned Applicant, a manufactured home community owner, hereby requests assistance from the Delaware Manufactured Home Relocation Trust Fund pursuant to 25 Del.C. §7014. By signing this form, Applicant certifies that Applicant is the owner of a manufactured home community, as defined in 25 Del.C. §7003(l), and that Applicant has paid Applicant's share of the total Trust Fund assessment during to course of the tenancies and has remitted to the Authority the tenant's share as required by law. Applicant agrees that if Applicant realizes a profit from the removal and/or disposal of a home included in this Application, Applicant will notify the Authority in writing and will reimburse the Trust Fund for any profit gained by the Applicant pertaining to that home. Applicant understands that it is a class A misdemeanor for a landlord or a landlord's agent to file any notice, statement, or other document required under Section 7014 which is false or contains a material misstatement of fact.

__________________________________

(Signature of Landlord) (Date)

____________________________

(Social Security or E.I. Number)

LANDLORD NAME______ _______________________

(Please Print)

PARK NAME __________________________________

PARK ADDRESS:____________________________________

Space No.

CITY/STATE/ZIP CODE: _________________________

Mailing Address if different from where park is located:

_______________________________________

PHONE NUMBER: _______________

Total Spaces in Park: _______

TOTAL HOMES LOCATED IN PARK: ______

DATE TERMINATION/NONRENEWAL NOTICE MAILED TO TENANTS: ___________

DATE RECLOCATION PLAN FILED WITH AUTHORITY: _______________________

Please attach: (a) a copy of the Relocation Plan and all quarterly updates to the Plan; (b) a copy of the notice of termination or non-renewal due to a change in use of land; (c) if you are seeking recovery of removal/disposal expenses, you must submit a copy of your contract with a licensed moving or towing contractor for the moving and disposal expenses for each home that is being removed or disposed of; (d) for each non-relocatable or abandoned home for which compensation is sought, complete the attached summary form and submit with this Application.

Total Removal/Disposal Expenses Claimed: $ ___________

This form must be completed and returned along with the required documents to:

Delaware Manufactured Home Relocation

Authority

Dover, Delaware 19901

NON-RELOCATABLE OR ABANDONED HOME DESCRIPTION FORM

HOME OWNER INFORMATION CURRENT LOCATION OF MANUFACTURED HOME

Name: _________________________________

Address & Space Number:

Address: _______________________________

City/State/Zip Code: ______________________

Phone Number: __________________________

DESCRIPTION OF HOME

Single or Multi-Wide: ___________________________

Size: ________________________________________

Manufacturer: _________________________________

Serial Number: ________________________________

Year Manufactured: _____________________________

HUD Label if any: ______________________________

Listing of Appurtenances attached to the home, including estimate of Size:

(Awnings, Skirting, Coolers or Air Conditioners, Sheds, Porches, Carport, etc.)

________________________________________________

DETAIL OF WORK TO BE PERFORMED AND CHARGES:

NOTE: Must include all disassembly, transportation and disposal costs.

Contractor Information:

Name: _____________________________

Address: ___________________________

IF APPLICANT REALIZES A PROFIT FROM THE REMOVAL AND/OR DISPOSAL OF THE HOME, APPLICANT MUST REIMBURSE THE TRUST FUND FOR ANY PROFIT GAINED BY APPLICANT PERTAINING TO THAT HOME.

8 DE Reg. 1418 (4/1/05)